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Public offer agreement

Public offer agreement (on the sale of Goods remotely)

Attention! We strongly recommend reading the text of this Agreement. Getting started using the website boltaeva.com means your full agreement with all the terms of this Agreement and its proper conclusion in accordance with the procedure provided for in Article 435 and paragraph 2 of Article 437 of the Civil Code of the Russian Federation. Any use of the functionality of the website by you boltaeva.com means your full and unconditional acceptance of the terms of this Agreement. Failure by you to accept the terms of this Agreement in full entails the absence of rights to use the website boltaeva.com for any purpose.

Individual entrepreneur Individual entrepreneur Boltayeva Manzura Fayziddinovna, acting on the basis of the certificate of registration of OGRNIP 318665800066023 (hereinafter referred to as the "Seller"), on the one hand, and accepted the offer, permanently posted on the Internet in the relevant section of the site boltaeva.com (hereinafter referred to as the "Online Store"), a capable user of a website on the Internet boltaeva.com (next – "Buyer", "User") have concluded this Agreement (by accepting a public offer), regulating any use of the Online Store, as well as the procedure for concluding and executing a retail sale agreement for Goods submitted for purchase in the Online Store.

1. Basic concepts

Website – boltaeva.com

Online store – a set of programs for electronic computers and other information, access to which is provided via the Internet at a network address boltaeva.com owned and administered by the Seller and/or persons authorized by him, including functionality that provides the possibility of concluding a retail sale agreement for the Goods presented on it.

Site Visitor (Visitor) – a person who came to the site boltaeva.com without the purpose of placing an order.

User – an individual, a Site visitor who accepts the terms of this Agreement and wants to place Orders in the Online store boltaeva.com .

Buyer – Consumer, a user who placed an Order in an online store boltaeva.com .

Seller – Individual entrepreneur Boltaeva Manzura Fayziddinovna (OGRNIP 318665800066023)

Personal Account is a User / Buyer's page accessible after passing the registration procedure on the Site, containing personal data and access to which is carried out using a login and password, or using a phone number and a login code directed to it, as well as accessible by authorization through other services supported by the Site. Actions performed through the Personal Account are considered to be performed by the User / Buyer whose personal data is indicated in the Personal Account.

Buyer's personal data – data directly or indirectly related to the Buyer as an individual: surname, first name, email address, contact phone number and other similar information.

Product – clothing, accessories and other goods presented for sale on the Website.

An order is a duly executed request of the Buyer for the purchase and delivery to the address specified by the Buyer / by means of pickup from the pick–up point of the transport company of the Goods selected on the Website.

2. General provisions

2.1. The Seller carries out the retail sale of Goods through the Online store at boltaeva.com.

2.2. By using the Online Store in any form / Ordering Goods through the Online Store, the User agrees to the terms of this Agreement, including in terms of the terms of sale of Goods. In case of disagreement with this agreement (hereinafter referred to as the Agreement / Public Offer), the User is obliged to immediately stop using the service and leave the site boltaeva.com.

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. In case of contradictions between the provisions of this Offer and the information posted in the Online Store, the information provided in the Online Store has priority.

2.5. The terms of this Offer may be changed by the Seller unilaterally without notifying the User / Buyer. The new version of the Offer comes into force immediately from the moment of its publication in the relevant section of the Website, unless otherwise expressly provided by its terms.

2.6. By informing the Seller of his e-mail and phone number, the Site Visitor / User / Buyer agrees to the use of these means of communication by the Seller, as well as by third parties attracted by him for the purpose of fulfilling obligations to Site Visitors / Users / 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.

2.7. By making an Order, the User / Buyer agrees that the Seller can entrust the execution of the Contract to a third party, while remaining responsible for its execution.

2.8. For Buyers who have made an Order before the entry into force of the new version of this Offer, the version valid at the time of placing the Order remains valid.

2.9. The Buyer has the right to place an order in the Online store at any time of its actual operation, except for periods of routine maintenance or technical failures.

The terms of delivery, pickup, payment and other issues related to the conclusion of a contract for the retail sale of Goods between the Buyer and the Seller are regulated by the relevant sections of the Online store.

3. Subject of the contract

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 boltaeva.com.

3.2. This Agreement applies to all types of Goods presented on the Site, as long as such offers with a description are present in the catalog of the Online store.

3.3. Acceptance of this Offer (conclusion of an Agreement) is the execution by the Buyer of an Order for Goods in accordance with the terms of this Offer and the functionality of the Online store. The Buyer makes an Order for the Goods by performing the actions provided for by the functionality of the Online store.

3.4. By accepting this Offer (entering into an Agreement), the Buyer agrees that the registration data (including personal data) is provided by him voluntarily; registration data (including personal data) is transferred to the Seller for the purposes specified in this Agreement and may be transferred to third parties for the implementation of the specified in the Agreement goals; registration data (including personal data) can be used by the Seller to promote goods and services by making direct contacts with the Buyer through appropriate communication channels.

4. Rights and obligations of the Parties

4.1. The Seller undertakes:

4.1.1. From the moment of conclusion of this Agreement, to ensure in full all obligations to the Buyer in accordance with its terms and requirements of the current legislation.

4.1.2. Deliver the Goods of proper quality to the Buyer in accordance with the terms of this Agreement.

4.2. The Seller has the right to:

4.2.1. Change the terms of this Agreement, the Prices of the Goods, methods and terms of payment and delivery of the Goods unilaterally by posting the changed terms in the relevant sections of the Online store. All changes take effect immediately after publication and are considered to be brought to the attention of the Buyer from the moment of such publication.

4.2.2. Refuse to fulfill this Agreement regarding the sale of Goods in case of non-fulfillment by the Buyer of obligations to pay for it, as well as in case the Buyer indicates incorrect / incomplete information necessary for the fulfillment of the Seller's obligations.

4.2.3. To refuse to execute this Agreement regarding the sale of Goods in whole or in part in the absence of the Goods ordered by the Buyer at the disposal of the Seller.

4.2.4. Without the consent of the Buyer, transfer their rights and obligations to fulfill the Agreement to third parties (including obligations to deliver Goods).

4.2.5. To send to the Buyer advertising and informational messages (SMS and e-mail newsletters) with information about discounts, promotions, new arrivals, etc. The frequency and content of mailings is determined by the Seller independently unilaterally.

4.2.6. Make restrictions on the amount of ordered Goods for one day of delivery, followed by notification of the specified fact to the Buyer.

4.3. The Buyer undertakes:

4.3.1 Prior to the conclusion of this Agreement, familiarize yourself with its contents, as well as other provisions governing the execution of this Agreement and posted in the relevant sections of the Online Store.

4.3.2. Provide all necessary data that uniquely identifies him as a Buyer or a person authorized by him when transferring the Goods.

4.3.3. Pay for the ordered Goods and their delivery under the terms of this Agreement.

5. Product and purchase procedure

5.1. The Buyer's order is made in accordance with the procedures given in the Online store in the sections "Terms of delivery" and "Payment".

The Buyer is fully responsible for providing false or incomplete information, which resulted in the inability of the Seller to properly fulfill its obligations to the Buyer and / or other negative consequences for the parties to this Agreement.

5.2. In order to place an Order, the Buyer undertakes to fill out the form provided for by the functionality of the Online store, in particular by providing the following information:

- last name, first name, patronymic;

- email address, contact phone number;

- the delivery address of the Goods;

- city, country of residence.

The Buyer is fully responsible for providing false or incomplete information that has resulted in the inability of the Seller to properly fulfill its obligations to the Buyer and/ or other negative consequences for the parties to this Agreement.

5.3. The Seller has the right to clarify the information provided by the Buyer, the provision of which is provided for in clause 5.2 of the Agreement, by telephone.

5.4. The Buyer has the right to receive clarifying information concerning the properties and characteristics of the Goods presented in the Seller's Online store by telephone or e-mail (contact information is provided in the "Contacts" section provided in the Online Store).

5.5. After placing an Order in the Online store, the Buyer receives a notification of this fact by sending an electronic message to the address specified by the Buyer when placing it.

According to the results of placing an Order, an identification number is assigned to the Order, which is used for its individualization in further interaction between the Buyer and the Seller. The identification number is sent to the Buyer in the notification of the fact of placing the Order.

5.6. The formation of the Order (preparation of the Goods for transfer to the Buyer) is carried out on the next working day after its registration on the website. The formation and dispatch of orders is carried out during the working hours of managers, on weekdays from Monday to Friday, with the exception of holidays.

5.7. In the absence of the Goods ordered by the Buyer in the Seller's warehouse, the latter has the right to exclude the specified names of the Goods from the Order or cancel the Buyer's Order in full, notifying the Buyer by sending an appropriate email message to the address specified by the Buyer when placing the Order or by telephone communication.

5.8. The Buyer has the right to cancel the Order on his own initiative before the end of its formation. In case of cancellation of a fully or partially prepaid Order, the cost of the canceled Order is returned by the Seller to the Buyer in the manner in which the Goods were paid.

5.9. The transfer of the Goods to the Buyer is possible by delivery of the Goods to the Buyer's location or to the pick-up point of the delivery service. The choice of the form of transfer of the Goods to the Buyer is carried out by him independently during the ordering process.

5.10. After the Order is formed and sent, the Seller undertakes to notify the Buyer and provide the information necessary for the acceptance of the Goods (in particular, the track number of the shipment).

5.11. By informing the Seller of the full name, email address and phone number, the 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 under this Agreement.

5.12. When Making An Order, the User/The Buyer agrees that the delivery of the Goods is carried out by a third party, namely the transport company chosen by the Buyer from the list presented on the website.

5.13. All rights and obligations under the Retail Sale Agreement concluded with the User arise directly from the Seller.

6. Payment for the goods

6.1. The price of the goods sold in the Online store is indicated in its corresponding sections in rubles of the Russian Federation (RUB), Euro (EUR), Dirhams (AED).

6.2. 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 is not subject to change.

6.3. The price of the Goods in the Online Store may be changed unilaterally by the Seller without prior notice to Users. At the same time, the price of the Goods already ordered by the Buyer is not subject to change at the time of the change.

6.4. Unless otherwise provided in the Online Store, payment for the Goods under this Agreement is carried out, including through Internet acquiring tools (payment options are provided by bank card, electronic wallet, etc.), presented in the Online store.

In the case of payment for the Goods by means of Internet acquiring tools, the payment is considered to have been made from the moment the corresponding amount of funds is credited to the Seller's bank account.

6.5. The Seller has the right to provide discounts on Goods and establish a bonus program. The types of discounts, bonuses, the procedure and conditions for accrual are determined by the Seller independently and are publicly available in the corresponding section of the Online store.

6.6. Subject to this Agreement, with the appropriate methods of delivery of the Goods, the total cost of the goods is subject to an increase by the cost of delivery in the amount charged by the person providing the delivery.

6.7. The Seller has the right to limit the payment and transfer (delivery) methods available to the Buyer Product depending on the volume of previous orders.

7. Warranty period

7.1. Within the warranty period, the Buyer has the right to request the return of the Goods of inadequate quality to the Seller.

7.2. The warranty period for clothing, unless otherwise specified on the Website, is 30 (thirty) calendar days from the date of purchase.

7.3. If a warranty period is established for the Goods, the Seller is responsible for the defects of the Goods, unless he proves that they arose after the transfer of the Goods to the Buyer as a result of the Buyer's violation of the rules of use, storage or transportation of the Goods, actions of third parties or force majeure.

7.4. If the warranty period is less than two years and the defects of the goods are discovered after the expiration of the warranty period, but within two years, the Buyer has the right to submit claims to the Seller (manufacturer) if the Buyer proves that the defects of the goods occurred before its transfer to the consumer or for reasons that arose before that moment.

7.5. If a significant defect of the Product is detected after 2 (two) years from the date of its transfer to the Buyer and by this time the warranty period has expired, the requirement for termination of the contract of sale can be declared by the Buyer only to the manufacturer. At the same time, the Buyer is obliged to prove that the identified defect is significant and that it arose before the transfer of the Goods to the Buyer or for reasons that arose up to that moment. (Clause 6 of Article 19 of the Law of the Russian Federation "On Consumer Rights Protection", paragraph 7 "Review of the practice of consideration by courts of cases on disputes on consumer protection related to the sale of goods and services" (approved by the Presidium of the Supreme Court of the Russian Federation on 17.10.2018)).

8. Delivery of the goods

8.1. The forms of delivery of Goods sold by the Seller or his authorized persons are given in the Online store in the sections "Terms of delivery" and "Payment". In particular, the following delivery methods are possible:

- Delivery by courier service SDEK (delivery throughout Russia);

- Russian Post to the post office or with courier delivery (delivery throughout Russia).

8.2. The territory of delivery of Goods presented in the Online Store and sold by the Seller is not limited to the territorial limits of the Russian Federation.

Subject to clause 8.2. of this Agreement, the Seller has the right to decide on the limitation of the delivery territory. The restriction of the delivery territory applies to Orders placed both before and after such a restriction.

8.3. Upon delivery, the Order is handed over to the Buyer or to a third party specified in the Order as the recipient (hereinafter, the Buyer and the third party are referred to as the "Recipient"). If it is impossible to receive a paid Order, the Order can be handed over to a person who can provide information about the Order (the track number of the shipment and the Recipient's full name).

8.4. In order to avoid fraud cases, as well as to fulfill the obligations assumed, upon delivery of a prepaid Order, the person delivering the Order has the right to request a document certifying the identity of the Recipient, as well as to indicate the type and number of the document provided by the Recipient on the Order receipt. The Seller guarantees the confidentiality and protection of the Recipient's personal data.

8.5. The Recipient checks the appearance and completeness of the Goods, as well as the completeness of the entire Order at the time of delivery of the Goods.

8.6. The cost of delivery of each Order is calculated individually, based on the information about the Seller of the ordered Goods, the weight of the Goods, the region and method of delivery, the time and date of the delivery interval, the actual loading of the interval, as well as (if necessary) the form of payment, and is indicated at the last stage of the Order.

8.7. 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 (or) the Recipient of the Order signs the documents confirming the delivery of the Order.

8.8. The Seller's obligation to transfer the Goods to the Buyer is considered fulfilled at the time of delivery by the employee of the delivery service of the Goods to the Recipient or receipt of the Goods by the Recipient at the post office or at a pre-agreed place of delivery of the Order (including at the pick-up point). The recipient of the Order signatures in the documents confirming the delivery of the Order. The Seller is also considered to have fulfilled his obligations at the time of delivery of the Goods to the delivery service (carrier) or the communication organization (Article 458 of the Civil Code of the Russian Federation).

8.9. When transferring the Order, the Buyer is obliged to inspect the integrity of the individual packaging and the presence of external damage on it in the presence of a representative of the Delivery Service. After making sure that the packaging is safe and there are no signs of external damage on it, open the individual packaging and check the presence of the Goods in it. After making sure that the ordered Goods are available and there are no traces of mechanical or other damage on it, check the article and the size of the received Goods with the article and the size indicated in the accompanying document, check the complete set and color of the Goods. The buyer, having made sure that the Product he ordered was delivered to him, must sign the accompanying document (invoice). The fact of affixing a signature on the accompanying documents indicates that the Buyer has accepted the Goods, there are no claims to the appearance, configuration and cost of the Goods. The Buyer's signature excludes further claims against the Seller, except for claims related to the presence of manufacturing defects in the ordered Goods.

8.10. If the delivery of the Goods was made within the terms established by the contract, but the Goods were not handed over to the Buyer for reasons depending on the Buyer, the subsequent delivery is made within the new terms agreed with the Seller, after the Buyer pays the cost of the Goods delivery services again. (paragraph 20 of the Rules, approved. By the Decree of the Government of the Russian Federation of 31.12.2020 N 2463).

8.11. The Buyer pays the cost of delivery directly to the Seller, and the Seller, in turn, undertakes to pay for the delivery of the transport company / courier service / Russian post.

8.12. The Seller has the right not to send the Goods to the Buyer until the receipt of payment for the delivery of the Goods.

9. Return of goods and funds

9.1. The return of the Goods sold by the Seller is carried out in accordance with the "Return Conditions" specified on the Website, as well as this Public Offer.

9.1.1. To consider the request for a refund, it is necessary to send the Goods and a package of documents: a completed printed application (the form is posted on the Seller's website) and a receipt confirming the fact and conditions of purchase. However, the absence of a receipt is not a reason for refusing to satisfy its requirements.

9.1.2. The Buyer has the right to send all claims for improper performance of this Agreement to the Seller's e-mail address help@boltaeva.com.

9.2. Return of Goods of proper quality:

9.2.1. The Buyer has the right to refuse the ordered Goods at any time before receiving it, and after receiving the Goods — within 7 (seven) calendar days, not counting the day of purchase. The return of Goods of proper quality is possible if its presentation (absence of traces of use and wear, the presence of original and undamaged packaging and labels), consumer properties are preserved.

9.2.2. When returning Goods of proper quality, the Buyer must return the Goods to the Seller to check the safety of the presentation and consumer properties of the Goods. The refund of funds paid by the Buyer to the Seller for the Goods takes place after the specified inspection (Part 4 of Article 26 of the Law of the Russian Federation "On Consumer Rights Protection" and explanations of Rospotrebnadzor dated 27.04.2017).

9.2.3. If the Buyer refuses the Goods in accordance with clause 8.2.1. The Seller returns to him the cost of the returned Goods, except for the Seller's expenses related to the delivery of the Goods returned by the Buyer (clause 22 of the Rules, approved By the Decree of the Government of the Russian Federation dated 31.12.2020 N 2463), 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.

9.3. Return of Goods of inadequate quality

9.3.1. A Product of inadequate quality means a Product that is defective and cannot ensure the performance of its functional qualities.

9.3.2. If the Goods of inadequate quality were transferred to the Buyer and this was not agreed in advance by the Seller, the Buyer has the right to use the provisions of Article 18 of the Law of the Russian Federation "On Consumer Rights Protection".

9.3.3. The Seller is obliged to accept the Goods of inadequate quality from the Buyer and, if necessary, to check the quality of the Goods. The Buyer is obliged to provide the Goods for such inspection (paragraphs 1 and 3 of Article 18 of the Law of the Russian Federation "On Consumer Rights Protection", Explanations of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare dated 27.04.2017 No. 01/5278-17-29 , explanations of Rospotrebnadzor).

9.3.4. In case of a dispute about the causes of the defects of the Goods, the Seller is obliged to conduct an examination of the Goods at his own expense.

9.3.5. Claims for the refund of the amount of money paid for the Goods are subject to satisfaction within 10 days from the date of presentation of the relevant claim and return of the Goods to the Seller (Article 22 of the Law of the Russian Federation "On Consumer Rights Protection", Explanation of Rospotrebnadzor dated 27.04.2017).

9.3.6. The refund of funds is carried out by returning the cost of the paid Goods to a bank card, by postal transfer or in cash in case of cash payment.

In case of cancellation or refund of a fully or partially prepaid Order, the cost of the Goods is returned by the Seller to the Buyer in the manner in which the Goods were paid.

The method must be specified in the appropriate field of the application for the return of the Goods, or in another similar document.

10. Responsibility

10.1. The Seller is liable to the Buyer in accordance with the legislation of the Russian Federation.

10.2. 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.

10.3. Moral damage caused to the Buyer as a result of the Seller's violation of consumer rights is subject to compensation by the harm-doer only if there is his fault.

11. Confidentiality and information protection

11.1. The personal data of the User / Buyer is processed in accordance with the Federal Law "On Personal Data" No. 152-FZ.

11.2. When registering on the Website, the User provides the following information: Surname, First Name, Patronymic, contact phone number, email address, date of birth, gender, account image (avatar), product delivery address, and can upload an image for a Personal Account (avatar).

11.3. The User / Buyer expresses his consent to the use of the image and understands that he is fully responsible to third parties for its use. The seller is not aware of the sources of the uploaded photos and any other images.

11.4. The Seller has the right, at its discretion, to refuse the User to place the image in the Personal Account in case of violation of the rights of third parties or for ethical and moral reasons.

11.5. By submitting their personal data to the Seller, the Site Visitor / User / Buyer agrees to their processing by the Seller, including for the purpose of fulfilling the Seller's obligations to the Site Visitor / User / Buyer within the framework of this Public Offer, the possibility of communication with the Site Visitor / User / Buyer, promotion of Goods and services by the Seller, conducting electronic and sms surveys, monitoring the results of marketing campaigns, invitations to participate in ongoing programs to improve the quality of service, customer support, organizing the delivery of Goods to Customers, ensuring the process of returning Goods from the site Visitor / User/The Buyer, the possibility of using available payment systems, conducting prize draws among Site Visitors/Users/ Buyers, Site Visitor satisfaction monitoring/User/The Buyer, the quality of services provided by the Seller, as well as for the purpose of improving and updating the Seller's internal systems, which are used to fulfill the obligations assumed by the Seller, and to maintain the correct operation of the Site.

11.6. 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, not excluding cross-border transfer, if the need for it arose in the course of fulfilling obligations), depersonalization, blocking, deletion, destruction of personal data.

11.7. 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 Seller of his refusal by phone +7 (909) 000-00-72 or by sending a corresponding application to the Seller's email address: help@boltaeva.com.

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 / Buyer.

11.8. The Seller has the right to use the "cookies" technology. "Cookies" do not contain confidential information. The Visitor / User /Buyer hereby consents to the collection, analysis and use of cookies, including by third parties for the purposes of generating statistics and optimizing advertising messages.

11.9. The Seller receives information about the IP address of the Site visitor boltaeva.com . This information is not used to identify the visitor.

11.10. The Seller is not responsible for the information provided by the User/By the Buyer on the Site in a publicly available form.

11.11. The Seller has the right to record telephone conversations with the User/By the buyer, including to improve the quality of service. 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 Federal Law No. 149-FZ of 27.07.2006 "On Information, Information Technologies and Information Protection".

12. Validity period of the public offer

12.1. This Public Offer comes into force from the moment of its acceptance by the Site Visitor / Buyer, and is valid until the moment of withdrawal of the acceptance of the Public Offer or until its actual execution, whichever comes first.

Address and details of the Seller:
Individual entrepreneur Boltaeva Manzura Fayziddinovna
OGRNIP 318665800066023
TIN 500311162150
Legal address: 620134, Yekaterinburg, Bilimbaevskaya str., 39, sq. 7
Postal address: 620000, Yekaterinburg, Pushkin str., 7L, office 212
Email address: help@boltaeva.com
Website: boltaeva.com