Public offer for sale of Goods in SARLAG online store
1. Terms and definitions
1.1. Hereinafter, unless agreed otherwise, the following terms have the following meanings and considered as integral part:
Seller - MCashmere LLC (Legal address: 141407, Moscow region, Khimki city, Lavochkina St., 2A, Ground floor, premise 9, OGRN 1147746381694; tel.: +7 495 928 84 32; E-mail: email@example.com).
Buyer - any individual accepting terms of this Contract of public offer.
Online store - the official online store of the Seller "SARLAG", located at https://www.sarlag.ru Internet address. Under this agreement, the concepts of Online Store, as well as the Internet address https://www.sarlag.ru and derivatives from sarlag.ru are equivalent and are interpreted authentically, according to the context of the offer.
Goods - an object of agreement between the parties, a list of assorted merchandise for sale in the online yarn store.
Order – Buyer’s request to purchase of Goods and delivery to specified by the Buyer address via one of the delivery options available on the store website in proper manner.
Sales rules - The list of SARLAG online store rules located in the “Help” section, under “Sales rules”. Follow direct link https://sarlag.ru/page/pravila-prodazhi-tovarov-v-internet-magazine-sarlag
Promotion campaign discount is a discount on specified merchandise, with the discount amount indicated on the product page. Price listed is the price after discount.
Promo code discount is a discount for a certain set of Goods after entering a special code placing an Order in the Buyer's “Cart”.
A promotional code is a special code that provides a discount on a specific group of products and has a validity period. To receive a discount on a promotional code, the promo code must be filled in in the "Cart" section when placing the Order.
Overall discount is the online store provided on certain conditions discount to the Buyer. The Read the terms of the discount in "My Discount" section.
2. General Provisions
2.1. This Public contract of offer (hereinafter, referred to as the Agreement) is the official offer of MKashemir LLC to any individual with the legal capacity and required authority to conclude a contract of sale of the Goods with MKashemir LLC., under the conditions specified in this offer and following essential conditions of the agreement.
2.2. Consumer right protection relations are subject regulation in accordance to Civil Code of the Russian Federation, “Law on Consumer Rights Protection”, and related federal laws and legal acts of RF.
3.1. Only registered Buyers reserve right to place order in our online store, whilst the Buyer will be able to register on the site only once (1 time), and have access to one Personal Cabinet.
3.2. Seller shall not be held responsible for the authenticity of the information provided by the Buyer for registration.
3.3. Buyer registered in the online store shall be provided with personal identification when creating a username and password. This personal identification protects the Buyer against unauthorized actions of third parties on behalf of the Buyer and allows access to additional services. Sharing of the login and password with third parties by Buyer is strictly prohibited.
3.4. It is the sole responsibility of the Buyer for all negative consequences that may arise due to sharing the username and password with third parties.
3.5. Regular customer discount advantages may be used only through the Personal cabinet. It will be available on orders placed by logging in using Your username and password. Regular customer discounts are calculated relative to purchases made from particular Personal cabinet. Repetitive registration on the website will not transfer purchase history and the regular customer discounts from previous to new Personal cabinets. Order history in the newly opened Personal cabinet starts fresh. And You can receive discounts from the Personal cabinet used to place orders from only.
4. Subject of the Agreement and the price for Goods
4.1. Seller transfers, and Buyer accepts and pays for the goods under the terms of this Agreement.
4.2. The ownership over the Ordered Goods shall pass on to the Buyer from the moment of the actual transfer of the Goods to the Buyer and with full payment by the latter of the full cost of the Goods. The risk of his accidental loss or damage to the Goods passes on to the Buyer from the moment of the actual transfer of Goods to the Buyer.
4.3. Prices for the Goods are set solely by the Seller in an undisputed manner and indicated on the online store pages located by the address: https://www.sarlag.ru.
4.4. The price of goods is indicated in currency of the Russian Federation, VAT inclusive.
4.5. The final Product Price is calculated by reflecting on the Product Price following discounts:
Promotional code discount
Regular Buyer’s discount
4.6. If the deadline for placing the order is not specified at time of submission, 30 (thirty) calendar day period is set by default.
5. The Conclusion of the contract
5.1. The text of this Agreement is a public offer (in accordance with Article 435, and Article 437 of the Civil Code of the Russian Federation, Part II).
5.2. Acceptance of this offer (contract) is concluded when the Buyer places an Order in accordance with the terms of this offer, completing the steps provided in the “Help” section under “How to place order”, visit link https://sarlag.ru/page/kak-sdelat-zakaz.
5.3. Accepting this offer, the Buyer agrees that:
- registration data (including personal data) is provided voluntarily;
- registration data (including personal data) are transmitted in digital format via open Internet communication channels;
- registration data (including personal data) is shared with the Seller, and can be shared with the third parties with the purpose of achievement of the goals stated in this offer;
- registration data (including personal data) can be used by the Seller with purpose to promote goods and services establishing direct contacts with the Buyer through means of communication;
- for the purpose of added protection against fraudulent actions, the registration data provided by the Buyer (including personal data) can be shared with the bank carrying out transactions of payment for orders placed on www.sarlag.ru;
- the Buyer’s consent for processing of registration data (including personal data) is perpetual and may be revoked by the Buyer or his legal representative submitted a written form to the Seller at the self-collect point.
5.4. This agreement concluded on the basis of offer acceptance by the Buyer shall become an acceptance agreement to which the Buyer joins without no exceptions and/or reservations whatsoever.
5.5. The actual order placement by the Buyer is an unconditional fact of acceptance of the terms of this Agreement, including the Buyer's consent to sign-up to the seller’s SMS messages regarding the status of the order and surveys targeting Customer service quality improvement. The Buyer (the person placing an order for goods) making a purchase in the Seller’s online store is immediately considered as a person who entered into a relationship with the seller on terms of this Agreement.
5.6. By choosing "Accept the terms of the Agreement" and clicking on "Confirm Order" in the process of placing an Order on the website www.sarlag.ru, the Buyer automatically agrees to the provisions of this Agreement.
6. Payment for goods
6.1. The price for the goods indicated in the currency of the Russian Federation, VAT inclusive.
6.2. The price for the goods is indicated on the page. In the event of purchasing the goods at incorrect price indicated, the Seller must inform the Buyer of resubmission of the order with corrected price or cancellation of particular order choices. In case of not succeeding to contact the Buyer, the order shall be eventually cancelled. If the payment for the order has been made, the Seller shall refund the amount paid back to the same sources the payment was made from.
6.3. The price of goods on the site can be changed solely by the Seller. However, the price for the goods the Buyer has already placed order for is not subject to change, unless it is recognized as incorrect by the Seller.
6.4. Bank card options for payment:
6.4.1. In accordance with the Resolution No. 266-P of the Central Bank of the Russian Federation “On the payment cards and their use in transactions” from December 24th, 2004, operations with payment cards are carried out by the card holder or by an authorized person.
6.4.2. When paying with credit card, the card details are entered in the electronic payment system from OJSC AKB Avangard (hereinafter referred to as the Bank), certified by MIR, Visa Inc. and MasterCard Worldwide with 3-D Secure certified protocol. The data provided is fully protected under the Payment Card Industry Data Security Standard, and confidential to all, including MCashmere LLC.
6.5. The payment for Goods is considered made from the moment of successful transaction by credit card or receipt of funds to the Seller’s account via non-cash payment options.
6.6. The payment confirmation is delivered to the Buyer’s Personal cabinet with an e-mail and/or other means of communication. If the Buyer does not receive the e-mail address and/or received no information to the Personal cabinet, the Buyer should contact the Seller regarding confirmation of payment for the Goods within 1 (one) day from date of payment.
6.7. Receipt of confirmation for non-delivered Order payment confirmation mail to designated Buyer’s e-mail address, or undelivered to the Buyer’s Personal cabinet information regarding Order payment confirmation, the ordered goods shall be taken as Unconfirmed and payment funds issued back to the Buyer’s bank card or account via same non-cash method the payment was initially made.
6.8. The payment made for the Goods out of stock, or the Order changed before being handed over to delivery services shall be refunded to the bank card or The Buyer’s account via same non-cash methods.
7. Return and exchange of goods
7.1. Return and exchange of goods is proceeded in accordance with related legislations of the Russian Federation.
7.2. Unsatisfied with received goods’ shape, dimensions, fashion, color, size, configuration, the Buyer owns the right to claim for exchange of eligible goods for goods of similar qualities within 14 (fourteen) calendar days, starting from date of initial receipt of goods.
7.3. The Buyer shall bare responsibility to compensate the expenses for necessary transportation costs related to the exchange or return of the Goods.
7.4. In accordance with paragraph 4 in Article 26.1, No. 2300-I “Law On Consumer Rights Protection” of Russian Federation, the Buyer owns the right to refuse from the ordered Goods any time before the conclusion of the Order.
7.5. The return of the goods is performed by the Russian Post delivery services in the original postal packaging with required packing lost enclosed, to the address: 141407, Moscow region, Khimki city, Lavochkina St., Bld. 2A, Ground floor, premise 9, meeting with the "return conditions". Go to https://sarlag.ru/page/returns.
7.6. The return shipping cost shall be covered at the Buyer’s expense.
7.7. Return of eligible quality goods:
7.7.1. The buyer has the right to refuse from the ordered goods any time before the receipt, and within 365 days starting from the date of the receipt, excluding the day of purchase, and the exception of the goods specified in clause 7.4. of present agreement. Return of eligible goods is made possible if the presentation, consumer properties, along with proof of actual purchase of the particular goods are present.
7.7.2. In the event of the Buyer’s refusal from the goods (clause 7.6.1), the Seller shall refund the cost of returned goods to the Buyer, excluding the Seller’s expenses related to the delivery of the goods returned by the Buyer, within 10 (ten) business days from the date of delivery of returned goods to the seller’s warehouse, accompanied by the application for a refund filled out by the Buyer.
7.7.3. In the event of the similar goods out of stock at the Seller’s warehouse by the time of exchange claim, the Buyer owns right to refuse from concluding the agreement and request refund of fund paid for particular goods. The Seller must refund the funds within 10 (ten) days starting from date of the return goods’ delivery to the Seller’s warehouse, accompanied bu the application for a refund filled out by the Buyer.
7.7.4. Goods not accepted: textiles and knitwear, the normal use of which considered is to wear them on bare skin, and does not consider other items of clothing in between, such as swimwear, underwear, hosiery (refer to the No.5 List of non-food goods of eligible quality, non-subject to return or exchange for similar goods of other sizes, shapes, dimensions, fashion, colors, or packing, approved by the Government of the Russian Federation from January 19th, 1998.).
7.8. Return of ineligible goods:
7.8.1. Under the ineligible goods considered are the defective goods with malfunction in normal operation performance. The received goods must correspond to the description on the site. Difference in design and decorative elements between item and its photo on the store’ page shall not be taken as proof of ineligibility of the goods.
7.8.2. The Goods, chosen with delivery courier service option, must be inspected for full equipment list of items ordered and their appearance by the Buyer at the time of actual delivery.
7.8.3. The Goods, chosen with delivery courier service option, accepted and signed with signature by the Buyer in the “Order accepted. I accept the parcel. No complaints about quantity and appearance of the goods” window shall not become subjects to claim for outer defect, quantity, completion of equipment list, and exterior damage.
7.8.4. The goods of improper quality transferred to the Buyer, with no advance agreement between the Buyer and the Customer, may immediately become subject to the use of the provision of “Consumer rights in the event of product defects” Article 18, of the Consumer Rights Protection Act.
7.8.5. Return claims with refund of the funds paid for the goods must be satisfied within 10 (ten) workdays from the date of the submission of the corresponding claim (Article 22, “Law on Consumer Rights Protection” of the Russian Federation).
7.9. Refunds shall be performed by refunding the cost of the goods paid for to the bank card, or by non-cash transfer. The method must be indicated in the refund claim form and must match the method by which the goods were initially paid for.
8. Rights and obligations of the parties
8.1. The Seller agrees to:
8.1.1. Immediate the conclusion of this Agreement, to fully perform all obligations before the Buyer in accordance with the terms of this agreement and related legislation. The Seller reserves the right to default obligations in the event of force majeure circumstances specified in clause 11 of this Agreement.
8.1.2. Process the personal data of the Buyer in the manner described by applicable laws.
8.2. The Seller has the right to:
8.2.1. Solely modify this Agreement, Prices of Goods and Tariffs for associated services, methods and terms of payment and delivery of goods, exhibiting them on the pages of the online store located by address: https://www.sarlag.ru. All changes take effect immediately after publication, and are considered delivered to the Buyer’s information.
8.2.2. Record telephone conversations with the Buyer. In accordance with paragraph 4 of Article 16 of the Federal “Law on Information, Information Technologies and the Protection of Information”, the Seller obligated to prevent any attempts of unauthorized access to information and/or its transfer to persons not directly related to the performance of Orders; detect and suppress such actions in timely manner.
8.2.3. Transfer your rights and obligations to fulfill the Agreement to third parties, without consent from the Buyer.
8.2.4. The Seller owns the right to request for full advance payment for the ordered goods ordered by the Buyer prior to delivery. The Seller has right to refuse to deliver goods to the Buyer in the event of unsuccessful payment action. The seller has right to request for full advance payment from the Buyer if:
- if the Buyer’s buyback percentage (calculated by the scheme provided in the Customer’s Personal cabinet) is lower than 20%,
- other reasons the online store may consider.
8.2.5. The Seller has right not to deliver the Goods to the Buyer by courier to the address entered during the submission of the order by the Buyer, and transfer the goods with the delivery service option agreed on with the Client.
8.2.6. The seller has the right to impose quota on the amount of goods delivered to the Client at once.
8.2.7. The seller has the right to set the restrictions for the Goods saved (option to save the goods in the Cart for one day) by the Buyer. The reservation is available to Buyers whose buyback percentage (calculated by the scheme provided in the Customer’s Personal cabinet) is exceeding 30% and the repurchase amount is more than 20,000 (twenty thousand) rubles.
- The reservation option does not apply to products labeled with "New" icon.
- The maximum amount of the Goods in the Reserved should not exceed 20,000 (twenty thousand) rubles.
- Only one piece is available for reservation.
- The Reserved term is 24 hours.
- Repeated reservation of goods is available in 24 hours.
- The goods are removed from the Reserve by the Buyer, or the Seller upon expiry of the reserve term.
8.2.8. Use of "cookies". Cookies do not contain confidential information and are not transferred to third parties.
8.2.9. Obtain the ip address of the website visitor sarlag.ru visitors. Such information is not used to identify the visitor, or shared with any third parties.
8.2.10. The Seller has right to send advertising and information type messages to the Buyer via e-mail and SMS, containing information on discounts, promotions, new arrivals, etc. The frequency of such delivery is solely set by the Seller.
8.2.11. The Seller owns the right to solely cancel the Buyer's Order in the evidence of violation by of Clause 8.3.3. of the present Offer by the Buyer.
8.2.12. The seller has right to limit the amount of goods ordered to be delivered per day.
8.2.13. The Seller has right to change the promotional campaign conditions posted on the www.sarlag.ru website solely and unilaterally, without consent from the Buyer, only by posting the changes on the website of the online store www.sarlag.ru.
8.3. The Buyer agrees to:
8.3.1. Prior to concluding the Agreement, familiarize own self with the contents and terms of the Agreement, the prices of the Goods offered by the Seller in the online store.
8.3.2. In order to perform the Sellers obligations before the Buyer, the latter must provide all the required data set as the unique identification for the Buyer, and have the goods paid for delivered efficiently.
8.3.3. Pay for the ordered Goods and their delivery on the terms of this Agreement.
8.3.4. Follow the rules of sale.
8.3.5. Do not exploit the goods ordered on the website for private enterprise.
8.4. The buyer has rights to:
8.4.1. The Buyer has right to change the Order configuration or refuse from before the Order being handed to the Delivery Services by notifying the Seller by phone.
8.4.2. The Buyer has right to unsubscribe e-mails and SMS-mailings by sending a letter with subject “Delete”, and/or delete own number tied to newsletter subscription.
9. Delivery of goods
9.1. Delivery of goods is carried out by the options offered at checkout.
9.2. Placing an order, the Buyer has right to choose one of the available options of delivery for the goods.
9.3. Prior to the transfer of the Goods to the Delivery Service, with the Seller’s consent, the Buyer is entitled to change the delivery method. Necessary changes are subject to phone conversation agreement.
9.4. Upon selection of the delivery method of the Courier by the Buyer, the Delivery of the Goods is carried out within periods agreed by the Parties upon confirmation of the order by the Seller’s employee on the terms indicated in Clause 9.5, 9.6, 9.7., 9.8. and 9.9. If the buyer does not receive the order within the given period, the seller has right to cancel the order without further informing the Buyer. If the order is prepaid, the funds shall be refunded to the buyer within the period set by law.
9.5. Delivered the Goods to, the Buyer has to sign the waybill. This signature serves as confirmation of no complaints about the completion of the order, the quantity and appearance of the Goods.
9.6. After the receipt of the Order, claims over the quantity, completeness and types of goods shall not be accepted.
9.7. Courier delivery is available to the address provided in the Personal cabinet. Transfer of the order to the Buyer and payment actions to the Courier are proceeded indoors only.
9.8. If courier delivery is made in public place (station, park, store, restaurant, shopping mall, etc.), transfer of the order and settlement with the Courier will be executed in the business part of particular location, or the full amount is prepaid by the Buyer.
9.9. Inspection of the ordered goods and procedure of payment to the courier shall not exceed 20 minutes.
9.10. Choosing Russian Post as method of delivery for the ordered goods, the Buyer is required to provide the Seller with the recipient address following information: Last name, First name, Zip code, address, mobile phone number.
9.11. Choosing Business Lines transport company as the delivery method for the ordered goods, the Buyer is obligated to provide the Seller with required listed on the Business Lines transport company official website http://www.dellin.ru/ service / road-transportations / interterminal / # documents-to-send-load
9.12. Schedule of shipping of goods is up to 3 (three) business days.
9.13. The seller will make every effort to comply with the delivery schedule of the Goods set in this offer and/or on the website. However, delays in the delivery of the Goods, often happen due to unforeseen problems, and not at the Seller’s fault. Delivery schedule depends on the location of the Buyer and can vary from 1 (one) to 30 (thirty) calendar days.
10. Termination of the offer
10.1. The offer (Agreement)is subject to termination by the Seller’s decision at any certain time, but will not serve as cancellation of the Seller’s obligations over previous made agreements. The seller shall place a notice of termination of the offer in the online store, indicating the chosen time frame (4th time zone (Moscow) in no less than 12 hours before the occurrence of the event of termination (recall) of the Offer.
11. Force Majeure
11.1. Any of the Parties shall be exempted from liability for full or partial non-fulfillment of the obligations stated in this Agreement in the event of force majeure circumstances arising after the signing of this Agreement. “Force Majeure” shall include extraordinary events or circumstances The Parties were not able to foresee or prevent from taking place, such as: strikes, floods, fires, earthquakes and other natural disasters, wars, military operations, actions of Russian or foreign government bodies, as well as any other circumstances beyond the reasonable control of any of the Parties. Changes to the current legislation or regulations in direct or indirect effect on any of the Parties are not considered as Force Majeure circumstances, however, in case of such changes taking place, not allowing either of the Parties to fulfill any of their obligations under this Agreement, The Parties are to take immediate actions for taking measures to resolve the problem to ensure implementation of the purpose of this Agreement.
12. Responsibility of the parties
12.1. For failure or undue exercise of following the terms of this Agreement, the Parties shall be held liable in accordance with the legislation of the Russian Federation.
12.2. All textual information and graphic images posted in the online store have legal copyright, illegal use of such information and images shall be prosecuted in accordance with the current legislation of the Russian Federation.
13. Other conditions
13.1. All disputes regarding fulfillment of the Parties’ obligations under this Agreement is subject to resolution in compromise. 13.2. In case of failure to reach agreement during negotiations, disputes will be resolved in a judicial proceeding in accordance with the current legislation of the Russian Federation.
13.2. In the event of failure to reach the compromise, disputes shall be taken before court and resolved in accordance with the current legislation of the Russian Federation.
13.3. The Buyer shall address any payment, quality, time frame of services, and other bank card transaction related questions by phone +7 (495) 928 84 32, by e-mail firstname.lastname@example.org, or the Seller’s physical address.
14. Реквизиты компании ООО «МКашемир» (MCashmere LLC)
Полное наименование: Общество с ограниченной ответственностью «МКашемир»
Адрес для приема возвратов и корреспонденции:
141407, Moscow region, Khimki city, Lavochkina St., 2A, Ground floor, premise 9, OGRN 1147746381694; tel.: +7 495 928 84 32; E-mail: email@example.com
141407, Moscow region, Khimki city, Lavochkina St., 2A, Ground floor, premise 9, OGRN 1147746381694; tel.: +7 495 928 84 32; E-mail: firstname.lastname@example.org
CEO: Alexander V. Zakharov
Наименование банка: в ПАО АКБ "АВАНГАРД", г. МОСКВА
Корреспондентский счет: 30101810000000000201
Расчетный счет: 40702810500120030558