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Public offer
IE Gorshunova Elizaveta Aleksandrovna, hereinafter referred to as the ‘Seller’, publishes these Rules (terms and conditions) of purchasing goods remotely on the website of the LIZAVIKA online shop, located on the domain name lizavika.ru. This offer in accordance with paragraph 2 of Art. 437 of the Civil Code of the Russian Federation is a public offer (hereinafter - the Agreement, Public offer), full and unconditional acceptance (acceptance) of the terms of which in accordance with Art. 438 of the Civil Code of the Russian Federation, shall be deemed to be the implementation of the Buyer's exclusive actions - placing an Order for the Goods presented on the Website lizavika.ru in the manner and on the terms set out in this Agreement. By ordering Goods through the Online Shop, the Buyer accepts the terms and conditions of the Agreement, including those related to the processing of the Buyer's and (or) the Order Recipient's Personal Data. In case of disagreement with any clause of the Agreement, the Buyer is offered to refuse to purchase the Goods.
1. Terms and Definitions
1.1 Order means a duly executed and placed request of the Buyer (by filling in the relevant fields on the Website in the ‘Shopping Cart’ and ‘Checkout’ sections) to purchase and deliver one or more Goods to the address specified by the Buyer / by means of self-delivery of the Goods selected by the Buyer on the Website.
1.2 The Buyer is a capable natural person who has fully accepted the terms and conditions of this Public Offer, i.e. accepted by placing orders and purchasing Goods from IE Gorshunova Elizaveta Aleksandrovna, which are presented on the website lizavika.ru, for their personal, household and other needs not related to business activities.
1.3 The recipient of the Order is a legally capable natural person in favour of whom the Buyer places an Order on the lizavika.ru website for his/her personal, household and other needs not related to entrepreneurial activity.
1.4 Seller / Operator - IE Gorshunova Elizaveta Aleksandrovna (TIN 732717801920 / OGRNIP 323774600735734), address of registration: 117519, Russia, Moscow, municipal district Chertanovo Tsentralnoe vn.ter.g., Krasnogo Mayaka ul, 1, k. 1, sq. 237.
1.5 Website - an Internet resource located at lizavika.ru.
1.6. Goods - clothes, accessories and other goods presented for sale on the Site.
1.7. Online Store - the official online shop of the Seller IE Gorshunova Elizaveta.
Alexandrovna, located at the Internet address lizavika.ru, where the Goods offered by the Seller for purchase, as well as the terms of payment and delivery of the Goods to the Buyers are presented.
1.8 Personal Data - any information relating to a directly or indirectly defined or identifiable natural person - the Consumer (referred to as the subject of personal data), which the Consumer voluntarily and knowingly provides independently when placing an Order in the Online Store, and which is necessary for the Online Store to fulfil the Order, as well as information that is automatically collected during the use of the Site - cookies.
1.9 Cookies - the Site uses cookies and similar technologies to ensure maximum convenience to the Buyers by providing personalised information, remembering marketing and content preferences of the Site, as well as helping to get the information the Buyer needs.
1.10. Delivery Service - a third party (courier, transport organisation, etc.) providing services for delivery of Orders under an agreement with the Seller.
1.11. Seller's warehouse - 123104, Moscow, Malaya Bronnaya 2c1. 2. General Provisions
2.1 This Public offer applies to all types of Goods and services presented on the Site, as long as such offers with descriptions are present in the catalogue of the online shop.
2.2 This Public offer shall be deemed to be accepted by the Buyer from the moment of placing an Order by the Buyer, as well as from the moment of acceptance of the Order from the Buyer through the page of the Site ‘Order Form’, which is opened in case of transition to the page ‘Checkout’ in the section ‘Basket’.
2.3 The Contract concluded on the basis of the Buyer's acceptance of this offer shall be a contract of adhesion to which the Buyer accedes without any exceptions and/or reservations.
2.4 The Buyer can place an order in the online shop at lizavika.ru 24 hours a day, 7 days a week, except for periods of routine maintenance or technical failures.
2.5 The addresses and working hours of the shops (points of self-departure), as well as the conditions for making a return are available on the website lizavika.ru in the sections ‘Delivery and payment’ and ‘Return and exchange’.
2.6 The relations between the Buyer and the Seller are regulated by the Civil Code of the Russian Federation on retail sale and purchase (§ 2 Chapter 30), the Law ‘On Protection of Consumer Rights’, the Decree of the Government of the Russian Federation ‘On Approval of the Rules of Distance Selling of Goods’ and other federal laws and legal acts of the Russian Federation adopted in accordance with it.
2.7 The Seller reserves the right to make changes and/or additions to the terms and conditions of this Agreement by placing such changes and/or additions in the text of the Agreement itself when further posted on the Website, in connection with which the Buyer undertakes to regularly monitor changes/additions to the terms and conditions of this Agreement posted on the Website in the ‘Questions and Answers’ section. The new version of the Agreement shall come into force after its publication on the Website and shall apply to any Order made after its publication, unless otherwise provided for by the terms of this Agreement.
2.8 All textual information and graphic images of goods posted on the Site are the property of the Seller or its contractors. Viewing the information or printing the pages of the Site is permitted for personal use only.
3. Subject
3.1 The Seller undertakes to sell the Goods presented in the catalogue of the online shop at lizavika.ru, and the Buyer undertakes to accept and pay for the Goods at the prices specified in the description of the Goods on the relevant page of the Site, on the terms and conditions of this Agreement.
3.2 The fact of placing an order by the Buyer is an unconditional acceptance by the Buyer of the terms and conditions of this Agreement, including those related to the processing of his/her Personal Data.
3.3 The Retail Sales Agreement shall be deemed concluded from the moment the Seller issues to the Buyer a cash or sales receipt or any other document confirming payment for the goods.
3.4 By placing an Order, the Buyer agrees that the Seller may entrust the performance of the Agreement to a third party, while remaining responsible for its performance.
4 Formalisation and terms of Order execution
4.1 The Buyer shall place the order independently on the Website. If it is impossible to order independently on the Website, by means of a message to the online shop operator in social networks, as well as by employees of the garb.room multi-brand showroom at the Buyer's request, specifying the Goods and preferred conditions of its purchase.
4.2 The Buyer's communication with operators and other representatives of the Seller shall be based on the principles of generally accepted morality and communication etiquette. It is strictly prohibited to use obscene words, profanity, abusive language, as well as threats and blackmail, regardless of the form and to whom they were addressed.
4.3 Registration on the Website is not obligatory for placing an Order.
4.4 When placing an Order, the Buyer shall provide the following information:
- information about the name (surname, first name) of the Buyer or the Recipient of the Order (in case the Recipient of the Order is a person other than the Buyer);
- information about the means of communication (e-mail address, contact telephone number);
- settlement centre;
- the method of delivery of the Order;
- delivery address, if the delivery method ‘Courier Delivery’ or ‘SDEK to Door’ is selected, or the address of SDEK delivery point if the delivery method ‘SDEK to Door’ is selected;
- method of payment (when paying for the Order on the Website, the Buyer shall specify bank card details);
- at the Seller's request, other information necessary to fulfil the Seller's obligations to the Buyer under this Agreement.
- bank card details
4.5 The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the Order.
4.6 The Buyer shall be fully responsible for providing incorrect information, which resulted in the Seller's inability to properly fulfil its obligations to the Buyer / Order Recipient.
4.7 In case of unavailability of the Goods ordered by the Buyer at the Seller's warehouse, the Seller shall be entitled to exclude the said Goods from the Order / cancel the Buyer's Order, notifying the Consumer thereof by sending a corresponding e-mail to the address specified by the Buyer when placing the Order.
4.8 The accompanying photographs are mere illustrations of the Goods and may differ from the actual appearance of the Goods. The descriptions / characteristics accompanying the Goods do not claim to be exhaustive and may contain typographical errors. To clarify the information on the Goods, the Buyer should contact the Seller via the feedback system specified in the ‘Contacts’ section.
4.9 In case of cancellation of a fully prepaid Order, the cost of the cancelled Goods shall be returned by the Seller to the Buyer in the manner in which the Goods were paid for.
4.10. After placing an Order on the Website, the Consumer shall be provided with information about the expected delivery dates by sending an email to the address specified by the Buyer when placing the Order.
4.11. The date of transfer of the Goods may be unilaterally changed by the Seller if there are objective, in the Seller's opinion, reasons.
5. Order delivery
5.1 The methods as well as approximate terms of delivery of the Goods sold by the Seller are specified on the Website in the section ‘Delivery and Payment’ at lizavika.ru. Specific delivery terms may be agreed by the Buyer when confirming the Order.
5.2 Delivery is carried out by courier in all cities of Russia and/or worldwide by a transport company. The territory of delivery of the Goods presented on the Website and sold by the Seller is not limited (worldwide) and/or in exceptional cases is determined depending on the capabilities of the transport company. In exceptional cases, the territory and/or delivery methods are specified in the section of the Goods design and/or clarified with the Seller.
5.3 Delivery of the goods to individual countries may be restricted by the legislation of the country of delivery and/or regulations of individual countries and/or international relations. In case of restricted delivery of the goods, the goods shall be returned to the Seller in an accessible way, the money paid for the goods shall be returned within 10 days by the way the money was paid for the goods.
5.4 The Goods may be self-returned from all the Seller's shops in the territory of the Russian Federation.
5.5. Simultaneously with the Goods, the Seller shall hand over a tag with information about the return period.
5.6 The Seller shall endeavour to comply with the agreed delivery terms as much as possible. The Seller is not responsible for possible delays in delivery due to unforeseen circumstances that occurred through no fault of the Seller.
5.7 Upon delivery, the Order shall be handed over to the Buyer or to the recipient of the Order specified in the Order.
5.8 The risk of accidental loss or accidental damage to the Goods shall be transferred to the Consumer from the moment the Order is handed over to him/her and he/she signs the documents confirming the delivery of the Order. In case of non-delivery of the Order, the Seller shall reimburse the Buyer for the cost of the Order and delivery paid by the Buyer in full after receiving confirmation of the loss of the Order.
5.9 The cost of delivery of the Order shall be calculated individually, based on the region and method of delivery and shall be indicated at the final stage of Order placement on the Website
5.10. The Buyer understands and agrees that: delivery is a separate service that is not an integral part of the Goods purchased by the Buyer. Claims to the quality of the purchased Goods arising after receipt and payment for the Goods shall be considered in accordance with the Law of the Russian Federation ‘On Protection of Consumer Rights’ and warranty obligations of the respective Seller. In this regard, the purchase of Goods with delivery does not entitle the Buyer to demand delivery of the purchased Goods for the purpose of warranty service or replacement, does not enable warranty service or replacement of the Goods by travelling to the Buyer and does not imply the possibility of refunding the cost of delivery of the Goods in cases where the Buyer is entitled to a refund for the Goods as such, in accordance with the Law of the Russian Federation dated 07.02.1992 N 2300-1 ‘On Protection of Consumer Rights’.
5.11. The Seller's obligation to transfer the Goods to the Buyer shall be deemed fulfilled at the moment of delivery of the Goods to the Consumer by a transport company or at a pre-agreed place of delivery of the Order (including at a self-delivery point).
5.12. Upon receipt of the Order at the transport company or at the point of self-delivery, the Consumer, after payment for the delivered Goods, shall inspect the delivered Goods and open them in the presence of the transport company's employees to check the Goods for compliance with the declared quantity, assortment and completeness of the Goods, as well as check the integrity of the packaging. If there are any claims to the delivered Goods (non-delivery, attachment of Goods other than those specified in the consignment list, manufacturing defect, other claims), the Consignee shall draw up a Statement of Discrepancies in the presence of the transport company's employees. If the Consignee has not made a claim in the above-mentioned manner, the Seller shall be deemed to have fully and duly performed its obligation to transfer the Goods.
5.13. In case of return of the Goods delivered by means of a transport company due to claims to the Goods, the Payee shall attach the following documents to the Consignment containing the returned Goods: an application for a refund; a copy of the statement of discrepancies; a copy of the payment receipt; a copy of the description of the Consignment; a return form; a photograph documenting the defect; an expert opinion (if any).
5.14. In case of non-receipt of the order by the client, which results in forced transport back - according to the rules of the transport company, the return delivery is paid by the client.
6. Payment for goods
6.1 The price of the goods sold in the Online Shop shall be specified in Russian rubles. Payment shall be made to the accounts specified by the Seller.
6.2 The prices for the Goods are determined by the Seller unilaterally and undisputedly and are indicated on the pages of the Online Shop at lizavika.ru. If the price of the Goods ordered by the Buyer is incorrect, the Seller shall inform the Buyer to confirm the Order at the corrected price or to cancel the Order. If it is impossible to contact the Buyer, the Order shall be considered cancelled, unless the price of the Goods has been reduced and/or is lower than indicated on the pages of the Online Shop. If the Order has been paid for, the Seller shall return to the Buyer the amount paid for the Order in the same manner in which it was paid.
6.3 The price of the Goods on the Website may be unilaterally changed by the Seller. In this case, the price of the Goods ordered by the Buyer shall not be changed. The offer to conclude a contract for a particular product is valid for the period of the product's availability on the Seller's website, subject to the availability of this product in the Seller's warehouse.
6.4 The Buyer may pay in the following ways:
- upon receipt of the order at the self-delivery point in cash or online;
- online payment on the website;
6.5 The method of payment depends on the availability of delivery options in a particular locality. More detailed information on payment methods of the goods can be found in the sections of the site ‘Delivery and payment?’.
6.6. Peculiarities of payment for the Goods by bank cards:
6.6.1 In accordance with the Central Bank of the Russian Federation Regulation ‘On the issue of bank cards and on transactions made with the use of payment cards’ dated 24.12.2004 No. 266-P, bank card transactions are made by the cardholder or a person authorised by him.
6.6.2 Authorisation of bank card transactions shall be performed by the bank. If the bank has grounds to believe that the transaction is fraudulent, the bank shall have the right to refuse to authorise the transaction. Fraudulent operations with bank cards fall under Article 159 of the Criminal Code of the Russian Federation.
6.6.3 In order to avoid cases of various unlawful use of bank cards for payment, all Orders placed on the Website and prepaid with a bank card shall be checked by the Seller.
6.7 The Seller has the right to provide discounts on the Goods and establish a bonus programme. Types of discounts, bonuses, procedure and terms of accrual are determined by the Seller independently and specified on the Website.
6.8 In case when applying a discount / bonus, the recalculated value of the Seller's Goods includes pennies, such value of the Goods shall be rounded down to a multiple of 1 (One) rouble.
6.9 The Seller may decide to block the Buyer's payment method ‘Upon receipt’ for the Goods sold by the Seller in the following cases:
- If the Buyer has committed or has been suspected by the Seller of committing illegal actions aimed at causing losses to the Company (theft, robbery, robbery, fraud, intentional damage to property, etc.);
- if the Buyer, in the Seller's opinion, behaved improperly when communicating with the manager in social networks, sales representative, other employees of the Company and/or committed deliberate actions against the Company's employees (causing harm to health of various degrees of severity, hooliganism, insults, threats, restriction of freedom, etc.).
6.10. In case it has been established that the Buyer, in respect of whom the payment terms ‘Bank Card’ have been established, uses another account for ordering goods on other payment terms (‘Cash or card to courier’), the payment terms ‘Bank Card’ may also be established in respect of such account.
6.11. These provisions are not a manifestation of discrimination and are not aimed at infringement of the rights guaranteed by the legislation of the Russian Federation to consumers, but are aimed at reducing losses from the actions of Buyers.
6.12. The Seller has the right to limit the payment methods available to the Buyer depending on the volume of previous orders.
7. Return and exchange of goods and money
7.1 The return of the Goods sold by the Seller shall be made in accordance with the following return conditions.
7.2 Exchange of the Goods, if they do not suit the Consumer in terms of shape, dimensions, style, colour, size or equipment is possible within the exchange period of 14 days or 7 days (depending on the order method), not counting the day of purchase.
7.3 Return or exchange of goods is possible when: its marketable appearance (packaging, seals, labels), consumer properties are preserved, the completeness of the goods is preserved, as well as the document confirming the fact and conditions of purchase of the specified goods (sales receipt or cash voucher).
7.4 Return of Goods of proper quality
7.4.1 The Consumer has the right to reject the ordered Goods at any time prior to receipt, and after receipt of the Goods - within 14 (Fourteen) days in a retail shop, and 7 (Seven) days (online shop), not counting the day of purchase, except for the Goods made to order, according to the creative task approved by the Buyer. Return of Goods of proper quality is possible in case if its trade dress and consumer properties are preserved.
7.4.2 If the Consumer rejects the Goods, the Seller shall refund the cost of the returned Goods, except for the Seller's expenses related to the delivery of the Goods returned by the Consumer, within 10 (Ten) days from the date of receipt of the returned Goods at the Seller's warehouse together with the application for refund filled in by the Buyer.
7.4.3 If at the time of the Consumer's request a similar product is not available from the Seller, the Buyer may refuse to fulfil this Public Offer and demand a refund of the amount of money paid for the said Goods. The Seller shall refund the amount of money paid for the returned Goods within 10 (Ten) days from the date of return of the Goods.
7.4.4 To process the return of Goods of proper quality (including for the reason of their exchange), the Consumer undertakes to carefully pack the Goods (with all accessories and a full set of accessories) and attach the following documents:
- return form;
7.4.5 The return of the goods can be made at the point of self-delivery. In case of returning the goods via transport companies, the cost of delivery is paid by the customer.
7.5. Return of the Goods of improper quality:
7.5.1 The goods of improper quality means goods that are defective and cannot ensure the performance of their functional qualities, do not meet the requirements specified in the creative assignment (when making goods to order). The received Goods must correspond to the description on the Website. The difference of design or decoration elements from the description stated on the Website is not a sign of improper quality.
7.5.2 The appearance and completeness of the Goods, as well as the completeness of the whole Order, shall be checked by the Buyer or the recipient of the Order at the time of delivery of the Goods.
7.5.3 Upon receipt of the Order, no claims to external defects of the Goods, their quantity, completeness and merchantability shall be accepted.
7.5.4 If the Consumer has received the Goods of improper quality and the Seller has not agreed otherwise in advance, the Buyer shall be entitled to use the provisions of Article 18 ‘Consumer Rights in case of defects in the goods’ of the Law of the Russian Federation dated 07.02.1992 N 2300-1 ‘On Protection of Consumer Rights’.
7.5.5. Claims for refund of the sum of money paid for the Goods shall be satisfied within 10 (Ten) days from the date of the relevant claim (Article 22 of the Law of the Russian Federation ‘On Protection of Consumer Rights’).
7.5.6 The refund is made by returning the cost of the paid Goods to the bank card indicated when ordering the Goods.
7.6. Methods of return:
- via a self-delivery point;
- by SDEK transport company or Russian Post (if there is no SDEK in the locality). The Consumer sends the returned goods by parcel with the most economical tariff with payment at the recipient. The parcel must contain a completed application for return. The goods can also be returned by bringing them to the self-collection point indicated in the ‘Delivery and Payment’ section of the Online Shop website. In such a case, the Consumer shall return the goods to the self-collection points independently.
9. Liability
9.1 The Seller shall not be liable for any damage caused to the Consumer due to improper use of the Goods purchased in the Online Store.
9.2 The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer when placing the Order.
10. Personal Data
10.1 For the purposes of this Public Offer, personal data means any information relating to a directly or indirectly defined or identifiable natural person (subject of personal data) - the Consumer.
10.2 Processing of personal data means any action (operation) or set of actions (operations) performed with or without the use of automation means with the Consumer's personal data, including collection, recording, systematisation, accumulation, storage, clarification (update, change) retrieval, use, transfer (including transfer to third parties, not excluding cross-border transfer, if the need arises in the course of performance of obligations), blocking, deletion, destruction of personal data (including transfer to third parties, not excluding cross-border transfer, if the need arises in the course of performance of obligations).
10.3 The fact of the Buyer's acceptance of the terms and conditions of this Agreement shall be the basis for the Seller and its authorised persons to process the personal data of both the Buyer and the Recipient of the Order (together referred to as the ‘Consumer’), which are necessary for:
- conclusion of a Contract under which the Consumer is a party or beneficiary and further performance of obligations under the concluded Contract, including informing on the status of the Order;
- exercise and fulfil the Seller's functions, powers and duties as provided for by the legislation of the Russian Federation, including, but not limited to: tax, civil, including consumer protection legislation;
- communications, including receiving and processing requests and appeals from Consumers, and quality control of information interaction with them;
- research of the Consumer's satisfaction with the quality of the Goods and the Seller's services;
- analysing the Consumer's actions on the Website (including location) and the functioning of the Website;
- storage of the Consumer's personal data and their carriers in accordance with the Operator's local regulations;
- organising and holding events to increase awareness and loyalty to the LIZAVIKA brand, including promotions and loyalty programmes.
10.4 For the purposes specified in clause 10.4 of this Agreement.
10.3 of this Agreement, the Seller shall be entitled to carry out with the Consumer's personal data:
10.4.1 processing of personal data with or without the use of means of automation, including in information and telecommunications networks, in accordance with the purposes of processing;
10.4.2 transfer (provision, access, cross-border transfer) of personal data to third parties to whom the Consumer's personal data may be disclosed for the purpose of performing and (or) providing technical and organisational services in the performance of the Seller's obligations under the Agreement:
- LLC ‘SDEK’ 111033, Moscow, vn.ter.g. Lefortovo Municipal District, Zolotorozhsky Val str. 4A, page 2 - for delivery and informing on the order status;
- JSC ‘POCHTA ROSSII’ 125252, Moscow, Khoroshevsky Municipal District, ul 3-ya Peschanaya, 2A - for delivery and informing on the status of the order;
- YANDEX LLC 119021, Moscow, Lev Tolstoy str. 16 - for delivery and informing on the status of the order;
- OOO ‘DOSTAVISTA’ 115230, Moscow, vn.ter.g. Nagatino-Sadovniki Municipal District, 4A Nagatinskaya Street, page 9 - for delivery and informing on the status of the order;
- to third parties who are engaged to organise marketing activities and (or) inform Customers about the products and activities on behalf of the Operator;
10.5 The Operator as well as third parties acting on its behalf undertake to comply with the following rules and provide the Consumer with the following guarantees regarding the processing of his/her personal data
- ensure the processing of personal data in compliance with all applicable requirements of the legislation of the Russian Federation in the field of personal data protection, including compliance with the principles, requirements, obligations of the Personal Data Operator established by 152-FZ;
- if the manager/operator, in order to fulfil its obligations to the Consumer, is required to transfer or otherwise disclose the Consumer's personal data to third parties, including governmental authorities, to perform such actions in compliance with legal requirements;
- be responsible for protecting and ensuring the security and confidentiality of Consumers' personal data during its processing in accordance with the requirements of the laws of the Russian Federation.
10.6 Persons processing the Consumer's personal data on behalf of the Operator shall not be liable to the Consumer for unlawful processing of personal data. Such persons are liable for such processing to the Operator.
10.7 The Seller has the right to send information (messages) of an advertising nature to the Buyer's e-mail and/or mobile phone only in the presence of express consent by ticking the ‘agree’ box on the Website.
10.8. The Buyer may refuse to receive advertising information without giving any reason at any time by one of the specified ways:
- by clicking the ‘Unsubscribe’ button in the e-mail;
- contact the Seller's Customer Service at the telephone number specified on the website at lizavika.ru in the ‘Contacts’ section.
10.9 In case the Consumer contacts the Seller by phone, the Operator has the right to record telephone conversations in order to control the quality of information interaction between the Operator's employees and the Consumer, including quality control of Order execution.
10.10. Personal Data shall be processed during the validity of this Agreement and 5 (Five) years after its termination.
10.11. All Personal Data of the Consumer will be stored in accordance with the terms and conditions of the applicable laws of the Russian Federation.
10.12. Upon achievement of the purposes of processing or in case of loss of necessity to achieve these purposes, the processed personal data of Consumers shall be destroyed, unless otherwise provided by law. The Seller undertakes to take all possible measures to ensure destruction of the Consumer's personal data, including by third parties acting on behalf of the Operator.
10.13. The Buyer or the Order Recipient shall have the right to request the Provider to clarify his/her personal data, block or destroy it if the personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing, as well as to take measures provided for by law to protect his/her rights.
11. Term of validity of the Public Offer
11.1 This Public offer comes into effect from the moment of its acceptance by the Buyer and is valid until the moment of withdrawal of the acceptance of the Public offer
12. Additional terms and conditions
12.1 The Seller has the right to assign or otherwise transfer its rights and obligations arising from its relationship with the Buyer to third parties.
12.2 The online shop and provided services may be temporarily, partially or completely unavailable due to preventive or other works or for any other reasons of technical nature.
12.3 If the Consumer has any questions or claims, he/she may contact the Seller by phone or by any other available means. The parties shall endeavour to resolve all disputes arising through negotiations; in case of failure to reach an agreement, the dispute shall be referred to a judicial authority in accordance with the applicable laws of the Russian Federation.
12.4 Recognition by the court of invalidity of any provision of this Public offer shall not entail invalidity of the remaining provisions.
1. Terms and Definitions
1.1 Order means a duly executed and placed request of the Buyer (by filling in the relevant fields on the Website in the ‘Shopping Cart’ and ‘Checkout’ sections) to purchase and deliver one or more Goods to the address specified by the Buyer / by means of self-delivery of the Goods selected by the Buyer on the Website.
1.2 The Buyer is a capable natural person who has fully accepted the terms and conditions of this Public Offer, i.e. accepted by placing orders and purchasing Goods from IE Gorshunova Elizaveta Aleksandrovna, which are presented on the website lizavika.ru, for their personal, household and other needs not related to business activities.
1.3 The recipient of the Order is a legally capable natural person in favour of whom the Buyer places an Order on the lizavika.ru website for his/her personal, household and other needs not related to entrepreneurial activity.
1.4 Seller / Operator - IE Gorshunova Elizaveta Aleksandrovna (TIN 732717801920 / OGRNIP 323774600735734), address of registration: 117519, Russia, Moscow, municipal district Chertanovo Tsentralnoe vn.ter.g., Krasnogo Mayaka ul, 1, k. 1, sq. 237.
1.5 Website - an Internet resource located at lizavika.ru.
1.6. Goods - clothes, accessories and other goods presented for sale on the Site.
1.7. Online Store - the official online shop of the Seller IE Gorshunova Elizaveta.
Alexandrovna, located at the Internet address lizavika.ru, where the Goods offered by the Seller for purchase, as well as the terms of payment and delivery of the Goods to the Buyers are presented.
1.8 Personal Data - any information relating to a directly or indirectly defined or identifiable natural person - the Consumer (referred to as the subject of personal data), which the Consumer voluntarily and knowingly provides independently when placing an Order in the Online Store, and which is necessary for the Online Store to fulfil the Order, as well as information that is automatically collected during the use of the Site - cookies.
1.9 Cookies - the Site uses cookies and similar technologies to ensure maximum convenience to the Buyers by providing personalised information, remembering marketing and content preferences of the Site, as well as helping to get the information the Buyer needs.
1.10. Delivery Service - a third party (courier, transport organisation, etc.) providing services for delivery of Orders under an agreement with the Seller.
1.11. Seller's warehouse - 123104, Moscow, Malaya Bronnaya 2c1. 2. General Provisions
2.1 This Public offer applies to all types of Goods and services presented on the Site, as long as such offers with descriptions are present in the catalogue of the online shop.
2.2 This Public offer shall be deemed to be accepted by the Buyer from the moment of placing an Order by the Buyer, as well as from the moment of acceptance of the Order from the Buyer through the page of the Site ‘Order Form’, which is opened in case of transition to the page ‘Checkout’ in the section ‘Basket’.
2.3 The Contract concluded on the basis of the Buyer's acceptance of this offer shall be a contract of adhesion to which the Buyer accedes without any exceptions and/or reservations.
2.4 The Buyer can place an order in the online shop at lizavika.ru 24 hours a day, 7 days a week, except for periods of routine maintenance or technical failures.
2.5 The addresses and working hours of the shops (points of self-departure), as well as the conditions for making a return are available on the website lizavika.ru in the sections ‘Delivery and payment’ and ‘Return and exchange’.
2.6 The relations between the Buyer and the Seller are regulated by the Civil Code of the Russian Federation on retail sale and purchase (§ 2 Chapter 30), the Law ‘On Protection of Consumer Rights’, the Decree of the Government of the Russian Federation ‘On Approval of the Rules of Distance Selling of Goods’ and other federal laws and legal acts of the Russian Federation adopted in accordance with it.
2.7 The Seller reserves the right to make changes and/or additions to the terms and conditions of this Agreement by placing such changes and/or additions in the text of the Agreement itself when further posted on the Website, in connection with which the Buyer undertakes to regularly monitor changes/additions to the terms and conditions of this Agreement posted on the Website in the ‘Questions and Answers’ section. The new version of the Agreement shall come into force after its publication on the Website and shall apply to any Order made after its publication, unless otherwise provided for by the terms of this Agreement.
2.8 All textual information and graphic images of goods posted on the Site are the property of the Seller or its contractors. Viewing the information or printing the pages of the Site is permitted for personal use only.
3. Subject
3.1 The Seller undertakes to sell the Goods presented in the catalogue of the online shop at lizavika.ru, and the Buyer undertakes to accept and pay for the Goods at the prices specified in the description of the Goods on the relevant page of the Site, on the terms and conditions of this Agreement.
3.2 The fact of placing an order by the Buyer is an unconditional acceptance by the Buyer of the terms and conditions of this Agreement, including those related to the processing of his/her Personal Data.
3.3 The Retail Sales Agreement shall be deemed concluded from the moment the Seller issues to the Buyer a cash or sales receipt or any other document confirming payment for the goods.
3.4 By placing an Order, the Buyer agrees that the Seller may entrust the performance of the Agreement to a third party, while remaining responsible for its performance.
4 Formalisation and terms of Order execution
4.1 The Buyer shall place the order independently on the Website. If it is impossible to order independently on the Website, by means of a message to the online shop operator in social networks, as well as by employees of the garb.room multi-brand showroom at the Buyer's request, specifying the Goods and preferred conditions of its purchase.
4.2 The Buyer's communication with operators and other representatives of the Seller shall be based on the principles of generally accepted morality and communication etiquette. It is strictly prohibited to use obscene words, profanity, abusive language, as well as threats and blackmail, regardless of the form and to whom they were addressed.
4.3 Registration on the Website is not obligatory for placing an Order.
4.4 When placing an Order, the Buyer shall provide the following information:
- information about the name (surname, first name) of the Buyer or the Recipient of the Order (in case the Recipient of the Order is a person other than the Buyer);
- information about the means of communication (e-mail address, contact telephone number);
- settlement centre;
- the method of delivery of the Order;
- delivery address, if the delivery method ‘Courier Delivery’ or ‘SDEK to Door’ is selected, or the address of SDEK delivery point if the delivery method ‘SDEK to Door’ is selected;
- method of payment (when paying for the Order on the Website, the Buyer shall specify bank card details);
- at the Seller's request, other information necessary to fulfil the Seller's obligations to the Buyer under this Agreement.
- bank card details
4.5 The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the Order.
4.6 The Buyer shall be fully responsible for providing incorrect information, which resulted in the Seller's inability to properly fulfil its obligations to the Buyer / Order Recipient.
4.7 In case of unavailability of the Goods ordered by the Buyer at the Seller's warehouse, the Seller shall be entitled to exclude the said Goods from the Order / cancel the Buyer's Order, notifying the Consumer thereof by sending a corresponding e-mail to the address specified by the Buyer when placing the Order.
4.8 The accompanying photographs are mere illustrations of the Goods and may differ from the actual appearance of the Goods. The descriptions / characteristics accompanying the Goods do not claim to be exhaustive and may contain typographical errors. To clarify the information on the Goods, the Buyer should contact the Seller via the feedback system specified in the ‘Contacts’ section.
4.9 In case of cancellation of a fully prepaid Order, the cost of the cancelled Goods shall be returned by the Seller to the Buyer in the manner in which the Goods were paid for.
4.10. After placing an Order on the Website, the Consumer shall be provided with information about the expected delivery dates by sending an email to the address specified by the Buyer when placing the Order.
4.11. The date of transfer of the Goods may be unilaterally changed by the Seller if there are objective, in the Seller's opinion, reasons.
5. Order delivery
5.1 The methods as well as approximate terms of delivery of the Goods sold by the Seller are specified on the Website in the section ‘Delivery and Payment’ at lizavika.ru. Specific delivery terms may be agreed by the Buyer when confirming the Order.
5.2 Delivery is carried out by courier in all cities of Russia and/or worldwide by a transport company. The territory of delivery of the Goods presented on the Website and sold by the Seller is not limited (worldwide) and/or in exceptional cases is determined depending on the capabilities of the transport company. In exceptional cases, the territory and/or delivery methods are specified in the section of the Goods design and/or clarified with the Seller.
5.3 Delivery of the goods to individual countries may be restricted by the legislation of the country of delivery and/or regulations of individual countries and/or international relations. In case of restricted delivery of the goods, the goods shall be returned to the Seller in an accessible way, the money paid for the goods shall be returned within 10 days by the way the money was paid for the goods.
5.4 The Goods may be self-returned from all the Seller's shops in the territory of the Russian Federation.
5.5. Simultaneously with the Goods, the Seller shall hand over a tag with information about the return period.
5.6 The Seller shall endeavour to comply with the agreed delivery terms as much as possible. The Seller is not responsible for possible delays in delivery due to unforeseen circumstances that occurred through no fault of the Seller.
5.7 Upon delivery, the Order shall be handed over to the Buyer or to the recipient of the Order specified in the Order.
5.8 The risk of accidental loss or accidental damage to the Goods shall be transferred to the Consumer from the moment the Order is handed over to him/her and he/she signs the documents confirming the delivery of the Order. In case of non-delivery of the Order, the Seller shall reimburse the Buyer for the cost of the Order and delivery paid by the Buyer in full after receiving confirmation of the loss of the Order.
5.9 The cost of delivery of the Order shall be calculated individually, based on the region and method of delivery and shall be indicated at the final stage of Order placement on the Website
5.10. The Buyer understands and agrees that: delivery is a separate service that is not an integral part of the Goods purchased by the Buyer. Claims to the quality of the purchased Goods arising after receipt and payment for the Goods shall be considered in accordance with the Law of the Russian Federation ‘On Protection of Consumer Rights’ and warranty obligations of the respective Seller. In this regard, the purchase of Goods with delivery does not entitle the Buyer to demand delivery of the purchased Goods for the purpose of warranty service or replacement, does not enable warranty service or replacement of the Goods by travelling to the Buyer and does not imply the possibility of refunding the cost of delivery of the Goods in cases where the Buyer is entitled to a refund for the Goods as such, in accordance with the Law of the Russian Federation dated 07.02.1992 N 2300-1 ‘On Protection of Consumer Rights’.
5.11. The Seller's obligation to transfer the Goods to the Buyer shall be deemed fulfilled at the moment of delivery of the Goods to the Consumer by a transport company or at a pre-agreed place of delivery of the Order (including at a self-delivery point).
5.12. Upon receipt of the Order at the transport company or at the point of self-delivery, the Consumer, after payment for the delivered Goods, shall inspect the delivered Goods and open them in the presence of the transport company's employees to check the Goods for compliance with the declared quantity, assortment and completeness of the Goods, as well as check the integrity of the packaging. If there are any claims to the delivered Goods (non-delivery, attachment of Goods other than those specified in the consignment list, manufacturing defect, other claims), the Consignee shall draw up a Statement of Discrepancies in the presence of the transport company's employees. If the Consignee has not made a claim in the above-mentioned manner, the Seller shall be deemed to have fully and duly performed its obligation to transfer the Goods.
5.13. In case of return of the Goods delivered by means of a transport company due to claims to the Goods, the Payee shall attach the following documents to the Consignment containing the returned Goods: an application for a refund; a copy of the statement of discrepancies; a copy of the payment receipt; a copy of the description of the Consignment; a return form; a photograph documenting the defect; an expert opinion (if any).
5.14. In case of non-receipt of the order by the client, which results in forced transport back - according to the rules of the transport company, the return delivery is paid by the client.
6. Payment for goods
6.1 The price of the goods sold in the Online Shop shall be specified in Russian rubles. Payment shall be made to the accounts specified by the Seller.
6.2 The prices for the Goods are determined by the Seller unilaterally and undisputedly and are indicated on the pages of the Online Shop at lizavika.ru. If the price of the Goods ordered by the Buyer is incorrect, the Seller shall inform the Buyer to confirm the Order at the corrected price or to cancel the Order. If it is impossible to contact the Buyer, the Order shall be considered cancelled, unless the price of the Goods has been reduced and/or is lower than indicated on the pages of the Online Shop. If the Order has been paid for, the Seller shall return to the Buyer the amount paid for the Order in the same manner in which it was paid.
6.3 The price of the Goods on the Website may be unilaterally changed by the Seller. In this case, the price of the Goods ordered by the Buyer shall not be changed. The offer to conclude a contract for a particular product is valid for the period of the product's availability on the Seller's website, subject to the availability of this product in the Seller's warehouse.
6.4 The Buyer may pay in the following ways:
- upon receipt of the order at the self-delivery point in cash or online;
- online payment on the website;
6.5 The method of payment depends on the availability of delivery options in a particular locality. More detailed information on payment methods of the goods can be found in the sections of the site ‘Delivery and payment?’.
6.6. Peculiarities of payment for the Goods by bank cards:
6.6.1 In accordance with the Central Bank of the Russian Federation Regulation ‘On the issue of bank cards and on transactions made with the use of payment cards’ dated 24.12.2004 No. 266-P, bank card transactions are made by the cardholder or a person authorised by him.
6.6.2 Authorisation of bank card transactions shall be performed by the bank. If the bank has grounds to believe that the transaction is fraudulent, the bank shall have the right to refuse to authorise the transaction. Fraudulent operations with bank cards fall under Article 159 of the Criminal Code of the Russian Federation.
6.6.3 In order to avoid cases of various unlawful use of bank cards for payment, all Orders placed on the Website and prepaid with a bank card shall be checked by the Seller.
6.7 The Seller has the right to provide discounts on the Goods and establish a bonus programme. Types of discounts, bonuses, procedure and terms of accrual are determined by the Seller independently and specified on the Website.
6.8 In case when applying a discount / bonus, the recalculated value of the Seller's Goods includes pennies, such value of the Goods shall be rounded down to a multiple of 1 (One) rouble.
6.9 The Seller may decide to block the Buyer's payment method ‘Upon receipt’ for the Goods sold by the Seller in the following cases:
- If the Buyer has committed or has been suspected by the Seller of committing illegal actions aimed at causing losses to the Company (theft, robbery, robbery, fraud, intentional damage to property, etc.);
- if the Buyer, in the Seller's opinion, behaved improperly when communicating with the manager in social networks, sales representative, other employees of the Company and/or committed deliberate actions against the Company's employees (causing harm to health of various degrees of severity, hooliganism, insults, threats, restriction of freedom, etc.).
6.10. In case it has been established that the Buyer, in respect of whom the payment terms ‘Bank Card’ have been established, uses another account for ordering goods on other payment terms (‘Cash or card to courier’), the payment terms ‘Bank Card’ may also be established in respect of such account.
6.11. These provisions are not a manifestation of discrimination and are not aimed at infringement of the rights guaranteed by the legislation of the Russian Federation to consumers, but are aimed at reducing losses from the actions of Buyers.
6.12. The Seller has the right to limit the payment methods available to the Buyer depending on the volume of previous orders.
7. Return and exchange of goods and money
7.1 The return of the Goods sold by the Seller shall be made in accordance with the following return conditions.
7.2 Exchange of the Goods, if they do not suit the Consumer in terms of shape, dimensions, style, colour, size or equipment is possible within the exchange period of 14 days or 7 days (depending on the order method), not counting the day of purchase.
7.3 Return or exchange of goods is possible when: its marketable appearance (packaging, seals, labels), consumer properties are preserved, the completeness of the goods is preserved, as well as the document confirming the fact and conditions of purchase of the specified goods (sales receipt or cash voucher).
7.4 Return of Goods of proper quality
7.4.1 The Consumer has the right to reject the ordered Goods at any time prior to receipt, and after receipt of the Goods - within 14 (Fourteen) days in a retail shop, and 7 (Seven) days (online shop), not counting the day of purchase, except for the Goods made to order, according to the creative task approved by the Buyer. Return of Goods of proper quality is possible in case if its trade dress and consumer properties are preserved.
7.4.2 If the Consumer rejects the Goods, the Seller shall refund the cost of the returned Goods, except for the Seller's expenses related to the delivery of the Goods returned by the Consumer, within 10 (Ten) days from the date of receipt of the returned Goods at the Seller's warehouse together with the application for refund filled in by the Buyer.
7.4.3 If at the time of the Consumer's request a similar product is not available from the Seller, the Buyer may refuse to fulfil this Public Offer and demand a refund of the amount of money paid for the said Goods. The Seller shall refund the amount of money paid for the returned Goods within 10 (Ten) days from the date of return of the Goods.
7.4.4 To process the return of Goods of proper quality (including for the reason of their exchange), the Consumer undertakes to carefully pack the Goods (with all accessories and a full set of accessories) and attach the following documents:
- return form;
7.4.5 The return of the goods can be made at the point of self-delivery. In case of returning the goods via transport companies, the cost of delivery is paid by the customer.
7.5. Return of the Goods of improper quality:
7.5.1 The goods of improper quality means goods that are defective and cannot ensure the performance of their functional qualities, do not meet the requirements specified in the creative assignment (when making goods to order). The received Goods must correspond to the description on the Website. The difference of design or decoration elements from the description stated on the Website is not a sign of improper quality.
7.5.2 The appearance and completeness of the Goods, as well as the completeness of the whole Order, shall be checked by the Buyer or the recipient of the Order at the time of delivery of the Goods.
7.5.3 Upon receipt of the Order, no claims to external defects of the Goods, their quantity, completeness and merchantability shall be accepted.
7.5.4 If the Consumer has received the Goods of improper quality and the Seller has not agreed otherwise in advance, the Buyer shall be entitled to use the provisions of Article 18 ‘Consumer Rights in case of defects in the goods’ of the Law of the Russian Federation dated 07.02.1992 N 2300-1 ‘On Protection of Consumer Rights’.
7.5.5. Claims for refund of the sum of money paid for the Goods shall be satisfied within 10 (Ten) days from the date of the relevant claim (Article 22 of the Law of the Russian Federation ‘On Protection of Consumer Rights’).
7.5.6 The refund is made by returning the cost of the paid Goods to the bank card indicated when ordering the Goods.
7.6. Methods of return:
- via a self-delivery point;
- by SDEK transport company or Russian Post (if there is no SDEK in the locality). The Consumer sends the returned goods by parcel with the most economical tariff with payment at the recipient. The parcel must contain a completed application for return. The goods can also be returned by bringing them to the self-collection point indicated in the ‘Delivery and Payment’ section of the Online Shop website. In such a case, the Consumer shall return the goods to the self-collection points independently.
9. Liability
9.1 The Seller shall not be liable for any damage caused to the Consumer due to improper use of the Goods purchased in the Online Store.
9.2 The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer when placing the Order.
10. Personal Data
10.1 For the purposes of this Public Offer, personal data means any information relating to a directly or indirectly defined or identifiable natural person (subject of personal data) - the Consumer.
10.2 Processing of personal data means any action (operation) or set of actions (operations) performed with or without the use of automation means with the Consumer's personal data, including collection, recording, systematisation, accumulation, storage, clarification (update, change) retrieval, use, transfer (including transfer to third parties, not excluding cross-border transfer, if the need arises in the course of performance of obligations), blocking, deletion, destruction of personal data (including transfer to third parties, not excluding cross-border transfer, if the need arises in the course of performance of obligations).
10.3 The fact of the Buyer's acceptance of the terms and conditions of this Agreement shall be the basis for the Seller and its authorised persons to process the personal data of both the Buyer and the Recipient of the Order (together referred to as the ‘Consumer’), which are necessary for:
- conclusion of a Contract under which the Consumer is a party or beneficiary and further performance of obligations under the concluded Contract, including informing on the status of the Order;
- exercise and fulfil the Seller's functions, powers and duties as provided for by the legislation of the Russian Federation, including, but not limited to: tax, civil, including consumer protection legislation;
- communications, including receiving and processing requests and appeals from Consumers, and quality control of information interaction with them;
- research of the Consumer's satisfaction with the quality of the Goods and the Seller's services;
- analysing the Consumer's actions on the Website (including location) and the functioning of the Website;
- storage of the Consumer's personal data and their carriers in accordance with the Operator's local regulations;
- organising and holding events to increase awareness and loyalty to the LIZAVIKA brand, including promotions and loyalty programmes.
10.4 For the purposes specified in clause 10.4 of this Agreement.
10.3 of this Agreement, the Seller shall be entitled to carry out with the Consumer's personal data:
10.4.1 processing of personal data with or without the use of means of automation, including in information and telecommunications networks, in accordance with the purposes of processing;
10.4.2 transfer (provision, access, cross-border transfer) of personal data to third parties to whom the Consumer's personal data may be disclosed for the purpose of performing and (or) providing technical and organisational services in the performance of the Seller's obligations under the Agreement:
- LLC ‘SDEK’ 111033, Moscow, vn.ter.g. Lefortovo Municipal District, Zolotorozhsky Val str. 4A, page 2 - for delivery and informing on the order status;
- JSC ‘POCHTA ROSSII’ 125252, Moscow, Khoroshevsky Municipal District, ul 3-ya Peschanaya, 2A - for delivery and informing on the status of the order;
- YANDEX LLC 119021, Moscow, Lev Tolstoy str. 16 - for delivery and informing on the status of the order;
- OOO ‘DOSTAVISTA’ 115230, Moscow, vn.ter.g. Nagatino-Sadovniki Municipal District, 4A Nagatinskaya Street, page 9 - for delivery and informing on the status of the order;
- to third parties who are engaged to organise marketing activities and (or) inform Customers about the products and activities on behalf of the Operator;
10.5 The Operator as well as third parties acting on its behalf undertake to comply with the following rules and provide the Consumer with the following guarantees regarding the processing of his/her personal data
- ensure the processing of personal data in compliance with all applicable requirements of the legislation of the Russian Federation in the field of personal data protection, including compliance with the principles, requirements, obligations of the Personal Data Operator established by 152-FZ;
- if the manager/operator, in order to fulfil its obligations to the Consumer, is required to transfer or otherwise disclose the Consumer's personal data to third parties, including governmental authorities, to perform such actions in compliance with legal requirements;
- be responsible for protecting and ensuring the security and confidentiality of Consumers' personal data during its processing in accordance with the requirements of the laws of the Russian Federation.
10.6 Persons processing the Consumer's personal data on behalf of the Operator shall not be liable to the Consumer for unlawful processing of personal data. Such persons are liable for such processing to the Operator.
10.7 The Seller has the right to send information (messages) of an advertising nature to the Buyer's e-mail and/or mobile phone only in the presence of express consent by ticking the ‘agree’ box on the Website.
10.8. The Buyer may refuse to receive advertising information without giving any reason at any time by one of the specified ways:
- by clicking the ‘Unsubscribe’ button in the e-mail;
- contact the Seller's Customer Service at the telephone number specified on the website at lizavika.ru in the ‘Contacts’ section.
10.9 In case the Consumer contacts the Seller by phone, the Operator has the right to record telephone conversations in order to control the quality of information interaction between the Operator's employees and the Consumer, including quality control of Order execution.
10.10. Personal Data shall be processed during the validity of this Agreement and 5 (Five) years after its termination.
10.11. All Personal Data of the Consumer will be stored in accordance with the terms and conditions of the applicable laws of the Russian Federation.
10.12. Upon achievement of the purposes of processing or in case of loss of necessity to achieve these purposes, the processed personal data of Consumers shall be destroyed, unless otherwise provided by law. The Seller undertakes to take all possible measures to ensure destruction of the Consumer's personal data, including by third parties acting on behalf of the Operator.
10.13. The Buyer or the Order Recipient shall have the right to request the Provider to clarify his/her personal data, block or destroy it if the personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing, as well as to take measures provided for by law to protect his/her rights.
11. Term of validity of the Public Offer
11.1 This Public offer comes into effect from the moment of its acceptance by the Buyer and is valid until the moment of withdrawal of the acceptance of the Public offer
12. Additional terms and conditions
12.1 The Seller has the right to assign or otherwise transfer its rights and obligations arising from its relationship with the Buyer to third parties.
12.2 The online shop and provided services may be temporarily, partially or completely unavailable due to preventive or other works or for any other reasons of technical nature.
12.3 If the Consumer has any questions or claims, he/she may contact the Seller by phone or by any other available means. The parties shall endeavour to resolve all disputes arising through negotiations; in case of failure to reach an agreement, the dispute shall be referred to a judicial authority in accordance with the applicable laws of the Russian Federation.
12.4 Recognition by the court of invalidity of any provision of this Public offer shall not entail invalidity of the remaining provisions.