OFFER POLICY

PUBLIC OFFER AGREEMENT

  1. General provisions.
    1. This User Agreement (hereinafter referred to as the Agreement) refers to the website of the online store www.vivalavika.com located at www.vivalavika.com.
    2. Online store website www.vivalavika.com (hereinafter referred to as the Site or Online Store) is the property of the IE Bolotov Denis Olegovich.
    3. This Agreement governs the relationship between the Administration of the website of the online store www.vivalavika.com (hereinafter referred to as the Site Administration) and the User of this Site.
    4. The site administration reserves the right to change, add or delete clauses of this Agreement at any time without notifying the User.
    5. Continued use of the Site by the User means acceptance of the Agreement and the changes made to this Agreement.
    6. The user is personally responsible for checking this Agreement for changes in it.

 

  1. Definitions of terms.
    1. The terms listed below have the following meanings for the purposes of this Agreement:
      1. www.vivalavika.com - Online store located on the domain name www.vivalavika.comoperating through the Internet resource and related services.
      2. Online store - a Site containing information about the Goods, the Seller, allowing you to select, order and (or) purchase the Goods.
      3. Administration of the website of the online store - authorized employees to manage the Site, acting on behalf of the IE Bolotov Denis Olegovich.
      4. User of the website of the online store (hereinafter referred to as the "User") is a person who has access to the Site via the Internet and uses the Site.
      5. The content of the website of the online store (hereinafter referred to as the "Content") is the protected results of intellectual activity.
  2. Subject of the agreement.
    1. The subject of this Agreement is to enable the User to purchase for non-commercial needs the Goods presented in the online store catalog. This Agreement is concluded between the Buyer and the online store at the time of ordering. The buyer confirms his agreement with the terms of the Agreement by checking the box "I agree with the rules of the store" when placing an order.
      1. The online store provides the User with the following types of services:
  • access to search and navigation tools of the online store;
  • access to information about the Goods and to information about purchasing the Goods on a paid basis;
  • other types of services (services) sold on the pages of the online store.
  • This Agreement covers all existing (actually functioning) services of the online store at the moment, as well as any subsequent modifications and additional services of the online store that appear in the future.

 

    1. This Agreement and information about the product is a public offer (in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation). By accessing the Site, the User is considered to have acceded to this Agreement.
    2. The use of materials and services of the Site is governed by the current legislation of the Russian Federation.
    3. The relationship between the online store and the Buyer is subject to Art. 497 of the Federal Law of the Russian Federation of 25.10.2007 N 234-FZ of the Civil Code of the Russian Federation on the sale of goods by remote means, as well as the Law of the Russian Federation "On Protection of Consumer Rights" of 07.02.1992 No. 2300-1 and other legal acts adopted in accordance with them ...

 

  1. Purchase of goods.
    1. The product is presented on the Site through sample images.
    2. Each image is accompanied by a description of the product and its price. Product images may differ from actual product. The product description is not exhaustive and may contain errors or inaccuracies.
    3. At the request of the Buyer, the manager of the online store is obliged to provide (by phone or by e-mail) other information that is necessary and sufficient, from the point of view of the Buyer, to make a decision on the purchase of goods, as well as check the availability of goods in the warehouse.
    4. 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 or cancel the Buyer's Order by notifying the Buyer by sending an appropriate email message to the address specified by the Buyer during registration (or by calling the operator). In case of cancellation of a prepaid product, the Seller undertakes to return the cost of the paid Product in the way it was paid for. The buyer has the right to replace the missing product with another product that is in stock.
    5. The price of the goods indicated on the Site can be changed unilaterally by the Internet store.
    6. In the event of a change in the price of the goods ordered by the Buyer, the manager of the online store informs the Buyer about it (by phone or via e-mail) as soon as possible to receive confirmation or cancellation of the order. If it is impossible to contact the Buyer, this order is considered canceled.
    7. The purchase of the Goods offered on the Site may require the creation of a User account.
    8. The User is personally responsible for maintaining the confidentiality of account information, including the password, as well as for all, without exception, activities that are conducted on behalf of the User of the account.
    9. The user must immediately notify the Site Administration of any unauthorized use of his account or password or any other security breach.
    10. The order can be placed by the Buyer in the following ways: by e-mail support@vivalavika.com or placed independently on the Site.
    11. After placing the order, a letter is sent to the Buyer's e-mail, confirming the acceptance of the order, indicating the names of the selected goods and the total amount of the order, which is an integral part of this Agreement. Further, the online store manager contacts the Buyer (by phone or via e-mail) to receive an order confirmation.
    12. The Buyer has the right to refuse the ordered goods at any time before it is sent to the Buyer, notifying the Internet store in advance (by phone or by e-mail).
    13. The buyer does not have the right to refuse the ordered jewelry and return it after delivery to the buyer's address.

 

  1. Delivery of goods across Russia.
    1. Methods and approximate delivery times are indicated on the Site in the "Delivery Terms" section.
    2. Delivery of ordered and paid goods is made within the territory of the Russian Federation and abroad and may be limited at the discretion of the Site Administration.
    3. Shipping costs are indicated on the Site and paid by the Buyer.
    4. The buyer is obliged to inspect the goods in the presence of the courier, check its availability, quantity and quality. The obligation of the Site to transfer the Goods to the Buyer is considered fulfilled at the time of the transfer of the Goods.
    5. The risk of accidental destruction or damage to the Goods passes to the Buyer at the time the goods are handed over to him.
    6. The obligation of the Site to transfer the Goods to the Buyer is considered fulfilled at the time of transfer of the Goods to the Buyer by the courier service employee.
    7. The Buyer agrees that the delivery is not part of the Goods, but only a separate service, which ends at the time the Goods are transferred to the Buyer. 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". International delivery of goods.
    8. The site has the right, at its discretion, to limit the territory of distribution of the "International delivery" service.
    9. The Site has the right, at its discretion, to limit the Goods that are available for International shipping.
    10. The International Shipping Price is agreed between the Site and the Buyer prior to the purchase by email. After agreeing on the delivery price, the price is summed up with the order amount.
    11. Payment for orders with international delivery takes place through the site.

 

 

  1. Payment for the goods.
    1. Methods of payment for the goods are indicated on the Site in the "Payment" section
    2. Goods are paid only in the currency of the Russian Federation.
    3. In case of 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.
    4. 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.
    5. 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.
    6. The fact of acceptance of the goods by the Buyer is payment for the goods (payment of the total amount of the order and the amount of expenses for the delivery of the goods to the Buyer).
  2. Return of goods and money.
    1. The conditions for the return of the Goods are indicated on the website in the “payment and return” section.
    2. The buyer has the right to return or exchange the goods in the event of an obvious factory defect within 14 (fourteen) days from the date of receipt. It is possible to return a product only if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product (email or SMS confirmation) are preserved. During this period, the Buyer is obliged to notify the store manager by writing an email to support@vivalavika.com about the desire to return the product.
    3. If the Buyer refuses from the goods, the Internet store returns to him the amount paid for the goods, except for the amount of expenses of the Internet store associated with the delivery of the goods to the Buyer and the export of goods from the Buyer (the cost of delivery of the Goods by courier service is paid by the Buyer), no later than ten days from the date presentation by the Buyer of the corresponding demand.
    4. Refunds are made in the same way as the goods were paid for.
    5. The goods of inadequate quality can be replaced by a similar product of good quality, or returned to the Seller, in which case the Seller pays for the delivery of the goods.
    6. In the event of the return of the Goods delivered by the Russian Post in connection with the presence of claims to the Goods, the Recipient must attach the following documents to the Consignment containing the returned Goods:
      1. application for a refund;
      2. a copy of the payment receipt;
    7. The difference in design or decoration elements from the description declared on the Site is not a sign of inadequate quality
    8. The Buyer must check the appearance of the Goods and the completeness of the Order at the time of delivery of the Goods. Acceptance of the order means that the Buyer has no complaints about the quantity and appearance of the goods.
    9. This agreement is considered concluded from the moment the seller issues a cash or sales receipt to the buyer, or another document confirming payment for the goods, or from the moment the seller receives a message about the intention to purchase the goods.
  3. Rights and obligations of the parties.
    1. The site administration has the right to:
      1. Change the rules for using the Site, as well as change the content of this Site. Changes come into force from the moment the new version of the Agreement is published on the Site.
      2. Restrict access to the Site if the User violates the terms of this Agreement.
      3. Expand and reduce the product offer on the Site, regulate access to the purchase of any goods, as well as suspend or stop the sale of any goods at its sole discretion.
      4. The site has the right to conduct special promotions.
      5. In accordance with the Federal Law "On Personal Data", by placing an order, you consent to the online store to process your personal data in order to send information and promote goods on the market, without any time limit. This consent can be revoked by you by sending a written notice. In this case, your personal data will be destroyed, and their processing is terminated within 7 working days from the date we received the notification.
      6. The personal data of the User / Buyer is processed in accordance with the Federal Law "On Personal Data" No. 152-ФЗ.
      7. The Seller undertakes to maintain confidentiality with respect to the Buyer's personal data, as well as other information about the Buyer that has become known to the Seller in connection with the execution of this Agreement, except for cases when such information: is publicly available; disclosed at the request or with the permission of the Buyer; requires disclosure on the grounds provided for by law, or upon receipt of relevant requests from the court or authorized state bodies; disclosed on other grounds stipulated by the agreement of the Parties.
      8. The Seller has the right to unilaterally amend the Agreement by posting changes on the Site at www.vivalavika.com unless otherwise provided by the new edition of the Agreement.
      9. The agreement is a legally binding agreement between the Buyer and the Seller and contains the rules for making purchases in the online store "vivalavika.com".
    2. The Site User undertakes:
      1. Provide, at the request of the Site Administration, additional information that is directly related to the services provided by this Site.
      2. Do not take actions that may be considered as disrupting the normal operation of the Site.
    3. The user is prohibited from:
      1. Use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, purchase, copy or track the content of the Site of this online store;
      2. Disrupt the proper functioning of the Site;
      3. Unauthorized access to the functions of the Site, as well as to any services offered on the Site;
      4. Violate the security or authentication system on the Site.
      5. Use the Site and its Content for any purpose prohibited by the legislation of the Russian Federation, as well as incite any illegal activity or other activity that violates the rights of the online store or others.
  4. Using the website of the online store.
    1. The Site and the Content that is part of the Site is owned and operated by the Site Administration.
    2. The content of the Site is protected by copyright, trademark law, and other rights related to intellectual property and unfair competition laws.
    3. This Agreement applies to all additional terms and conditions for the purchase of the Goods and the provision of services provided on the Site.
    4. The information posted on the Site should not be construed as a change to this Agreement.
    5. The site administration has the right at any time without notifying the User to make changes to the list of Products and services offered on the Site, and (or) to the prices applicable to such Products for their sale and (or) services provided by the Internet store.
  5. Responsibility.
    1. Any losses that the User may incur in the event of intentional or reckless violation of any provision of this Agreement, as well as due to unauthorized access to the communications of another User, are not reimbursed by the Site Administration.
    2. The site administration is not responsible for:
      1. Delays or failures in the process of performing an operation arising from force majeure, as well as any case of malfunctions in telecommunications, computer, electrical and other related systems.
      2. Actions of transfer systems, banks, payment systems and for delays associated with their work.
      3. The proper functioning of the Site, if the User does not have the necessary technical means to use it, and also does not bear any obligations to provide users with such means.
    3. For damage caused to the Buyer due to improper use of the Goods purchased in the online store.
  6. Violation of the terms of the public offer agreement.
    1. The site administration has the right to disclose any information collected about the User of this Site if disclosure is necessary in connection with an investigation or complaint regarding the misuse of the Site or to establish (identify) a User who may violate or interfere with the rights of the Site Administration or the rights of other Site Users.
    2. The site administration has the right to disclose any information about the User, which it deems necessary to comply with the provisions of the current legislation or court decisions, ensure compliance with the terms of this Agreement, protect the rights or safety of the IE Bolotov Denis Olegovich and Users.
    3. The site administration has the right to disclose information about the User if the current legislation of the Russian Federation requires or permits such disclosure.
    4. The site administration has the right to terminate and (or) block access to the Site without prior notice to the User if the User has violated this Agreement or the terms of use of the Site contained in other documents, as well as in the event of termination of the Site or due to a technical problem or problem.
    5. The site administration is not responsible to the User or third parties for the termination of access to the Site if the User violates any provision of this Agreement or other document containing the terms of use of the Site.
  7. Dispute Resolution.
    1. In the event of any disagreement or dispute between the Parties to this Agreement, a prerequisite before going to court is to submit a claim (a written proposal for a voluntary settlement of the dispute).
    2. The recipient of the claim within 30 calendar days from the date of its receipt shall notify the applicant of the claim in writing about the results of the consideration of the claim.
    3. If it is impossible to resolve the dispute on a voluntary basis, any of the Parties has the right to apply to the court to protect their rights, which are granted to them by the current legislation of the Russian Federation.

 

  1. Additional terms.
    1. The site administration does not accept counter offers from the User regarding changes to this User Agreement.