REGULATIONS FOR COMMODITY SALES AT HTTPS://KIRA.BOUTIQUE
This document describes the procedure for making a product retail sales agreement that are described and can be purchased at https://kira.boutique web-store, as well as conditions of the product retail sales agreement made, including as regards to the terms of payment for purchased products, delivery options, timelines, and other provisions that the seller may consider substantial. Conditions of the retail sales agreement provided in this document are integral part of the said agreement at the moment fixed in such agreement.
1. DEFINITIONS USED IN THIS DOCUMENT
1.1. “Terms” – this document.
1.2. “Site” – a combination of programs and other data contained in the data system accessed through internet at: https://kira.boutique, of informative and promotion nature with functions of a web-store, intended for acceptance and procession of preliminary orders for Goods.
1.3. “Buyer” – a private person visiting the Site, intending to make / making / having made a preliminary order for the Product through the Site or using the Products exclusively for personal, family, private and other needs that aren’t associated with any business activities.
1.4. “Seller” – Limited Liability Company GLOBALFININVEST, Individual Taxpayer Number 7840083492, Primary State Registration Number 1187847242483, Tax Registration Code 784001001, registered at: 191025, St. Petersburg, Nevsky Prospect 55, letter A, office 335.
1.5. “Product” – an item, the description and price of which is provided at the Site, available for preliminary order through the Site.
1.6. “Agreement” – the Product retail sales agreement made by the Buyer and the Seller after the Buyer places a preliminary order for the Product through the Site, in accordance with the procedure and timeline provided in Clause 3 of the Terms.
2. SCOPE OF THE TERMS
2.1. Even the Buyer places a preliminary order for the Product through the Site, as regards to provisions, typical for only remote retail sales agreements, these Terms don’t apply in the following cases of purchasing Products:
2.1.1. on a by-order basis, when the Seller makes a personal product for the Buyer, in accordance with specific parameters, unlike any other Product on the Site;
2.1.2. purchase of products by the Buyer for the needs that aren’t personal, family, or private;
2.1.3. in other cases when the Buyer had an opportunity to review the Product directly or when the description of the Product was not provided by means of the Site or was provided at the Site alone.
3. AGREEMENT MAKING
3.1. Description of Products for sale provided at the Site isn’t a public offer.
3.2. The agreement in regard to the Product chosen by the Buyer through the Site is considered made as soon as the Seller that has sent the Buyer an offer receives the Buyer’s bill of acceptance.
3.3. To choose a specific Product the Buyer shall place a preliminary order for the Product through the Site.
3.4. To place a preliminary order for a specific Product the Buyer can do the following:
3.4.1. fill in a form in the window popping up at the Site page about the Product chosen by the Buyer after pressing the buttons “Add to cart” à “View cart” à “Proceed to check-in” (or similar buttons);
3.4.3. then press the button “Send preliminary order” or similar.
3.5. When the Buyer places a preliminary order for the Product, they offer the Seller to make an offer and enter an Agreement with the Buyer in regard to the Product provided in the preliminary order.
3.6. After receiving a preliminary order for the Product, the Seller sends the Buyer an offer to make an Agreement in regard to the Product provided in the preliminary order, in the form of:
3.6.1. an email inquiry asking the Buyer to confirm the data provided in the preliminary order and to approve the timelines for the Seller to hand over to the Buyer the Product provided in the preliminary order, which is the material condition of the Agreement, if the Seller’s offer states so, or
3.6.2. by sending the Buyer an offer of making an advance payment for the Product provided in the preliminary order.
3.7. The Buyer shall accept the Seller’s offer in one of the following ways:
3.7.1. by confirming the data provided in the preliminary order and agreeing with the timelines of handing over the Product by the Seller in a way, indicated in the email the Buyer receives from the Seller, or
3.7.2. by making an advance payment for the Product provided in the preliminary order the Product.
3.8. The Seller’s offer remains in effect for 24 (twenty four) hours, and as soon as this period expires, the Seller is no longer bound by the offer he/she previously has sent to the Buyer, and the Buyer can no longer accept that offer, which at the same time doesn’t deprive the Buyer of their right to place another preliminary order for the Product and make an Agreement in accordance with the procedure provided herein.
4. INFORMATION ABOUT THE PRODUCT
4.1. Information about the Product acquired by the Buyer, as required by RF law and all the regulations thereunder, shall be provided by the Seller in writing as soon as the Product is delivered.
4.2. The Buyer is informed about key consumer properties of the Product, place of its production, rules and conditions of its use, its period of service and warranty period reading the data on the Site page, showcasing the Product type.
4.3. To learn more details about the Product, the Buyer is entitled at any moment to contact the Seller by phone in the latter’s working hours for verbal advice (the telephone number is provided at the Site), or by email (the address is provided at the same place), or by pressing the Contacts button and filling in a feedback form after pressing the Send message button.
5. PAYING FOR THE PRODUCT
5.1. To pay for the Product chosen the Buyer can make an advance payment or to make a payment as soon as he/she is handed over the Product.
5.2. Advance payment for the Product is made in non-cash money or in electronic money, as the Seller informs the Buyer as established in paragraph 6.2 of the Terms.
5.3. Paying for the Product at the moment of its handing over is made in cash:
5.3.1. to the Seller’s representative in the Seller’s shop in case the Buyer picks up the Product themselves (if such option is available at the Buyer’s location);
5.3.2. to the courier, employed by the express delivery service, as soon as the Product is handed over (if such option is available at the Buyer’s location);
5.3.3. to the employee of the Russian Post in case this agency is used to deliver the Product (payment on delivery) (if such option is available at the Buyer’s location).
5.4. Unless otherwise is indicated on the Site, the cost of delivery of the Product by the express delivery service or by regular post to the local post office of the Buyer is included into the price of the Product, indicated on the Site. The Seller is entitled on its own discretion modify the list and types of methods used to pay for the Products as provided in paragraph 5.3 of the Terms. The Seller doesn’t guarantee that all the payment methods provided in 5.3.1 through 5.3.3. of the Terms will be available to the Buyer on every occasion.
5.5. Relations associated with money / e-money transfer from the Buyer to the Seller aren’t the subject of these Terms and are regulated by an agreement between the Buyer and the corresponding paying aggregator, or by an applicable RF law. The Seller isn’t responsible for compliance with the agreement between the paying aggregator and the Buyer or for compliance of the latter with the applicable RF law.
5.6. All the Buyer’s expenses associated with money/e-money transfer to the Seller (in particular, the compensation for the paying aggregator, bank charges, etc.) are determined and brought to the Buyer’s notice by the paying aggregator, aren’t included into the Agreement price, and are put on the Buyer’s account.
6. HANDOVER OF THE PRODUCT
6.1. Delivery times provided at the site don’t match the times of the Seller’s handing over the Product to the Buyer.
6.2. Times of the Seller’s handing over the Product to the Buyer are indicated in the Seller’s offer and are provided in workdays, and include the time for delivery of the Product to its handover point. In case the time of the Seller’s handing over the Product to the Buyer isn’t provided in the offer, this period is acknowledged to be 300 (three hundred) calendar days.
6.3. The period of the Seller’s handing over of the Product to the Buyer starts as soon as the Buyer accepts the Seller’s offer.
6.4. The Seller can hand the Product over to the Buyer in one of the following ways, as approved between the Seller and the Buyer when they make an Agreement:
6.4.1. the Seller can hand over the Product to the Buyer at the Seller’s location;
6.4.2. the representative of the Seller or the express delivery service can hand the Product over to Buyer at the Buyer’s location, provided by the Buyer in the preliminary order;
6.4.3. in the post office at the Buyer’s location, provided by the Buyer in the preliminary order.
6.5. The Agreement is acknowledged to be fulfilled by the Seller, and the risks of occasional perishing or damaging of the Product are transferred to the Buyer as soon as the Product is handed over to the Buyer in case the latter picks it up, and in cases provided in paragraphs 6.4.2-6.4.3 of the Terms this happens as soon as the Product is delivered at the Buyer’s location or at the Buyer’s local post office.
6.6. In cases provided in paragraphs 6.4.1-6.4.2 of the Terms, the Product is handed over to the Buyer or his/her representative after they present to the Seller, their representative or the express delivery service representative the data on the individual number of the order and the identification document.
6.7. In case the Product is delivered to the Buyer’s representative, it is the Seller’s right, but not an obligation, to ask the Buyer for a confirmation that the said representative acts on the behalf and for the benefit of the Buyer (in particular, by phone / SMS / email), in case the Buyer hasn’t provided such a confirmation to the Seller in advance. Prior to such confirmation, the Seller is entitled not to hand the Product over to the Buyer’s representative. In that case, the Seller won’t be considered to have delayed their obligation for the Product handover.
6.8. At the moment when the Buyer is handed over the Product, the Seller provides to the Buyer a waybill or a handover certificate for the Product, verifying that the Buyer has been handed over the Product, and in cases provided for in the law – a sales receipt, too. The Buyer shall sign such waybill or the handover certificate and hand one copy over to the Seller, their representative of the express delivery service.
6.9. Further activities (inactivity) of the Buyer are acknowledged as the Buyer’s unilateral refusal to perform under the Agreement:
6.9.1. the Buyer’s or their representative non-appearance at the Seller’s location within 7 (seven) calendar days after expiration of the Product handover time in case the Product is to be handed over as provided in paragraph 6.4.1 of the Terms;
6.9.2. the Buyer’s or their representative absence at the Buyer’s location in case the Product is to be handed over as provided in paragraph 6.4.2 of the Terms;
6.9.3. the Buyer’s non-appearance to the Buyer’s local post office in case the Product is to be handed over as provided in paragraph 6.4.3 of the Terms, resulting in return of the Product by the post agency;
6.9.4. the Buyer’s evasion from paying the cost of the Product at the moment of its handover to the Buyer (but for the cases when the Product is paid in advance).
6.10. If the Product has been paid by the Buyer in advance, then after the Buyer’s withdrawal from the Agreement due to the activities (inactivity) of the Buyer provided in paragraph 6.9 of the Terms, the Seller uses one of the methods provided in Clause 7 of the Agreement to return to the Buyer the amount paid for the Product within 10 (ten) calendar days since the Buyer’s withdrawal from the Agreement.
6.11. In case the Product is handed over as provided in paragraph 6.4.3 of the Terms conditions of receiving the Product and its storage at the post office are determined by the Rules of service and Postal regulations, or similar regulative acts as regards to the postal communications in effect at the moment of handover.
6.12. When handed over the Product, the Buyer is to check the amount, the contents of delivery and the quality of the Product as regards to visually determinable defects, and in case the parameters of the Product don’t match terms of the Agreement, the Buyer should instantly notify the Seller to that effect. Nonperformance of this obligation may result in the Seller’s refusal to fulfill the Buyer’s requirements of handing over the insufficient amount of the Product or to complete the contents of its delivery.
6.13. The Buyer becomes the owner of the Product at the moment of its handover.
7. PRODUCT RETURN ARRANGEMENTS
7.1. In case the Product obtained by the Buyer is not on the list of nonfood proper quality products that can’t be returned or exchanged for a similar product of a different size, shape, dimensions, cut, color or set, approved by Decree of RF Government No. 55 dated January 19, 1998, the Buyer is entitled:
7.1.1. to refuse delivery of the Product at any time before its handover, and within 7 (seven) days after its handover;
7.1.2. within 14 (fourteen) days after the handover to exchange the purchased Product to another Product of a different type, size, shape, dimensions, cut, color or set, resettling the accounts with the Seller in case of price difference, however, in case the Seller has the product for exchange available.
7.2. Return and/or exchange terms:
7.2.1. the Product retains its marketable conditions and consumer properties;
7.2.2. the Buyer has saved the waybill or the handover certificate, and the sales receipt;
7.2.3. the Seller hasn’t made the Product exclusively for the Buyer, and the Product has no individually determined properties that can prevent its use by other people;
7.2.4. fur Products are accepted for return or exchange only in case the control identification chip is in place.
7.3. In every case, return/exchange of the Product shall be performed by the Buyer personally and only at the Seller’s location, which is: 191025, St. Petersburg, Nevsky Prospect 55, letter A, office 335, in office hours from 10 a.m. till 5 p.m.
7.4. The Buyer is entitled to return/exchange the Product on the grounds of a written request addressed to the Seller’s General Director, which the Buyer is to hand over to the Seller personally along with the returned Product.
7.5. In such return/exchange request the Buyer shall provide the following data:
7.5.1. full corporate name of the Seller;
7.5.2. full name of the Buyer;
7.5.3. name (type), size and color of the Product to be returned/exchanged;
7.5.4. data when the Agreement was made, which is the date when the Buyer accepted the Seller’s offer;
7.5.5. number of the waybill or the handover certificate, provided in paragraph 6.8 of the Terms;
7.5.6. details of the Buyer’s account within the banking institution / web-wallet, where the amount paid by the Buyer for the Product or the cost differential for exchanged Products is to be returned – in case the Product is returned or exchanged with the change of costs;
7.5.7. the Buyer’s signature.
7.6. The amount paid by the Buyer in case the Product is returned shall be returned to be Buyer within 10 (ten) working days after the Seller receives the Product being returned along with the request indicated in paragraphs 7.4 to 7.5 by means of money transfer to the Buyer’s account within the banking institution/web-wallet, provided in the return request. If the Buyer fails to inform the Seller of a valid account/web-wallet, the account/web-wallet that the Buyer used to make the advance payment for the Product to the Seller shall be used as such.
7.7. In case the Product of proper quality is returned, cost of delivery of the product provided in paragraphs 5.4 to 5.5 of the Terms shall not be returned to the Buyer.
7.8. In the cases provided for in this clause delivery expenses as regards to the returned/exchanged Product of proper quality from the Buyer to the Seller and from the Seller to the Buyer are undertaken by the Buyer.
7.9. Arrangements for handing the Product over to the Buyer the Product to replace the initially delivered Product of proper quality and the same cost match the procedure of the Buyer’s initial purchase of the Product but for conditions of Clause 5 of the Terms.
8. CONSEQUENCES OF THE PRODUCT HANDOVER WITH RECESSION FROM THE AGREEMENT
8.1. Amount, quality and set of the Product handed over to the Buyer shall comply with the parameters posted at the Site and provided in the Agreement.
8.2. Appearance of the Product handed over to the Buyer can differ from the one provided at the Site.
8.3. In case the Buyer discovers any deviation from the parameters provided in paragraph 8.1 of the Terms, the Buyer must immediately notify the Seller about it by phone posted at the Site. Moreover, the Buyer must notify the Seller about such deviations in writing not later than in 20 (twenty) days after the handover of the Product.
8.4. In case the Seller violates the requirements as regards to the amount of the Product the Buyer is entitled to make a claim for the handover of the missing amount of the Product, which the Seller shall fulfil within the timeline approved by the Buyer, and in case such timeline hasn’t been approved, within 300 (three hundred) calendar days after the Seller receives the Buyer’s demand of handing over the missing amount of the Product.
8.5. The Buyer’s rights in case the Seller sells them the Product of improper quality and the procedure for enforcement of such rights are determined by RF Law No. 2300-1 dated February 07, 1992, About Consumer Protection Rights with account to special aspects provided by these Terms.
8.6. The Seller is entitled to check the quality of the Product within 10 (ten) days after receiving from the Buyer the Product that the Buyer believes to be of unsatisfactory quality and the Buyer’s written claim in accordance with RF Law No. 2300-1 dated February 07, 1992, About Consumer Protection Rights.
8.7. Should the Buyer claim that the Seller eliminate the defects of the sold Product, the timeline for such elimination shall be 45 (forty five) days after the Seller receives the Product of unsatisfactory quality from the Buyer along with the written claim for defect elimination, including the quality check timeline as provided by Clause 8.6 of the Terms.
8.8. Should the Buyer claim that the Seller replace the Product of unsatisfactory quality, the Seller shall replace such Product within 20 (twenty) days after the Buyer submits a proper written claim, with account to the quality check timeline, and if at the moment when the claim is provided, the Seller doesn’t have the necessary product, it shall be replaced in one month after the claim of replacement arrives.
8.9. Should the Buyer submit to the Seller the claims related to improper quality of the Product acquired from the Seller and implying that the Seller is to return the Buyer the money paid for the Product fully or partially, such return shall be performed in accordance with procedure provided in paragraph 7.6 of the Terms. In this case expenses for delivery of the Product from the Seller to the Buyer and from the Buyer to the Seller are undertaken by the Seller.
9. FINAL PROVISIONS
9.1. Accepting the Terms, the Buyer verifies that he/she is at least 18 years old and isn’t incapacitated by law or authoritative bodies as required to conclude and perform the Agreement.
9.3. The Buyer shall not cede his/her rights and obligations under this Agreement to any other person without preliminary written agreement of the Seller.
9.4. Accepting the Terms, the Buyer gives his/her preliminary consent to cession of the Seller’s rights and obligations under the Agreement to another person.
9.5. Shall any of the clauses of the Terms become void, it has no effect on validity of its other provisions.
9.6. The Buyer assures the Seller that the data he/she provides to the Seller at making the Agreement and during its performance is true (personal data, contacts, proof of authority, etc.) during the effective period of Agreement or its certain provisions. The Buyer must immediately notify the Seller in case the information relevant for performance of Agreement changes and undertakes the risks of untimely notification of the Seller in that regard.
9.7. Accepting the Terms, the Buyer grants his/her consent for the Seller to use the contacts provided by the Buyer to the Seller for promotional and informational mailing that contains data on discounts, future and effective specials, as well as other events of the Seller and the progress under the Agreement (including by means of electronic messages, popup notifications, PUSH notifications, letters to the Buyer’s email, instant electronic messages, in information systems or programs used as messengers, by means of short text messages sent through mobile communications (SMS), in writing), using the contact data that the Buyer has provided to the Seller when making the Agreement.
9.8. Any disputes arising in regard to these Terms, making, performance or termination of the Agreement can be submitted for consideration by a competent court only after the Seller/the Buyer sends the Buyer/the Seller a written claim and doesn’t get an answer to it within 30 (thirty) days.