Public offer for the provision of services

Novosibirsk city   Date of publication: 01 August  2019 year

Basic concepts

Site visitor - a person who came to the site http://www.ntextile.me without the purpose of placing an Order.
User - an individual, a visitor to the Site, accepting the terms of this Agreement and wishing to place Orders on the site http://www.ntextile.me.
Buyer - a user who has placed an Order on the website http://www.ntextile.me
Salesman -
  Individual entrepreneur Kostarev Alexander Vladimirovich Actual address: 630120 Russia, Novosibirsk, st. Sacco and Vanzetti 25/1, 1st floor INN 170108818543  OGRNIP 315547600032180  OKVED 13.92
Online store - an Internet site owned by the Seller, located on the Internet at http://www.ntextile.me, where the Goods offered by the Seller for purchase are presented, as well as the terms of payment and delivery of the Goods to Buyers.
Website - http://www.ntextile.me
Goods - pieces of furniture, accessories and other goods presented for sale on the Seller's Website.
Order - a duly completed request of the Buyer for the purchase of the Goods selected on the Site and their delivery to the address specified by the Buyer / or receipt by self-pickup.

1. General Provisions

1. The Seller sells the Goods through the online store at http://www.ntextile.me.
2. By ordering Products through the online store, the User agrees to the terms of sale of the Products set out below (hereinafter referred to as the Terms of Sale of Products). In case of disagreement with this User Agreement (hereinafter referred to as the Agreement), the User is obliged to immediately stop using the service and leave http://www.ntextile.me.
3. These Conditions of Sale of Goods, as well as information about the Goods presented on the Site, are a public offer in accordance with Art. 435 and clause 2 of Art. 437 of the Civil Code of the Russian Federation.
4. The Agreement can be changed by the Seller unilaterally without notifying the User / Buyer. The new version of the Agreement shall enter into force upon the expiration of 10 (Ten) calendar days from the date of its publication on the Site, unless otherwise provided by the terms of this Agreement.
5. Information (description, brand, price, etc.) about the Product on the website http://www.ntextile.me does not represent an assurance of the availability of this Product from the Seller. The Buyer is notified of the availability of the Goods by means of an electronic confirmation of acceptance of the Order (when the Buyer places an Order both without or with authorization on the Site), or by telephone (when placing an Order by phone).
6. The Agreement enters into force from the moment the Seller sends the Buyer an electronic confirmation of the Order's acceptance (when the Buyer places the Order without authorization or with authorization on the Site), or from the moment the Order is accepted from the Buyer by phone +7 383 358 08 80.
7. Upon notifying the Buyer of the absence of the Goods, the Agreement is considered concluded only if the Seller and the Buyer decide not to cancel the Order.
8. By informing the Seller of his e-mail and phone number, the Site Visitor / User / Buyer agrees to use the specified means of communication in order to carry out mailings of an advertising and informational nature containing information about discounts, upcoming and current promotions and other events of the Seller.

2. Subjects of the agreement

1. The subject of this Agreement is to enable the User to purchase the Goods presented in the catalog of the online store at http://www.ntextile.me.
2. This Agreement applies to all types of Goods and services presented on the Site, as long as such offers with a description are present in the catalog of the online store.

3. Registration on the site

1. Registration on the Site is carried out at. 
2. Registration on the Site at the address (full name of the authorization page in the address bar) is mandatory for placing an Order.
3. The User undertakes not to disclose to third parties the login and password specified by the User during registration. If the User has any suspicions about the security of his login and password or the possibility of their unauthorized use by third parties, the User undertakes to immediately notify the Seller about this by sending an e-mail to n.textile@mail.ru.
4. The Seller is not responsible for the accuracy and correctness of the information provided by the User during registration.
5. Communication of the User / Buyer with Call-center operators / managers and other representatives of the Seller should be based on the principles of generally accepted morality and communication etiquette. It is strictly forbidden to use obscene words, abuse, offensive language, as well as threats and blackmail, no matter in what form and to whom they were addressed.

4. Goods and order of making purchases

1. The photographs accompanying the Product are simple illustrations to it and may differ from the actual appearance of the Product. Descriptions / characteristics accompanying the Product do not claim to be exhaustive and may contain typographical errors. To clarify information on the Goods, the Buyer must contact the Customer Support Service.
2. In the absence of the Goods ordered by the Buyer in the Seller's warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer's Order, notifying the Buyer about this by sending an appropriate e-mail to the address indicated by the Buyer during registration (or by calling the Seller's Call Center operator).
3. In case of cancellation of a fully or partially prepaid Order, the prepayment amount is returned by the Seller to the Buyer in the manner in which the Goods were paid.
4. The Buyer's order is made in accordance with the procedures specified on the Site in the "Technical Support" section at Change link.
5. The Buyer is fully responsible for the provision of incorrect information, which entailed the impossibility of the Seller's proper performance of its obligations to the Buyer.
6. After placing the Order on the Site, the Buyer is provided with information about the estimated delivery date by sending an email to the address specified by the Buyer during registration, or by phone. The manager serving this Order specifies the details of the Order, agrees the delivery date, which depends on the availability of the ordered Goods in the Seller's warehouse and the time required for processing and delivery of the Order.
7. The expected date of transfer of the Order to the Delivery Service is communicated to the Buyer by the manager serving the Order, by e-mail or during a test call to the Buyer.

5. Delivery of the order

1. Methods, as well as approximate terms of delivery of the Goods are indicated on the Site in the section "PAYMENT AND DELIVERY" at the address to change the link. Specific delivery times can be agreed by the Buyer with the Call Center operator when confirming the order. Delivery is carried out within 6 months from the date of placing the Order by the Buyer on the Site.
2. The territory of delivery of the Goods presented on the Site is limited to the borders of the Russian Federation, but does not include every locality. The list of settlements available for delivery can be checked with the Seller.

3. Delays in delivery are possible due to unforeseen circumstances that occurred through no fault of the Seller.

4. Upon delivery, the Order is handed over to the Buyer or to a third party specified in the Order as the recipient (hereinafter the Buyer and the third party are also referred to as the "Recipient"). If it is impossible to receive the Order by the above persons, the Goods can be handed over to a person who can provide information about the Order (shipment number and full name of the Recipient), as well as pay the cost of the Order in full to the person delivering the Order.

5. Upon delivery of the Goods, the Recipient is obliged to accept the Goods at the agreed place and time.
6. In order to avoid cases of fraud, as well as to fulfill the assumed obligations specified in section 5 of this Agreement, upon delivery of the prepaid Order, the person delivering the Order has the right to request a document proving the identity of the Recipient, as well as indicate the type and number of the document provided by the Recipient on the receipt for the Order. The Seller guarantees the confidentiality and protection of the Recipient's personal data (clause 9.3.).
7. Upon home delivery, the risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment the Goods pass through the Recipient's threshold. Any entry into the Recipient's territory is considered a threshold. Upon delivery through pick-up points, the risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment the Goods are transferred to the Buyer at the appropriate pick-up point. The pickup point is the place or institution where the Goods were sent for the purpose of their subsequent receipt by the Recipient.
8. In the event of loss of the Goods before the risk passes to the Buyer, and provided that the Buyer has canceled the Order, the Seller refunds the Buyer the cost of the Order prepaid by the Buyer in full within 10 working days after receiving confirmation of the loss of the Order from the Delivery Service.
9. The cost of delivery of each Order is calculated individually, based on the weight, the amount of measurements of the goods in the package in terms of length, width, height, region and method of delivery, as well as (if necessary) the form of payment, and is indicated on the Site at the last stage of ordering.
10. The obligation of the Seller to transfer the goods to the Buyer is considered fulfilled at the moment the courier delivers the Goods to the Recipient (upon delivery to the home), which is fixed by the Buyer's signature on the shipping documents or at the time the Recipient is notified that the Goods are at the pickup point (when delivered through the pickup point).
11. In case of delivery of the Goods through the pick-up point, the Recipient is obliged to pick up the Goods from the pick-up point within 4 calendar days from the date of receipt of the notification from the Seller about the availability of the Goods. In the event of a delay in picking up the Goods, the Buyer shall reimburse the Seller for the costs associated with the storage of the Goods.
12. Upon receipt of the Order at the pick-up point or acceptance of the Order at home, the Recipient is obliged to inspect the delivered Goods and open them in the presence of courier service workers to check the Goods for compliance with the declared quantity, assortment and completeness of the Goods, as well as check the service life of the delivered Goods and the integrity of the packaging ... If there are no claims to the delivered Goods, the Recipient signs in the "Order delivery form". The signature in the "Order Delivery Form" indicates that no claims to the Goods have been made by the Recipient and the Seller has fully and properly fulfilled his obligation to transfer the Goods.
13. In the event of any claims to the delivered Goods (non-investment, attachment of Goods other than the item specified in the inventory, manufacturing defects, other claims), at the direction of the Recipient, the courier service workers draw up an Act on the identified inconsistencies. If the Recipient has not made claims in the above procedure, then the Seller is deemed to have fully and properly fulfilled his obligation to transfer the Goods. In the event of the return of the Goods delivered through the courier service in connection with the presence of claims to the Goods, the Recipient is obliged to attach the following documents to the Consignment containing the returned Goods:
1) refusal of the Order in the form of an application for a refund
2) a copy of the report on the identified inconsistencies
3) a copy of the invoice
14. The time of the courier's stay at the Addressee's address is limited to 15 minutes.
15. The goods presented on the Site, in terms of quality and packaging, comply with GOST and TU, which is confirmed by the relevant documents (certificates, etc.).
16. To clarify the date, time and, if necessary, the route of delivery, please contact the manager who contacts the Buyer to confirm the Order.
17. Transportation of the Goods for the purpose of transferring it to the Buyer is performed by third parties. The Seller only organizes the transportation of the Goods and is not obliged to actually carry out the transportation.
18. The transaction is considered completed at the moment the Recipient receives the Goods and makes payment for it. If the Buyer is a consumer in accordance with the legislation of the Russian Federation, claims to the quality of the purchased Goods that arose after receipt and payment of the Goods are considered in accordance with the Law of the Russian Federation "On Protection of Consumer Rights" and the Seller's warranty obligations. In this regard, the purchase of the Goods with delivery does not give the Buyer the right to demand delivery of the purchased Goods for the purpose of warranty service or replacement, does not make it possible to carry out warranty service or replace the Goods by visiting the Buyer and does not imply the possibility of refunding the cost of delivery of the Goods in cases where the Buyer has the right to a refund for the Goods as such, in accordance with the Law of the Russian Federation "On Protection of Consumer Rights".

6. Payment for goods

1. The price of the goods is indicated in rubles of the Russian Federation.
2. Payment for the Goods is made in one of the following ways:
1) at the time of placing the Order, through a specialized page on the Seller's Website, using the payment system;
2) payment of an invoice issued by the Seller to the Buyer for the specified data (for individuals) or details (for legal entities);
3) by bank transfer to the seller's representative.
3. The price of the Goods is indicated on the Site. In case of an incorrect indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about this in order to confirm the Order at the corrected price or to cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled. If the Order has been paid, the Seller returns to the Buyer the amount paid for the Order in the same way in which it was paid.
4. The price of the Goods on the Site can be changed by the Seller unilaterally. In this case, the price for the Goods ordered by the Buyer is not subject to change.
5. Features of payment for the Goods using bank cards:
1) In accordance with the regulation of the Central Bank of the Russian Federation "On the issue of bank cards and on transactions performed using payment cards" dated 24.12.2004 No. 266-P, transactions on bank cards are performed by the cardholder or an authorized person.
2) Bank card transactions are authorized by the bank. If the bank has reason to believe that the operation is fraudulent, then the bank has the right to refuse to carry out this operation. Fraudulent transactions with bank cards fall under Article 159 of the Criminal Code of the Russian Federation.
3) In order to avoid cases of various kinds of unlawful use of bank cards when paying, all Orders placed on the Site and prepaid by credit card are checked by the Seller. According to the Rules of international payment systems, in order to verify the identity of the owner and his eligibility to use the card, the Buyer who issued such an order is obliged, upon request from the Seller, to provide a copy of two pages of the bank card holder's passport - a spread with a photo, as well as a copy of the bank card from both parties (the card number must be closed, except for the last four digits). The Seller reserves the right to cancel the Order without giving a reason, including if the Buyer fails to submit the specified documents (by e-mail in the form of scanned copies) within 14 (Fourteen) calendar days from the date of placing the Order or if there are doubts about their authenticity. The cost of the Order is returned to the owner's card.
6. The Seller has the right to provide discounts on Products and establish a bonus program. The types of discounts, bonuses, the procedure and conditions for accrual are indicated on the Site and can be changed by the Seller unilaterally.
7. When carrying out marketing activities involving the investment of any objects in shipments with the Buyer's Order, the delivery of these investments is carried out at the expense of the Buyer. In order to refuse an investment, the Buyer must contact the Customer Service.
8. The Seller transfers the Goods to the Buyer only in case of 100% payment by the methods specified in clause 6.1. of this agreement, unless otherwise agreed between the Seller and the Buyer in an additional agreement.

7. Return of goods and money

1. The return of the Goods is carried out in accordance with the section "Exchange and Return" indicated on the Site.
2. Return of goods of proper quality:
1) The Buyer, provided that he is a consumer in the sense of the Law of the Russian Federation "On Protection of Consumer Rights", has the right to refuse the ordered Goods at any time before receiving it, and after receiving the Goods - within 7 calendar days, not counting the day of purchase. The return of the Goods of good quality 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. 2) For its part, the Seller provides the opportunity to return the goods within 14 days from the date of the purchase, subject to the specified conditions in clause 7.2.1.
3) If the Buyer refuses the Goods in accordance with clause 7.2.1. The Seller returns to him the cost of the returned Goods, with the exception of the Seller's expenses related to the delivery and return of the Goods returned by the Buyer, within 10 working days from the date of receipt of the returned Goods at the Seller's warehouse together with the application for a refund filled out by the Buyer.
4) If the Buyer is not a consumer in accordance with the legislation of the Russian Federation, the Buyer does not have the right to refuse the Goods of proper quality.
3. Return of goods of inadequate quality:
1) A product of inadequate quality means a product that is defective and cannot ensure the performance of its functional qualities. The difference between design elements or design from those stated in the description on the Site is not a sign of poor quality or non-functionality of the Product.
2) The appearance and completeness of the Goods, as well as the completeness of the entire Order, must be checked by the Recipient at the time of delivery of the Goods.
3) Upon delivery of the Goods, the Buyer puts his signature on the delivery receipt in the column: "I accepted the order, I have no complaints about the quantity and appearance of the goods." After receiving the Order, claims for external defects of the goods, their quantity, completeness and presentation are not accepted.
4) If the Buyer was given the Goods of inadequate quality and this was not previously agreed by the Seller, the Buyer, if he is a consumer in accordance with the legislation of the Russian Federation, has the right to use the provisions of Art. 18 "Consumer rights upon detection of defects in the product" of the Law on the Protection of Consumer Rights.
5) The consumer's claims for the return of the money paid for the goods are subject to satisfaction within 10 working days from the date of the corresponding request (Article 22 of the Law of the Russian Federation "On Protection of Consumer Rights"). 4. Refunds are made by returning the cost of the paid Goods to the bank card or account from which the payment was made. The method must be indicated in the application for the return of the Goods.

8. Responsibility

1. The Seller is not responsible for damage caused to the Buyer as a result of improper use of the Goods purchased in the online store.
2. The seller is not responsible for the content and functioning of any sites other than the site http://www.ntextile.me.
3. Upon delivery of the Goods that do not correspond to the Order, the Seller does not reimburse the Buyer's lost profits.
4. The Seller is responsible for compensation for damage caused to the Buyer by the Goods of inadequate quality, only in the event of damage within the first 3 years (warranty period of the goods) from the date of Delivery.

9. Confidentiality and information protection

1. The personal data of the User / Buyer is processed in accordance with the Federal Law "On Personal Data" No. 152-ФЗ and the Seller's Privacy Policy.
2. When registering on the Site, the User provides the following information: Surname, Name, contact phone number, e-mail address, password to access the Site. When registering through a social network, the user provides access to his profile data.
3. By providing his personal data when registering on the Site, the User agrees to their processing by the Seller, including in order to promote the goods and services by the Seller.
4. The Seller uses the personal data of the User / Buyer:
1) to evaluate and analyze the work of the Site;
2) to determine the winner in the promotions conducted by the Seller.
3) The Seller has the right to send informational messages, including advertising messages, to the e-mail and mobile phone of the User / Buyer with his consent. The User / Buyer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal. Service messages informing the User / Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the User / Buyer.
5. The seller has the right to use the "cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties.
6. The seller receives information about the ip-address of the website visitor http://www.ntextile.me. This information is not used to identify the visitor.
7. The Seller is not responsible for the information provided by the User / Buyer on the Site in a public form.
8. The Seller has the right to record telephone conversations with the User / Buyer. At the same time, the Seller undertakes: to prevent attempts of unauthorized access to information received during telephone conversations, and / or transfer it to third parties not directly related to the execution of Orders, in accordance with clause 4 of Art. 16 of the Federal Law "On Information, Information Technologies and Information Protection".

10. Additional terms

1. The Seller has the right, without the consent of the Buyer, to assign or in any other way transfer his rights and obligations arising from his relationship with the Buyer to third parties.
2. The online store and the services provided may be temporarily partially or completely unavailable due to maintenance or other work or for any other technical reasons. The technical service of the Seller has the right to periodically carry out the necessary preventive or other work with or without prior notice to the Buyers.
3. This Agreement is governed by the law of the Russian Federation.
4. In case of any questions and claims from the User / Buyer, he must contact the Seller by phone or in any other accessible way. The parties will try to resolve all disputes that arise through negotiations; if an agreement is not reached, the dispute will be referred to a judicial authority in accordance with the current legislation of the Russian Federation.
5. The recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.
6. The Parties undertake, if necessary, to conclude additional agreements, sign documents or exchange the necessary information in order to implement the terms of this Agreement.