Public offer agreement
“Tarocco Studio”, hereinafter referred to as «The Seller», in order to enter into contracts for remote sales of goods to the public, publishes the present Customer Agreement terms (hereinafter referred to as the «Terms») on the following:
DEFINITION OF TERMS
Offer – the seller’s public offer to enter into a purchase-and-sale agreement (hereinafter referred to as the «Agreement») under existing conditions contained in this Agreement and incorporated addenda addressed to any legally capable physical person (a citizen).
Product – a garment, an accessory or other object of civil rights represented for sale on the Seller’s website.
Website – the Seller’s website, located on the Internet at https://tarocco-studio.com/. The Website is owned by the Seller.
Buyer – a legally capable physical person either intending to order/purchase or ordering/purchasing the Seller’s products for personal, family, home or other non commercial needs only.
Order – the Seller’s Website section filled in by the Buyer in compliance with the requirements specified by the present Terms in order to purchase the Product chosen by the Buyer.
Working day – any day except Saturday, Sunday and non-working holiday days indicated in Art.112 of the RF Labor Code.
I. GENERAL CONDITIONS
1.1.Under Art. 437 of the Civil Code of the Russian Federation (RF CC) this document is a public offer and if the conditions hereinafter set forth are accepted, an individual accepting the offer shall make payment for the Seller’s Product in accordance with the present Terms.
The Offer is deemed to be accepted when the Client makes an Order for a Product in accordance with the conditions of the Offer and sends it to the Seller.
The agreement formed by the Client accepting this Offer is deemed an adhesion contract to be joined by the Client invariably and/or without exception.
1.2.These Terms regulate relationships arising between the Seller and the Buyer in the process of remote sale of the Products represented on the Seller’s website and rendering of the consequent services to deliver the Products.
1.3.Based on the Buyer’s Order the Seller shall transfer the ownership of the Product to the Buyer, and the Buyer shall accept and pay for the Product within the time limits and on the conditions under the present Terms.
1.4.The assortment, characteristics and price of the Products are specified on the Seller’s website. For further information on the Product of interest the Buyer can contact the Seller by email@example.com.
1.5.The Buyer’s registration either on the Seller’s Website or by calling the Seller implies his full and unreserved consent to the Seller’s public offer, otherwise the Buyer should withdraw from buying Products on the Seller’s Website. At the time of the Order the Buyer accepts the Terms on a full and unqualified basis.
II. PRODUCT INFORMATION
2.1. The Seller hereby unconditionally represents and warrants that:
2.1.1. The Product is owned by the Seller, is free of any pledge, lien, encumbrance and/or restrictions;
2.1.2. The Product is duly marketed and does not violate third-party rights.
2.2. All the text information and visual images of the Products are owned by the Seller and/or his contractors. They may be used with the Seller’s written consent only.
2.3. The Product content featured on the Website is for reference only and cannot be interpreted to warrant the presence of the described properties and characteristics in the Product. For further information on the Product the Buyer should contact the Seller by firstname.lastname@example.org.
III. ORDER PROCEDURE
3.1. For ordering purposes the Buyer opens the page of the chosen Product located on the Seller’s website in a separate browser window, activates (clicks) the «Buy» link, browses to the «Basket» section of the website and activates (clicks) the «Checkout» link.
3.2. The «Checkout» form has fields for entering the Buyers’ surname, first name, the Product delivery address, the Buyers’ contact phone number and email address. All the fields of the form are mandatory for the Buyer.
3.3. Within 2 (two) working days after completing the Order the Buyer will receive at the indicated email address the Seller’s information on the Order’s characteristics specifying the Product’s name, quantity, price, delivery procedure and payment terms.
3.3.1. To confirm the Order the Seller shall make a phone call to the contact phone number provided by the Buyer (for Buyers within the Russian Federation).
3.3.2. For Buyers outside the Russian Federation the Order shall be considered confirmed after they have made their payment in compliance with the provisions of clause 4.7. of the Terms.
3.4. The Order will be considered accepted for the processing by the Seller if the requirements under clause 3.3. of the Terms are met.
IV. TERMS OF PAYMENT
4.1. The Product price is specified in the corresponding section of the Seller’s website.
4.2. The Product price is specified in Russian rubles including VAT and excluding the Product delivery price.
4.3. The Product delivery price is specified in section 5 of the Terms.
4.4. The Buyer shall pay the Product price and the Product delivery price all at the same time.
4.5. The Seller is entitled to make unilateral changes to the Product price, except for the Product price in the Orders already accepted from the Buyer.
4.6. Payment for the Product may be effected in the following ways:
4.6.1. Payments in cash at the moment the Product is actually delivered to the Buyer.
4.6.2. Payment by money transfer to the Seller’s operating account via a bank card. Bank cards accepted for payment: Visa, MasterCard.
126.96.36.199. When paying the order using a bank card the Buyer agrees that he will provide a copy of the bank card owner’s two passport pages at the Seller’s request — a double-page spread with a photo, as well as a both side copy of the bank card (the card’s number should be covered except for the last four digits) in accordance with International Payment Systems rules in order to verify the owner’s identity and his eligibility to use the card.
188.8.131.52. The bank card payment is due within 2 (two) working days since the date the Buyer’s Order have been accepted for processing.
4.7. Buyers located outside the Russian Federation shall make 100% pre-payment of the Order using PayPal electronic payment system or by money transfer to the Seller’s operating account via a bank card. Bank cards accepted for payment: Visa, MasterCard. The payment is due within 2 (two) working days since the date the Buyer’s Order have been accepted for processing
4.8. The payment date shall be considered either the date when the funds are credited to the Seller.
V. TERMS OF DELIVERY
5.1. The Product delivery is not included in the Product price and is paid by the Buyer as an extra at the checkout, together with the Product price.
5.2. A paid order is to be sent within 3-5 business days, not counting the date of payment
5.3. In other regions of the Russian Federation the Product shall be delivered either by Russian Post delivery service. The final term of the Product delivery to the Buyer depends on his address and delivery region, performance of a particular delivery service and does not directly depend on the Seller.
5.4. Outside the Russian Federation the Product shall be delivered by Russian Post delivery service. The final term of the Product delivery to the Buyer depends on his address and delivery region, performance of a particular delivery service and does not directly depend on the Seller.
5.5. 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.
5.6. Delivery rates:
Delivery of all orders from the site https://tarocco-studio.com/ is free
5.7. In case of the Product delivery by the Seller the property right and the risk of accidental damage to the Product shall be transferred to the Buyer at the moment the Product is handed over from the Seller to the Buyer and the consignment note is signed by the Buyer.
5.8. In case of the Product delivery by either Russian Post delivery service the risk of accidental loss or accidental damage to the Product shall be transferred to the Buyer at the moment the Product is handed over from the Seller to Russian Post delivery service representatives, under Art. 459 of the Civil Code of the Russian Federation. In this case the ownership right for the Product shall be transferred to the Buyer at the moment the Product is accepted from the delivery service representative, provided the Buyer pays for the Product and signs the shipping documents.
5.9. The Product is to be packed in a case (packaging) ensuring its safe transportation and storage, except for the Products whose character does not require casing and (or) packaging.
5.10. Consignment notes are not sent with the goods. The buyer has the right to request the invoice from the seller
5.11. At the moment the Product shall be delivered the necessary information is passed on to the Buyer under the «Remote Sales of Goods Regulations» (approved by RF Government Regulation as of 27.09.2007 № 612).
5.12. The Product shall be delivered to the Buyer at the address stated in his Order. Is the Buyer is absent at the address, the Product may be handed over to another person authorized by the Buyer. When handing over the Product the Seller/ Russian Post delivery service is eligible to request the Buyer’s identification document.
5.13. The Buyer shall inspect the delivered Product, check if the Product’s quality and quantity is compliant with the sample and (or) description featured on the Seller’s Website. The Buyer shall check the Product’s complexity and exterior appearance, ensure that there are no obvious visible defects and apparent inconsistency of the delivered Products with the description on the Seller’s website and make the appropriate note on the consignment bill.
5.14. In case the Buyer has made a mistake specifying the Product delivery address or has failed to fulfill his obligations concerning the acceptance of the Product the Seller is eligible to refund the Product price and delivery expenses, as well as the Product’s return consignment.
VI. RETURN POLICY
6.1. The Buyer is eligible to reject the Product at any moment prior to its delivery, and after it has been delivered — within 7 (seven) calendar days.
6.2. The Buyer is eligible to exchange the Product to a similar one in accordance with the procedure and in cases stipulated by Russian Federal Law «On Protection of Consumers’ Rights» as of 07.02.1992 № 2300–1, within 14 (fourteen) calendar days.
6.3. The Buyer is not eligible to reject the Product of the proper quality, featuring specific characteristics.
6.4. When returning or exchange the Product of the proper quality the Buyer is obliged to fulfill the following conditions:
6.4.1. The product should be clean, without any traces of dust, without evidence of use, without damage, in resalable condition, in original packaging;
6.4.2. The Product should be accompanied by proof-of-purchase documents (cash or sales receipt, other proof-of-purchase documents) and the Product return/exchange claim.
6.5. If the Buyer rejects the Product of the proper quality, under clause 6.4. of the Terms the Seller shall refund the Buyer the price of the returned Product, except for the Seller’s delivery expenses to return Product from the Buyer.
6.6. In case the Seller has delivered a low quality Product, the Buyer shall reject the Product upon delivery and inform the Seller thereof by email email@example.com.
6.7. To return or exchange the Product, the Buyer must send a returnable or replacement Product to the return address..
6.8. Under Art. 22 Russian Federal Law № 2300–1 «On Protection of Consumers’ Rights», the amount paid by the Buyer for a low quality Product should be returned to the Seller within 10 (ten) calendar days since the relevant claim has been filed. The money shall be refunded in cash in the Seller’s office. If the Product was paid for by a bank card, the money shall be refunded to the Buyer’s bank card that was used to pay for the Product.
6.9. Products approved by RF Government Regulation as of 19.01.1998 № 55 are not eligible for return or exchange, that is, are not eligible for return or exchange the following products of the proper quality:
– Hygiene products (combs, hairpins, hair rollers, wigs, chignons and similar products);
– Sewn and knitted items (sewn and knitted underwear, hosiery);
– Items made of precious metals, gemstones, precious metals with semiprecious and synthetic stone inserts, faceted gemstones;
– As well as other products approved by the above Regulation.
6.10. The Product exchange or return is possible in case the Product was not in use, and his marketable appearance, consumer properties, seals, manufacturer labels, the Seller’s trademark tags, etc are intact. Upon detecting the evidence of the Product use, the Seller reserved the right to reject the money refund on this ground.
VII. PRIVACY AND PERSONAL DATA PROTECTION POLICY
7.1. During the Website registration the Buyer shall provide the Seller with the following data: First Name, Surname, email address, phone number and the Product delivery address. The Seller has a right to use this information to fulfill his obligations towards the Client. On the Seller’s request the Buyer shall also provide passport details, bank card details and other data the Seller needs to fulfill his obligations.
7.2. By providing his personal data during the website registration process, the Buyer gives his consent to receive promotional mail. The specified mail features information on forthcoming promo offers and other Seller’s events, including promotional mail and special offers. Information is sent as an email to the address and/or as a short message (sms) to the phone number provided by the Client during registration. Promotional materials may be provided as printed and souvenir products, placed into the clients orders and delivered to the provided postal address as letters and packages.
7.3.If the Buyer does not want his data to be used under the clause 7.2 of the Terms, he should address the Seller by sending a free-format email to firstname.lastname@example.org.
7.4. By providing his personal data during the website registration the Buyer gives the Seller his voluntary consent to process and use his personal data for:
– aims stipulated by the Seller’s memorandum of association;
– the Buyer’s website registration;
– sending promotional mail to the Buyer;
– meeting his obligations towards the Buyer;
– promoting the Seller’s products and services in a number of ways, automatic personal data analyses included;
– marketing research;
– the Website assessment and analysis.
The present consent may be withdrawn only on condition of notifying the Seller in accordance with the procedure specified in clause 7.3. of the Terms.
7.5. The Seller shall hold the information received from the Buyer confidential. Whereby the Seller disclaims all liability for the information publicly provided by the Buyer on the website.
7.6.The Seller shall not be in breach if the information is forwarded to agents and third parties acting on the basis of the contract with the Seller in order to fulfill obligations towards the Buyer. The Seller shall not be in breach for disclosure of information in keeping with reasonable and applicable legislative requirements.
VIII. FINAL CLAUSES
8.1. Before making the order the Buyer received from the Seller all the necessary information described in the «Remote Sales of Goods Regulations» (approved by RF Government Regulation as of 27.09.2007 № 612), that is about essential consumer properties of the Product and the Seller’s address (location), the place of the Product’s manufacture, the Seller’s full brand name (name), the price and terms of the Product’s purchase, its delivery, lifespan, expiry date and warranty period, the payment procedure.
8.2. Law of the Russian Federation shall apply to the relations between the Buyer and the Seller.
8.3. The present Terms are drawn up in English and in Russian. In case of contradictions between the English and Russian texts the Russian text shall prevail.
8.4. The Seller has the right to unilaterally amend the Terms without notice. The amendments come into effect instantly since the moment of their publication on the Seller’s Website and are applied to the Orders made after their publication.