1. Terms and definitions.
In this offer (hereinafter referred to as the Contract), unless the context requires otherwise, the following terms have the following meanings:
"Seller" - online store "Try Merry" website trymerry.com
("Try Merry", TIN 772459482, OGRN 1067758601844, legal address:125009, Moscow,N.Kislovskiy pereulok,3, sq. 45), carrying out business activities in the field of retail purchase and sale of Goods by remote means.
"Buyer" — a citizen who intends to order or purchase or orders, purchases or uses goods exclusively for personal, family, household and other needs not related to the implementation of business activities.
"Online store" - a resource located on the Internet at: trymerry.com, where the Goods offered by the Seller for purchase are presented, as well as the information required when making a purchase.
"Site" — a set of logically linked web pages owned and administered by an Online store, containing data about Products and the terms of their purchase, at the address: trymerry.com.
"Personal Account" — the User's personal space, a personalized Site interface with a set of user tools for using personalized Site services. Access to the Personal Account is carried out by authorizing the User through the social network Facebook.
The presence of the Buyer's registration in the Online store is not a prerequisite for ordering Goods by the Buyer, however, the Buyer's registration gives him additional advantages, including access to additional services of the Seller and facilitates the process of ordering Goods.
"Product" — clothing, shoes, accessories and other goods submitted for sale through the Online store.
"Order" — a request made in a pre-established form by the Buyer for the purchase and delivery to the address specified in the request of the Goods selected in the Online Store, sent via the Internet.
By placing an Order, the Buyer confirms that:
-he has read the terms of this agreement,
-the terms of this agreement are accepted by the Buyer,
- he fully agrees with the provisions set out in the terms of this agreement and accepts them.
"Delivery Service" – a third-party organization that provides services for the delivery of Goods ordered by the Buyer.
For the purposes of this agreement, terms and definitions in the singular also apply to terms and definitions in the plural and vice versa.
2. General provisions.
2.1. In accordance with Article 437 of the Civil Code of the Russian Federation (hereinafter referred to as -
This document is a public offer addressed to individuals, and if the conditions set out below are accepted, the individual undertakes to pay for the Goods and their delivery on the terms set out in this offer. In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, payment for Goods by the Buyer is an acceptance of the Seller's offer, which is equivalent to the conclusion of a Contract for the purchase and sale of Goods on the terms set out in this offer and on the Website.
2.2. This Agreement may be amended by the Seller without any special notice to the Buyer. The new version of the Agreement comes into force from the moment it is posted on the Website and does not apply to legal relations between the Buyer and the Online Store that arose before the new version of the Agreement entered into, unless otherwise provided for in the new version of the Agreement.
2.3. The Buyer and the Seller guarantee each other that they have the necessary legal capacity, as well as all the rights and powers necessary and sufficient for the conclusion and execution of this offer and the contract for the retail sale of Goods. Each party is responsible for the inaccuracy of the information provided by it.
2.4. All text information and graphic images posted on the website are the property of the Seller and/or its suppliers and manufacturers of the Goods.
2.5. The Online Store and the services provided may be temporarily partially or completely unavailable due to preventive or other work or for any other technical reasons, with or without prior notice to Users.
2.6. The relationship between the Buyer and the Seller are governed by paragraph 2 of Chapter 30 of part two of the Civil code of the Russian Federation from 26.01.1996 № 14 - FZ (in particular article 497), RF Law "On protection of consumer rights" from 07.02.1992 № 2300-1, Rules of sale of goods remotely, approved by the RF Government Decree № 612 dated 27.09.2007 and other legal acts of the Russian Federation.
3. Subject of the agreement.
3.1 The Seller undertakes to transfer the Goods intended for personal, family, home or other use not related to business activities to the property of the Buyer in accordance with the Buyer's Order, and the Buyer undertakes to accept and pay for them in accordance with the procedure and within the terms of the Contract.
3.2. This agreement applies to all types of Goods and services presented on the Site, as long as such offers with a description are available in the Online Store.
3.3. Ownership of the Goods passes to the Buyer upon acceptance of Goods by the Buyer and pay the full cost of the received Product. The risk of accidental loss or damage to the Goods passes to the Buyer from the moment of acceptance of the Goods by the Buyer.
3.4. All information materials presented on the Site are for reference purposes and cannot fully convey reliable information about the properties and characteristics of the Product.
The photos accompanying the Product are simple illustrations to it and may differ from the actual appearance of the Product. The quality of the settings and the features of the User's computer screen may distort the color scheme of the presented Product. The product may have minor differences from the image shown on the Site in color, shape, size, or other parameters. Any Product specifications are subject to change by the Product manufacturer without prior notice.
If the Buyer has any questions regarding the properties and characteristics of the Product, before placing an Order, the Buyer can contact the Seller by e-mail: firstname.lastname@example.org.
4. Making an Order
4.1. The Buyer's order is made exclusively via the Internet, by filling out an electronic form on the Seller's Website.
4.2. By placing an Order, the Buyer agrees that the Seller may entrust the execution of the Contract to a third party, while remaining responsible for its execution to the Buyer.
4.3. In the absence of the ordered Goods in stock Seller shall have the right to exclude the specified Goods from Buyer's Order, notifying the Buyer communication method chosen by the customer as the predominant method of communication. In this case, the Buyer has the right to cancel the Order in full or in part. If you prepay an Order by the Buyer, in case of total or partial cancellation of the Order, the Buyer returns the value of the Goods, which the Buyer refused, the method that was used to pay for the Item.
4.4. The Buyer has the right to change the composition of the Order before sending it to the Courier Service.
4.5. After processing the Order, the Buyer is provided with information about the expected delivery date of the Goods to the Buyer by sending an e-mail message to the address specified by the Buyer in the form when placing the Order.
5. The price of the Order and payment procedure.
5.1. Product price indicated on the website and is determined by the Seller, and the price of service is determined by the delivery Service at its own discretion and are listed on the Website when Ordering.
5.2. The price of the Goods is indicated in rubles of the Russian Federation. VAT is not levied due to the use of the simplified tax system by the online store.
5.3. The Buyer's choice of delivery means the Buyer's consent to the delivery of the Goods on the terms of the Delivery Service. The price for the Product delivery service is determined by the Delivery Service and is specified in the Order separately from the Product price.
The price for delivery services for each Order is calculated individually, based on information about the weight of the Product, the region and the delivery method.
If the Goods have been transferred to the Buyer the fault of the latter, re-delivery may be made if agreed by Seller and buyer of the new delivery date, and provided that the Buyer has paid for the secondary delivery of the Goods.
5.4. When buying goods worth more than 5,000 (Five thousand) rubles-delivery is carried out at the expense of the Seller.
5.5. The total cost of the Order consists of the price of the Goods ordered by the Buyer in the Online Store and the cost of delivery.
5.6. The Buyer pays for the Order in any way chosen in the Online Store when placing the Order.
5.7. Payment of the Order by the Buyer is made by bank transfer or by cash payment to the courier on the terms of 100% prepayment.
5.8. The price of the Goods indicated on the website may be changed by the Seller.
5.9. In case of cancellation of the fully or partially prepaid Order, the cost of the canceled Product is returned by the Seller to the Buyer in the manner in which the Product was paid for.
6. Delivery of the order.
6.1. The total delivery time of the Product consists of the Order processing time and the delivery time.
The order processing period is up to 3 (three) business days from the date of placing the Order.
The delivery time depends on the selected delivery method.
6.2. Delivery of Orders is carried out worldwide in any way available on the Site. The delivery methods are specified on the Website when placing the Order. The territory of delivery of some Goods is limited to the territory of the Russian Federation. In exceptional cases, with the consent of the Seller, it is possible to carry out delivery outside the Russian Federation.
6.3. The Seller will make every effort to comply with the delivery terms specified on the Website, however, delays in delivery are possible due to unforeseen circumstances that occurred through no fault of the Seller.
6.4. In the event of a delay in the delivery of the goods caused by no fault of the Seller, the Seller is not liable to the Buyer.
6.5. Upon delivery, the Goods are delivered to the Buyer or to the person specified as the Recipient. In the absence of the Buyer or the Recipient specified by him at the place of delivery, the Goods are handed over to the person who presented the document confirming the payment of the Order.
6.6. In order to avoid cases of fraud, as well as to fulfill the obligations assumed, when handing over a prepaid Order, the person performing the delivery has the right to request a document certifying the identity of the Recipient.
6.7. Delivery of the Goods is carried out at the address specified by the Buyer when placing an Order on the Website.
6.8. The Seller is not responsible for the payment of taxes and fees on purchases that exist in the Recipient's country. All taxes and fees related to the purchase of the Product and its Delivery to the Buyer are paid by the Buyer.
6.9. When the method of delivery of the Goods by courier/Courier service the time the courier delivers the goods to the Recipient, as all settlements with courier, is limited to 15 minutes to wait after a message by courier to the Recipient about the arrival to the place of delivery.
7. The procedure for returning the Product.
7.1. The Buyer has the right to refuse the ordered Product at any time before receiving it, and after receiving it - within 7 (Seven) days.
7.2. The return of Goods of proper quality is possible if the following conditions are met:
- preserved presentation (original packaging, factory labels, seals);
- the consumer properties of the Product are preserved;
- The product has no traces of use;
- The product must be clean, without traces;
- availability of documents for the Product confirming the purchase of the returned Product.
To return the Goods, you also need an identity document and an application for a refund in the form according to Appendix No. 1 when paying on the website, or according to Appendix No. 2 when paying to the courier, to this agreement.
7.3. If the Goods are returned (partial return of the Goods) of proper quality to the Buyer within 5 (Five) calendar days from the date of receipt of the Goods and the written application (request), the cost of the returned Goods is returned in full.
The return of the Goods of proper quality is carried out at the expense of the Buyer and is organized by him independently.
The Seller does not reimburse the Buyer for the actual cost of taxes and fees paid upon receipt of the Goods, if any.
7.4. The Seller's obligation to return the cost of the Goods/delivery is considered fulfilled at the time of debiting funds from the Seller's current account.
7.5. A product that does not correspond to the product type and quality will be a defective Product and such a Product that cannot ensure the performance of its functional qualities due to the presence of manufacturing defects. The received Product must match the description on the website.
The difference between such qualities as the shape and color of the Product from those stated in the description on the Site is not a malfunction or not the functionality of the Product.
The seller shall not be liable for any defects in the Product or reduce its quality, which arose in consequence of Buyer's breach of the rules of use of the Goods or their storage or of the actions of third parties or force majeure.
The acceptance of the Goods without comment deprive the buyer of right to invoke the incompleteness of the Goods, obvious external damage of the Goods (apparent manufacturing defect), the discrepancy of the Goods actually delivered and / or the accompanying document.
7.6. In case of detection/confirmation of hidden manufacturing defects of the Goods, the Buyer's claim is satisfied and the cost of the Goods is returned to him and the documented expenses incurred by the Buyer for the return shipment (return) are compensated) Goods to the Seller, within 10 (ten) working days after the acceptance of such Goods by the Seller (if there is no dispute between the Seller and the Buyer), or within 10 (ten) working days from the receipt of the conclusion of an independent expert examination of the Goods (if there is a dispute between the Seller and the Buyer), provided that, that the Product was not in use and retained its original appearance. The return request must specify what kind of defect the Product returned by the Buyer contains.
If the independent examination will reveal the hidden defects of the Goods, the Seller shall be obliged within 10 (ten) working days of receipt of the conclusion of the independent examination, to pay to the Buyer the price of the Goods (including the cost of delivery to the Buyer), and documented costs to the consumer for a return shipment (return) of such Goods to the Seller.
7.6. When transferring the Goods, the Buyer must check their appearance and packaging, the quantity of Goods in the Order, completeness, and assortment.
In order to avoid disputes and claims of the Customer to the Seller, the parcel must be opened in the presence of the courier.
If the Order is delivered by Russian Post, the Russian Post is responsible for its safety and the timing of its passage through the territory of the Russian Federation from the moment of delivery of the shipment to the post office. Consideration of complaints about the search for postal items is carried out in accordance with the rules of operation of the Russian Post.
Upon receipt of the Order at the post office, the Buyer must ensure the integrity of the outer packaging of the parcel and the absence of mechanical damage on it. If the above-mentioned defects are found, it is necessary to draw up a damage report together with the post office employee and perform an autopsy and inspection of the Goods, after which all violations are recorded in the act. After verification, the Buyer has the right to take the Product or refuse it.
7.7. Due to the peculiarities of the remote method of sale, the replacement of the Product can be performed only after its return and receipt of the Product by the Seller, as well as the registration of a new Order by the Buyer for a similar Product.
7.8. Due to the peculiarities of the remote method of sale, a refund to the Buyer can be made only after the Seller receives the Goods.
8. Processing of personal data
8.1. The Buyer's personal data is processed in accordance with Federal Law No. 152-FZ of 27.07.2006 "On Personal Data" and Federal Law No. 149-FZ of 27.07.2006 "On Information, Information Technologies and Information Protection".
8.2. Any information provided by the Buyer on the website is confidential.
8.3. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer on the Website.
To place an Order, the Buyer must provide the valid data required to complete the Order. The Buyer is responsible for the validity and/or relevance of the data provided, as well as for incorrect data provided by the Buyer and/or the Buyer's representative.
8.4. The Buyer confirms its agreement that:
- personal data is provided by them voluntarily;
- personal data is transmitted in electronic form via open communication channels of the Internet»;
- personal data is transferred to the Seller for the purposes specified in this agreement and may be transferred to third parties for the same purposes.;
- personal data can be used by the Seller for the purpose of promoting goods and services, by making direct contacts with the Buyer through communication channels;
- personal data may be used by the Seller for the purpose of sending advertising and information to the Buyer via telecommunications networks, including via the Internet, in accordance with Article 18 of the Federal Law "On Advertising" of 13.03.2006.;
- for the purpose of additional protection against fraudulent actions, the personal data specified by the Buyer may be transferred to the bank that performs transactions for the payment of Orders placed on the Site;
- the consent given by the Buyer to the processing of his personal data is indefinite and can be revoked by the Buyer or his legal representative by submitting a written application submitted to the Seller.
8.5. The Buyer has the right to withdraw his consent to the processing of personal data by sending a notification to: email@example.com. If the Buyer receives a notification about the withdrawal of consent to the processing of personal data, the Seller undertakes to delete the Buyer's Account from the Site
8.6. The Seller processes the Buyer's personal data:
to place an Order on the Website;
to fulfill its obligations to the Buyer;
to evaluate and analyze the Site performance;
to determine the winner in promotional events held by the Seller.
8.7. The Seller has the right to send advertising and informational messages to the Buyer, both from the Seller and its partners. If the Buyer does not wish to receive such messages, he must send a notification to:
firstname.lastname@example.org 8.8. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to agents and third parties acting on the basis of a contract with the Seller to fulfill obligations to the Buyer.
8.9. The Seller has the right to use the "cookies" recording technology when providing the Buyer with access to the Site. "Cookies" do not contain confidential information and are not transmitted to third parties.
8.10. The Seller receives information about the IP address of the Buyer of the Site. This information is not used to establish the identity of the visitor and is not transmitted to third parties.