1. TERMS AND DEFINITIONS
1.1. In the present offer if the context doesn't demand other, terms below have the following values and are its compound integral part:
The seller —Modalodon LLC (912/2, 29 Leningradskaya sreet, Khimki, Moscow Region, Russian Federation, 141402. (OGRN 1195081005294, INN 5047221533).
The buyer — any capable natural person accepting the public offer on the terms of the present offer, placing orders and getting items from Modalodon LLC which are presented on the website plutocrat.com, for the personal, domestic and other needs which aren't connected with implementation of business activity.
Online store — the official online store of the Seller of Modalodon LLC located on the Internet to the address plutocrat.com. Within the present contract, the concept Online store and Shop and also the Internet of the address plutocrat.com and derivatives from plutocrat.com are equivalent and are treated is authentic, on an offer context.
Item – an object (an article of clothing, an accessory or other material value) presented for sale on the Website.
The order – appropriately issued and placed order of the Client (are filled the respective fields on the website in the section "Cart", "execution of the order") addressed to the Seller, for sale and delivery of the Item chosen on the Website to the address specified by the Client.
2. GENERAL PROVISIONS
2.1. The present public Offer (further — "Contract") is official proposal of Modalodon LLC to any natural person having capacity and necessary power to sign with Modalodon LLC the contract of purchase and sale of the Item on the conditions defined in the present offer and contains all essential terms of the contract.
2.2. The relations in the field of consumer protection are governed by the Civil code of the Russian Federation, the Law "About Consumer Protection", the Resolution of the Government of the Russian Federation "About the approval of Rules of sale of items in the remote way" and other federal laws and legal acts of the Russian Federation adopted according to it.
2.3. The seller has the right without prior notice to make changes to these Conditions. Changes of Conditions come into force after their publication on the Website and are applied to any Order made after the publication.
2.4. Execution of the order on the Website, execution of the Order by phone and also registration of a subscription and registration means acquaintance of the Client with the real Conditions, their understanding, obligatory consent and acceptance.
2.5. All text information and graphics of the items posted on the Website are the property of the Seller or his contractors. Viewing of information or listing of pages of the Website is allowed only for personal use.
3. SUBJECT OF THE CONTRACT AND PRICE OF THE ITEM
3.1. The seller reports, and the Buyer accepts and pays items on the conditions specified in the present contract. The property right to the Ordered Items passes to the Buyer from the moment of the actual transfer of the Item to the Buyer and payment of the overall cost of the Item by the last. The risk of his accidental death or damage of the Item passes to the Buyer from the moment of the actual transfer of the Item to the Buyer.
3.2. The prices of the Item are defined by the Seller in a unilateral indisputable order and are specified on pages of the online store located to the Internet address: plutocrat.com
3.3. The price of an item is specified in rubles of the Russian Federation.
3.4. The offer on signing of the contract on a concrete item acts during the term of finding of an item on the website of the Seller on condition of availability of this item in stock of the Seller.
4. MOMENT OF SIGNING OF THE CONTRACT
4.1. The text of this Contract is the public offer (according to Article 435 and Part 2 of Article 437 of the Civil code of the Russian Federation).
4.2. The contract signed on the basis of acceptance by the Buyer of the present offer is the contract of accession which the Buyer joins without any exceptions and/or reservations.
4.3. The fact of execution of the order by the Buyer is the unconditional fact of acceptance by the Buyer of conditions of this Contract. The buyer who got an item in Online store of the Seller (the issued order of an item) is considered as the person who entered with the Seller the relations on the terms of the present Contract.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The seller promises:
5.1.1. From the moment of the conclusion of the present Contract to provide fully all obligations to the Buyer according to conditions of the present contract and current legislation. The seller reserves the right of default on obligations of the Contract in case of the force majeure circumstances specified in Paragraph 9 of the present Contract.
5.1.2. To process personal data of the Buyer and to provide their confidentiality in the order established by the current legislation.
5.2. The seller has the right:
5.2.1. To change the present Contract, the Prices of the Item and Tariffs for related services, ways and terms of payment and delivery of an item unilaterally, placing them on pages of the online store located to the Internet address: plutocrat.com. All changes come into force immediately after the publication, and are considered brought to the attention of the Buyer from the moment of such publication.
5.2.2. To carry out records of telephone negotiations with the Buyer. According to Paragraph 4 of Article 16 of the Federal law "About Information, Information Technologies and on Information Security" the Seller promises: to prevent attempts of unauthorized access to information and/or transfer to her faces which don't have a direct bearing on execution of Orders; it is timely to find and stop such facts.
5.2.3. Without coordination with the Buyer to transfer the rights and obligations for performance of the Contract to the third parties.
5.3. The buyer promises:
5.3.1. Until signing of the contract to study the contents and terms of the contract, the prices of the Item offered by the Seller in plutocrat.com online store
5.3.2. For execution of Orders the Client needs to enter the data and to issue the order independently or by means of the clients specialist in the ways available to clients.
5.3.3. In execution by the Seller of the obligations to the Buyer the last has to report all necessary data which are unambiguously identifying it as the buyer, and sufficient for delivery to the Buyer of the Item ordered by it.
5.3.4. To pay the ordered Item and its delivery on the terms of the present contract.
5.3.6. Not to use the item ordered on the website in the enterprise purposes.
6. ADOPTION OF THE ORDER
6.1. After execution of the Order the Client obtains on specified by it the e-mail address information on structure of its Order with the indication of cost of items, the addresses and costs of delivery.
6.2. The order is deemed accepted for performance after the Client receives the electronic message to the e-mail address specified in a registration form with confirmation of the fact of adoption of the Order and\or after on the page of the website the message about creation of the Order with the indication of its number is displayed.
6.3. The seller reserves the right to cancel the Application of the Client at a stage of confirmation of the Application.
6.4. The seller reserves the right to agree on order data on phone with the Client. At impossibility to contact the Client within 2 (two) days, made the client order it is cancelled, at the same time, if the Client carried out prepayment, money returns the Seller on those bank details from which the payment was made.
6.5. After execution of the Order to the Buyer information on date is provided to delivery of the Order to the Client. The specified date depends on availability of the ordered Items in stock of the Seller and time necessary for processing and delivery of the Order.
7. DELIVERY OF THE ITEM
7.1. The client undertakes to take the Order in agreed time frames of delivery. The delivered Goods are transferred to the Client, and at his absence – to any person who showed order confirmation or other document confirming registration of delivery of the Item.
7.2. The Buyer can carry out shipment at own expense from all shops of the Seller.
7.3. The seller tries to observe agreed time frames of delivery as much as possible. The seller doesn't bear responsibility for possible delays in delivery in view of the unforeseen circumstances which occurred not because of the Seller which couldn't be provided.
7.4. The client has the right to refuse all ordered Item or separate positions (under a condition if the Order isn't transferred for delivery to courier service) before its transfer to the Client (signing of shipping documents) at any time, and after transfer of an item – within 7 days.
7.5. The property right to the Item, risk of his accidental death or damages passes to the Client at the time of acceptance of the Item from the representative of courier service. Confirmation of transition of the property right to the Item is the signature of the Client in the consignment note issued by the Seller or courier service.
7.6. For Clients from foreign countries the Seller sends the order without taxes and duties of the country of residence of the Buyer. The price for delivery doesn't include taxes and duties.
8. TERMS OF RETURN AND EXCHANGE OF THE ITEM
8.1. The buyer has the right to refuse the ordered item without reason explanation before its receiving at any time and also after receiving — within 7 calendar days.
8.2. Return of an item is possible when: its trade dress (packaging, seals, labels), consumer properties are kept, the completeness of an item and also the document confirming the fact and conditions of purchase of the specified item (the sales or cash voucher) is kept.
8.3. For registration of return of the Item of appropriate quality the Client undertakes to pack accurately the Item (with all accessories and the complete set of accessories specified in technical documentation the Item) and to attach the following documents:
• Copy of the passport (or other identity document)
• The copy of the check about payment
• Form of return
8.4. The procedure of return of an item of inadequate quality is carried out by the way specified in item 7.3. In the statement for return it has to be specified what defect contains the item returned by the Buyer.
8.5. Ways of return of the ordered items:
• To return an item through any delivery service
• To return an item independently through any express company.
8.6. Requirements about return of the sum of money paid for an item are subject to satisfaction within 10 days from the date of presentation of the relevant requirement (Article 22 of the Act of the Russian Federation "About Consumer Protection"). In case of return of an item of inadequate quality to the Buyer item cost together with delivery cost returns.
9. PAYMENT METHODS
9.1. The Buyer can make payment the next ways:
• When obtaining the order across Moscow within MKAD cash or the card to the courier;
• Online payment on the website;
9.2. More detailed information on payment methods of an item contains in sections of the website "Payment" and "Delivery".
10. FORCE MAJEURE
10.1. Any of the Parties is exempted from liability for full or partial non-execution of the obligations under the present Contract if this non-execution was caused by the force majeure circumstances which arose after signing of the present Contract. "Force majeure circumstances" mean extraordinary events or circumstances which such Party couldn't expect or prevent means available to it. Such extraordinary events or circumstances include, in particular: strikes, floods, the fires, earthquakes and other natural disasters, wars, military operations, actions of the Russian or foreign public authorities and also any other circumstances which are going beyond reasonable control of any of the Parties. The changes of the current legislation or regulations directly or indirectly influencing any of the Parties aren't considered as Force majeure circumstances, however, in case of introduction of such changes which don't allow any of the Parties to fulfill any of its obligations under the present Contract, the Party are obliged to make immediately the decision concerning an operating procedure on elimination of this problem to provide to the Parties continuation of performance of the present Contract.
11.1. At return of the Item for transfer by the Seller of money the Client provides passport data and data of the cash card. The Seller has the right to use this information for implementation of the obligations to the Client. The seller recognizes importance of confidentiality as the Client provided to personal information. Providing the personal data to the Seller, the Client agrees to their processing by the Seller, including for implementation of the obligations to the Client within the present offer, advance by the Seller of items and services by the direction of mailings of promotional and informational character, carrying out electronic and SMS polls, holding competitions and other promotion actions among clients, the analysis of results of marketing actions, client support, carrying out statistical researches, the organizations of delivery of an item, control of customer satisfaction quality of the services rendered by the Seller. The persons visiting the site and also Clients agree that for implementation of obligations to the Client and also for the purpose of carrying out market researches, formation of analytical reports and other marketing actions the Seller can charge processing of personal data (including without limitation – date of birth, the e-mail address given about the accounts on social networks, data on stories of purchases, data on interests) to the third parties on the basis of the contract signed with such persons on condition of observance of requirements of the legislation of the Russian Federation on ensuring confidentiality of personal data and safety of personal data at their processing. Processing of personal data is understood as any action made with use of the automation equipment or without use of such means with personal data, including collecting, record, systematization, accumulation, storage, specification (updating, change) extraction, use, transfer (including transfer to the third parties, not excepting cross-border transfer if need for it arose in course of execution of obligations), depersonalization, blocking, removal, destruction of personal data. The seller has to process personal data, including by the direction to the Client of correspondence of advertising character on the specified postal address, implementation of phone calls, sending the SMS – messages, messages via Internet messengers and also sending e-mails of advertising character for decree the client the e-mail address.
The client can refuse receiving mailings, obtaining advertising and other information without explanation one of the specified ways:
• The client can choose parameters of mailing or refuse it, having pressed the unsubscribe button in the e-mail;
• The client can address to Customer service of the Seller by phone specified on the website on the website plutocrat.com in the section "Contacts".
11.2. The seller undertakes not to disclose information obtained from the Client. Providing information by the Seller to the agents and the third parties acting under the contract with the Seller for performance of obligations before the client isn't considered violation.
11.3. The buyer expresses consent and allows the Operator and contractors of the Operator to process personal data of the Buyer, by means of automated control systems for databases and also other software specially formulated at the request of the Operator.
11.4. The buyer has the right to request full information on the personal data, their processing and use from the Operator and also to demand an exception or correction/addition of incorrect or incomplete personal data.
11.5. The seller has the right to carry out records of telephone conversations with the Client. At the same time the Seller promises: to prevent attempts of unauthorized access to information obtained during telephone negotiations and/or transfer to her third parties who don't have a direct bearing on execution of Orders according to Paragraph 4 of Article 16 of the Federal law "About Information, Information Technologies and on Information Security".
12. RESPONSIBILITY OF THE PARTIES
12.1. Bear responsibility according to the legislation of the Russian Federation for non-execution or inadequate execution of conditions of the present Contract of the Party.
12.2. All text information and graphics placed in plutocrat.com online store have the lawful owner, illegal use of the specified information and images is pursued according to the current legislation of the Russian Federation.
13. OTHER CONDITIONS
13.1. All disputes connected with non-execution or inadequate execution of the obligations under the present contract of the party will try to solve during negotiations.
13.2. In case of not achievement of consent during negotiations, disputes will be resolved in a judicial proceeding according to the current legislation of the Russian Federation.