1.1.Individual Entrepreneur Antonov E.M., hereinafter referred to as the “Seller”, shall publish the Public Offer Agreement to sell the Goods according to the samples presented on the official website of the Seller: http://www.myakishi.ru/.
1.2. In accordance with Article 437 of the Civil Code of the Russian Federation this document shall be a public offer; and in the event of acceptance of the terms and conditions below the individual who has accepted this offer shall pay for the Goods to the Seller in accordance with the terms and conditions of this Agreement. In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation any payment for the Goods made by the Purchaser shall mean the acceptance of the offer which is deemed to be equal to the conclusion of the Agreement under the terms and conditions stipulated in the offer.
1.3. In view of the foregoing, please, read closely the text of this public offer and, if you don’t agree with any clause of this offer, you are kindly requested to refuse to purchase the Goods or use the Services rendered by the Seller.
1.4. Unless the context otherwise requires the terms below contained in this offer shall have the following meanings:
2.1. The Seller shall sell the Goods in accordance with the current price list published on the website of the Seller: http://www.myakishi.ru/; and the Purchaser shall accept and pay for the Goods in accordance with the terms and conditions of this Agreement.
2.2. This Agreement and annexes hereto shall be official documents of the Seller and constitute an integral part of the offer.
3.1. The Purchaser shall order the Goods through the website: http://www.myakishi.ru/.
3.2. When registering on the website of the Seller the Purchaser shall undertake to provide the following identification details:
3.3. When placing the Order through the Operator the Purchaser shall undertake to provide details specified in clause 3.2 hereof. The Purchaser shall accept the terms and conditions of this Agreement by entering the respective details into the registration form on the website when placing the Order through the Operator. The Purchaser shall have a right to edit his identification details. The Operator may not change or edit the Purchaser’s identification details without the consent of the latter. After approval of the selected Goods the Purchaser shall provide the required details to the Operator in accordance with the procedure established by clause 3.2 hereof.
3.4. The Seller and Operator shall not be liable for the content and reliability of the details provided by the Purchaser when placing the Order.
3.5. The Purchaser shall be liable for the reliability of the details provided when placing the Order.
3.6. Payment made by the Purchaser for the Order placed by himself/herself on the website shall mean that the Purchaser has accepted the terms and conditions of this Agreement. The date of payment for the Order shall be the date of conclusion of the Sale and Purchase Agreement between the Seller and the Purchaser.
3.7. All information materials published on the website http://www.myakishi.ru/ shall be for reference only; and they cannot provide absolutely reliable information on certain properties and characteristics of the Goods. If the Purchaser has any questions in regard to the properties and characteristics of the Goods he/she shall seek advice of the Operator before the Purchaser has placed the Order.
4.1. The lead time shall depend on the availability of the ordered positions of the Goods at the warehouse of the Seller and time necessary to process the Order. In exceptional circumstances the lead time may be discussed with the Purchaser individually depending on the characteristics and scope of the Goods ordered. In the event of unavailability of a part of the ordered Goods at the warehouse of the Seller, among other things, for the reasons beyond the control of the latter, the Seller shall have a right to exclude the specified Goods from the Order of the Purchaser. The Seller shall undertake to notify the Purchaser through the Operator about changing the completeness of his/her Order.
4.2. The Order shall be deemed to be delivered at the time of its receipt by the Purchaser.
4.3. In the event that the Purchaser has provided unreliable contact details the Seller shall not be liable for the improper execution of the Order.
4.4. In the event of the improper delivery of the Order through the fault of the Seller the redelivery of the Order shall be made without charge.
5.1. Payment for the executed Order shall be made by transferring funds to the settlement account of the Seller.
5.2. The Seller may change the price of any position of the Goods specified on the website http://www.myakishi.ru on a unilateral basis without notifying the Purchaser. In the event of changing the price of any position of the ordered Goods the Operator shall undertake to inform the Purchaser about such changes. The Purchaser may confirm or cancel the Order. In the event of the absence of communication with the Purchaser the Order shall be deemed to be cancelled after 14 calendar days from the date of its placement.
5.4. The terms and conditions for delivery of the Orders within the Russian Federation shall be specified on the website of IE Antonov E.M. http://www.myakishi.ru on the Ordering Rules page. They shall be mandatorily discussed with the Operator.
5.5.Payment shall be made by bank transfers.
6.1 The obligation of the Seller to deliver the Goods shall be deemed to be completed on the time of the receipt of the Goods by the Purchaser.
6.2. The right of ownership of the Goods and risks of accidental damage and/or loss of the Goods shall be passed to the Purchaser from the time of the actual transfer of the Goods and signing of the transport documents upon the delivery of the Goods to the Purchaser.
6.3 The terms and conditions of delivery shall be specified on the website of the Company http://www.myakishi.ru.
7.1. In accordance with paragraph 4 of Article 26.1 of Law of the Russian Federation No. 2300-1 On Protection of Consumers’ Rights the Purchaser shall have a right to refuse the ordered Goods in any time before payment therefor.
7.2. The Consumer shall have a right to refuse the ordered Goods in any time before their delivery and within seven days after their delivery.
7.3. The Purchaser may not refuse the paid Order (or its part) of proper quality with the individually determined properties in accordance with paragraph 2 of the List of Non-Food Products of Proper Quality Not Subject to Return or Replacement with the Similar Products of Other Size, Form, Dimensions, Design, Colour or Completion approved by Decree of the Government of the Russian Federation dated 19/01/1998 No. 55.
7.4. In the event that the Seller delivers the Goods of improper quality the Purchaser shall undertake to deliver the Goods to the office of the Seller as soon as possible to check the quality of the Goods.
7.5. In accordance with paragraph 4 of Article 26.1 of the Law of the Russian Federation On Protection of Consumers’ Rights the funds paid by the Purchaser for the Goods of improper quality shall be repaid to the Purchaser within 10 calendar days from the date of the respective claim. Repayment of the funds shall be made after the sender has obtained the Goods. Repayment of the funds shall be made by a bank transfer exclusive of the expenses of the Seller for the delivery of the returned Goods from the consumer. In the event that the Goods are paid through the electronic payment system the repayment of funds shall be made to the electronic account of the Purchaser within 10 business days.
7.6 The products of proper quality not subject to return in accordance with Decrees of the Government of the Russian Federation dated 20/10/1998 No. 1222, dated 06/02/2002 No. 81:
8.1. All text information and graphics placed on the website http://www.myakishi.ru shall be the property of the Seller and/or its suppliers and manufacturers of the Goods.
9.1. The Seller shall not be liable for the improper use by the Buyer of the Goods ordered on the website or through the Operator.
9.2. The Seller may transfer his rights and obligations for the execution of the Orders to third parties.
9.3. The Seller shall have a right to record telephone conversations with the Purchaser. In accordance with paragraph 4 of Article 16 of the Federal Law On Information, Information Technologies and Protection of Information the Seller shall undertake to prevent attempts of unauthorized access to information and/or its transfer to the persons not directly related to the execution of the Orders; detect and stop such actions in due time. The telephone conversations shall be recorded for the purpose of monitoring the activities of the Operator and quality control of the execution of the Orders.
9.4. Confidentiality and personal data protection
9.4.1 Provision of information by the Purchaser:
9.4.2 When registering in the online shop the Purchaser shall provide the following personal data: surname, first name, e-mail, contact telephone number, variation of the password to get access to the online shop to be stored in encrypted form, address for delivery of the Goods.
9.5. Use of information provided by the Purchaser and received by the Seller:
9.5.1. The Seller shall use information received from the Purchaser:
- to register the Purchaser in the online shop;
- to fulfil its obligations to the Purchaser;
- to assess and analyse the functioning of the online shop;
- to determine the winner of the promotion events carried out by the Seller;
- to recover the password;
- to distribute advertising messages.
9.5.2. The Seller shall have a right to send to the Purchaser advertising messages with the consent of the Purchaser about which the latter informs when subscribing to such messages. In the event that the Purchaser does not want to receive messages from the Seller the former may refuse to receive such messages in the online shop by notifying the Seller using e-mail: shop@myakishi.ru
9.5.3. Disclosure of information received by the Seller:
9.5.3.1 The Seller shall undertake not to disclose information received from the Purchaser. Provision by the Seller of information to its agents or thirds parties acting on the ground of a contract with the Seller to fulfil its obligations to the Purchaser shall not be deemed to be the violation.
9.5.3.2 Disclosure of information in accordance with the substantiated and applicable legal requirements shall not be deemed to be the violation of the obligations.
9.6. Familiarisation of the Purchaser with these Rules shall mean his/her unconditional consent to the processing of the personal data provided by the Purchaser when registering and/or placing the Order in the online shop.
9.7. The Seller shall have a right to use cookies (service text files sent by the website to the computer of the user to be stored in the browser; they are applied to store data specific for this user and used by the webserver for various purposes). Cookies don’t contain confidential information; and they shall not be transferred to third parties.
9.8. The Seller shall receive information about the IP address (a unique identifier of the device connected to the local network and/or Internet) of the visitor of the website. This information shall not be used to check the identity of the visitor.
9.9. The Seller shall not be responsible for information provided by the Purchaser on the website in a public form.
9.10. The ownership of the Order and the risk of its accidental loss or damage shall be passed to the Purchaser from the moment of the transfer of the funds to the delivery agent.
9.11. The Purchaser shall have a right to send all claims for improper execution of the Order to the Seller using e-mail specified on the website http://www.myakishi.ru on the Contact us page. All received information shall be processed as soon as possible.