Public offer

Souvenirboutique” online store Public Offer Agreement

 

  1. Definitions

1.1 In the present Agreement the terms given below have the following meanings, unless specified otherwise by the context, and are the essential part of the Agreement:

Seller – “Akvarel” OOO (Legal Address: 190000, St.-Petersburg, ul. Malaya Morskaya, d. 19, lit. A, pom. 3H, ofis 2, OGRN 1177847120330).

Customer – a physical party that has accepted the public offer under the terms of the present Agreement.

Online Store – the official online store of the Seller, Souvenirboutique, located at http://souvenirboutique.com.

Product – the subject of the Parties' Agreement, the list of goods, presented at the official online store.

Sales Regulations – “Souvernirboutique” online store sales regulations that are presented on the page, called “Payment / Delivery”, available at: http://souvenirboutique.com/dostavka-i-oplata.

Promotional Discount – a discount provided for a particular Product. The amount of a discount is shown on the page of the Product, alongside with the net price.

Promo Code Discount – a discount provided for a particular group of Products after entering a special code when ordering at Customer's Shopping Cart.

Promo Code – a special code that provides a Customer with a discount for a particular group of Products and has a validity period. In order to get Promo Code Discount, the Code shall be entered into a special field at Customer's Shopping Cart at the time of the order.

 

  1. General Provisions

2.1 The present Public Offer (hereinafter referred to as the Agreement) is the official proposal of “Akvarel” OOO to any natural person that possesses legal capability and required credentials to sign a purchase agreement with “Akvarel” OOO under the terms specified in the present Agreement and includes all the essential agreement terms.

2.2 Relations concerning consumer rights protection shall be governed by the Civil Code of the Russian Federation, the Law "On Consumer Rights Protection" and other federal laws and legal acts of the Russian Federation adopted in accordance with the Law.

 

  1. Website Registration

3.1 Only registered Customers are able to place an order at the online store.

3.2 The Seller is not responsible for accuracy and relevancy of the information given by the Customer while registering.

3.3 The Customer, registered at the online store, is provided with personal identification by receiving a username and a password. Customer personal identification prevents unauthorized activities by the third parties on behalf of the Customer and grants access to extra services. The Customer is prohibited from sharing his/her username or password.

3.4 The customer is fully responsible for all the possible negative consequences of sharing his/her username or password to the third parties.

 

  1. Subject of the Agreement and the Product Prices

4.1 The Seller provides the Customer with the Product, while the Customer receives and pays for it according to the terms of the present Agreement.

4.2 The ordered Products become the Customer's property since the moment they are delivered to the Customer and are fully paid for by the latter.

4.3 The prices of Products are set by the Seller unilaterally and shown at the online store, located at http://souvenirboutique.com.

4.4 The prices of the Products are given in Rubles.

4.5 The net price is estimated after implementing discounts in the following order:

- Promotional Discount

- Promo Code Discount

 

  1. Signing the Agreement

5.1 The text of this Agreement is a public offer (in accordance with art. 435 and part 2 of art. 437 of the Civil Code of the Russian Federation).

5.2 Offer acceptance means ordering the Product by the Customer under the terms of the present Agreement.

5.3 The Agreement, signed on the grounds of the Customer accepting the present Agreement, is an acceptance agreement that shall be adopted by the Customer without any exceptions.

5.4 The Customer's Product ordering is an outright fact of the Customer's acceptance of the terms of the Agreement. The Customer who ordered a Product at the Seller's online store is considered legally bound with the Seller on terms of the present Agreement.

 

  1. Rights and Obligations of the Parties

6.1 The Seller shall:

6.1.1 Encompass all the obligations to the Customer according to the terms of the Agreement and the laws in force, since the moment of signing the present Agreement,. The Seller has a right not to encompass the obligations under the Agreement owing to force-majeure circumstances, which are specified in clause 6 of the present Agreement.

6.1.2 Process the Customer's personal data and ensure its privacy in accordance with the current legislation.

6.1.3 By accepting the present offer the Customer expresses his/her agreement and allows “Akvarel” OOO, legal address: 190000, St.-Petersburg, ul. Malaya Morskaya, d. 19, lit. A, pom. 3H, ofis 2, OGRN 1177847120330 (hereinafter referred to as the Operator) to process his/her personal data, including surname, first name, patronymic, date of birth, gender, biometric personal data, name of employer and occupation, postal address; home, business and mobile phone numbers, e-mail address, including the collection, systematization, accumulation, storage, clarification/updating/modification, use, distribution (inclusive of transfer on the territory of the Russian Federation and cross-border transmission), depersonalization, blocking and destruction of any personal data and also passing the data to the Operator's contractors with intent of its further processing (inclusive of transfer on the territory of the Russian Federation and cross-border transmission), depersonalization, blocking and destruction of any personal data) in order to conduct research, aimed at improving the quality of service, marketing programs, statistical studies, and furthermore, in order to promote its services at the market by making direct connections with the Customer via various means of communication, including but not confined to postal mailing, e-mail, telephone, fax communication or Internet. The Customer expresses his/her agreement and allows the Operator and the Operator's contractors to process the Customer's personal data with the use of automated data-base control systems or any other programmes designed by the Operator's order. The workflow is carried out according to an algorithm prescribed by the Operator (collection, systematization, accumulation, storage, modification, use, blocking, destruction). Processing methods in use include but are not confined to: automatic verification of postcodes with the postcode base, automatic spell-check of the names of streets/localities, verification of the data with the Customer via telephone, post or Internet, segmentation of the base according to a specified criterion. If it is necessary for implementation of the objectives given in the present offer, the Customer agrees on sharing his/her personal data, received by the Operator, with the third parties, whom the Operator is able to assign with processing of the Customer's personal data on the grounds of an agreement, signed with such parties, providing that legal requirements of the Russian Federation on ensuring privacy and security while processing personal data by such third parties are satisfied. When passing the Customer's data, the Operator shall warn those, receiving the Customer's data, that the information is confidential and can only be used for the purpose it is given for, and demand that this rule is obeyed. The Customer has a right to make a query about his/her personal data, its processing and usage, and also to demand to remove, correct or update inaccurate or incomplete data by sending a written inquiry to the Operator's postal address. The Customer's agreement on processing his/her personal data is unlimited in time but can be called off by sending a written request to the Operator's postal address.

6.2 The Seller has a right to:

6.2.1 Make amendments in terms of the Agreement, the prices of the Products and related services, payment and delivery means and time limit unilaterally, publishing information about any alteration on the online store website http://souvenirboutique.com/. All the amendments come into effect immediately after their publication and are considered brought to the Customer's information instantly after that moment.

6.2.2 Record telephone conversations with the Customer. According to art. 16, para. 4 of the Federal Act “On information, information technology and information security”, the Seller shall prevent any attempts of unauthorized access to the information and/or sharing it with those who do not have direct relation to the execution of the order; detect and suppress such attempts when due.

6.2.3 Transfer his/her rights and obligations under the Agreement to the third parties without the Customer's approval.

6.2.4 Call on the Customer to settle full (100%) prepayment of the ordered Product before its delivery. The Seller has a right to refuse the Customer to deliver the Product without the latter covering the prepayment.

6.2.5 Use “cookies” technology. “Cookies” do not contain any confidential information or are distributed to the third parties.

6.2.6 Receive IP information (address of the visitor of the website http://souvenirboutique.com/). The information is not used to identify the visitor or distributed to the third parties.

6.2.7 Distribute promotional messages among the Customers via e-mail and SMS communication in order to inform the Customers about sales, discounts, new arrivals, etc. The frequency of distribution is established by the Seller unilaterally.

6.2.8 Cancel the Customer's order unilaterally due to violation of clause 6.3.3.1 of the present Agreement.

6.2.9 Alter the terms of deals published on the online store website http://souvenirboutique.com/ unilaterally without the Customer's consent by publishing the amendments on the website http://souvenirboutique.com/.

6.3 The Customer shall:

6.3.1 Review the content and terms of the Agreement and the prices of the Products, offered by the Seller at the online store, before signing the Agreement.

6.3.2 In order to make the Seller perform his/her obligations, provide the Seller with all the necessary information that unambiguously identifies him/her as the Customer and is enough to deliver the prepaid Product.

6.3.3 Pay for the Product and its delivery according to the terms of the Agreement. The list of available means of payment is published on the page called “Payment / Delivery”, which can be accessed by the following link: http://souvenirboutique.com/dostavka-i-oplata.

6.3.3.1 If the Customer chooses an electronic payment (by credit card, bank transfer or electronic payment system), he/she shall pay for the Product at the moment of its order.

6.3.4 Comply with the sales regulations.

6.3.5 Not use the Product, ordered at the online shop, for entrepreneurial activities.

6.4 The Customer has a right to:

6.4.1 Refuse receiving e-mail and SMS distribution. It can be done by cancelling the subscription in the “Subscription section in the Customer's Account.

 

  1. Delivery

7.1 The delivery is made during the period, approved by both Parties at the time of the order confirmation by the Seller, and according to the sales regulations. In case the Customer does not receive the Product during the approved period, the Seller has a right to cancel the order without informing the Customer. In case the order is prepaid, the money will be returned to the Customer during the period of time established in accordance with the legislation.

7.2 When the Product is delivered by a courier, the Customer signs the delivery register near the items that he/she has purchased. By signing the Customer confirms that he/she has no complaints with the complete set, quantity and look of the Product.

7.3 After having received the Product, the complaints about the quantity, set and look of the Product are no longer accepted.

7.4 Courier delivery can be made to the address stated in the Customer's Account. The courier can hand in the Product and settle the account only inside a building.

7.5 In case the courier delivery is made to a public place (train station, park, store, restaurant, shopping mall, etc.), the courier can hand in the Product and settle the account only in an office, otherwise the delivery can be executed only after full prepayment.

7.6 The cost of delivery is estimated when placing an order and depends on the chosen means of delivery, weight of the order and the place of delivery.

7.7 Seller is not responsible for additional customs fees of buyer's country.

 

  1. Withdrawal of the Offer.

8.1 Withdrawal of the Offer (Agreement) can be performed by the Seller at any time, though it does not imply withdrawal of the Seller's obligations in terms of already signed agreements. The Seller shall publish an announcement about the withdrawal of the Agreement on the online store website, specifying the exact time (the 4th timezone (St.-Petersburg)) of the withdrawal, no later than 12 hours before the actual withdrawal (withholding) of the Agreement.

 

  1. Force-Majeure Circumstances

9.1 The parties shall be released from the responsibility for complete or partial ignoring of their obligations under the present Agreement due to force-majeure circumstances beyond the Parties’ control, that occurred after signing the Agreement. Force-majeure circumstances mean emergency events or circumstances which neither of the Parties could foresee or prevent from happening with the use of available means. Force-majeure circumstances include strikes, floods, fire, earthquakes or other kinds of natural disasters, military actions of any kind, wars, military operations, severe measures taken by the public authorities or municipal services, and other circumstances, making impossible proper execution of provisions hereto by the Parties. Amendments of the current legislation, directly or indirectly effecting either of the Parties, are not considered as force-majeure circumstances, however, if execution of the amendments prevents either of the Parties from performing some of their obligations under the Agreement, the Parties shall immediately reach the decision on how to solve the problem in order to continue executing their duties according to the present Agreement.

 

  1. Liability of the Parties

10.1 For default or inadequate execution of obligations under the present Agreement, the Parties bear responsibility in accordance with the current legislation of the Russian Federation

10.2 All text information and graphics published at the online store have the copyright holder, illegal usage of the specified information and graphics is subject to legal prosecution in accordance with the current legislation of the Russian Federation.

 

  1. Other terms and conditions

11.1 The parties shall try to settle all the disputes, related to default or inadequate execution of obligations under the present Agreement, by carrying out negotiations.

11.2 In case the Parties fail to come to terms by negotiating, the disputes shall be subject to consideration in the courts of the Russian Federation in accordance with applicable law of the Russian Federation.