PUBLIC OFFER - NUDE STORY
DEFINITION OF TERMS:
Website visitor - a person who came to the website: www.nudestory.ru without an intention of placing an order.
User - a physical person, website visitor, who accepts the terms of this Agreement and intends to place an order at online shop Nude Story.
Buyer - a person who has accepted the public offer under existing conditions contained in this offer, who is placing orders and purchasing goods for his/her personal, domestic and other needs not related to business activities from self-employed Ms. Kamalova Alina Ahatovna, and which are presented on the website www.nudestory.ru.
Seller - self-employed Kamalova Alina Akhatovna (taxpayer identification number 165718292945/OGRNIP 314169005800152), location-Republic of Tatarstan, Kazan, 6B, Dzerzhinsky str.
Online Shop - the official online shop of seller self-employed Kamalova Alina Akhatovna, located at the Internet address: www.nudestory.com, which presents the Goods offered by the Sellers for purchase, as well as the terms of payment and delivery of Products to Buyers.
Website - www.nudestory.ru.
Goods - clothes, accessories and other goods presented for sale on the Website.
Order - a duly executed and placed request of the User, the Buyer (sections "Cart", "Order processing" are filled in accordingly at the Website) for purchase and delivery/ click and collect Goods selected on the Website to the address specified by the User.
Acceptance - the Acceptance of this Public Offer is considered to be execution of order by the Buyer of Goods according to the terms and conditions of the Public Offer.
1. GENERAL PROVISIONS
1.1 The Seller sells Goods through an online shop at www.nudestory.ru.
1.2 By ordering Goods through the Online Shop, the User agrees to the terms and conditions of sale of Goods set out below (hereinafter - Terms and Conditions of Sale of Goods). In case of disagreement with this Public Offer the User shall immediately stop using the Service and leave the website https://nudestory.ru/.
1.3 These Terms and Conditions of Sale of Goods, as well as information about the Goods presented on the Website, are a public offer in accordance with Articles 435 and 437.2 of the Civil Code of the Russian Federation. Relationships in the field of consumer protection are governed by the Civil Code of the Russian Federation, the Law "On Protection of Consumer Rights", the Government of the Russian Federation "On approval of the Rules of the sale of goods remotely" and adopted in accordance with it other federal laws and legal acts of the Russian Federation.
1.4 The public offer may be unilaterally changed by Seller without notice to User/Purchaser. The new version of the Public Offer comes into force after its publication on the Website and applies to any Order made after its publication, unless otherwise stipulated by the conditions of this Public Offer.
1.5.1 The Public offer is recognized as accepted by the Visitor of the Website / Buyer from the moment of the Order execution by the Buyer without authorization on the Website, as well as from the moment of the Order acceptance from the Buyer at the page of the Website "order form", which is opening once you click at the page "placing an order" in the section called Cart.
1.5.2. The agreement concluded on the basis of the Buyer's acceptance of this offer is a contract of accession, to which the Buyer joins without any exceptions and/or reservations.
1.5.3. The fact of placing an order by the Buyer is the unconditional fact of the Buyer's acceptance of the terms and conditions of this Agreement. A Buyer who has purchased an item at the Seller's online store (placed an order for an item) is considered to be a person who has entered into a relationship with the Seller on terms and conditions of this Agreement.
1.6. Retail purchase agreement is considered to be concluded from the moment the Seller issues a cash or goods receipt or other document confirming payment for goods to the Buyer.
1.7. By informing the Seller of his/her e-mail (e-mail address) and telephone number, a Website Visitor, the Buyer gives his/her consent to the use of the above mentioned means of communication by the Seller, as well as third parties involved by the Seller for the purposes of fulfillment of obligations to the Website Visitors, Buyers, for the purposes of advertising and information mailings, containing information about discounts, upcoming and current promotions and other activities of the Seller, as well as other information directly related to the fulfillment of obligations.
1.8. Carrying out an Order, the Buyer agrees that the Seller may entrust the execution of the Agreement to a third party, while remaining responsible for its execution.
1.9. The Buyer can place an order in the online store Nude Story 24 hours a day, 7 days a week, except for periods of routine work or technical failures.
1.10. The addresses and mode of operation of the pick-up points, as well as the conditions of the return are available on the website https://nudestory.ru/ in the sections "click&collect" and "return".
1.11. All text information and graphic images of goods placed on the Website are the property of the Seller. Viewing the information or printing the pages of the Webite is allowed only for personal use.
2.1 The subject of this Public Offer is to enable the User to purchase the Goods presented in the catalogue of the online shop at nudestory.ru for personal, family, home and other needs not related to business activities by purchasing the Goods.
2.2 This Public Offer shall apply to all types of Goods and services presented on the Website as long as such offers with description are present in the catalogue of the online shop.
3. PRODUCT INFORMATION AND ORDER PROCEDURE
3.1. Registration is not required to place an Order in this Website.
3.2. The Seller is not responsible for the accuracy and correctness of the information provided by the User when Ordering.
3.3. Communication of the User/Buyer with managers and other representatives of the Seller should be based on the principles of conventional morality and communication etiquette. It is strictly forbidden to use obscene words, abusive language, and threats and blackmail, regardless of the form and person they were addressed.
3.4. In the event that the ordered Product is not available at the warehouse, the Online Store Owner shall be entitled to remove said Product from the Order/cancel the Order of the User and notify the Buyer by sending an e-mail to the address specified by the Buyer during registration. Product images are for illustrative purposes only and may differ from the actual product. Descriptions/specifications accompanying the Product do not claim to be exhaustive and may contain typos. To clarify information on the Product, the Buyer must contact the Seller through the feedback system specified on the Website.
3.5. In the event of cancellation of a fully prepaid Order, the cost of the canceled Product is returned by the Seller to the Buyer in the way it was paid. For details on returns visit Return Procedure section.
3.6. The Buyer's Order is processed in accordance with the procedures specified on the Website in the "Cart" section.
3.7. The Buyer is solely responsible for providing incorrect information, which entailed the inability of the Seller to properly fulfill its obligations to the Buyer.
3.8. After placing the Order on the Website, the Buyer is provided with information about the estimated delivery date by sending an email to the address indicated by the Buyer during registration, or by phone. The manager serving this Order clarifies the details of the Order, agrees the delivery date, which depends on which delivery method is selected, which legal entity/individual entrepreneur will deliver, the availability of the ordered Goods in the Seller’s warehouse and the time required for processing and delivery of the Order.
3.9. The date of delivery of the Goods may be unilaterally changed by the Seller if there are objective reasons, according to the Seller.
4. DELIVERY PROCEDURE
4.1. The methods and approximate delivery times for the Goods are indicated on the Website in the "Delivery Methods" section at https://nudestory.ru; Specified delivery times can be agreed by the Buyer when confirming the order.
4.2. Delivery is carried out by courier to all cities of Russia and/or around the world by a transport company and/or postal service. The territory of delivery of the Goods presented on the Website and sold by the Seller is unlimited (worldwide) and/or in exceptional cases is determined depending on the type of Goods. In exceptional cases, the territory and/or methods of delivery is indicated in the “Checkout” section and/or is specified by the Seller.
4.2.1. Delivery of Goods to certain countries may be limited by the laws of the delivery country and/or the provisions of certain countries and/or international relations. In case of limitation of the delivery of Goods, the Goods must be returned to the Seller in an accessible way, the amount paid for the Goods are returned within 10 days in the way they were paid.
4.2.2. Pickup may be made by the Buyer from all Seller’s stores.
4.2.3. Simultaneously with the Product, the Seller submits a return form with information about the return period and a memo for the care of the Goods.
4.2.4. For Customers from non-CIS countries, the Seller sends the Order excluding taxes and duties of the Buyer's country of residence. Delivery costs do not include taxes and duties.
4.3. The Seller shall exercise his best efforts to keep the Product delivery times specified under the present Terms, nevertheless delivery delays are possible owing to unforeseen circumstances that might occur not through the Seller’s fault.
4.4. The Product shall be delivered to the Buyer or to a third party specified in the Order as the recipient (hereinafter the Buyer and the third party are referred to as the “Recipient”). If it is impossible to receive the Order by the above persons, the Order can be handed to a person who can provide information about the Order (shipment number and/or full name of the Recipient).
4.5. The risk of accidental loss or accidental damage to the Goods shall be transferred to the Buyer at the moment the Product is handed over to the Buyer and the consignment note confirming the delivery of the Order is signed by the Buyer. Non-receipt of the Order by the Customer is considered to be the basis for return of the cost of the Order paid by the Buyer and delivery in full (after receiving confirmation of the loss of the Order).
4.6. The delivery cost is calculated individually for each Order, based on the selected delivery method.
4.7. The User understands and agrees that: delivery is a separate service that is not an integral part of the Goods purchased by the Buyer. Claims for the quality of the purchased Goods that arose after receipt and payment of the Goods are considered in accordance with the Consumer Protection Act of the Russian Federation and the warranty obligations of the Seller. In this regard, the purchase of the Goods with delivery does not give the Buyer the right to demand delivery of the purchased Goods for warranty service or replacement, does not make it possible to carry out warranty service or replace the Goods by visiting the Buyer and does not imply the possibility of returning the cost of delivery of the Goods in cases where the Buyer has the right to a refund for the Goods, in accordance with the Consumer Protection Act N 2300-1 of the Russian Federation dated 07.02.1992
4.8. The Seller’s obligation to transfer the goods to the Buyer is considered fulfilled at the time of delivery of the Goods to the Recipient or receipt of the Goods by the Recipient at the post office or at a predetermined point of delivery of the Order (including at the pickup point).
4.9. On receipt of the Order from a transport company or postal service, the Recipient, after paying for the delivered Goods, is obliged to inspect the delivered Goods and open it in the presence of employees of the transport company or postal service, to check the Goods for compliance with the declared quantity, assortment and completeness of the Goods, as well as to check the integrity packaging. In the case of claims to the delivered Goods (shortage, enclosure of the Goods other than the items indicated in covering schedule, production defects, other claims), the Recipient draws up an Act on the identified deficiencies in the presence of employees of the transport company or postal service. If the Recipient has not made a claim in the above manner, the Seller shall be deemed fully and properly to have fulfilled his obligation to transfer the Goods.
4.10. In the event of a delivered by a transport company or postal service return of the Goods in connection with the presence of claims to the Goods, the Recipient must attach the following documents to the Shipment containing the returned Goods: application for a refund; copy of the Act on the identified deficiencies; copy of receipt of payment; cope of covering schedule; return form, defect fixing photo, expert opinion (if held).
5. PAYMENT FOR GOODS
5.1. The price of the Goods sold in the Online-Store is indicated in Russian rubles. Payment is made to the accounts indicated by the Seller.
5.2. Prices for the Goods are determined by the Seller in a unilateral indisputable manner and are indicated on the pages of the Online Store at the Internet address: nudestory.ru. In case of incorrect indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about this to confirm the Order at the corrected price or to cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled. If the Order has been paid, the Seller shall return to the Buyer the amount paid for the Order in the same way it was paid.
5.3. The Seller is entitled to make unilateral changes to the Product price. In this case, the price of the Goods ordered by the Buyer is not subject to change. The offer to conclude a contract for a specific product is valid for the duration of the Goods on the Seller’s Website, subject to the availability of the Goods in the Seller’s warehouse.
5.3.1. Payment for the Product may be effected in the following ways:
· Online payment on the Website;
· Payments in cash or non-cash payments upon receipt at the store
5.3.2. For details on payment methods visit “Payment” and “Delivery” sections.
5.4. Features of payment for goods via bank cards:
5.4.1. In accordance with the regulation of the Central Bank of the Russian Federation “On the emission of bank cards and on transactions performed using payment cards” dated December 24, 2004, No. 266-P, bank card operations are performed by the card holder or by an authorized person.
5.6. Bank card transactions are authorized by the bank. If the bank has reason to believe that the operation is fraudulent, the bank has the right to refuse to carry out the operation. Bank card fraudulent transactions are subject to Article 159 of the Criminal Code of the Russian Federation.
5.7. In order to avoid cases of various unlawful uses of bank cards when paying, all Orders placed on the Website and prepaid with a bank card are checked by the Seller.
5.8. The Seller has the right to provide discounts on the Goods and establish a bonus program. The types of discounts, bonuses, the procedure and conditions for charging of bonuses are determined by the Seller independently and are indicated on the Website.
5.9. In the event that the recalculated value of the Seller’s Goods includes pennies after applying the discount/bonus, such price of the Goods shall be rounded down to a multiple of 1 (one) ruble.
5.10. When carrying out marketing initiatives involving the enclosure of any objects in shipments with the Buyer's Order, the delivery of these enclosures is carried out at the expense of the Buyer. In order to refuse an enclosure, the Buyer should contact the Seller through the Contacts section.
5.11. The Seller has the right to decide on the blocking of the payment method “Upon receipt” for the Buyer, in relation to the Goods sold by the Seller in the following cases:
- if the Buyer committed or was suspected by the Seller of committing unlawful actions aimed at causing losses to the Company (theft, robbery, fraud, deliberately damaging property, etc.);
- if the Buyer behaved incorrectly, according to the Seller, when communicating with a call-center operator, sales representative, other employees of the Company and/or committed intentional actions in relation to employees of the company (causing harm to health of various severity, disorderly conduct, insults, threats, restriction of freedom and etc.).
In this case, if it was found that the Buyer, in respect of whom the payment conditions were established “When ordering”, uses a different account to order goods on different payment terms (“Upon receipt”), conditions can also be established for such an account Payment "When ordering".
These provisions should not be considered discriminatory and are not aimed at suppressing the rights guaranteed by the legislation of the Russian Federation to consumers, but are aimed at reducing losses from the actions of Buyers.
5.12. The Seller has the right to limit the payment methods available to the Buyer depending on the volume of previous orders.
6. RETURN AND EXCHANGE TERMS AND CONDITIONS
6.1.1. Return of Goods sold by the Seller is carried out in accordance with the following conditions of return.
6.1.2. Exchange of the Goods, in the event that it did not fit the Buyer in shape, design, color, size or configuration is possible on the exchange date – 14 days, not counting the day of purchase.
6.1.3. The return or exchange of goods is possible when: its presentation (packaging, seals, labels), consumer properties are kept, the completeness of the goods is kept, and a document confirming the fact and conditions of purchase of the specified goods (sale or cash receipt).
6.2. RETURN OF PROPER QUALITY GOODS
6.2.1. The Buyer has the right to refuse the ordered Goods at any time before its receipt, and after receiving the Goods — within 14 (fourteen) days in a retail store, and 7 (seven) days (online store), not counting the day of purchase, with the exception of the Goods made to order, on a creative task approved by the User, the Buyer. Return of Goods of good quality is possible if its presentation, consumer properties are kept.
6.2.2. If the Buyer refuses the Goods, the Seller shall return the cost of the returned Goods, with the exception of the Seller's expenses related to the delivery of the returned goods by the User, the Buyer, within 10 days from the date of receipt of the returned Goods to the Seller’s warehouse, together with the buyer's application for a refund.
6.2.3. To arrange the return of the Goods of proper quality (including due to their exchange), the Customer undertakes to pack the Goods carefully (with all components and a full set of accessories specified in the technical documentation for the Goods) and attach the following documents:
· a return form;
· a copy of the passport (or other identification document);
· a copy of the payment receipt.
6.3. RETURN OF INADEQUATE QUALITY GOODS:
6.3.1. Under the product of inadequate quality means a product that is defective and cannot ensure the performance of its functional qualities, does not meet the requirements specified in the creative task (when custom manufacturing). The resulting Product must comply with the description on the Website. The difference between the design or decoration elements from the description stated on the Website is not a sign of inadequate quality.
6.3.2. The appearance and completeness of the Goods, as well as the completeness of the entire Order, must be checked by the Recipient at the time of delivery of the Goods.
6.3.3. Upon delivery of the Goods, the Buyer puts his signature on the delivery receipt in the box: “Order received, full completeness. I have no claims for the quality and appearance of the Product”, or in another similar document issued by the Seller, in the box providing for the Buyer to put a mark on the absence of his claims to completeness, quantity and quality of the Goods. After receipt of the Order, no claims for any external defects of the Product, its quantity, completeness and marketable condition shall be accepted.
6.3.4. If the Goods of inadequate quality were transferred to the Buyer and otherwise was not agreed upon in advance by the Seller, the Buyer is entitled to use the provision of Art. 18 “Consumer rights in case of defects in a product” of Russian Federal Law № 2300–1 the Consumer Protection Act dated 07.02.1992.
6.3.5. Under Art. 22 Russian Federal Law № 2300–1 «On Protection of Consumers' Rights», the amount paid by the Buyer for Goods of inadequate quality should be returned within 10 (ten) calendar days since the relevant claim has been filed.
6.3.6. The money shall be refunded to the Buyer’s bank card that was used to pay for the Goods.
6.4. RETURN METHODS:
6.4.1. Transport company, or postal service, or in person at pickup points, at the discretion of the Buyer. The buyer sends the returned Goods in a parcel with declared value, without cash on delivery. Parcels sent by cash on delivery are not accepted for return. A completed return form must be enclosed in the parcel. The Goods can also be returned by bringing it to the pickup point indicated in the "Pickup" section of the Website. In this case, the Buyer should independently return the Goods to the pickup points and fill out an application in the presence of the pickup point employee (an application form is provided to the Buyer at the pickup point).
7.1. The Seller is not responsible for damage caused to the Buyer due to improper use of the Goods purchased in the Online-store.
7.2. The Seller is not responsible for the accuracy and correctness of the information provided by the User when registering on the Website and/or Ordering.
8. PRIVACY AND PERSONAL DATA PROTECTION POLICY
8.1. The User/Buyer personal data is processed in accordance with the Law of Russian Federation, No 152-FZ “About Protection of Personal Data”.
8.2. During the Website registration the Buyer shall provide the Seller with the following data: First Name, Surname, Patronymic name, email address, phone number, date of birth, sex and the Product delivery address with postcode.
8.3. By submitting their personal data to the Seller, the Website Visitor/User/Buyer agrees to the processing of his data by the Seller. The Seller has a right to use this information to fulfill his obligations towards the Website Visitor/User/Buyer within the framework of this Public Offer. The Seller has the right to use the information in order to promote goods and services, conduct electronic and sms-surveys, monitor the results of marketing campaigns, customer support, organize the delivery of Goods to Buyers, conduct prize draws among Website Visitors/Users/Buyers, and control the satisfaction of the Website Visitor/User/Buyer, as well as the quality of services provided by the Seller.
8.4. Personal data processing is any action (operation) or a set of actions (operations) performed with personal data using automation tools or without using automation tools, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (including transfer to third parties, not excluding cross-border transfer, if the need arose during the performance of obligations), depersonalization, blocking, deletion, destroyed of the Personal Data.
8.5. The Seller has the right to send informational, including advertising messages, to the User’s/ Buyer's e-mail and mobile phone with his consent, expressed through his actions, uniquely identifying this subscriber and allowing him to reliably establish his will to receive the message. The User/Buyer has the right to refuse to receive advertising and other information without explaining the reasons by informing the Seller about his refusal by phone, or by sending an application to the Seller’s email address.
8.7. The Seller receives information about the IP address of the visitor to the Website. This information is not used to identify the visitor.
8.8. The Seller is not responsible for the information provided by the User/Buyer on the Website in a public form.
8.9. The Seller has the right to record telephone conversations with the User/Buyer. In this case, the Seller undertakes: to prevent attempts of unauthorized access to information obtained during telephone conversations, and/or transfer it to third parties not directly related to the Order fulfilment, in accordance with paragraph 4 of Art. 16 of the Federal Law “On Information, Information Technologies and Information Protection”.
8.10. The Buyer agrees and permits the Operator and the Operator’s counterparties to process the Buyer's personal data using automated database management systems, as well as other software tools specially developed on behalf of the Operator.
8.11. The Buyer has the right to request from the Operator full information about his personal data, their processing and use, as well as demand the exclusion or correction/addition of incorrect or incomplete personal data.
8.12. The Consumer may refuse to receive email notifications, advertising and other information without explanation.
9. DURATION OF THE PUBLIC OFFER
9.1. This Public Offer comes into force from the moment of its acceptance by the Website Visitor/Buyer, and is valid until the withdrawal of the acceptance of the Public Offer.
10. ADDITIONAL TERMS
10.1. The Seller is entitled to assign or in any other way transfer his rights and obligations arising from his relationship with the Buyer to third parties.
10.2. The online store and the services provided may be temporarily partially or completely unavailable due to preventive or other work or for any other technical reasons.
10.3. The relations between the User/Buyer and the Seller are subject to the provisions of legislation of the Russian Federation.
10.4. In case of questions and complaints from the User/Buyer, he/she can contact the Seller by phone or in any other accessible way. The parties will try to resolve all disputes arising through negotiations, if the agreement is not reached, the dispute will be referred to the judicial authority in accordance with the current legislation of the Russian Federation.
10.5. The recognition by the court of the invalidity of any provision of this Public Offer does not entail the invalidity of the remaining provisions.