on terms of e—commerce sale in online store https://grungejohn.com
1. TERMS AND CONDITIONS
1.1. Seller — Grunge Company Limited located at 25 Nikitskiy boulevard, Moscow, 119019, Russia and engaged in the remote trade on website.
1.2. Website visitor — person on website educating provided information.
1.3. Consumer — person ordering goods with conclusion of the online store sales contract and purchasingthe goods strictly for personal use.
1.4. Website — the set of available for viewing electronic data on grungejohn.com domain.
1.5. Online store — Seller’s e-commerce Website by which the Seller carries out his e-commerce activity —sale of products corresponding the sales contract. It is concludedaccording to consumer’s familiarization with goods description, photo or any information via Website.
1.6. Goods — available on the Website clothes, footwear, accessories or any other types of product.
1.7. Order — placed on the Website the consumer’s correct request to deliver the Goods to specified address or take it out from seller’s sale point.
1.8. Delivery service — third party providing delivery services to the Consumer according to agreement with the Seller.
1.9. Acception — full and unconditional adoption of the present agreement by the Consumer.
2. GENERAL CONDITIONS
2.1. The Website is owned by Seller and administrated by the Seller’s staff members.
2.2. Present offer as well as information about goods presented on the Website is public offer according to Russian law.
2.3. Present offer establishes procedures to sale through the Website and governs the relations between the Seller and the Consumer during distance sale andservice delivery procedure.
2.4. An offer shall be accepted when the Consumer has clicked the button «complete order» at checkout list.
2.5. Making an acceptance the Consumer is fully aware of purchasing and acting on the Website (or has the permission from his/hertrustees) and the Seller is entitled to request the proof of thispermission anytime.
2.6. Relations between Customer and the the Seller are governed by Russian law.
2.7. Please, note that this Website is for informational purposes only and information materials and prices provided on the Website are not the public offer. For more details contact the Seller. The Seller reserves the right to update or remove this data without notice the Customer anytime. The Consumer undertakes to monitor the changes on his or her own.
2.8. In compliance with the obligations the Seller has the right to engage third parties and forward them the level of Consumer’s personal data required to fulfill its obligations.
2.9. Goods ordered may not be used for commercial purposes.
2.10. The Seller is not responsible for damage caused by improper use of goods ordered.
3.1. Site registration will allow you to use your account, place the order and add goods to favorites.
3.2. The Visitor provides the following information during registration: name and surname, e-mail address and password for access to account.
3.3. The Seller is not responsible for accuracy of information provided by Visitor during registration.
3.4. The Visitor shall keep his or her login and password secret and shall not disclose it to any third party. In the case of suspectedpassword and login security or its unauthorized use possibility, the Visitor shall immediately notify the Seller via firstname.lastname@example.org e-mail.
4. ORDERING AND ORDER FULFILLMENT PERIOD
4.1. The Seller shall provide the information concerning goodsusefulness, place of the Seller, original place of manufacture of goods, full name of the organization (Seller’s name), prices and conditions of purchase, delivery, service conditions, service life, expiration date and warranty period, payment procedures and validity of proposal for sales contract to the Consumer.
4.2. To make the order place it on the Website on your own or contact us by e-mail or phone.
4.3. The Consumer makes the Acception and refers the application for intent of purchasing the goods by placing the order.
4.4. The Seller gives a notice to Consumer’s e-mail as evidence of confirmation of order.
This notice shall contain the following information:
— full name of organization (Seller’s name) and Seller’s address, name and surname of the Consumer or person designated by him or her (receiver), delivery address, Consumer’s contact phone number and e-mail address;
— commodity name, style code, quantity and price of goods;
— type, lead time and price ofdelivery;
— total value of sales contract;
— obligations of the Seller and the Consumer;
4.5. After placing the order the Consumer is provided the information about expected date of transmission the order to delivery service.The report date depends on availability on the Seller’s warehouse and procurement processing time.
4.6. When the goods ordered are not stocked in enough quantities at Seller’s storage, the Seller shall inform the Customer about it by e-mail provided during registration. The Consumer has the right to agree on taking available quantity or removethe goods from his or her order. If no response is received by three days, the Seller has the right to remove the goods from order.
4.7. The Seller has the right to cancel Consumer’s order containing the goods, which has been canceled for three or more times by the Consumer without giving reasons related to flaw in the goods.
4.8. The Seller has the right to reject sales contract and place the order when the Consumer has placed the other orders totalling over 50 000 rubles already that have not been delivered yet.
4.9. Order fulfillment period depends on your area.
4.10. When the goods ordered are not stocked at Seller’s storage, the Seller has the right to remove the goods from order and inform the Customer about it by e-mail provided during registration.
4.11. If the partly or full paid order is withdrawn, purchase price of withdrawn goods is returned in the same way as it was paid.
4.12. The materials provided on the Website are for informational purposes and fail to capture the full information about goods containing its characteristics,colors and fits. If you have any questions concerning characteristics of the goods you shall seek to the Seller.
4.13. Characteristics of any goods may be changed by the Seller unilaterally. The Seller guarantees only conformity of the characteristics of good specified in commodity check in accordance with Russian law.
5. SELLING PECULIARITIES OF DAMAGE GOODS, SAMPLES AND GOODS WITH REDUCED FLAWS
5.1. The Seller has the right to offer for sale damage goods, goods with reduced flaws and samples with providing it in description on the Website and in accompanying documentation.
5.2. Information about damage goods contains goods condition, its flaws, characteristics, destination and possible dual use.
5.3. Information about condition of damage goods or samples and its flaws provides in accompanying documentation.
5.4. If damage goods or sample offered for sale are nor provided with information about confirmation its compliance with the requirements and the other features and characteristics, the Seller shall inform the Customer that the compliance with therequirements should be confirmed, but these data are lacking on the Website.
5.5. If the damage goods were sold to the Consumer and its flaws were not provided in accompanying documentation, the Consumer has the right to require the Seller:
— to deliver substitute similar model (style code) goods;
— to deliver substitute other model (style code) goods with payment adjusted;
— to reduce the flaws immediately and pro bono;
— to reimburse the costs paid by the Consumer or third party for refusing the flaws.
5.6. In all other cases, the present terms and conditions are applicable to damage goods and samples.
5.7. Purchasing the goods,which take part in the action, the Consumer is committed to be awareness of the action rule provided on the Website.
6. DELIVERY AND CHANGE OF OWNERSHIP
6.1. Delivery methods are located under the button «Shipping and Payments» on the Webstite.
6.2. If sales contract includes delivery to the Consumer, the Seller shall deliver the goods to the place provided during placing the order by the Consumer.
6.3. The Seller has the right to recourse to service of third party and forward Consumer’s personal data to them for delivery.
6.4. The Seller shall hand over the goods to the Consumer under the procedures and within the limits established by present agreement.
6.5. The Seller shall hand over the goods to the Consumer within reasonable time if delivery time is not established in present agreement and there is no way to establish this period.
6.6. If commitment is not fulfilled within reasonable time, the Seller shall fulfill it no later than 7 days following the submission of the settlement claim by the Consumer.
6.7. The Seller shall spare no effort to meet the deadlines of supply order deliveries. However delays are not impossible owing to unforeseen circumstances that are not attributable to the Seller.
6.8. The risk of damage to, or loss of, the goodspasses onto the Consumer after handing over the goods to him or her. In case of non—delivery of pre—paid goods, the Seller shall refund the purchase price including delivery costs after establishing the fact of the loss from delivery service.
6.9. Delivery costs are calculated in accordance with the individual weight, volume, your area and delivery method.
6.10. The order is handed over to the Consumer or person provided by him or her as a recipient.
6.11. If delivery is effected within the limits established by present agreement andfailure to effectis caused by the Consumer, there is new deadline established for re—delivery after payment for delivery service again.
6.12. In order to avoid fraud, the person handling over the order to the recipient has the right to demand his or her identity paper and providing type and number of the identity paper on order receipt. The Seller guarantees confidentiality and security of receipt personal data.
6.13. The Seller hands over the goods to the Consumer which meets the quality conformed with the agreement and information provided when contracting and handing over.
6.14. The Seller shall hand over the goods suitable for the purposes for which they are ordinarily used to the Consumer in the absence of contractual stipulations.
6.15. The Consumer shall examine appearance and packing of goods being handed over.
6.16. The deadline for the receipt of order is indicative and provided when placing the order. Available in stock goods shall be handed over by the Seller to the delivery service within 14 days from the date of the order submission.
6.17. The Consumer’sfailure to receive the order within 5 days shall be considered to be a denial of the sales contract and is the reason for the cancellation of it. If the order failed to receive was pre—paid, the Seller shall refund purchase price to the Consumer under the procedure specified by the agreement.
6.18. In case of Customer’s failure to receive the order within the time specified, the Seller has the right to retain from pre—paid purchase price an amount of freight costs provided in sales contract.
6.19. Delivery shall be effected within the locations defined by specified address. No order is shipped to subway stations, airports, squares, piers and the like. The Seller has the right to require the Consumer to provide an alternative delivery address.
7.1. All prices on the Website are given in Rubles. In case of incorrect price provided on the Website, the Seller shall inform the Consumer about it for confirming the order which is re-calculated based on the new price or cancel it. If it is unable to locate the Consumer, the order is considered to be cancelled. If the order have been paid already, the Seller shall return the purchase price in the same way as it was paid.
7.2. Price, mortgage cost of goods and mortgage cost of the order is provided in the last step before completing your purchase order and valid at the time at pressing the button «complete the order».
7.3. Payment methods are provided in the section of the Website «Shipping and Payment». The payment method chosen by the Consumer is considered to be agreed on with the Consumer.
7.4. The order is handled after payment of funds for prepayment of the goods. The goods are not reserved and the Seller cannot guarantee the availability of goods in stock, consequently, time of treatment of order may be increased. In case of Consumer’s disagreement with the increasing of order time treatment, the Seller shall return the purchase price in the same way as it was paid.
7.5. Payment by credit card.
— Transactions are made by credit holder or person authorized by him or her under regulation № 226—P of 12.24.2004 of the Central Bank of Russia, on credit card emission and transactions using credit cards.
— Credit card transaction is authorized by bank. When there is justified suspicions that transaction might be fraudulent, the bank can refuse the transaction.
— In order to prevent misuse of credit card, all orders charged to a credit card are checked by the Seller. The Seller reserves the right to cancel the order without giving a reason. In this case the purchase price is returned on Consumer’s credit card.
— The Seller has the right to give fee reductions and offer loyalty program to the Consumer. Type of discounts, bonuses and their terms may be changed by the Seller unilaterally.
— The Seller has the right to establish discounts in order to promote certain delivery or payment method. At the same time the Seller can limit the discount on certain product category.
— Any extra attachments are delivered at the expense of the Consumer when carrying out marketing activities that require it. The Consumer need to contact support service for the attachments being rejected.
— Custom duties are not included in cost of order. Payment terms and custom duties are determined by customs legislation of the country to which deliver is effected.
8. RETURN AND EXCHANGE
8.1. Return and exchange takes place in accordance with Russian law.
8.2. The Consumer has the right to refuse from the goods until they being handed over or within 7 days after handing over.
8.3. The Consumer is provided the information about procedure and deadlines of appropriate goods return at the moment of delivery in writing form. This information contains:
— Seller’s address for return;
— Seller’s working time;
— Maximum or minimum time framefor goods being returned;
— Warning to maintain the presentation and usefulness of appropriate goods until return and documentation to be presented contracting;
— Deadline and procedure of purchase price return.
8.4. Return of appropriate goods is possible when their presentation and usefulness and documentation to be presented contracting are maintained. Absence of this document is without prejudice to refer on the other evidence of the goods purchase which the Consumer can provide.
8.5. The Consumer is not at liberty to refuse from appropriate goods with specified characteristics if the goods may be used solely by him or her.
8.6. If the Consumer refuses from the goods, the Seller shall return him or her purchase price with the exception of delivery costs in accordance with agreement. The return is to be made within 10 days of the request.
8.7. If the Consumer refuses from goods, the extra goods presented during marketing campaign shall be returned to the Seller with maintenance of presentation.
8.8. If the Consumer purchases defective goods without stipulating with he Seller, he or she has the right to request the following:
— Flaw reduction pro bono or reimbursement of the Consumer or third parties for reduction it.
— Commensurate reduction in purchase price;
— Substitution for similar model (style code) goods or the other model (style code) goods with payment adjusted. At the same time this request must be granted when fatal flaw is detected regarding costly and highly technical goods.
8.9. The Consumer has the right to reject the agreement and ask for refund of purchase price instead of requests listed in article 8.8 of present agreement. The Consumer shall return the goods with flaws upon Seller’s request at his expense.
8.10. If the Seller refuses to hand over the goods, the Consumer has the right to reject the agreement and claim damages. After the presentation of the claim for the return, purchase price shall be returned within 10 working days from the date of receiving of written application from the Consumer.
8.11. If the Consumer refuses from goods, the extra goods presented during marketing campaign shall be returned to the Seller with maintenance of presentation.
9.1. Purchase price shall be surrendered within 10 days after receiving from the date of receiving of written application from the Consumer.
9.2. If refund is under way not simultaneously with goods return, the refund is provided by one of the several methods upon the Consumer’s consent:
— by making refund to Consumer’s bank account;
— via post.
9.3. Article 468 of the Constitution of the Russian Federation regulates cases of terms assortment violation.
9.4. In case of terms assortment violation the Consumer has the right to refuse of the goods and request substitute goods in accordance with order assortment or refund for undelivered goods in fact.
9.5. The goods violating assortment terms shall be returned to the Seller. If the Consumer receives this goods, he or she shall pay for it the price provided on the Website at the moment of handing over. If this price is not provided on the Website, the goods shall be paid for the price agreed by the Seller.
9.6. Substitution of goods violating assortment terms is done by placing new order agreed by the parties.
9.7. In case of the impossibility of substitution of goods the Seller inform the Consumer about this fact via e-mail provided during registration and purchase price paid for undelivered goods in fact are returned in accordance with the procedure laid down in present agreement.
9.8. Money paid for undelivered goods in fact shall be returned within 10 days from the date of receiving submitted refund request from the Consumer. Refund of purchase price is done in the same way as it was paid.
9.9. When handing over the order the Consumer shall check the quantity of goods in his or her order. If discrepancies are found, the Consumer shall draw up an act on quantity discrepancy in the presence of Seller’s or delivery service’s representative.
9.10. If the Seller has handed over the goods in smaller quantity, than it were ordered, the Consumer has the right to request the missing quantity or refuse from the missing quantity and request a refund of purchase price in the case of prepayment.
9.11. Handing over the missing quantity is done by placing new order agreed by the parties, provided that the Consumer provides the act on quantity discrepancy.
9.12. If it is impossible to hand over the missing quantity of goods, the Seller shall inform the Consumer about this fact via e-mail and purchase price paid for missing goods in fact are returned in accordance with the procedure laid down in present agreement.
9.13. In case of violation of the requirements for the conclusion of act on quantity discrepancy, the Seller has the right to reject Consumer’s claim.
9.14. Extra goods presented during marketing campaign are not to be change and service.
9.15. When handing over the order the Consumer shall check the package contents and appearance of goods.
10.1. Grunge John Orchestra. Explosion, GJO.E are brand’s registered trademarks. Using the trademarks or any part of it without the consent of the Seller attracts prosecution under Russian law.
10.2. All text and graphic content provided on the Website is the intellectual property of the Seller and may not be copied without prior written permission.
11. OTHER CONDITIONS
11.1. Relations between the Seller and the Consumers are governed by the Russian law.
11.2. The Consumer shall contact support service by phone or filling out the feedback form on the Website in the event of disputes and claims. Parties will try to resolve disputes through negotiations. If agreement cannot be reached, the dispute will be submitted to the judicial authority in accordance to Russian law.
11.3. If any part of the present agreement found void, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.
11.4. Period of validity of the offer for purchasing the goods in online—store is limited by availability of particular items at Seller’s storage.
11.5. Objections against the quality of the goodsare acceptedat the Seller’s legal address.
12.1. When placing an on-line order or registrating on the Website the Consumer provides the following his or her personal data: name and surname, contacts (phone number and e-mail address), delivery address and further information in the commentary.
12.2. Accepting the agreement the Consumer gives his or her full and unconditional consent to process his or her personal data referred to in article 12.1, collect it, organize, store, refine, use and transfer to third parties in order to fulfill speedy the Seller’s obligations in accordance with the present agreement.
12.3. The Seller has the right to use personal data for reviewing of conversation story between the Seller and the Consumer, carrying out market research and direct interaction with the Consumer through various means.
12.4. The Consumer gives an approval to process his or her personal via automated database management system and other software.
12.5. The Consumer agrees that his or her personal data can be given to third parties which can be tasked with processing of it as stipulated in the agreement with these parties in accordance with Russian law on ensuring the confidentiality of personal data during its processing by third parties.
12.6. The Consumer has the right to request information containing his or her personal data, its processing and using from the Seller and change or remove incorrect personal dataon written request sent to Seller’s legal address or e-mail.
12.7. Consumer’s consent to the processing of personal data shall be of unlimited duration and can be withdrawn on written request sent to Seller’s legal address or e-mail.
12.8. The Seller shall ensure the security and confidentiality of Consumer’s personal data in accordance with data protection legislation.
12.9. The Consumer has the right to refuse from any promotional communications from the Seller without reason. At the same time, if the Consumer chooses not to receive the newsletter, he or she shall change the subscription settings at his or her account on the Website by clicking a link «to unsubscribe from this newsletter» at this newsletter, thereby excluding his or his e—mail from mailing list.
12.10. Service reports informing the Consumer about his or her order and its processing are for informational purposes only and not commercial mailing. These reports are sent automatically and cannot be refused.
13. CONTACT INFORMATION
— Full name of the organization: Grunge Company Limited;
— Legal, legitimate and postal address: 25 Nikitskiy boulevard, Moscow, 119019, Russia;
— Phone: +7 (495) 478-19-05, e-mail: email@example.com.