The present "USER AGREEMENT" is a public offer of the
Individual Entrepreneur (IE) Malakhova Natalya Anatolyevna (Tax payer ID number: 421714327938) (hereinafter referred to as the
"Company"), in accordance with Art. 437 of the Civil Code of the
Russian Federation, and comes into force from the moment you express your
consent to its terms by registration. By accepting the terms and conditions of
the "USER AGREEMENT" you agree to all the conditions of the
"USER AGREEMENT" without exception, understand their meaning and are
a person over 18 years of age.
The “USER AGREEMENT” may be
amended by the “Company” without any special notice, the new edition of the
“USER AGREEMENT” shall enter into force 10 (ten) calendar days after its
publication on the Site, unless otherwise provided by the new version of the
Agreement. Your continued use of the site www.shikstore.ru, after making changes and / or
additions to this “USER AGREEMENT”, means the acceptance and consent of the
Buyer with such changes and / or additions.
Website www.shikstore.ru is an online store.
1. Terms
used in this “USER AGREEMENT”:
ü Buyer - the person who placed an
order on the website www.shikstore.ru
ü Website visitor - a person who came
to the site www.shikstore.ru without
the purpose of placing an Order;
üUser - an individual, a Website Visitor accepting the
terms of this Agreement and wishing to place Orders on the website www.shikstore.ru;
ü Seller - online store www.shikstore.ru;
ü Online store - the website www.shikstore.ru, owned by the Company, located on
the Internet at www.shikstore.ru, which presents the Goods offered by the
Company for purchase, as well as the terms of payment and delivery of Goods to
Buyers;
ü Product (s) - makeup brushes,
eyebrow dyes, wax, decorative cosmetics and other products offered for sale on
the Site.
ü Website — www.shikstore.ru;
ü Order - a duly executed Buyer's
request for the purchase and delivery to the address specified by the Buyer /
by means of pickup of the Goods selected on the Site.
2.1. The Seller sells the Goods through the
online store at www.shikstore.ru
2.2. By carrying out the Order of the Goods through the Online Store,
the User agrees to the conditions for the sale of Goods set forth below. In
case of disagreement with this "USER AGREEMENT" (hereinafter - the
Agreement / Public Offer), the User is obliged to immediately stop using the
service and leave the site www.shikstore.ru.
2.3. The conditions for the sale of the Goods, as well as information about
the Goods presented on the Site, are a public offer in accordance with Article
435 and Clause 2 of Article 437 of the Civil Code of the Russian Federation.
2.4.
The moment of acceptance by the Site Visitor / Buyer of the Public Offer is the
registration of the Visitor on the Site, the Buyer's ordering without
authorization on the Site.
2.5.
The contract of retail sale of the Goods is considered concluded from the
moment the Company issues to the Buyer a cash or sales receipt or other
document confirming the payment of the Goods.
2.6.
When registering on the Site, the Site Visitor / User / Buyer informs the
Company of his e-mail and phone number and agrees to use the specified means of
communication by the Company, as well as by third parties, attracted by him for
the purpose of fulfilling obligations to Site Visitors / Users / Buyers, in
order to the implementation of advertising and informational mailings
containing information on discounts, upcoming and current promotions and other
events of the Seller, on the transfer of the Order for delivery, as well as
other information directly related to the fulfillment of obligations by the
Buyer under this Agreement.
2.7. Carrying out the Order, the User / Buyer agrees that the Seller may
entrust the execution of the Retail Sale of Goods to a third party, while
remaining responsible for its execution.
2.8. The user / Buyer can place an order in the online store at any time
of the day, any day of the week, except for periods of routine maintenance or
technical failures. The Seller is not obligated to notify the User / Buyer of
the technical and preventive work on the Site.
2.9. Minor Users can use the site only with the permission of the
parents / guardians and under the account of the parent / guardian. For actions
on the website of a minor, the parent / guardian is fully responsible.
2.10 When registering on the Site, the User / Buyer fills out a special
registration form located at https://shikstore.ru/user/register, the required fields are marked
with a star-sign (*). The registration form must be completed correctly and
completely. Incomplete or incorrect fill of the form entails the impossibility
of registering on the Site. By filling out the form, the User / Buyer confirms
that the data provided by the User / Buyer is correct and certifies the
identity of the User / Buyer. The User / Buyer informs the Seller about any
changes in personal data after registration on the Site.
2.11. To enter the Site and / or certain sections of the Site, the User
/ Buyer may need a password that the User / Buyer indicates when registering on
the Site. Responsibility for the safety of the User / Buyer passwords and
access, using these passwords, to the Site lies with the User / Buyer. The user
/ Buyer can change the access password at any time. The User / Buyer is obliged
to inform the Seller about any unauthorized use of the User / Buyer passwords
as soon as he becomes aware of this.
2.12. In case of violation by the User / Buyer of the terms of the
Agreement, the Seller reserves the right to suspend / terminate the User /
Buyer’s access to the Site.
2.13. The site and all its components (such as trademarks, images,
texts, etc.) are subject to copyright and other non-property rights regulated
by intellectual property laws.
2.14. The subject of the Agreement is to provide the User / Buyer with
the opportunity to purchase, for personal needs not related to the
implementation of entrepreneurial activity, the Goods presented in the online
store.
2.15. This Agreement applies to all Goods presented on the Site while
such offers are present in the catalog of the Online Store.
2.16. In accordance with point 3 of article 434, point 3 of article 438 of
the Civil Code of the Russian Federation, subpoint 1 of point 3 of article 169
of the Tax Code of the Russian Federation, the Buyer, concluding an Agreement
with the Seller, agrees that the Seller does not draw up and does not provide
the Buyer with an invoice - the invoice for the purchased Goods due to the fact
that the Buyer is not a VAT payer.
2.17. All goods presented in the online store are provided with permits in
accordance with the legislation of the Russian Federation. The conformity of
the proposed Goods with the established requirements is confirmed by
certificates of conformity and declarations of conformity.
3. Goods and purchase order
3.1.
In the absence of the Goods ordered by the Buyer at the Seller’s warehouse, the
Seller has the right to exclude the specified Goods from the Order / cancel the
Buyer's order by notifying the Buyer by sending a notification to the email
address specified by the Buyer when registering on the Site.
3.2.
In case of cancellation, in whole or in part, of the paid Order, the cost of
the canceled Goods is returned by the Seller to the Buyer in the way the Goods
were paid.
3.3.
The Buyer is fully responsible for providing incorrect information, which
entailed the inability of the Seller to properly fulfill its obligations to the
Buyer.
3.4.
After placing the Order on the Site, the Buyer will be sent an email with the
tracking number of the item to track the package to the email address provided
during registration on the Site.
3.5.
Processing of the Order begins within 2-3 business days after its receipt, and
during the sales within 8 business days. The offer is valid only if the Seller
has the Goods. In the presence of all the ordered Goods in stock, the package
is sent within 3 business days after processing the Order.
3.6.
Goods are presented on the Site through photo samples (photographic or graphic
images) owned by the Seller.
3.7.
All Products on the Site are accompanied by text descriptions and price. At the
request of the Buyer, the Seller is obliged to provide additional information
necessary from the point of view of the Buyer for him to make a decision on the
purchase of the Goods. Additional information is provided to the Buyer by e-mail:
sales@shikstore.ru.
4. Order delivery
4.1. Ways of the order delivery are indicated on the Site in the
“Delivery” section at https://shikstore.ru/dostavka/.
4.2. Upon delivery, the Order is handed over to the Buyer or to a third
party specified by the Buyer as the recipient at the Order (hereinafter the
Buyer and the third party are referred to as the “Recipient”). If it is
impossible to receive the Order, the above persons:
4.2.1. if the delivery of the Order is carried out by courier services
or is issued at the point of issue of Orders, the Buyer has the right to
contact the Seller with a request to change the Recipient;
4.2.2. if the Order is delivered by the Russian Post, the Seller is not
able to change the Recipient and the order is issued to another person on the
basis of a power of attorney certified in accordance with the current
legislation of the Russian Federation.
4.3. In order to avoid cases of fraud, as well as to fulfill the
obligations undertaken under this Agreement, upon delivery of the prepaid
Order, the person delivering the Order has the right to request an identity
document of the Recipient, as well as indicate the type and number of the
document provided by the Recipient on the receipt for the Order. The seller
guarantees the confidentiality and protection of the personal data of the
Recipient.
4.4. The risk of accidental loss or accidental damage to the Goods
passes to the Buyer from the moment of transfer of the Order to him and the
Recipient of the Order affixes a signature in the documents confirming the delivery
of the Order. In case of non-delivery of the Order, the Seller shall reimburse
the Buyer for the full amount of the Order prepaid by the Buyer after receiving
confirmation of the loss of the Order from the Delivery Service.
4.5. The delivery cost of each Order is calculated individually, based
on information about the weight of the Goods, region and method of delivery,
and is indicated on the Site at the last stage of placing the Order. Continuing
the execution of the Order by the Buyer, after calculating the cost of delivery
of the Order by the Site, is the Buyer's consent to the conditions and cost of
delivery of the Order.
4.6. The Seller’s obligation to transfer the Goods to the Buyer is
considered fulfilled at the time the courier delivers the Goods to the
Recipient or the Goods are received by the Recipient at the post office or at a
predetermined place for the delivery of the Order (including at the pick-up
point).
4.7. Upon receipt of the Order at the post office, the Recipient has the
right to inspect the delivered Goods and open it in the presence of Russian
Post workers to check the Goods for compliance with the declared quantity,
assortment and completeness of the Goods, as well as check the service life of
the delivered Goods and the integrity of the packaging. If there are claims to
the delivered Goods (shortage, investment of the Goods other than the items
indicated in the list, production defects, other claims), an order on the
revealed inconsistencies is drawn up at the direction of the Recipient by
employees of the Russian Post.
4.8. When accepting an Order from a courier, the Recipient has the right
to inspect the delivered Goods and check it for compliance with the declared
quantity, assortment and completeness of the Goods, as well as check the
service life of the delivered Goods and the integrity of the package. In the
absence of claims to the delivered Goods, the Recipient signs in the “Order
Delivery Form” or other similar document provided by the courier. The signature
in the delivery documents indicates that no claims have been made by the
Recipient to the Goods and the Seller has fully and properly fulfilled its
obligation to transfer the Goods.
4.9.
In the event of the return of the delivered Goods in connection with the
existence of claims against the Goods, the Recipient shall attach to the
Shipment containing the returned Goods the following documents:
·
application
for a refund;
·
copy
of the act of identified non-compliance;
·
copy
of receipt of payment;
·
a
copy of the list of the item;
·
return
form.
4.10.
The goods presented on the Site, in terms of quality and packaging, comply with
GOST and TU, which is confirmed by relevant documents (certificates, etc.).
4.11.
To clarify the date, time and, if necessary, the delivery route, please email
at sales@shikstore.ru.
4.12.
In case the Company conducts marketing activities involving the investment of
any objects in shipments with the Order to the Buyer, the delivery of these
investments is carried out at the Buyer's expense. In order to refuse the
investment, the Buyer needs to contact the Seller by email at sales@shikstore.ru.
4.13.
The goods are paid by the Buyer when ordering goods on the Site in any way
offered on the Site.
5. Return of goods and funds
5.1. In accordance with the legislation of the Russian Federation,
cosmetics, creams, other cosmetics and auxiliary cosmetic goods (for example,
makeup brushes) are not subject to return and exchange.
5.2. The return of cosmetics, creams, other cosmetics and auxiliary
cosmetic Products is carried out only:
ü
in
the presence of manufacturing defects;
ü
lack
of proper information about the Goods on the label, packaging or in the insert;
ü
content
of harmful, toxic substances (blue lotus extract, forbidden parabens, benzoates
or benzyls).
5.3. The Buyer will not be able to return cosmetics, creams, other
cosmetics and auxiliary cosmetic Products in cases: mismatch of the chosen
color, smell or texture of the cosmetic; lack of the expected effect; explicit
confirmation of the proper quality of the goods; the presence of appropriate
markings indicating all the necessary information about cosmetics.
5.4. The Buyer has the right to refuse the ordered goods, subject to return in
accordance with the current legislation of the Russian Federation, at any time
before receiving it, and after receiving the goods - within 7 days, not
counting the day of purchase. Return of a good quality product is possible in
case its saleable condition, consumptive qualities, as well as an evidence,
proving the fact and conditions of its purchase are preserved.
5.5. In case the Buyer refuses the ordered Goods, in accordance with point 5.4. of the Agreement the Seller returns to the Buyer the cost of the refused goods, except for
the Seller’s expenses, related to the delivery and return of the refused goods,
within 10 days from the date of return of the goods to the Seller’s warehouse
together with a return application filled out by the Buyer.
5.6. The Buyer takes responsibility for the goods safety and its packaging until
it is returned to the Seller.
5.7. The Seller returns the Goods cost to the Buyer, on the grounds specified in clause 5.5. of this
Agreement, by the same method the Buyer paid for the
goods.
6. The Goods Payment
6.1.
The price of the Goods sold in the online store is indicated in rubles of the
Russian Federation and includes all fees and taxes.
6.2.
The price of the goods is indicated on the Site. If the price of the Goods
ordered by the Buyer is incorrectly indicated, the Seller informs the Buyer
about this to confirm the Order at the corrected price or cancel the Order. If
it is impossible to contact the Buyer, this Order is considered canceled. If
the Order has been paid, 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 Buyer pays for the goods when ordering.
7. The Goods Payment by credit cards
7.1.
In accordance with the provision of the Central Bank of the Russian Federation
“On the issue of bank cards and on transactions performed using payment cards”
dated December 24, 2004, No. 266-P, bank card operations are performed by the
cardholder or an authorized person.
7.2.
Bank card transactions are authorized by the bank. If the bank has reason to
believe that the operation is fraudulent, then the bank has the right to refuse
to carry out this operation. Bank card fraudulent transactions fall under the
scope of Article 159 of the Criminal Code of the Russian Federation.
7.3.
In order to avoid cases of various types of unlawful use of bank cards when
paying, all Orders placed on the Site and prepaid with a bank card are checked
by the Seller. In order to verify the identity of the owner and his eligibility
to use the card, the Seller has the right to demand from the Buyer who placed
such an Order to present an identity document.
8. Responsibility
8.1.
The Seller is not responsible for damage caused to the Buyer due to improper
use of the Goods purchased in the online store.
8.2.
The Seller is not responsible for the content and operation of external sites
and the actions of third parties.
9. Confidentiality and data
protection
9.1. The User / Buyer personal data is processed in accordance with the
Federal Law "On Personal Data" No. 152-FZ and the Personal Data
Processing Policy.
9.2. When registering on the Site, the User provides the following
information: first name, last name,
contact phone number, email address, date of birth, gender, delivery address of
the goods.
9.3. By submitting the personal data to the Seller, the Site Visitor /
User / Buyer agrees to their processing by the Seller, including for the
purpose of fulfilling obligations by the Seller to the Website Visitor / User /
Buyer, within the framework of the present Agreement, the Seller promoting
goods and services, conducting online 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 Buyers, holding a prize draw among Site Visitors / Users / Buyers,
monitoring the satisfaction of the Site Visitor / User / Buyer, as well as the
quality of services, provided by the seller.
9.4. The processing of personal data is understood as any action
(operation) or a set of actions (operations) performed using automation tools
or without using such 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 arose during the performance of
obligations), depersonalization, blocking, deletion, destruction of personal
data.
9.5. The Seller has the right to use the technology of “cookies”. The
Visitor / User / Buyer hereby agrees to the collection, analysis and use of
cookies, including by third parties for the purpose of generating statistics
and optimizing advertising messages.
9.6. The Seller receives information
about the IP address of the visitor to the Site. This information is not used
to identify the visitor.
9.7. The Seller is not responsible for the
information provided by the User / Buyer on the Site in a public form.
9.8. The Seller has the right to record
telephone conversations with the User / Buyer. In this case, the Seller
undertakes: to prevent attempts of unauthorized access to information obtained
during telephone conversations, and / or its transfer to third parties not
directly related to the execution of Orders, in accordance with paragraph 4 of
Art. 16 of the Federal Law "On Information, Information Technologies and
the Protection of Information."
10. Duration of the present
Agreement
10.1.
This Public Offer comes into force from the moment of its acceptance by the
Site Visitor / Buyer, and is valid until the withdrawal of the acceptance of
the Public Offer.
11. Additional terms and conditions
11.1. The Seller has the right to assign or in any other way transfer
his rights and obligations arising from his relationship with the Buyer to
third parties.
11.2. The online store and the services provided may be temporarily
partially or completely unavailable due to preventive or other work or for any
other technical reasons.
11.3. The relations between the User / Buyer and the Seller are subject
to the provisions of Russian law.
11.4. In case of questions and complaints from the User / Buyer, he has
the right to contact the Seller by phone or by any other available means.
11.5. The recognition by the court of the invalidity of any provision of
this Agreement does not entail the invalidity of the remaining provisions.
11.6. The Seller reserves the right to refuse the Buyer to process
future Orders in case of unfair behavior of the Buyer (for example, if there
were previous precedents for refusing to buy delivered orders, in the case of
providing inaccurate personal data, when returning damaged goods or used goods,
when violation of the conditions for participation in bonus programs, etc.).
11.7. This offer for
the purchase of Goods (the conclusion of a contract of retail sale by remote
means) is valid for an indefinite period (with the exception of information on
the prices of the Goods) only if the ordered Goods are available in the
Seller’s warehouse on the terms placed in the online store at the time of
registration order. The availability of the Goods in the warehouse is confirmed
by the Seller after receiving the order from the Buyer and processing it.
Prices for goods in the online store can be updated by the seller unilaterally,
while the cost of the goods for the buyer who has already placed an order for
it is not subject to change and is paid by the Buyer at the price indicated in
the online store at the time of placing the order.
