Public offer yea-style.comPublic offer of the online store "YEA2098" The limited liability company "ABSOLUTE PRO", hereinafter referred to as the Seller, offers Products placed in the online store http://yea-style.com/ (hereinafter referred to as the Online Store), to any legally capable individual / legal entity (including an individual entrepreneur), hereinafter referred to as the Buyer, if the latter accepts the terms of this Agreement and its annexes (unconditional acceptance). This Agreement does not require a bilateral signature and is valid in electronic form. TERMS For the purposes of this Agreement, the Parties use these terms in the following meaning: 1.1. Online store – a website located on the Internet at http://yea-style.com/, through which the Seller carries out remote trade in Goods. 1.2. Product – a material object placed in the Online store and available for Order by the Buyer. 1.3. A defective Product is a product that has shortcomings or significant shortcomings. 1.4. Order – a request made by the Buyer through the website of the Online store or by phone of the Online store for the purchase and delivery of Goods selected by the Buyer in the Online store to the address specified by the Buyer. 1.5. Buyer – any natural (legal) person or individual entrepreneur who has accepted this Agreement. 1.6. Seller-LLC "ABSOLUT PROFI" (TIN 4401167928); 1.7. Manufacturer – the person who produced the Goods and issues a guarantee for the Goods on the terms specified in the warranty card. 1.8. Acceptance of the Offer (Unconditional acceptance) – in accordance with Article 438 of the Civil Code of the Russian Federation, full and unconditional acceptance of the Contract, carried out by Ordering Goods in the Online store. 1.9. Personal data – information related to the Buyer, including the information specified by him when placing an order, which allows to establish the identity of such a Buyer. 1.10. Personal data processing – actions (operations) performed manually or automatically with personal data, including collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transfer), depersonalization, blocking and destruction of personal data. 1.11. An analogue of a handwritten signature is pressing the "Confirm order" button when placing an order on the Seller's website, or expressing a desire to purchase goods over the phone in a conversation with the manager (when the manager creates an order on your behalf by phone). 1.12. Pick-up point – the location of the Seller (the courier company with which the Seller has concluded a corresponding contract), where the Buyer independently receives the Order. 1.13. The Seller's manager is an employee of the seller. SUBJECT OF THE CONTRACT
2.1. The Seller undertakes to transfer ownership to the Buyer, and the Buyer undertakes to pay for and accept the Goods ordered on the website of the Online store.
2.2. If the Buyer does not agree with any of the provisions of this Agreement, the Buyer does not have the right to order the goods or leave requests for the goods through the website or by phone specified on the website of the Online store. If the Seller has made any changes to the Contract with which the Buyer does not agree, the Buyer is obliged to stop using the website of the Online store.
2.3. In accordance with part 1 of Article 450 of the Civil Code of the Russian Federation, the Parties have agreed that the Seller has the right to unilaterally amend or supplement this Agreement at any time. The seller sends the offer by posting the new version on the Internet on the page http://yea-style.com/
. The changes come into force on the next calendar day after the publication of the new version of the Agreement.
2.4. The Buyer undertakes to familiarize himself with the current version of the Agreement.
2.5. When making an Order, the Buyer guarantees that he has fully read the text of this Agreement and accepts its terms. The order execution after the Contract change is considered by the Seller as acceptance of the new terms of the Contract. ACCEPTANCE (ACCEPTANCE) OFFERS
3.1. The text of 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).
3.2. The fact of placing an Order is an unconditional acceptance of this Agreement (unconditional acceptance), and the Buyer is considered as a person who has entered into a contractual relationship with the Seller.
3.3. By agreeing to the terms of this Agreement, the Buyer confirms that he is not acting in the interests of third parties, but solely on his own behalf and in his own interests.
3.4. The Order is made by filling out and sending to the Seller a form indicating the Order parameters through the Online store's website:
● Name, quantity, cost of the Product;
● Buyer's Name;
● Buyer's contact phone number;
● Buyer's email address;
● Delivery option.
3.5. The Order is considered completed after the Order is confirmed by phone or by mail specified in the Order, by the Seller's Manager.
3.6. If the Seller has grounds to assume that the information provided by the Buyer when placing an Order does not correspond to reality or is provided in an incomplete volume, as well as in the case of offensive and/or inappropriate behavior, he may be refused to accept the Order on a temporary or permanent basis.
3.7. All fields of the Order Form are required to be filled in by the Buyer. The Seller does not verify the accuracy and relevance of the data specified by the Buyer.
3.8. The Buyer does not have the right to specify third-party data or false data in advance in the Order Form.
3.9. Prior to placing an Order and concluding this Agreement, the Buyer undertakes to familiarize himself with:
● With the main consumer properties of the Product, the place of manufacture of the Product, the cost of the Product. The specified information is located on the Product page.
● Payment methods for the Goods. The specified information is located on the Website of the online store.
● Methods and cost of delivery of the goods. The specified information is located on the Website of the online store. The delivery terms are approximate and may differ up or down, depending on the work of the Courier company with which the Seller has concluded a contract for the delivery of Goods to the Buyer. The Seller reserves the right not to deliver the Order to the Buyer if the Buyer has previously unpaid Orders. PRODUCT FEATURES
4.1. The product is presented in the Online store through photo samples that are the property of the Online store.
4.2. Each photo sample is accompanied by text information: name, size, unit price and Product description.
4.3. All information and characteristics of the Goods presented in the Online store are for reference purposes and cannot fully convey information about the properties and characteristics of the Goods, including colors, sizes, materials and shapes. If the Buyer has any questions regarding the properties and characteristics of the goods, the Buyer must contact the Seller by e-mail or by phone specified on the website of the online store before placing an order.
4.4. Due to different technical characteristics, the color of the Product may differ from the one presented in the Online store.
4.5. The characteristics and appearance of the Product may differ from those presented on the website.
4.6. The position of the Product "under the Order" means that this Product is not available from the Seller. When placing an Order for a Product "under the Order", the Buyer expresses to the Seller a desire to buy this product after it is received by the Seller. The Seller does not guarantee the receipt of the Goods "under the Order".
4.7. The Seller is not responsible for the absence of the Goods posted on the website of the Online store. The buyer must independently check the availability of the goods before ordering or at the time of approval of the order with the Seller's manager. PRODUCT PRICE
5.1. Prices in the Online store are indicated in the currency of the Russian Federation per unit of Goods.
5.2. Tariffs for the provision of services for the delivery of Goods are posted in the Online store and are not included in the price of the Goods. The cost of delivery is paid by the Buyer separately and is not refundable in case of a refund (exchange) The product.
5.3. The price of the Goods indicated in the Online store can be changed by the Seller unilaterally. PAYMENT FOR THE GOODS
6.1. The Buyer pays for the Goods using the methods specified in the Online store in the "Shopping Cart" section.
6.2. In case of cash payment, the Buyer is obliged to pay the Seller the price of the Goods at the time of its transfer, and the Seller is obliged to provide the Buyer with a cash or commodity receipt, or other document confirming the payment of the Goods.
6.3. In the case of non-cash payment, the Buyer's obligation to pay the price of the Goods is considered fulfilled from the moment of crediting the corresponding funds in the amount of 100% (one hundred percent) of the prepayment to the Seller's (Payment Acceptance Operator) settlement account.
6.4. In the case of a non-cash form of payment, the Seller delivers (issues) The goods are delivered to the Buyer only after the payment is received.
6.5. The delay in payment by the Buyer of the price of the Goods for a period of more than 1 (one) calendar day from the date of Ordering the Goods is a material violation of this agreement. In this case, the Seller has the right to unilaterally refuse to perform this agreement by notifying the Buyer.
6.6. The Buyer pays the commissions (fees) charged by credit institutions (payment systems) at his own expense when making the payment.
6.7. The Buyer must check the availability of the goods from the Seller before the payment is made.
6.8. Government Resolution No. 55 of 1998 provides for a list of goods that cannot be returned or replaced on the basis of Article 25 of Federal Law No. 2300-1 of 1992. Paragraph 5 of the Resolution prohibits the return and exchange of underwear and hosiery products.
The return or exchange of these products is carried out only in the case of a manufacturing defect or non-compliance with the declared size. DELIVERY OF THE GOODS
7.1. Delivery of the Goods to the Buyer is carried out at the address and within the time agreed by the Buyer and the Seller's manager when placing the order, or the Buyer independently picks up the goods from the Seller's warehouse or pick-up point.
7.2. The cost of delivery of each Order is calculated individually and depends on the chosen delivery method.
7.3. The Buyer's failure to appear within 3 working days, refusal to accept delivery on the agreed day, postponement of delivery or failure to perform other necessary actions to accept the Goods may be considered by the Seller as the Buyer's refusal to fulfill the Contract.
7.4. The right of ownership and the risk of accidental loss, loss or damage to the goods passes to the Buyer from the moment of transfer of the Goods to the Buyer or his Representative.
7.5. Upon delivery, the Goods are handed over to the Buyer or Representative. The Seller is not obliged to check the Representative's authority to accept the Goods if the Representative is located at the Delivery address.
7.6. The Buyer is obliged to accept the Goods by name, quantity and assortment at the time of its acceptance.
7.7. When accepting the Goods, the Buyer or the Buyer's Representative confirms that he has no complaints about the appearance, name, quantity and completeness of the Goods, as well as familiarization with the return (exchange)rules The product.
7.8. After sending the Goods by the transport company, the Seller, at the request of the Buyer, informs the Buyer of the data of the transport company and the data necessary for the identification of the cargo (goods).
7.9. The buyer undertakes to ensure the acceptance of the goods from the transport company. When accepting the Goods from the transport company, the Buyer is obliged to inspect the Goods for the presence and integrity of the packaging. In case of damage to the packaging and other defects, the Buyer is obliged to make appropriate notes in the consignment notes. Otherwise, subsequent claims about incomplete or damaged Goods during transportation are not accepted by the Seller.
7.10. The Buyer undertakes to reimburse the Seller for the documented expenses caused by the acceptance of the Goods from the transport company on the appointed day (including the services of the transport company for the responsible storage of the rejected Goods, the services of the transport company for the re-delivery of the Goods).
7.11. If the Buyer refuses the Goods when accepting the Goods from the transport company, he is obliged to immediately notify the Seller about this using the details specified in section 15. Otherwise, the Seller has the right to charge the Buyer with reimbursement of the costs of responsible storage of the Goods by the transport company.
7.12. In the event of the Buyer's refusal of the prepaid Goods, not due to a violation of the conditions on the quality of the Goods, the Seller retains in its favor the costs of delivery and return of the Goods, as well as all reasonable costs and expenses incurred (including the cost of storage), any losses, taxes and customs fees from the funds returned to the buyer. The re-shipment of the prepaid Goods to the Buyer is carried out after 100% (one hundred percent) payment of the Seller's expenses for delivery and return of the first shipment.
7.14. The delivery terms indicated on the website of the Online store are indicative and may differ from the actual ones in a greater or lesser direction.
7.15. For Buyers from non-CIS countries, the Seller sends the order without taking into account taxes and duties of the Buyer's country of residence. The price for delivery does not include taxes and duties. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Seller undertakes to:
● Not to disclose any personal data of the Buyer and not to provide access to this information to third parties, except for the cases provided for by Russian legislation, this Agreement and the policy regarding the processing of personal data.
● Provide the Buyer with the opportunity to receive free telephone consultations at the phone numbers indicated on the website of the online store. The scope of consultations is limited to specific issues related to the execution of the Order and the characteristics of the Product.
● The Seller has the right to refuse the Buyer to accept and execute the order if the Buyer made an order earlier and did not pay for it, refused the order at the time of delivery of the Goods, did not pick up the Goods from the pick-up point, or if the Seller has doubts about the reliability of the Buyer's specified data, without explaining the reasons.
8.2. The Buyer undertakes:
● Before the conclusion of the Contract, read the contents of this Agreement, the terms of payment and delivery on the website of the online store.
● Provide reliable information about yourself (full name, contact phone numbers, email address) and details for the delivery of the Goods.
● Accept and pay for the Goods within the terms specified in this Agreement. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
9.1. The Parties are responsible for non-performance or improper performance of this Agreement in accordance with the procedure provided for by this Agreement and the current legislation of the Russian Federation.
9.2. The Seller is not responsible for the delivery of the Order if the Buyer specified an incorrect delivery address or contact details.
9.3. The Seller is not responsible if the Buyer's expectations about the consumer properties of the Goods were not justified.
9.4. The Seller is not responsible for the discrepancy in the availability of the goods on the website of the Online store and its actual availability in the Seller's warehouse.
9.5. The Seller is obliged to notify the Buyer of the availability of the goods at the time of approval of the order, in case of absence of the goods to offer a replacement or specify the approximate time of receipt of the goods.
9.6. All disputes and disagreements arising during the performance of the Parties ' obligations under this Agreement are resolved through negotiations. If it is impossible to eliminate them, the Parties have the right to apply for judicial protection of their interests.
9.7. The parties have established the need to comply with the mandatory pre-trial claim procedure before applying to the court. The deadline for responding to a claim is set at 10 (ten) calendar days from the date of its receipt. RETURN AND EXCHANGE OF GOODS
10.1. The Buyer has the right to refuse the Product of proper quality, if it did not fit for any reason, at any time before its transfer, as well as after the transfer, within 7 (seven) days, not counting the day of its purchase.
10.2. Return of goods of proper quality:
● If the Buyer wants to return the goods of proper quality, the Seller reserves the right to check the safety of the presentation (in accordance with Article 25 of the Law "On Consumer Rights Protection").
● When returning the goods of proper quality, the Seller returns the full cost of the goods to the Buyer, the Buyer can also order the pick-up of the goods, paying the delivery costs of the returned goods (in accordance with paragraph 4 of Article 26.1. of the Law "On Consumer Rights Protection") or bring the goods themselves.
10.2.1. Return of the goods of proper quality produced by the Seller according to the individual design of the Buyer and/or with the application of personalization:
● The goods produced according to the individual design of the Buyer and/or with the use of personalization are not subject to return or exchange if a technical defect (sewing and/or material defect) was not allowed during the production process, provided that the technical task of the Buyer, formed by him during the order process, by choosing the product parameters (color scheme), were observed by the Seller.
10.3. Return of goods of improper quality:
● In case of claims to the quality of the goods, the Seller reserves the right to check the quality of the goods (in accordance with paragraph 5 of Article 18 of the Law "On Consumer Rights Protection").
● The return and replacement of goods of improper quality weighing more than 5 (five) kilograms is carried out at the expense of the Seller (in accordance with paragraph 7 of Article 18 of the Law "On Consumer Rights Protection").
10.4. In order to return the Goods, it is necessary that:
● The product was not in use, its consumer properties, presentation, packaging, seals, labels, as well as a commodity or cash receipt, documentation for the product were preserved.
● The product was a product of proper quality (it is serviceable, has no damage, stains, puffs, traces and odors indicating the use of the product, as well as other visual damage, except for hidden manufacturing defects).
● If there are claims to the appearance and completeness of the goods, the Buyer can refuse to purchase the Goods until the moment of transfer of the Goods. The Buyer has the right to make claims to the appearance of the delivered Goods only before the transfer of the Goods by the Seller. References to the contamination of the Goods, insufficient illumination of the premises, haste on the part of the Seller's freight forwarders and other reasons are not grounds for the Buyer's failure to fulfill its obligations.
● Food Products and individually manufactured Goods are not subject to return or exchange.
10.5. Refund of funds:
● If the payment for the goods was made by the Buyer in cash, the refund is made by the Seller to the Buyer's bank account, which the Buyer will specify in the return form. The Buyer can receive the return form by sending a request for a return of the goods by phone or e-mail address of the Seller specified in the Online store in the "Contacts" section;
● If the payment for the goods was made by the Buyer by non-cash method, the refund is made by the Seller to the Buyer's bank account from which the payment for such goods was made. FORCE MAJEURE CIRCUMSTANCES.
11.1. The Parties are released from liability for non-performance or improper performance of obligations under the Agreement for the duration of force majeure. Force majeure means extraordinary and insurmountable circumstances under these conditions that prevent the Parties from fulfilling their obligations under this Agreement. These include natural phenomena (earthquakes, floods, etc.), circumstances of public life (military actions, states of emergency, major strikes, epidemics, etc. During this time, the Parties have no mutual claims, and each of the Parties assumes its own risk of the consequences of force majeure. TERM OF THE CONTRACT
12.1. The Agreement comes into force from the moment of Unconditional acceptance by the Buyer and is valid until the Parties fulfill their obligations. CONSENT TO THE PROCESSING OF THE BUYER'S PERSONAL DATA
13.1. By placing an Order on the website of the Online store, the Buyer confirms his consent to the processing of his personal data by the Seller and agrees to the "Policy on the processing of personal data" posted on the Internet at http://yea-style.com/
. The Personal Data Processing Policy is an integral part of this Agreement.
13.2. The list of actions with Personal Data that the Buyer agrees to perform:
● Receipt and Storage of Personal Data (in electronic form and on paper);
● Clarification (update, change) Personal data;
● Use of Personal Data for the performance of this Agreement;
● Transfer of the Buyer's Personal Data in accordance with the procedure provided for by the legislation of the Russian Federation;
● For the purpose of mailing catalogs, for marketing and other commercial purposes. The User has the right to refuse to receive such messages by following the link to cancel the subscription, or the instructions specified by the Seller when receiving the corresponding request;
● To communicate with the User, including sending notifications, requests, and information related to the use of the Site, the execution of agreements and contracts, as well as processing orders and User requests.
● To transfer Personal Data to any third parties on the territory of the Russian Federation for the purpose of fulfilling this Agreement.
● Conducting statistical and other research based on depersonalized data.
● Improving the quality of the website and services provided by the Seller.
13.4. The Buyer's consent to the processing of personal data is provided without limitation of its validity period.
13.5. The Buyer, solely on a personal application, has the right to withdraw (change) this consent to the processing of Personal Data.
13.6. The Seller processes and ensures the confidentiality of Personal Data in accordance with the requirements of the current legislation of the Russian Federation and the General Data Protection Regulation of the European Union. OTHER PROVISIONS
14.1. The Buyer understands and accepts the conditions that the information, Product characteristics, due to temporary technical errors on the Online Store's Website may be distorted (characteristics, availability, completeness and price). The Seller reserves the right to change the information. In the event of a technical error on the Website of the Online store that does not depend on the Seller, if this fact is proved, the Buyer reserves the right to return the Goods.
14.2. The Parties interact according to the details:
● For the Seller-as specified in clause 15. of this Agreement;
● For the Buyer – specified when making the Order. SELLER'S BANKING DETAILS
Name: LLC "ABSOLUTE PRO"
156007, Kostroma, Lenin street, 88.
Bank: JSC "Tinkoff Bank"
Current account: 40702810910000300786
Correspondent account: 30101810145250000974
Email address: email@example.com
Contact phone number: +7 910 375 35 05