Terms of agreement
PUBLIC OFFER OF THE ONLINE STORE "XIAOMOXUAN" ON SALE OF GOODS.
Public offer of the XIAOMOXUAN online store for the sale of the Goods.
This offer establishes the procedure for the sale of XIAOMOXUAN trademark goods ordered through the site, regulates the relationship between the buyer and the seller in the sale of goods and provision of services in connection with such sale.
Order - an e-mail of the Buyer about his acquaintance with the sample of the goods and the intention to purchase the Goods, its delivery to the address indicated by the Buyer, or by means of self-pickup of the Goods from the XIAOMOXUAN store located at the address: 119019, Moscow, Bolshoi Afanasyevsky per., D. .41.
Online store - an Internet site owned by the Seller, located on the Internet at https://xiaomoxuan.com/, where the Goods offered by the Seller for purchase are presented, as well as the terms of payment and delivery of the Goods to the Buyer.
Buyer - an individual, a visitor to the Site, accepting the terms of this Agreement, intending to order or purchase, or ordering, purchasing the Product exclusively for personal, family, household and other needs not related to business activities.
Seller - Individual entrepreneur Shabanova Victoria Alexandrovna, OGRNIP 318505300105972, TIN 500121073504, location: 119019, Moscow, Bolshoy Afanasyevsky per., 41.
Sale of goods through the online store - the sale of Goods under a retail sale and purchase agreement, concluded on the basis of a preliminary acquaintance of the buyer with the description of the Goods offered by the seller, contained in the catalog of the online store, and direct familiarization with the sample of goods in the stationary store "XIAOMOXUAN".
Site - a set of information resources posted on the Internet at https://xiaomoxuan.com/.
Product - perfumery and cosmetic products and accessories presented for sale in the online store "XIAOMOXUAN".
1. General Provisions.
1.1. The Seller sells the Goods through a stationary store and by ordering on the store's website at https://xiaomoxuan.com/.
1.2. By ordering the Goods, 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 public offer (hereinafter referred to as the Agreement), the Buyer must immediately stop using the service and leave the site https://xiaomoxuan.com/.
1.3. These Terms of Sale of Goods, as well as information about the Goods presented in the stores of the chain and 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 enters into force (considered concluded) from the moment the Buyer sends the Order, which must indicate:
a) the full corporate name of the Seller: Individual entrepreneur Shabanova Victoria Alexandrovna, OGRNIP 318505300105972, TIN 500121073504, location: 119019, Moscow, Bolshoi Afanasyevsky per., 41;
b) address, surname, first name, patronymic, contact telephone number of the Buyer, or the person (recipient) indicated by him, the address to which the Goods should be delivered;
c) the name, quantity and price of the Goods;
2. Subject of the Agreement.
2.1. The subject of this Agreement is to enable the Buyer to purchase for personal, family, household and other needs not related to the implementation of entrepreneurial activities, the Goods presented in the stationary store and in the catalog of the store's website. This Agreement applies to all Goods and services provided by SP Shabanova V.A., as long as such offers with a description are present in the catalog of the store's website.
3. Product and order of making a purchase.
3.1. The Seller ensures the availability of the Goods presented on the Site in his warehouse. The photographs accompanying the Product are simple illustrations to it and may differ from the actual appearance of the Product. Descriptions / characteristics accompanying the Product do not claim to be exhaustive and may contain typographical errors. To clarify information on the Goods, the Buyer should contact the hotline (495) 006-40-26.
3.2. 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 about this by calling the Seller.
3.3. In case of partial or complete cancellation of a prepaid Order, the cost of the canceled Goods is returned by the Seller to the Buyer in the manner in which the Goods were paid.
3.4. The Buyer's order is made by moving the selected product to the cart, by clicking the appropriate button. After the buyer selects all the products, he needs to open the basket and click the "Checkout" button. Further, following the instructions, the Buyer must fill in all the required information, select the delivery and payment method and click on the "Place an order" or "Pay for the order" button.
3.5. At the time of placing the order, the Buyer confirms
that he is over 18 years old. The Buyer bears the risk of adverse consequences for providing incorrect information, which entailed the impossibility of the Seller's proper performance of its obligations to the Buyer.
3.6. After placing the Order on the Site, the Buyer is provided with information about the order details by sending a message to the phone number specified by the Buyer when placing the order.
4. Acquaintance with the sample of the Product and its delivery.
4.1. Delivery of orders of the XIAOMOXUAN online store is carried out by courier companies DPD, KSE, IML, RedExpress, Courier and delivery via PJSC Russian Post. Delivery is a separate service that is not an integral part of the goods purchased by the Buyer. Its execution ends at the moment the client receives the goods and pays for it.
In accordance with the Law of the Russian Federation "On Protection of Consumer Rights", perfumes and cosmetics cannot be exchanged or returned. In this regard, the purchase of goods with delivery does not give the Buyer the right to demand delivery of the purchased goods in order to replace it. Partial redemption, i.e. cancellation of part of the goods upon receipt of the order is not possible. Cancellation is possible only for the entire order.
4.2. The territory of delivery of the Goods presented on the Site is limited to the borders of the Russian Federation.
4.3. Delays in delivery are possible due to extraordinary and unavoidable circumstances.
4.4. Upon delivery, the Goods are handed over to the Buyer or a third party who has familiarized himself with the sample of the Goods and is indicated in the Order as the recipient (hereinafter the Buyer and the third party are referred to as the "Recipient"). If it is impossible to receive the Goods paid by cash by the above persons, the Goods can be handed over 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. Partial redemption, i.e. refusal from part of the Goods upon receipt of the Order is impossible. Cancellation is possible only from the entire Order as a whole.
4.5. In order to avoid cases of fraud, as well as to fulfill the obligations specified in paragraph 5. of this Agreement, upon delivery of the Goods, the person delivering it has the right to request an identity document of the Recipient, and also indicate the type and number of the document provided by the Recipient on the receipt to the Order. The Seller guarantees the confidentiality and protection of the Recipient's personal data (clause 9.3. Of the Agreement).
4.6. The ownership of the Goods passes to the Buyer from the moment the Goods are transferred and the latter pays for the full cost of the Goods.
The risk of accidental loss or accidental damage to the Goods passes to the Buyer at the time of transfer of the Goods to him and the Recipient of the Order affixing a signature in the documents confirming the delivery and familiarization with the sample. In case of non-delivery of the Goods, the Seller refunds to the Buyer the cost of the Order prepaid by the Buyer and delivery in full after receiving confirmation from the Delivery Service of the loss of the Goods or its return to the Seller's warehouse.
4.7. The cost of delivery for each Order is calculated individually, based on the region and delivery method, as well as (if necessary) the form of payment, and is indicated on the Site at the last stage of ordering.
4.8. The obligation of the Seller to transfer the Goods to the Buyer is considered fulfilled at the time of delivery of the Goods to the Recipient or receipt of the Goods from a representative of the courier company, including at self-pickup points of courier companies or at the terminals of courier companies.
Upon receipt of the Order in the courier company, the Recipient, after paying for the delivered Goods, is obliged to inspect the delivered Goods and open it in the presence of a representative of the courier company to check the Goods for compliance with the declared quantity, assortment and completeness of the Goods, as well as check the service life of the delivered Goods and the integrity of the packaging. In the event of any claims to the delivered Goods (non-investment, attachment of the Goods other than the one specified in the shipment, the difference between the delivered Goods and the sample with which the Recipient has familiarized themselves, manufacturing defects, other claims), at the direction of the Recipient, the representative of the courier company draws up an Act on revealed inconsistencies signed by the Buyer and a courier company representative. If the Recipient has not made claims in the above procedure, then the Seller is deemed to have fully and properly fulfilled his obligation to transfer the Goods. This condition does not apply to the delivery of orders to the regions of the Russian Federation, if the representative of the courier company directly refuses to open the package, because an agreement for the provision of postal services has been concluded between the Seller and the courier company.
In the event of the return of the Goods delivered by the courier company in connection with the presence of claims to the Goods, the Recipient is obliged to attach the following documents to the shipment containing the returned Goods:
application for a refund;
a copy of the report on revealed discrepancies
a copy of the payment receipt;
a copy of the list of shipment;
4.9. The recipient, who confirmed his intention to purchase the Goods by signing the transfer acceptance certificate or receipt for the delivery of the Goods, thereby confirms that he has directly familiarized himself with the sample of the Goods before making the purchase.
4.10. Acquaintance with the sample of the Goods is carried out by the Recipient in the store at the address: 119019, Moscow, Bolshoy Afanasyevsky per., 41;
4.11. When accepting the Goods from the courier, the Recipient is obliged to inspect the delivered Goods and check it for compliance with the declared quantity, assortment and completeness of the Goods, compliance with the sample of the Goods, and also check the expiration date of the delivered Goods and the integrity of the packaging. In the absence of claims to the delivered Goods, the Buyer signs in the "Delivery Receipt" and pays for the Order (in the absence of 100% advance payment). The signature in the delivery documents indicates that no claims to the Goods have been made by the Recipient and the Seller has fully and properly fulfilled his obligation to transfer the Goods.
4.12. The goods presented on the Site, as well as samples displayed in the store, at the address: Moscow, Bolshoy Afanasyevsky per., 41 for review, in terms of quality and packaging comply with GOST and TU, which is confirmed by the relevant documents (certificates, etc.) etc.).
5. The order of payment.
5.1. The price of the goods is indicated in rubles of the Russian Federation and includes value added tax.
5.2. The price of the Goods is indicated on the Site. In case of an incorrect indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about this in order to confirm the Order at the corrected price or to cancel the Order. The price of the Goods on the Site can be changed by the Seller unilaterally. In this case, the price for the Goods ordered by the Buyer is not subject to change.
5.3. Payment for the Goods by means of payment cards.
5.3.1. In accordance with the Regulations on the issue of payment cards and on transactions performed with their use, approved by the Bank of Russia No. 266-P on 24.12.2004, transactions with bank cards are performed by the cardholder or a person authorized by him.
5.3.2. Bank card transactions are authorized by the bank. If the bank has reason to believe that the operation is fraudulent, then the bank has the right to refuse to carry out this operation.
5.4. The Seller has the right to provide discounts on Products and establish a bonus program. The types of discounts, bonuses, the procedure and conditions for accrual are indicated on the Site and can be changed by the Seller unilaterally.
6.Return of goods and money.
6.1. Return of goods of proper quality.
6.1.1. Perfumery and cosmetic products cannot be returned or exchanged in accordance with the Decree of the Government of the Russian Federation of January 19, 1998 No. 55.
6.2. Return of goods of inadequate quality.
6.2.1. An inadequate product is a product that contains defects. A lack of a product is a non-compliance with its mandatory requirements provided for by law, or the terms of the Agreement, or the purposes for which this kind of Product is usually used, or the purposes of which the Seller was informed by the Buyer when concluding the Agreement.
The received Product must correspond to the description on the Site. The difference in design or decoration elements from the description declared on the Site is not a sign of inadequate quality.
6.2.2. The appearance and completeness of the Goods, as well as the completeness of the entire Order, must be checked by the Buyer at the time of delivery of the Goods in accordance with clause 5.8 of this Agreement.
6.2.3. Upon delivery of the Goods, the Buyer puts his signature on the delivery receipt, which confirms the fact of familiarization with the sample of the goods, complete completeness and the absence of claims to the quantity and appearance of the goods. After receiving the Goods, claims for external defects of the goods, their quantity, completeness and presentation are not accepted.
6.2.4. If the Buyer was given the Product of inadequate quality and otherwise was not previously agreed by the Seller, the Buyer has the right to use the provisions of Article 18 of the Law of the Russian Federation of 07.02.1992 No. 2300-1 "On Protection of Consumer Rights" (hereinafter referred to as the Law on Protection of Consumer Rights).
6.2.5. Claims for the return of the amount of money paid for the goods are subject to satisfaction within 10 days from the date of the corresponding demand.
6.3. Refunds are made by returning the cost of the paid Goods to a bank card.
7.1. The Seller is not responsible for damage caused to the Buyer as a result of improper use of the Goods purchased in the online store.
8. Confidentiality and information protection.
8.1. The Buyer's personal data is processed in accordance with Federal Law No. 152-FZ dated 27.07.2006 "On Personal Data".
8.2. When registering on the Site, the Buyer provides the following information: Last name, First name, contact phone number.
8.3. By providing his personal data to the Seller, the Buyer agrees to their processing by the Seller, while including for the purpose of promoting goods and services by the Seller, as well as the transfer of personal data to third parties involved by the Seller to fulfill obligations to the Buyer under the Agreement.
By entering into this Agreement subject to the delivery of the Goods, the Buyer becomes the beneficiary of the services for the delivery of the Goods. The contract for the delivery of the Goods to the Buyer is concluded by the Seller in the interests and at the initiative of the Buyer. The Buyer agrees to the transfer of personal data to the transport company in order to deliver the Goods to the Buyer, and also agrees that on the basis of clause 5 of part 1 of Article 6 of the Federal Law of July 27, 2006 N 152-FZ No. "On Personal Data" personal data for the specified delivery purposes is not required.
8.4. The Seller uses the Buyer's personal data:
to fulfill their obligations to the Buyer;
to evaluate and analyze the work of the Site;
to determine the winner in promotions conducted by the Seller.
8.4.1. The Seller has the right to send informational, including advertising messages to the Buyer's mobile phone. The buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal. Service messages informing the Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the Buyer.
8.5. The Seller is not responsible for the information provided by the Buyer on the Site in a public form.
9. Additional Terms.
9.1. The Seller has the right to assign or in any other way transfer his rights and obligations arising from his relationship with the Buyer to third parties.
9.2. The online store and the services provided may be temporarily partially or completely unavailable due to maintenance or other work or for any other technical reasons. The technical service of the Seller has the right to periodically carry out the necessary preventive or other work with or without prior notice to the Buyers.
9.3. The provisions of Russian legislation apply to the relationship between the Buyer and the Seller.
9.4. In the event of any questions and claims from the Buyer, he must contact the Seller by sending a message by phone, e-mail, or in any other available way. The parties will try to resolve all disputes that arise through negotiations; if an agreement is not reached, the dispute will be referred to a judicial authority in accordance with the current legislation of the Russian Federation.
9.5. The recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.