1. DEFINITION OF TERMS
1.1 Site visitor - a person who came to the site www.thevaleoftearsjewelry.com
without the purpose of placing an order.
1.2 User - an individual, a Site Visitor who accepts the terms of this Agreement and wants to place Orders in the Online Store www.thevaleoftearsjewelry.com
1.3 Buyer - The User who placed the Order in the Online store www.thevaleoftearsjewelry.com
— Individual entrepreneur Loginova Ksenia Valeryevna OGRN: 319784700048516, TIN: 781149282898, location: Russia, St. Petersburg 192281 Dunaysky avenue 37/1 251.
1.5 Seller - www.thevaleoftearsjewelry.com
Individual entrepreneur Loginova Ksenia Valeryevna
1.6 Online store - an Internet site located on the Internet at www.thevaleoftearsjewelry.com
where the Goods are presented, as well as the terms of payment and delivery of Goods to Customers.
1.7 Order - a duly executed Buyer's request for purchase and delivery to the address specified by the Buyer.
2. GENERAL PROVISIONS.
2.1 The Seller sells Goods through the Online store at www.thevaleoftearsjewelry.com
2.2 By ordering Goods through the Online Store, the User agrees to the terms of sale of Goods set out below (hereinafter referred to as the Terms of Sale of Goods).
In case of disagreement with this User Agreement (hereinafter referred to as the Agreement / Public Offer), the User is obliged to immediately stop using the service and leave the site.
2.3 These Terms of Sale of goods, as well as information about the Goods presented on the Website, are a public offer in accordance with Article 435 and paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
2.4 The Agreement may be changed by the Seller unilaterally without notifying the User/The buyer.
2.5 The Public Offer is recognized as accepted by the Site Visitor / Buyer from the moment of placing an order without authorization on the Site.
The contract of retail sale is considered concluded from the moment the Seller issues the Buyer a cash or commodity receipt or other document confirming the payment of the goods.
By informing the Seller of his e-mail and phone number, the Site Visitor/User/The Buyer agrees to the use of these means of communication by the Seller, as well as by third parties engaged by him for the purpose of fulfilling obligations to Site Visitors/By users/By Buyers, in order to carry out promotional and informational mailings containing information about discounts, upcoming and current promotions and other events of the Seller, about the transfer of the order for delivery, as well as other information, directly related to the fulfillment of obligations by the Buyer under this Public Offer.
2.6 When Making An Order, The User/The Buyer agrees that the Seller may entrust the execution of the Contract to a third party, while remaining responsible for its execution.
2.7 All rights and obligations under the Agreement concluded with the User arise directly from the Seller, while the Buyer, accepting this Agreement, fully understands and agrees that in the case of concluding an agreement with the Seller other than The Vale of Tears, The Vale of Tears is not a party to the said agreement and does not bear obligations related to its execution, except as provided by this Public Offer.
2.8 As part of the Order, The Vale of Tears provides the User with information support of the Contract concluded by the User with the Seller.
2.9 You can place an order in the online store www.thevaleoftearsjewelry.com
24 hours a day, 7 days a week, except for periods of routine maintenance or technical failures.
3. SUBJECT OF THE AGREEMENT
3.1 The subject of this Agreement is to enable the User to purchase for personal, family, household and other needs not related to the implementation of business activities, Goods presented in the catalog of the Online store at www.thevaleoftearsjewelry.com
3.2 This Agreement applies to all types of Goods and services presented on the Site, as long as such offers with a description are present in the catalog of the Online store.
4. THE PRODUCT AND THE ORDER OF PURCHASE
4.1 In case of absence of the Goods ordered by the Buyer in the Seller's warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer's Order, notifying the Buyer by sending an appropriate e-mail to the address specified by the Buyer when placing the order.
4.2 In case of cancellation of a fully or partially prepaid Order, the cost of the canceled Goods is returned by the Seller to the Buyer in the manner in which the Goods were paid for.
4.3 The Buyer is fully responsible for providing incorrect information, which resulted in the inability of the Seller to properly fulfill its obligations to the Buyer.
4.4 After placing an Order on the Website, the Buyer is provided with information by sending an email message to the address specified by the Buyer when placing the order.
5.1 Methods, as well as approximate terms of delivery of Goods, are indicated on the Website in the "Delivery" section..
5.2 In order to avoid cases of fraud, as well as to fulfill the obligations assumed, upon delivery of a prepaid Order, the person delivering the Order has the right to request an identity document of the Recipient, as well as specify the type and number provided by the Recipient the document on the Order receipt. The Seller guarantees the confidentiality and protection of the Recipient's personal data.
5.3 The risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment the Order is handed over to him and the Recipient of the Order signs the documents confirming the delivery of the Order. In case of non-delivery of the Order, the Seller reimburses the Buyer for the cost of the Order and delivery prepaid by the Buyer in full after receiving confirmation of the loss of the Order from the Delivery Service.
5.5 The cost of delivery of each Order is calculated individually, based on the weight of the Goods, the region and the method of delivery, as well as (if necessary) the form of payment, and is indicated on the Website at the last stage of ordering.
5.6 The Seller's obligation to transfer the goods to the Buyer is considered fulfilled at the time the courier delivers the Goods to the Recipient or the Recipient receives the Goods at the post office.
Upon receipt of the Order at the branch of the transport company, the Recipient, after paying for the delivered Goods, has the right to inspect the delivered Goods and perform its opening in the presence of employees of the transport company to check the Goods for compliance with the declared quantity, assortment and completeness of the Goods. If there are claims to the delivered Goods (underinvestment, attachment of Goods other than those specified in the shipment inventory, manufacturing defects, other claims), at the direction of the Recipient, employees of the transport company draw up an Act on the identified inconsistencies.
In case of return of the Goods delivered by the transport company due to the presence of claims against the Goods, the Recipient is obliged to attach the following documents to the Shipment containing the returned Goods:
- application for a refund;
- a copy of the act on the identified inconsistencies;
- a copy of the payment receipt;
- a copy of the Shipment inventory;
- return form.
5.7 When accepting an Order from a courier, the Recipient has the right to inspect the delivered Goods and check it for compliance with the declared quantity, assortment and completeness of the Goods. If there are no claims to the delivered Goods, the Recipient signs the "Order Delivery Form" or other similar document provided by the courier and pays for the Order (in the absence of a 100% prepayment). The signature in the delivery documents indicates that the claims to the Goods have not been declared by the Recipient and the Seller has fully and properly fulfilled his obligation to transfer the Goods.
To clarify the date, time and, if necessary, the delivery route, you can contact the manager, who contacts the Buyer to confirm the Order.
6.PAYMENT FOR THE GOODS
6.1 The price of the goods sold in the Online store is indicated in rubles of the Russian Federation.
6.2 The price of the Product is indicated on the Website. In case of incorrect indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about this in order to confirm the Order at the corrected price or cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled. If the Order has been paid, the Seller returns to the Buyer the amount paid for the Order in the same way it was paid.
The price of the Goods on the Website can be changed by the Seller unilaterally. At the same time, the price of the Goods ordered by the Buyer cannot be changed.
6.3 Features of payment for Goods using bank cards:
6.3.1 In accordance with the Regulation of the Central Bank of the Russian Federation "On the Issue of bank Cards and on transactions carried out using payment cards" dated 12/24/2004 No. 266-P, bank card transactions are performed by the cardholder or a person authorized by him.
6.3.2 Authorization of bank card transactions is carried out by the Bank. If the bank has reason to believe that the transaction is fraudulent, the bank has the right to refuse to carry out this operation. Fraudulent transactions with bank cards fall under the scope of Article 159 of the Criminal Code of the Russian Federation.
6.3.3 In order to avoid cases of various kinds of illegal use of bank cards when paying, all Orders placed on the Website and prepaid with a bank card are checked by the Seller. In order to verify the identity of the owner and his/her eligibility to use the card, the Seller has the right to require the Buyer who placed such an order to present an identity document.
6.4 An order is considered incomplete if the Buyer has informed about a change in the purchase decision before the start of the assembly of the order in the warehouse. If the Buyer informed the Seller about this after the start of the assembly of the order in the warehouse, then such an Order is considered rejected.
6.5 The Vale of Tears has the right to make a decision to block the payment method for the Buyer "Upon receipt", in relation to the Goods sold.
6.6 The Buyer has the right to contact the Support Service at email@example.com with a request for the possibility of using the payment method "upon receipt". The decision on the application is made by the Company within three working days, after which it is notified to the Buyer by sending a notification to the email address specified when submitting the application.
6.7 These provisions are not a manifestation of discrimination and are not aimed at infringing the rights guaranteed by the legislation of the Russian Federation to consumers.
7.RETURN OF GOODS AND FUNDS
7.1 Return of the Goods sold www.thevaleoftearsjewelry.com , is carried out in accordance with the conditions specified on the Website in the "Refund" section.
7.2 Return of Goods of proper quality:
7.2.1 The Buyer has the right to refuse the ordered Goods at any time before receiving it, and after receiving the Goods — within 7 days, not counting the day of purchase.
7.2.2 If the Buyer refuses the Goods in accordance with clause 7.2.1. The Seller returns to him the cost of the returned Goods, with the exception of the Seller's expenses related to the delivery of the returned Goods by the Buyer, within 10 days from the date of receipt of the returned Goods at the Seller's warehouse together with the return application filled out by the Buyer.
7.2.3 If, at the time of the Buyer's request, a similar product is not available for sale from the Seller, the Buyer has the right to refuse to fulfill this Agreement and demand a refund of the amount of money paid for the specified Product. The seller is obliged to return the amount of money paid for the returned goods. Please note that the refund depends on the processing speed of the transaction by your Bank and can take up to 30 banking days.
7.3 Return of Goods of inadequate quality:
7.3.1 A product of inadequate quality means a product that does not match the description on the Website.
7.3.2 The appearance and completeness of the Goods, as well as the completeness of the entire Order can be checked by the Recipient at the time of delivery of the Goods.
7.3.3 Upon delivery of the Goods, the Buyer puts his signature in the delivery receipt in the column: "The order has been accepted, the completeness is complete, I have no complaints about the quantity and appearance of the goods," or in another similar document issued by the transport company, in the column providing for the Buyer to mark the absence of claims to the completeness and quantity of the Goods.
7.3.4 If the Goods of inadequate quality (manufacturing defect) were transferred to the Buyer and otherwise was not agreed in advance by the Seller, the Buyer has the right to use the provisions of Article 18 "Consumer rights when defects are found in the goods" of the Law on Consumer Protection.
7.3.5 Claims for the refund of the amount of money paid for the goods are subject to satisfaction within 10 days from the date of submission of the corresponding claim (Article 22 of the Law of the Russian Federation "On Consumer Rights Protection"). Please note that the refund depends on the processing speed of the transaction by your Bank and can take up to 30 banking days.
7.4 The refund of funds is carried out by returning the cost of the paid Goods to the bank card. The method must be specified in the appropriate field of the return request.
8.1 The Seller is not responsible for the damage caused to the Buyer as a result of improper use of the Goods purchased in the Online store.
8.2 The Seller is not responsible for the content and functioning of external sites.
9. CONFIDENTIALITY AND INFORMATION PROTECTION
9.1 User's Personal Data/The Buyer is processed in accordance with the Federal Law "On Personal Data" No. 152-FZ.
9.2 When placing an order on the Website, the User provides the following information: Surname, First name, contact phone number, email address, delivery address of the goods.
9.3 By submitting their personal data to the Seller, the Site Visitor/User/The Buyer agrees to their processing by the Seller, including in order to fulfill the Seller's obligations to the Site Visitor/By the user/The Buyer within the framework of this Public Offer, the Seller's promotion of goods and services, conducting electronic and SMS surveys, monitoring the results of marketing campaigns, customer support, organizing the delivery of goods to Customers, monitoring the satisfaction of the Site Visitor/User/The Buyer, as well as the quality of services provided by the Seller.
9.4 Personal data processing means any action (operation) or a set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification) extraction, use, transfer (including transfer to third parties persons, not excluding cross-border transfer, if the need for it arose in the course of fulfilling obligations), depersonalization, blocking, deletion, destruction of personal data.
9.4.1 The Seller has the right to send informational, including advertising messages, to the User's e-mail and mobile phone/The buyer with his consent, expressed by performing actions that uniquely identify this subscriber and allow him to reliably establish his will to receive the message. User/The Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal by informing The Vale of Tears of his refusal by sending a corresponding application to the Seller's email address: firstname.lastname@example.org . Service messages informing the User/The Buyer's information about the order and the stages of its processing are sent automatically and cannot be rejected by the User/The buyer.
9.4.2 Withdrawal of consent to the processing of personal data is carried out by sending a corresponding application to the Seller's email address: email@example.com
9.5 The Seller is not responsible for the information provided by the User/By the Buyer on the Site in a publicly accessible form.
9.6 The Seller has the right to record telephone conversations with the User/The buyer. At the same time, the Seller undertakes to: prevent attempts of unauthorized access to information obtained during telephone conversations and/or transfer it to third parties not directly related to the execution of Orders, in accordance with paragraph 4 of Article 16 of the Federal Law "On Information, Information Technologies and Information Protection".
10.VALIDITY PERIOD OF THE PUBLIC OFFER
10.1 This Public Offer comes into force from the moment of its acceptance by the Site Visitor/By the Buyer, and is valid until the withdrawal of acceptance of the Public Offer.
11. ADDITIONAL CONDITIONS
11.1 The Seller has the right to assign or in any other way transfer its rights and obligations arising from its relationship with the Buyer to third parties.
11.2 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 technical service of The Vale of Tears has the right to periodically carry out the necessary preventive or other work with or without prior notification of Buyers.
11.3 To the relationship between the User/The provisions of the Russian legislation are applied by the Buyer and Seller.
11.4 In case of questions and claims from the User/The Buyer has the right to contact the Seller by phone or in any other available way.
11.5 The court's recognition of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.