PUBLIC OFFER OF MONOCHROME ONLINE SHOP
Sole trader Bogdanovich Nikolay Grigoryevich, hereinafter referred to as the Seller, offers the Goods placed in the online shop at: http://monochrome.ru/ (hereinafter – the Online Shop), to any competent individual/legal entity (including an individual entrepreneur), hereinafter referred to as the Purchaser, if the latter accepts the terms and conditions of this Agreement and the Annexes thereto (unconditional acceptance).This Agreement shall not require bilateral signing and shall be valid in electronic form.
For the purposes of this Agreement, the Parties use the following terms in the following meaning:
1.1. Online Shop means a site located on the Internet at: http://monochrome.ru/, through which the Seller carries out the distance selling of the Goods.
1.2. Goods mean tangible objects located in the Online Shop and available for ordering by the Purchaser.
1.3. Defective Goods mean products that have faults or major faults.
1.4. Order means the Purchaser’s request executed through the site of the Online Shop or by telephone number of the Online Shop for the acquisition and delivery of the Goods selected by the Purchaser in the Online Shop to the address specified by the Purchaser.
1.5. Purchaser means any individual (legal entity) or individual entrepreneur that has accepted this Agreement.
1.6. Seller means Sole trader Bogdanovich Nikolay Grigoryevich (Primary State Registration Number of the Individual Entrepreneur (OGRNIP): 316774600484453).
1.7. Manufacturer means a person that manufactured the Goods and issued a guarantee for the Goods under the conditions specified in the warranty card.
1.8. Offer Acceptance (Unconditional Acceptance) means, in accordance with Art. 438 of the Civil Code of the Russian Federation, the full and unconditional acceptance of the Agreement carried out by ordering the Goods in the Online Shop.
1.9. Personal Data means information related to the Purchaser, including the information specified thereby while placing an order, which allows to confirm the identity of such Purchaser.
1.10. Personal Data Processing means any actions (operations) performed manually or automatically with personal data, including collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer), depersonalization, blocking and destruction of personal data.
1.11. Equivalent Handwritten Signature means pressing the Confirm Order button while placing an order on the Seller’s site, or expressing an intent to acquire the goods by telephone in a conversation with the manager (when the manager creates an order by telephone on your behalf).
1.12. Self-Pickup Point means the location of the Seller (a courier company, with which the Seller has entered into an appropriate contract), where the Purchaser receives the Order independently.
1.13. Seller’s Manager means an employee of the Seller.
2. SUBJECT-MATTER OF AGREEMENT
2.1. The Seller undertakes to transfer into the ownership of the Purchaser, and the Purchaser undertakes to pay for the Goods and to accept the Goods ordered on the site of the Online Shop.
2.2. If the Purchaser does not agree with any of the provisions of this Agreement, the Purchaser is not entitled to order the goods or apply for the goods through the site or by telephone number specified on the site of the Online Shop. If the Seller has made any changes to the Agreement, with which the Purchaser does not agree, the Purchaser is obliged to stop using the site of the Online Shop.
2.3. In accordance with Part 1 of Article 450 of the Civil Code of the Russian Federation, the Parties agreed that the Seller is entitled to unilaterally amend or supplement this Agreement at any time. The Seller shall submit the offer by posting a new version on the Internet at: http://monochrome.ru/. The amendments shall enter into force on the next calendar day after the publication of the new version of the Agreement.
2.4. The Purchaser undertakes to independently get familiar with the current version of the Agreement.
2.5. By placing the Order, the Purchaser warrants that he/she has fully read the text of this Agreement and accepts the terms and conditions thereof. The Order placing after amending the Agreement shall be considered by the Seller as acceptance of the new terms and conditions of the Agreement.
3. OFFER ACCEPTANCE (ADOPTION)
3.1. The text of this Agreement is a public offer (in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation).
3.2. The fact of placing the Order is the irrevocable adoption of this Agreement (unconditional acceptance), and the Purchaser shall be considered as a person that entered into contractual relations with the Seller.
3.3. By expressing consent with the terms and conditions of this Agreement, the Purchaser confirms that he/she is acting not in the interests of any third parties, but exclusively on his/her own behalf and in his/her own interests.
3.4. The Order placing shall be carried out by filling out a form and sending it to the Seller specifying the parameters of the Order through the site of the Online Shop:
- Name, quantity, cost of the Goods.
- Name of the Purchaser.
- Contact telephone number of the Purchaser.
- Email address of the Purchaser.
- Delivery option.
3.5. The Order is deemed to be completed after confirmation of the Order by telephone or by mail specified in the Order by the Seller’s Manager.
3.6. If the Seller has any reasons to believe that the information provided by the Purchaser while placing the Order is not true or is not provided in full, as well as in case of abusive and/or inappropriate behavior, he/she may be refused to accept the Order on a temporary or permanent basis.
3.7. All fields of the Order Form are required to be filled out by the Purchaser. The Seller shall not verify the accuracy and relevance of the data specified by the Purchaser.
3.8. The Purchaser is not entitled to specify any third parties’ data or knowingly false data in the Order Form.
3.9. Prior to placing the Order and entering into this Agreement, the Purchaser undertakes to get familiar with:
- The main consumer properties of the Goods, the place of manufacture of the Goods, the cost of the Goods. The specified information is posted on the page about the Goods.
- The methods of payment for the Goods. The specified information is posted on the Site of the Online Shop.
- The methods and cost of Delivery of the Goods. The specified information is posted on the Site of the Online Shop. The delivery times are specified approximately and may vary to a greater or lesser extent depending on the work of the Courier Company, with which the Seller has entered into the agreement for the delivery of Goods to the Purchaser. The Seller reserves the right not to deliver the Order to the Purchaser if the Purchaser has any unpaid Orders.
4. SPECIFICATIONS OF GOODS
4.1. The Goods are presented in the Online Shop through photo samples owned by the Online Shop.
4.2. Each photo sample is accompanied by textual information: name, size, unit price and description of the Goods.
4.3. All information and specifications of the Goods presented in the Online Shop are for reference only and may not fully report information about the properties and specifications of the Goods, including colors, sizes, materials, and shapes. If the Purchaser has any questions regarding the properties and specifications of the Goods, the Purchaser shall contact the Seller before placing an order via email or by telephone number specified on the site of the Online Shop.
4.4. Due to different technical specifications, the color of the Goods may differ from the color presented in the Online Shop.
4.5. The specifications and appearance of the Goods may differ from those presented on the site.
4.6. The By Order position of the Goods means that the Seller is out of stock in respect of such Goods. While placing the Order for By Order Goods, the Purchaser expresses the intent for the Seller to purchase such Goods after their arrival to the Seller. The Seller does not guarantee the arrival of the By Order Goods.
4.7. The Seller shall not be liable for the absence of the Goods posted on the site of the Online Shop. The Purchaser shall independently verify the availability of the Goods before placing the order or at the time of coordinating the order with the Seller’s Manager.
5. PRICE OF GOODS
5.1. The prices in the Online Shop are specified in the currency of the Russian Federation per unit of the Goods.
5.2. The tariffs for the provision of services for the Delivery of the Goods are available in the Online Shop and are not included in the price of the Goods. The delivery cost shall be paid by the Purchaser separately and shall not be refundable in case of return (exchange) of the Goods.
5.3. The price of the Goods specified in the Online Shop may be changed unilaterally by the Seller.
6. PAYMENT FOR GOODS
6.1. The Purchaser shall pay for the Goods by the methods specified in the Online Shop within the Basket section.
6.2. In case of cash payment, the Purchaser is obliged to pay the Seller the price of the Goods at the time of their delivery, and the Seller is obliged to provide the Purchaser with a cash register or sale receipt or other document confirming the payment for the Goods.
6.3. In case of non-cash payment, the Purchaser’s obligation to pay the price of the Goods shall be deemed performed from the moment of crediting the relevant money in the amount of one hundred percent (100%) of the prepayment in the Seller’s bank account (Payment Acceptance Operator).
6.4. In case of non-cash payment, the Seller carries out the Delivery (release) of the Goods to the Purchaser only after receipt of the payment.
6.5. The delay in payment for the price of the Goods by the Purchaser for a period exceeding one (1) calendar day from the moment of the Order of the Goods is a material violation of this Agreement. In this case, the Seller shall be entitled to unilaterally refuse to perform this Agreement by notifying the Purchaser thereabout.
6.6. The Purchaser shall at his/her own expense pay commissions (fees) imposed by credit organizations (payment systems) while making the payments.
6.7. The Purchaser shall clarify the availability of the Goods with the Seller before making the payment.
6.8. Resolution No. 55 of 1998 provides a list of Goods which cannot be returned or exchanged under Article 25 of Federal Law No. 2300-1 of 1992. Paragraph 5 of the Resolution prohibits the return and exchange of underwear and hosiery.
Returns or exchanges of these Goods are made only in the case of manufacturing defects or discrepancies with the declared size.
7. DELIVERY OF GOODS
7.1. The delivery of the Goods to the Purchaser shall be carried out to the address and within the time agreed by the Purchaser and the Seller’s Manager while placing the order, or the Purchaser shall independently pick up the Goods from the Seller’s warehouse or the Self-Pickup Point.
7.2. The delivery cost of each Order shall be calculated individually and depends on the selected delivery method.
7.3. The Purchaser’s failure to appear within 3 business days, the refusal to accept the delivery on the agreed day, the postponement of delivery or the failure to perform any other necessary actions for the acceptance of the Goods may be considered by the Seller as the Purchaser’s refusal to perform the Agreement.
7.4. The right of ownership and the risk of accidental destruction, loss or damage to the Goods shall be transferred to the Purchaser from the moment of delivery of the Goods to the Purchaser or his/her Representative.
7.5. Upon delivery, the Goods are handed over to the Purchaser or the Representative. The Seller is not obliged to verify the Representative’s authority to accept the Goods if the Representative is at the Delivery address.
7.6. The Purchaser is obliged to accept the Goods by name, quantity, and range at the time of acceptance.
7.7. The Purchaser or the Purchaser’s Representative, upon acceptance of the Goods, shall confirm that he/she has no complaints about the appearance, name, quantity and completeness of the Goods, as well as confirm the familiarization with the rules for returning (exchanging) the Goods.
7.8. After sending the Goods by the transport company, the Seller, at the request of the Purchaser, shall inform the Purchaser about the data of the transport company and the data necessary to identify the cargo (goods).
7.9. The Purchaser undertakes to ensure the acceptance of goods from the transport company. While accepting the Goods from the transport company, the Purchaser is obliged to inspect the Goods for the presence and integrity of the package. If the package is damaged and has other defects, the Purchaser is obligated to make appropriate marks on the consignment notes. Otherwise, subsequent claims for incompleteness or damage of the Goods during transportation shall not be accepted by the Seller.
7.10. The Purchaser undertakes to reimburse the Seller for documented expenses caused by the failure to accept the Goods from the transport company on the appointed day (including services of the transport company for the consignment storage of the unaccepted Goods, services of the transport company for the repeat delivery of the Goods).
7.11. If, while accepting the Goods from the transport company, the Purchaser refuses the Goods, he/she is obliged to immediately notify the Seller thereabout at the details specified in Section 15. Otherwise, the Seller shall be entitled to impose the reimbursement for the consignment storage of the Goods by the transport company on the Purchaser.
7.12. If the Purchaser refuses the prepaid Goods, not due to a violation of the terms and conditions for the quality of the Goods, the Seller shall withhold from the money refunded to the Purchaser the expenses for delivery and return of the Goods, as well as all incurred reasonable costs and expenses (including storage costs), any losses, taxes and customs fees. The repeat delivery of the prepaid Goods to the Purchaser shall be carried out after one hundred percent (100%) payment of the Seller’s expenses for delivery and return of the first delivery.
7.14. The delivery times specified on the site of the Online Shop are a guide and may differ from the actual times upwards or downwards.
7.15. For the Purchasers from distant countries, the Seller shall send the order excluding taxes and duties of a country of the Purchaser’s stay. The delivery price shall not include taxes and duties.
8. RIGHTS AND OBLIGATIONS OF PARTIES
8.1. The Seller undertakes:
- Not to disclose any personal data of the Purchaser and not to provide access to such information to any third parties, except for the cases provided for by Russian laws, this Agreement, and the Policy regarding the personal data processing.
- To provide the Purchaser with the opportunity to get free telephone consultations by the telephone numbers specified on the site of the Online Shop. The scope of consultations is limited to specific issues related to the performance of the Order and the specifications of the Goods.
- The Seller shall be entitled to refuse the Purchaser to accept and perform the order if the Purchaser placed an order earlier and did not pay therefor, refused the order at the time of delivery of the Goods, did not pick up the Goods from the Self-Pickup Point, or if the Seller has any doubts about the reliability of the specified Purchaser’s data, without disclosing the reason.
8.2. The Purchaser undertakes:
- Prior to entering into the Agreement, to get familiar with the content of this Agreement, the terms of payment and delivery on the site of the Online Shop.
- To provide reliable information about himself/herself (full name, contact telephone numbers, email address) and details for the delivery of the Goods.
- To accept and pay for the Goods within the periods specified in this Agreement.
9. LIABILITY OF PARTIES AND DISPUTE SETTLEMENT
9.1. The Parties shall be liable for the failure to perform or improper performance of this Agreement in the manner provided for by this Agreement and the applicable laws of the Russian Federation.
9.2. The Seller shall not be liable for the Order delivery if the Purchaser specified the wrong delivery address or contact details.
9.3. The Seller shall bear no responsibility if the Purchaser’s expectations about the consumer properties of the Goods were inflated.
9.4. The Seller shall not be liable for the discrepancy in the availability of goods on the site of the Online Shop and the actual availability thereof in the Seller’s warehouse.
9.5. The Seller is obliged to notify the Purchaser about the availability of goods at the time of the order approval, in case of the absence of goods to offer a replacement or to clarify the approximate time for arrival of the goods.
9.6. All disputes and disagreements arising during the performance by the Parties of their obligations under this Agreement shall be resolved through negotiations. If it is impossible to settle them, the Parties shall be entitled to apply for judicial protection of their interests.
9.7. The Parties determined the need to comply with the mandatory procedure for extrajudicial settlement of claims in anticipation of an action in the court. The claim response period is set to ten (10) calendar days from the date of its receipt.
10. RETURN AND EXCHANGE OF GOODS
10.1. The Purchaser shall be entitled to refuse the Goods of proper quality, if they did not fit for any reason, at any time before the delivery thereof, and also after the delivery, within seven (7) days, excluding the day of their purchase.
10.2. The return of the Goods of proper quality:
- If the Purchaser intends to return the goods of proper quality, the Seller reserves the right to carry out the inspection for the integrity of marketable appearance (in accordance with Section 25 of the Law On Protection of Consumers’ Rights).
- While returning the goods of proper quality, the Seller returns the full cost of the goods to the Purchaser, and the Purchaser may also order the collection of goods by paying the cost of delivery of the returned goods (in accordance with Clause 4 of Article 26.1 of the Law On Protection of Consumers’ Rights) or bring the goods on his/her own.
10.2.1. The return of the Goods of proper quality manufactured by the Seller under the individual design of the Purchaser and/or with personalization design (Monochrome iD):
- The Goods manufactured under the individual design of the Purchaser and/or with the use of personalization are not subject to return or exchange, if during the process of manufacture the technical drawbacks were not committed (sewing and/or fabric drawbacks), provided that the terms of reference of the Purchaser formed thereby in the process of placing the order by selecting the product parameters (set of colors), were observed by the Seller.
10.3. The return of the Goods of inadequate quality:
- In case of any claims for the quality of the goods, the Seller reserves the right to carry out the quality inspection of the goods (in accordance with Clause 5 of Article 18 of the Law On Protection of Consumers’ Rights).
- The return and exchange of the goods of inadequate quality weighing more than five (5) kilograms shall be carried out at the expense of the Seller (in accordance with Clause 7 of Article 18 of the Law On Protection of Consumers’ Rights).
10.4. To return the Goods, it is necessary that:
- The Goods are not in use, their consumer properties, marketable appearance, packaging, seals, labels, as well as the sale or cash register receipt, documentation for the goods are preserved.
- The Goods are the goods of proper quality (in good shape, with no damages, stains, excessive tensions, marks, and odors that indicate the use of the goods, as well as with no other visual damages, except for hidden manufacturing defects).
- If there are any claims to the appearance and completeness of the goods, the Purchaser may refuse to acquire the Goods prior to the delivery of the Goods. The Purchaser is entitled to make complaints about the appearance of the delivered Goods only before the Goods are handed over by the Seller. References to the contamination of the Goods, insufficient lighting of the premises, rush by the Seller’s forwarders and other reasons are not grounds for the Purchaser’s failure to perform his/her obligations.
- Food products and individually manufactured Goods are not subject to return or exchange.
10.5. The repayment of money:
If the payment for the goods was made by the Purchaser in cash, the Seller shall make repayment of money to the Purchaser’s bank account, which the Purchaser specifies in the return form. The Purchaser may receive the return form by sending a request for the return of the goods by the Seller’s telephone number or email address specified in the Online Shop in the Contacts section.
- If the payment for the goods was made by the Purchaser by bank transfer, the Seller shall make repayment of money to the Purchaser’s bank account, from which the payment for such goods was made.
11. FORCE MAJEURE
11.1. The Parties shall be exempted from liability for the failure to perform or improper performance of their obligations under the Agreement for the period of force majeure circumstances. Force majeure means extraordinary and insuperable circumstances under the given conditions that impede the performance by the Parties of their obligations under this Agreement. They include natural disasters (earthquakes, floods, etc.), circumstances of public emergency (military operations, states of emergency, major strikes, epidemics, etc.), prohibitive measures of the state authorities (embargo on traffic, currency restrictions, international sanctions for prohibition of trade, etc.). During such time, the Parties have no mutual claims, and each of the Parties assumes its own risk of the consequences of force majeure circumstances.
12. DURATION OF AGREEMENT
12.1. The Agreement shall come into force from the moment of Unconditional Acceptance by the Purchaser and shall be valid until the Parties perform their obligations.
13. CONSENT TO PURCHASER’S PERSONAL DATA PROCESSING
13.1. By placing the Order on the site of the Online Shop, the Purchaser confirms his/her consent to the processing by the Seller of his/her personal data and agrees with the Personal Data Processing Policy posted on the Internet at: http://monochrome.ru/. The Personal Data Processing Policy shall constitute an integral part of this Agreement.
13.2. The list of actions with Personal Data, to the performance of which the Purchaser agrees:
● Receipt and Storage of Personal Data (in electronic form and on paper).
● Clarification (updating, changing) of Personal Data.
● Use of Personal Data for the performance of this Agreement.
● Transfer of the Purchaser’s Personal Data in the manner prescribed by the laws of the Russian Federation.
● For the purpose of catalog mailing, for marketing and other commercial purposes. The User may refuse to receive such messages, following the link to cancel the subscription or the instructions specified by the Seller upon receipt of the corresponding request.
● For carrying out communication with the User, including for sending notices, requests, and information regarding the use of the Site, the performance of agreements and contracts, as well as for processing of the User’s orders and requests.
● For the transfer of Personal Data to any third parties in the territory of the Russian Federation for the purpose of performing this Agreement.
● Carrying out statistical and other studies based on anonymized data.
● Improving the quality of the Site and the services provided by the Seller.
13.4. The Purchaser’s consent to the personal data processing shall be granted without limitation as to its period of validity.
13.5. The Purchaser, only by his/her personal statement, shall be entitled to withdraw (amend) such consent to the Personal Data processing.
13.6. The Seller shall process and ensure the confidentiality of the Personal Data in accordance with the requirements of the applicable laws of the Russian Federation and the General Data Protection Regulation of the European Union.
14.1. The Purchaser understands and accepts the terms and conditions that, due to temporary technical errors on the Site of the Online Shop, the information, specifications of the Goods may be distorted (specifications, availability, completeness and price). The Seller reserves the right to amend the information. In the event of a technical error on the Site of the Online Shop that is not dependent on the Seller, if such fact is proved, the Purchaser reserves the right to return the Goods.
14.2. The Parties shall carry out the interaction on the details:
● For the Seller – specified in Clause 15 of this Agreement.
● For the Purchaser – specified during the performance of the Order.
15. SELLER’S DETAILS
- Name: Individual entrepreneur Bogdanovich Nikolay Grigoryevich
- Address: 124683, Moscow, Zelenograd, 1559.
- Taxpayer Identification Number (INN): 773573738164
- Primary State Registration Number of the Individual Entrepreneur (OGRNIP): 316774600484453
- Bank: Tochka Branch of «Bank Otkritie Financial Corporation» (Public Joint-Stock Company)
- Russian Central Bank Identifier Code (BIK): 044525999
- Settlement Account: 40802810901500081572
- Correspondent Account: 30101810845250000999
- Email: firstname.lastname@example.org
- Contact Telephone Number: +79998044480