CONTRACT-OFFER
Terms
Seller-Individual entrepreneur Shchebelev Maxim
The Client is a fully capable individual who places Orders on the Site, or uses the Goods purchased on the Site exclusively for personal, family, household and other needs that are not related to the implementation of business activities.
Payer – a fully capable individual who pays for the Order.
Recipient – a fully capable individual who receives the Goods independently, or an individual who receives the Goods through his legal representative.
Website – a web resource on the Internet owned by the Seller, located on a server in St. Petersburg and having an address on the Internet https://sportsweart.com/
The Site publishes information about the products offered by the Seller to Customers for placing Orders, as well as the terms of payment and delivery of these Orders to Customers.
A product is an object of the material world that is not withdrawn from civil circulation and is presented for sale on the Website.
Order – a duly executed request of the Customer for delivery to the specified address of the list of Goods selected on the Website or specified in the request sent to the Seller in writing by e-mail, telephone, fax or regular mail.
Delivery service – an operator of express mail services or another third party that provides services for the delivery of Orders to Customers under an agreement with the Seller.
External site – a site on the global Internet, the link to which is posted on the Seller’s Website.
1. General provisions
1.1. The site is owned and administered by IP Shchebelev Maxim
1.2. By ordering products through the Website, the Customer agrees to the terms and conditions of this document (hereinafter referred to as the “Agreement”) set out below.
1.3. The Contract, as well as the Product information provided on the Website, is a public offer in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation.
1.4.The provisions of the Civil Code of the Russian Federation on Retail sales (Section 2, Chapter 30), the Law of the Russian Federation “On Consumer Rights Protection” of 07.02.1992 No. 2300-1, the Decree of the Government of the Russian Federation of 27.09.2007 No. 612 “On approval of the Rules for the Sale of goods by remote means”, as well as other legal acts adopted in accordance with them, apply to the relations between the Client and the Seller.
1.5. The Seller reserves the right to make changes to this Agreement, and therefore, the Client undertakes to regularly monitor changes in the Agreement posted on the Website.
1.6. The Client fully and unconditionally accepts the terms of the Agreement at the time of clicking the “Place an order” button at the last stage of placing an Order on the Website.
2. Registration on the Site
2.1. To place an Order, the Customer must register on the Website.
2.2. The Seller is not responsible for the accuracy and correctness of the information provided by the Client during registration.
2.3. The Client undertakes not to disclose to third parties the username and password specified during registration. If the Client has any suspicions about the security of his login and password or the possibility of their unauthorized use by third parties, the Client undertakes to immediately notify the Seller by sending an email to the Seller at the address indicated on the “Contacts”page.
3. Order processing and deadlines
3.1. The Client’s order can be placed in the following ways: accepted by e-mail or made by the Client independently on the Website. Other methods of transmitting information to the online store are allowed only if the client does not have access to the Internet.
3.2. When placing an Order, the Customer must provide the following information
• * The last name, first name and patronymic of the Recipient of the Order
• Information about the Payer – the surname, first name and patronymic of the individual
• Order Delivery Address
• Contact phone number
• Email address.
3.3. In the process of placing an Order, the Seller provides the Customer with complete and reliable information about the payment and delivery methods of the Order.
3.4. If the Seller does not have the required quantity of the ordered Goods in the warehouse, the Seller informs the Customer about this by sending an electronic message. The message is sent to the email address specified during registration. The Customer has the right to agree to accept the Goods in the quantity available from the Seller, or to cancel this item of the Goods from the Order. If the Customer does not respond within 7 business days, the Seller reserves the right to cancel this Product from the Order.
3.4.1. The Seller has the right to cancel the Client’s Orders for which the data necessary for communication with the Client by e-mail is not specified, and/or payment for the Order has not been received within 15 working days.
3.4.2. The Seller has the right to refuse to conclude the contract and place an Order if the Customer has not specified the details of the Recipient and Payer.
3.5. The expected delivery time of the Goods to the Seller’s warehouse is up to 1 business day, or is indicated on the Website in the Product description.
3.6. The final terms of receiving the Order by the Customer depend on the address and region of delivery, the work of a particular Delivery Service, and do not directly depend on the Seller.
3.7. All information materials presented on the Website are for reference purposes and cannot fully convey reliable information about the properties and characteristics of the Product, including colors, sizes and shapes. If the Customer has any questions regarding the properties and characteristics of the Product, the Customer should contact the Seller before placing an Order.
3.8. If the ordered Goods are not available in the Seller’s warehouse, including for reasons beyond the Seller’s control, the Seller has the right to cancel the specified Goods from the Customer’s Order and notify the Customer by sending an email to the address specified during registration.
3.9. In case of cancellation of the fully or partially prepaid Order, the cost of the canceled Product is returned to the Customer in the same way as the Product was prepaid, or, in agreement with the Customer, the missing Product can be replaced with an equivalent one.
4. Delivery
4.1. The methods of delivery of goods are specified on the Website.
4.2. The territory of delivery of goods is not limited to the borders of the Russian Federation.
4.3. The Seller will make every effort to comply with the delivery terms specified on the Website, delays in delivery are possible due to unforeseen circumstances that occurred not through the fault of the Seller.
4.4. The risk of accidental loss or accidental damage to the Goods passes to the Customer from the moment the Order is handed over to him and the recipient of the Order signs the documents confirming the delivery of the Order. In case of non-delivery of the Order, the Seller reimburses the Customer for the cost of the Order and delivery paid by the Customer after receiving confirmation of the loss of the Order from the Delivery Service.
4.5. The cost of delivery of each Order is calculated individually, based on its weight, region and method of delivery, and sometimes the form of payment, and is indicated at the last stage of placing an Order on the Site.
4.6. Upon delivery, the Order is delivered to the Customer or to the person specified as the Recipient of the Order.
4.7. In order to avoid fraud, as well as to fulfill the obligations assumed in clause 4.6, when delivering a prepaid Order, the person delivering the Order has the right to request a document confirming the identity of the Recipient, as well as to indicate the type and number of the document provided by the Recipient on the Order receipt. The Seller guarantees the confidentiality and protection of the Recipient’s personal information (clause 9.3.1.).
4.8. When submitting an Order, the Customer must check the appearance and packaging of the Order, the quantity of Goods in the Order, the completeness, and the assortment.
4.9. The time allowed by the Seller to receive the Order by the Customer is limited and determined by the rules of the Delivery Service.
4.10. Failure to receive the Order within the time limits specified in clause 4.9 of the Agreement is considered a refusal of the Customer from the purchase and sale agreement and is the basis for the cancellation of the Order by the Seller. If the non-received Order was prepaid, the funds are returned to the Customer in the manner provided for in clause 3.9 of the Agreement, minus the Seller’s expenses for sending the Goods to the Recipient.
5. Payment For The Goods
5.1. The price of the Product is indicated on the Website. In case of incorrect indication of the price of the Goods ordered by the Customer, the Seller informs the Customer as soon as possible to confirm the Order at the corrected price or cancel the Order. If it is impossible to contact the Customer, this Order is considered canceled. If the Order has been paid for, the Seller returns the amount paid for the Order to the Customer in accordance with the procedure provided for in clause 3.9 of the Agreement.
5.2. The price of the Goods may be changed by the Seller unilaterally. The price of the Product is indicated at the last stage of placing the Order and is valid at the time of clicking the “Place order” button. At the same time, the price of the Product ordered by the Customer is not subject to change.
5.3. Payment methods for the Goods are listed on the Website in the “Payment” section.
5.4. The Order is accepted for processing only after payment of the full amount of the Order, including delivery, and crediting of the Client’s funds to the Seller’s current account. In this case, the Goods are not reserved for the Order, and the Seller cannot guarantee the availability of the Goods in the Seller’s warehouse, specified at the time of placing the Order, as a result, the Order processing time may increase.
5.5. The Seller has the right to provide the Customer with discounts on the Goods and to establish a bonus program. The types of discounts, bonuses, the order and conditions of accrual are specified on the Website and can be changed by the Seller unilaterally.
5.6. The Seller has the right to set discounts in order to promote a particular payment method or delivery of the Goods. At the same time, the Seller may limit the terms of discounts, in particular, the maximum possible discount on goods.6. Terms of return
6.1. Return of goods of proper quality
6.1.1. The Customer has the right to refuse the ordered Product at any time before receiving it, and after receiving the Product – within 7 days, not counting the day of purchase. The return of the Product of proper quality is possible if its marketable appearance, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified Product are preserved.
6.1.2. The Customer is not entitled to refuse the Goods of proper quality, which have individually defined properties, if the specified Goods can be used exclusively by the Customer purchasing it.
6.1.3. If the Customer refuses the Goods in accordance with clause 6.1.1. of the Agreement, the Seller returns to him the cost of the returned Goods, minus the Seller’s costs for the delivery of the Goods, no later than 10 days from the date of receipt by the Seller of the Customer’s written application.
6.1.4. Within 14 days from the date of receipt of the Order, not counting the day of purchase, the Customer has the right to exchange a product of proper quality for a similar product, if the specified product does not fit the Customer in shape, size, style, color, size or configuration. The Customer is not entitled to exchange Goods of proper quality specified in the List of Non-food Products of proper quality that are not subject to return or exchange, approved by the Decree of the Government of the Russian Federation of 19.01.1998 No. 55.
6.1.5. If, at the time of the Client’s request, a similar product is not available for sale from the Seller, the Client has the right to refuse to perform the purchase and sale agreement and demand a refund of the amount of money paid for the specified product. The seller is obliged to return the amount of money paid for the returned goods within 3 days from the date of return of the goods.
6.2. Return of goods of improper quality
6.2.1. The Customer may return the Goods of improper quality to the manufacturer or Seller and demand a refund of the amount paid within the warranty period. The Customer may also request the replacement of Goods of inadequate quality or the elimination of defects.
6.2.2. In the event of the Client’s withdrawal from the contract and a request for a refund of the amount of money paid for the goods in accordance with clause 6.2.1. of the Contract, the cost of the Goods shall be refunded to the Client within 10 days from the date of receipt by the Seller of the Client’s written application.
6.3. Refund of funds
6.3. The funds are subject to refund by the method that was used by the Client when paying for the Goods (the exception is payment via payment terminals – in these cases, the refund is made by bank or postal transfer using the details specified by the Client in the application. Also, at the written request of the Client, the amount of money paid for the Order can be taken into account when paying for its subsequent orders).
6.4. Procedure for actions in case of violation by the seller of the terms of the assortment (re-export).
6.4.1.In case of transfer of Goods in violation of the terms of the assortment, the rules of Article 468 of the Civil Code of the Russian Federation do not apply.
6.4.2. If the Order contains a Product that does not correspond to the ordered assortment (re-sorting), the Customer has the right to refuse this Product when transferring the order and demand replacement for the Product in the assortment provided for in the Order, or a refund for the actually non-transferred Product.
6.4.3. The goods transferred to the Customer in violation of the terms of the assortment are subject to return to the Seller. If the Customer accepts this Product, the Seller has the right to require the Customer to pay for this Product at the price set by the Seller for this Product on the Website at the time of delivery of the Product. If the actual transferred Product is not included in the Seller’s assortment presented on the Website at the time of the transfer of the Product, this Product is paid for at the price agreed with the Seller.
6.4.4. The replacement of goods that do not correspond to the Order in the assortment is carried out by placing a new order as agreed by the parties – the Seller and the Client.
6.4.5. If it is impossible to replace the Goods, the Seller notifies the Customer by sending a message to the email address specified by the Customer during registration, and the funds actually paid for the non-transferred goods are returned in accordance with the procedure provided for in clause 6.4.6.
6.4.6. The funds paid by the Customer for the Goods not actually transferred are subject to refund within 10 days from the date of receipt of the Customer’s written request for a refund. The refund of the amount paid for the product is carried out in the same way as the payment was made.
6.5. Procedure for actions in case of violation by the Seller of the quantity condition.
6.5.1. When submitting an Order, the Customer is obliged to check the quantity of Goods in the Order. If, during the transfer of the Order, the Customer finds discrepancies in the quantity of the Goods in the Order, the Customer is obliged to draw up a Report on the discrepancy in quantity in the presence of a representative of the Seller or the carrier.
6.5.2. If the Seller has transferred to the Customer a smaller quantity of Goods than specified in the Order (under-investment), the Customer, when transferring the Order, has the right to accept the Goods in the part corresponding to the Order and demand to transfer the missing quantity of Goods, or, if the missing Goods have been paid for, to refuse the Order in the part of the missing Goods and demand a refund for the missing Goods.
6.5.3. The transfer of the missing Goods is carried out by placing a new Order as agreed by the parties-the Seller or the Client, provided that the Client provides a Certificate of Discrepancy (an Act of Non-investment), drawn up in accordance with clause 6.5.1.
6.5.4. If the missing Product has been pre-paid by the Customer, its cost may, by agreement of the parties, be taken into account in subsequent orders, or be refunded within 10 days from the date of receipt of the Customer’s written request for a refund. The refund of the amount paid for the product is carried out in the same way as the payment was made.
6.5.5. If it is impossible to transfer the missing Goods, the Seller notifies the Customer by sending a message to the email address specified by the Customer during registration, and the funds actually paid for the missing goods are returned in accordance with the procedure provided for in clause 6.5.6.
6.5.6. The funds paid by the Client for the missing Goods may, by agreement of the parties, be taken into account in subsequent orders, or are subject to refund within 10 days from the date of receipt of the Client’s written request for a refund, as well as the Act of Discrepancy (Act of Non-investment) in the amount drawn up in accordance with clause 6.5.1.The refund of the amount paid for the goods is carried out in the manner in which the payment was made.
6.5.7.In case of violation by the Customer of clause 6.5.1 in the part of drawing up the Act, the Seller has the right to refuse to satisfy the Customer’s claims regarding the quantity of the transferred Goods.
7. Intellectual property
7.1. All text information and graphic images on the Website are the property of the Seller and/or its counterparties.
8. Guarantees and liability
8.1. The Seller is not responsible for any damage caused to the Customer as a result of improper use of the Goods ordered on the Website.
8.2. The Seller is not responsible for the content and operation of External Sites.
8.3. The Seller has the right to assign or in any other way transfer its rights and obligations arising from its relations with the Client to third parties.
9. Confidentiality and protection of personal information
9.1. Provision of information by the Client:
9.1.1. When registering on the Site, the Client provides the following information:
Last name, First name, email address, password for accessing the Site.
9.2. By submitting their personal data when registering on the site, the Client agrees to their processing by the Seller, including for the purpose of promoting the Seller’s goods and services.
9.2.1. If the Customer does not want his personal data to be processed, he must contact the Seller’s Customer Service via the feedback form on the Website. In this case, all the information received from the Customer (including the username and password) is deleted from the Seller’s customer base and the Customer will not be able to place Orders on the Site.
9.3. Use of the information provided by the Client and received by the Seller.
9.3.1 The Seller uses the information: to register the Client on the Site; to fulfill its obligations to the Client; to evaluate and analyze the operation of the Site; to determine the winner in the promotions held by the Seller.
9.3.2. The Seller has the right to send advertising and informational messages to the Client. If the Customer does not want to receive mailings from the Seller, he must indicate this in the email sent to the Seller.
9.4. Disclosure of information received by the Seller.
9.4.1. The Seller undertakes not to disclose the information received from the Client. It is not considered a violation for the Seller to provide information to agents and third parties acting on the basis of a contract with the Seller for the performance of obligations to the Client.
9.4.2. It is not considered a violation of the obligations to disclose information in accordance with the reasonable and applicable requirements of the law.
9.5. The Seller has the right to use the “cookies” technology. “Cookies” do not contain confidential information and are not transmitted to third parties.
9.6. The Seller receives information about the IP address of the Site visitor. This information is not used to identify the user.
9.7. The Seller is not responsible for the information provided by the Client on the Website in a publicly available form.
10. Other terms and conditions
10.1. The relations between the Customer and the Seller are governed by the law of the Russian Federation.
10.2. In case of questions and complaints from the Client, the Client must contact the Seller’s Customer Service by phone or via the feedback form on the Website. The parties will try to resolve all disputes that arise through negotiations, and if an agreement is not reached, the dispute will be referred to a judicial body in accordance with the current legislation of the Russian Federation. 10.3. The court’s recognition of the invalidity of any provision of this Agreement and the Rules does not entail the invalidity of the remaining provisions.
11. Seller’s Bank Details
IP Shepelev Maxim
OGRN – 309784720100257
TIN 780244012586
Legal address: Leningrad region, Vsevolozhsky district, Staraya str., Generala Choglokova str., 4, sq. 7
Actual address: Saint Petersburg, Moskovsky Prospekt, 2/6, office 2 In
Bank details:
p / s: 408028105000021228 in JSC “PSKB”, St. Petersburg
k / s: 30101810000000000852 in the GRCC GU of the BANK of RUSSIA in St. Petersburg
BIC: 044030852