1. Terms and definition
1.1 In this sentence, unless the context otherwise requires, the following terms have the following meanings:
“Offer” - is a document that is a public offer of the Seller, addressed to any individual who has the legal capacity and the necessary authority to enter into a retail purchase and sale agreement for the Goods on the terms contained in the Offer, including all its annexes.
“Seller” – SP Firsova Elena Vladimirovna (hereinafter referred to as the Seller), operating under the trademark “Journey clothes” and selling the Product, the description of which is presented on the Seller’s Website.
“Buyer” - is any legally capable individual who has accepted a public offer under the terms of this Offer, placing orders and purchasing goods from SP Firsova Elena Vladimirovna, which are presented on the website journeyclothes.com.
“Product” - is an object (item of clothing, accessories or other material goods) offered for sale on the Seller’s Site.
Order - duly executed and placed request of the Buyer (the relevant fields on the site in the “Shopping cart”, “checkout” section are filled in) for the purchase and delivery to the address specified by the Buyer of the Goods selected by the Buyer on the Site.
Site - a set of electronic documents available for viewing by Buyers on the Internet, located at www.journeyclothes.com
2. General provisions
2.1. The text of this Agreement is a public offer (in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation), i.e. the Seller’s proposal to conclude a contract for the retail purchase and sale of goods with any individual who has legal capacity and the necessary authority, on the terms specified in this offer and contains all the essential terms of the contract based on reading the description of the goods presented on the Seller’s Website.
2.2. The relationship between the Buyer and the Seller is governed by the Civil Code of the Russian Federation, the Law “On the Protection of Consumer Rights”, the Decree of the Government of the Russian Federation “On approval of the Rules for the sale of goods by remote means” and other federal laws and legal acts of the Russian Federation adopted in accordance with it.
2.3. The Seller reserves the right to make changes and / or additions to the terms of this Agreement by posting such changes and / or additions to the text of the Agreement itself with further posting on the Site, in connection with which the Buyer undertakes to regularly monitor changes / additions to the terms of this Agreement posted on the site in the “About” section. The new version of the Agreement comes into force after its publication on the Site and applies to any Order made after publication, unless otherwise provided by the terms of this Agreement.
2.4. Placing an order on the Site, placing an Order by phone, as well as subscribing and registering implies the Client’s familiarization with these Terms, their understanding, mandatory consent and acceptance.
2.5. All text information and graphic images of goods posted on the Site are the property of the Seller or his counterparties. Viewing information or printing pages of the Site is permitted only for personal use.
3. Subject of the Agreement.
3.1. The Seller undertakes to transfer, and the Buyer undertakes to accept and pay for the goods on the terms specified in this Agreement, the current version of which is posted on the Seller’s Website.
Ownership of the Ordered Goods passes to the Buyer from the moment of actual transfer of the Goods to the Buyer and payment by the latter of the full cost of the Goods. The risk of accidental loss or damage to the Goods passes to the Buyer from the moment of actual transfer of the Goods to the Buyer.
3.2. Prices for the Products are determined by the Seller unilaterally and indisputably and are indicated on the pages of the online store journeyclothes.com
3.3. The price of the goods is indicated in rubles of the Russian Federation.
3.4. An offer to conclude a contract for a specific product is valid during the period the product is on the Seller’s website, subject to the availability of this product in the Seller’s warehouse.
4. Moment of conclusion of the Agreement
4.1. The agreement concluded on the basis of the Buyer’s acceptance of this offer is an adhesion agreement to which the Buyer joins without any exceptions and/or reservations.
4.2. The fact of placing an order by the Buyer is an unconditional fact of acceptance by the Buyer of the terms of this Agreement. The Buyer who purchased the goods in the Seller’s online store (placed an order for the goods) is considered as a person who has entered into a relationship with the Seller under the terms of this Agreement.
5. Rights and obligations of the parties
5.1. The seller undertakes:
5.1.1. From the moment of conclusion of this Agreement, ensure in full all obligations to the Buyer in accordance with the terms of this agreement and current legislation
5.1.2. Process the Buyer’s personal data and ensure its confidentiality
5.2. The seller has the right:
5.2.1. Change this Agreement, Prices for Products and Tariffs for related services, methods and terms of payment and delivery of goods unilaterally by placing them on the pages of the online store Journeyclothes.com. All changes come into force immediately after publication and are considered to be brought to the attention of the Buyer with the moment of such publication.
5.2.3. Without agreement with the Buyer, transfer your rights and obligations for the execution of the Agreement to third parties.
5.3. The buyer undertakes:
5.3.1. Before concluding the Agreement, familiarize yourself with the contents and terms of the Agreement, the prices for the Products offered by the Seller to the online store Journeyclothes.com, as well as other information offered by the Seller on the website.
5.3.2. Enter your details to place an order on the Seller’s Internet Site and place your order.
5.3.3. In order for the Seller to fulfill its obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as a buyer and is sufficient for delivery to the Buyer of the Goods ordered by him.
5.3.4. Pay for the ordered Product and its delivery under the terms of this agreement.
6. Order acceptance
6.1 The Order is considered accepted for execution after the Client receives an electronic message at the email address or a notification via SMS notification or phone call to the phone number specified by the Buyer on the Seller’s website, confirming the fact of acceptance of the Order and/or after page of the site will display a message about the creation of the Order indicating its number. As well as information about the date and time of delivery.
6.2. The Seller reserves the right to cancel the Client’s Application at the stage of confirmation of the Application, as well as to cancel the Order made by the client if it is impossible to contact the Client within two business days. In this case, if the Client made an advance payment, the funds are returned by the Seller using the bank details from which the payment was made.
7. Delivery of the Goods to the Buyer. Conditions for Return and Exchange of Products.
7.1. The conditions for the Delivery of the Goods, namely the delivery time and its cost, are established by the Seller and brought to the attention of the Buyer using the Seller’s website.
7.2. The Seller is not responsible for possible delays in delivery due to unforeseen circumstances that occurred through no fault of the Seller and which could not be foreseen.
7.3. The Client undertakes to accept the Order within the agreed delivery time. The delivered Goods are handed over to the Customer, and in his absence, to any person who presents confirmation of the Order or other document confirming the delivery of the Goods.
7.4. Delivery is considered completed and the goods received by the Buyer from the moment the Buyer signs the invoice for receipt of the Goods issued by the Seller or the courier service.
7.5. For Clients from foreign countries, the Seller sends the order without taking into account taxes and duties of the Buyer’s country of residence. Shipping price does not include taxes and duties.
7.6. Along with the Goods, the Seller sends a return form with information about the return period and a reminder on how to care for the Goods.
7.7. The buyer has the right to refuse the ordered goods without giving a reason at any time before receiving it, as well as after receiving it - within 7 calendar days.
7.8. The buyer has the right to exchange the product if it does not fit in shape, dimensions, style, color, size or configuration. The exchange period is 14 days, not counting the day of purchase. A return or exchange of a product is possible when: its presentation (packaging, seals, labels), consumer properties are preserved, the completeness of the product is preserved, as well as a document confirming the fact and conditions of purchase of the specified product (sales or cash receipt).
7.9. The Seller is released from liability for violation of the terms and conditions of Delivery if the Buyer reports false information about himself when concluding the Agreement.
7.10. Return of a product of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product are preserved.
To process the return of the Product of proper quality (including due to its exchange), the Buyer undertakes to carefully pack the Product and attach the following documents:
Return form;
• A copy of your passport (or other identification document);
• A copy of the payment receipt.
7.11. The procedure for returning goods of inadequate quality is carried out in the manner specified in clause 8.3. The return application must indicate exactly what defect the product being returned by the Buyer contains.
7.12. The return of the Goods by the Buyer to the Seller is carried out through the delivery service or through any courier company at the Buyer’s expense.
7.13. When returning the amount of advance payment made by the Buyer by bank transfer, including when using electronic funds to pay for the Goods, bank and other commissions paid by the Buyer in this regard, as well as the cost of delivering the goods to the Buyer, are not compensated by the Seller.
7.14. If the Buyer refuses the Goods within the terms established by this agreement, the Seller undertakes to return the amount of money paid for the goods within 10 days from the date of presentation of the corresponding demand (Article 22 of the Law of the Russian Federation “On the Protection of Consumer Rights”). In case of returning a product of inadequate quality, the Buyer will be refunded the cost of the product along with the cost of delivery.
8. Payment for goods
8.1. The buyer can make payment in the following ways:
Upon receipt of an order in Moscow within the Moscow Ring Road and in St. Petersburg in cash or by card to the courier;
• Online payment on the website By performing transactions with electronic money in accordance with Federal Law No. 161-FL of June 27, 2011. "On the national payment system."
• Money transfer to a current account. By performing transactions with electronic money in accordance with Federal Law No. 161-FL of June 27, 2011 “On the National Payment System”.
9. Force Majeure
9.1. Any of the Parties is released from liability for complete or partial failure to fulfill its obligations under this Agreement if this failure was caused by force majeure circumstances that arose after the signing of this Agreement. “Force Majeure Circumstances” means extraordinary events or circumstances that such Party could not foresee or prevent by means available to it. Such extraordinary events or circumstances include, but are not limited to: strikes, floods, fires, earthquakes and other natural disasters, wars, hostilities, actions of Russian or foreign government authorities, as well as any other circumstances beyond the reasonable control of either Party. Changes in current legislation or regulations that directly or indirectly affect any of the Parties are not considered Force Majeure, however, in the event of such changes being made that do not allow either Party to fulfill any of its obligations under this Agreement, The Parties are obliged to immediately make a decision on the procedure for eliminating this problem in order to ensure that the Parties continue to implement this Agreement.
10. Privacy
10.1. Personal data of the Site Visitor or Buyer is processed in accordance with the Federal Law “On Personal Data” No. 152-FL.
10.2. When registering on the Seller’s Website, when purchasing and returning the Product, the User/Buyer provides the following information: Last name, First name, Patronymic name, contact phone number, email address, date of birth, gender, delivery address of the goods, passport details and bank card details.
10.3. By providing their personal data to the Seller, the Site Visitor or Buyer agrees to their processing by the Seller, including for the purpose of fulfilling the Seller’s obligations to the Site Visitor or Buyer under this Public Offer, promoting goods and services by the Seller, conducting electronic and SMS surveys, analyzing marketing results promotions, customer support, organizing the delivery of goods to Buyers, conducting statistical research, monitoring the satisfaction of the Site Visitor or Buyer, as well as the quality of services provided by the Seller.
10.4. The Visitor or Buyer of the Seller agrees that in order to fulfill obligations to the Buyer, as well as for the purpose of conducting marketing and statistical research, the Seller may entrust the processing of personal data (including, but not limited to, date of birth, email address, data on social media accounts) networks, information about purchase histories, information about interests) to third parties on the basis of an agreement concluded with such persons, subject to compliance with the requirements of the legislation of the Russian Federation on ensuring the confidentiality of personal data and the security of personal data during their processing.
10.5. Processing of personal data means any action performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (including transfer to third parties) persons, not excluding cross-border transfer if the need for it arose in the course of fulfilling obligations), depersonalization, blocking, deletion, destruction of personal data.
10.6. The Seller has the right to send informational messages, including advertising messages, to the email and mobile phone number of the Visitor or Buyer specified by them on the Seller’s Website
A visitor or Buyer may refuse to receive advertising and other information without giving reasons by informing the Seller of his refusal by phone or email, which are listed in the Contacts section on the Seller’s website.
10.7. The seller has the right to use “cookies” technology. Cookies do not contain sensitive information. The Site visitor or Buyer hereby consents to the collection, analysis and use of cookies, including by third parties for the purposes of generating statistics and optimizing advertising messages. The Seller receives information about the IP address of the visitor to the Website www.journey.ru. This information cannot be used to identify a Site visitor.
10.8. The Seller is not responsible for the information provided by the Site Visitor or Buyer on the Site in a publicly accessible form.
10.9. The Buyer agrees and allows the Operator and the Operator’s counterparties to process the Buyer’s personal data using automated database management systems, as well as other software specially developed on behalf of the Operator.
10.10. The Buyer has the right to request from the Operator complete information about his personal data, its processing and use, as well as to demand the exclusion or correction/amplification of incorrect or incomplete personal data.
10.11. The Seller has the right to record telephone conversations with the Site Visitor or Buyer. At the same time, the Seller undertakes to: prevent attempts of unauthorized access to information obtained during telephone conversations, and/or transfer it to third parties not directly related to the execution of Orders, in accordance with clause 4 of Art. 16 of the Federal Law “On Information, Information Technologies and Information Protection”.
11. Copyright
11.1. All text information and graphic images posted on the Seller’s Site are the property of the Seller and/or its suppliers and manufacturers of the Goods; illegal use of this information and images is prosecuted in accordance with current legislation.
12. Other conditions 12.1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties are liable in accordance with the law.
12.2. The parties will try to resolve all disputes related to non-fulfillment or improper fulfillment of their obligations under this agreement through negotiations.
12.3. In case of failure to reach agreement during negotiations, disputes will be resolved in court in accordance with current legislation
13. Address and details of the Seller
SP Firsova Elena Vladimirovna
Business address: 141402, Moscow region, Khimki, Vatutina st. 4/2-332
Taxpayer Identification Number (INN): 504722060465
Primary State Registration Number (OGRN): 319508100028987
14. Bank details:
Account No. 40802810000000997239 at AO Tinkoff Bank
Corr. acc. 30101810145250000974
RCBIC: 044525974