1. General Regulations
1.1. This document is a public offer of the sole trader V.V. Kharchenko (hereinafter referred to as “Seller”), and contains all essential conditions on off-take in the Internet - shop "FormaLab" (hereinafter referred to as "Shop"), where the Seller’s public offer is addressed to any physical person to make a contract of sale.
1.2. Relations in the sphere of protection of consumers are regulated by the Civil Code of the Russian Federation, the Law of the Russian Federation “On Consumer Protection” and other standard acts of the Russian Federation adopted in compliance with them.
2. Subject of the Agreement.
2.1. The subject of the present agreement is the Buyer’s purchase of the goods, presented on the site of the Shop in accordance with the prices and the purchasing terms applicable at the moment of placing the order.
3. Acceptance of the Agreement.
3.1. The offer contractual agreement is considered to be concluded after the Seller receives an e-mail message on the Buyer’s intention to purchase the goods under conditions suggested by the Seller (the order will have an identification number) and then the Buyer receives the message “Your order is accepted”.
3.2. Thereby the acceptance of the agreement signifies acquisition of goods determined by the terms of payment, mode of the goods delivery and by the system of discounts applicable at the time of the purchase.
4. Order of Acquisition of the Goods.
4.1. Procedure of the Order Placing.
4.1.1. The Buyer has a right to place an order on any item presented on the site of the Shop in compliance with procedure of the order placing.
4.1.2. After choosing the goods and reading its descriptions on the page of the goods, the Buyer adds it to the Basket by clicking the “Buy” button.
4.1.3. Following the prompts of the system, the Buyer places the order on the page Cart of the Online shop. In the process the Buyer does the following:
authorization if needed;
indication of the delivery address;
method of delivery;
choice of the payment methods;
confirmation of the order; herein the Buyer will be prompted to go to the payment section of the order.
4.1.4. To place an order the Buyer has to be registered in the system; if the Buyer is not registered, he will be suggested to undergo the procedure of the registration.
4.1.5. All information on the orders performed by the Buyer is presented in the section “Orders”.
4.2. In case there is no such goods in storage the Shop Manager is obliged to inform the Buyer (via e-mail or by the phone).
4.3. In case there is no such goods the Buyer has a right to substitute it by the similar goods or reject them by voiding an order through an e-mail.
4.4. The Buyer has a right to refuse an order at any time up to the moment of its shipping by informing the Shop through the e-mail.
5. Rights and Duties of the Parties.
5.1. The Seller’s liabilities:
5.1.1. From the moment of making this contract the Seller is to implement all liabilities towards the Buyer in full in compliance with the terms stipulated in the Shop regulations and this Agreement.
5.1.2. Neither divulge any private information received from the Buyer nor give access to this information for the third parties with the exception of the cases specified by the law or ad lib of the Buyer himself.
5.2. The Seller has a right to:
5.2.1. Unilaterally change the terms and conditions of this Agreement and the prices of the goods by placing them on the server of the Shop. All amendments come into effect immediately after the publication.
5.3. The Buyer’s liabilities:
5.3.1. Before concluding the Agreement the Buyer is to acquaint himself with the contents and conditions of this Agreement, tariffs, rules of delivery of the goods offered for sale in the Shop.
5.3.2. To enable the Seller to execute his liabilities towards the Buyer the latter is to inform all the necessary data that unambiguously identifies him as the Buyer and sufficient for the goods delivery ordered by him.
6. Responsibility of the Parties and Arbitration.
6.1. The Seller is not responsible for the order delivery if the Buyer specified the wrong address or in the absence of a postal code.
6.2. The Seller shall not bear responsibility in case the Buyer’s expectations on designer characteristics of the goods were not realized.
6.3. The Seller is released from his responsibility for partial or complete non-execution of his liabilities on the delivery of the goods should this non-execution be caused by the force majeure circumstances including, but not limited to: fire, flood, earthquake, act of war, actions and directives of the state authorities having binding force, etc.
6.4. In the event of delay in the goods delivery, the Seller is not responsible for the customer’s incurred direct/indirect profit (or other related) losses.
6.5. In case the Buyer makes the purchase in our Shop he shall be responsible for the accuracy of the information presented. He also confirms that he has learnt about the terms and conditions of the Agreement and he is agreed with them.
6.6. Both Parties bear responsibility for non-performance and/or improper execution of liabilities under this agreement in compliance with the existing legislation.
6.7. Controversial questions arising in the use of the execution of this Agreement are settled by negotiations.
6.8. In case it is impossible to settle the controversial questions by negotiations, the Parts can assert their infringed rights in order determined by legislation of the Russian Federation.
7. Limited Liability.
7.1. The Seller shall not be responsible for:
7.1.1. The information on the product got from the other sources.
7.1.2. Variations in the colour transfer of the goods.
7.1.3. Changes to the design, sizes and colour of the goods made by the producer without prior warning that do not change considerably its assignment, key features and the consumer characteristics.
8. Return of the Goods.
8.1. The Buyer has a right to reject the goods of proper quality pending 7 days after receiving it. The right to reject production of proper quality does not apply to cotton, flax, silk, wool and synthetic fabrics, ribbons, braid, lace, linen, and hosiery (Resolution of the Government of the Russian Federation dated by the 19th of January, 1988, №55).
The return of the goods of the proper quality is possible in case if:
1. the item was not in use,
2. commodity saleable condition is preserved (tags and labels containing characteristics of goods, and the producer’s original package) and consumer features,
3. a copy of the receipt on the payment of the parcel with the completed form on the return is attached.
8.2. The Seller is to return the cost of the goods within 10 days after presenting the completed form of the returned goods of proper quality. Refund of a stated sum is implemented by the Seller by the Buyer’s approbation by one of the following methods:
- 1. by cash on the Buyer’s location,
2. mail order,- 3. payment by transfer of the corresponding amount to the bank customer’s account or some other account indicated by the Buyer.
8.3. In compliance with the article 22 of the Law of the Russian Federation № 2300-I "On Protection of Consumers” the amount paid by the Buyer for the goods of improper quality is subject to repayment within 14 calendar days from the time of presentation of the reasonable demand. On some product groups the term of repayment can be increased in connection with the ascertainment of the type of the Commodity discrepancy to the established quality standards. The sum of money paid by the Buyer for the goods of improper quality is returnable only at the Seller’s office.
8.4. In case of delivery of the goods of improper quality the Buyer is to deliver the goods to the Seller’s office in short terms after purchasing to implement the quality test of the goods.
8.5. In case of defect detection of the goods in relation to which the warranty period is not determined, the Buyer has a right to make demands with regards to shortcomings of the goods in a reasonable time, however within 14 calendar days from the moment of its transfer to the Buyer, if longer terms are not set by the law or an agreement.
8.6. In case when the goods are sent to the Buyer with the delinquency of the conditions of the Agreement regarding quantity, quality, assortment, package contents and packing of the goods, the Buyer can inform the Seller about this disorder not later than 14 days after the goods were received.
8.7. Return and exchange of the goods of proper quality is possible provided its saleable condition is intact as well as consumer properties and the document certifying the fact and conditions of purchasing the goods. Return or exchange of the goods is executed only in the Seller’s office under the prior agreement with the Buyer.
8.8. To return noncash funds paid for the goods of improper quality the Buyer shall:
8.8.1. Submit an application in an arbitrary form on return of the goods specifying the date, the passport data, the surname and the reason of the return of the goods.
8.8.2. To attach documents that confirm the fact of receiving the goods to the application form.
9. The term of the Agreement.
9.1. The Agreement comes into effect from the moment of the acceptance accomplishment by the Buyer in the established order and it is in force till the Parties fulfil their commitments.
9.2. Right of property and related risks devolve from the Seller to the Buyer at the moment of placing the goods to the Carrier Company.