The Website Visitor is a person who opened the site https://geneticsbymarsi.com without the purpose of placing an Order.
The User is an individual visitor to the Website who accepts the terms and conditions of this Agreement and wishes to place Orders on the online store https://geneticsbymarsi.com.
The Buyer is a User who placed an Order on the online store https://geneticsbymarsi.com.
Individual Entrepreneur Irina Viktorovna Kachelyuk (OGRN (Primary State Registration Number) 3202265100022693, INN (Taxpayer Identification Number) 263413184214), location: office 2, 282/2 Mira St., Stavropol, the Stavropol Territory, 355017
The Seller — https://geneticsbymarsi.com
Online Store is an Internet website owned by Genetics by Marsi, available at https://geneticsbymarsi.com, where the Goods are presented, as well as the conditions of purchase and delivery of the Goods to the Buyers.
Website — https://geneticsbymarsi.com
The goods are clothing, accessories and other articles provided for sale on the Website.
Order is a duly executed request by the Buyer for purchase and shipping of the Goods selected on the Website to the address specified by the Buyer.
1. General Provisions
1.1. The Seller sells the Goods on the online store at https://geneticsbymarsi.com.
1.2. By ordering the Goods on the online store, the User agrees to the terms of sale of the Goods set forth below (hereinafter referred to as the Terms of Sale of Goods). In case of disagreement with this User Agreement (hereinafter referred to as Agreement / Public Offer), the User shall immediately stop using the Service and leave the site https://geneticsbymarsi.com.
1.3. These Terms and Conditions of Sale of Goods, as well as information about the Goods presented on the Website, are a Public Offer in accordance with the Article 435 and the paragraph 2 of the Article 437 of the Civil Code of the Russian Federation.
1.4. The Agreement may be unilaterally changed by the Seller without notifying the User/Buyer.
1.5. The public offer is recognized as accepted by the Visitor of the Website/Buyer from the time of registration of the Visitor on the Website, proceeding of an Order by the Buyer without authorization on the Website, as well as from the time of acceptance of the Order from the Buyer by phone, specified in Contacts section of the Website.
A retail sales contract is considered to be concluded from the time the Seller issues a cash receipt or sales slip to the Buyer, or another document confirming payment for the goods.
By providing the Seller with his/her contact information, the Website Visitor/User/ Buyer consents to the use of the said means of communication by the Seller, as well as by third parties engaged by him/her for the purposes of fulfillment of obligations to the Website Visitors/User/ Buyer, for the purposes of advertising and information mailings, containing information about discounts, upcoming and current promotions and other Seller's activities, order delivery, as well as other information directly related to fulfillment of the obligation.
1.6. By executing the Order, the User/Buyer agrees that the Seller may entrust execution of the Agreement to a third party, while remaining responsible for its execution.
1.7. All rights and obligations under the Agreement concluded with User shall arise directly from the Seller, and the Buyer, by accepting this Agreement, fully understands and agrees that in case of conclusion of the Agreement with Seller other than Genetics by Marsi, Genetics by Marsi shall not be a party to the said Agreement and shall have no obligations related to its execution, except as provided for by this Public Offer.
1.8. As part of the Order, Genetics by Marsi provides the User with information support for the Agreement concluded by the User with the Seller.
1.9. You can place an order on the online store https://geneticsbymarsi.com 24 hours a day, 7 days a week, except for periods of maintenance or technical issues.
2. Subject Matter
2.1. The subject of this Agreement is to provide the User with an opportunity to purchase the Goods presented in the catalog of the online store at https://geneticsbymarsi.com for personal, family, home and other needs not related to business activity.
2.2. This Agreement applies to all types of Goods and Services presented on the Website as long as such offers with description are present in the catalog of the online store.
3.5. Communication of the User/Buyer with managers and other representatives of Genetics by Marsi and other Sellers shall be based on the principles of common morality and communication etiquette. The use of obscene words, swearing, abusive language, as well as threats and blackmail, regardless of the form and to whom they were addressed, is strictly prohibited.
4. Goods and Order of Purchase
4.1. In case of absence of the Goods ordered by the Buyer at the Seller's warehouse, the latter has the right to exclude the said Goods from the Order/cancel the Order of the Buyer by notifying the Buyer by sending a corresponding message to the contacts specified by the Buyer.
4.2. In case of cancellation of all or part of the prepaid Order, the cost of the cancelled Goods shall be returned by the Seller to the Buyer in the manner in which the Goods were paid for.
4.3. The Buyer's Order shall be executed in accordance with the procedures specified on the Website in the Making an Order section.
4.4. The Buyer shall be fully responsible for providing incorrect information that has resulted in Seller's inability to properly perform its obligations to the Buyer.
4.5. After placing an Order on the Website, the Buyer is provided with information about the expected shipping date by sending an e-mail to the mail address specified by the Buyer when placing the Order or by phone. The manager processing this Order specifies the details of the Order, agrees on the date of shipping, which depends on the availability of ordered Goods in stock and the time required for processing and shipping of the Order.
4.6. The expected date of transfer of the Order to the Seller's Delivery Service shall be notified to the Buyer by the manager processing the Order by e-mail or by means of a follow-up call to the Buyer.
5. Order Shipping
5.1. The methods, as well as approximate shipping terms for the Goods sold by Genetics by Marsi are specified on the Website in the Shipping section. Specific shipping terms may be agreed upon by the Buyer with the manager when confirming the order.
5.2. The Buyer agrees that the territory of goods shipping may be limited.
5.3. Upon delivery, the Order shall be handed over to the Buyer or to a third party specified in the Order as the recipient (hereinafter referred to as the Buyer and the third party are referred to as the Recipient ). If it is impossible to receive the Order paid by cash payment by the abovementioned persons, the Order may be handed over to the person who can provide information about the Order (number of the shipment and/or full name of the Recipient).
5.4. In order to avoid fraud cases as well as to fulfill assumed obligations, specified in the clause 5 of the present Agreement, when delivering the prepaid Order, the person delivering the Order has the right to request the identity document of the Recipient and to indicate the type and number of the document provided by the Recipient on the Order receipt. The Seller guarantees confidentiality and protection of the Recipient's personal data (Section 9).
5.5. he risk of accidental destruction or accidental damage of the Goods shall pass to the Buyer from the time the Order is handed over to the Buyer and the Recipient of the Order signs the documents confirming the delivery of the Order. In case of failure to ship the Order, the Seller shall reimburse the Buyer for the cost of the Order prepaid by the Buyer and delivery in full after receipt of confirmation of loss of Order from the Delivery Service.
5.6. The delivery cost of each Order shall be calculated individually based on the weight of the Goods, the region and the shipping method, as well as (if necessary) the payment type, and shall be indicated on the Website at the last step of the Order, or can be clarified by calling Genetics by Marsi's manager.
5.7. The Seller's obligation to deliver the Goods to the Buyer shall be deemed fulfilled at the time of delivery of the Goods by a courier to the Recipient or receipt of the Goods by the Recipient at the post office or at the previously agreed place of self-pickup point of the Order.
Upon receipt of the Order in a department of the transport company the Recipient after payment for delivered Goods shall have the right to inspect the delivered Goods and make an opening in the presence of employees of the transport company to inspect the Goods for compliance with the declared quantity, scope and completeness of the Goods. In case there are claims to the delivered Goods (shortage, inclusion of the Goods other than those specified in the list of shipments, manufacturing defects, other claims), on the instructions of the Recipient, the employees of the transport company shall draw up a Statement of revealed discrepancies.
In case of the return of the Goods delivered by the transport company in connection with the existence of claims to the Goods, the Recipient shall be obliged to enclosure the following documents to the Consignment containing the returned Goods:
- application for a refund;
- a copy of the act on detected discrepancies;
- copy of the receipt of payment;
- a copy of the list of enclosures;
- return form.
5.8. When accepting the Order from the courier, the Recipient shall have the right to inspect the delivered Goods and check their compliance with the declared quantity, scope and completeness of the Goods. In case there are no claims to the delivered Goods, the Recipient shall sign in the Order Delivery Form or any other similar document provided by the courier and pay for the Order (in the absence of 100 % prepayment). The signature on the delivery documents indicates that the Recipient has not claimed the Goods and the Seller has fully and properly fulfilled its obligation to transfer the Goods.
5.9. To specify the date, time and, if necessary, the route of delivery, you can contact a manager who contact the Buyer to confirm the Order. Genetics by Marsi's employees shall provide any assistance and take any measures they may require to provide the Buyer with the necessary information related to the order.
6. Payment for Goods
6.1. The price of goods sold in the online store is specified in Russian rubles.
6.2. The price of the Goods is specified on the Website. In case of incorrect specification of the price of the Goods ordered by the Buyer, the Seller shall inform the Buyer about it to confirm the Order at the corrected price or to cancel the Order. If it is impossible to contact the Buyer, this Order shall be considered cancelled. If the Order has been prepaid, the Seller shall return the amount paid for the Order to the Buyer the same way as it was paid for.
6.3. The price of the Goods on the Site may be changed by the Seller unilaterally. In this case, the price of the Product ordered by the Buyer shall not be changed.
7. Features of Paying for Goods with Bank Cards
7.1. In accordance with the regulation of the Central Bank of the Russian Federation “On Issue of Bank Cards and On Transactions Made with the Use of Payment Cards" dated December 24, 2004 No. 266-P, bank cards transactions are made by the cardholder or his authorized person.
7.2. Authorization of bank card transactions is performed by the bank. If the bank has grounds to believe that the transaction is of fraudulent nature, the bank has the right to refuse to perform this transaction. Fraudulent transactions with bank cards are regulated by Article 159 of the Criminal Code of the Russian Federation.
7.3. In order to avoid cases of various kinds of illegal use of bank cards in payment, all Orders placed on the Website and prepaid by bank card are checked by the Seller. In order to verify the identity of the holder and his eligibility to use the card, the Seller may require the Buyer who placed such an order to present an identity document.
7.4. Genetics by Marsi is entitled to grant discounts on the Goods and introduce a bonus program. Types of discounts, bonuses, procedure and terms of accrual are determined by the Sellers themselves and can be changed unilaterally.
7.5. When carrying out marketing activities involving the inclusion of any objects in the shipments with the Buyer's order, the delivery of these inclusions is performed at the Buyer's expense. In order to cancel the inclusion, the Buyer should contact the Customer Service.
7.6. An order shall be deemed incomplete if the Buyer has reported a change in the decision to purchase before the order has been packed at the warehouse. If the Purchaser has informed Seller about it after the time of order packed at the warehouse, such Order shall be considered rejected.
8. Return of Goods and Money
8.1. Return of the Goods sold by Genetics by Marsi shall be made in accordance with the terms and conditions specified on the Website in the Return of Goods section.
8.2. Return of Goods of Proper Quality
8.2.1. The Customer has the right to cancel the Order at any time before the receipt of the Goods and after the receipt of the Goods — within 7 days, excluding the day of purchase.
8.2.2. In case the Purchaser refuses to buy the Goods in accordance with clause 8.2.1. the Seller shall refund the cost of the returned Goods, except for the Seller's expenses related to delivery of the returned Goods by the Buyer, within 10 days from the date of receipt of the returned Goods at the Seller's warehouse together with the application for return filled by the Buyer.
8.2.3. If at the moment of request of the Buyer the Seller has no similar goods on sale, the Buyer has the right to refuse to execute this Agreement and demand refund of the sum of money paid for the specified Goods. The Seller must refund the amount of money paid for the returned goods. Please note that the refund depends on the speed of processing your transaction by your Bank and may take up to 30 banking days.
8.3. Return of Goods of Improper Quality:
8.3.1. Improper quality goods means goods that do not meet the description on the Website.
8.3.2. The appearance and completeness of the Goods, as well as the completeness of the whole Order may be checked by the Recipient at the moment of delivery of the Goods.
8.3.3. When delivering the Goods, the Buyer signs the delivery receipt in the field: “The Order has been accepted, I have no claims to the completeness and quantity and appearance of the Goods”, or in another similar document issued by the transport company, in the column providing for the Buyer to mark the absence of claims to the completeness and quantity of the Goods.
8.3.4. If the Product of improper quality was transferred to the Buyer and otherwise was not previously agreed upon by the Seller, the Buyer is entitled to use the provisions of Art. 18 “Consumer Rights in Case of Detection of Defects in the Product” of the Consumer Rights Protection Law.
8.3.5. Claims for the return of the amount of money paid for the goods to be satisfied within 10 days from the date of submission of the request (Art. 22 of the Russian Federation Law “On Protection of Consumer Rights”). Please note that the refund depends on the speed of processing your transaction by your Bank and may take up to 30 banking days.
8.4. The refund is made by refunding the cost of the paid Goods to the bank card. The method should be specified in the appropriate field of the application for return of the Goods.
9.1. The Seller is not liable for damages caused to the Buyer as a result of improper use of the Goods purchased on the online store.
9.2. The Seller is not responsible for the content and operation of any third-party sites.
10. Privacy and Data Protection
10.1. Personal data of the User/Buyer is processed in accordance with the Federal Law “On Personal Data” No. 152-FZ.
10.2. When placing an order, the Buyer provides the following information: Last name, first name, contact phone number, e-mail address, shipping address.
10.3. By submitting his/her personal data to the Seller, the Website Visitor/User/Buyer agrees to their processing by the Seller, including for the purpose of fulfilling the Seller's obligations to the Website Visitor/User/Buyer under this Public Offer, promotion of goods and services by the Seller and conducting electronic and text surveys, control the results of marketing campaigns, customer support, organization of delivery of goods to the Buyers, processing of consumer credit from a partner company of the Seller, conducting lotteries among the Website Visitors/Users/Buyers, monitoring the satisfaction of the Visitor/User/Buyer, as well as the quality of services provided by the Seller.
10.4. Processing of personal data means any action (operation) or a set of actions (operations) performed with or without the use of such means of automation with personal data, including collection, recording, systematization, accumulation, storage, refinement (updating, modification), extraction, use, transfer (including transfer to third parties, not excluding transboundary transfer, if the need for it arises in the course of performance of obligations), depersonalization, blocking, deletion, destruction of personal data.
10.4.1. The Seller has the right to send information, including advertising messages, to e-mail and cell phone of the User / Buyer with his consent, expressed by performing actions that unambiguously identify this Subscriber and allow to reliably determine his will to receive the message. The User/Buyer has the right to refuse to receive advertising and other information without giving reasons for refusal by informing Genetics by Marsi of its refusal by sending an appropriate application to the Seller's e-mail address: [email protected]. The Service messages informing the User/Buyer about the order and its processing stages shall be sent automatically and cannot be rejected by the User/Buyer.
10.4.2. Withdrawal of consent to the processing of personal data is carried out by sending an appropriate application to the Seller's e-mail address: [email protected].
10.6. The Seller receives information about the IP address of the Website visitor https://marsimarsianova.com. This information is not used to identify the visitor.
10.7. The Seller is not responsible for the information provided by the User/Buyer on the Website in the publicly available form.
10.8. The Seller is entitled to record telephone conversations with the User/Buyer. In this case the Seller undertakes: to prevent attempts of unauthorized access to information obtained in the course of telephone conversations, and / or transfer it to third parties not directly related to the execution of the Orders, in accordance with the paragraph 4 of Art. 16 of the Federal Law “On Information, Information Technology and Information Protection”.
11. Validity Term of the Public Offer
11.1. This Public Offer shall come into force from the time of its acceptance by the Website Visitor/Buyer, and shall be valid until the Public Offer is withdrawn.
12. Supplementary Conditions
12.1. Seller may assign or otherwise transfer its rights and obligations arising from its relationship with the Buyer to third parties.
12.2. Online store and services may be temporarily unavailable in part or in full due to maintenance or other works, or for any other technical reasons. Genetics by Marsi Technical Service has the right to periodically perform necessary maintenance or other work with or without prior notice to Buyers.
12.3. The provisions of the Russian laws shall apply to the relations between the User/Buyer and the Seller.
12.4. In case of any questions and complaints from the User/Buyer, the User/Buyer may contact Seller by phone or by other available means.
12.5. The invalidity of any provision of this Agreement by a court shall not entail the invalidity of the remaining provisions.
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