Public Offer Agreement for the sale of Goods of the kinkside.com online store
1. General Provisions
1.1. SP Belikov Dmitry, hereinafter referred to as the “Seller”, publishes a public offer for the sale of goods according to the samples presented on the official website of the Seller http://kinkside.com/
1.2. In accordance with article 437 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), this document is a public offer, and if the conditions set out below are accepted, the individual who accepts this offer pays for the Seller’s Goods in accordance with the terms of this Agreement. In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, payment for the Goods by the Buyer is an acceptance of the offer, which is considered equivalent to the conclusion of the Agreement
1.3. Based on the foregoing, carefully read the text of the public offer, and if you do not agree with any clause of the offer, you are invited to refuse to purchase the Goods or use the Services provided by the Seller.
1.4. In this offer, unless the context requires otherwise, the terms below have the following meanings:
- “Offer” – a public offer of the Seller, addressed to any individual (citizen), to conclude a sale and purchase agreement (hereinafter referred to as the “Agreement”) with him on the existing conditions contained in the Agreement, including all its annexes.
- “Buyer” – an individual who has entered into an Agreement with the Seller on the terms contained in the Agreement.
- “Acceptance” – full and unconditional acceptance by the Buyer of the terms of the Agreement.
- “Goods” – a list of assortment names presented on the official website.
- “Order” – individual items from the assortment list of the Goods specified by the Buyer when placing an order on the website or through the Operator.
- “Delivery” – courier or postal services for the delivery of the Order.
2. Subject of the contract
2.1. The Seller sells the Goods in accordance with the current price list published on the Seller’s website «http://www.kinkside.com/», and the Buyer makes payment and accepts the Goods in accordance with the terms of this Agreement.
2.2. This Agreement and its annexes are official documents of the Seller and an integral part of the offer.
3.1. The order of the Goods is carried out by the Buyer through the website http://www.kinkside.com/.
3.2. When registering on the Seller’s website, the Buyer undertakes to provide the following registration information about himself:
- First name and last name;
- actual delivery address;
- E-mail address;
- contact phone (mobile, landline).
3.3. When placing an Order through the Operator, the Buyer undertakes to provide the information specified in clause 3.2. of actual Agreement. The Buyer’s acceptance of the terms of this Agreement is carried out by the Buyer entering the relevant data into the registration form on the website or when placing an Order through the Operator.
The Buyer has the right to edit the registration information about himself. The Operator does not change or edit the registration information about the Buyer without the consent of the latter. The Seller undertakes not to disclose the Buyer’s data specified during registration on the website http://www.kinkside.com and when placing the Order, to persons not related to the execution of the Order.
Having approved the Order of the selected Product, the Buyer provides the Operator with the necessary information in accordance with the procedure specified in clause 3.2. actual Agreement.
3.4. The Seller and the Operator are not responsible for the content and accuracy of the information provided by the Buyer when placing the Order.
3.5. The Buyer is responsible for the accuracy of the information provided when placing an Order.
3.6. Payment by the Buyer for the Order independently placed on the website means the Buyer’s consent to the terms of this Agreement. The day of payment for the Order is the date of the conclusion of the Sale and Purchase Agreement between the Seller and the Buyer.
3.7. All information materials presented on the website http://www.kinkside.com are for reference only and cannot fully convey reliable information about certain properties and characteristics of the Goods. If the Buyer has any questions regarding the properties and characteristics of the Goods, before placing the Order, he must seek advice from the Operator.
4. Terms of Order execution
4.1. The execution time of the Order depends on the availability of the ordered items of the Goods in the Seller’s warehouse and the time required to process the Order. The term for the execution of the Order in exceptional cases can be negotiated with the Buyer individually, depending on the characteristics and quantity of the ordered Goods.
In the absence of a part of the Order in the Seller’s warehouse, including the reasons beyond the control of the latter, the Seller has the right to cancel the specified Goods from the Buyer’s Order. The Seller undertakes to notify the Buyer about the change in the completeness of his Order through the Operator.
4.2. The order is considered delivered at the time of its transfer to the Buyer. By signing the courier sheet or postal receipt, the Buyer confirms the execution of the Order.
4.3. The Seller is not responsible for the improper execution of the Order in case the Buyer provides inaccurate contact information.
4.4. In case of improper execution of the delivery of the Order through the fault of the Seller, the repeated delivery of the Order is carried out free of charge.
5.1. Payment for the executed Order is carried out by transferring funds by the Buyer to the Delivery employee. The confirmation of payment for the executed Order is a sales receipt.
5.2. Prices for any items of the Goods indicated on the website “http://www.kinkside.com” may be changed by the Seller unilaterally without notifying the Buyer. In case of a price change of the ordered items of the Goods, the Operator undertakes to inform the Buyer about such a change as soon as possible. The Buyer has the right to confirm or cancel the Order. The Buyer has the right to confirm or cancel the Order. In the absence of communication with the Buyer, the Order is considered canceled within 14 calendar days from the date of its placement.
5.4. Conditions for all Orders including Delivery are indicated in the section “Payment and delivery” on the website http://www.kinkside.com
5.5. Funds are accepted in two ways: cash, non-cash payment
6. Delivery of Goods
6.1 The obligation of the Seller to supply the Goods with the condition of their Delivery is considered fulfilled from the moment the Buyer signs the shipping documents.
6.2. The ownership of the Goods and the risks of accidental damage and / or destruction of the Goods are transferred to the Buyer from the moment of the actual transfer of the Goods and the signing of the shipping documents upon delivery of the Goods to the Buyer.
6.3 Shipping costs and conditions are indicated on the company’s website «http://www.kinkside.com».
7. Return of the Order
7.1. In accordance with paragraph 4. of Art. 26.1. of the Law of the Russian Federation No. 2300-I “On Protection of Consumer Rights” The Buyer has the right to refuse the ordered Goods at any time before the execution of the Order.
7.2. The Buyer does not have the right to refuse a paid Order (or part of it) of proper quality, having individually defined properties.
7.3. In accordance with clause 2 of the “List of non-food products of good quality that are not subject to return or exchange for similar goods of other size, shape, dimension, style, color or configuration”, approved by the Decree of the Government of the Russian Federation of January 19, 1998, No. 55, personal hygiene items are not subject to return or exchange.
7.4. If the Seller delivers the Order of inadequate quality, the Buyer undertakes to provide the Goods to the Seller’s office as soon as possible to check the quality of the Goods.
7.5. In accordance with Art. 22 of the Law of the Russian Federation No. 2300-I “On Protection of Consumer Rights”, the amount paid by the Buyer for the Goods of inadequate quality is subject to return to the Buyer within 10 calendar days from the date of the corresponding request. Refunds are made in cash at the Seller’s office, in case of paid delivery, money for it will not be returned. If the Goods were paid through the electronic payment system, then the refund is made to the Buyer’s electronic account within 5 working days.
7.6 Goods of good quality, not subject to return in accordance with the Decree of the Government of the Russian Federation of 20.10.1998 N 1222, of 06.02.2002 N 81:
- Products and materials in contact with food, made of polymeric materials, including one-time use (tableware and accessories for dining and kitchen, containers and packaging materials for storing and transporting food)
- Non-periodical editions (books, brochures, albums, cartographic and musical editions, sheet art editions, calendars, booklets, editions reproduced on technical media) (clause 14 was introduced by the Decree of the Government of the Russian Federation of 06.02.2002 N 81)
- Articles made of precious metals, with precious stones, from precious metals with inserts of semiprecious and synthetic stones, cut precious stones.
7.7. The return of the Goods is made on the basis of a written request from the Buyer provided to the Seller’s office, or on the basis of an application in electronic form left on the website http://www.kinkside.com by sending the “request for the return of Goods” on the page “Contact us“.
7.8. The return of the Goods of proper quality is carried out at the expense of the Buyer and is organized by him independently.
7.9. When the Buyer returns the Goods of proper quality, an invoice or an act on the return of the Goods is drawn up, which indicates:
- The full corporate name of the Seller;
- First Name, Last Name, patronymic and passport data of the Buyer;
- Name of Goods;
- The reason for the return of the Goods;
- Date of transfer of the Goods;
- The amount to be returned;
- The signatures of the Seller and the Buyer.
7.10. The return of the cost of the Goods is made no later than 10 (ten) days from the date of receipt by the Seller of the Goods to be returned and the corresponding request of the Buyer.
7.11. To return funds credited to the Company’s current account by mistake through payment systems, the Customer must apply with a written application and attach a copy of the passport and checks / receipts confirming the erroneous enrollment. This application must be sent to the address: 117447, RUSSIA, MOSCOW, PO BOX 67. After receiving a written application with a copy of the passport and checks / receipts, the Company makes a refund within 10 (ten) business days from the date of receipt of the application to the Customer’s account specified in the application. In this case, the refund amount will be equal to the cost of the Order.
The term for consideration of the Application for the return of funds to the Customer begins to be calculated from the date the Company receives the Application and is calculated in working days, excluding holidays / weekends. If the application is received by the Company after 6 pm on a business day or on a holiday / weekend, the next business day is considered the date the Company receives the Application.
7.12. The Buyer must submit a claim for the return of the Goods to the Seller electronically by sending the “return Goods request” on the “Contact us” page on the website http://www.kinkside.com. The Buyer has the right to ask all the questions that have arisen to the Seller through the feedback form on the website http://www.kinkside.com on the “Contact us” page.
8.1. All textual information and graphics posted on the website “http://www.kinkside.com” are the property of the Seller and / or its suppliers, manufacturers of the Goods or partners.
9. Rights, duties and responsibilities
9.1. The Seller is not responsible for the improper use of the Goods by the Buyer ordered on the website or through the Operator.
9.2. The Seller has the right to transfer his rights and obligations for the execution of Orders to third parties.
9.3. The Seller has the right to record telephone conversations with the Buyer. In accordance with paragraph 4 of Art. 16 of the Federal Law “On Information, Information Technologies and Information Protection” The Seller undertakes: to prevent attempts of unauthorized access to information and / or its transfer to persons not directly related to the execution of Orders; timely detect and suppress such facts.
Telephone conversations are recorded for the purpose of monitoring the activities of the Operator and quality control of the execution of Orders.
9.4. The ownership of the Order, as well as the risk of its accidental loss or damage, passes to the Buyer from the moment the funds are transferred to the Delivery employee or from the moment the prepaid order is actually transferred to the Buyer.
9.5. The Buyer has the right to send all claims for improper execution of the order to the Seller through the feedback form on the website http://www.kinkside.com on the “Contact us” page. All received information is processed as soon as possible.
10. Details of the Seller
SP Belikov Dmitry
Postal address: 117447, P.O. Box 67, Moscow, Russia
Corporate account 40802810000000041583 in JSC “Tinkoff Bank”
Corresponding account 30101810145250000974