RULES AND PUBLIC OFFER
Visitor - a person who visits the Site https://notforsalestudio.com without the purpose of placing an order.
User - an individual, a visitor to the Site, accepting the terms of this Agreement and wishing to place Orders in the online store notforsalestudio.com
Buyer - the User who placed the Order in the online store notforsalestudio.com
Seller — IP Scribo Natalya Pavlovna TIN 781901322661 OGRNIP 317784700316407 190068 St. Petersburg, Kryukov Canal Embankment, 25, apt. 1
account 40802810902100000276
BBR Bank (JSC) Moscow
c/c 30101810745250000769
BIC 044525769
Online store - an Internet site owned by the Seller, located on the Internet at: https://notforsalestudio.com, where the Goods offered by the Seller for purchase are presented, as well as the terms of payment and transfer of the Goods to the Buyers.
Website — https://notforsalestudio.com
Goods - clothes, shoes, accessories and other goods offered for sale on the Site.
Order - a duly executed request of the Buyer for the purchase and delivery to the specified address of the Buyer or through self-delivery of the Goods selected on the Site.
1. General Provisions
1.1. The Seller sells the Goods through the online store at https://notforsalestudio.com
1.2. When ordering Products through the Online Store, the User agrees to the terms of sale of the Products set forth below (hereinafter referred to as the Terms of Sale of Products). In case of disagreement with this agreement (hereinafter referred to as the Agreement / Public Offer), the User is obliged to immediately stop using the service and leave the Site.
1.3. These Terms of Sale of Goods, as well as information about the Goods presented on the Site, are a public offer in accordance with Art. 435 and paragraph 2 of Art. 437 of the Civil Code of the Russian Federation, addressed to capable individuals.
1.4. The public offer is recognized as accepted by the Visitor / User / Buyer completely and unconditionally, without any exceptions and restrictions, by performing the actions provided for in the Agreement. By using the Site, the Visitor / User / Buyer confirms that they are familiar with the terms of this Offer and other agreements posted on the Site and governing the relationship between the Parties. At the same time, visiting the Site (without registering and placing an Order) confirms acceptance of the conditions set forth in clauses 9, 11, 13 of the Agreement.
1.5. Amendments (additions) to this Agreement are made by the Seller unilaterally. Notification of Visitors/Users/Buyers of changes (additions) to this Agreement is carried out by posting a new version of the Agreement on the Site. All changes and additions come into force and become binding on all Buyers from the moment the new version of the Agreement is posted on the Site.
1.6. By informing the Seller of his e-mail and phone number, the Site Visitor/User/Buyer agrees to the use of the specified contact details by the Seller, as well as third parties involved by him for the purpose of fulfilling obligations to the Site Visitors/Users/Buyers, to transfer the order for delivery, as well as other information directly related to the fulfillment of obligations by the Buyer under this Agreement.
2. Subject of the agreement
2.1. The subject of this Agreement is to provide the Buyer with the opportunity to purchase for personal, family, household or other needs, not related to the implementation of entrepreneurial activities, the Goods presented in the catalog of the online store.
2.2. This Agreement applies to all types of Goods presented on the Site, as long as such offers with a description are present in the catalog of the online store.
3. Making and accepting an order
3.1. The Order is placed by the Buyer independently by adding the selected Goods to the cart, filling in all the fields of the Order form indicating information about the method of payment and delivery of the Goods.
3.2. After placing the Order on the Site, the Buyer is provided with confirmation of the Order by sending an electronic message to the address specified by the Buyer during registration, or verbally or in the form of a message by phone specified by the Buyer during registration (at the Buyer's choice). The Seller's manager servicing this Order has the right to contact the Buyer to clarify the details of the Order. The Order is considered accepted by the Seller after sending the Order confirmation. To clarify additional information about the Goods, the Buyer can also contact the Seller by e-mail, address: info@notforsalestudio.com, or by phone 8 952 221 50 15.
3.3. Information materials for the Goods presented on the Site are for reference only and cannot be taken as a guarantee of the presence of the described properties and characteristics of the Goods. Some Products displayed on the Site may have minor defects. When confirming the Order for this Product, the Seller undertakes to notify of such a defect. In case of detection of defects, the Seller reserves the right for the Buyer to agree to purchase the Goods with defects or refuse to purchase. If the Buyer agrees to purchase the Goods with a defect, the Buyer is not entitled to demand the return, replacement, repair of the Goods in connection with such a defect.
3.4. The Seller reserves the right not to accept the Order in cases where the Seller cannot receive payment from the Buyer for reasons beyond the control of the Seller, if the ordered Goods are not available, if the Buyer has provided false or incomplete information necessary for the execution of the Order.
3.5. If the Seller discovers a clear and significant error in indicating the cost of the Goods, then immediately notifies the Buyer of this fact. If the Buyer issued and paid for the Goods that have the wrong price, the Seller undertakes to notify the Buyer of the impossibility to fulfill the Order or part of it by e-mail or by phone and return the amount paid in full. The Buyer, acting in good faith, is not entitled to derive unreasonable benefits from an obvious technical or other error in the price of the goods or in its description, as well as due to the circumstances set forth in clause 3.3 of the Agreement.
3.6. The retail sale contract is considered concluded from the moment the Seller issues the Buyer a cash or sales receipt or other document confirming payment for the Goods.
Product price and payment procedure
4.1. The Seller has the right to change the price of the Goods unilaterally without notice. However, the price of the Goods cannot be changed after the Order has been accepted from the Buyer.
4.2. Prices for the Goods presented on the Site are indicated in rubles of the Russian Federation (including VAT).
4.3. Payment for goods on the Site is made in one of the following ways:
- online payment through the Site is made in a non-cash manner using a bank card,
- at the point of issue of the Goods - in cash or by bank transfer using a bank card.
The Seller has the right to clarify the conditions on possible methods of payment for the Goods (depending on the place of delivery and payment for the Order), as well as to impose restrictions on the quantity and / or cost of the Goods available for ordering without prepayment. The relevant information is brought to the attention of the Buyer when placing an Order.
4.4. Features of payment for the Goods using bank cards:
4.4.1. Payment through electronic payment systems is carried out taking into account the requirements and restrictions established by the current legislation.
Payment for the Goods can be made through the SAMSUNG PAY, GOOGLE PAY, APPLY PAY systems, as well as with VISA International, MasterCard World Wide, Maestro and MIR bank cards.
4.4.2. In accordance with the Bank of Russia Regulation No. 266-P dated December 24, 2004 “On the Issuance of Bank Cards and Transactions Made with the Use of Payment Cards”, bank card transactions are carried out by the cardholder or a person authorized by him.
4.4.3. Bank card transactions are authorized by the bank. If the bank has reason to believe that the operation is fraudulent, the bank has the right to refuse to carry out this operation.
4.4.4. When paying for the Goods on the Site, the funds are reserved on the Buyer's card until the Order is confirmed by the Seller. After the Order is confirmed by the Seller, funds are debited from the Buyer's card. If the Order is not confirmed by the Seller, the reservation of funds on the Buyer's card is canceled.
5. Delivery and handover of goods
5.1 Delivery and transfer of the Goods is carried out in accordance with the "Return Conditions" specified on the Site in the "Return of Goods" section. The deadlines for the receipt of the Goods by the Buyer depend on the address and region of delivery, the work of a specific delivery service, and do not directly depend on the Seller.
The Buyer has the right to choose one of the following methods of delivery and receipt of the Goods:
5.1.1. Courier delivery of the Goods to the postal address specified by the Buyer in the relevant section of the order form.
5.1.2. Self-delivery of the Goods from the point of issue of Orders.
When placing an Order, the Buyer may choose one of the pick-up points offered by the Seller in St. Petersburg and the Leningrad Region as the place of receipt of the Goods.
5.1.3. Rules for receiving goods through the points of issue of online orders:
5.1.3.1. These rules for the issuance of online orders through the points of issue are introduced in order to ensure the safety of customers and counteract the spread of coronavirus infection.
5.1.3.2. Through the online store, the Products are sold remotely through the online store located on the Internet at: https://notfosalestudio.com, where the Products offered for purchase are presented, as well as the terms of payment and delivery of the Products to the Buyers.
5.1.3.3. To receive the Goods ordered through the online store, the Buyer can use the courier delivery service or choose a convenient point for issuing online orders.
5.1.3.3.1. Addresses of points for issuing online orders:
Shopping center "PIK", store "Youthstore" - st. Efimova, 2, St. Petersburg, 190031 (10:00 – 22:00)
5.1.3.2. The Buyer can pay for the Goods only in a non-cash form (online) in the online store on the website https://notforsalestudio.com
5.1.3.3. The refusal of the Goods and the return of the Goods are carried out within the terms, in the manner and on the conditions provided for by the Rules and the public offer of the online store notforsalestudio.com.
5.1.3.4. The sale of Goods in the online store notforsalestudio.com is carried out in accordance with the Rules and the public offer of the online store notforsalestudio.com, which is applied to the extent that it does not contradict these Rules for issuing online orders through points of issue.
5.2. Upon delivery of the prepaid Goods to the address specified by the Buyer, the Goods are transferred directly to the Buyer, and in the absence of the Buyer - to any person who provided information about the order number. In exceptional cases, the Seller or the courier for the issuance of the Goods has the right to require the presentation of a document proving the identity of the recipient or to require the name of the confirmation code that the Seller, after paying for the Order or before issuing the Goods, will send to the Buyer via SMS to the phone number specified in the Buyer's personal account.
5.3. Upon delivery of the unpaid Goods to the address specified by the Buyer, the Goods are transferred directly to the Buyer, and in the absence of the Buyer - to any person who provided information about the order number and paid for the Goods.
5.4. Upon receipt of the prepaid Goods at the point of issue of orders, the Buyer names the order number to the employee of the point of issue of the Order, which the Seller, after paying for the Order or before issuing the Goods, will send to the Buyer via SMS to the phone number specified in the personal account of the Buyer.
5.5. The Seller is not responsible for possible delays in delivery due to circumstances beyond the control of the Seller. In case of courier delivery of the Goods, the specific delivery time is agreed directly by the courier or the dispatcher of the courier service. If the Buyer cannot be contacted within 3 (three) days and agree on the delivery time, the courier delivery of the Goods is canceled, the Goods are returned to the Seller. The period of storage of the Goods at the point of issue of orders, after which the Goods are returned to the Seller - 3 days from the date of receipt of the Goods at the point of issue.
5.6. 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 receipt of the Goods. If the Goods do not comply with the terms of the Order (the wrong goods were transferred, the quantity of the goods does not correspond to the ordered, the goods do not match the description on the website, the goods are incomplete, the packaging of the goods or the goods themselves have external mechanical damage (obvious defects)), the Buyer informs the courier about this or an employee of the point of issue of the order immediately at the time of acceptance of the Goods.
6. Return of goods
6.1. The return of the Goods is carried out in accordance with the "Return Conditions" specified on the Site in the "Return of Goods" section.
6.2. The Buyer has the right to refuse the ordered Goods at any time before receiving it, and after receiving the Goods - within 14 days, not counting the day of purchase.
6.3. Return of good quality goods:
6.3.1. The return of the Goods can be carried out if the Goods are kept in their original packaging with tags, labels, stickers, control identification marks and have not been in use. In the event of a return, all packaging elements and related products for the Goods (cases, tags, stickers, spare laces, buttons, belts, additional accessories, etc.) must be returned. The return of the Goods of good quality is possible if its presentation, consumer properties, as well as a document confirming the purchase of the said Goods from the Seller (fiscal receipt or bank statement on payment for the Goods) are preserved.
6.3.2. If the Buyer refuses the Goods in accordance with the terms of this clause 7.3 of the Agreement, the Seller returns to him the cost of the Goods, minus the Seller's costs associated with the return delivery of the Goods returned by the Buyer, within 10 days from the date of receipt of the returned Goods at the Seller's warehouse and if the Buyer has completed applications for a refund and compliance with the conditions specified in clause 7.3.1 of the Agreement.
6.3.3. The buyer is not entitled to terminate the sale and purchase agreement in respect of goods of good quality, the list of which was approved by Decree of the Government of the Russian Federation dated December 31, 2020 No. 2463 “List of non-food goods of good quality not subject to exchange”, including in relation to the following goods:
- personal hygiene items (combs, hairpins, hoops, hair curlers, wigs, hairpieces and other similar products);
- perfumery and cosmetic products;
- sewing and knitwear (sewing and knitted underwear, hosiery);
- products made of precious metals, with precious stones, made of precious metals with inserts of semi-precious and synthetic stones, faceted precious stones.
6.4. Return of the Goods of inadequate quality:
6.4.1. A product of inadequate quality means a product that has manufacturing defects, a product that does not meet the mandatory requirements prescribed by law or in the manner prescribed by law (including safety requirements), or the terms of the contract (in their absence or incomplete conditions - usually the requirements) , or the purposes for which goods of this kind are usually used, or the purposes of which the Seller was informed by the Buyer at the conclusion of the contract, or the sample and (or) description when selling the goods according to the sample and (or) description.
6.4.2. The difference in design elements, shades of colors is not a defect of the Goods. The color and perception of the image of the Goods may change due to the settings and properties (including brightness, color reproduction and resolution) of the screens of the devices used by the Buyer. The discrepancy between the image of the Goods on the Buyer's device and the image on the Site in this case is not an inaccurate description of the Goods or a defect in the Goods. To clarify additional information about the Goods, the Buyer can contact the Seller by e-mail, address: shop@babochka.com, or by phone 8 800 550-75-03.
6.4.3. Goods that have been damaged during operation as a result of normal wear and tear, as well as in connection with violations of the rules of operation, are not goods of inadequate quality.
6.4.4. In case of detection of defects in the Goods, in addition to the return of the amount of money paid for the Goods, at the discretion of the Buyer and in the presence of such an objective possibility (such as the availability of the goods in the Seller's warehouse for replacement, the removable nature of the defect of the goods for the purposes of repair and other circumstances), a replacement can be made Goods for goods of the same brand (model and / or article), for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price, or repair (elimination of a defect) of the Goods, and a commensurate reduction in the purchase price of the Goods can also be carried out.
6.5. The procedure for returning the Goods depends on the method of its receipt and payment. The Buyer has the right to return the Goods in the following ways:
6.5.1. In case of advance payment for the Goods on the Site in a cashless manner or in case of payment for the Goods to the courier upon receipt at the point of issue of orders, the Buyer returns the Goods to one of the points of issue of orders offered by the Seller. 6.5.2. In case of payment for the Goods in cash or by bank transfer upon receipt at the point of issue of orders, the return of the Goods is carried out to the corresponding point of issue of orders or to one of the points of issue of orders offered by the Seller. 7.5.3. Regardless of the method of payment and the method of receiving the Goods, the Buyer can return it by post or courier.
7. Gift cards and certificates
7.1. Payment for Goods with gift cards and certificates is possible.
8. Intellectual rights
8.1. The owner of all information and data posted on the Site, including textual information, graphic elements, photo and video images, music and text, is the Seller.
8.2. The site is intended for personal non-commercial use.
8.3. It is forbidden to modify, copy, distribute, transfer, reproduce, publish, license, use for commercial purposes, create copies of the Site, transfer data from the Site containing commercial value, software, customer information or purchases.
8.4. It is forbidden to use the Site for the purpose of generating income or commercial profit, including the use of data from the Site as advertising.
8.5. Identified and established facts of violation of intellectual property rights will be considered in court in accordance with Art. 1252 of the Civil Code of the Russian Federation "Protection of exclusive rights".
9. Conditions for the processing of personal data
9.1. SP Scribo Natalya Pavlovna (Seller) processes personal data of Users in order to provide Users with access to the functionality of the site; Issuance of loyalty cards; Provision of tailor-made services; Provision of personal shopping services; Providing a response to individuals who applied through the feedback form; Registration in a personal account; Delivery of the purchased goods to the buyer. The following personal data will be processed on the website and online store: Last name, first name, patronymic; contact phone numbers; floor; Date of Birth; E-mail address; residence address.
9.2. Personal data is processed both without the use of automation tools, and with their use.
9.3. Personal data will be transferred to the following third parties:
Courier services, in order to deliver the ordered goods.
9.4. Personal data will be entrusted to the following third parties:
Partner stores that are used as pick-up points for the purpose of issuing orders to Buyers:
Shopping center "PIK", store Youstore.
9.5. With the following third parties, the Seller is the Co-operator of personal data:
Partner companies, within the framework of the agreement on participation in the loyalty program.
9.6. During the processing of personal data, the following actions will be performed: collection; record; systematization; accumulation; storage; clarification (update, change); extraction; usage; transfer (provision, access); blocking; removal; destruction.
Personal data is processed by the Seller until the expiration of 5 years from the moment the Buyer withdraws from these Rules and the public offer.
7. Gift cards and certificates
7.1. Payment for Goods with gift cards and certificates is possible.
8. Intellectual rights
8.1. The owner of all information and data posted on the Site, including textual information, graphic elements, photo and video images, music and text, is the Seller.
8.2. The site is intended for personal non-commercial use.
8.3. It is forbidden to modify, copy, distribute, transfer, reproduce, publish, license, use for commercial purposes, create copies of the Site, transfer data from the Site containing commercial value, software, customer information or purchases.
8.4. It is forbidden to use the Site for the purpose of generating income or commercial profit, including the use of data from the Site as advertising.
8.5. Identified and established facts of violation of intellectual property rights will be considered in court in accordance with Art. 1252 of the Civil Code of the Russian Federation "Protection of exclusive rights".
9. Conditions for the processing of personal data
9.1. SP Scribo Natalya Pavlovna (Seller) processes personal data of Users in order to provide Users with access to the functionality of the site; Issuance of loyalty cards; Provision of tailor-made services; Provision of personal shopping services; Providing a response to individuals who applied through the feedback form; Registration in a personal account; Delivery of the purchased goods to the buyer. The following personal data will be processed on the website and online store: Last name, first name, patronymic; contact phone numbers; floor; Date of Birth; E-mail address; residence address.
9.2. Personal data is processed both without the use of automation tools, and with their use.
9.3. Personal data will be transferred to the following third parties:
Courier services, in order to deliver the ordered goods.
9.4. Personal data will be entrusted to the following third parties:
Partner stores that are used as pick-up points for the purpose of issuing orders to Buyers:
Shopping center "PIK", store Youstore.
9.5. With the following third parties, the Seller is the Co-operator of personal data:
Partner companies, within the framework of the agreement on participation in the loyalty program.
9.6. During the processing of personal data, the following actions will be performed: collection; record; systematization; accumulation; storage; clarification (update, change); extraction; usage; transfer (provision, access); blocking; removal; destruction.
Personal data is processed by the Seller until the expiration of 5 years from the moment the Buyer withdraws from these Rules and the public offer.
10. Newsletters of advertising and informational nature and the use of cookies
10.1. When registering on the Site, the User / Buyer has the right to provide his consent to receive advertising and informational mailings from the Seller. These mailings contain information about upcoming promotions and other events of the Seller, including promotional mailings and special offers. Mailing lists are sent in the form of an email to the address and / or short message (SMS) to the phone number specified by the User / Buyer during registration. Advertising and information materials can be presented in the form of printed paper and souvenirs, enclosed in customer orders and delivered to the specified postal address in the form of letters and parcels.
10.2. The seller reserves the right to collect and process the following information:
- information about the sections of the Site visited by the Buyer, about the duration of stay on the Site, about the method of visiting the Site;
— information about the means used by the Buyer (web browser type, network location, connection type, etc.).
10.3. The Seller collects and processes the information specified in clause 11.2 of this Agreement using cookies. Cookies are text files containing small pieces of information that are downloaded to the Buyer's computer or mobile device when visiting the Site. As a result, when visiting the Site, the Buyer receives additional features, for example, the system remembers preferences, and also monitors actions on the Site in order to bring it into line with the interests of the Buyer. The information collected is used for statistical purposes and to improve our Products and Services.
10.4. The Seller is not responsible for the information provided by the User/Buyer in a public form.
10.5. The Seller has the right to record telephone conversations with the User/Buyer. At the same time, the Seller undertakes: to prevent attempts of unauthorized access to information received during telephone conversations, and / or its transfer to third parties that are not directly related to the fulfillment of obligations to the User / Buyer, in accordance with paragraph 4 of Article No. 16 of the Federal Law " About information, information technologies and information protection”.
10.6. When using the Site, the User/Buyer has the right not to provide their data, thereby not accepting the terms of this Agreement. In this case, the User / Buyer ceases to be able to place Orders.
11. Force majeure circumstances
11.6. The Seller shall not be liable for any failure to perform or delay in the performance of any obligations under the Agreement due to events beyond its reasonable control (force majeure). A force majeure event includes any action, event, non-occurrence of an event or unforeseen situation beyond the control of the Seller, including the following circumstances:
11.6.1. Strikes, lockdowns or other industrial conflicts.
11.6.2. Civil unrest, riots, invasions, terrorist acts, or their threat, hostilities or preparations for hostilities.
11.6.3. Fires, explosions, storms, floods, earthquakes, epidemics, pandemics, natural disasters.
11.6.4. Inability to use railways, ships, aircraft or automobiles, or other public or private means of transport.
11.6.5. Inability to use public or private telecommunications networks.
11.6.6. Acts, decrees of legislation, regulations or restrictions of any government, including the imposition of a state of emergency or a state of high alert.
11.6.7. Any strike by employees of transport companies, mail or other types of strikes in transport companies, failure to provide services by transport companies or accidents.
12. Additional terms
12.1. The online store and the services provided may be temporarily, partially or completely unavailable due to preventive or other work, or for any other technical reasons. The Seller reserves the right to carry out the necessary preventive or other work with or without prior notice to the User/Buyer.
12.2. The provisions of Russian law apply to the relationship between the User/Buyer and the Seller.
12.3. All arising disputes the parties will try to resolve through negotiations. If an agreement is not reached, the dispute will be referred to the judicial authority in accordance with the current legislation of the Russian Federation.
12.4. Claims of Users/Buyers are sent to the Seller by mail at the Seller's address: 190068, St. Petersburg, nab. Kryukova Canal, 25, 1 or by e-mail to the address: info@notforsalestudio.com.
12.5. Recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.