Try Merry ™ publishes this Agreement, which is in accordance with Art. 435, 437 of the Civil Code a Public Offer addressed to individuals, hereinafter - "the Purchaser" and expresses its intention to be concluded this public contract (hereinafter - the Agreement) with the Buyer to accept the offer to conclude a contract for the following conditions:
1.Terms and definitions.
In this Offer, unless the context otherwise requires, the following terms have the following meanings:
"Offer" - a public offer of the Seller, addressed to the Purchaser, to conclude with him a contract of sale (hereinafter - the "Agreement") on the existing terms and conditions contained in the Agreement.
"Acceptance" - full and unconditional acceptance by the Purchaser of the Treaty conditions.
"Seller" - IP Spirina Elena (INN 770470473619, OGRN 313774605900796, legal address: Moscow, Nizhny Kislovskiy Pereulok 3)
"Buyer" - an adult, able-bodied person, having intention to order or purchase or ordering, purchasing or using goods exclusively for the personal, family, household and other needs not related to business activities.
«Website» - http://www.trymerry.com
"Internet-shop" - a site owned by the Seller, located on the Internet at trymerry.com.
"Goods" - goods for sale in the "Online Store."
"Basket" - detached Buyer's personal page on the site to carry out orders and personal data management.
"Feedback" - Customer care e-shop support provided information support and customer service for all matters arising from the buyer in connection with the purchase of the goods in the shop.
2. Subject of the Agreement.
2.1 The seller is obliged to transfer goods intended for personal, family, household or other uses not related to entrepreneurial activity, to the Buyer in accordance with the order of the buyer procedure agreed in this Contract, and the Buyer undertakes to accept and pay for the goods in the manner and time specified in the Agreement.
2.2. This Agreement is a public offer and contains all the essential conditions of the sale and purchase remotely through the Internet shop. This Agreement regulates the relations between the Seller and the Buyer.
2.3. Online Shop is assigned for remote sale of goods via the Internet.
2.4. This Agreement is an official document of the Seller and an integral part of the offer.
3.1. Buyer's order can be executed only through a special service on the merchant site.
3.2. When making a purchase on the Site Buyer provides the following personal information:
the delivery address .
3.3. Buyer is responsible for the accuracy and relevance of the provided information during the ordering process.
3.4. Seller is not responsible for the consequences arising providing false or inaccurate information, including when such information has led to a late delivery of Products.
3.5. The buyer has the right to edit your registration information by himself. Seller does not change or edit the registration information of the buyer without the latter's consent. The seller uses the data only for the conclusion and execution of the Agreement and does not provide them to third parties without the consent of the Buyer.
3.6. Giving personal details referred to in paragraphs 3.1. - 3.2. in the registration form on the website implies full and unconditional acceptance of this Agreement by the Purchaser.
3.7. After ordering, the Buyer provides information on the expected date of transfer orders to the delivery service. Estimated date is a period during which the seller is obliged to transfer the buyer's order to the delivery service chosen by the buyer when making an order.
The date depends on the availability of the ordered goods at the Seller's warehouse and the time required to process the order.
3.8. All information materials displayed at the Site are for reference only and may not fully convey true information about the properties and characteristics of the goods.
The item could be slightly different from the illustrations on the site. The Seller undertakes reasonable efforts to match the color and the shape of goods as much as possible on the Seller's website.
In case the Buyer has questions concerning the properties and characteristics of the goods, he can contact the Seller to the address: [email protected] before placing an order.
3.9. In case of the absence of the ordered goods at the Seller's warehouse, including for reasons beyond the control of the Seller, the Seller is entitled to cancel the specified goods from the Buyer's order and notify the Buyer.
3.10. If case of completely or partially canceled the prepaid Order, canceled value of the goods is returned by the Seller to the Buyer.
4. Prices and payments.
4.1. The total cost of the order consists of the cost of the goods ordered by the Buyer in the shop and the cost of delivery in case of selecting chargeable shipping method (DHL).
4.2. Buyer pays for the order in any available and desired way at online store. Payment methods are listed on the website under "Terms of the purchases and returns."
4.3. Payment for Goods is the full cost of the goods specified on the website at the time of placing the order and the shipping cost if the Buyer chooses chargeable delivery method.
4.4. The price of the goods is indicated on the site and is determined independently by the Seller.
4.5. In the event of an incorrectly specified price of the goods ordered by the Buyer the Seller contacts the Buyer as soon as possible to inform the Buyer and confirm the Order with the corrected price or cancelling the Order. If it is unable to contact the Buyer, the Order is canceled. If the Order has been paid, the Seller returns to the Buyer all paid funds and the Order is cancelled.
4.6. The price of the goods presented on the website may be changed by the Seller at any time with any reason. The price of the already ordered goods by the Buyer can not be changed.
4.7. Upon cancellation of the order or its part, the cost paid by credit card can be only returned to the same card which was used for the payment or through PayPal service.
4.8.In accordance with the Decree of the RF Government dated 19.01.98 №55 jewelry made of precious metals and stones can not be returned or exchanged.
5.1. Total delivery of the goods from the Seller consists of a period of order processing and delivery. Order processing time is one (1) or two (2) working days after ordering. Express delivery in Moscow up to 3 (three) business days from the date of the order. Express delivery to the region of Russian Federation ranges from three (3) to eight (8) working days from the date of processing the order. Delivery outside of Russia depends on the chosen method of delivery. For example, if you select free worldwide shipping method operated by the Russian Post, the delivery is carried out in accordance with Russian Post delivery terms for a given region; in the case of chargeable delivery method operated by DHL delivery is carried out in accordance with the terms of delivery of DHL for a given region.
5.2. Delivery is carried out worldwide by any available method noticed on the website. Delivery methods are indicated on the Website in the section "Terms of delivery". Delivery of certain goods is limited outside of the territory of the Russian Federation.
5.3. Seller will make every effort to comply with the terms of delivery specified on the site, however, delays in delivery are possible due to unforeseen circumstances that occur through no fault of Seller.
5.4. If delivery is delayed arising through no fault of the Seller, the Seller shall have no liability to the Buyer.
5.5. The risk of accidental loss or damage of the goods passes to the Buyer from the moment of transferring the goods and the receiving the Order by the Buyer. In the case of non-delivery the Seller shall reimburse the Buyer the cost of pre-paid Order after receiving confirmation of the loss from the shipping service.
5.6. The goods are delivered free of charge worldwide with the exception of Buyer's wish to choose chargeable shipping method DHL. DHL shipping cost is calculated individually based on Order's weight and shipment address.
5.7. Shipment is delivered to the Buyer or the person indicated as the recipient. In the absence of the Buyer or the Recipient indicated before in the place of delivery, the Order is given to the person who can present the document confirming payment for the order or order placement.
5.8. To prevent fraud, as well as to fulfill its obligations under the Order person who is taking care of the delivery have the right to request recipients ID.
5.9. In the case of non-delivery of the goods to the Buyer due to reasons beyond the control of the Seller and / or Delivery Service, the Order is sent to the Seller and the Seller returns the value of the goods the Buyer in case it was prepayed.
5.10. The goods are delivered to the address indicated by the Buyer when placing the order.
5.11. Seller is not responsible for the payment of taxes and other fees of a country of the Recipient. All taxes and fees related to the purchase and their delivery to the Buyer must be paid by the Buyer.
6. Terms of returns.
6.1. The Buyer has the right to refuse Order at any time before it is received, and within 14 days after it was received.
6.2. Returns of the goods of good quality are possible if they were not in use, their presentation (packaging, seals, labels) are new, on place and not used, and if the Buyer has a document confirming the fact and conditions of purchase.
When returning an Order, a Buyer has to attach his ID and bank details for the funds return. The Buyer has no right to return or exchange the goods of good quality, specified in the list of non-food products of good quality that can not be returned or exchanged, approved by RF Government Decree of 19.01.1998 number 55.
6.3. Upon cancellation of the Order with goods of good quality, the Seller must return its value to the Buyer within 10 days after receiving the goods along with the written statement explaining a reason of return from the Buyer. In case of refusal of the goods of good quality by the Purchaser, delivery cost or returning an Order from the Buyer to the Seller is compensated by the Buyer and carried out in any convenient way for the Buyer. Seller will not reimburse the Buyer any paid taxes and fees upon receipt of the goods, if any have taken place.
To return the goods Buyer must present:
- Written application for a refund, mentioning the reason for the return;
- Attach a copy of passport and proof of payment for the goods.
6.4. Requirements for the returns are to be satisfied within 10 days of receipt of the goods by the Seller from the Buyer in case of compliance of the returned goods to their presentation and quality.
6.5. Goods not conforming to its presentation and quality is goods with visual defects and goods that can not meet its functional properties due to the presence of industrial defects. The Product must conform to the description on the website.
6.6. Buyer can return the product of improper quality to the Seller and to demand return of the paid amount within 14 days after the purchase if the product was not in use and has retained its original appearance. The application for refund must be specified what kind of defect includes the returned goods. The difference of qualities such as shape and color of the goods from those stated in the description on the website is not a malfunction or dysfunction of the goods.
6.7. When receiving the goods Buyer/Recipient should check its appearance and packaging, the number of items in the order, completeness, assortment. When the courier delivery the goods, the Buyer / Recipient puts his signature on the receipt of delivery, in the column with the words: "Order received, completeness complete, the delivery of services are provided, and there are no claims to the appearance of the goods."
6.8. Due to remote sale process, goods changing can only be done by returning the goods and making of a new order for the same product.
6.9. In case of refusal to perform the contract, the Buyer must return the goods to the seller. Reasonable demands for the returning of the amount paid may be granted only after the Seller receives the returned goods in the proper form.
6.10. When returning goods of good quality Buyer will be returned the value of the goods according to the time of purchase. Shipping cost and return shipping cost is paid by the Buyer. To avoid disputes and customer complaints to the Seller, parcels must be opened in the presence of the courier.
7. Personal data processing
7.1. The information provided by the Buyer when ordering is confidential. Personal data processing by the Seller is made in accordance with the Federal Law of July 27, 2006 № 152-FZ "On the processing of personal data."
7.2. Seller is not responsible for the content or accuracy of the information provided by the Buyer when ordering.
7.3. By providing your personal information to the Seller, the Buyer agrees to their processing as with the use of automation and without the use of automation, in particular the collection, storage, transfer (including cross-border transfer) to third parties and use of information by the Seller in order to fulfill obligations to Buyer in accordance with this Agreement.
7.4. The buyer has the right to withdraw consent to the processing of personal data by sending a notification to the address: [email protected] In the case of receipt of Buyer's notice of withdrawal of consent to the processing of personal data, the Seller undertakes to remove the Buyer's account from the Site.
7.5 .The Seller processes personal data of the Buyer:
for placing an order on the Site;
to meet its obligations to the Purchaser;
for assessment and analysis of the Site;
to determine the winner in stimulating activities carried out by the Seller.
7.6. Seller may send Buyer Posts advertising-information character, both the seller and its partners. If the buyer does not wish to receive these emails, he must send a notice to the address: [email protected]
7.7. Seller shall not disclose information received from the Purchaser. It is not considered a violation of the provision of information by the Seller to agents and third parties acting on the basis of an agreement with the Seller, to fulfill obligations to the Buyer.
7.8. It is not considered a violation of disclosure obligations in accordance with the valid and applicable legal requirements.
7.9. The Seller has the right to use recording technology «cookies» in the provision of the Buyer access to the Site. «Cookies» does not contain confidential information and are not transferred to third parties.
7.10. Seller is not responsible for the information spread by the Buyer using the Site in an accessible form.
8.1. All text information and graphics featured on the website of the Seller is the property of the Seller.
9. Validity and changing conditions of the Offer
9.1. Offer comes into effect from the moment of its publication on the Internet site at http://www.trymerry.com and valid until withdrawal of the Offer by the Seller.
9.2. Seller reserves the right to amend the terms of the Offer and / or withdraw the Offer at any time at its discretion. In the event of changes in the Seller's Offer, such modifications shall be effective upon publication on the website, unless otherwise such changes come into effect is not defined further in their publication
10. Period of validity, amendment and termination of the Agreement
10.1. The Agreement shall enter into force from the date of acceptance of the offer and valid until the seller's delivery obligation or shipment of goods and services in the amount corresponding to the product of the Purchaser under the Contract of payment, or until the termination of the Agreement.
10.2. The Agreement may be terminated by the buyer or seller in the cases stipulated by the Russian legislation.
11. Liability of the Parties
11.1. For failure or improper fulfillment of obligations under this Agreement, the parties shall bear responsibility in accordance with Russian law.
11.2. The Seller is not responsible for the inability of customer service for any reasons beyond his control, including the disruption of communication lines, equipment failure, failure to fulfill obligations of suppliers of certain services, and so forth.
11.3. The Seller is not responsible for damage caused by the Buyer as a result of improper use of Products ordered on the Site.
11.4. The Seller is not responsible for the content and functioning of external sites.
11.5. The Seller under any circumstances shall not be liable under the Contract for the Offer:
a) Any consequential loss and / or loss of the benefit of the Buyer and / or third parties, regardless of whether Seller may anticipate such damages or not.
b) The use of (loss of use) and any consequences of the use of (the inability to use) the buyer to choose their form of payment of the goods or services.
11.6. Without prejudice to the above, the Seller shall be released from liability for breach of the Treaty of the offer, unless the violation is caused by the action of force majeure (force majeure), including actions of the authorities, natural disasters, fire, flood, earthquake, lack of electricity, failures in a computer network, strikes, civil unrest, riots, any other circumstances, without limitation, may affect the performance of contract by the seller of the offer.
12. Other conditions
12.1. The Seller may assign or otherwise transfer rights and obligations arising from his relationship with the Purchaser to third parties.
12.2. Any notice required or permitted by the Treaty, must be made in writing. All notices must be written in Russian and sent to the notifying party to another party via e-mail, by fax or by registered letter with acknowledgment of receipt.
12.3. If any of the conditions of the Offer are invalid or illegal or may not enter into force in accordance with applicable law, such provision shall be allocated from the Offer and replaced by a new provision which best suits the original intentions contained in the Offer, the remaining provisions of the Offer (the Treaty) do not change and remain in force.
12.4. All issues unsettled by the Offer or the Agreement shall be governed by the civil legislation of the Russian Federation. Disputes and disagreements that may arise in the execution of this Agreement shall be settled through negotiations between the parties to the Treaty. In case of failure to resolve the conflict through peaceful negotiations, the dispute is settled in court in accordance with the Russian legislation.
12.5. The agreement constitutes the entire agreement between Seller and Buyer. Seller does not assume any conditions and obligations relating to the subject of the Offer (the Order), other than those specified in the Offer. An exception may be cases where such conditions or obligations recorded in writing and signed by Seller and Buyer.