Individual entrepreneur Konshina Elena Aleksandrovna, hereinafter referred to as the Rightholder, registered in the Unified State Register of Individual Entrepreneurs under No. 318774600551442, addresses this Agreement (hereinafter referred to as the "Agreement") to any person (an indefinite circle of persons) who has expressed readiness to conclude an agreement on the conditions set forth below (hereinafter referred to as the User). This Agreement, in accordance with paragraph 2 of Art. 437 of the Civil Code of the Russian Federation, is a public offer, the acceptance of the terms (acceptance) of which is the commission of actions provided for by the Agreement. 1. Definitions
1.1. The terms of the Agreement govern the relationship between the Copyright Holder and the User and contain the following definitions:
1.1.1. The offer - this document (Agreement), posted on the Internet at: https://gentle.moscow
1.1.2. The acceptance - full and unconditional acceptance of an offer by means of the actions specified in paragraph 3.1 of the Agreement.
1.1.3. The copyright holder - an individual entrepreneur (Konshina Elena Aleksandrovna) who has placed the offer.
1.1.4. The user - a legal or competent natural person who has entered into an Agreement by acceptance on the terms contained in the offer.
1.1.5. The online store - a site specially created for purchases and sales via the Internet (hereinafter referred to as the Site).
1.1.6. The content - information presented in text, graphic, audiovisual (video) formats on the Site, which is its content. The content of the Site is distributed on the main - user, and auxiliary - administrative, which creates the Copyright Holder to facilitate the functioning of the Site, including the interface of the Site.
1.1.7. A simple (non-exclusive) license is the User's non-exclusive right to use the result of intellectual activity specified in clause 2.1 of the Agreement, while retaining the right holder the right to issue licenses to other persons.
1.1.8. The item - a product submitted for sale on the Website of the Copyright Holder.
1.1.9. The order - a duly executed User's request for the purchase and delivery to the specified address of the list of Goods selected on the Website of the Copyright Holder.2. The subject of the agreement
2.1. This Agreement defines the conditions and procedure for the User to use the online store - Gentle, which is owned and administered by the Copyright Holder (hereinafter referred to as the Site).
2.2. The provisions between Chapter 30 of the Civil Code of the Russian Federation on Retail Sale and Sale, as well as the Law of the Russian Federation "On Protection of Consumer Rights" dated 07.02.1992 No. 2300-1 and other legal acts adopted in accordance with them, apply to relations between the Copyright Holder and the User.
2.3. The copyright holder guarantees that he is the copyright holder of exclusive rights to the Site specified in clause 2.1 of the Agreement.
2.4. When ordering the items through the Site, the User agrees to the conditions for the sale of the items located at: https://gentle.moscow/offer
2.5. The order of the items can be made by the User in the following ways:
- accepted by phone: +79959001611 or by e-mail: firstname.lastname@example.org;
- issued by the User independently on the Website of the Copyright Holder.
2.6. The user independently chooses the goods on the Site and places it in the basket to place an order. The placement of the Goods in the Basket is not an order; the User may delete and add Products in the Basket before placing an order.
2.7. Before ordering the items, the User agrees to familiarize himself with the delivery and payment rules of the order, as well as the conditions for returning the Goods, located at: https://gentle.moscow/payment
. 3. The Consent to the terms of the agreement
3.1. Acceptance (acceptance of the offer) is the implementation of the following actions: placing an order by the User on the Website of the Copyright Holder.
3.2. The contract of sale of the Items is considered concluded from the moment the Copyright Holder issues the cashier or sales receipt or other document confirming the payment of the Items, or from the moment the Rights Holder receives a message about the User's intention to purchase the Items.
3.3. Performing actions to accept the offer in the manner specified in clause 3.1 of the Agreement, the User guarantees that he is familiar with, agrees, fully and unconditionally accepts all the conditions of the Agreement, agrees to comply with them.
3.4. The User hereby confirms that acceptance (taking actions to accept the offer) is tantamount to signing and concluding an Agreement on the terms and conditions set forth in this Agreement.
3.5. The offer takes effect from the moment it is posted on the Internet at https://gentle.moscow
and is valid until the offer is withdrawn.
3.6. This Agreement is posted in writing on the Site. If necessary, any person at his request may be given the opportunity to familiarize themselves with the paper version of the Agreement at the office of the Copyright Holder.
3.7. The agreement can be adopted exclusively as a whole (paragraph 1 of article 428 of the Civil code of the Russian Federation). After the User accepts the terms of this Agreement, it acquires the force of the contract concluded between the Copyright Holder and the User, while such a contract as a paper document signed by both Parties is not executed.
3.8. The Copyright Holder reserves the right to make changes to this Agreement without any special notice, in connection with which the User undertakes to regularly monitor changes to the Agreement. The new version of the Agreement comes into force from the moment it is posted on this page, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always on this page at: https://gentle.moscow/offer
4. The rights and obligations of the parties
4.1. The copyright holder is obligated:
4.1.1. Within 30 calendar days from the date of receipt of the written notification of the User on their own and at their own expense, eliminate the deficiencies of the Site identified by the User, namely:
- inconsistency of the content of the Site with the data specified in clause 2.1 of the Agreement;
- the presence in the Site of materials prohibited for distribution by law.
4.1.2. Provide the User with information about the main consumer properties of the Goods, about the place of manufacture of the goods, the full company name (name) of the Copyright Holder, about the price and conditions for the purchase of the Goods, about its delivery, service life, shelf life and warranty period, about the procedure for paying for the Goods, as well as about the period during which the proposal to conclude the contract is valid, that is, complete, reliable and accessible information characterizing the proposed Goods.
4.1.3. Refrain from any action that could impede the User's right to use the Site to the extent specified in the Agreement.
4.1.4. Provide information on working with the Site via e-mail. Current email addresses are located in the "Contacts" section of the Site at: https://gentle.moscow/contacts
4.1.5. After placing the Order on the Site, send the User a confirmation by SMS message or by phone call of the manager. The manager in charge of this Order must clarify the details of the Order, agree on the date, place and time of delivery. If the Rightholder does not have the ordered Goods in the warehouse or the required quantity of the Goods ordered, the Rightholder informs the User about this by phone call or letter to the User's e-mail indicated when placing the order .
4.1.6. To use all personal data and other confidential information about the User only for the provision of services in accordance with the Agreement, not to transfer to third parties the documentation and information about the User held by him.
4.1.7. Ensure the confidentiality of information entered by the User when using the Site through the User's personal account, except for cases when such information is posted in public sections of the Site (for example, chat).
4.1.8. Advise the User on all matters relating to the Site. The complexity of the issue, the volume, and the timing of the consultation are determined in each case by the Copyright Holder independently.
4.2. User agrees:
4.2.1. Use the Site only to the extent of those rights and in the ways provided for in the Agreement.
4.2.2. When placing an Order, indicate the following information about your contact information, phone number, last name, middle name, address and time of delivery of the Order, e-mail address, and also, if necessary, leave your comments.
4.2.3. Strictly adhere to and not violate the terms of the Agreement, as well as ensure the confidentiality of commercial and technical information received in cooperation with the Copyright Holder.
4.2.4. Refrain from copying in any form, as well as from changing, supplementing, distributing the Site, the content of the Site (or any part thereof), and also refrain from creating derivative objects based on it without the prior written permission of the Copyright Holder.
4.2.5. Do not use any devices or computer programs to interfere or attempt to interfere with the normal functioning of the Site.
4.2.6. Immediately inform the Copyright Holder of all known facts of the illegal use of the Site by third parties.
4.2.7. Use the Site without violating the property and / or personal non-property rights of third parties, as well as the prohibitions and restrictions established by applicable law, including without limitation: copyright and related rights, trademark rights, service marks and appellations of origin, industrial rights samples, rights to use images of people.
4.2.8. Prevent the posting and transfer of materials of an illegal, indecent, indecent, defamatory, threatening, pornographic, hostile nature, as well as containing harassment and signs of racial or ethnic discrimination, calling for the commission of acts that may be considered a criminal offense or constitute a violation of any law, as well as considered inadmissible for other reasons, materials promoting the cult of violence and cruelty, materials containing obscene language.
4.2.9. Do not distribute advertising materials in personal messages to other Users without obtaining their prior consent to receive such materials (SPAM).
4.2.10. Perform other duties provided for by the Agreement.
4.3. The copyright holder has the right:
4.3.1. Suspend or terminate the registration and access of the User to the Site if the Copyright Holder reasonably believes that the User is conducting illegal activities.
4.3.2. Collect information about Users' preferences and how they use the Site (the most frequently used functions, settings, preferred time and duration of work with the Site, etc.), which is not personal data, to improve the operation of the Site, diagnose and prevent site failures.
4.3.3. To amend unilaterally the Agreement by issuing its new editions.
4.3.4. Delete user content at the request of authorized bodies or interested parties if this content violates applicable law or the rights of third parties.
4.3.5. Temporarily terminate the operation of the Site, as well as partially limit or completely terminate access to the Site until the completion of the necessary maintenance and (or) modernization of the Site. The User does not have the right to demand compensation for losses for such a temporary cessation of services or limiting the availability of the Site.
4.4. The user has the right to:
4.4.1. Use the Site to the extent and in the manner provided for in the Agreement.
4.4.2. To refuse the Goods at any time before its transfer, and after the transfer of the Goods - within 7 days. If information on the procedure and terms for returning the Goods of good quality was not provided in writing at the time of delivery of the Goods, the User has the right to refuse the goods within 3 months from the date of transfer of the goods. Return of good quality goods is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved. The absence of the specified document by the User does not deprive him of the opportunity to refer to other evidence of the acquisition of the Goods. The user is not entitled to refuse the goods of good quality, having individually defined properties, if the specified goods can be used exclusively by the consumer purchasing it. In case of the User's refusal from the Goods, the Copyright Holder shall return to him the amount he has paid, excluding his expenses for the delivery of the returned goods, no later than 10 days from the date the User submits the corresponding requirement.
4.5. The User does not have the right to consent to the implementation of this Agreement if he does not have a legal right to use the Site in the country in which he resides or resides, or if he has not reached the age from which he has the right to enter into this Agreement. 5. Terms and conditions of use
5.1. The User is granted a simple (non-exclusive) license to use the Site using a personal computer, mobile phone or other device, in the amount and manner established by the Agreement, without the right to provide sublicenses and assignments.
5.2. In accordance with the terms of the Agreement, the Copyright Holder grants the User the right to use the Site in the following ways:
5.2.1. Use the Site to view, familiarize, write comments and other entries and implement other functionalities of the Site, including by playing on the monitor (screen) the appropriate technical means of the User;
5.2.2. Briefly load computers into the memory for the purpose of using the Site and its functionality;
5.2.3. To quote elements of the custom content of the Site with an indication of the source of citation, including a link to the URL of the Site.
5.3. The user is not entitled to take the following actions when using the Site, as well as any components of the Site:
5.3.1. Modify or otherwise revise the Site, including translating into other languages.
5.3.2. Copy, distribute or process materials and information contained on the Site, unless it is necessary and caused by the implementation of the functionality available as a specific User.
5.3.3. To violate the integrity of the protective system or to carry out any actions aimed at bypassing, removing or deactivating technical means of protection; use any program codes designed to distort, delete, damage, imitate or violate the integrity of the Site, transmitted information or protocols.
5.4. Any rights not expressly granted to the User in accordance with this Agreement are reserved by the Copyright Holder.
5.5. The site is provided by the Rightholder in the "As Is" state, without warranty obligations of the Rightholder or any obligation to eliminate defects, operational support and improvement.
6.1. In order to fulfill the terms of the Agreement, the User agrees to provide and agrees to the processing of personal data in accordance with Federal Law of July 27, 2006 No. 152-FL "On Personal Data" on the terms and for the purposes of the proper execution of the Agreement. By "personal data" is meant personal information that the User provides about himself independently for making an acceptance.
6.2. The Copyright Holder guarantees confidentiality with respect to the User's personal data and provides access to personal data only to those employees who need this information to fulfill the terms of the Agreement, ensuring that these persons observe the confidentiality of personal data and the security of personal data during their processing. Also, the Copyright Holder is obliged to maintain the confidentiality of all information received from Users, regardless of the content of such information and how to obtain it.
6.3. The information received by the Copyright Holder (personal data) is not subject to disclosure, unless its disclosure is mandatory under the laws of the Russian Federation or necessary for the operation of the Site and its functions (for example, when publishing comments in the "Comments" section of the Site, under the comment written by the User, the name is displayed , date and time the comment was sent). 7.
7. Responsibility of the parties
7.1. The parties are responsible for non-performance or improper performance of their obligations in accordance with the laws of Russia.
7.2. The copyright holder does not accept responsibility for the compliance of the Site with the purposes of use.
7.3. The copyright holder is not responsible for technical interruptions in the operation of the Site. At the same time, the Copyright Holder undertakes to take all reasonable measures to prevent such interruptions.
7.4. The Copyright Holder is not responsible for any actions of the User related to the use of the granted rights to use the Site; for damage of any kind incurred by the User due to the loss and / or disclosure of his data or in the process of using the Site.
7.5. If any third party makes a claim to the Rightholder in connection with the User's violation of the Agreement or applicable laws, the User's violation of the rights of third parties (including intellectual property rights), the User shall compensate the Rightholder for all expenses and losses, including payment any compensation and other costs associated with such a claim.
7.6. The copyright holder is not responsible for the content of messages or materials of the Site Users (user content), any opinions, recommendations or advice contained in such content. The copyright holder does not carry out a preliminary verification of the content, authenticity and safety of these materials or their components, as well as their compliance with the requirements of the applicable law, and the availability of the necessary volume of rights for users to use them without fail.
7.7. The Copyright Holder shall not be liable for damage, caused to the User due to improper use of the items, ordered on the Site. 8. Dispute Resolution
8.1. The claim procedure for pre-trial settlement of disputes arising from this Agreement is binding on the Parties.
8.2. The claim letters are sent by the Parties by mail or registered mail with delivery confirmation to the location of the Party.
8.3. Sending letters of the claim by the parties in a manner other than specified in p. 8.2 of the Agreement is not allowed.
8.4. The term for consideration of the claim letter is 10 working days from the date of receipt of the latter by the addressee.
8.5. The disputes under this Agreement shall be settled in court in accordance with the law.
9. Final Provisions
9.1. This Agreement is governed by and construed in accordance with the laws of the Russian Federation. Issues, which not regulated by this Agreement, shall be resolved in accordance with the legislation of the Russian Federation. All possible disputes,arising from relations, regulated by this Agreement are resolved in the manner established by the current legislation of the Russian Federation, according to the norms of Russian law. Throughout the text of this Agreement, the term "legislation" means the legislation of the Russian Federation. 10.
10.1. The copyright holder:
account number: 40802810500000763167 in TINKOFF BANK JSC;