Offer on the procedure for the sale of Goods by remote means in online stores www.dobraw.com
(in accordance with the Rules for the sale of products by remote means).
1. Terms and definitions
1.1 The Online store (Site) is the Seller's trading platform located on the Internet at www.dobrawcafe.com
, where the sale of Products is carried out remotely.
1.2 An Order is a duly executed request by the Buyer to the Seller for the conclusion of a contract for the retail sale of the Products.
1.3 The Seller is an Individual entrepreneur "Bubentsova Tatiana Petrovna".
Taxpayer Identification Number (TIN) 502724008403
MOSCOW BRANCH OF JSC KB «MODULBANK»
Current account in RUB 40802810070010197182
1.4 The Buyer (Client) is a Site visitor who has placed an Order in the Online store.
1.5 The Product is a product presented for sale on the Site.
1.6 Delivery service is a third party that provides delivery services of Orders to customers under an agreement with the Seller.
1.7 A Promotion is an event aimed at increasing sales volumes, attracting consumers' attention to products, carried out in accordance with the rules published on the Site, and limited in time.
2. General provisions
2.1 This offer, as well as information on the Products presented on the Site, is a public offer in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation.
2.2 The relations between the Buyer (Client) and the Seller are subject to the provisions of the Civil Code of the Russian Federation on retail purchase and sale (§ 2 Chapter 30), as well as the Law of the Russian Federation of 07.02.1992 N 2300-1 "On Protection of Consumer Rights" and the Decree of the Government of the Russian Federation of 27.09. 2007 N 612 "On approval of the Rules for the sale of goods by remote means" and other legal acts adopted in accordance with them.
2.3 The Seller sells the Products through the Online store to any Buyer who has placed an Order on the terms of this offer.
2.4 This offer is considered accepted by the Buyer from the moment the first Order is made on the Site (using registration on the Site as a permanent buyer of the Seller or without such registration, including when placing an Order through an operator).
2.5 A retail sale and purchase agreement are considered concluded from the moment the Seller issues a cash or sales receipt or other document confirming payment for the Products to the Buyer.
3. Registration on the Site and ordering
3.1 The Order can be placed by the Client through the operator by phone or independently through the Order form on the Site.
3.2 Registration on the Site is not mandatory for placing an order. The Buyer can, at his or her own request, go through the registration procedure on the Site to access additional options in his or her personal account (history and tracking of orders, obtaining information about the Seller's Promotions, etc.).
3.3 When registering on the Site, the Client must provide information about oneself: the name, email address and password to access the Site; other information is provided at the discretion of the Buyer.
3.4 The Seller is not responsible for the accuracy and correctness of the information provided by the Client when registering on the Site and / or placing an Order.
3.5 The Client undertakes not to disclose the login and password, specified during registration on the Site, to third parties. If the Client has any suspicions about the security of his or her username and password or the possibility of their unauthorized use by third parties, the Client undertakes to immediately notify the Seller.
3.6 After placing the Order, the Client is provided with information about the expected date of transfer of the Order to the delivery service. The specified date depends on the availability of the ordered Products in the Seller's warehouse and the time required to process the Order and the rules of the delivery service. The expected date of transfer of the Order to the Delivery Service is communicated to the Buyer by e-mail or by calling the Buyer. If he or she does not agree with the planned delivery date, the Buyer must notify the Seller about the cancellation of the Order.
3.7 If the Product ordered by the Buyer is not available from the Seller, the Order for this Product is canceled, and the Buyer is notified of this by means of an information message to the email address specified during registration, or to the Client's phone number or by calling the operator.
3.8 The Seller has the right to cancel the Client's Orders if there is a reason to believe that the Client does not intend to purchase the Products or has provided false information (the Client has already placed orders and has not received other Orders for a total amount of 100,000 rubles or more, the Client refused to receive the Products for the placed Order three times or more for reasons not related to the presence of defects in the Products, or the Client was absent at the delivery address or did not answer calls from the delivery service, etc.). 4. Delivery
4.1 Methods of delivery of Products are indicated on the Site in the appropriate section. The obligation of the Seller to transfer the Products to the Buyer is considered fulfilled at the time of delivery of the Products to the Recipient or to a previously agreed pick-up point.
4.2 Delivery of the Products to the location of the Buyer is carried out by the delivery service appointed by the Seller at the address indicated by the Buyer. When accepting an Order from the delivery service, the Buyer is obliged to inspect the delivered Products and check them for compliance with the declared quantity, assortment and completeness of the Products, as well as to check the service life of the delivered Products and the integrity of the packaging. In the absence of claims to the delivered Products, the Recipient signs the delivery receipt or other similar document provided by the delivery service and pays for the Order (in the absence of prepayment). The signature in the delivery documents indicates that the recipient has not declared claims to the Products and the Seller has fully and properly fulfilled his obligation to transfer the Products.
4.3 The Order is handed over to the Buyer or to the Recipient appointed by him or her, or to the person who provided a document confirming the execution of the Order and payment for the Products (in the absence of prepayment). In order to avoid cases of fraud, upon delivery of a prepaid Order, an identity document may be requested from the recipient. In the absence of this document or the discrepancy between the information specified in it and the details of the Order or the data of the Buyer, the transfer of this Product may be refused.
4.4 Failure to receive the Order by the Client during the booking period provided for the corresponding pick-up point is considered his or her refusal to Order and is the basis for canceling the Order by the Seller and refunding the funds to the Client (if there is an advance payment).
5.2 Цена Товара и окончательная сумма Заказа с учетом всех применимых скидок, указывается на этапе оформления Заказа и действительна на момент нажатия кнопки «Подтвердить заказ». Цена на заказанный Клиентом Товар (кроме предзаказанных Товаров) изменению не подлежит.
5. Payment for the Products
5.1 The price for the Products is indicated on the Site in Russian rubles.
5.2 The price for the Products and the final amount of the Order, taking into account all applicable discounts, is indicated at the stage of placing the Order and is valid at the time of clicking the "Confirm Order" button. The price for the Products ordered by the Client (except for the pre-ordered Products) is not subject to change.
5.3 The payment method selected by the Buyer when placing the Order from the options offered by the Seller on the Site is applied to the Order.
5.4 In case of prepayment for the Products, the Order is accepted for processing only after the funds are credited to the Seller's account. In this case, the Products are not reserved, and the Seller does not guarantee the availability of the Products at the time of receipt of the payment. If the Products cannot be delivered within the time specified when placing the Order and the Client does not agree with the increase in the delivery time of the Order.
6. Return of Products and money
6.1. The return of the Products sold by the Seller is carried out in accordance with the following return conditions.
6.2. Return of Products in proper quality.
6.2.1. The Buyer has the right to refuse the ordered Products at any time before receiving them, and after receiving the Products - within 14 (fourteen) days in a retail store, and 7 (seven) days (Internet store), excluding the day of purchase, with the exception of the Products, made to order, according to a creative task approved by the User, the Buyer. The return of the Products of proper quality is possible if its presentation and consumer properties are preserved.
6.2.2. If the Buyer refuses the Products, the Seller refunds him or her the cost of the returned Products, with the exception of the Seller's expenses related to the delivery of the Products returned by the User, the Buyer, within 10 days from the date of receipt of the returned Products at the Seller's warehouse along with the application for a refund filled out by the Buyer.
6.2.3. If at the time of the User's or the Buyer's contact, a similar product is not available for sale from the Seller, the Buyer has the right to refuse to execute this Public Offer and demand the return of the amount of money paid for the specified Product. The Seller is obliged to return the amount paid for the returned Products within 10 days from the date of return of the Products.
6.3. Return of Products of inadequate quality
6.3.1. A Product of inadequate quality means a Product that is defective and cannot ensure the performance of its functional qualities, does not meet the requirements specified in the creative task (when making a Product to order). The received Product must correspond to the description on the Site. The difference in design or decoration elements from the description declared on the Site is not a sign of inadequate quality.
6.3.2. The appearance and completeness of the Products, as well as the completeness of the entire Order, must be checked by the Recipient at the time of delivery of the Products.
6.3.3. Upon delivery of the Products, the Buyer puts his or her signature on the delivery receipt in the column: "I accepted the Order, the completeness is complete. I have no complaints about the quantity and appearance of the Products", or in another similar document issued by the Seller, in the column provided for the Buyer to mark the absence of his or her complaints about the completeness, quantity and quality of the Products. After receiving the Order, claims for external defects of the Products, their quantity, completeness and presentation are not accepted.
6.3.4. If the Buyer was given the Products of inadequate quality and otherwise was not previously agreed by the Seller, the Buyer has the right to use the provisions of Article 18 "Consumer Rights Upon Detection of Defects in the Product" of the Law of the Russian Federation dated 07.02.1992 N 2300-1 "On Protection of Consumer Rights".
6.3.5. Claims for the return of the amount of money paid for the Products are subject to satisfaction within 10 days from the date of the corresponding request (Article 22 of the Law of the Russian Federation "On Protection of Consumer Rights").
6.3.6. Refunds are made by returning the cost for the paid Products to the bank card specified when ordering the Products.
6.4. Return methods:
6.4.1. By transport company, or postal service, at the request of the Buyer. The Buyer sends the returned Products with a parcel with a declared value, no cash on delivery. Cash on delivery parcels are not accepted for return. A completed return application must be included in the parcel. 7. Responsibility
7.1. The Seller is not responsible for damage caused to the Buyer as a result of improper use of the Products purchased in the online store. 8. Protection of personal data
8.1. The personal data of the User / Buyer is processed in accordance with the Federal
8.2. When registering on the Site, the User provides the following information: Last name, First name, Patronymic, contact phone number, email address, date of birth, gender, delivery address of the Products, with the city and postal code.
8.3. By providing his or her personal data to the Seller, the Site Visitor / User / Buyer agrees to their processing by the Seller, including for the purpose of fulfilling the Seller's obligations to the Site Visitor / User / Buyer under this Public Offer, promoting Products and Services by the Seller, conducting electronic and SMS surveys, monitoring the results of marketing campaigns, customer support, organizing the delivery of Products to Buyers, holding prize draws among Site Visitors / Users / Buyers, monitoring the satisfaction of the Site Visitor / User / Buyer, as well as the quality of services provided by the Seller.
8.4. The processing of personal data means any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (including transfer to third parties, not excluding cross-border transfer, if the need for it arose in the course of fulfilling obligations), depersonalization, blocking, deletion, destruction of personal data.
8.5. The Seller has the right to send informational messages, including advertising messages, to the e-mail and mobile phone of the User / Buyer with his or her consent, expressed through the commission of actions that uniquely identify this subscriber and allow him or her to reliably establish his or her will to receive the message.
The User / Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal by informing the Seller of his or her refusal by phone or by sending a corresponding message to the Seller's email address.
8.7. The Seller receives information about the IP-address of the Site visitor. This information is not used to identify the visitor.
8.8. The Seller is not responsible for the information provided by the User / Buyer on the Site in a public form.
8.9. 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 transfer it to third parties not directly related to the execution of Orders, in accordance with clause 4 of Art. 16 of the Federal Law "On Information, Information Technologies and Information Protection." 9. Duration of the Public Offer
9.1. This Public Offer comes into force from the moment it is accepted by the Site Visitor / Buyer, and is valid until the acceptance of the Public Offer is withdrawn.
10. Additional terms
10.1. The Seller has the right to assign or in any other way to transfer his or her rights and obligations arising from his or her relationship with the Buyer to third parties.
10.2. The Online Store and the Services provided may be temporarily, partially or completely unavailable due to maintenance or other work or for any other technical reasons.
10.3. The provisions of Russian legislation apply to the relationship between the User / Buyer and the Seller.
10.4. In case of any questions and claims from the User / Buyer, he or she can contact the Seller by phone or in any other available way. The parties will try to resolve all the disputes that arise through negotiations; if an agreement is not reached, the dispute will be referred to a judicial authority in accordance with the current legislation of the Russian Federation.
10.5. The recognition by the court of the invalidity of any provision of this Public Offer does not entail the invalidity of the remaining provisions.