Terms and conditions
Offer
Public offer of the MSNcosmetic online store (hereinafter-the " Agreement")
1. Terms
Customer (User) — a legally capable individual who places Orders and purchases products that are presented on the official website of the MSNcosmetic online store http://msncosmetic.com/, exclusively for personal, family, household and other needs not related to the implementation of business activities. If an Order is placed and/or the Product is purchased by a person under the age of 16, such Order is placed and / or the Product is purchased with the consent of the legal representative.
MSNcosmetic-individual entrepreneur IE Hripko S. N., operator and owner of the site http://msncosmetic.com/, PSRN 316774600349082, legal address: 119634, Moscow, Sculptor Mukhina Str., 7, building 2, flat 56.
The seller is MSNcosmetic, whose product is placed for sale in the online store.
Online store-Website http://msncosmetic.com/, where the Customer can get acquainted with the Products presented, their description and prices for Products, select a specific product, payment method and delivery of the product and place an Order for the selected Product.
Product-cosmetic products under the brand "MSNcosmetic" and presented for sale using the online store, presented for sale in Website.
Order — an appropriately executed and placed Customer Order addressed to the Seller for sale and delivery of the selected product Site of the Product at the address specified by the Client.
Personal account - a software for the Client's interaction with the Site that may contain Customer information, information about Orders (Goods), the Seller and other information provided via the Website, and also provides remote User interaction with the Site, including use of the functionality of the Website through a mobile application available to the Client after the Customer logs in the Website using a username and password.
Account - the user's personal data used to log in to the Site.
Content – information contained in the Site, including, but not limited to, images (photos) Products, texts, logos, trademarks, other results of intellectual activity, hypertext links, fragments thereof, information, and any other objects that MSNcosmetic fully owns.
Terms-means this public offer, the Policy on the processing and protection of personal data, as well as the terms posted in the Product cards and on individual pages of the Site, which are referenced in these Terms.
Site administration – a group of employees of the owner and operator of the site and its proxies, who establish the procedure for using the Site, manage its operation, and monitor the implementation of this Agreement by Users.
Courier service - a third party that provides services for the delivery of Goods to Customers under an agreement with the Seller.
Client database – a database of users registered in the Site, including personal data (personal data) of Clients.
Customer service - services (feedback in the Site) that help the customer to resolve issues related to the use of the Site and the online store.
Shopping cart – a list of Products selected by the Customer in the online store.
Confidential information is information that is restricted to its owner in accordance with the legislation of the Russian Federation.
2. The subject of the agreement
2.1. This User agreement (hereinafter referred to as the " Agreement") - this is a legal agreement between the User and MSNcosmetic, which sets the rules for using the Site. Use of the Site is governed by this Agreement and the policy on the processing and protection of personal data (hereinafter – the "Policy"). The agreement and / or Policy may be changed by the Site Administration at any time without any special notification to the User. The new version of the Agreement and / or Policy comes into force from the moment it is posted in the Internet at the email address specified in this paragraph, unless otherwise provided by the new version of the Agreement and/or Policy.
2.2. By Registering in the Site, the User confirms their full agreement with the terms of this Agreement and the Policy.
2.3. In case of disagreement with any terms of this Agreement and/or Policy the User may not use the Site. If the Site Administration has made any changes to the Agreement and / or the Policy in accordance with paragraph 2.1 of the Agreement, with which the user does not agree, the User must immediately stop using the Site.
2.4. By Registering in the Site, the User confirms that they have the necessary legal capacity and authority to accept this Agreement, are able to fulfill the terms of the Agreement and are liable for violation of the Agreement, including for legal relations arising from the use of the Site.
3. The rights and obligations of the User
3.1. The User undertakes to comply with the terms of this Agreement, the Policy, as well as the provisions of the current legislation of the Russian Federation.
3.2. The user undertakes not to disclose to third parties the login and password specified during registration. If the User has suspicions about the security of his username and password or the possibility of their unauthorized use by third parties, the User undertakes to immediately notify the site Administration by making a request in the Personal account in the "Feedback" section. The User can also change their password in Their personal account at any time.
3.3. The user may leave comments in the Website to provide information about the Goods of the Seller.
4. Rights and obligations of the Site Administration
4.1. MSNcosmetic undertakes to protect the User's registration information in accordance with the provisions of the Policy.
4.2. MSNcosmetic undertakes not to disclose the User's registration information to third parties, except in cases stipulated by this Agreement, the Policy and the current legislation of the Russian Federation.
4.3. The Site Administration does not deal with the consideration and resolution of disputes and conflict situations arising between the Site Users, but reserves the right to block the User's Personal account in case of receiving motivated complaints from other Users about comments left on the Site by this User.
4.4. The Site Administration is not responsible for the User's independent disclosure of their registration information to other Users.
4.5. The Site Administration has the right, but is not obliged to moderate the text, comments and other materials posted by Users in the Site (in case of such placement).
4.6. The website administration has the right to remove any text, photo, User comments without notice or explanation.
4.7. The Site Administration does not give any guarantees, expressed or implied, that the materials published in the Site are useful and interesting.
4.8. The Site Administration uses information about the User's actions in order to improve the Site's performance.
4.9. In case of violation of the terms of this Agreement, the site Administration has the right to suspend or terminate access to the Website and any of its services, and to block the User's Personal account.
4.10. The Site administration reserves the right to impose any restrictions on the use of the Site.
4.11. The Site Administration or MSNcosmetic reserves the right to close, suspend, change the site or its part without prior notice to the User.
5. MSNcosmetic Online store
5.1. General provisions about the Online store
5.1.1. This Section 5. Online store (hereinafter referred to as the "Section") of the agreement regulates the relationship between the Customer and the Seller who owns the online store http://msncosmetic.com/ (hereinafter referred to as "online store"). This section defines the terms and conditions for making purchases at the online store by the Client, establishes the rights and obligations of the parties to the Agreement, as well as the Client's responsibility for violating the terms and conditions of use the online store.
5.1.2 The Online store is owned and operated by the Seller.
5.1.3 The Relationship between the Seller and the Customer is governed by the Section of this Agreement and the current legislation of the Russian Federation.
5.1.4. Section of this Agreement, information about the products displayed in the online shop are the public offer according to article 437 of the civil code.
5.1.5. The Subject of this Section is to provide Customers with online store services for purchasing Goods.
5.1.6. By Ordering Products using the online store, the Customer subscribes to this Agreement and the Policy and is obliged to strictly comply with all the rules and fulfill all the conditions stipulated in the Agreement.
5.1.7. The client undertakes not to use the ordered Goods for business purposes.
5.1.8. The Online store provides Customers with the opportunity to place orders for cosmetic Products sold in the online store.
5.1.9. The Client agrees that all services are provided in accordance with the Agreement, the Policy and other legally binding documents. To place an Order using the online store, the Customer must have a computer or other device connected to the Internet, as well as provide their Personal data in accordance with the Policy. The client independently and at his own expense solves all issues related to the acquisition of Internet access rights, purchase and adjustment of necessary hardware and software products.
5.2. Applicable law
5.2.1. To the relationship between the Client and the Seller, the law of the Russian Federation is applied.
5.2.2. The Seller's Sale of the Product to the Client is regulated:
The civil Code of the Russian Federation, Federal Law No. 2300-1 of 07.02.1992 " on consumer rights protection", The RF Government decree of 27.09.2007 № 612 "On approval of rules of sale of goods in remote way», the resolution of the Government of the Russian Federation of 19.01.1998 N 55 "About approval of Rules of sale of separate kinds of goods, inventory of durable goods, are not subject to the requirement of the buyer about gratuitous granting to him for the period of repair or replacement of similar goods and list of non-food goods of proper quality not subject to return or exchange for similar goods of other size, shape, size, style, color or configuration", the Federal law of 07.08.2001 № 115-FL "On counteraction to legalization (laundering) of incomes obtained in a criminal way and financing of terrorism".
5.3. Conditions of booking
5.3.1. To place an Order, the Customer must register in the Personal account, log in to the online store, or provide their Personal data in the manner specified in the Policy.
5.3.2. The seller is not responsible for the accuracy and correctness of the information provided by the Client during registration.
5.3.3. The Customer is warned that the Seller has the right to delete the Customer's account or suspend the Customer's access to the online store if the Customer violates the terms of this Agreement.
5.4. Order execution and deadlines
5.4.1. The Order can be made by the Customer independently in the online store. Order details are described in the Website.
5.4.2. When Ordering, the Customer must provide information/Personal data specified in the Policy, including:
Full Name of the Customer or Recipient of the Product
Product delivery address;
contact phone number.
The customer undertakes to provide accurate information about the delivery address and contact phone number. If the Customer provides inaccurate and/or erroneous data, the Seller does not guarantee compliance with the terms of execution of the Customer's Order.
5.4.3. Delivery times to the cities of Russia is available to the Customer in the Website under "delivery". In accordance with the specified delivery dates when placing an Order, after the Order is received in the destination city, the customer will be contacted by the delivery service operator to agree on the delivery date and interval.
5.4.4. The Customer has the opportunity to place the selected Products in the Order within 24 hours from the moment of placing them in the Basket. After 24 hours, the Product is removed from the shopping Cart automatically.
5.4.5. The Final terms of receipt of the Goods by the Customer depend on the address and region of delivery, the delivery Service, and do not directly depend on the Seller.
5.4.6. If the ordered Goods are not available in the Seller's warehouse, including for reasons beyond the Seller's control, the Seller has the right to cancel the specified Product from the Customer's Order and notify the Customer thereof by sending an email to the address specified during registration.
5.5. Shipping
5.5.1. The Methods of delivery of goods are specified in the Site in the "delivery" section.
5.5.2. Delivery area is limited to the territory of the Russian Federation.
5.5.3. The Seller will make every effort to comply with the delivery terms specified in the Website, however delays in delivery are possible due to unforeseen circumstances that occurred through no fault of the Seller.
5.5.4. The Risk of accidental loss or accidental damage of the Product passes to the Customer from the moment the Product is handed over to him and the recipient of the Product signs the documents confirming the delivery of the Product. In case of non-delivery of the Goods, the Seller reimburses the Customer for the cost of the goods prepaid by the Customer and delivery after receiving confirmation of the loss of the Goods from the delivery Service.
5.5.5. The cost of delivery for each Order is calculated individually, based on the delivery region, and is indicated during the Order registration process and in its final cost in the Site.
5.5.6. Upon delivery the Goods are handed over to the Client or any person at the delivery address specified in the Order and are ready to provide Order information (the number and/or name of Client) (hereinafter – the "Recipient").
5.5.7. To avoid fraud, and to perform the obligations in paragraph 5.5.6., with the presentation of prepaid products the person performing the delivery of the Goods shall be entitled to request the identity document of the Customer or the Recipient, and specify the type and number of the document on the receipt of the Product to the Order. The seller guarantees the confidentiality and protection of the Client's and recipient's personal information, subject to the Client's compliance with the terms of this Agreement and/or the Policy.
5.5.8. Upon receipt of the Goods the Customer/The recipient must check the appearance and packaging of the Product, the quantity of the Product in the Order, completeness and assortment. It is forbidden to open the packaging of the Product itself before signing the document presented by a representative of the courier delivery service when the Customer receives the Product.
5.5.9. Client/The recipient undertakes to accept the entire Product corresponding to the Order, or refuse to accept it completely. Partial return of the Product upon receipt to the person delivering the Product is not possible.
5.5.10. The Seller's Obligation to deliver the Goods to the Customer is considered fulfilled when the Customer signs a document presented by a representative of the courier delivery service upon receipt of the Goods by the Customer.
5.5.11. Time limits set by the Seller for the Customer to receive the Product/By the recipient, limited and specified when placing the Order at the stage of registration of delivery.
5.5.12. Failure to Receive the Goods within the terms specified in clause 5.5.11 of the Agreement is considered a refusal of the Client/The recipient of the purchase and sale agreement and is the basis for cancellation of The order by the Seller. If the non-received Product was prepaid, the funds are returned to the Customer in accordance with clause 5.7.3.1 of the Agreement.
5.5.13. The Client understands and agrees that trial samples, miniatures, as well as full-size versions of perfumes and cosmetics and accessories, are advertising materials for the purpose of familiarizing Customers with the properties and characteristics of the Product.
5.6. Payment For The Product
5.6.1. The price of the Goods specified in the online shop. If the price of the Product ordered by the Customer is incorrect, the Seller informs the Customer as soon as possible to confirm The order at the corrected price, or cancel the Order. If it is impossible to contact the Customer, this Order is considered cancelled.
5.6.2. The price of the Product may be changed by the Seller unilaterally. The Product price is indicated at the last stage of placing the Order and is valid at the time the Customer clicks the "Confirm order" button. However, the price of the Product ordered by the Customer is not subject to change.
5.6.3. The methods of payment specified on the Website in section "Payment".
5.6.4. Features of payment for Goods using Bank cards.
5.6.4.1.In accordance with the regulation of the Central Bank of the Russian Federation "on the issue of Bank cards and on transactions made using payment cards" dated 24.12.2004 No. 266-P, Bank card transactions are performed by the cardholder or an authorized person.
5.6.4.2. Payment using credit cards listed in the Website.
5.6.4.3. Bank card transactions are Authorized by the Bank that issued the Client's Bank card. If the Bank has reason to believe that the transaction is fraudulent, the Bank has the right to refuse to perform this operation. Fraudulent transactions with Bank cards fall under the article 159 of the criminal code of the Russian Federation.
5.6.4.4. In order to avoid cases of various types of misuse of Bank cards when paying, all Orders placed in the Site and prepaid by Bank card are checked by the Seller. The seller reserves the right to cancel the Order without giving a reason. The cost of the Order is refunded to the Bank card that was used for prepayment of the Order.
5.7. The Return Of The Goods
5.7.1. Return of goods of proper quality.
5.7.1.1. According to the decree of the Government of the Russian Federation of January 19, 1998 N55 perfumes and cosmetics of proper quality are not subject to return and exchange.
5.7.2. Return of goods of improper quality.
5.7.2.1. Goods of improper quality are considered to be goods in damaged, crumpled packaging, with smudges.
A product without packaging is considered to be of poor quality if the packaging is broken, chipped, damaged, leaking, sediment, altered color and structure of the product, or if more than 1/3 of the product is missing from the jar.
5.7.2.2. The Client in case of detection in the Goods of shortcomings, if they have not been stipulated by the Seller at his option shall be entitled:
refuse to perform the contract of sale and demand a refund of the amount paid for the product at the request of the seller and at His expense, the Customer must return the product with defects.
5.7.2.3. The exercise of the rights specified in section 5.7.2.2. of the Agreement the Client is obliged to return the goods to the courier upon receipt, filling out the appropriate fields in the invoice, or send the Seller an electronic application for a refund of the Goods (hereinafter – the Application) must indicate the order number, name and contact of the client, and also a detailed description of the reason for the return.
5.7.2.4.Within 5 business days of receiving the Application, the Seller reviews the Application and contacts the Customer to clarify the procedure for returning the Goods or sends the Customer a letter of refusal to return the Goods.
5.7.2.5. When returning the Product, the Customer must return the Product itself and the accompanying documents to the Order.
5.7.2.6. If the Customer refuses the purchase and sale agreement and demands a refund of the amount paid for the Product, the cost of the Product shall be refunded to the Customer within 10 days from the date of receipt by the Seller of the Product and the customer's written Application.
5.7.2.7. In case if the Customer returned the Goods, according to the results of the examination will be recognized as of good quality, the seller reserves the right not to exchange the Product, provided a return Client funds paid for the Goods, with the exception of expenditure incurred on delivery of Goods to customers.
5.7.3. Refund of funds.
5.7.3.1. Funds are subject to refund in the following ways:
when paying for an Order in cash, the funds can only be returned to the Bank account specified by the Customer in the application for a refund;
when paying for an Order using a Bank card, funds can only be returned to the account of the Bank card used to make the payment;
5.7.4. Procedure for actions in case of violation by the Seller of the assortment condition (re-export).
5.7.4.1.If the Product is transferred in violation of the assortment clause, the rules of article 468 of the civil code of the Russian Federation do not apply.
5.7.5. Procedure for actions in case of violation by the Seller of the quantity condition.
5.7.5.1. Upon receipt of the Product by Order, the Customer is obliged to check the number of Products in the Order. If the Customer finds discrepancies in the quantity of Goods in the Order when receiving the Goods, the Customer is obliged to draw up a certificate of non-compliance and a certificate of refund in the presence of a representative of the Seller or carrier.
5.7.5.2. If the Customer violates clause 5.7.5.1 of the Act, the Seller has the right to refuse to satisfy the customer's claims for the quantity of the transferred Goods.
5.7.6. Detailed information about the procedure for submitting quality claims, as well as a list of documents required for making a refund, is available on the Website in the "Contacts"section.
5.7.7. The Seller is not responsible for any damage caused to the Customer as a result of improper use of Goods ordered in the Site.
5.7.9. The Seller may assign or otherwise transfer its rights and obligations arising from its relationship with the Customer to third parties.
6.Security
6.1. Access to change the registration information, personal data of the User are protected by a password.
6.2. MSNcosmetic is not responsible for illegal actions committed in the Site on behalf of the User and under his username and/or password, in case of disclosure of the User's password through his fault.
6.3. Msncosmetic guarantees that the User's username and/or password cannot be disclosed through the Site, provided that the User complies with the terms of this Agreement and the Policy.
7. Advertising campaigns
7.1. The Client in accordance with part 1 of article 18 of the Federal Law "on advertising", agrees to receive advertising messages from MSNcosmetic in respect of each person specified below, as established by the Federal Law "on protection of competition".
7.2. MSNcosmetic has the right to make direct contacts with the Client, including by sending advertising correspondence to the email address specified by the Client, making telephone calls, sending sms messages, messages via Internet messengers, push notifications, as well as sending advertising emails to the email address specified by the Client.
7.3. The client may opt out of receiving newsletters, receiving promotional and other information without explanation one of the following methods:
Select or unsubscribe from the mailing list in your account settings in Website.
Contact MSNcosmetic customer Service by sending an email to sale@msn-cosmetic.ru or by calling +7 (499) 110-47-25.
8. Other
8.1.lf the User has any questions or claims, they should contact the Site Administration by phone or via the feedback form in the Site. The parties will try to resolve all disputes that arise through negotiations. If an agreement is not reached, the dispute will be referred to the court in accordance with the current legislation of the Russian Federation at the location of MSNcosmetic.
8.2. MSNcosmetic reserves the right to change/supplement this Agreement unilaterally at any time without any special notification to the User. Changes/additions come into force after 24 (twenty-four) hours from the date of posting the new version of the Agreement in the site. The user undertakes to regularly check the terms of this Agreement for changes and / or additions.
8.3. This Agreement comes into force from the moment the User expresses their consent to its terms by performing certain actions: registering in the Site, including in the Personal account, placing an order for Goods in the Site and/or providing their Personal data in accordance with the terms of this Agreement and/or the Policy. The user must carefully read all the provisions of this Agreement and / or the Policy.
8.4. The User acknowledges that MSNcosmetic owns in full all rights to the Site as a single object, including its Content and all other components. Thus, the User understands and acknowledges that the Site and / or Content may not be used by the User in any way without obtaining the prior written consent of MSNcosmetic. However, if such a request is received from the User to use MSNcosmetic may refuse such use.
8.5. The Policy is an integral part of this Agreement. However, in terms of processing and protecting Personal data, the terms of the Policy will take precedence over the terms of this Agreement.
8.6. The Terms of this Agreement shall remain in force after the termination of this Agreement.
8.7.If the Site Administration or MSNcosmetic at any time does not require the User to comply with any of the terms of this Agreement, this does not cancel the right of the Site Administration and/or MSNcosmetic to Request such compliance later, as well as to take measures aimed at the User's compliance with the terms of this Agreement.
8.8. Nothing in this Agreement restricts the right of the Site Administration, or MSNcosmetic, the User to enter into similar agreements with any other person.
8.9. Invalidation of one of the terms or provisions of this Agreement does not constitute grounds for invalidation of any other terms or provisions of the Agreement.
8.10. The user agrees that in case of disputes, they are subject to resolution in accordance with the current legislation of the Russian Federation.
8.11. The Site administration reserves the right to make any amendment to this Agreement.