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Public offer
Basic concepts
- Buyer — any individual accepting a public offer on the terms of this offer.
- Seller — Individual entrepreneur Osokin Alexander Vladimirovich, TIN 591154206029, Legal address: 618350, Perm Krai, Kizel, ul. Voynich, 10, kv.10, postal address: 111399, Moscow, st. Metallurgov, 33, kv. 24
- Website — maxkorzh.live Internet site owned by the Seller, containing information about the Goods, conditions of sale, delivery and return of the Goods sold by the Seller, as well as other information that is essential for the conclusion and execution of the contract for the sale of Goods.
- Goods — shoes, clothing, accessories and other goods presented for sale on the Site.
- Order — a duly completed Buyer's request for the purchase and delivery of the specified Buyer address of the Products selected on the Site.
1. General Provisions
The seller sells goods through the website at maxkorzh.live
1.2. When ordering Goods through the Site, the Buyer agrees to the terms of sale of the Goods set forth below (hereinafter referred to as the Terms of Sale of Goods). In case of disagreement with this User Agreement (hereinafter - the Agreement / Public Offer), the Buyer is obliged to immediately stop using the service and leave the site maxkorzh.live.
1.3. These Terms of sale of goods, as well as information about the Goods, presented on the Website, are a public offer in accordance with article 435 and paragraph 2 of article 437 of the Civil Code of the Russian Federation.
1.4. The agreement may be changed unilaterally by the Seller without notifying the Buyer. The new edition of the Agreement enters into force on the day of its publication on the Website, unless otherwise provided by the terms of this Agreement.
1.5. The public offer is accepted by the Buyer from the moment the Buyer places the Order without authorization on the Site.
1.6. A retail sale contract is considered to be concluded from the moment the Seller issues the cash or sales receipt or another document confirming payment for the goods to the Buyer.
1.7. y informing the Seller of his e-mail and phone number, the Buyer agrees to use the specified communication tools by the Seller, as well as by third parties, who are used by him to fulfill his obligations to Buyers, in order to carry out advertising and informational mailings containing information about discounts, upcoming and existing promotions and other events of the Seller, on the transfer of the order to the delivery, as well as other information directly related to the fulfillment of obligations by the Buyer under this Public Off you.
1.8. In carrying out the Order, the Buyer agrees that the Seller may entrust the execution of the Agreement to a third party, while remaining responsible for its execution.
1.9. The buyer can place an order on the Website 24 hours a day, 7 days a week, except for periods of maintenance work or technical failures.
2. Subject of the agreement
2.1. The subject of this Agreement is to provide the Buyer with the opportunity to acquire for personal, family, home and other needs, not related to business activities, the Goods presented in the Site catalog.
2.2. This Agreement applies to all types of Products and services presented on the Site, as long as such offers with a description are present in the Site catalog.
3. Product and purchase procedure
3.1. In the absence of the Goods ordered by the Buyer in the Seller’s warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer's Order, notifying the Buyer by sending an appropriate e-mail message to the address specified by the Buyer when ordering.
3.2. In case of cancellation of a fully or partially prepaid Order, the value of the canceled Goods is returned by the Seller to the Buyer in the manner in which the Goods were paid.
3.3. The Buyer bears full responsibility for providing incorrect information, resulting in the impossibility of the Seller to properly fulfill his obligations to the Buyer.
3.4. The expected date of transfer of the Order to the Delivery Service of the respective Seller shall be communicated to the Buyer by the manager serving the Order by e-mail.
4. Delivery of the order
4.1. Methods as well as approximate delivery times for the Goods sold by the Seller are indicated on the Website in the section “Delivery and Payment”. The specific terms of the pickup of goods in Moscow can be agreed by the Buyer with the manager of the Seller.
4.2. The territory of delivery of the Goods presented on the Site and sold by the Seller is limited to the borders of the Russian Federation.
4.3. Upon delivery, the Order is handed over to the Buyer or to a third party specified in the Order as a recipient (hereinafter referred to as the Buyer and the third party are referred to as the “Recipient”). If it is impossible to receive the Order paid by cash by the persons indicated above, the Order may be handed to a person who can provide information about the Order (shipment number and / or Full Name of the Recipient), as well as pay the cost of the Order in full to the person delivering the Order.
4.4. In order to avoid cases of fraud, as well as to fulfill the obligations assumed in clause 4. of this Agreement, upon delivery of a prepaid Order, the person delivering the Order has the right to request a document certifying the Recipient’s identity, as well as indicate the type and number of the document provided by the Recipient Receipts for the Order. The Seller guarantees the confidentiality and protection of the personal data of the Recipient (Section 8.3.).
4.5. The risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment the Order is transferred to him and the Recipient places the signature on the documents confirming the delivery of the Order. In case of non-delivery of the Order, the Seller shall reimburse the Buyer for the cost of the Order prepaid by the Buyer and delivery in full after receipt of the Order’s loss from the Delivery Service.
4.6. The cost of delivery of each Order is calculated individually, based on information about the weight of the Goods, the region and method of delivery, as well as (if necessary) the form of payment, and is indicated on the Site at the last stage of ordering.
4.7. The Seller’s obligation to transfer the goods to the Buyer is deemed to be fulfilled at the time the courier delivers the Goods to the Recipient or the Goods are received by the Recipient at the post office or at the pre-arranged place of issuance of the Order (including at the pickup point).
4.8. The time spent by couriers delivering goods sold by the Seller at the Recipient's address is limited to 15 minutes. The product presented on the Site, in terms of quality and packaging, corresponds to GOST and TU, which is confirmed by the relevant documents (certificates, etc.).
4.9. To specify the date, time and, if necessary, the route of delivery, please contact the Seller’s manager by calling the numbers listed in the Contacts section on the Seller’s website.
5. Payment for goods
5.1. The price of goods sold on the Website is indicated in rubles of the Russian Federation.
5.2. Calculations under the Agreement are carried out in any manner specified by the Seller in the section "Delivery and Payment".
5.3. The price of the Goods is indicated on the Site. If the price of the Goods ordered by the Buyer is not indicated correctly, the Seller informs the Buyer of this in order to confirm the Order at a fixed price or cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled. If the Order has been paid, the Seller returns to the Buyer the amount paid for the Order in the same way that it was paid.
5.4. The price of the Goods on the Site may be changed by the Seller unilaterally. At the same time, the price for the Goods ordered by the Buyer is not subject to change.
5.5. Shipping cost is not included in the price of the Goods and is paid by the Buyer separately at the prices specified by the Seller when placing the Order or before it is paid by the Buyer.
5.6. The seller has the right to provide discounts on products and install a program of bonuses. Types of discounts, bonuses, the procedure and terms of accrual are determined by the Sellers independently and are indicated on the Site and can be changed by the Seller unilaterally.
6. Return and refund
6.1. Return of the Goods sold by the Seller is carried out in accordance with the “Return Conditions” indicated on Site.
6.2. The Buyer does not have the right to refuse the Goods of good quality, having individually-defined properties, if the specified Goods can be used only by the Buyer acquiring it, as well as from the Goods specified in the List of non-food goods of good quality, not subject to return or exchange, approved by the Government of the Russian Federation 01/19/1998 No. 55.
6.3. To return the paid Goods, the Buyer is obliged to provide the Seller with an Application for the return of the goods and a document confirming the fact and conditions of purchase of the specified Goods.
6.4. Return goods of good quality:
6.4.1. The buyer has the right to refuse the ordered goods at any time before receiving it, and after receiving the goods - within 14 days, not counting the day of purchase. The return of the Goods of good quality is possible if their presentation, consumer properties, as well as a document confirming the fact and conditions for the purchase of the specified Goods are preserved.
6.4.2. If the Buyer refuses the Goods in accordance with clause 6.4.1. The Seller returns the value of the returned Goods to him, excluding the Seller’s expenses related to the delivery of the Goods returned by the Buyer, within 10 days from the date of receipt of the returned Goods to the Seller’s warehouse together with the return request filled by the Buyer.
6.4.3. If, at the time of the Buyer's request, a similar product is not available from the Seller, the Buyer has the right to refuse to perform this Agreement and to demand a refund of the amount paid for the specified Goods. The seller must return the amount of money paid for the returned goods within 10 days from the date of return of the Goods.
6.5. Return the goods of inadequate quality:
6.5.1. Within the warranty period, the consumer has the right to apply with his request to return the goods of inadequate quality to the manufacturer, seller or importer.
6.5.2. Under the goods of inadequate quality means a product that is defective and can not ensure the performance of their functional qualities. The received goods must comply with the description on the Site.
6.5.3. The appearance and completeness of the Goods, as well as the completeness of the entire Order can be checked by the Recipient at the time of delivery of the Goods.
6.5.4. If the Goods were transferred to the Buyer of inadequate quality and were not agreed upon in advance by the Seller, the Buyer shall have the right to use the provisions of Art. 18 “Consumer rights when deficiencies are detected in a product” of the Law on Consumer Protection.
6.5.5. Requirements for the return of the amount of money paid for the goods shall be satisfied within 10 days from the date of submission of the relevant requirement (Article 22 of the RF Law "On Protection of Consumer Rights").
6.6. Refunds are made by returning the cost of the paid Goods to the bank card. In case of cancellation or refund of a fully or partially prepaid Order, the value of the canceled Goods is returned by the Seller to the Buyer in the manner in which the Goods were paid. The method must be specified in the appropriate field of the application for the return of the goods.
7. Responsibility
7.1. For non-fulfillment or improper fulfillment of obligations assumed under the Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.
7.2. The Seller is not responsible for damage caused to the Buyer due to improper use of the Products purchased through the Site.
7.3. The Seller is released from liability for non-fulfillment or improper fulfillment of the terms of the Agreement, in particular, for violation of the terms of Delivery, if the Buyer reports false information about himself.
8. Confidentiality and protection of information
8.1. The personal data of the Buyer is processed in accordance with the Federal Law "On Personal Data" No. 152-FZ.
8.2. By providing his personal data to the Seller, the Buyer agrees to the Seller’s processing, including the purpose of the Seller fulfilling his obligations to the Buyer under this Public Offer, the Seller promoting goods and services, conducting electronic and sms surveys, monitoring the results of marketing campaigns, invitations to participate in ongoing programs to improve the quality of service, customer support, delivery of goods to customers, control of customer satisfaction, as well as the quality of services rendered Vai Seller.
8.3. Under the processing of personal data is understood any action (operation) or set of actions (operations) performed with the use of automation tools or without the use of such means with personal data, including the collection, recording, systematization, accumulation, storage, refinement (update, change) use, transfer (including transfer to third parties, not excluding a cross-border transfer, if the need arose during the performance of obligations), depersonalization, blocking, deletion, destroyed ie personal data. Read more about the procedure for exercising the rights provided for by the Federal Law No. 152 “On Personal Data” here.
8.3.1. The seller has the right to send information, including advertising messages, to the e-mail and mobile phone of the Buyer with his consent, expressed through the performance of actions uniquely identifying the subscriber and allowing him to reliably determine his will to receive the message. The Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal by informing the Seller about his refusal by phone or by sending a corresponding application to the email address of the Seller. Service messages informing the Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the Buyer.
8.3.2. The withdrawal of consent to the processing of personal data is carried out by withdrawing the acceptance of this Public Offer in the form specified here.
8.4. The seller has the right to use the technology "cookies". Cookies do not contain confidential information. The buyer hereby consents to the collection, analysis and use of cookies, including by third parties for the purpose of generating statistics and optimizing advertising messages.
8.5. The seller receives information about the ip-address of the site visitor. This information is not used to establish visitor identity.
8.6. The Seller is not responsible for the information provided by the Buyer on the Site in a generally accessible form.
8.7. The seller has the right to record telephone conversations with the Buyer. At the same time, the Seller undertakes: to prevent attempts of unauthorized access to information obtained during telephone conversations, and / or transmission to third parties who are not directly related to the execution of Orders, in accordance with paragraph 4 of Art. 16 of the Federal Law “On Information, Information Technologies and Information Protection”.
9. Validity of the Public Offer
9.1. This Public Offer becomes effective from the moment of its acceptance by the Buyer, and is valid until the withdrawal of the acceptance of the Public Offer.
10. Additional Terms
10.1. The Seller is entitled to assign or otherwise transfer his rights and obligations arising from his relationship with the Buyer to third parties.
10.2. The Seller’s website and the services provided may be temporarily partially or completely unavailable due to maintenance or other work, or for any other technical reasons. The Seller’s Technical Service has the right to periodically carry out the necessary preventive or other works with or without prior notice to the Buyers.
10.3. The relations between the Buyer and the Seller are subject to the provisions of the Russian legislation.
10.4. In case of questions and complaints from the Buyer, he is entitled to contact the Seller by phone or other available means.
10.5. The recognition by the court of the invalidity of any provision of this Agreement shall not entail the invalidity of the remaining provisions.