USER AGREEMENT

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. General Provisions

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.