ONLINE STORE "RASARIOATELIER.COM" PUBLIC OFFER
TERMS AND DEFINITIONS
Customer – a legally capable individual who places orders and purchases products from LLC «Rasario» presented on the website rasarioatelier.com for personal, domestic and other needs that are not related to business activity.
Seller – a legal person The limited liability company «Rasario», the operator of the site rasarioatelier.com, organized according to the laws of the Russian Federation, PSRN 1137746703038, the location address: Moscow, Malaya Bronnaya st., 10/3
Site – the website of the Seller, located at the Internet address firstname.lastname@example.org.
Goods – an object (item of clothes, accessorize or another material asset) offered for sale on the Site.
Order - a duly arranged and placed order of the Customer (all of the required fields in the «Shopping cart», «Process order» sections are filled in) addressed to the Seller for purchasing and delivery of the Goods to the address specified by the Customer.
Pick-up Point – 1) the Seller’s warehouse, the location address: Moscow, Malaya Bronnaya st., 10/3, located in a retail store «Rasario», opening hours: Monday-Friday from 11 a.m. to 10 p.m., Saturday-Sunday 12 p.m. 10 p.m.
1. GENERAL PROVISIONS
1.1. The site is owned and operated by LLC «Rasario».
1.2. These Terms of Sale of goods, as well as information on the Goods submitted on the Site, are a public offer in accordance with Article No. 435 and Part 2 of Article No 437 of the Civil Code of the Russian Federation.
1.3. When ordering the Goods through the Site, and also processing the Order by phone, the Customer unconditionally agrees to the Terms of Sale of the goods (hereinafter the Terms) set out below.
1.4. The sale of the Goods to the Customer by the Seller is regulated by: Federal Law No. 2300-1 dated February 7, 1992 on Protection of Consumers' Rights, Resolution of the Government of the Russian Federation No. 612 dated September 27, 2007 on the approval of rules for the sale of goods by remote method, Resolution of the Government of the Russian Federation No. 55 dated January 19, 1998 on the approval of the Rules for the sale of certain types of goods, the list of durable goods not covered by the buyer's requirement to provide them without compensation for the period of repair or replacement with a similar product, the list of non-food goods of the proper quality, that cannot be returned or exchanged for similar goods of other size, shape, dimension, style, color or configuration.
1.5. The Seller is entitled to make changes to these Terms and Conditions without prior notice. Changes to the Terms come into effect after they are published on the Site and apply to any Order made after publication.
1.6. Making an order on the Site, as well as ordering by phone, means acquaintance of the Customer with the Terms, their understanding, mandatory consent and acceptance.
1.7. All text information and graphic images of goods placed on the Site are the property of the Seller or his/her counterparties. Viewing the information or printing the pages of the Site are allowed for personal use only.
2. PRODUCT INFORMATION
2.1. Information about the Goods is posted on the Site and provided by the Seller.
2.2. All the goods distributed are entered into civil circulation in an appropriate way and do not violate any rights of third parties.
2.3. For specification of the information concerning properties and characteristics of the Goods it is possible to address the following contacts: rasarioatelier.com/en/contacts
2.4. The Seller is entitled to unilaterally limit the number of items in one order, the amount of one order, the form of possible payment for an order, and the number of orders that are sent simultaneously to the same address of one Customer.
3. REGISTRATION ON THE SITE
3.1. In order to process Orders, the Customer must register - on the Site and place an order independently or with the help of a customer service specialist in ways available to customers of the countries concerned.
3.2. When registering (ordering), the Customer must provide reliable information regarding their name and surname. The Seller shall not be liable for a failure to perform the Order (delay in the performance) and (or) transfer of funds for the return of the Goods to a wrong person due to a report or specification by the Customer of inaccurate or unreliable personal information.
3.3. The Customer undertakes not to disclose to third parties the login and password specified during registration. In case the Customer has suspicions regarding the security of their login and password or the possibility of their unauthorized use by third parties, the Customer shall immediately notify the Seller about this by e-mail email@example.com.
3.4. The Seller reserves the right to unilaterally delete the Customer's account on the Site or restrict the Customer's access to the Site if there is a suspicion of using the Customer's account for mass mailings (spam).
4.1. The Customer's order is placed independently by the Customer on the Site or with the help of a customer service specialist.
4.2. When making an order independently or with the help of customer service specialists, the Customer agrees to transfer to the Seller and processing by the Seller of his personal data (as provided in Section 11 of the offer) and information on the Order or Orders, and agrees to comply with the Terms of Sale of goods by filling in the graph in the relevant columns when placing an Order on the Site.
4.3 When ordering from the CIS countries, the price of order does not include taxes and customs duties. The Customer additionally pays for them upon receipt of the order.
5. ACCEPTANCE OF THE ORDER
5.1. After processing the Order, the Customer receives information about the parameters of the Order indicating the price of goods, delivery and other services (in those cases when the services are paid) to the e-mail address indicated by the Customer.
5.2. The Order is considered to be accepted for performance after the Customer receives an electronic message to the e-mail address indicated in the registration form, with confirmation of the fact of acceptance of the Order and/or after the message of the creation of the Order indicating its number appears on the page of the Site.
5.3. The Seller reserves the right to cancel the Customer's Application at the stage of confirmation of the Application, and within 24 (twenty four) hours after the acceptance of the Order.
5.4. The Seller reserves the right to agree with the Customer the Order data by phone. If it is impossible to contact the Customer within 2 (two) days, the Order made by the customer is canceled, and if the Customer has made a prepayment, the money is returned by the Seller at the bank details from which the payment was made.
5.5. After processing the Order, the buyer is provided with information about the delivery date of the Order to the Customer. The specified date depends on the availability of the ordered Goods in the Seller's warehouse and the time required to process and deliver the Order.
5.6. The Seller reserves the right to cancel the Order within 24 hours after its acceptance and return the funds to the Customer if the Order was paid (partially paid), as the Seller informs the Customer by sending an e-mail to the address indicated during registration. The funds are returned by the Seller to the bank details from which the payment was made.
5.7. The Seller maintains statistics of the orders purchased by the Customer. In order to avoid fraud, the Seller is entitled to unilaterally limit the number of items in one order, the amount of one order, the number of orders sent to the same address of one Customer at a time, and determine the order of possible payment for an Order.
6. TERMS OF PAYMENT
6.1.Terms of payment are listed at rasarioatelier.com/en/contacts
6.2. The Seller has the right unilaterally to change the price for the Goods without warning. However, the Seller does not have the right to change the price of the ordered Goods in the Customer's Order after the Order was accepted by the Seller in accordance with paragraph 5.2. of the Terms.
6.3. The charge-off of monetary assets is in Russian rubles. When paying, additional money can be charged by the payment system for currency conversion.
6.4. Payment for the Goods is made in the following ways: On the site:
By bank card: Visa, MasterCard
Payment systems: Pay U, Pay Pal.
Upon receipt of the Goods:
Cash or bank card when delivering by courier service
Cash or bank card when picking-up from the store Aizel
We accept most types of cards:
MasterCard, Maestro, Visa, Amex, Diners, Dicover, JCB and others. Delivery is possible only on condition of 100% prepayment.
6.5. When paying for an order with a bank card, if requested by the Seller the Customer shall provide a copy of two pages of the passport of the owner of the bank card - a spread with a photograph, as well as the copy of the bank card from both sides (with the last four digits displayed) in accordance with the Rules of International Payment Systems in order to verify the identity of the holder and its competence to use the card.
6.6. The Seller reserves the right without any explanation to cancel the Order paid by the bank card, in particular in case the Customer fails to provide documents on the terms of clause 6.5. (by fax or by e-mail in the form of scanned copies), including the doubt in their authenticity, within 14 days from the date of the Order. The Order price is returned to the card of the holder.
7. FULFILLMENT OF THE ORDER AND DELIVERY
7.1. Terms of delivery, sample services and countries for delivery are listed on the page: rasarioatelier.com/delivery
The Customer undertakes to accept the Order within the agreed delivery time.
The delivered Goods may be handed to the following persons (hereinafter referred to as «recipients»):
- the Customer
- the person specified in the order as the recipient
- any person who presented the confirmation of the Order and expressing readiness to pay the cost of the order (if the order was not prepaid).
In order to avoid fraud, the person delivering the order can request the passport of the recipient of the Goods.
Transfer of the Order to the Customer outside the self-service zone is performed by the representative of the courier service in the premises only.
When transferring the Order, the Customer is obliged to inspect the integrity of the individual package and the presence of external damages in the presence of a representative of the courier service or representative of the Pick-up Point. Having convinced of the safety of the package and in the absence of any signs of external damage on it, open the individual package and check the availability of the Goods in it. Having convinced of the availability of the ordered Goods and the absence of traces of mechanical and other damages on it, verify the article and the size of the received Goods against the article and the size specified in the accompanying document, verify the componentry and colour of the Goods. The Customer, having ascertained that he/she has been delivered exactly the Goods he/she ordered, shall sign in the accompanying document. The fact of affixing the signature on the accompanying documents shows that the Customer has accepted the Goods, claims to the appearance, componentry and cost of the Goods are absent.
The Customer's signature excludes further claims against the Seller, except for the claims related to the presence of manufacturing defects in the ordered Goods.
In case the fitting service is available for the Order, the Customer, when transfering the Order, shall, in the presence of the representative of the courier service or representative of the Pick-up Point, inspect the integrity of the individual package and the presence of external damage on it. Having convinced of the availability of the ordered Goods and the absence of traces of mechanical and other damages on it, verify the article and the size of the received Goods against the article and the size specified in the accompanying document, verify the componentry and colour of the Goods. Having ascertained that he/she has been delivered exactly the Goods he/she ordered,
the Customer can proceed to the fitting of the Goods.
Fitting outside the self-service zone can be performed only in premises, within the courier's sight, alternately regarding to each separate item of the Order. Transfer of the order for fitting out of the courier's sight is possible only after the deposit of 100% of the cost of the Order alongside the delivery.
The Seller perform delivery to the Pick-up Points located at: 1) Moscow, Smolenskaya nabereshnaya. 5/13 opening hours: every day 11:00 - 22:00 on weekdays, weekends from 12:00 to 22:00.
7.3. The Seller is trying to comply with the agreed delivery deadlines. The seller is not responsible for possible delays in delivery due to unforeseen circumstances that occurred not through the fault of the Seller, which could not be foreseen.
7.4. The Customer has the right to cancel the entire ordered Goods or specific items (provided that the order is not submitted for delivery to the courier service) at any time before it is handed to the Customer (signing the shipping documents), and after the handover of goods - within 7 days.
7.5. Ownership of the Goods, the risk of accidental loss or damage of the Goods transfers to the Customer at the moment of acceptance of the Goods from the representative of the courier service. Confirmation of the transfer of ownership of the Goods is the signature of the Customer in the waybill issued by the Seller or courier service.
7.6. Simultaneously with the Goods, the Seller transmits all information about the Goods, the order and terms of return, guarantees, a leaflet for shoes.
7.7. The sold footwear is guaranteed for 30 days from the date of purchase, unless otherwise indicated in the sales receipt or other accompanying document that is provided to the Customer.
For seasonal goods (clothing, fur goods, footwear and other goods), the warranty period is calculated from the time of the relevant season, the date for which is determined by the authorized state body of the Constituent entity of the Russian Federation, based on the climatic conditions of the location of customers.
8. RETURN POLICY
8.1. Return of the Goods of proper quality is made at any time before the receipt of the Goods and within 7 calendar days after receiving it.
Return of the Goods of proper quality is performed if the specified goods were not in use, its marketable appearance, consumer properties, seals, factory labels and original packaging are kept.
If there is a dispute about the fact of the use of the goods and the preservation of its presentation, an independent examination of the goods will be carried out.
The Customer has no right to refuse from the goods of proper quality, having individually defined characteristics, if the specified goods can be used only by the Customer who acquires it.
If the delivery is chargeable, its cost is not refundable.
In accordance with the Agreement on the implementation in 2015 - 2016 of a pilot project for the introduction of marking of goods with control (identification) marks for the commodity item "garments, clothing accessories and other articles made from natural fur," from 12/08/2016, fur products containing fifty and more percent of fur, are subjects to obligatory marking by control (identification) signs.
Due to the obligation of the Seller to keep records of the turnover of the specified type of goods, the Customer who intends to return the Goods of this category shall keep the control (identification) signs placed on the Goods within the period for the return of the Goods provided in the Offer.
When returning the Goods without control (identification) marks, the Seller has the right to refuse to return the Goods to the Customer.
8.2.1. For processing of return of the Goods of the proper quality (including the reason of its exchange), the Customer undertakes to pack the Goods carefully (with all the components and the full set of accessories specified in the technical documentation for the Goods) and attach the following documents:
List of documents
- Refund cost
- Ways to return
- A copy of the passport (the 2d and 3d pages) A commodity or/and cash receipt
- Call the courier through the Contact Center +7 (995) 900-00-88 from 9.00 -18.00 p.m UTC/GMT+3
Chargeable (the cost can be clarified at the DHL office of your country)
- Using the services of other courier services
EUROPE AND THE CIS COUNTRIES:
- Return request/Return for Invoice *
- Copy of passport (the 2d and 3d pages)
- Fee is at the rates of the relevant courier service
- Using the services of DHL
In case a customer's representative returns the goods and the bank (or other) details (for the refund of the money) of the customer are indicated in the return application, the power of attorney (a simple written form) from the customer and copies of the pages of the representative's passport should be attached to the application processed by the customer's representative.
In case a customer's representative returns the goods and the bank (or other) details (for the refund of the money) of the customer's representative are indicated in the return application, the refund of the funds will be made according to the details of the customer's representative, only if the notarial power of attorney from the customer and copies of pages of the representative's passport are attached to the application processed by the customer's representative. Without the power of attorney, the goods are not accepted for return from the customer's representative.
8.2.2. Goods of good quality, which are not subjects to return or exchange for a similar product of other size, shape, dimensions, style, colour or componentry:
- Sewing and knitwear products (underclothes and hosiery products);
- Products from precious metals, with precious stones, from precious metals with inserts of semiprecious and synthetic stones, faceted with precious stones;
- Non-recurrent publications (books, brochures, albums, cartographic and musical publications, leaflets, calendars, booklets, publications reproduced on technical information carriers)
- Personal hygiene items (toothbrushes, hairbrushes, hair clips, hair curlers, wigs, hairpieces and other similar products)
- Perfumes and cosmetics.
9. RETURN OF THE GOODS OF IMPROPER QUALITY
9.1. The goods of improper quality are goods that have flaws and can not ensure the performance of their functional qualities. The difference in design or design elements from those stated in the description on the Site does not apply to the malfunction or non-functionality of the product.
9.2. In order to return the Goods of improper quality, the Cusromer shall contact the customer service specialist via e-mail: firstname.lastname@example.org. The Customer undertakes to pack the Goods carefully (with all the components and the full set of accessories specified in the technical documentation for the Goods), attach the documents specified in 8.2.1.
10.1. In case the delivered Order is of improper quality due to a manufacturing defect or damage during transportation, the Customer is entitled to return it or exchange for a similar Goods of proper quality, provided it is available in the warehouse.
10.2. In case of return of goods of improper quality, the cost of delivery and return shipping shall also be refunded in case of payment by the Customer. In this case, the Customer is obliged to provide the original receipt, or other document fixing the cost of delivery, or return shipping of the goods of improper quality. The term for incoming funds to the Client's account depends on the terms established by the internal regulations of the relevant banks.
10.3. If there is a dispute about the reasons for the occurrence of deficiencies or the fact of the use of the goods and the preservation of its presentation, an independent examination of the goods will be carried out.
10.4. If the Goods are refused and returned using courier and postal services, the refund to the Customer, regardless of the cash or non-cash payment of the Goods, is performed by transferring the relevant sum in the way specified in the return application:
1) To the Customer's personal account in the online store for further payment of other Goods, or Services (for Customers of all countries);
2) To the card from which the order was paid (for Customers of all countries);
3) To a bank account, according to the details specified in the return application (only for Customers from the Russian Federation);
4) To the card from which the order was paid;
5) To the bank account, according to the details specified in the return application;
6) To the Customer's PayPal account related to the e-mail address, specified by the Customer in the return application;
10.5. 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.
10.6. Claims for the refund of the amount of money paid for goods of proper quality are subject to be satisfied within 10 days from the date of receipt of the returned Goods by the Seller.
Claims for the refund of the amount of money paid for goods of improper quality are subject to be satisfied within 10 days from the date of completion of the quality examination of the received returned Goods, provided that the examination findings confirm the existence of manufacturing defects.
11. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA OF THE CUSTOMER.
11.1. When registering on the Site or transmitting data to a customer service specialist by phone, the Customer provides LLC «Rasario» with the following data: Name, Surname, e-mail address, gender, date of birth, telephone number and address for the delivery of the Goods. When returning the Goods the Customer provides passport data and bank card details for the Seller to transfer the amount of money. The Seller has the right to use this information to fulfill his/her obligations to the Customer. The Seller acknowledges the importance of confidentiality of the personal information provided by the Customer.
By submitting his/her personal data to the Seller, the Customer agrees to its processing by the Seller, including the fulfilment of the obligations to the Customer within the Offer, promoting by the Seller of goods and services sold by the Seller and/or the Seller's partners within collaborative marketing campaigns, by sending advertising and informational mailings, conducting electronic and SMS polls, holding contests and other promotions among customers, analyzing the results of marketing actions, customer support, statistical research, organising of goods delivery, control of customer satisfaction with the quality of services rended by the Seller.
The persons visiting the site, as well as the Customers agree that for the implementation of obligations to the Customer, as well as in order to conduct marketing actions, research, create analytical reports and perform other marketing activities
the Seller may entrust the processing of personal data (including but not limited to - name, surname, date of birth, e-mail address, data on social networks accounts, information about purchase histories, information on interests, bank data) to third parties on the basis of an agreement concluded with such persons, subject to the requirements of the Russian Federation legislation on protection of personal data privacy and personal data security at their processing.
Personal data processing means any action performed with the use of automation or without the use of such means with personal data, including collecting, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transmission (including transmission to third persons, not excluding transboundary transmission, if the need arose during the implementation of obligations), depersonalization, blocking, removal, destruction of personal data.
The Seller has the right to process personal data, including by sending advertising correspondence to the specified postal address, making phone calls, sending sms messages, sending messages via Internet messengers, and sending advertising e-mails to the e-mail address specified by the Customer.
The Customer can refuse to receive mailings, to receive advertising and other information without explaining the reasons by one of the methods:
1. The Customer can choose the parameters of the distribution or refuse it in the account settings (link «My profile», section «Personal data») on the Site;
2. The Customer shall contact the Seller's Customer Service by sending an e-mail to email@example.com or by contacting the customer service specialists at +7 (916) 996-00-88, +7 (495) 695-55-95.
11.2. The Seller undertakes not to disclose the information received from the Customer. The provision of information by the Seller to agents and third parties acting on the basis of a contract with the Seller for the performance of obligations to the Customer is not considered a violation.
The seller receives information about the ip-address of the visitor of the Site «rasarioatelier.com. This information is not used to identify the visitor.
11.4. The Seller has the right to record telephone conversations with the Customer. At the same time, the Seller undertakes: to prevent attempts to unauthorized access to information received during telephone conversations and/or transfer it to third parties not directly related to the performance of Orders, in accordance with p.4, art.16 of the Federal Law "On Information, Information Technologies and Information Protection".
11.5. The Seller takes the necessary organizational and technical measures to protect the Customer's personal information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other unlawful actions of third parties. Detailed terms for the protection of personal data, rights and obligations of the Customer and the Seller are detailed in the Policy on the processing and protection of personal data.
12.1. On the Site there is an opportunity to process an Order for Goods from future collection, that is not yet available in the Seller's warehouse (hereinafter - Pre-order).
12.2. Pre-ordering of the Goods is possible when paying 100% of the cost of the ordered Goods via the bank card within 2 (two) days from the date of processing. Upon receipt of funds, the Goods are reserved for the Customer who has processed the Order and are delivered to him/her within the period stated in clause 7 of the Offer from the date of confirmation of the Order by the Customer after the goods arrive at the warehouse of the Seller.
12.3. When making a Pre-order without prepaying the goods via the bank card, the goods are not reserved for the Customer and the application is canceled.
12.4. A Pre-order can contain no more than one item. For the Pre-order of several goods, the Customer shall create a separate Pre-order for each of them.
12.5. Pre-order can not contain the Goods sold on the site in accordance with the general rules. To purchase goods available in the warehouse of the Seller, the Customer shall make a separate Order.
12.6. The period of goods receipt to the warehouse of the Seller from the moment of making the Pre-order is no more than 120 calendar days.
12.7. The Customer has the right to refuse the pre-ordered Goods at any time prior to its transfer to the Customer. For this purpose, the Customer shall inform about the intention to cancel the Pre-Order by sending an e-mail to the address firstname.lastname@example.org or by phone to the customer service: +7 (916) 996-00-88, +7 (800) 301-60-03 from 9:00 to 18:00 Moscow time.
12.8. In case the Seller cannot perform the stated obligations under the Pre-order, the Seller shall notify the Customer of this by calling to the phone number specified in the Pre-order. After notification of the Customer - Pre-order is considered to be canceled.
12.9. Upon cancellation of the Pre-Order by the Customer or the Seller, the Seller refunds the money paid for the Pre-order within 10 (ten) calendar days from the date of cancellation of the Pre-order via the details of the bank card by which the Pre-order was paid, unless other details have been provided by the Customer.
12.10. The cost of the paid Pre-order Goods does not change, regardless of changes in prices on the Site, currency rates and other circumstances.
13. OTHER TERMS.
13.1. The law of the Russian Federation applies to relations between the Customer and the Seller.
13.2. The Seller reserves the right to amend the Offer unilaterally, with the Customer undertaking to regularly monitor the changes in the Offer posted on the Site.
13.3. On all questions, you can contact the customer service department of LLC «Rasario» in the ways indicated in clause 2.3. of the Offer.
OUR LEGAL ADDRESS:
Limited Liability Company «Rasario»
ITN 7707809688, IEC 771501001
Legal address: 127018, Moscow, Skladochnaya 1, bld 1, entrance XI
Current account No 40702810602620000621
BIC No 044525593
Correspondent account No 30101810200000000593