on conclusion of a retail sale contract on the Internet
Approved by ООО Trifolium on
July 1, 2016
Published on July 11, 2016
OOO Trifolium registered in accordance with Russia’s legislation and located at 25 Nikolskaya Street, 109012, Moscow, OGRNIP 001147746188853 as of March 23, 2016, settlement account 40702810520150000367 in PAO TKB BANK Moscow, BIC 044525388 (hereinafter the Seller), hereby offers conclusion of a remote retail sale contract for Alena Akhmadullina Web Store at www.alenaakhmadullina.ru (hereinafter the Contract), on the conditions listed below.
This document, in accordance with Cl. 2, Art. 437 of the Civil Code of the Russian Federation, has the status of a written public offer addressed to legally capable physical persons (hereinafter the Offer).
The Contract shall be considered concluded since the moment the Offer has been accepted by following the actions foreseen by the Offer to imply all the Contract conditions with no exclusions or limitations whatsoever have been accepted by you (the Buyer). The Contract conditions are listed below.
Key terms used in the Contract.
For the purposes of this Contract, the terms below have their meanings as follows:
The Buyer is a legally capable physical person placing orders and purchasing the Merchandise from the Seller through Alena Akhmadullina Web Store for his/her personal, family, domestic, and other needs not related to undertaking business activities.
The Website is the Internet site at http://www.alenaakhmadullina.ru, the Seller owning rights for its usage (administering) and Alena Akhmadullina Web Store being located there.
Alena Akhmadullina Web Store or Web Store is an Internet service located on the Website and allowing Buyers to purchase the Merchandise on the conditions of this Offer.
The Merchandise is an item of apparel, accessory, or other thing of value presented for sale on the Website.
The Order is a form properly filled by the Buyer and directed to the Seller through the Website, containing information on the Merchandise being purchased and the selected methods of delivery and payment for the Merchandise.
Preliminary Order or Pre-Order is an Order placed by the Buyer for the Merchandise that has not been made available for sale by the moment of the Order placement.
1.1. The sale of a Merchandise to the Buyer by the Seller is regulated by effective laws of Russia, including the Civil Code of the Russian Federation, Federal Law dated February 7, 1992 No. 2300-1 “On Consumer Rights Protection”, and the Decree of the Government of the Russian Federation dated September 27, 2007 No. 612 “On Approval of Rules for Remote Merchandise Sale”,
Decree of the Government of the Russian Federation dated January 19, 1998 No. 55 “On Approval of Rules for Sales of Certain Merchandise Types; of the List of Durable Merchandises not Covered by the Buyer’s Request to Provide Him, Free of Charge, a Similar Merchandise for the Time of Repairs or as a Replacement; and of the List of Non-Food Merchandises that May not Be Returned or Exchanged to Similar Merchandise of a Different Size, Shape, Dimension, Model, Colour, or Version”.
1.2. Any amendments (additions) may be made to this Offer by the Seller unilaterally. The Buyers shall be notified of such amendments (additions) to this Offer by necessary updating of the Offer version on the Website. Any amendments (additions) made to this Offer by the Seller shall come into effect and become binding for all Buyers since the moment of the new Offer version publishing on the Website. Should the Buyer disagree with the Offer amendments, he is entitled to refuse the Contract unilaterally. Any appendices, amendments and additions to this Offer are its constituent and integral part.
1.3. By using the Website, the Buyer necessarily, fully and unconditionally agrees with this Offer; otherwise, the Buyer shall not be enabled to place Orders for the Merchandise.
1.4. The Buyer agrees that his/her personal data (as set forth in Section 11 hereof) and information on the Order or Orders shall be transferred to and processed by the Seller; the Buyer also agrees to meet the Conditions of the Merchandise sale by filling required fields when placing an Order on the Website. The Buyer hereby agrees and entitles the Seller to transfer his/her personal data to the delivery companies the Buyer selects in the Order, and to have this data processed by the same companies.
2. Information on the Merchandise
2.1. The information on the Merchandise is placed on the Website and presented by OOO Trifolium.
2.2. All the Merchandise to be distributed shall be duly commercialized and not breach any rights of third parties.
2.3. The Seller is the owner of rights for any text information and graphic, photo and video images of the Merchandise offered on the Website. The Buyer is not entitled to use the above-mentioned objects without a written consent of the Seller.
2.4. Information materials for the Merchandise presented on the Website shall be for reference only and may not be perceived as a guarantee that the Merchandise has the qualities and attributes described in the said materials. To check any information on the Merchandise, the Buyer may contact the Seller in Moscow at +7 495 638 6358.
3. Contract Conclusion.
3.1. Using the Website, the Buyer thereby concludes the Contract (accepts this Offer) on the conditions hereof. Using the Website, the Buyer thereby confirms he/she is aware of the conditions of this Offer and other agreements placed on the Website to regulate the interactions of the Parties.
3.2. The Buyer can place an order through a phone operator at the number stated in Cl. 2.4 or using the One Click Shopping quick purchase function.
3.3. When placing an order:
• The Buyer confirms and guarantees he/she is aware of the conditions of this Offer and other agreements placed on the Website to regulate the interactions of the Parties.
• The Buyer shall be responsible for the authenticity of the information provided to the Seller.
3.4. The Seller reserves the right to remove the Buyer’s account on the Website or restrict the Buyer’s access to the Website, unilaterally and with no reason given.
4. Order Placement.
4.1. Order can be placed in two different ways, through the Website or through an operator. Order placement through an operator shall be deemed Website usage and done on the conditions of this Offer.
4.2. The Buyer places Orders through the Website unassisted, by adding the Merchandise to be purchased, to the Cart. When placing an Order, the Buyer shall fill all required fields of the form.
4.2.1. Orders can be placed through the Website using the One Click Shopping quick purchase function.
4.2.2. The data transferred by the Buyer include, but are not limited to the following fields: first and last names of the Buyer or another person receiving the Order in the Buyerʼs name; method and address of the Order delivery (to include the name of locality within the Russian Federation and postcode); method of payment; and the Buyer’s contact telephone number.
4.2.3. To complete the Order, the Buyer shall submit the filled Order to the Seller by clicking the corresponding button in the Order form.
4.3. Orders can be placed through an operator using the telephone number +7 495 698-63-58. To place an Order, the Buyer shall provide the operator with the following information:
• product code, size, and colour of the Merchandise chosen,
• first and last names of the Buyer or another person receiving the Order in the Buyerʼs name,
• method and address of the Order delivery (to include the name of locality within the Russian Federation and postcode),
• method of payment,
• Buyer’s contact telephone number,
• email address (optionally).
4.4. The Buyer is entitled to state a person he/she authorises to receive the Order on the Buyer’s behalf. In such case, this third person shall be deemed to have directly received a power of attorney for representation of the Buyer’s interests in accordance with Cl. 1, Art. 185 of the Civil Code of the Russian Federation. In case the Order is pre-paid as set forth in Cl. 6.3.3 and 6.3.4 hereof, the Seller is entitled to request a copy of the payment document for the Merchandise to be purchased.
5. Order Acceptance by the Seller.
5.1. An Order is deemed accepted by the Seller after the Buyer receives an email at the stated address confirming the fact the Order has been accepted, or after the Buyer receives an acceptance telephone call from an operator. The Order shall be fulfilled by the Seller within the term set forth in Section 7 of this Offer, provided the Buyer fulfills his/her obligations on the Merchandise payment. The Seller must commence Order fulfillment before it is paid, in case the Merchandise is paid under Cl. 6.3.1 or 6.3.2 hereof.
In case the Order is placed through an operator, the Order shall be deemed accepted from the moment the operator confirms the Order and states its number — or, if the Buyer provides an email address, from the moment the Seller sends an Order confirmation by email to this address.
5.2. Upon the Order receipt, the Seller must telephone the Buyer to confirm the Order. The Seller reserves the right to withdraw the Buyer’s request on the telephone confirmation stage.
6. Payment Terms.
6.1. The Merchandise price is presented on the Website right next to the Merchandise itself. The price of the Merchandise is stated in rubles and is payable in rubles in any of the methods stated in Cl. 6.3 of this Offer. The Merchandise price includes taxes required by the effective laws of the Russian Federation.
6.2. The Seller is entitled to change the Merchandise price, unilaterally and without prior notice. However, the Seller is not entitled to change the price of the Merchandise in the Buyer’s Order after the Order has been accepted by the Seller according to the procedure set forth in Cl. 5 hereof.
6.3. The Merchandise may be paid using one of the methods set forth below, at the Buyer’s discretion:
6.3.1. In cash at the moment of the Merchandise delivery by the delivery company. If the Buyer pays in cash, a till slip is issued to him/her.
6.3.2. By a bank card at the moment of the Merchandise delivery by the delivery company in Moscow. The following cards are accepted: Visa, Visa Electron, MasterCard, American Express. This method of payment shall only be only available if the Buyer warns the Seller beforehand. The payment is made via a POS terminal to the Web Store delivery person. POS terminal payment makes unauthorized use of the Buyer’s card completely impossible. If the Buyer pays with a bank card, a card slip and till slip is issued to him/her. No additional commission shall be charged in case of bank card payment.
6.3.3. By bank transfer to the Seller’s settlement account.
6.3.4. By a legal entity, via wire transfer. To pay the Order on behalf of a legal entity, the payer’s details must be emailed to email@example.com. The Seller will then issue an invoice for the said details.
6.4. Any cashless payments must be fulfilled on the conditions of 100% prepayment. The moment of the money entering the Seller’s settlement account shall be deemed the moment of payment.
6.5. In accordance with the IPS rules, for the purposes of the card owner authentication and verification of his/her right to use the card, when paying for the Order with a card, the Buyer agrees, upon the Seller’s request, to provide a copy of two pages (spread) of the card owner’s passport featuring the photo, as well as a copy of both sides of the card (the number covered, apart from the four last digits). In case the Merchandise is delivered by a delivery company, the passport may be presented to the delivery person as an identification proof, when receiving the Merchandise.
6.6. The Seller reserves the right to withdraw the Order after it is paid with a bank card, particularly in case the Buyer fails to provide the documents required by Cl. 6.5. (by fax or email, as scanned copies) or in case the provided documents give rise to doubt about their authenticity, within 14 days from the Order placement date. The Order price then returns to the card previously used for payment.
7. Order Fulfillment and Delivery
7.1. The Seller delivers the Merchandise only within the Russian Federation.
All Merchandise within one Order shall be delivered at the same time. At the Buyer’s request, Merchandise from several Orders may be joined into one dispatch and delivered at the same time. Delivery term in this case shall start from the moment of placement of the last Order of the Orders to be joined.
The moment of the ownership rights transfer to the Buyer is the moment of the Merchandise transfer confirmed by the shipping documentation, upon full payment of the Merchandise. When receiving the Merchandise, the Buyer must carefully check the package and the Merchandise itself for defects. If any defects are found in the package or the Merchandise, the Buyer must notify the delivery company representative immediately. By receiving the Merchandise and signing the shipping documentation without complaints, the Buyer thereby confirms the Merchandise has no defects.
The Merchandise may not be transferred to the Buyer before full payment.
7.2. Delivery in Moscow is fulfilled by the Sellerʼs delivery service within one or two (1 or 2) workdays after the Seller receives the Order.
If, upon delivery, the Buyer refuses to purchase all the delivered Merchandise, he/she must refund 350 rubles to the Seller to compensate for the delivery.
Orders worth 10,000 rubles and more are delivered to Moscow free of charge.
Delivery to the Moscow Region is fee-based, depends on the zone and must be pre-agreed with the Web Store manager.
Delivery to the Moscow Region settlements, villages, and hamlets is charged 1.5 times more. Please consult the operator for the exact sum.
7.4. Delivery to other cities and regions of Russia is fulfilled by delivery company Top Delivery, subject to its tariffs.
7.5. The Seller shall not be deemed responsible for possible delivery delays caused by unexpected and unforeseeable circumstances through not fault of the Seller. If the Merchandise is delivered by a delivery service, the exact delivery time shall be agreed directly with the delivery service representative. In case the Seller and/or the delivery service representatives fail to contact the Buyer for three (3) days at the addresses or telephone numbers he/she provides, the Order may be withdrawn and returned to the Seller.
7.6. Merchandise Try-On.
If the Merchandise is delivered by a delivery service in Moscow and the Moscow Region, the Buyer is entitled to try the Merchandise on, on the conditions set forth below.
7.6.1. The Buyer must warn the Seller through the Seller’s operator about the try-on. The Merchandise may not be delivered for the try-on if such delivery is not confirmed by telephone through the operator. In a try-on delivery, the number of Merchandise must not exceed 10.
7.6.2. When confirming the Order by telephone, the Buyer may state the desired sizes of the Merchandise to be delivered.
7.6.3. Before trying on the Merchandise, the Buyer must carefully check the package and the Merchandise itself for defects. If any defects are found in the package or the Merchandise, the Buyer must notify the delivery company representative immediately. The try-on may be fulfilled by the Buyer only in spaces allowing the presence of the delivery person. Try-on of the Merchandise in spaces out of sight of the delivery person, including, but not limited to, access controlled offices and locked rooms, shall be only allowed upon full advance payment.
7.6.4. The delivery person may only stay with the Buyer for 30 minutes.
7.6.5. If the Buyer refuses to buy any of the Merchandises delivered for try-on, he/she must refund 350 rubles to the delivery service to compensate for the delivery.
7.6.6. In case the Buyer damages the Merchandise during the try-on (including, without limitation, tears, loose stitches, smears, and other damage), the damaged Merchandise must be fully paid.
8. Rejection of Merchandise. Return of Proper Quality Merchandise.
8.1. The Order placed in Alena Akhmadullina Web Store may be withdrawn at any moment before payment and delivery. To withdraw the Order, the Buyer must notify the Seller via the Moscow telephone number +7 495 698 6358 on a workday, between 11:00 AM and 8:00 PM Moscow time, or via email address firstname.lastname@example.org.
8.2. In accordance to Art. 26.1 of the Law “On Consumer Rights Protection”, and Cl. 21 of the Decree of the Government of the Russian Federation dated September 27, 2007 “On Approval of Rules for Remote Merchandise Sale”, the Buyer is entitled to reject the Merchandise at any time before its transfer and within 14 days after its transfer.
exchange a proper quality non-food merchandise to a similar merchandise from the seller the merchandise was purchased from, if the said merchandise fails to satisfy with its shape, dimension, model, colour, size, or version. The list of proper quality goods that may not be thus exchanged has been approved by the Decree of the Government of the Russian Federation dated January 19, 1998 No. 55, stating the following proper quality goods, among others, may not be returned or exchanged:
• hygiene products (combs, hairpins, headbands, hair rollers, wigs, hair extensions and similar goods),
• perfumes and cosmetics,
• underwear and legwear (textile and knit garments, hosiery),
• ware of previous metals, with precious stones, of precious metals with inserts of semi-precious and synthetic stones, cut precious stones,
• other goods approved by the said Decree.
According to Cl. 12 of the Decree dated June 15, 1994 No. 684 on approval of the Rules for sale of ware made of precious metals and precious stones in accordance with the Law of the Russian Federation “On Consumer Rights Protection”, ware made of precious metals and precious stones may not be returned or exchanged, unless it is found to have defects unexplained by the seller (loose stone setting, loose earring lock, loose hinge joint in a bracelet, crack, chip, scratch, burr, etc.) or any difference between the platemark impression of the Russian Federation state assay office and the actual standard of the jewellery alloy, or between the label or quality certificate details and real item characteristics.
8.4. Proper quality Merchandise may be returned with no reason stated, provided the Merchandise was never used, retains marketable appearance (package, stamps, labels) and consumer performance as well as the document confirming the fact and the conditions of its purchase (till slip or invoice). No goods purchased from other companies may be accepted as returned.
8.5. To return the Merchandise, the Buyer must do all of the following:
Carefully pack the Merchandise (with all of its components and full set of accessories); fill in two copies of a proper quality merchandise return request.
The request must state:
1. Buyer’s names,
2. Passport details.
If the Merchandise to be returned was paid for by card, the request must state details of the card used for the payment.
1. Attach the original or copy of the till slip issued by the delivery person or of the postal receipt to confirm the payment for the delivery of the Merchandise to be returned.
2. To have money returned, the Buyer must state passport details or attach a copy of an ID (in accordance with the regulations of the Bank of Russia dated October 12, 2011 No. 373-P “Regulations on the Order of Cash Transactions with Banknotes and Coins of the Bank of Russia on the Territory of the Russian Federation”).
8.6. The Merchandise delivered in Moscow must be returned by the Buyer to the Seller at his/her own discretion to 25 Nikolskaya Street, on workdays, 11:00 AM to 8:00 PM. The Merchandise delivered to other regions of Russia may be returned by the Buyer at his/her own discretion, through any delivery companies with obligatory filling in a return request as present on the Website.
The returns are fulfilled at the Buyer’s expense. The Merchandise to be returned may not be sent as a cash-on-delivery consignment. The Buyer independently bears all the risks related to not following the procedure of the Merchandise return.
8.7. Upon proper quality Merchandise return, the price thereof shall be returned to the Buyer. The cost of the Merchandise delivery and reverse shipment may not be compensated to the Buyer.
9. Complaints concerning Substandard Quality Merchandise or Absence of Merchandise in the Delivery.
9.1. Substandard quality Merchandise is defected, dysfunctional Merchandise. Design elements or décor or colour hue difference between the actual Merchandise and the description presented on the Website may not be deemed a defect or a dysfunctionality.
9.2. To return or replace substandard quality Merchandise, the Buyer must:
• Carefully pack the Merchandise for return (with all of its components and full set of accessories),
• Fill in two copies of a substandard quality merchandise return request.
In case of the Merchandise return, the request must state payment details for money return.
1. Buyer’s name,
2. Name of the receiving bank,
3. BIC of the receiving bank,
4. Correspondent account,
5. Settlement account.
If the Merchandise to be returned was paid for by card, the request must state details of the card used for the payment.
Attach the original or copy of the till slip issued by the delivery person and the card slip.
To have money returned, the buyer must state passport details or attach a copy of an ID (in accordance with the regulations of the Bank of Russia dated October 12, 2011 No. 373-P “Regulations on the Order of Cash Transactions with Banknotes and Coins of the Bank of Russia on the Territory of the Russian Federation”).
10.1. In case the delivered Merchandise appears substandard due to defects in workmanship, the Buyer is entitled to either return it or exchange it to a similar proper quality Merchandise, provided it is available, or request free-of-charge removal of defects. If similar proper quality Merchandise is not available, the Buyer may return improper quality Merchandise or wait for the necessary Merchandise to become available.
10.2. Refund requests for the sum paid for the Merchandise shall be satisfied within 10 days after the Seller receives such request (see Art. 22 of the Law of the Russian Federation “On Consumer Rights Protection”). That said, in case of a return, the Buyer shall have the price of the Merchandise refunded within 10 days, and in case of substandard quality Merchandise return, the Buyer shall have both the price of the Merchandise and the cost of delivery refunded. The term of crediting to the Buyer’s account depends on the terms set forth by internal regulations of the banks involved.
10.3. Should a dispute arise on the defect reasons or whether the Merchandise has been used or has retained marketability, an independent expert examination shall be undertaken. The Buyer is entitled to participate in the Merchandise quality examination and to challenge the expert report in a court of law. In case of the examination, any claims for return of the money paid for the Merchandise are to be satisfied within 20 days after the claim has been filed.
10.4. In case the Buyer rejects the Merchandise (returns the Merchandise) after it has been paid for and delivered, refund to the Buyer shall be fulfilled, depending on the payment method, in cash or to the bank card used for payment.
10.5. Return may only be fulfilled based on a written request stating names and refund details and only upon presenting an ID (passport or an equivalent identity document). Payment confirmation and corresponding documents provision is a sine qua non condition for money refund.
11. The Buyer’s Privacy and Personal Data Protection.
11.1. By placing an Order on the Website, the Buyer agrees to receive advertising and informational mailings from the Seller. The said mailings contain information on the future promotions and other events held by the Seller, including advertisements and special offers. The mailings arrive to the Buyer in the form of electronic messages to the address, or in the form of text messages (SMS) to the telephone number, stated during Order placement. Sales collateral may be provided as printed paper products or souvenir items added to the Orders or delivered to the stated postal address as letters or parcels.
The Buyer may select mailing parameters or opt out of it by stating so in the Notes section of the Order form or by notifying the operator thereof.
11.2. The Seller undertakes not to disclose the information received from the Buyer to third parties, excluding agents and third parties acting on the basis of a contract with the Seller and participating in fulfilling the Seller’s obligations to the Buyer.
11.3. The Seller may not be deemed responsible for the information publicly provided by the Buyer on the Website.
12.1. The Buyer may Pre-Order the Merchandise stated in the Pre-Order section of the Website, on the conditions stated below. The above provisions of the Offer shall be applied to this section to the extent they are not inconsistent with it.
12.2. The Seller may, but is not obliged to, offer the Pre-Order option. Pre-Order may be placed for the Merchandise presented by the manufacturer within seasonal collection shows. The Seller shall not be deemed responsible for non-fulfillment of its obligation to deliver the Merchandise on the Pre-Order terms if the Merchandise manufacturer should stop or not commence its batch production. In accordance with Cl. 1, Art. 157 of the Civil Code of the Russian Federation, the sale of the Merchandise on the Pre-Order terms is a conditional contract (suspense sale). The Pre-Order entitles the Buyer to a pre-emption right on the Merchandise (as compared to any buyers failing to place a Pre-Order) as soon as the Merchandise becomes available.
12.3. Version and other peculiarities of the Merchandise may be changed by the Manufacturer.
12.4. The term stated on the Website as the term of the Merchandise release is indicative and does not obligate the Seller to transfer the Pre-Ordered Merchandise to the Buyer by a certain day.
12.5. Pre-Order price for the Merchandise shall be determined after manufacture commencement. The Seller must notify the Buyer by email on the Merchandise manufacture commencement and state its price.
12.6. The Buyer undertakes to make an advance payment of 50% of the Merchandise price within 5 (five) workdays after the receipt of the Seller’s notification on the Merchandise manufacture commencement.
12.7. The Seller becomes obliged to deliver the Merchandise within ten (10) days after the Merchandise becomes available.
12.8. The Buyer is entitled to withdraw Pre-Order at any time. In case the Buyer has made the advance payment for the Merchandise but wants to withdraw it before it is delivered, the Buyer must notify the Seller accordingly by sending a pre-paid Merchandise refusal request to email@example.com. Money shall be returned to the method used for the advance payment.
13. Other conditions
13.1. Any interactions between the Buyer and the Seller shall be regulated by the laws of the Russian Federation.
13.2. Should the Buyer have any claims, he/she shall contact the operator through telephone or email stated in Cl. 13.5.
13.3. The parties shall try to settle any rising disputes by negotiations. In case the agreement is not reached by the parties, the dispute shall be settled by a court authority in accordance with the effective laws of the Russian Federation.
13.4. If the court recognises any provision of the Conditions hereof invalid, it shall not imply invalidity of the rest of the provisions.
13.5. Should you have any questions, please contact the operator by
• phone: in Moscow: +7 495 698 6358 on workdays (Mon–Fri) 11:00 AM to 8:00 PM
• or email: firstname.lastname@example.org
13.6. Any notifications must be sent using the methods stated herein. All notifications directed by email are legally binding provided they have been sent to the addresses stated in this Offer and the corresponding Order.