Option Contract
General conditions of sale and purchase
The individual entrepreneur Granovskaya, hereinafter referred to as the “Seller,” offers to any legally competent person, hereinafter referred to as the “Buyer,” to confirm and accept for execution the present General conditions of sale and purchase of the goods in the internet shop MAGOFCC on the terms stipulated below: (hereinafter referred to as the “Contract”).
1. Terms and conditions
The Seller is the self-employed entrepreneur, certificate number 316366800146510.
The Buyer is any individual who made a purchase order at the Seller’s website for the subsequent use, solely for personal, family, home and other needs, not related to commercial activities.
The Recipient of the Goods is the third party, mentioned by the Buyer in the Order as the recipient of the Goods.
The website http://mago-fcc.com is an internet site, where the Seller has a legal title to it. The order is made when the Buyer files a purchase order to the Seller, selected from the stock of the online shop of the Seller. The order registration confirms his consent to the conclusion of the present Contract, acquaintance and acceptance without any limitations of all terms and conditions of the present Contract. The Order is an integral part of this Agreement.
The bulk order is an order where the physical (actual) weight of at least one article of the baggage exceeds 80 kg or the sum of their dimensions is over or equal to 270 cm.
The Goods are the object of civil rights, not limited to turnover, represented in an online shop of the Seller that are offered by the Seller for sale to the Buyers.
The delivery service is the third person to perform the delivery services of the Purchase Orders to Buyers based on the Contract with the Seller.
The personal cabinet is an individual section of the Buyer at the Seller’s website. The access to the cabinet is provided through the secure connection that contains information about the Buyer which he fills in about him/her as he registers in the online shop of the Seller.
2. General provisions
2.1. The present Contract, as well as the information (including the information related to the Goods), submitted in the online store, is a public offer in accordance with Clause 435 and p. 2 of article 437 of the Civil Code of the Russian Federation.
2.2. The relations between the Seller and the Buyer under this Contract are regulated by the acting legislation of the Russian Federation, including the provisions of the Civil Code of the Russian Federation on retail sale and purchase (§ 2 chapter 30), the Law of the Russian Federation “On protection of Consumers’ Right” dates February 2, 1992 № 2300-1, the Regulations on remote sale of goods, approved by the Statute № 612 of the Government of the Russian Federation dated September 28, 2007.
2.3. The parties make the present Contract on Sale of Goods between the Seller and the Buyer on the terms stipulated in the present Contract.
2.4. This Contract is deemed to be concluded as the Seller received the Order of the Buyer on condition of availability of the Goods in the Seller’s warehouse.
2.5. The Contract is valid until the Parties fully fulfill their obligations, or until the early termination of the Contract by the initiative of one of the Parties in accordance with the terms and conditions of this Contract.
2.6. The Seller reserves the right to make changes in the General Conditions of Purchase and Sale of Goods, unilaterally, at his own discretion, whereas the Buyer is liable to get familiarized with the conditions of the present Contract prior the reservation order.
3. Personal information
3.1. The personal information of the Buyer is processed in accordance with the Federal Law №152-FL on “Personal data”
3.2. The order placement on the Seller's website demonstrates the Buyer's consent to the processing of his/her personal data and personal data of the Recipient of the goods, including the last name, first name, patronymic name, address, phone number, fax, email, date of birth, sex, passport information, as well as other information, mentioned by the Buyer.
As the order is registered, the Buyer agrees that the Seller has the right to charge the third party with the processing of the personal information at his/her discretion provided that the requirements of the Federal Law "On Personal Data" No. 152-FL of July 27, 2006, including the confidentiality and protection of personal data. The consent to the personal data processing or other above mentioned actions shall be provided by the Buyer without any limitation of the validity period.
3.3. The Seller uses the personal data of the Buyer (Recipient of the goods) in the following forms: collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, service delivery provision, access), depersonalization, blocking, removal, personal data destruction, and any other actions with personal data, executed with the use of automation or without using such means in accordance with the Federal Law "On Personal Data".
The Seller uses personal data of the Buyer (the Recipient of the goods) for the following purposes:
1) for the registration of the Buyer in order to meet the obligations under the Contract;
2) to meet their liabilities with the Buyer under the Contract, including in order to ensure the delivery of the goods;
3) to evaluate and analyze the work of the Seller while meeting commitments under the Contract.
3.4. The Seller has the right, with the consent of the Buyer, to send information, including advertising messages, to his e-mail and cell phone. The Buyer has the right to refuse from advertising and any other information without explaining the reasons for the refusal at any time. The fact of registration on the website of the Seller's Internet store is a sufficient form of consent for the receipt of the above mentioned messages. Service messages informing the Buyer about the order and stages of its processing are sent automatically and cannot be declined by the Buyer.
3.5. The disclosure of information according to justified and applicable requirements of the law. The Seller shall not be liable for the data provided at the website of the online shop in a publicly accessible format.
3.6. The Seller has the right to record the phone conversations with the Buyer. Herewith, the Seller shall be authorized to prevent the attempts of unsanctioned access to the information received during the phone conversations and/or its transfer to the third parties.
3.7. The fact of registration at the website of the Seller's internet shop and/or the execution of the Goods Order is a sufficient form of consent to the processing of his personal data, while the written form or other evidence for additional confirmation of a free will of the Buyer to the Seller is not required. Having issued an Order, the Buyer confirms that the consent is specific, informed and conscious.
3.8. The Seller shall not disclose any information received from the Buyer. Reporting of data to the agents and the third parties, acting on the basis of the Contract with the Buyer, in order to meet the commitments to the Buyer, shall not be deemed to be the violation of the Contract.
4. Ordering procedure
4.1. The order is made by the Buyer at the website of the Internet shop of the Seller. The images of the Goods, displayed in the internet shop, are provided for reference; therefore, they can not reveal the trustworthy information on properties and characteristics of the Goods. In case of necessity, the Buyer may contact the Seller by the phone numbers given at the website of the internet shop. Placing the Order, the Buyer confirms that he has been provided with all necessary information on the Goods.
4.2. The Order shall specify:
- Surname First Name Patronymic Name of the Buyer and the Recipient of the Order (in the event that the Recipient of the order is a third party)
- Delivery address of the order
- Buyer's e-mail address
- Contact phone numbers of the Buyer and the Recipient of the Order (in case the Recipient of the order is a third party)
- Form of payment
4.3. The Buyer shall be personally liable for the content and reliability of the data when placing the Order, including the placement and conveyance of the personal information of the third parties.
4.4. The Order may be registered at the website of the internet shop of the Seller on any day. After completing the Order within one hour, the Buyer receives the confirmation of the Order at the specified e-mail address. In the event that the Buyer has used the Seller's consultation service by phone, the Order can be changed and the final confirmation of the Order with the approved terms by the parties will be sent to the Buyer at the given email address.
4.5. In case the ordered goods are absent in the warehouse of the Seller due to the reasons beyond the Seller’s control, the Seller is authorized to cancel the above-noted Goods or the Buyer’s order and notify the Buyer by email, mentioned at registration or a phone number filled in at the checkout.
5. Delivery of Goods
5.1. The Seller delivers the Goods to the Buyer at his own expense as stipulated by the Contract.
5.2. In order to meet its commitments in terms of the delivery of goods, the Seller uses the services of the third parties.
5.3. The methods and terms of delivery of the Goods are designated at the internet shop website of the Seller in “Delivery” section.
5.4. The delivery of the goods is performed within and beyond the borders of the Russian Federation. The terms of delivery depend on the chosen delivery method, the location of the Buyer (the Recipient of the Goods), as well as the fulfillment of liabilities in terms of payment for the Goods.
Confirming the order, the Seller mentions the approximate delivery term of the Goods. The delivery deadlines of the goods depend on the region and the delivery addresses and the specific features of the delivery service and do not depend directly on the Seller.
5.5. When the prepaid goods are delivered, the delivery officer has the right to request a document, certifying the identity of the Recipient of the Goods. The Seller guarantees the confidentiality and protection of the Personal Information of the Recipient of the goods in accordance with the legislation of the Russian Federation. The terms for the use of personal data provided by the Buyer, as well as the conditions for the use of materials and services by the Buyers, are also mentioned in the "Privacy Policy" section.
5.6. Upon the receipt of the Order, the Buyer (the Recipient of the goods) is liable to check the outward appearance and integrity of the Order package, the completeness and assortment, and sign a document, confirming the receipt of the Order.
5.7. The employee of the delivery service is not a technical expert and does not offer any consultations on the Seller's Goods.
5.8. The ownership right, as well as the risks of accidental loss or accidental damage of the Goods, shall move from the Buyer as the Goods are handed over to him and as he the Buyer (the Recipient) signs the documents, confirming the receipt of the Goods.
5.9. In the event that the goods are handed over to the Buyer in breach of the approved conditions in regards to quantity, assortment, quality, completeness, packaging and (or) packaging of the goods, the Buyer may notify the Seller about these violations on or before 20 days after the receipt of the goods.
6. Payment for the order
6.1. The prices for the Seller’s Goods are indicated at the website of the internet shop in the Russian roubles and include VAT.
6.2. The price for the Goods can be changed by the Seller unilaterally at any time until the Seller receives the Order. In the event of a technical glitch on the website of the Seller's online store, an Order issued with an erroneous price is canceled after informing the Buyer about it. In the event that the Order was prepaid, the Seller refunds to the Buyer the sum of money paid for the Order.
6.3. The payment methods are selected by the Buyer as the Order is registered. The payment methods are listed in the "Payment" section on the Seller's website.
6.4. The moment of fulfillment by the Buyer of its payment obligation shall be deemed the remittance of funds to the Seller’s account or the moment of handing over the funds on hand to the person to deliver the Goods.
6.5. Specific process of payment by bank card online:
6.5.1. In accordance with the Regulations on the emission of payment cards and banking cards operations № 266-P, approved by the Bank of Russia dated December 24, 2004, operations involving the use of the banking card shall be made by the cardholder.
6.5.2. The authorization of transactions using a bank card is executed by the bank. If the bank has the grounds to believe that the transaction is fraudulent, then the bank has the right to refuse to perform this operation. Fraudulent transactions with bank cards fall under Article 159 of the Criminal Code of the Russian Federation.
6.5.3. In order to avoid the cases of illegitimate use of banking cards, all Orders, registered at the website, paid by bank cards, shall be checked by the Seller. In case of suspicion of the improper use of the bank card the Seller leaves the right without any explanation of the reason to refuse to enforce the Contract (cancel the Order) and refund the paid amount to the bank card with which the payment was made.
7. Discounts
7.1. The Seller has the right at his own discretion to provide the Buyer with the discounts for the Goods, use the system of bonuses and positive reinforcements, as well as establish a different price for the Goods. In this case, the order, the size, the terms and other conditions for using the Seller's loyalty system are communicated to the Buyers by placing them at the Seller's Website and may be changed by the Seller unilaterally, as well as upon the confirmation of the Order.
8. Return and exchange of goods
8.1. The buyer has the right to refuse the Seller or return to the Seller the Goods of respective quality at any time prior to its delivery and within 7 (seven) days after the delivery of the Goods. In the event that the returned Goods were prepaid, the Buyer shall be authorized to demand from the Seller the return of the amount paid excluding delivery expenses of the Seller.
8.2. The return of the Goods of proper quality is possible if the Goods were not in use, and its marketable condition, consumer properties, as well as the document, confirming the fact and the conditions of purchase of the specified Goods is preserved.
8.3. The Buyer shall not be entitled to refuse from the Goods of proper quality with specific properties if the above mentioned Goods can be used exclusively by the person to buy it.
8.4. In case of refusal to accept the Goods, in case the Goods are a part of the kit, the refund can only be carried out by a full set.
8.5. Detailed information on the rules on the stock return to the Seller is specified in the section "On stock return and exchange" at the website of the Seller's online store.
9. Warranty of the Goods
9.1. The buyer has the right to make demands provided by the law “On protection of consumers’ rights” to the Seller in respect to defects of the Goods if they are found within the warranty period of the Goods.
10. Intellectual property
10.1. All textual information and graphic images shown at the website of the Seller's Internet shop are deemed as the property of the Seller. The use by the Buyer and the third parties is possible only if the Right holder granted the written consent for such use.
11. Confidentiality and protection of personal information
11.1. The Seller's policy in respect to the processing of personal data is shown in the section “Confidentiality” at the website of the Seller’s internet shop.
12. Other conditions
12.1. The Buyer hereby agrees that the Seller has the right right to assign or in any other way transfer its rights and obligations under this Contract to any third party.
12.2. The Buyer expresses its consent to receive from the Seller by any method specified by the Buyer as he registers the order marketing and / or promotional materials focused on promoting the Goods, including those involving some investment in Orders. The Buyer has the right to refuse from marketing and/or advertising materials the Buyer has the right to refuse receipt of the specified marketing and/or promotional materials at any time by addressing a message to the Seller to the email of the Seller as mentioned at the website.
12.3. For the purpose of this Contract business days shall be defined on a basis of a five-day workweek, apart from days off and public holidays as stipulated by the legislation.
12.4. In all aspects that are not directly provided by the current Contract, the Parties shall be guided by the current legislation of the Russian Federation. The court’s recognition of the invalidity of any clause of the current Contract shall not entail the invalidity of remaining provisions.
12.5. The parties are liable as stipulated by the legislation of the Russian Federation for failure to meet liabilities or improper fulfillment of liabilities.
12.6. In the event of any dispute or disagreement arising between the Seller and the Buyer in respect to this Contract or execution or non execution of liabilities by any Party under this Contract, the Parties shall make every effort to resolve the disputes by negotiation. If the disputes cannot be resolved by negotiation, outstanding issues shall be referred to the court as stipulated by the acting legislation of the Russian Federation.
13. Banking references of the Seller
Complete name of the organization
Individual entrepreneur Granovskaya Alina Nailievna
The brief name of organization
IE Granovskaya
Legal address
394053 Russia, Voronezh, Victory Boulevard, b. 26, office 107.
Postal address
394 053
Personal tax reference number
366219392028
Bank
JCC Alfa Bank
Operating account
40802810602940002270
Correspondent account
30101810200000000593 in the Main Branch of the Bank of Russia in the Central Federal District
RCBIC
044525593
Russian Standard Industrial Classification of Economic Activities
Russian Business and Organization Classification
Russian National Classification of Municipal Territories
All-Russian Classifier of Political Subdivisions