Public offer
GENERAL PROVISIONS
1.1. SELLER - INDIVIDUAL ENTREPRENEUR BOBNEVA TATYANA ALEKSEEVNA (INN 081600377330; ADDRESS: 358003, REPUBLIC OF KALMYKIA, ELISTA, 2ND MICRODISTRICT, HOUSE 35, APARTMENT 39, PHONE: +7 (909) 663-70-94, E-MAIL: DATETHELABEL@GMAIL.COM).
1.2. BUYER - ANY NATURAL OR LEGAL ENTITY WHO HAS PLACED AN ORDER TO PURCHASE GOODS FROM THE SELLER IN THE PROCEDURE ESTABLISHED IN SECTION 3 OF THE OFFER. BUYER-CONSUMER - AN NATURAL ENTITY WHO PURCHASES GOODS FOR PERSONAL, FAMILY, HOUSEHOLD AND OTHER NEEDS THAT ARE NOT RELATED TO HIS BUSINESS ACTIVITIES.
1.3. BUYER - ANY NATURAL OR LEGAL ENTITY WHO HAS PLACED AN ORDER TO PURCHASE GOODS FROM THE SELLER IN THE PROCEDURE ESTABLISHED IN SECTION 3 OF THE OFFER. BUYER-CONSUMER - AN INDIVIDUAL WHO PURCHASES A GOOD FOR PERSONAL, FAMILY, HOUSEHOLD AND OTHER NEEDS THAT ARE NOT RELATED TO HIS ENTREPRENEURIAL ACTIVITIES.
1.4. OFFER - A PUBLIC OFFER OF THE SELLER TO ANY PERSON TO CONCLUDE A SALE AND PURCHASE AGREEMENT FOR THE GOODS ON ITS TERMS (HEREINAFTER - THE AGREEMENT). THE OFFER IS PUBLIC (CLAUSE 2 OF ARTICLE 437 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION). THE OFFER COMES INTO FORCE FROM THE MOMENT OF ITS POSTING ON THE WEBSITE OF THE ONLINE STORE AT THE ADDRESS: HTTP://DATETHELABEL.COM/ AND IS VALID UNTIL IT IS REVOKED. THE SELLER HAS THE RIGHT TO CHANGE OR REVOKE THE OFFER UNILATERALLY. ALL CHANGES COMES INTO FORCE AND ARE CONSIDERED TO BE NOTIFIED TO THE BUYER AT THE MOMENT OF POSTING ON THE SPECIFIED INTERNET PAGE. ORDERS THAT HAVE ALREADY BEEN PLACED AT THE TIME OF CHANGING OR WITHDRAWAL OF AN OFFER ARE FULFILLED UNDER THE TERMS OF THE OFFER THAT WAS IN EFFECT AT THE TIME THEY WERE PLACED.
SUBJECT OF THE AGREEMENT
2.1. THE SELLER AGREE TO TRANSFER TO THE BUYER, AND THE BUYER AGREE TO PAY FOR AND ACCEPT THE GOODS ORDERED UNDER THE TERMS OF THE OFFER IN THE ONLINE STORE.
2.2. GOODS - ANY GOODS THAT THE SELLER OFFERS FOR SALE ON THE WEBSITE OF THE ONLINE STORE USING A CATALOG WITH THE NAMES OF THE GOODS POSITIONS WHICH ARE PROVIDED WITH ITS DESCRIPTION (INCLUDING PRICE, INFORMATION ON THE COMPOSITION, ETC.) AND PHOTOGRAPHS. THE CURRENT VERSION OF THE CATALOGUE IS POSTED ON THE WEBSITE OF THE ONLINE STORE AT THE ADDRESS: HTTP://DATETHELABEL.COM/.
ALL PRODUCTS ARE NON-FOOD.
PLACING AN ORDER
3.1. THE ACCEPTANCE OF THE OFFER IS THE MOMENT WHEN THE BUYER PLACES AN ORDER FOR THE GOODS FROM THE SELLER. FROM THIS MOMENT ON, THE AGREEMENT IS DEEMED TO BE CONCLUDED.
3.2. THE BUYER CAN PLACE AN ORDER BY PHONE OF THE ONLINE STORE DURING ITS WORKING HOURS OR INDEPENDENTLY ON ITS WEBSITE USING THE ORDER FORM. AN ORDER CAN BE PLACED FOR ANY GOOD FROM THE CATALOGUE ON THE WEBSITE OF THE ONLINE STORE AT THE ADDRESS: HTTP://DATETHELABEL.COM/, WHICH IS AVAILABLE IN THE SELLER'S WAREHOUSE.
3.3. TO PLACE AN ORDER, THE BUYER REGISTERS ON THE WEBSITE OF THE ONLINE STORE HIMSELF OR IS REGISTERED BY THE ONLINE STORE MANAGER WHEN ACCEPTING AN ORDER BY PHONE.
3.4. WHEN PLACING AN ORDER, THE BUYER PROVIDES THE SELLER WITH HIS FULL NAME (FULL NAME, NAME), CONTACT PHONE NUMBER AND E-MAIL ADDRESS, DELIVERY ADDRESS OF THE GOODS (RESIDENTIAL ADDRESS), AND METHODS OF PAYMENT FOR THE ORDER.
3.5. WHEN PLACING AN ORDER, THE BUYER INDEPENDENTLY SELECTS THE PRODUCT PURCHASED FROM THE SELLER BY MODEL, COLOR, SIZE. THE SELLER IS NOT RESPONSIBLE FOR INCORRECTLY PROVIDED PRODUCT COLOR, SIZE, MODEL WHEN PLACING AN ORDER BY THE BUYER.
3.6. THE ORDER IS CONSIDERED TO BE PLACED AND THE OFFER AGREEMENT CONCLUDED AT THE TIME OF:
• CLICKING THE "PLACE AN ORDER" BUTTON AT THE LAST STAGE OF PLACING AN ORDER - WHEN PLACING AN ORDER INDEPENDENTLY ON THE ONLINE STORE WEBSITE. WITHIN 4 (FOUR) WORKING HOURS FROM THE MOMENT THE ORDER IS PLACED, THE ONLINE STORE MANAGER CONTACTS THE BUYER BY PHONE OR MESSENGER TO CONFIRM THE AVAILABILITY OF THE GOODS, PROVIDE THE ORDER NUMBER AND AGREE ON ITS DELIVERY;
• ORAL CONFIRMATION OF THE ORDER TO THE ONLINE STORE MANAGER BY PHONE - WHEN ORDERING BY PHONE. AN ORDER IS CONSIDERED CONFIRMED AFTER THE MANAGER HAS CONFIRMED THE AVAILABILITY OF THE ORDERED GOODS AND THE COST OF THE ORDER, RECORDED ALL THE INFORMATION REQUIRED FOR DELIVERY AND INFORMED THE BUYER OF THE ORDER NUMBER.
3.7. IN CONFIRMATION OF THE ORDER AND CONCLUSION OF THE AGREEMENT UNDER THE TERMS OF THE OFFER, THE SELLER SENDS THE DATE AND NUMBER OF THE PLACED ORDER BY EMAIL AND SMS MESSAGE TO THE EMAIL ADDRESS AND PHONE NUMBER PROVIDED BY THE BUYER.
3.8. BY PLACING AN ORDER, THE BUYER CONFIRMS THAT:
• IS A LEGALLY CAPABLE CITIZEN OR A REPRESENTATIVE OF A LEGAL ENTITY AUTHORIZED TO ORDER THE GOODS;
• HAS BEEN FAMILIAR WITH THE CURRENT VERSION OF THE OFFER AND AGREE WITH ITS TERMS;
• ASSUMS THE COMMITMENT TO PAY FOR AND ACCEPT THE ORDERED GOODS;
• HAS PROVIDED CORRECT INFORMATION WHEN REGISTERING ON THE ONLINE STORE WEBSITE AND PLACING AN ORDER;
• TRANSFERS TO THE SELLER FOR PROCESSING FOR THE PURPOSES OF CONCLUDING AND EXECUTING THE AGREEMENT HIS PERSONAL DATA: FULL NAME, PHONE NUMBER, E-MAIL ADDRESSES AND DELIVERY OF GOODS (FOR A CITIZEN BUYER) (CLAUSE 5, PART 1, ARTICLE 6 OF THE LAW ON PERSONAL DATA);
• GIVES CONSENT TO THE PROCESSING OF THE TRANSMITTED PERSONAL DATA FOR THE PURPOSE OF SENDING HIM ADVERTISING MESSAGES ABOUT THE PRODUCT, CONDUCTING SURVEYS AND PRIZE DRAWINGS AMONG BUYERS, AND MONITORING BUYER SATISFACTION (FOR A CITIZEN BUYER) (CLAUSE 1, PART 1, ARTICLE 6 OF THE PERSONAL DATA LAW). THE BUYER HAS THE RIGHT TO REVOKE CONSENT BY NOTIFYING THE SELLER IN WRITING AT THE ADDRESS SPECIFIED ON THE WEBSITE: HTTP://DATETHELABEL.COM/;
• GIVES PRELIMINARY CONSENT TO RECEIVE ADVERTISING AND INFORMATIONAL MESSAGES IN THE FORM OF EMAIL MAILINGS AND SMS MESSAGES TO THE EMAIL ADDRESS AND PHONE NUMBER PROVIDED DURING REGISTRATION IN THE ONLINE STORE (PART 1 OF ARTICLE 18 OF THE ADVERTISING LAW). THE BUYER HAS THE RIGHT TO REVOKE CONSENT BY NOTIFYING THE SELLER IN WRITING AT THE ADDRESS SPECIFIED ON THE WEBSITE: HTTP://DATETHELABEL.COM/.
ORDER COST AND PAYMENT
4.1. ORDER COST CONSISTS OF THE PRICE OF THE GOODS AND THE COST OF ITS DELIVERY, WHICH ARE DETERMINED BY THE SELLER UNILATERALLY. IF THE SELLER HAS CHANGED THE PRICE OF THE GOODS OR THE COST OF DELIVERY AFTER PLACING THE ORDER, THE ORDER IS PAID AT THE COST AT THE TIME OF ITS PLACEMENT.
4.2. THE PRICE OF THE GOODS IS DETERMINED BY THE CATALOGUE ON THE WEBSITE OF THE ONLINE STORE AT THE ADDRESS: HTTP://DATETHELABEL.COM/.
4.3. THE COST OF DELIVERY IS NOT INCLUDED IN THE PRICE OF THE GOODS AND IS PAID SEPARATELY.
4.4. THE BUYER MAY PAY FOR THE ORDER BY BANK TRANSFER OR OTHER METHOD NOT PROHIBITED BY THE LEGISLATION OF THE RUSSIAN FEDERATION. THE METHOD OF PAYMENT IS AGREED BY THE PARTIES WHEN PLACING THE ORDER.
4.5. WHEN PAYING IN CASH, THE BUYER PAYS THE COST OF THE ORDER AT THE TIME OF TRANSFER OF THE GOODS. THE SELLER ISSUES THE BUYER A CASH RECEIPT OR OTHER DOCUMENT CONFIRMING PAYMENT FOR THE GOODS.
4.6. IN CASHLESS PAYMENT THE BUYER SHALL MAKE A FULL PREPAYMENT FOR THE ORDER WITHIN 24 HOURS OF PLACING IT, BUT NOT LATER THAN 3 HOURS BEFORE THE START OF THE AGREED TIME INTERVAL FOR ORDER DELIVERY. THE BUYER'S OBLIGATION TO PAY FOR THE ORDER IS DEEMED TO BE FULFILLED AT THE TIME OF RECEIPT OF THE FULL PREPAYMENT AMOUNT TO THE SELLER'S CURRENT ACCOUNT. IF PAYMENT IS NOT RECEIVED WITHIN THE SPECIFIED TIME PERIOD, THE ORDER IS DEEMED TO BE CANCELLED, WHICH THE SELLER SHALL NOTIFY THE BUYER BY EMAIL AND SMS MESSAGE.
RULES FOR CONDUCTING SALES, PROMOTIONS, ADVERTISING
5.1. THE SELLER HAS THE RIGHT, AT ITS OWN DISCRETION AND WITHIN THE TIME PERIODS SET BY HIM, TO CONDUCT ADVERTISING, A SALE OF GOODS, PROMOTIONS FOR THE ASSORTMENT OF GOODS INDEPENDENTLY SELECTED AND ESTABLISHED BY HIM.
5.2. THE BUYER IS RESPONSIBLE TO MONITOR INFORMATION ABOUT ADVERTISING, A SALE OF GOODS, AND A PROMOTION FOR GOODS INDEPENDENTLY.
5.3. THE PERIOD OF ADVERTISING, SALE, PROMOTION STARTS TO EXPIRE FROM THE MOMENT WHEN THE CORRESPONDING ADVERTISING, INFORMATION ABOUT THE SALE, PROMOTION APPEARED IN ONE OR MORE SOURCES: ON THE SELLER'S OFFICIAL WEBSITE, ON SOCIAL NETWORK PLATFORMS, IN MESSENGERS, IN A NOTIFICATION RECEIVED BY THE BUYER.
5.4. THE PERIOD OF ADVERTISING, SALE, PROMOTION ENDS AT THE MOMENT WHEN THE CORRESPONDING ADVERTISING, SALE INFORMATION, PROMOTION IS REMOVED FROM THE SELLER'S OFFICIAL WEBSITE, FROM SOCIAL NETWORK PLATFORMS, FROM MESSENGERS OR WHEN SUCH INFORMATION IS RECEIVED BY THE BUYER VIA NOTIFICATION. IN THIS CASE, THE PERIOD OF COMPLETION OF ADVERTISING, SALE, PROMOTION IS DEEMED TO HAVE ARRIVED AT THE MOMENT WHEN ONE OF THE ABOVE CIRCUMSTANCES HAS EARLIER ARISEN.
5.5. THE SELLER IS NOT RESPONSIBLE FOR CASES WHEN THE BUYER HAS NOT INDEPENDENTLY TRACKED INFORMATION ABOUT THE START AND END OF ADVERTISING, SALE OF PRODUCTS, PROMOTION ON PRODUCTS.
5.6. WHEN THE SELLER CONDUCTS A SALE OF PRODUCTS, PROMOTION ON PRODUCTS AND THE BUYER PLACES AN ORDER DURING THIS PERIOD, THE RULES FOR RETURN OF PRODUCTS ESTABLISHED IN CLAUSE 7.3 OF THE OFFER AGREEMENT DO NOT APPLY, THE PRODUCT IS NOT SUBJECT TO RETURN, ONLY EXCHANGE OF PRODUCTS FOR ONE AGREED BY THE PARTIES IS POSSIBLE.
DELIVERY OF GOODS
6.1. THE SELLER DELIVERS THE GOODS WITHIN THE TIME AGREED WITH THE BUYER WHEN CONFIRMING THE ORDER IN ONE OF THE FOLLOWING WAYS:
- BY COURIER TO THE BUYER'S ADDRESS,
- TO THE ORDER PICK-UP POINT,
- TO THE BUYER'S RESIDENTIAL ADDRESS (LOCATION),
- BY TRANSFERRING THE GOODS AT THE SELLER'S LOCATION.
6.2. WHEN RECEIVING THE GOODS, THE BUYER MUST PROVIDE THE COURIER OR PICKUP POINT MANAGER WITH THE ORDER NUMBER AND SHOW AN IDENTITY DOCUMENT. IF THE BUYER IS A LEGAL ENTITY, ITS REPRESENTATIVE SHALL PRESENT A POWER OF ATTORNEY TO RECEIVE THE GOODS AND A DOCUMENT CERTIFYING ITS IDENTITY.
6.3. OWNERSHIP OF THE GOODS PASSES TO THE BUYER AT THE MOMENT OF ACTUAL TRANSFER OF THE GOODS TO HIM, PROVIDED THAT THEY ARE PAYED IN FULL.
6.4. IF THE BUYER DOES NOT APPEAR TO PICK UP THE GOODS AT THE PICK UP POINT AT THE TIME AGREED WHEN PLACING THE ORDER OR DOES NOT PERFORM OTHER ACTIONS REQUIRED TO ACCEPT THE GOODS, THE SELLER WILL DELIVERY THE GOODS AGAIN, AT A NEW TIME AGREED WITH THE BUYER BY PHONE. THE BUYER WILL BE CHARGED FOR REPEATED DELIVERY.
6.5. THE SELLER SHALL NOT BE LIABLE TO THE BUYER FOR NON-DELIVERY OR LONG DELIVERY OF THE GOODS IN THE EVENT THAT SUCH CIRCUMSTANCES ARISE NOT THROUGH THE FAULT OF THE SELLER, BUT THROUGH THE FAULT OF THE CARRIER.
ORDER CHANGE AND REFUSAL
7.1. IF, AFTER PLACING AN ORDER, THE SELLER DISCOVERS THAT THE ORDERED GOODS OR THE REQUIRED QUANTITY OF THEM ARE NOT AVAILABLE IN STOCK, THEN THE SELLER SHALL IMMEDIATELY NOTIFY THE BUYER BY PHONE. THE BUYER HAS THE RIGHT TO REPLACE THE MISSING GOODS WITH A SIMILAR ONE OR REFUSE THE ORDER IN FULL OR ONLY IN PART OF THE MISSING GOODS. IN THIS CASE, THE SELLER IS RELEASED FROM ANY LIABILITY IN CONNECTION WITH SUCH CIRCUMSTANCES.
7.2. THE BUYER HAS THE RIGHT TO REFUSE THE ORDER IN FULL OR IN PART BY PHONE OR EMAIL AT ANY TIME BEFORE ITS DELIVERY. PAYMENT FOR SUCH ORDER (OR PART OF THE ORDER) IS NOT MADE. IF A BUYER WHO IS NOT A CONSUMER HAS DECLARED A COMPLETE REFUSAL OF THE ORDER AT THE TIME WHEN THE ORDER HAS ALREADY BEEN SUBMITTED FOR DELIVERY, THEN THEN THEY MUST PAY THE PREVIOUSLY AGREED COST OF DELIVERY OF THE ORDER.
7.3. IF THE BUYER REFUSES A PREPAID ORDER IN THE PROCEDURE PROVIDED IN PARTS 7.1, 7.2 OF THE OFFER, THE SELLER SHALL REFUND THE AMOUNT PAID FOR THE ORDER (AND IN THE CASE OF A PARTIAL REFUSAL, THE AMOUNT EQUIVALENT TO THE COST OF THE ORDER REFUSED BY THE BUYER) TO THE SAME BANK DETAILS FROM WHICH IT WAS RECEIVED BY THE SELLER, OR TO OTHER DETAILS WHICH THE BUYER NOTIFIES THE SELLER IN WRITING. REFUND IS MADE WITHIN 7 (SEVEN) WORKING DAYS FROM THE DATE OF ORDER REFUSAL.
7.4. BY AGREEMENT WITH THE SELLER, THE BUYER HAS THE RIGHT TO CHANGE THE ORDER NO LATER THAN 24 HOURS BEFORE THE START OF THE AGREED DELIVERY TIME INTERVAL. IF THE ORDER IS PREPAID, THE SELLER ADJUSTS ITS PRICE AND INFORMS THE BUYER OF THE AMOUNT THAT NEEDS TO BE PAYED, OR RETURN THE OVERPAYMENT TO THE BUYER'S ACCOUNT IN THE PROCEDURE PROVIDED IN CLAUSE 7.3 OF THE OFFER.
OTHER PROVISIONS
8.1. THE SELLER IS RELEASED FROM LIABILITY IN THE EVENT OF FORCE MAJEURE. THE PARTIES HAVE DETERMINED THAT SUCH CIRCUMSTANCES ARE: EXTRAORDINARY, UNFORESEEN AND UNREMOVABLE BY ANY OF THE PARTIES IN ADVANCE, CIRCUMSTANCES THAT COULD NOT BE EXPECTED OR AVOIDED OR OVERCOME (NATURAL DISASTERS, STATES OF EMERGENCY INTRODUCED BY STATE AUTHORITIES, MILITARY ACTIONS, ETC.), THAT IMPEDE THE FULFILLMENT OF THE TERMS OF THIS OFFER AGREEMENT, AS WELL AS CIRCUMSTANCES BEYOND THE CONTROL OF THE PARTIES. THIS OFFER AGREEMENT (DELIVERY OF GOODS BY COURIER SERVICES OR RUSSIAN POST, ACTIONS (INACTION) OF CONTRACTORS, SERVICE PROVIDERS, FAILURES OF AUTOMATED SYSTEMS OF THE SITE, ETC.).
8.2. STATEMENTS, NOTICES, NOTICES, DEMAND OR OTHER LEGALLY SIGNIFICANT MESSAGES WITH WHICH THE LAW OR THIS OFFER AGREEMENT RESULTS IN CIVIL CONSEQUENCES FOR THE PARTIES, WILL ENDURE SUCH CONSEQUENCES FOR THIS PARTY FROM THE MOMENT OF DELIVERY OF THE CORRESPONDING MESSAGE TO IT OR ITS REPRESENTATIVE. THE MESSAGE IS DEEMED TO BE DELIVERED AT THE MOMENT OF RECEIPT TO THE PARTY VIA A SOURCE (SOCIAL NETWORK PLATFORM, THE WEBSITE HTTP://DATETHELABEL.COM/), MESSENGERS, SMS NOTIFICATIONS TO THE PHONE NUMBER SPECIFIED BY THE PARTY, AND IN CASES IF IT WAS RECEIVED BY THE PERSON TO WHOM IT WAS SENT (THE ADDRESSEE) VIA RUSSIAN POST OR COURIER DELIVERY SERVICE, AT THE ORDER PICK-UP POINT, BUT DUE TO CIRCUMSTANCES DEPENDENT ON HIM, IT WAS NOT DELIVERED TO HIM OR THE ADDRESSEE HAS NOT REVIEWED IT.
8.3. THE SELLER IS DEEMED TO HAVE RECEIVED A LEGALLY SIGNIFICANT MESSAGE ONLY IF IT IS SENT VIA A SOURCE (SOCIAL MEDIA PLATFORM, HTTP://DATETHELABEL.COM/ WEBSITE) OR TO THE ADDRESS SPECIFIED ON THE HTTP://DATETHELABEL.COM/ WEBSITE.
8.4. ALL DISPUTES AND DISAGREEMENTS ARE REGULATED BY THE PARTIES THROUGH NEGOTIATIONS. IF DISPUTES ARE NOT RESOLVED THROUGH NEGOTIATIONS, THE PARTIES SHALL RESOLVED THE CLAIMS ARISING FROM THE OFFER AGREEMENT IN THE CLAIM PROCEDURE. THE PERIOD FOR RESPONSE TO A CLAIM IS 10 (TEN) BUSINESS DAYS, WHICH STARTS TO EXPIRE FROM THE NEXT BUSINESS DAY AFTER THE DAY OF RECEIPT OF THE CLAIM. IN THE EVENT OF DISPUTES NOT RESOLVED BY NEGOTIATIONS AND BY CLAIM PROCEDURE, THE DISPUTE IS SUBMITTED TO COURT FOR RESOLUTION IN ACCORDANCE WITH THE LEGISLATION OF THE RUSSIAN FEDERATION.
8.5. IN ALL OTHER MATTER NOT COVERED BY THIS OFFER AGREEMENT, THE PARTIES ARE GUIDED BY THE LEGISLATION OF THE RUSSIAN FEDERATION. OTHER PROVISIONS
