PUBLIC OFFER/ UNILATERAL CONTRACT
In order to fully and comprehensively understand this document, RusModa LLC is asking you you to read it carefully.
TABLE OF CONTENTS
1. GENERAL CONDITIONS
2. REGISTRATION ON THE WEBSITE AND / OR PLACING THE ORDER
4. PAYMENT FOR MERCHANDISE
5. RETURN OF MERCHANDISE AND MONEY
6. PROCEDURE IN CASE OF VIOLATION IN TERMS OF ASSORTMENT AND QUANTITY BY RUSMODA
7. CONFIDENTIALITY AND SECURITY OF INFORMATION
8. VALIDITY OF THE PUBLIC OFFER
9. ADDITIONAL TERMS
The Customer is an individual who are intending to place the Order or proceeding with the Order of purchasing the Merchandise offered on www.rusmoda.ru Website, solely for personal, family, home and other needs that are not related to the performance of entrepreneurial activities. RusModa (the Seller) - Limited Liability Company "RusModa" (OGRN 1097746623248, TIN 7703708336, KPP 770301001, location: 123022, Moscow, Rochdelskaya str., 15 p. 43), whose Merchandise is offered in the Online store
Online store (Website) - Website owned by RusModa LLC located in the Internet at www.rusmoda.ru, where the Items offered by RusModa for purchase are presented, as well as the terms of payment and delivery of the Merchandise to the Customers.
The Merchandise - footwear, clothes, accessories and other goods offered for sale on the Website.
Order - a duly executed request of the Customer for the purchase and delivery of the Merchandise selected on the Website.
Delivery service - the third party rendering services on delivery of Orders to Customers under the contract with RusModa.
Pickup is the way to independently receive the order by the Customer from one of RusModa`s self-pickup points, agreed with the Customer. Self-pickup points are located at the addresses of RusModay stores listed on the Website, operating mode: daily 11:00 - 22:00 Moscow time.
The promotion is RusModa`s Offer to sell the Merchandise of a certain assortment on special terms for a certain period of time.
Acceptance of the Offer is the full and unconditional acceptance of this contract by the Customer through the execution and confirmation of the Order.
Cancellation of an order is a one-sided refusal to perform a contract of retail sale.
Registration is a procedure when the Customer, provides RusModa with the information necessary to perform the services on the Website. Registration is considered completed only if all the steps are successfully performed by the Customer in accordance with the instructions published on the Website. As a result of the Registration, a Customer`s account is created. Information submitted at the registration can be subsequently changed by the Customer.
1. GENERAL PROVISIONS.
1.1. RusModa carries out the sale of the Merchandise through the Online store at the Website: www.rusmoda.ru.
1.2. By purchasing the Merchandise through the Online store, the Customer agrees with the terms of sale of the Merchandise set out below (hereinafter - the Conditions for the Sale of Merchandise). In case of disagreement with these Conditions for the sale of Merchandise, the Customer shall immediately cease using the service and leave the Website Rusmoda.ru.
1.3. These Terms of Sale of Merchandise, as well as information on the Merchandise submitted on the Website, are a public Offer in accordance with Art. 435 and p. 2 of Art. 437 of the Civil Code of the Russian Federation.
1.4. The provisions of the Civil Code of the Russian Federation on retail sale, the RF Law "On Protection of Consumer Rights" of 07.02.1992 No. 2300-1 and other legal acts adopted in accordance with them, apply to the relations between the Customer and RusModa.
1.5. This public Offer is an official Offer of RusModa LLC to any individual who has the legal capacity and the necessary authority to conclude a sales agreement with RusModa LLC on the terms and conditions specified in this Offer and contains all material terms and conditions of the agreement. RusModa does not have the ability to assess the Customer`s legal capacity, but assumes that the Customer provides legitimate personal information.
1.6. This Offer can be changed unilaterally by RusModa without notice to the Customer. The new edition of the Offer comes into force from the moment of its publication on the Website, unless otherwise provided by the terms of this Offer, applied to any Order made after publication.
1.8. By accepting this Offer, the Customer agrees that:
• registration data (including personal data) are specified by him voluntarily;
• registration data (including personal data) is transmitted electronically through the open communication channels of the Internet network;
• for the purpose of additional protection against fraudulent activities, the registration data specified by the Customer (including personal data) can be transferred to the bank that performs transactions of the payments for the orders placed on www.rusmoda.ru.
1.9. This Offer applies to all types of Merchandise presented on the Website, while Offers of the Merchandise with description are available in the catalogue of the Online store. In case of promotional measures - actions, special provisions that regulate the rules of ordering and return of Merchandise can be established in the conditions of such actions placed on the Website. In this case, the terms of the actions are an integral part of these Terms of Sale, and are subject to application for persons participating in the actions.
1.10. All content of the Website is the property of RusModa. Viewing information or printing pages of the Website is allowed only for personal use.
1.11. All presented Merchandise are entered into civil circulation in an appropriate way and do not violate any rights of third parties.
2. REGISTRATION ON THE WEBSITE AND / OR ORDERING.
2.1. Registration on the Website is carried out using the "Registration" window.
2.1.1. The Customer has the right to register on the Website only 1 (one) time, i.е. can have only one Personal Account. Registration on the Website is not mandatory for ordering.
2.1.2. At registration (registration of the order) the Customer should specify authentic data concerning the name and a surname. RusModa is not responsible for the accuracy and correctness of the information provided by the Customer upon registration. RusModa assumes that the Customer provides reliable and sufficient personal information and maintains this information in an up-to-date state. RusModa is not responsible for non-fulfillment of the Order (delay in execution) and (or) reimbursement of the funds for the return of the Merchandise to an improper person due to a submitting or indication of inaccurate or unreliable personal data by the Customer.
2.1.3. The Customer who registered in the Online store receives an individual identification by providing a login and password. The Customer undertakes not to disclose the login and password specified during registration to the third parties.
2.2. The Customer`s order is made in accordance with the conditions stipulated in "Placing the Order" section at Rusmoda.ru Online store.
2.2.1. The Customer who purchases Merchandise at RusModa Online store (who has placed the Order of the Merchandise) is treated as a person who entered into relations with RusModa on the terms of this Offer.
2.2.2. The Customer bears full responsibility for providing incorrect information, which resulted in the impossibility of RusModa`s proper execution of its obligations to the Customer.
2.2.3. After placing the Order on the Website, the Customer is provided with information about the parameters of his Order, indicating the total cost of the Merchandise and the expected delivery date by getting an electronic message to the address specified by the Customer.
2.2.4. Within 24 hours from the receipt of the Order, the representative of RusModa contacts the Customer to confirm the Order, specify the date, time and place of delivery of the Merchandise. If the representative of RusModa can not contact the Customer within 2 days, the Order made by the Customer is cancelled, and if the Customer has made a prepayment, the money is returned by RusModa from the moment of receiving an application for return from the Customer to the bank account from which the payment was made.
2.2.5. The order is considered to be executed only from the moment of order confirmation from RusModa. The Merchandise selected by the Customer and stored in the "Cart" are stored for 7 days and are not reserved for the Customer.
2.2.6. RusModa ensures the availability of the Merchandise presented on the Website. In case of the absence of items ordered by the Customer at RusModa`s warehouse, RusModa has the right to exclude the specified Merchandise from the Order / cancel the Customer`s Order by notifying the Customer thereof by sending the relevant electronic message to the address indicated by the Customer upon registration or by call of the representative of RusModa. If it is not possible to contact the Customer or to receive any response from the Customer within 2 (two) days from the date of notification, the Order may be completely revoked by RusModa, as RusModa informs the Customer by sending an e-mail to the address specified during registration. If the Customer has made a prepayment, the money is returned by RusModa to the bank account from which the payment was made from the moment of receiving of the application for return from the Customer.
2.2.7. The photos accompanying the Merchandise and other characteristics of the Merchandise are simple illustrations and descriptions intended only for informational use and can differ from the actual appearance of the Merchandise. To clarify the information on the Merchandise, the Customer should contact RusModa by sending a request by e-mail or by phone.
2.2.8. RusModa reserves the right to refuse the Customer`s registration on the Website and / or to cancel the Customer`s Order at the stage of confirming the Order without any explanation.
2.2.9. In case of cancellation of a fully or partially prepaid Order, the cost of the cancelled Merchandise is returned to the Customer in the manner the Merchandise were paid.
2.2.10. The Seller keeps statistics of the orders purchased by the Customer. In order to avoid fraud, the Seller has the right to unilaterally limit the number of items in one order, the amount of one order, the number of orders sent at once to the same address to one Customer, and determine the possible terms of payment for the order.
3.1. The methods, as well as the approximate delivery time for the Merchandise sold by RusModa, are listed on the Website in the "Delivery" section at www.rusmoda.ru. Specific delivery time can be agreed by the Customer with a representative of RusModa upon confirmation of the Order.
3.2. The territory of delivery of the Merchandise presented on the Website and sold by RusModa is limited by the borders of the Russian Federation and the countries of the Eurasian Economic Union.
3.3. RusModa will make every effort to meet the delivery deadlines indicated on the Website, however, delays in delivery are possible due to unforeseen circumstances that occurred not by RusModa`s fault.
3.4. Upon delivery, the Order shall be handed to the Customer or to a third party designated by the Customer as the recipient (hereinafter referred to as the "Customer" and the third party as "Receiver"). If it is not possible to receive the Order paid by cash by the above-mentioned persons, the Order may be handed to a person who can provide information about the Order (the Order details and / or Name of the Recipient) and also pay for the Order in full to the person delivering the Order.
3.5. In order to avoid fraud in the 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 indicate the type and number of the document provided by the Recipient on receipt to the Order. RusModa guarantees the confidentiality and protection of the Recipient`s personal data.
3.6. Ownership of the Merchandise, as well as the risk of accidental loss or accidental damage to the Merchandise, shall be transferred to the Customer from the moment of transferring the Order to him and getting the Signature of the Order in the documents confirming the delivery of the Order. In the event of non-delivery of the Order, RusModa reimburses the Customer the cost of the Order Prepaid by the Customer and delivery after receiving confirmation of the loss of the Order from the Delivery Service.
3.7. The cost of delivery of each Order is indicated on the Website at the last stage of the Order. The cost of delivery of each Order is calculated individually, based on its weight, region and method of delivery, and sometimes the form of payment, and is indicated at the last stage of processing the Order on the Website.
3.8. The obligation of RusModa to transfer the Merchandise to the Customer is considered fulfilled at the moment of delivery of the Merchandise by the courier to the Recipient or provision of the Merchandise by RusModa at the point of self-pickup. Together with the Merchandise RusModa provides all information about the Merchandise, the order and terms of the return, guarantees and other information specified in paragraphs. 2, 3 tbsp. 26.1 of the RF Law of 07.02.1992 N 2300-1 "On Protection of Consumer Rights".
3.9. When accepting the Order from the courier, the Recipient must inspect the delivered Merchandise and check it for compliance with the declared quantity, assortment and completeness of the Merchandise, and also check the quality of the delivered Merchandise and the integrity of the package. In the absence of claims for the delivered Merchandise, the Recipient should sign the document provided by the courier and pay for the Order (except for the case of 100% prepayment). The signature in the delivery documents indicates that the Recipient does not have any claims to the appearance, bundling, cost and other characteristics of the Merchandise and that RusModa fully and properly fulfilled its obligation to transfer the Merchandise.
3.10. The waiting time of the couriers delivering the Merchandise sold by RusModa at the address of the Recipient is limited.
3.11. The Customer can specify the date, time and, if necessary, the route of delivery, by contacting the representative of RusModa, who contacts the Customer to confirm the Order.
3.12. Claims to the quality of the Purchased Merchandise that arose after the receipt and payment of the Merchandise are considered in accordance with the Law of the Russian Federation "On Protection of Consumer Rights". In this connection, the purchase of the Merchandise with delivery does not give the Customer right to demand the delivery of the purchased Merchandise for replacement, does not allow the replacement of the Merchandise by means of a visit to the Customer and does not imply the possibility of returning the cost of delivery of the Merchandise in cases where the Customer is entitled to a refund for the cost of Merchandise per se, in accordance with the Law of the Russian Federation "On Protection of Consumer Rights".
3.13. Upon receipt and inspection of the Merchandise, the Customer shall have the right to refuse from the Order (part of the Order), paying at the same time the cost of delivery in cash to the courier or in the non-cash order by the use the courier`s card terminal. Delivery cost is not paid, only if the Customer refuses from the Merchandise due to the following reasons:
• the Merchandise does not correspond to the confirmed order (size, color, equipment);
• The product has external damages.
3.14. The time limits set by RusModa for receiving the Order by the Customer upon delivery by the courier or at the point of self-delivery are limited and indicated when the Order is made, at the stage of choosing the appropriate method of delivery. For more information, see the "Delivery" section.
3.15. Failure to receive the Order within the specified timeframe by the Customer is considered to be a refusal from the contract of sale and is the basis for cancelling of the Order by RusModa. If the non-received Order was prepaid, the money shall be returned to the Customer in the manner provided in the Terms.
4. PAYMENT FOR THE MERCHANDISE.
4.1. The price of the Merchandise sold in the Online store is indicated in Rubles of the Russian Federation and includes the value-added tax.
4.2. The price of the Merchandise is indicated on the Website. If the price of the Merchandise ordered by the Customer is incorrect, RusModa informs the Customer about this in order to confirm the Order at the corrected price or cancel the Order. If it is impossible to contact the Customer within 2 days, this Order is considered to be cancelled. If the Order has been paid, RusModa returns to the Customer the amount paid for the Order in the same way it was paid.
4.3. The price of the Merchandise on the Website can be changed unilaterally by RusModa. At the same time, the price for the Merchandise ordered by the Customer is not subject to change.
4.4. Methods of payment for the Merchandise are indicated on the Website in the section "Methods of payment". The agreed method of payment is the method chosen by the Customer from the available payment methods when completing the Order.
4.5. When prepaying the Merchandise, the Order is accepted for processing only after the Customer`s funds are credited to the RusModa bank account.
4.6. RusModa is entitled to provide discounts on the Merchandise and install a bonus program. Types of discounts, bonuses, procedure and conditions for their accrual are determined by RusModa independently and are indicated on the Website and can be changed by RusModa unilaterally. RusModa has the right to establish discounts in order to promote one or another method of payment or delivery of the Merchandise. At the same time, RusModa can limit the terms of the discounts.
4.7. Specifics of payment for the Merchandise with the bank cards:
4.7.1. In accordance with the regulations of the Central Bank of the Russian Federation "On the Issue of Bank Cards and on Operations Conducted with the Use of Payment Cards" dated 24.12.2004 No. 266-P, operations with bank cards are made by the card holder or by a person authorized by him/her.
4.7.2. Authorization of transactions made with the bank cards is carried out by the bank. If the bank has reason to believe that the transaction is fraudulent, then the bank has the right to refuse to carry out this operation. Fraudulent transactions with bank cards fall under Article 159 of the Criminal Code of the Russian Federation.
4.7.3. In order to avoid cases of various kinds of misuse of bank cards when paying, all orders placed on the Website and prepaid by a bank card are checked by RusModa. In order to verify the identity of the owner and his eligibility for the use of the RusModa card, he has the right to demand from the Customer who issued such an order to show a document proving his identity.
4.8. Payment is charged in Russian rubles. In case of payment, additional amount can be debited by the payment system for currency conversion.
5. RETURN OF MERCHANDISE AND CASH.
5.1. The return of the Merchandise sold by RusModa is effected in accordance with the Terms of return indicated on the Website.
5.2. Return of the Merchandise of proper quality (including exchange).
5.2.1. The Customer has the right to refuse from the ordered Merchandise at any time before it is received, and after receiving the Merchandise - within 7 days, not counting the day of purchase. Return of the Merchandise of the proper quality is possible if the Merchandise was not in use, its presentation, consumer properties, as well as documents confirming the fact and conditions for the purchase of the specified Merchandise were retained.
5.2.2. In order to return the Merchandise of the proper quality, the Customer undertakes to accurately pack the Merchandise (with all the accessories and the full set of accessories specified in the technical documentation for the Merchandise) and to attach the following documents:
• A return application specifying the reason for the refund and the requisites for the transfer. The application shall be recognized as properly filled in if it is made in writing with the handwritten signature of the Customer;
• Copy of the Customer`s passport (pages 2 and 3);
• Receipt (receipt of Merchandise);
• Sales receipt;
• Cash receipt.
5.2.3. Upon return of the Merchandise, RusModa returns the cost of the returned Merchandise, except for RusModa expenses related to the return of the Merchandise returned by the Customer, within 10 days from the date of receipt of the returned Merchandise to the RusModa warehouse together with the return application filled in by the Customer. The application shall be submitted in the proper form, if it is made in writing with the handwritten signature of the Customer. The Customer`s application for refund is transmitted simultaneously with the Merchandise that the Customer returns.
5.2.4. Return of the Merchandise of proper quality is carried out if the said Merchandise were not in use, its marketable appearance, consumer properties, factory labels, etc. are preserved. RusHod reserves the right to refuse refund of funds for this reason.
5.2.5. If there is a dispute about the fact of the use of the Merchandise and the preservation of its presentation qualities, an independent examination of the Merchandise will be carried out. If, as a result of the examination of the Merchandise, it is determined that its shortcomings have arisen due to circumstances for which RusModa is not responsible, the Customer is obliged to reimburse RusModa for the costs of conducting the examination, as well as the costs associated with its holding of storage and transportation of the Merchandise.
5.2.6. The Customer is not entitled to refuse from the Merchandise of proper quality, having individually defined properties, if the Merchandise specified can only be used by the Purchaser who acquires it.
5.2.7. The Customer can return Merchandise independently to RusModa`s self-pickup point, or by using courier and postal services with delivery to the door, at 123022, Moscow, ul. Rochdelskaya, 15, building 43. The costs associated with the delivery of the Merchandise of proper quality are carried by the Customer.
5.2.8. In accordance with the Agreement on the implementation in 2015 - 2016 of a pilot project for the introduction of marking of Merchandise with control (identification) marks stating "garments, clothing accessories and other articles made from natural fur," from 12/08/2016, fur products containing fifty and more percent of fur, are subject to obligatory marking by control (identification) signs. In accordance with the obligation of RusModa to keep records of the turnover of the specified type of Merchandise, the Customer intending to return the Merchandise of this category must keep the control (identification) signs placed on the Merchandise within the period provided for in this Offer for the return of the Merchandise. When returning the Merchandise without control (identification) marks, RusModa has the right to refuse from the Customer`s return of the Merchandise.
5.3. Return of the Merchandise of inadequate quality.
5.3.1. The product that is defective, damaged or can not provide the performance of its functional qualities is meant to be named the Merchandise of inadequate quality. The received Merchandise must correspond to the description on the Website. The difference in design or design elements from the descriptions and images stated on the Website is not a sign of inadequate quality.
5.3.2. In case when the delivered Order was of improper quality due to production fault or damaged during transportation, the Customer shall be entitled to return the Merchandise to RusModa and demand the return of the paid sum of money within the warranty period, the expiration date, and if such a period is not established, within a reasonable time not exceeding 2 years. The Customer also has the right to demand replacement of the Merchandise of inadequate quality for a similar product in good quality, provided that it is in stock or that defects are eliminated.
5.3.3. For seasonal Merchandise (clothing, fur Merchandise, footwear and other Merchandise), the warranty period is calculated from the time of the relevant season, the date for which is determined by the state authority of the Russian Federation, based on the climatic conditions of the location of Customers.
5.3.4. The appearance and completeness of the Merchandise, as well as the completeness of the entire Order, must be checked by the Recipient at the time of delivery of the Merchandise.
5.3.5. When the Merchandise is delivered, the Customer signs his delivery receipt or another similar document in the column providing for the Customer to note that he has no claims to completeness, quantity and quality of the Merchandise. After receipt of the Order, claims for external defects of the Merchandise, its quantity, completeness and presentation are not accepted.
5.3.6. If the Customer was given the Merchandise of improper quality, which was not agreed in advance by RusModa, the Customer shall have the right to use the provisions of Art. 18 "Consumer Rights in the Detection of Deficits in the Product" of the Consumer Rights Protection Act.
5.3.7. To return the Merchandise of inadequate quality, the Customer undertakes to accurately pack the Merchandise (with all the accessories and the full set of accessories specified in the technical documentation for the Merchandise), attach the following documents:
• A return application specifying which defect the returned Merchandise contain. The application shall be recognized as properly filled in, if it is made in writing with the handwritten signature of the Customer;
• Copy of passport (pages 2 and 3);
• Receipt (receipt of Merchandise);
• Sales receipt;
• Cash receipt (in case of delivery by the courier or when paying at the point of self-pickup)
• Original check or other document fixing the cost of delivery and (or) return of the Merchandise.
5.3.8. The Customer can return independently, to RusModa`s self-pickup point, or by using courier and postal services with delivery to the door, at 123022, Moscow, ul. Rochdelskaya, 15, building 43.
5.3.9. If there is a dispute about the reasons for the occurrence of deficiencies or the fact of the use of the Merchandise and the preservation of its presentation, an independent examination of the Merchandise will be carried out. If, as a result of the examination of the Merchandise, it is determined that its shortcomings have arisen due to circumstances for which RusModa is not responsible, the Customer is obliged to reimburse RusModa for the costs of conducting the examination, as well as the costs associated with its keeping of storage and transportation of the Merchandise.
5.3.10. The replacement of the Merchandise of inadequate quality with the Merchandise of the appropriate quality is carried out by returning the Merchandise to RusModa, cancelling the Order or the Merchandise, then issuing the new Order. At the same time, annulment is a technical action and does not imply the refusal of RusModa to perform the contract. The funds are returned to the Customer in accordance with the procedure established by Cl.
5.3.11. In accordance with the Agreement on the implementation in 2015 - 2016 of a pilot project for the introduction of marking of Merchandise with control (identification) marks stating "garments, clothing accessories and other articles made from natural fur," from 12/08/2016, fur products containing fifty and more percent of fur, are subject to obligatory marking by control (identification) signs. In connection with the obligation of RusModa to keep records of the turnover of the specified type of Merchandise, the Customer intending to return the Merchandise of this category must keep the control (identification) signs placed on the Merchandise within the period provided for in this Offer for the return of the Merchandise. When returning the Merchandise without control (identification) marks, RusModa has the right to refuse the Customer`s return of the Merchandise.
5.4.1. In case of cancellation of the Prepaid Order or rejection of the Merchandise after it has been received (return of the Merchandise), the funds are refundable irrespective of the method of payment of the Merchandise by transferring the relevant amount to the Customer`s bank account specified in the return application or to the bank card used for the payment if the Merchandise have been prepaid on the Website.
5.4.2. Refund of payment in cash form is possible only at the point of self-pickup provided that the Merchandise have been paid in cash, and only upon prior agreement with the manager of the Online store. Cash is returned only to the person specified in the return application, or to a person authorized to receive money by a notarized power of attorney.
5.4.3. The reimbursement for the payment of the Merchandise by bank card can be made only to the bank card from which the payment was made. The Customer who paid for the Merchandise must be the owner of the bank account to which the funds are due. The name in the Personal account of the Online store and the name of the Account Holder should be the same.
5.4.4. Claims for the return of the monetary amount paid for the Merchandise are subject to satisfaction within 10 days from the day of the presentation of the relevant demand (receipt of the Merchandise by RusModa, a request for return and the necessary package of documents) (Article 22 of the RF Law "On Protection of Consumer Rights"). In case of return of Merchandise of inadequate quality, the cost of delivery and return shipping shall also be refunded in case of payment by the Customer. In this case, the Customer must provide the original receipt, or other document that fixes the cost of delivery, or return the Merchandise of inadequate quality. The term for crediting funds to the account of the Customer depends on the terms established by the internal regulations of the respective banks.
6. Procedure in case of violation in terms of assortment (misgrading) and quantity by RusModa
6.1. Procedure in case of violation of conditions for the assortment (misgrading) by RusModa:
6.1.1. In the event of the transfer of the Merchandise in violation of the condition of the assortment, the rules of Art. 468 Civil Code of the Russian Federation are not implied.
6.1.2. In case of detection of a Product in the Order that does not correspond to the ordered assortment (misgrading), the Customer has the right to refuse the Merchandise at the time of transferring the order and demand replacement of the assortment in correspondence with the assortment provided for by the Order or demand the return of funds for the actually unprovided Merchandise.
6.1.3. The Merchandise transferred to the Customer in violation of the assortment condition are subject to return to RusModa. In the event that the Customer accepts this Merchandise, RusModa has the right to require the Customer to pay for this Merchandise at the price set by RusModa for this Merchandise on the Website at the time of transfer of the Merchandise. If the Merchandise actually transferred are not in RusModa`s assortment presented on the Website at the time of transfer of the Merchandise, this Merchandise is paid for at a price agreed with RusModa.
6.1.4. Replacement of Merchandise that doesn`t not comply with the Order for assortment is carried out by issuing a new order.
6.1.5. In the event that it is not possible to replace the Merchandise, RusModa notifies the Customer thereof by sending a message to the e-mail address specified by the Customer upon registration, and the funds actually paid for the non-transferred Merchandise are returned in the manner prescribed in 6.4.6.
6.1.6. Cash paid by the Customer for the Merchandise actually transferred is subject to return within 10 days from the receipt of the Customer`s written application for the return of funds. The refund of the amount paid for the Merchandise is carried out in the manner in which the payment was made.
6.2. Procedure in case of violation of quantity conditions by RusModa.
6.2.1. When transferring an Order, the Customer is obliged to check the number of Items in the Order. If the Customer discovers any discrepancies in the quantity of the Merchandise in the Order when the Order is transferred to the Customer, the Customer shall, in the presence of a representative of RusModa or the carrier, fill in the Dissolution Act on the Amount of Merchandise.
6.2.2. If RusModa has transferred less quantity of the Merchandise than is specified in the Order (non-provision) to the Customer, the Customer, upon the transfer of the Order, shall be entitled to accept the Merchandise in the part corresponding to the Order and demand to transfer the missing quantity of the Merchandise, or, if the missing Merchandise were paid, to refuse the Order in the part of the missing Merchandise and demand a reimbursement of funds for the missing Merchandise.
6.2.3. The transfer of the missing Merchandise is carried out through the execution of a new Order by agreement of the parties - RusModa or the Customer, provided that the Customer provides the Discrepancy Act (Deed of Deletion).
6.2.4. In case of impossibility to transfer the missing Merchandise, RusModa notifies the Customer about it by sending a message to the e-mail address specified by the Customer at registration, and the money actually paid for the missing Merchandise is returned in accordance with the order stipulated in sentence 6.2.5.
6.2.5. The funds paid by the Customer for the missing Merchandise shall be returned within 10 days from the receipt of the Customer`s written application for the return of funds, as well as the Act on the disagreement (the Non-Addendum Act) by the quantity composed in accordance with clause 6.5.1. The refund of the amount paid for the Merchandise is carried out in the manner in which the payment was made.
6.2.6. In case of violation by the Customer of clause 6.5.1 in the part of composing of the Act, RusModa has the right to refuse the Customer`s satisfaction of the claims on the quantity of the transferred Merchandise.
7. CONFIDENTIALITY AND SECURITY OF INFORMATION.
8. PERIOD OF PUBLIC OFFER.
8.1 This Public Offer is valid until its withdrawal by RusModa. The withdrawal of the Offer can be made by RusModa at any time, but this is not a ground for renouncing RusModa`s obligations under contracts already concluded. The new version of the Public Offer comes into force from the moment of posting on RusModa`s Website.
9. ADDITIONAL TERMS.
9.1. In case of questions and complaints from the Customer, he should contact the RusModa Operator Service by phone or via the Feedback form on the Website. At the same time, RusModa`s responses to the Customer`s requests shall be deemed to be sent in the proper form if they are sent to the Customer`s e-mail address, indicated by him at the time of registration, or in writing to the postal address of the Customer (subject to an appropriate order). The parties will try to resolve all the disputes arising by negotiation, if it is impossible to reach an agreement, the dispute will be referred to the judicial body in accordance with the current legislation of the Russian Federation.
9.2. Either Party shall be released from liability for full or partial failure to perform its obligations under this Agreement if this failure was caused by force majeure circumstances that arose after the confirmation of the Order. "Circumstances of Force Majeure" means extraordinary events or circumstances that such a Party could not foresee or prevent by means available to it. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, military actions, actions by Russian or foreign government bodies, as well as any other circumstances beyond the reasonable control of either Party . Changes in existing legislation or regulations that directly or indirectly affect any of the Parties shall not be considered as Force Majeure circumstances, however, if such changes are made that prevent any of the Parties from fulfilling any of its obligations under this Treaty, The parties are obliged to immediately take a decision on the procedure for eliminating this problem in order to ensure that the Parties continue to implement this Treaty.
9.3. Recognition by the court of the invalidity of any provision of these Conditions and Rules does not entail the invalidity of the remaining provisions.
9.4. The Online store and the services provided may temporarily be partially or completely inaccessible due to preventive or other work or for any other technical reasons. Technical service of RusModa has the right to periodically conduct the necessary preventive or other work with the preliminary notification of Customers or without it. All Offers or questions regarding this Public Offer can be sent to the Operator Service at the address: 123022, Moscow, ul. Rochdelskaya, 15, building 43, OOO RusModa, or by phone +7 4956604903 or 8 800 700-85-86 and to the electronic address im@Rusmoda.ru