TERMS OF SERVICE
Public offer agreement on the sale of goods through the online store
1. General Provisions
1.1. Individual entrepreneur Milshtein Alexander Andreevich, acting on the basis of a certificate of registration of an individual as an individual entrepreneur, hereinafter referred to as the “Seller”, publishes a Public Offer for the sale of goods based on samples presented on the Seller’s official website
1.2. In accordance with article 437 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), this document is a public offer, and if the following conditions are accepted, an individual who accepts this offer pays for the Seller’s Goods in accordance with the terms of this Agreement. In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, payment for the Goods by the Buyer is an acceptance of the offer, which is considered equivalent to the conclusion of the Agreement on the conditions set forth in the offer.
1.3. Based on the foregoing, carefully read the text of the public offer, and if you do not agree with any clause of the offer, you are invited to refuse to purchase the Goods or use the Services provided by the Seller.
1.4. In this offer, unless the context otherwise requires, the following terms have the following meanings:
• “Internet site” - the seller’s information resource located on the Internet at: http://www.rebeldemadrid.ru.
• “Online Store” - a special section of the Site intended for the remote sale of Goods.
• “Sale of goods by remote means” - sale of goods under a retail sale contract concluded on the basis of familiarization of the buyer with the seller’s description of the goods contained in the Internet information and telecommunication network.
• “Offer” - the Seller’s public offer addressed to any natural person (citizen) to conclude a sale and purchase agreement with him (hereinafter referred to as the “Agreement”) on existing conditions contained in the Agreement, including all of its annexes.
• “Buyer” - a fully capable individual who places an Order on the website http://www.rebeldemadrid.com, solely for personal needs not related to entrepreneurial activity.
• “Seller" - a person who sells goods remotely.
• “Acceptance” - full and unconditional acceptance by the Buyer of the terms of the Agreement.
• “Goods” - products in assortment presented in the online store, the remote sale of which is not prohibited by the current legislation of the Russian Federation.
• “Order” - individual items from the product assortment list indicated by the Buyer when filling out an application on the website or through the online store.
• “Registration” - actions to create an Account (account) by the Buyer.
• “Account (account)” - a personal section of the Buyer in the online store, available only after authentication (entering the correct username and password). The account is designed to store information reported by the Buyer and manage orders.
• “Delivery Service” is a person who delivers the goods of the Buyer on behalf of the Seller.
• “Delivery Territory” - Russian Federation.
2. Subject of the contract
2.1. The Seller sells the Goods in accordance with the current price list / assortment published on the Seller’s website http://www.rebeldemadrid.com, and the Buyer makes payment and accepts the Goods in accordance with the terms of this Agreement.
2.2. This Agreement and its annexes are official documents of the Seller and an integral part of the offer.
2.3. An order is deemed executed after the Buyer has selected the Products from the range of the online store; consent to the conditions established by this Agreement by putting a mark in the column "I accept the terms of the Public Offer Agreement" and sending it to the Seller for execution.
2.4. This Agreement should be considered as published on the Site and / or in the online store.
3.1. The buyer has the right to place an order for any product presented in the online store. Each Product can be ordered in any quantity, subject to the availability of a sufficient quantity of the Goods from the Seller. The order of the Goods is carried out by the Buyer through the website http://www.rebeldemadrid.com.
Details of placing an order in the online store are described in the sections “Step-by-step instruction”, “Payment for goods” and “Delivery of goods”.
The order can be placed both in the presence of the Buyer, a registered Account, and in its absence.
The buyer gets acquainted with the product according to the photo samples and the description presented in the online store.
All information materials presented on the site are for reference only and cannot fully convey reliable information about certain properties and characteristics of the Goods. If the Buyer has questions regarding the properties and characteristics of the Goods, before placing the Order, he needs to consult the Manager of the online store.
3.2. When registering on the Seller’s website or when placing an Order through the Seller’s website, the Buyer agrees to provide the following registration information about himself:
• Full Name;
• actual delivery address;
• E-mail address;
• contact phone number (mobile, landline).
3.3. Acceptance by the Buyer of the terms of this Agreement is carried out by entering the relevant data by the Buyer into the registration form or order form on the website. The buyer has the right to edit registration information about himself. The manager of the online store without the consent of the Buyer is not entitled to change or edit the registration information about the Buyer. The Seller undertakes not to provide the Buyer's data specified during registration on the site and when placing the Order to persons not related to the execution of the Order.
3.4. The Seller and the Manager are not responsible for the content and accuracy of the information provided by the Buyer when placing the Order.
3.5. The buyer is responsible for the accuracy of the information provided when placing the Order.
3.6. Payment by the Buyer of the Order placed on the website means the Buyer's consent to the terms of this Agreement. The day of payment of the Order is the date of conclusion of the contract of sale between the Seller and the Buyer.
3.7. Prices for any items of the Goods indicated in the online store may be changed by the Seller unilaterally without mandatory notification to the Buyer. In case of a change in the price of the Goods that have already been ordered by the Buyer, the Manager of the online store as soon as possible informs the Buyer (via e-mail) to receive confirmation or cancel the order. If it is impossible to contact the Buyer, this order is considered canceled.
3.8. After placing the order, the Buyer (by e-mail) receives a message confirming the acceptance of the order, indicating the names of the selected Goods and the total amount of the order, which becomes an integral part of this Agreement.
3.9. In the absence of the Goods at the Seller’s warehouse, the Manager of the online store is obliged to inform the Buyer (by phone or by e-mail).
3.10. In the absence of the Goods in the warehouse, the Seller, with the consent of the Buyer, has the right to replace it with another Product, or to cancel the Order.
4. Terms of execution of the Order
4.1. The term for the execution of the Order depends on the availability of the ordered items of the Goods at the Seller’s warehouse and the time required to process the Order. The deadline for the execution of the Order in exceptional cases may be agreed with the Buyer individually, depending on the characteristics and quantity of the ordered Goods. In the absence of a part of the Order at the Seller’s warehouse, including for reasons beyond the control of the latter, the Seller has the right to cancel the specified Goods from the Buyer's Order. The seller undertakes to notify the Buyer of a change in the completeness of his Order through the Manager of the online store.
4.2. If the Buyer provides false information about his contact details, the Seller is not liable for the improper execution of the Order.
5. Payment for the goods
5.1. Methods of payment for the goods are indicated in the "Payment for goods" section of the online store.
5.2. The Buyer pays for the Goods in cash or by credit card using a payment terminal (bank card) to the courier of the Delivery Service (acting in the interests of the Seller), or by bank transfer (100% prepayment) by transferring funds to the Seller’s bank account using any of the Internet store way. In case of receiving the Goods at the pick-up point, the Buyer pays for the Goods upon receipt in cash or by credit card using the payment terminal.
5.3. The Buyer's obligation to pay for the cost of the Goods shall be deemed fulfilled from the moment the Seller actually receives the funds from the Buyer.
6. Delivery of goods
6.1. Delivery of goods ordered in the online store, in the agreed quantity and assortment, is carried out by the Delivery Service on the territory of the Russian Federation.
6.2. Delivery of the goods is carried out in the control periods determined by the delivery service independently.
6.3. The seller’s obligation to deliver the goods with the condition of delivery is considered fulfilled from the moment the goods are transferred to the buyer.
6.4. The date of delivery of the Goods to the Buyer is the date of signing by the Buyer of the shipping documents of the Shipping Service.
6.5. The ownership of the Goods and the risks of accidental damage and / or loss of the Goods pass to the Buyer from the moment of the actual transfer of the Goods and the signing of shipping documents upon delivery of the Goods to the Buyer.
6.6. Delivery costs, conditions, as well as a list of Delivery Services are listed on the website in the "Delivery Terms" section.
6.7. In the case of improper execution of the delivery of the Order through the fault of the Seller, re-delivery of the Order is free of charge.
6.8. At the time of receipt by the Buyer, from the Delivery Service of the goods purchased by him, the Buyer is obliged to check the complete set and appearance of the Goods in the presence of the Delivery Service, after which the Buyer signs the shipping documents.
7.1. In accordance with the Law of the Russian Federation “On the Protection of Consumer Rights”, the Buyer has the right to refuse the ordered Goods at any time until the execution of the Order.
7.2. The Buyer is not entitled to refuse the paid Order (or part thereof) of proper quality, having individually defined properties.
7.3. If the product purchased by the Buyer in the online store belongs to the “List of non-food products of good quality that cannot be returned or exchanged for similar goods of other sizes, shapes, dimensions, styles, colors or packaging”, approved by the Decree of the Government of the Russian Federation of 01.19.1998 No. 55 return or exchange of such goods is not possible.
7.4. The Buyer informs the Seller about the intention to return the goods to the Seller (Manager of the online store) by sending a letter (message) to his e-mail address. At the request of the Seller, the Buyer must return the goods.
7.5. In the event the Seller delivers the Order of both appropriate and inadequate quality, the Buyer agrees to provide the Goods to the Seller’s office as soon as possible in order to carry out a quality check of the Goods. The Buyer packs the goods and sends them by parcel to the Seller at the address: Rybnikov Lane House 2, Moscow, or in another way previously agreed with the Manager of the online store. The Buyer is obliged to enclose in the parcel: the original of the application signed by the Buyer for the return of the Goods, a receipt for the Goods, the Goods with all components and documents for it, if any.
7.6. In accordance with the Law of the Russian Federation “On Protection of Consumer Rights”, the amount paid by the Buyer for the Goods of both appropriate and inadequate quality shall be returned to the Buyer within 10 calendar days from the date of the presentation of the corresponding demand and the actual receipt by the Seller of the Goods from the Buyer. Refunds are made in cash at the Seller’s office. If the Goods were paid through the electronic payment system, then the refund is made to the Buyer's electronic account within 5 working days.
7.7. When the Buyer returns the Goods of good quality, the costs associated with the return of such Goods to the Buyer are not reimbursed.
7.8. When the Buyer returns the Goods of inadequate quality, the costs of returning such Goods are borne by the Seller.
8. Rights, duties and responsibilities
8.1. The seller is not responsible for the improper use of goods by the Buyer, ordered on the website or through the Manager of the online store.
8.2. The seller has the right to transfer his rights and obligations for the execution of Orders to third parties.
8.3. The seller has the right to 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 nip such facts. Telephone conversations are recorded in order to monitor the activities of the Manager of the online store and quality control of the execution of Orders.
8.4. The seller reserves the right to make changes to this Offer, in connection with which, the Buyer agrees to regularly monitor changes to the Offer posted on the website of the online store. The seller must post a notice of changes to the conditions of this Offer no later than 7 (seven) business days before the date of their entry into force. The current version of the Offer is available on the website of the Seller’s online store.
9. Other conditions
9.1. When placing an order, the Buyer simultaneously gives the Seller consent to receive information of an advertising nature (mailing) about the Goods and / or events (promotions) conducted by the Seller. In order to provide services for the purchase of goods (s) in the online store, in accordance with the requirements of the Federal Law of July 27, 2006 No. 152-ФЗ “On Personal Data”, the Buyer gives the Seller consent to processing (collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution, transfer to third parties, depersonalization, blocking and destruction) of your personal data, including using automation tools. The Buyer gives such consent in relation to the following personal data: last name, first name, middle name, address (place of delivery of the goods; email), phone numbers (mobile, landline), passport data and other personal data in the amount contained in the documents submitted by the Buyer necessary to receive the service. The indicated consents may be revoked by the Buyer at any time by sending a written notice to the address of the location of the Seller.
9.2. The seller undertakes to maintain confidentiality regarding the Buyer's personal data, as well as other information about the Buyer, which became known to the Seller in connection with the execution of this Agreement, unless such information is publicly available; disclosed at the request or with the permission of the Buyer; requires disclosure on the grounds provided by law, or upon receipt of relevant requests from the court or authorized state bodies; disclosed for other reasons provided for by agreement of the Parties.
9.3. The Buyer guarantees that all the conditions of this Agreement are clear to him, and he accepts them, of course, and in full.