PUBLIC OFFER
FASHION TECHNOLOGIES Limited Liability Company (hereinafter referred to as the Seller), based on the provisions of Articles 428, 435, 437, 438, 702 of the Civil Code of the Russian Federation, posting this offer on the website filisti.com (hereinafter referred to as the Site), offers to any person who has expressed consent (acceptance) with this offer (hereinafter referred to as, Client), conclude this agreement (hereinafter referred to as the Agreement) on the terms specified in the offer (hereinafter referred to as the Offer).
By placing an order through the Website, the Client accepts this Offer, which is current as of the date of placing the order, and agrees that the terms of this Offer are clear to him. The Seller reserves the right to make changes to this Offer without prior notice to the Client. The Offer in the wording posted on the Website at the time of placing the order is valid for the Customer who placed the order.
1. TERMS
For the purposes of this Agreement, the Parties use these terms in the following meaning:
1.1. Service (Website) is the website of the FILISTI online service, available on the Internet at: filisti.com , which includes an online clothing store, as well as a set of tools for custom clothing ordering. The service is a collection of information, computer programs, databases, software codes, underlying know-how, algorithms, design elements, fonts, images, logos, as well as text, graphic and other materials, as well as other results of intellectual activity. The Seller owns the exclusive rights to the Service, as well as all its components.
1.2. A product is a piece of clothing or other object, information about which is posted on the Website, and available for order by the Buyer.
1.3. Defective Goods are Goods having significant defects, which are recognized as defects that make it impossible or unacceptable to use the Goods in accordance with its intended purpose, or which cannot be eliminated, or which reappear after elimination, or which require large costs to eliminate, or as a result of which the Buyer is largely deprived of what he is capable of He had the right to expect at the conclusion of the Contract.
1.4. An Order is a Customer's request, generated by the Customer using the Website's software and hardware or any other method specified in this Agreement, for the purchase of Goods and (if applicable) delivery of Goods.
1.5. The Buyer is any individual, legal entity, or individual entrepreneur who has agreed to the terms and conditions set forth in this Offer and accepted it in the manner indicated therein.
1.6. The seller and Manufacturer is FASHION TECHNOLOGIES Limited Liability Company, TIN/KPP: 9731078320 OGRN: 1217700186835.
1.7. Acceptance of an Offer (Unconditional acceptance) is, in accordance with art. 438 of the Civil Code of the Russian Federation, full and unconditional acceptance of the Contract, carried out by ordering Goods on the Website.
1.9. Personal data is information related to the Buyer, including information provided by him when placing an Order, which allows identifying the Buyer.
1.10. An analogue of a handwritten signature is clicking the "Confirm Order" button when placing an Order on the Website, or confirming the intention to purchase the Product in other ways provided for in this Agreement.
1.11. Pick–up point - the location of the Seller or the courier company providing services for the delivery of Goods, where the Buyer independently receives the Order.
1.12. The Seller's Manager is the Seller's representative who advises the Buyer on the purchase of Goods, as well as the execution, modification or cancellation of the Order.
1.13. All other terms and definitions found in the text of this Agreement are interpreted by the Parties in accordance with the legislation of the Russian Federation, current recommendations of international standardization bodies on the Internet and established customary rules for the interpretation of relevant terms on the Internet.
1.14. The terms and definitions used in this Agreement may be used both in the singular and in the plural, depending on the context.
2. SUBJECT OF THE AGREEMENT
2.1. The Seller undertakes to transfer ownership to the Buyer, and the Buyer undertakes to accept and pay for the Goods ordered on the Website.
2.2. The Buyer confirms that he has read the current version of this Offer.
2.3. Продавец имеет право в любой момент в одностороннем порядке внести изменения или дополнения в настоящую Оферту. Продавец имеет право обновлять Оферту путем размещения новой редакции в сети Интернет на странице filisti.com. Изменения вступают в силу сразу после размещения новой редакции Оферты на Сайте.
2.4. Оформляя Заказ, Покупатель гарантирует, что полностью ознакомился с текстом настоящей Оферты и принимает ее условия.
3. THE ORDER PROCESSING PROCEDURE
3.1. The fact that the Buyer places an Order by any of the methods provided for in this Agreement is an unconditional acceptance of this Agreement (unconditional acceptance), and the Buyer is considered as a person who has entered into contractual relations with the Seller on the terms specified in the Offer.
3.2. By agreeing to the terms of this Agreement, the Buyer confirms that he is not acting in the interests of third parties, but solely on his own behalf and in his own interests.
3.3. The Customer places an Order using the software and hardware tools of the Service, filling in the sections of the Order interface offered by the Service, selecting the model and other available Product characteristics. When placing an Order, the Buyer fills in the contact information and agrees to the terms of this Agreement.
3.4. The Order can be placed by the Customer using the means of communication with the Seller indicated on the Website, including phone, messengers, e-mail, etc.
3.5. By placing an Order through the Service, as well as leaving personal data (first name, last name, patronymic, phone number, e-mail, delivery address, etc.) in the case of placing an Order through Managers, the Buyer agrees to the Seller to process the Buyer's personal data required for the conclusion of the Contract and the execution of the Order. These relationships are governed by the Company's Personal Data Processing Policy, posted on the Website at: filisti.com /documents.
3.6. When placing an Order, he confirms that he is familiar with the terms of payment and delivery of the Order indicated on the Website. The delivery time may vary more or less, depending on the work of the courier company with which the Seller has a contract for the delivery of Goods to the Buyer.
3.7. The Buyer is responsible for the accuracy, completeness and accuracy of the information provided by him when placing the Order.
3.8. Within 3 (Three) business days after receiving the Order, the Seller contacts the Buyer to confirm the Order, as well as clarify the date, time and delivery address using the contact information provided by the Customer when placing the Order.
3.9. If it is impossible to contact the Buyer to confirm or clarify the Order data within 3 (Three) business days, the Seller has the right to cancel the Order.
3.10. The Order is considered completed after the Order is confirmed by phone or by mail specified in the Order by the Seller's Manager.
3.11. If, after placing an Order, the Buyer's data necessary for the correct execution of the Order has changed, the Buyer is obliged to immediately inform the Seller's contact center about such changes.
3.12. The Buyer independently bears all risks associated with the delay in the execution of the Order, which arose due to changes in the data required for the manufacture and delivery of the Order, as well as changes to the Order at the request of the Buyer.
3.13. The Seller reserves the right to cancel the Order or part of it at the stage of confirmation and/or preparation of the Order for shipment. The Seller reserves the right not to deliver the Order to the Buyer if the Buyer has previously unpaid Orders.
3.14. In case of cancellation of the Order or part of it by the Seller, the Seller notifies the Buyer using the contact details provided by the Buyer when placing the Order and makes a refund of the funds previously paid by the Buyer (if applicable) within 3 (Three) business days from the date of cancellation of the Order or part of it. The refund is made to the Buyer's bank account from which the payment was made.
4. PRODUCT FEATURES
4.1. The Product can be presented on the Website through photo and video content, as well as 3D visualization, which are the intellectual property of the Seller.
4.2. The Product information provided on the Website is for reference purposes and may not fully convey information about the properties and characteristics of the Product, including colors, sizes, fit, materials, textures, and shapes of the Product.
4.3. The images and color of the Product presented on the Website may differ slightly from the Product sold to the Buyer, depending on the resolution and monitor settings, as well as the lighting conditions during shooting.
5. PRODUCT PRICE
5.1. Prices on the Website are indicated in the currency of the Russian Federation per unit of Goods.
5.2. The shipping cost is not included in the price of the Product. The shipping cost is paid by the Buyer separately and is non-refundable in case of return (exchange) The product.
5.3. The price of the Product indicated on the Website may be changed unilaterally by the Seller at any time before the Buyer places an Order. After placing an Order, the price of the Product cannot be changed.
6. PAYMENT FOR THE GOODS
6.1. The Buyer pays for the Goods using the methods specified on the Website.
6.2. In case of choosing a non-cash payment method, the Buyer's obligation to pay for the Goods is considered fulfilled from the moment of crediting funds in the amount of the full cost of the Goods in the form of a 100% prepayment to the Seller's (payment acceptance operator's) current account.
6.3. In case of non-cash payment, the Buyer is obliged to pay the Seller the price of the Goods at the time of placing the Order, and the Seller is obliged to provide the Buyer with a cash receipt.
6.4. In case of non-cash payment, the Seller carries out Delivery (delivery) The Buyer receives the product only after the payment is received.
6.5. The delay in payment by the Buyer of the price of the Goods for a period exceeding 1 (One) calendar day from the date of Ordering the Goods is a material violation of this Agreement and the basis for termination of the Agreement.
6.6. The Buyer pays, at his own expense, the fees charged by credit institutions and/or the payment acceptance operator when making the payment.
7. PRODUCT DELIVERY
7.1. The Goods are delivered to the Buyer at the address specified when placing the Order, or the Buyer independently picks up the Goods from the Seller's warehouse or pick-up point.
7.2. The cost of delivery of each Order is calculated individually and depends on the chosen delivery method.
7.3. Failure of the Buyer to pick up the Goods within 3 (Three) business days from the date of notification of the Buyer of the delivery of the Goods, refusal to accept delivery on the agreed day, postponement of delivery or failure to perform other necessary actions to accept the Goods is recognized as the Buyer's refusal to fulfill the Contract.
7.4. The right of ownership and the risk of accidental loss, loss or damage of the Goods passes to the Buyer from the moment the Goods are handed over to the Buyer or his Representative.
7.5. Upon delivery, the Goods are handed over to the Buyer or Representative. The Seller is not obliged to verify the authority of the Representative when handing over the Goods, if the Representative is located at the Delivery address.
7.6. The Buyer is obliged to accept the Goods by name, quantity and assortment at the time of acceptance.
7.7. Upon acceptance of the Goods, the Buyer or the Buyer's Representative confirms that he has no complaints about the appearance, name, quantity and completeness of the Goods, as well as familiarization with the rules for the return (exchange of Goods).
7.8. After the shipment of the Goods by the transport company, the Seller informs the Buyer of the data of the transport company and the data necessary for the identification of the cargo (Goods).
7.9. The Buyer undertakes to ensure acceptance of the Goods delivered by the shipping company. Upon acceptance of the Goods from the shipping company, the Buyer is obliged to inspect the Goods for the presence and integrity of the packaging. In case of packaging damage or other defects, the Buyer is obliged to make appropriate notes in the shipping documents. Otherwise, subsequent claims of incompleteness or damage to the Goods during transportation will not be accepted by the Seller.
7.10. The Buyer undertakes to reimburse the Seller for the documented costs caused by the refusal to accept the Goods on the day and time specified by the transport company (including the services of the transport company for the responsible storage of the rejected Goods, the services of the transport company for the re-delivery of the Goods).
7.11. If, upon acceptance of the Goods from the transport company, the Buyer refuses the Goods, he is obliged to immediately notify the Seller using the details specified in section 15. Otherwise, the Seller has the right to charge the Buyer with reimbursement of the costs of responsible storage of the Goods by the transport company.
7.12. In case the Buyer refuses the prepaid Goods, not due to violation of the conditions on the quality of the Goods, the Seller withholds in his favor the costs of delivery and return of the Goods, as well as all reasonable costs and expenses incurred (including the cost of storage), any losses, taxes and customs duties from the funds returned to the buyer. The re-shipment of the prepaid Goods to the Buyer is carried out after 100% (One hundred percent) payment of the Seller's shipping costs and the return of the first shipment.
7.13. The delivery dates indicated on the Website are approximate and may differ from the actual ones up or down.
7.14. For Buyers from non-CIS countries, the Seller sends the Goods without taxes and duties of the Buyer's country of residence. The shipping price does not include taxes and duties.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Seller undertakes to:
Do not disclose any personal data of the Buyer and do not provide access to this information to third parties, except in cases provided for by Russian law, this Agreement and the personal data processing policy.
Provide the Buyer with the opportunity to receive free telephone consultations using the phone numbers listed on the Website. The scope of consultations is limited to specific issues related to Order fulfillment and Product characteristics.
The Seller has the right to refuse to confirm and/or execute the Order to the Buyer if the Buyer made an Order earlier and did not pay for it, refused the Order at the time of delivery of the Goods, did not pick up the Goods from the pick-up point, or if the Seller has doubts about the accuracy of the specified Buyer's data, without explaining the reasons.
8.2. The Buyer undertakes to:
Prior to the conclusion of the Agreement, read the contents of this Agreement, the terms of payment and delivery on the Website.
Provide reliable information about yourself (full name, contact phone numbers, email address) and details for the delivery of Goods.
Accept and pay for the Goods within the time limits specified in this Agreement.
9. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION
9.1. The Parties are responsible for non-fulfillment or improper fulfillment of this Agreement in accordance with the procedure provided for by this Agreement and the current legislation of the Russian Federation.
9.2. The Seller is not responsible for the delivery of the Order if the Buyer provided an incorrect delivery address or contact information.
9.3. The Seller is not responsible in case of discrepancies in the availability of the Product on the Website and its actual availability in the Seller's warehouse.
9.4. The Seller is obliged to notify the Buyer of the availability of the Goods at the time of approval of the Order, in case of absence of the Goods, to offer a replacement or specify the approximate time of receipt of the Goods.
9.5. All disputes and disagreements arising from the fulfillment by the Parties of their obligations under this Agreement shall be resolved through negotiations. If it is impossible to eliminate them, the Parties have the right to seek judicial protection of their interests.
9.6. The Parties have established the need to comply with the mandatory pre-trial claim procedure before applying to court. The deadline for responding to a claim is 10 (ten) calendar days from the date of its receipt.
10. RETURN AND EXCHANGE OF GOODS
10.1. The Buyer has the right to refuse the Goods of proper quality, if they do not fit for any reason, at any time before their transfer, as well as after the transfer, within 7 (Seven) calendar days, not counting the day of receipt of the Goods.
10.2. Return of Goods of proper quality:
If the Buyer wants to return the Goods of proper quality, the Seller reserves the right to check the safety of the presentation (in accordance with Article 25 of the Law "On Consumer Rights Protection").
Upon returning the Goods of proper quality, the Seller returns the full value of the Goods to the Buyer, and the Buyer can also order the pick-up of the Goods by paying the shipping costs of the returned Goods (in accordance with clause 4 of Article 26.1 of the Law "On Consumer Rights Protection") or bring the Goods to the Seller's location on their own.
10.2.1. Return of Goods of proper quality produced by the Seller according to the Buyer's individual design and/or with personalization:
A product made according to the Buyer's individual design and/ or using personalization is not subject to return or exchange, unless a technical defect (sewing and/or fabric defect) was made during the production process, provided that the Buyer's technical specification, formed by him during the Order process, by selecting the product parameters (color scheme), were complied with by the Seller.
10.3. Return of Goods of inadequate quality:
In case of complaints about the quality of the Goods, the Seller reserves the right to check the quality of the Goods (in accordance with paragraph 5 of Article 18 of the Law "On Consumer Rights Protection").
The return and replacement of Goods of inadequate quality weighing more than 5 (Five) kilograms is carried out at the expense of the Seller (in accordance with paragraph 7 of Article 18 of the Law "On Consumer Protection").
10.4. In order to return the Goods, it is necessary that the Goods are not in use, that their consumer properties, presentation, packaging, seals, labels, as well as a sales or cash receipt, and documentation for the Goods are preserved.
10.5. If there are complaints about the appearance and completeness of the Goods, the Buyer may refuse to purchase the Goods until the transfer of the Goods. The Buyer has the right to make claims to the appearance of the delivered Goods only before the Seller transfers the Goods.
10.6. Refund of funds:
The refund is made by the Seller to the Buyer's bank account from which the payment was made.
11. FORCE MAJEURE
11.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement for the duration of force majeure. Force majeure means circumstances that are extraordinary and insurmountable under these conditions, preventing the Parties from fulfilling their obligations under this Agreement. These include natural phenomena (earthquakes, floods, etc.), circumstances of public life (military operations, states of emergency, major strikes, epidemics, etc. During this time, the Parties have no mutual claims, and each Party assumes its own risk of the consequences of force majeure.
12. TERM OF THE AGREEMENT
12.1. The Agreement comes into force from the moment of Unconditional acceptance by the Buyer and is valid until the Parties fully fulfill their obligations.
13. CONSENT TO THE PROCESSING OF PERSONAL DATA OF THE BUYER
13.1. By placing an Order on the Website, the Buyer confirms his consent to the processing of his personal data by the Seller and agrees to the "Personal Data Processing Policy" posted on the Internet at filisti.com . The Personal Data Processing Policy is an integral part of this Agreement.
13.2. The list of actions with Personal Data for which the Buyer agrees:
Receiving and storing Personal Data (in electronic form and on paper);
Clarification (update, change) Personal data;
Use of Personal Data for the performance of this Agreement;
Transfer of the Buyer's Personal Data in accordance with the procedure provided for by the legislation of the Russian Federation;
For distribution of catalogs, for marketing and other commercial purposes. The User has the right to refuse to receive such messages by following the unsubscribe link or the instructions provided by the Seller upon receipt of the relevant request.;
To communicate with the User, including sending notifications, requests, and information regarding the use of the Site, the execution of agreements and contracts, as well as processing User Orders and requests.
To transfer Personal Data to any third parties on the territory of the Russian Federation for the purpose of fulfilling this Agreement.
Conducting statistical and other research based on anonymized data.
Improve the quality of the website and the services provided by the Seller.
13.4. The Buyer's consent to the processing of personal data is provided without limitation of its validity period.
13.5. The Buyer, solely by personal request, has the right to revoke (change) this consent to the processing of Personal Data.
13.6. The Seller processes and ensures the confidentiality of Personal Data in accordance with the requirements of the current legislation of the Russian Federation.
14. OTHER PROVISIONS
14.1. The Buyer understands and accepts the terms that information, Product characteristics, and temporary technical errors on the Website may be distorted (characteristics, availability, completeness, and price).
14.2. The Parties interact according to the banking details:
For the Seller – specified in clause 15. of this Agreement;
For the Buyer – specified during the execution of the Order.
15. DETAILS OF THE SELLER
Full name | FASHION TECHNOLOGIES LIMITED LIABILITY COMPANY
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Abbreviated name | FASHION TECHNOLOGIES LLC
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General manager | Filisteeva Maria Igorevna |
Location address | 127276, Moscow, Marfinsky passage d 4, 5th entrance, 1-2 floor |
Contacts | phone.: 8 925 934 33 31 Email: team@filisti.com
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INN/KPP | 9731078320/502401001
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OGRN | 1217700186835
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Bank requisites | BIC: 044525225 Bank name: Sberbank PJSC Correspondent account: 30101810400000000225 Current account: 40702810838000098090 |