Attention: we strongly recommend reading in entirety this agreement! Proceeding to use the following website https://humidpeach.com
means your full acceptance and acknowledgment of all the terms of this agreement and it abiding by Art. 435 and p. 2 of Art. 437 of the Civil Code of the Russian Federation. Any usage of the website https://humidpeach.com
means your full and unconditional acceptance to the terms of this agreement. Not complying to the terms of this agreement results in the absence of rights to use the https://humidpeach.com
website for any purpose.
Independent entrepreneur, Bainov Ivan Sergeevich, acting on the basis of the registration certificate of the OGRNP 320723200060609 (hereinafter referred to as the "Seller"), on the one hand, and accepting the offer permanently posted on the internet in the corresponding section of the https://humidpeach.com
site (hereinafter - "Online Store"), a capable user of the website on the Internet https://humidpeach.com
(hereinafter referred to as the "Buyer", "User") entered into this Agreement (by accepting the public offer) governing any use of the Online Store, and also, the procedure for the conclusion and execution of the contract of retail sale of goods submitted for purchase in the online store. 1. Terms and definitions
In this agreement, unless the text expressly states otherwise, the following terms will have the meanings specified below:
"Online Store" — is the internet site owned and administered by the seller and/or its authorized persons, located on the internet at https://humidpeach.com
and containing the placed goods offered by the Seller for purchase, as well as containing the terms of payment and delivery of products to buyers.
"User" — means a person using an online store that accepts the terms of this agreement but does not pursue the goal of concluding a contract for the sale of goods.
"Buyer" — a user who placed an order on the online store in the established place, thus concluding a retail sale and purchase agreement for the goods.
The "Seller" — is an individual entrepreneur, I.S. Bainov, acting on the basis of the registration certificate of the State Registration Programming Number 320723200060609, which administers the site https://humidpeach.com
and sells the goods as stated in this agreement.
"Product" — drawings, prints, and other goods showed for sale in the online store.
"Order" — created by the buyer in accordance with this agreement for the purchase of the relevant goods presented in the online store.
"Online Store" — the website accessed through computers, which is provided through the internet at the network address https://humidpeach.com
, owned and administered by the seller and/or their authorized persons, including functionality that enables the conclusion of the contract of the retail sale of the goods represented on it.
"Personal Data of the Buyer" — data directly or indirectly related to the Buyer as an individual: name, surname, e-mail address, contact phone, and other similar information. 2. General provisions
2.1. Under this agreement, the seller completes the purchase and sale of the goods (paragraph 2 of Chapter 30 of the Civil Code of the Russian Federation) through the electronic infrastructure of the online store at https://humidpeach.com
2.2. Using the online store in any form/ordering goods through the online store, the user agrees to the terms of this agreement, including the conditions of sale of the goods. In case of disagreement with this agreement, the user is obliged to immediately stop using any of the online store functionalities.
2.3. This offer (i.e., this agreement until the buyer accepts all terms in conditions), as well as information about the goods, presented in the relevant sections of the online store, is the official offer of the seller in accordance with Art. 435 and p. 2 of Art. 437 of the Civil Code of the Russian Federation to any natural person with legal capacity and the necessary powers to conclude a contract for the retail sale of goods under the conditions specified in this offer. In the event of a conflict between the provisions of this offer and the information posted in the online store, the information provided in the online store has priority.
2.4. The terms of this offer may be changed by the seller unilaterally and without notice to the user/buyer. The amended offer enters into place immediately from the moment of its publication to the relevant section of the website, unless otherwise expressly provided by its terms.
2.5. For buyers who have placed an order previously and if the offer is amended, the edition that was in place at the time of placing the order remains in effect.
2.6. The buyer has the right to place an order on the online store at any time when it is fully operational, except for periods of scheduled maintenance or technical failures.
The terms of delivery, pickup, payment and other issues related to the conclusion of the contract for the retail sale of goods between the buyer and the seller are governed by the relevant parts of the online store. 3. Subject of the agreement
3.1. The subject of this agreement is any/all usage of the online store, including the terms of determining how the buyer purchases the goods presented in the relevant section of the online store for personal, family, home and other needs not related to business activities.
3.2. This agreement applies to all types of products presented in the online store, as long as such offers with a description are present in the relevant sections of the online store. 4. The moment of the conclusion of the contract
4.1. The acceptance of this offer (the conclusion of the agreement) is the buyer's completion of the order for the goods in accordance with the terms of this offer and the functionality of the online store. The buyer shall place an order for the goods by performing the correct actions provided by the functionality of the online store.
4.2. Accepting this offer (entering into the agreement), the buyer agrees that the registration data (including personal data) are provided to them voluntarily; registration data (including personal data) transferred to the seller for the purposes specified in this Agreement and may be transferred to third parties for the purposes specified in the agreement; registration data (including personal data) can be used by the seller in order to promote goods and services by making direct contacts with the buyer through the appropriate communication channels. 5. Goods and ordering procedure
5.1. The order of the buyer is in accordance with the procedures given in the online store in the section called, "Delivery and payment".
The buyer bears full responsibility for providing inaccurate or incomplete information that resulted in the impossibility for the seller to properly fulfill its obligations to the buyer and/or other negative consequences for the parties to this agreement.
5.2. In order to place the order, the buyer should completely fill out the form provided by the website through the online store section. It is absolutely required to provide the following information:
- Surname, name, patronymic (also known as 'middle name') of the buyer;
- Email address, contact phone number;
- Shipping address;
The buyer bears full responsibility in the case that they provide inaccurate or incomplete information that results in the seller not being able to fulfill any/all of their obligations to the buyer and/or other negative consequences for the parties to the agreement.
5.3. The seller has the right to clarify the information provided by the buyer, the provision of which is provided for in paragraph 5.2 of the agreement, by means of telephone communication.
5.4. The buyer has the right to request clarifying information regarding the properties and characteristics of the goods, presented in the online store of the seller, via telephone communication or e-mail (contact information is provided in the "Contacts" section, on the online store at https://humidpeach.com/contacts
5.5. After placing the order on the online store, the buyer receives a confirmation by e-mail to the address that was provided to the buyer during its execution. According to the results of the order, the order is assigned to an individual identification number which is used and needed for the future interactions between the buyer and the seller. The identification number is located in the confirmation email which is sent to the buyer after placing the order.
5.6. Packaging of the order (i.e. preparation of the goods for transfer to the buyer) is carried out on the next business day after it is placed on the website. Packaging and sending of the orders are carried out during the working hours, on weekdays (Monday to Friday), with the exception of Russian holidays.
5.7. If the goods ordered are out of stock, the buyer has the right to exclude the indicated items from the order or to cancel the buyer's order completely, notifying the buyer by sending an e-mail to the address specified by the buyer when they placed the order or by telephone.
5.8. The buyer has the right, on their own initiative, to cancel the order before the end of completion. In case of cancellation of a fully or partially prepaid order, the value of the canceled order is returned by the seller to the buyer in the same payment format in which the goods were paid.
5.9. The transfer of goods to the buyer is possible only in the form of delivery of the goods to the location of the buyer. The shipping format of the goods to the buyer is carried out by him/her during the process of placing an order.
5.10. After the order has been made and shipped, the seller will notify the buyer and provide the necessary information of their order in regards to their shipment (i.e. tracking number, shipping address, etc.).
5.11. By providing the seller with an email address and/or telephone number, the user/buyer agrees to use these means of communication with the seller, as well as by third parties used by them for the purpose of fulfilling obligations under this agreement.
5.12. In carrying out the order, the user/buyer agrees that the seller may entrust the execution of the agreement at specific stages (in particular, the obligation to deliver the goods) to a third party while remaining responsible for its execution.
5.13. All rights and obligations under the retail sales agreement that are concluded with the user arise directly from the seller. 6. Rights and obligations of the parties
6.1. Seller undertakes to:
6.1.1. From the time of the conclusion of this agreement to fully comply with all obligations to the buyer in accordance with its terms and requirements of current legislation.
6.1.2. Supply the buyer with a good quality product in accordance with the terms of this agreement.
6.2. The seller has the right to:
6.2.1. The modification of the terms of this agreement, the prices of the goods, methods, and terms of payment and delivery of the goods, will be posted on the online store section of the website. All changes take effect immediately after publication as well will the buyer be immediately notified at the time of publication.
6.2.2. Refusal to the agreement in terms of the sale of the goods in the event that the buyer fails to fulfill obligations to pay for it, as well as if the buyer specifies incorrect/incomplete information necessary for the seller to fulfill the obligations.
6.2.3. Refusal to comply with this agreement in the case of the sale of the goods was processed in whole or in part in the absence of the goods ordered by the buyer at the disposal of the seller.
6.2.4. It is possible without the consent of the buyer to transfer their rights and obligations in order to comply with the agreement to third parties (including the obligation to deliver the goods).
6.2.5. The seller can send messages to the buyer about advertisements and information (SMS and e-mail distribution) with information about discounts, promotions, new arrivals, etc. The frequency and content of mailings are determined by the Seller independently unilaterally.
6.2.6. The seller can make restrictions on the number of ordered goods for one day delivery with the subsequent notification to the buyer.
6.3. Buyer undertakes to:
6.3.1. Before the conclusion of this agreement, familiarize yourself with its content, as well as other provisions governing the implementation of this agreement and placed in the relevant sections of the online store.
6.3.2. Report all the necessary information that uniquely identifies him as the buyer or an authorized person when transferring the goods.
6.3.3. Pay for the ordered goods and their delivery as stated in the terms of this agreement. 7. Order delivery
7.1. The forms of delivery of the goods sold by the seller or persons authorized by him are listed under the online store section called, "Delivery and Payment".
7.2. The regions available for delivery shown on the website and sold by the seller is not limited to the territorial boundaries of the Russian Federation.
7.3. Taking into account clause 7.2. of this agreement, the seller has the right to decide on the limitation of the territory of delivery. The limitation of the delivery territory is applicable for the orders that were both paid before and after the introduction of this limitation.
7.4. Upon delivery, the goods are handed over to the buyer or to a third party specified in the order as a recipient (hereinafter referred to as the "recipient"). In exceptional cases, if it is impossible to obtain the order by the persons specified above, the goods may be handed over to a person who has information about the order (shipment number, recipient's full name, cost of the order, etc.).
7.5. In order to avoid cases of fraud, as well as to fulfill the obligations assumed, upon delivery of the goods, the person delivering the goods has the right to request a document certifying the identity of the recipient.
7.6. The cost of delivery of the goods is calculated individually and is not included in the price of the goods, unless otherwise expressly stated by the seller in the relevant sections of the online store. The cost of delivery is determined, in particular, by the following parameters:
- Location of the delivery point (the whole territory of Russia and abroad is divided into tariff zones);
- Weight of departure;
- If there is additional paid services and services (i.e. cash on delivery, insurance, customs services).
The final cost of delivery is communicated to the buyer via e-mail or telephone communication.
7.7. The seller, at the request of the buyer, provides him/her with specific information on the delivery time of the goods. At the same time, the seller does not guarantee the delivery time and they are not responsible for the improper performance of obligations by the persons delivering on their behalf.
7.8. The seller's obligation to transfer the goods to the buyer is deemed to be fulfilled at the time the seller delivers the goods to the beneficiary or otherwise, receives the goods by the recipient (in particular, by delivering the goods to the Russian Post Office). The risk of accidental loss or accidental damage to the goods passes to the buyer from the moment the goods are handed over to them and the recipient signs their own signature in the documents confirming acceptance of the goods.
7.9. Upon receipt of the goods, the recipient is obliged to inspect the transferred goods, if necessary, opening the packaging to check the goods for compliance with the declared quality, quantity, assortment and completeness of the goods. In the event of a complaint regarding the transferred goods, the recipient of the goods immediately takes steps to alert the seller about noncompliance with the state of the goods.
7.10. In case of return of the Goods delivered by the Russian Post due to the goods not complying with standards, the recipient shall attach the following documents to the shipment containing the returned Goods:
- Application for a refund;
- A copy of the discrepancies;
- A copy of the payment receipt;
- A copy of the shipment list;
- Return form;
7.11. If the buyer does not take measures to receive the goods delivered within a reasonable time, the seller shall have the right to cancel the order without further informing the buyer. 8. Payment for goods
8.1. The price of goods sold on the online store is indicated in its corresponding sections in united states dollars.
8.2. In the case of an incorrect price of goods ordered by the buyer, the seller informs the buyer thereof to confirm the order at the actual price or to cancel the order. If it is impossible to contact the buyer, this order is considered to be canceled; in this case, if the order was paid, the seller returns to the buyer the amount paid for the goods in the same way that it was paid.
8.3. The price of the goods in the online store can be changed unilaterally by the seller without prior notice to the users. At the same time, the price of the goods already ordered by the buyer at the time of the change is not subject to change.
8.4. Payment for the goods under this agreement is carried out, including electronically (options for payment by credit card, electronic wallet, etc.) provided in the online store.
In the case of the payment of the goods electronically, the payment is considered made from the moment the corresponding amount of money is credited to the bank account of the seller.
8.5. The seller has the right to provide discounts on products and install a program of bonuses. Types of discounts, bonuses, procedure, and terms of accrual are determined by the seller independently and are indicated in the public access area on online store.
8.6. Taking into account clause 7.6 of this agreement, with the appropriate methods of delivery of the goods, the total cost of the goods shall be increased by the total cost of the delivery in by amount charged by the delivery person.
8.7. The seller has the right to change the method of payment and delivery of the goods for the buyer, depending on the volume of previous orders. 9. Return and refund
9.1. Return of the goods sold by the seller is carried out in accordance with the conditions given in the section "Delivery and payment" and "Return and Exchange".
9.2. Return of goods that meet all of the prior-stated standards is possible in case of the buyer's refusal from this agreement prior to actually receiving the goods or within 7 days after its receipt.
9.3. Return of the goods provided for in paragraph 9.2. The agreement is possible only if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved. If the buyer refuses the goods on the basis stipulated in clause 9.2 of the agreement, the seller will then return to the buyer the amount of money paid by them under this agreement with the retention of the seller's expenses for delivery of the returned goods from the buyer.
9.4. The buyer has the right to exchange the purchased good quality product for the similar goods from the seller from which these goods were purchased if it did not fit in shape, size, style, color, size or configuration.
9.5. The buyer has the right to exchange goods of good quality, as stated in paragraph 9.4 of the agreement within fourteen days from the date of actual receipt of the goods. The exchange of the goods is permitted if the specified goods have not been used and if its presentation, consumer properties, as well as a receipt or cash receipt or another document confirming payment of the specified goods are preserved.
9.6. The costs arising from the exchange of the goods is in accordance with paragraph 9.4 of this agreement for the delivery of the goods to the buyer and the return of the goods to the seller are completed by the buyer.
9.7. In case of transfer of the goods of inadequate quality to the buyer, the buyer shall have the right to state to the seller the requirements provided for by the current legislation of the Russian Federation.
9.8. The characteristics and appearance of the goods delivered to the buyer may differ slightly from those listed in the corresponding sections of the online store.
9.9. All claims for improper performance of this agreement, the buyer has the right to send to the email address of the seller email@example.com
or via the feedback form on the website https://humidpeach.com
9.10. Upon delivery of the goods, the buyer has the right to put his signature on the appropriate document confirming the transfer of the goods. The absence of the buyer's signature in the relevant document of title does not indicate the inadequate quality of the delivered goods and/or the claims of the buyer to the other conditions for the execution by the seller of this agreement.
9.11. Refunds are made by returning the cost of the paid goods in the same way that the buyer made the payment when placing the order. 10. Rights to intellectual property
10.1. The seller is the sole and complete owner of intellectual property rights to the online store as a complex copyright object and other intellectual property components used in the performance of obligations under this agreement.
10.2. The seller has the exclusive right to use the online store and other intellectual property components involved in the performance of obligations under this agreement.
10.3. The seller is the sole and complete owner of the intellectual rights to the commercial designation, brand names and other intellectual property used by him for his own individualization in the provision of services under this agreement.
10.4. The user may not use any of the intellectual property as set forth in clauses 10.1 - 10.3 of the agreement without the written consent of the seller, except for the cases expressly provided for by this agreement.
10.5. Any use of the results of the intellectual activities of the seller, if such use is carried out without the consent of the seller, is illegal and entails liability established by this agreement and applicable law.
10.6. All rights specified in this section of the agreement belong to the seller during the term of the respective rights to the results of intellectual activity and means of individualization of the seller.
10.7. All rights to the results of intellectual activity and means of individualization specified in this section of the agreement belong to the seller without the restriction of the territory during the term of the relevant intellectual rights.
10.8. In the event of a violation by the user of the provisions of the agreement provided for in this section, at the request of the seller, the user undertakes to pay a fine of 100,000 (One hundred thousand) rubles for each violation. 11. Processing and protection of buyer data
11.1. Any personal information (personal data) specified by the buyer in the course of the execution of this agreement is processed by the seller in accordance with the Federal Law of the Russian Federation "On Personal Data".
The use of the online store, the conclusion of this agreement means the unconditional consent of the buyer with the processing of his personal data, as well as agreement with the approved Personal Data Processing Policy. In case of disagreement with these conditions, the buyer must refrain from using the online store.
11.2. The seller processes only the personal information that is necessary to fulfill the obligations assumed by this agreement.
11.3 In cases stipulated by this agreement, the seller shall stop processing personal data or ensure its termination (if personal data is processed by another person acting on behalf of the seller) and destroy personal data or ensure their destruction (if personal data is processed by another person on the instructions of the seller) within a period not exceeding thirty days from the date of attaining the goal of processing personal data, unless otherwise provided by the contract, article Rhone whose beneficiary or surety for which a buyer other agreement between Seller and Buyer.
11.4. In case of withdrawal Of the buyer's consent to the processing of his personal data, the Seller undertakes to stop their processing or to ensure the termination of such processing (if the processing of personal data is carried out by another person acting on behalf of the Seller) and if the storage of personal data is no longer required for the purpose of processing personal data, destroy personal data or ensure their destruction (if the processing of personal data is carried out by another person acting on behalf of the Seller) within a period not exceeding thirty days from the date of processing the personal data, unless otherwise provided by the contract, of which, the beneficiary or guarantor for which is the buyer, another agreement between the seller and the buyer. 12. Force majeure
12.1. The parties shall be released from liability for partial or complete failure to perform obligations under this agreement if such failure was a consequence of force majeure arising after the conclusion of this agreement, which the parties could not foresee or prevent.
12.2. Upon the occurrence of the circumstances specified in clause 12.1 of this agreement, each party shall promptly notify the other party in writing. The notice shall contain data on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, assessing their impact on the ability of the party to fulfill its obligations under this agreement.
12.3. If the party does not send or untimely sends the notice provided in item 12.2 of this agreement, it is obliged to compensate to the second party the losses incurred by it.
12.4. In case of occurrence of the circumstances provided for in paragraph 12.1 of this agreement, the period of performance by the party of its obligations under this agreement shall be shifted in proportion to the time during which these circumstances and their consequences are in force. 13. Final provision
13.1. This agreement constitutes the entire legal agreement between the user/buyer, on the one hand, and the seller, on the other hand, with respect to its subject matter, and supersedes any prior agreements with respect to such subject matter.
13.2. In the event that any provision of this agreement is held by a court of competent jurisdiction to rule on such matter to be invalid or unenforceable, such provision will be deemed to be excluded from this agreement without prejudice to other provisions that will remain in full force and effect.
13.3. The seller has the right to transfer and assign its rights and obligations under this agreement, as well as delegate their implementation or performance to third parties without the consent of the user/buyer. The user/buyer has no right to transfer and assign its rights and obligations under this agreement, as well as delegate their implementation or performance to third parties without the consent of the seller.
13.4. This agreement shall be governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by the agreement shall be resolved in accordance with the legislation of the Russian Federation. 14. Seller's address & bank details
SP Bainov Ivan Sergeevich.
Registered: Interdistrict inspectorate of the Federal tax service № 14 of the Tyumen region.