THE PUBLIC OFFER OF THE ONLINE STORE BAZILIKA
Customer – any capable person, who places orders and purchases products from IP Kuzmin R.A., which are presented on the websites: https://thebazilika.com, https://en.thebazilika.com, https://us.thebazilika.com for Customer's personal, household and other needs not related to business activities.
Seller – IP Kuzmin R.A., owner and operator of the websites https://thebazilika.com, https://en.thebazilika.com, https://us.thebazilika.com, incorporated under the laws of the Russian Federation, OGRN 316774600147418
Site – the website of the Seller including online-store, hosted at https://thebazilika.com, https://en.thebazilika.com, https://us.thebazilika.com.
Product (good) – an object (a piece of clothing, accessory or other material value), submitted for sale on the Site.
Order – the order duly placed by the Customer (i.e. all fields required in the sections "Shopping Bag" and "Order check-out" are filled), addressed to the Seller for sale and delivery of the selected goods to the address specified by the Customer.
1. GENERAL CONDITIONS
1.1. The Site is owned and operated by IP Kuzmin R.A.
1.2. This Offer complies with Article 435 and Provision 2 of Article 437 of the Civil Code of the Russian Federation.
1.3. When ordering the goods via the Site, the Customer unconditionally agrees to the Terms and Conditions of sale of goods (“Terms and Conditions”) stated below.
1.4. The selling of goods to the Customer is regulated by The Federal Law №2300-1 from the 7th February 1992 “On Protection of Consumer rights”, Government Decree №612 from 27.09.2007 "On approval of the rules of the distant sale of goods", the Decree of the Government of the Russian Federation dated January 19, 1998 № 55 "On approval of sales of certain types of goods, the list of durable goods, which are not covered by the requirement of the Customer on gratuitous granting him on the period of repair or replacement of similar goods of the list of nonfood goods of good quality that cannot be returned or exchanged for similar goods of other size , shape, dimensions, style, color or configuration".
1.5. The Seller has the right without any notice to change these Terms and Conditions. Changes to the Terms come into effect upon publishing them on the website and shall apply to any orders made after publication.
1.6. By placing the Order on the website, the Customer accepts this Offer’s conditions without any exception and/or clauses.
1.7. All text information and goods graphic presentation placed on the website are the property of the Seller or its partner. Viewing the information or printing the pages of the website is allowed for personal use only.
1.8. Site is designed for internet sales.
1.9. By registering in the site, the customer assumes the obligation to use the correct services and site services, as well as in the case of an order payment obligations and acceptance. The Seller, in turn, undertakes to fulfill its commitments on the provision of services, and services, as well as the delivery and transfer of ownership of the Customer paid for the goods on the terms of this Agreement.
1.10. The Customer undertakes to comply with the product care rules.
1.11 For general questions, the Customer contacts by e-mail: email@example.com. For questions about the return and exchange, the Customer contacts by e-mail: firstname.lastname@example.org and by phone +7 (800) 707-33-76 from Monday to Friday from 9 to 18 hours Moscow time. Alternative methods of communication between the Seller and the Customer are not provided.
2. INFORMATION ABOUT GOODS AND PRICE POLICY
2.1. All the information about the goods is placed on the website and is provided by the Seller.
2.2. The Customer must take into account the possibility of a slight difference of the real color of the goods from the color on the screen for the following reasons: the screen of each device is individual, the color rendition, quality, brightness and other parameters are different, including those set by the Customer for the personal convenience to view information.
2.3. When placing an order, the Customer must take into account: for knitted products from natural yarn, various inclusions cannot be considered as a manufacturing defect. Various technological features of the manufacture of knitted products, which can be on the inside of the product, cannot be considered as a manufacturing defect.
2.4. When placing an order, the Customer must take into account: pilling of yarn or fabric is a technical feature of the material and cannot be considered as a manufacturing defect. The Customer removes the pills formed in the process of wearing garments with a special machine by himself.
2.5. For knitted products, insignificant error in the length and width of the product is allowed due to the specifics of the technological process.
2.6. The Seller indicates the composition of the product in the product description on the website and does not have any responsibility for the choice of the Customer, which may lead to allergic reactions.
2.7. The price for each item of the goods is indicated on the website of the online store in Russian rubles. The website also lists prices in dollars and euro. These prices are indicative and depend on the exchange rate on the day of purchase and on the exchange rate of the Customers bank. For an accurate calculation of the purchase price, the Customer must himself convert the price in rubles indicated on the site into local currency.
2.8. For countries: Unites States of America, Australia, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Ukraine, Russian Federation: the сost of products on the website includes the cost of customs duties and taxes.
For other countries, the cost of products on the website does not include the cost of customs duties and taxes.
2.9. The Seller has the right to change the price without prior notice on the products. However, the Seller has no right to change the price of the ordered goods in the sales order after the order has been received by Seller.
3.1. The Customer agrees to provide the following information while ordering:
3.1.1. surname, name and middle name of the Customer or the person specified by him (the recipient)
3.1.2. delivery address (If delivery address is a Customer address)
3.1.4. phone number
3.2. The Name of the item, quantity, range, article, price of the goods specified in the "shopping bag" of the Customer, registered on the website.
3.3. If Seller needs more information, he may request it from the Customer. In case of not providing the information required by the Customer, the Seller is not responsible for the selected goods.
3.4. The Seller is not responsible for non-execution of the Order (or the delay in execution) due to inaccurate or incorrect information provided by the Customer.
4.1. The Order is placed on the website by the Customer.
4.2. The Customer can order goods through the website 24 hours a day.
4.3. While placing an order independently, the Customer agrees to transfer his personal information to the Seller and agrees on its processing by the Seller (as provided by the Section 11 of the offer) as well as processing the information concerning the Order or the Orders. The Customer agrees to respect the Terms of sale of goods by filling in the fields in the corresponding columns when placing the Order on the website.
4.4. The Seller is not responsible for the incorrect information provided by the Customer when ordering.
4.5. The Customer is responsible for the accurate information provided when ordering.
4.6. The Seller is not responsible for the wrong choice of the characteristics of the goods or modifications ordered in the shop by the Customer.
4.7. Contract of purchase between the Seller and the Customer is deemed to be concluded from the date of issuing a payment receipt or other document confirming the payment of the goods by the Seller to the Customer.
5. ORDER ACCEPTANCE
5.1. Once the Order is checked-out, the Customer receives the information (to the specified e-mail) concerning the details of his Order, including the price of the goods, delivery fees, and other services fees (if these services are need to be paid) from e-mail: email@example.com.
5.2. Orders placed on working days from Monday to Friday from 09:00 to 18:00 Moscow time are processed within 24 hours. Orders placed on weekends and holidays will be processed on the first business day after weekend or holiday.
5.3. The Order is considered as accepted for the execution after the Customer receives an e-mail message on the e-mail address, specified in the registration form, confirming the acceptance of the Order and/or after the message, indicating the number of the Order, appears on the website page.
5.4. The Seller reserves the right to cancel the Customer's Order at the stage of the Order confirmation.
5.5. The Seller reserves the right to settle the Order details with the Customer by e-mail. In case of impossibility to contact the Customer within 3 (three) business days, the Order is cancelled. If the Customer has already prepaid the order, the Seller must return the money using the bank details from which the payment was made.
5.6. Once the Order is checked-out, the Customer receives information concerning the availability of ordered goods in Seller’s warehouse.
5.7. In case of absence of the ordered goods in Seller’s warehouse, the Seller shall contact the Customer by methods specified in the Order. The Customer informs the Seller either on consent to accept the goods in the amount available in Seller’s warehouse, or on cancelling the missing goods from the Order. In case of impossibility to contact the Customer or no non-receipt of the answer from the Customer within Two (2) business days from the date of notification made by the Customer, the Order shall be canceled by the Seller in full measure, about this fact the Seller shall inform the Customer by sending an e-mail to the address provided during registration. If the Customer is made a prepayment, the monetary funds shall be returned by the Seller to the bank details from which the payment was made.
5.8. If the goods are in stock, the package will be sent to the Customer within 1-2 business days. If the Customer has place a pre-order for the goods, the package will be dispatched within 1-2 business days from the moment the goods arrive at the warehouse. The date of arrival of the goods at the warehouse is indicated in the conditions of pre-order in the description of the goods. If the Customer has placed an order for several goods, where at least one of the items is on preorder, then the parcel will be sent to the Customer when the pre-ordered goods arrives at the warehouse.
6. TERMS OF PAYMENT
6.1. The prices of the goods do not include customs duties and taxes.
6.2. The Seller has the right to change the price of the goods without prior notice. However, the Seller has no right to change the price of the ordered goods in the Customer's Order after the Order has been accepted by the Seller in accordance with clause 5.3. of these Terms.
6.3. The price of the goods is paid in Russian rubles.
6.4. We accept the following payment methods:
- by bank card - all payments are processed by Sberbank and are fully protected;
- by the Customer's PayPal account (except Russian Federation);
6.5. When paying for the order by bank card, the Customer undertakes - if requested by the Seller - to provide a copy of two pages of the bank card holder's passport - with a photo and a copy of the bank card on both sides (indicating the last four digits) in accordance with the rules of international payment systems in order to verify the identity of the owner and his rights to use the card.
6.6. The Seller reserves the right to cancel the Order paid by bank card without explaining the reasons, in particular if the Customer refuses to provide the necessary information provided for by the conditions of clause 6.5 (by e-mail in the form of scanned copies), including if there are doubts about their authenticity, within 14 calendar days from the date of ordering. The cost of the order will be refunded to the cardholder.
7. EXECUTION OF THE ORDER AND ITS DELIVERY
7.1. The delivery address is indicated when ordering the goods. The Seller is not responsible for incorrect delivery / order conditions if the Customer has provided incorrect information.
7.2. Terms of delivery of an Order include order processing and delivery time.
7.3. The Seller delivers orders by DHL courier service and EMS courier service (EMS courier service is used only for Ukraine). Delivery terms are specified in the "Shipping" section on the Seller’s website. The Customer is obliged to accept the Order within the agreed delivery time.
7.4. The delivered goods are transferred to the Customer.
7.5. In order to avoid fraud, the courier service has the right to ask the Customer for an identification document, order number, item number and tracking number. We guarantee the confidentiality and protection of the recipient's personal data.
7.6. In case of any questions or claims regarding to delivery of the parcel in the destination country, the Customer contacts with the local DHL or EMS office (EMS office is only for Ukraine) and by himself resolves all issues related to receiving the parcel.
7.7. The Customer checks the order upon the delivery for visible signs of damage. If there are any visible signs of damage, the Customer contacts with the local DHL or EMS office (EMS office is only for Ukraine) and by himself regulates issues related to damage during delivery.
7.8. If the order was lost during delivery due to an error of the delivery service, the customer will receive a full refund of the order and delivery costs after a letter confirming that the package is missing is received from the courier service.
7.9. Goods information is described in the technical documentation attached to the goods on labels, markings or other means for specific types of goods.
7.10. The website contains approximate delivery times. The Seller is not responsible for any delays caused by customs clearance or unforeseen circumstances that occurred through no fault of the Seller and that could not have been foreseen.
7.11. The Customer has the right to refuse all ordered goods or individual items (if the Order has not been submitted for delivery to the courier service) at any time before it is handed over to the courier service (before the signing of the shipping documents). After transferring the order to the courier service, the Customer cannot cancel the order. The Customer undertakes to accept the parcel.
7.12. Payment of any duty and import tax is the responsibility of the recipient. These charges are included in the total at checkout for countries: Unites States of America, Australia, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Ukraine, Russian Federation.
Duty and import tax charges are not included in the total at checkout for countries are not listed above. They are determined by the customs in the destination country and beyond Sellers control.
7.13. The package is sent with an official commercial invoice.
7.14. In case of late receipt of the order, DHL office can charge an additional fee for each day of overdue storage, which will be paid by the Customer.
8. EXCHANGE, RETURN AND ORDER CANCELLATION
Exchange and return of the goods of proper quality products are possible at any time before the parcel is handed over to the courier service (before the signing of the shipping documents) and within 14 calendar days after initial delivery of goods. Returns and exchanges on merchandise are requested within 10 calendar days of initial receiving date with special form on website.
Exchange and return of the goods of proper quality are made only if the specified goods were not in use, kept their marketable state, consumer properties, seals, manufactory labels and original packaging. In case of arising of a dispute on causes of the defects or the fact of use of the goods and preservation of its marketable state, an independent examination of the goods must be conducted. The Customer is not entitled to refuse the good of proper quality with its individual characteristics if the specified good may be used only by the Customer who purchased these good.
8.1. Order cancellation
In case the Customer does not receive the parcel within 10 calendar days after the parcel arrives at the Customer's order destination and does not respond to the Seller's letters within 10 calendar days after the parcel arrives at the Customer's order destination, the parcel will be disposed by the courier service and no any refund will be issued.
To exchange goods, the Customer must return the product to the Seller in accordance with a return politics of the Seller and place a new order on the website.
8.3.1. To register a return, the Customer must fill out the form on the website in the Return section, no later than 10 calendar days from the date of receipt of the original parcel.
8.3.2. The Seller will not make a return in the following cases:
- If the Customer did not fill out an application form for the return of the goods in the "Return" section on the Seller's website;
- If the Customer did not receive the permission to make a return with the return instructions from the Seller;
- If the returned goods have traces of wearing, mechanical damage of the goods;
- In case of absence of factory labels, seals with the return goods;
- In case of presence of outsiders smells, traces of cosmetics on the return goods;
- If the Customer broke at least one of the conditions of the Seller's instructions for returning the parcel, which are sent from the e-mail: firstname.lastname@example.org to the Customer as a response letter to the received return form from the Customer.
8.3.3. The return package must send by the Customer no later than 14 calendar days from the date of receipt of the original package. If the return package is sent after 14 calendar days from the receipt of the initial parcel, the re-import procedure will be impossible and we will be unable to make a refund and the parcel will be return to the Customer.
8.3.4. In case of non-execution by the Customer any aspects of the return instructions received from the Seller, the Seller will not be able to accept the return parcel and it will be automatically returned to the Customer.
8.3.5. Customs duties and sales taxes, shipping costs are not refundable.
8.3.6. The return of proper quality goods is carried out by the Customer with the points execution of the instructions are sent by e-mail: email@example.com as a response letter to the received return form from the Customer.
- for Сustomers from Moscow and the Moscow Region, the return of proper quality goods is carried out through the Seller's service with DHL delivery courier service or by the Customer with using any delivery service with the type of delivery "to-door";
- for Сustomers from other regions of the Russian Federation, Republics: Belarus, Armenia, Kazakhstan, Kyrgyzstan, the return of proper quality goods is carried out by the Customer with using any delivery service with the type of delivery "to-door ";
- for Сustomers from Ukraine, the return of proper quality goods is carried out by the Customer exclusively by the EMS delivery service with the type of delivery "to-door;
- for Сustomers from other countries, the return of proper quality goods is carried out through the Seller's service with DHL delivery courier service or by the Customer with using any delivery service, except for DHL, Fedex, UPS with the type of delivery "to-door";
8.3.7. According to the Russian legislation and customs regulations, return parcels are subjected to customs duties by Russian customs. Except countries: Russia, Belarus, Kazakhstan, Armenia, Kyrgyzstan.
The amount of customs duties required to pay by the Customer depends on the total value of the returned goods.
- if the total value of the returned goods is less than 150 euro, the parcel is not subjected to customs duties and fees;
- if the total value of the returned goods is from 150 euro to 1000 euro, the parcel is subjected to customs duties and fees by 30% of the cost of sending goods + 85 euro for customs clearance services.
- if the total value of the of the returned goods is more than 1000 euro, the parcel is subjected to customs duties and fees by 30% of the cost of sending goods + 240 euro for customs clearance services.
There are no any customs duties and fees for countries: Russia, Belarus, Kazakhstan, Armenia, Kyrgyzstan.
8.3.8. The Customer can return the goods using the courier service with door-to-door delivery, sending the returned goods to the address indicated in the letter from the e-mail address firstname.lastname@example.org after processing the return request.
The Сustomer undertakes to send the parcel with a tracking number and provide the Seller with a tracking option certainly in case of the return the parcel by himself.
8.3.9. For the return of the parcel, except for the return of the parcel from Russia, the Customer will need to fill out an invoice and shipment document from the courier service and hand it over to the courier with the return parcel. Seller and courier service send a samples of invoice and shipment document to the Customer e-mail. In case of absence of an invoice or the shipment document, the parcel will be returned to the Customer, and the Seller will not be able to influence it in any way.
8.3.10. If the Customer sends the return parcel by himself and it is detained by customs, the Seller will not be able to carry out customs clearance and the parcel will be returned to the Customer.
8.3.11. The Customer is solely responsible for delivery of the return parcel. In case of loss or damage of the return parcel, the Seller will not able to make a money refund for the parcel.
8.3.12. To return the good of proper quality (including by the reason of its exchange), the Customer agrees to pack the goods carefully (together with all accessories and a full set of accessories, specified in the technical documentation of the good).
8.3.13. The Customer undertakes to send the return package in a box and protective bag to avoid damage.
8.3.14. The Customer is solely responsible for return shipping and shipping charges. In case of loss or damage to the parcel, no refund will be issued.
8.3.15. The Seller is not responsible for shipping loss or damage of returned goods.
8.3.16. In case of breaking for any one of the conditions for return the products by the Customer, the return package will be returned to the Customer.
8.3.17. Here are the goods of proper quality, which may not be returned or exchanged for similar goods of other sizes, shapes, dimensions, style, color or configuration:
- Lingerie and hosiery;
- Personalized items.
8.3.18. Refunds are made only after receipt and verification of the returned goods from the Customer, provided that the return policy has been followed.
8.3.19. In case of arising of a dispute on the fact of use of the goods and preservation of its marketable state, an independent examination of the goods must be conducted.
9. RETURNS OF THE GOODS OF INADEQUATE QUALITY
9.1. A good of inadequate quality is a good that has defects and cannot provide its functional qualities. The difference between the elements of design or decoration from those stated in the description on the website is not a malfunction or a goods non-functionality.
9.2. To return goods of inadequate quality, the Customer will need:
- send a scanned claim with the Customer's signature and photos with defects to the Seller's e-mail: email@example.com.
- In case of impossibility to determine the production defect from the photo, the Customer makes an independent examination or sends the product to the Seller for making an independent examination for the production defect.
- In case of the conclusion of an independent examination for the presence of a manufacturing defect, the Seller will exchange the goods or make a full money refund, including transport costs and the costs for the independent examination.
- In case of the conclusion of an independent examination that there is no manufacturing defect or the conclusion that the defect was caused by improper using or breaking care rules by the Customer, the return will be impossible and all the costs for the independent examination will be paid by the Customer.
9.3. If the delivered Order proved to be of inadequate quality due to manufacturing defects or damage in transit, the Customer has the right to return or exchange it for a similar goods of good quality, provided that it is available in warehouse.
10.1. The Seller returns the money to the Customer after receiving and inspecting the returned item in accordance with the return policy within 3 business days. The term for crediting funds to the Customer's account depends on the terms established by the internal rules of the receiving bank.
10.2. The Seller does not affect and is not responsible for the timing of crediting funds.
10.3. Refunds are made only to the same bank card or PayPal account from which the order was paid.
10.4. The Seller makes a full refund to the Customer excluding initial shipping costs and customs fees. The amount of refund may vary depending on the currency exchange rate on the day of the purchase and refund.
11. CONFIDENTIALITY AND CUSTOMER PERSONAL DATA PROTECTION
11.1. During registration on the website or the transfer of your data to our specialist by phone, the Customer provides Individual entrepreneur Kuzmin Roman Anatolievich with the following information: First name, Last name, e-mail address, gender, date of birth, phone number and address for goods delivery. In case of return of the goods, the Customer shall provide the Seller with the passport data and the details of a bank card. The Seller may use this information for execution of its obligations to the Customer. The Seller recognizes the importance of confidentiality of personal information, provided by the Customer.
By providing his personal information to the Seller, the Customer agrees on their processing by the Seller, including for execution of the Seller's obligations to the Customer within the conditions of this offer, for promotion of goods and services by means of sending of advertising information mailings, for realization of electronic and sms-polls, competitions and other promotion actions among the Customers, analysis of the results of marketing actions, customer support, statistical research, organization of the Order delivery, monitoring of Customers’ satisfaction with quality of services provided by the Seller.
People visiting our website, as well as our Customers, agree that in order to fulfill the obligations to the Customer, as well as to undertake the market research, to form the analysis reports and other marketing activities, the Seller can disclose the Customer's personal data (including date of birth, e-mail address, social network accounts, purchase history, interests records etc.) to third parties in accordance with the Agreement signed with third parties, under condition of respecting the data protection (privacy) law of the Russian Federation.
The processing of personal data means any action, committed with or without the use of automation tools with personal data, including gathering, recording, systematization, accumulation, storage, specification (update, modification), extraction, use, transfer (including transfer to the third parties, not excluding cross-border data transmission, if the need in such transmission has arisen in the course of fulfilling the obligations to the Customer), depersonalization, blocking, deletion and erasure of personal data.
The Seller has the right to process personal data, including by sending to the Customer the correspondence of advertising character to the specified mailing addresses, by means of phone calls or sending sms-messages and messages through the internet messaging systems, and also by sending e-mails of advertising character to the email addresses, specified by the Customers.
The Customer may refuse to receive the newsletters, advertising, and other information without giving any reason by any of the following ways:
The Customer shall contact the Customer Care service by sending an e-mail message to the e-mail address: firstname.lastname@example.org or by contacting the specialists of the Customer Care service by phone +7 (800) 707-33-76.
11.2. The Seller must not disclose any information received from the Customer. However, if the information was conveyed to the Seller's agents and the third parties, acting on the basis of an agreement with the Seller, is not considered as a violation, as this may be done in order to fulfill the Seller's obligations to the Customer.
11.4. The Seller has the right to record the telephone conversations with the Customer. At that, the Seller undertakes to: prevent unauthorized access to the information obtained in the course of telephone conversations, and/or transfer of such information to the third parties, which are not directly related to the execution of the Orders, in accordance with the paragraph 4 of the Article 16 of the Federal Law "On Information, Information Technologies and Information Protection».
11.5. The Customer gives permission to use self photos posted on the website https://www.instagram.com with the mark of the Seller's account @thebazilika for further use of these photos on the Seller's website and in the Seller's account @thebazilika at https://www.instagram.com/thebazilika/.
12. OTHER CONDITIONS
12.1. The relations between the Customer and the Seller are governed by the law of the Russian Federation.
12.2. For any questions, please contact the Customer Care service: - by telephone: +7 (800) 707 33 76, Monday to Friday, 9 am – 6 pm - Or by e-mail: email@example.com.