Public offer (Agreement) of the «RackNeve» online store for the sale of goods.
This text is an agreement between the IP Dontsov I.D. online store located on the Internet at http://rackneve.com, hereinafter referred to as the "Seller", and the user of the online store services, hereinafter referred to as the "Buyer", and determines the conditions for the purchase of goods through the online store rackneve.com.
1. General provisions
1.1. 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) and contains all the essential conditions for organizing the sale by remote means, i.e. through the online store rackneve.com. Seller reserves the right to amend this Agreement.
1.2. Acceptance of this offer (contract) - the Buyer's placing an order for the Goods in accordance with the terms of this offer.
2. Terms and Definitions.
2.1. «Goods» - an object of agreement between the parties, products in the range presented in the online store.
2.2. «Catalog» - information about products posted in an online store on rackneve.com.
2.3. «Order» - an application for the purchase of goods containing the name, assortment, quantity of the goods selected by the Buyer, executed in the online store.
2.4. «Agreement» - the conditions for the sale of goods set forth in this agreement and accepted by the Buyer.
2.5. «Online Store» - the Seller’s website intended for concluding contracts of retail sale by remote means, in accordance with Art. 497 of the Civil Code of the Russian Federation (based on the Buyer's familiarization with the Seller’s description of the Goods contained in the Catalog and presented in photographs via the Internet, which excludes the possibility of the Buyer's direct acquaintance with the Goods).
2.6. «Buye» - any natural or legal person capable of accepting and paying for the goods ordered by him in the manner and on the terms established by this Agreement, in the territory of the Russian Federation.
2.7. «Seller» - IP Dontsov I.D. (legal address - 143965, Moscow Region, Reutov, Yubileiny pr-t, 14-132, TIN 622811002964 OGRN 307623424800067)
3. Subject of the contract
The seller undertakes to transfer the goods to the Buyer, and the Buyer undertakes to accept and pay for the goods under the terms of this agreement.
4. Registration on the website
4.1. The buyer’s order can be placed in the following ways: placed by the buyer in the online store or received by phone
4.2. Order placement is allowed for registered customers only.
4.3. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer when registering and placing an order on their own.
4.4. A customer who has registered in the online store receives an individual identification by providing a username and password. The individual identification of the Buyer allows avoiding unauthorized actions of third parties on behalf of the Buyer and opens up access to additional services. The transfer of the login and password by the Buyer to third parties is prohibited.
4.5. The buyer is solely responsible for all possible negative consequences, in case of transfer of the username and password to third parties.
5.1. The buyer has the right to place an order for any product presented in the catalog of rackneve.com online store. An order can be placed by the Buyer in the following ways: by phone, by e-mail, or in the online store on the site.
5.2. Within one business day after the receipt of the order, the Seller confirms the acceptance of the order.
5.3. The Buyer is responsible for the correct completion of all points of the order form. In the event of errors or incomplete information in the fields “Name” and “Delivery address” and “Telephone”, the responsibility for the execution of the order is completely removed from the online store.
5.4. If there is no product in the warehouse, the manager of the online store informs the Buyer about this (by phone or by e-mail) and offers to replace the missing product with a similar one.
5.5. The characteristics of the goods given on the website of the online store are for informational purposes only and are not a “public offer” defined in clause 2 of Article 437 of the Civil Code of the Russian Federation. The appearance of the product, including color, may slightly differ from those shown in the photograph (light, flash, etc.). If the Buyer has questions regarding the properties and characteristics of the Goods, before placing the Order, the buyer should contact the Seller.
5.6. The Seller is not responsible for information found by the buyer anywhere outside the site (advertising, reviews, catalogs, etc.)
5.7. The price of the Goods indicated on the website may be changed by the Seller unilaterally until the store employees confirm the order. If the Order value changes, the Seller must inform the Buyer by e-mail, phone call, SMS message, etc. In this case, the Buyer has the right to refuse to purchase Goods in whole or in part. If the Seller does not receive consent from the Buyer, the Order is considered canceled.
6.Confidentiality and protection of personal information
6.1. When filling out the Application on the Site, the Buyer provides the following information: Surname, First name, email address, phone, delivery address.
6.2. The Buyer, leaving his contact details on the website during registration (last name, first name, contact phone number, e-mail address and delivery address), understands that the data entered by him is not personal data identifying the Buyer on the basis of clause 1 of article 8 of the Federal Law dated 07.27.2006 N 152-FZ as amended by Federal Law of 25.07.2011 N 261-FZ, is provided to the Seller voluntarily, and in an amount necessary and sufficient for the Seller to fulfill obligations to the Buyer, including for informing via e-mail messages and SMS about the status of the order and other significant communications.
6.3. The seller uses the information provided to fulfill his obligations to the Buyer in accordance with and based on Federal Law of July 27, 2006 No. 152-FZ as amended. Federal Law of 25.07.2011 N 261-FZ.
6.4. Seller agrees not to disclose information received from the Client. It is not considered a violation that the Seller provides information to agents and third parties acting on the basis of an agreement with the Seller to fulfill obligations to the Client.
6.5. Disclosure of information in accordance with reasonable and applicable requirements of the law is not considered a violation of obligations.
6.6. The Seller is not responsible for the information provided by the Buyer on the Site in a public form.
6.7. By accepting the terms of this agreement, the Buyer agrees to the processing of his personal data for purposes related to the execution of this agreement, in accordance with Federal Law of July 27, 2006 No. 152-FZ «On Personal Data».
7. Delivery, payment and acceptance of goods.
7.1. Delivery time of orders is from 7 days to 6 weeks, depending on the delivery method and region chosen by the Buyer. The seller is not responsible for changing the delivery time in the event of circumstances that he could neither foresee nor prevent.
Delivery is carried out: courier service, Russian Post.
Shipping cost depends on the composition of the order.
7.2. The consumer has the right to pay for the goods and their delivery by bank transfer. Payment by bank transfer is made according to the issued invoice within three banking days. After the funds have settled at the Seller’s account, the online store manager agrees with the Buyer on the delivery time. In the non-cash form of payment, the Buyer's obligation to pay the price of the goods is deemed fulfilled from the moment the relevant funds are credited to the settlement account indicated by the Seller. Payment is made in Russian rubles.
7.3. In case of cancellation of the paid Order, the prepayment amount is fully returned by the Seller to the Buyer according to the «Rules for the remote sale of goods».
7.4. Upon receipt of the parcel, the Buyer must carefully inspect its packaging for integrity and absence of external damage. If the integrity of the package is violated, dents or other damages are found, do not accept the parcel, require delivery workers to draw up an act of return and send the order to the return address, and then inform the online store operator about the situation.
8. Return Policy
8.1. Returns and exchanges of goods are carried out in accordance with the Decree of September 27, 2007 «On the approval of the rules for the sale of goods by remote means», as well as the «Law on the Protection of Consumer Rights».
8.2. Return good quality goods
8.2.1. The buyer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods - within 7 days. Return of good quality goods is possible if its presentation and consumer properties, packaging, seals and labels are preserved.
8.2.2 Goods of good quality from the List approved by the Decree of the Government of the Russian Federation of January 19, 1998 N 55 (see list) are not subject to return.
8.2.3. When returning goods of good quality, the Buyer will be refunded the cost of the goods. Shipping and return shipping costs to the Buyer are not compensated. In case of a partial return, the cost of delivery of the order to the Buyer is not refunded.
8.3. Return of goods of inadequate quality
8.3.1. Goods of inadequate quality means goods that are not able to provide their functional qualities due to a significant shortcoming. In a situation where the goods were transferred in violation of the terms of the contract regarding the quantity, assortment, quality, completeness, packaging and (or) packaging of the goods, claims are accepted no later than 20 days after receipt of the goods (According to the Rules for the sale of goods by remote means of September 27, 2007).
8.3.2. When returning goods of inadequate quality, the Seller refunds the cost of the goods, delivery and return shipping. With a partial refund, the cost of delivery of the order to the buyer is not refunded.
8.3.3. The presence of malfunctions in household, radio-electronic products, electronic toys, and radio and baby monitors is established only by authorized warranty services.
8.4. Refunds are made in accordance with the «Rules for the sale of goods by remote means».
8.5.Claims for the return of the sum of money paid for the goods shall be satisfied on the basis of the Buyer's application within 10 days from the date of the presentation of the corresponding demand, receipt of the return of the goods to the Seller’s warehouse. The demand for the return of funds or exchange of goods to the Buyer must be submitted in writing in free form. The only exception to this rule is the situation in which the seller immediately satisfies the claim declared by the Buyer.
9. Force Majeure
Any of the Parties shall be exempted from liability for full or partial failure to fulfill its obligations under this Agreement if this failure was caused by force majeure circumstances arising after the signing of this Agreement. «Force Majeure» means extraordinary events or circumstances that such a Party could not have foreseen or prevented by the means available to it. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, military operations, actions of Russian or foreign government bodies, as well as any other circumstances beyond the reasonable control of any of the Parties . Changes to the current legislation or regulations directly or indirectly affecting any of the Parties are not considered as Force Majeure circumstances, however, if such changes are made that do not allow either Party to fulfill any of its obligations under this Agreement, The Parties are obliged to immediately take a decision on the working procedure to eliminate this problem in order to ensure that the Parties continue to implement this Agreement.
10. Rights and obligations of the parties
1) Observe the terms of this contract
2) Transfer the paid goods to the Buyer in accordance with the order placed and the terms of this contract
The Seller reserves the right to default on obligations under the Agreement in case of force majeure circumstances specified in clause 9 of this Agreement.
3) Process the personal data of the Buyer and ensure their confidentiality in the manner prescribed by applicable law.
Seller has the right
1) Modify this Agreement, Product Prices and Tariffs for related services, methods and terms of payment and delivery of goods unilaterally, placing them on the pages of the online store located at the Internet address: http://rackneve.com. All changes take effect immediately after publication, and are considered communicated to the Buyer from the moment of such publication.
2) Expand and reduce the product offer in the online store, regulate access to the purchase of any goods, as well as suspend or terminate the sale of any goods at their own discretion.
3) Record telephone conversations with the Buyer. In accordance with paragraph 4 of Art. 16 of the Federal Law «On Information, Information Technologies and the Protection of Information», the Seller undertakes to: prevent attempts of unauthorized access to information and / or transfer it to persons not directly related to the execution of Orders; timely detect and suppress such facts.
4) Without agreement with the Buyer, transfer your rights and obligations to fulfill the Agreement to third parties.
5) Before delivery of the goods ordered by the Customer, the Seller has the right to demand 100% prepayment of the ordered goods from the Customer. The seller has the right to refuse the delivery of goods to the Client in the absence of such payment.
6) The seller has the right to set the Buyer restrictions on the reservation of the Goods.
7) The seller reserves the right to change minor design elements of the product that do not lead to a deterioration in the performance of the product.
8) Use «cookies». Cookies do not contain confidential information and are not transferred to third parties.
9) Receive information about the ip - address of the site visitor rackneve.com. This information is not used to identify the visitor and is not subject to transfer to third parties.
10) The seller has the right to send to the Buyer messages of an advertising and informational nature via e-mail and sms-mailings with information about discounts, promotions, new arrivals, etc. The frequency of mailings is determined by the Seller independently, unilaterally.
1) Prior to concluding the Agreement, familiarize yourself with the contents and terms of the Agreement, the prices of the Goods offered by the Seller in the online store.
2) Inform the Seller of all the necessary data that uniquely identifies him as a buyer, and sufficient to deliver the Goods paid by him to the Buyer.
3) Pay for the ordered Goods and their delivery on the terms of this contract.
4) At the time of receipt of the Goods, carefully examine it in the presence of the courier and make sure that the goods are fully consistent with the ordered (model, color, equipment, quantity) and there are no mechanical or other external damages to the goods.
Buyer has the right
1) To refuse to receive e-mail and sms-mailings, for this he needs to go to the «Subscriptions» page in his personal account.
2) To carry out the return of the goods received in accordance with paragraph 8 of this agreement.
3) Choose a convenient delivery method and method of payment for the goods.
11. Responsibility of the Parties
11.1. The seller is not responsible, cannot act as a defendant in court and does not compensate for losses incurred by the Buyer due to actions or omissions of third parties.
11.2. In the event of force majeure, documented by the relevant authorities, the parties are exempt from liability for failure to fulfill this agreement.
11.3. The parties shall make every effort to resolve the differences arising solely through negotiations. Otherwise, disputes are resolved in court, in accordance with the legislation of the Russian Federation.
12. Duration of this contract.
This agreement comes into force from the date of placing the order and is valid until the Parties fulfill all the conditions.
13. Offer revocation
The withdrawal of the offer (Agreement) may be carried out by the Seller at any time, but this is not a basis for canceling the obligations of the Seller under already concluded agreements. The seller undertakes to place a notice of withdrawal of the offer in its online store, indicating the exact time (4th time zone (Moscow)) of the withdrawal of the offer, at least 12 hours before the occurrence of the event of withdrawal (suspension) of the Offer.