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The «Enjoy Brand» online store carries out its work in accordance with the current legislation of the Russian Federation that regulates consumer rights and trade rules, and offers its services of the décor goods virtual storefront on the terms that are the subject of this Agreement.
1. General Provisions
1.1. This User Agreement (hereinafter referred to as the Agreement) enters into force since the moment the person who accepted the Agreement (hereinafter referred to as the Buyer) from the Seller (hereinafter referred to as the «Enjoy Brand» online store, the Internet store) sends an electronic confirmation of acceptance of the Order or receipt from the Buyer Order by phone.
1.2. The Buyer guarantees that the purchased Products will be used by him for personal, family and other similar purposes not related to business.
1.3. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient to conclude the Agreement and fulfill all its conditions.
2. Subject of the Agreement
2.1. The Seller shall undertake to transfer to the Buyer the Goods intended for personal, family, home or other use not related to entrepreneurial activity; and the Buyer undertakes to accept and pay for this Product.
2.2. The exact name and quantity of the Goods are indicated in the sales receipt transmitted by the Seller to the Buyer.
3. Checkout
3.1. To make a preliminary order, the Buyer must provide the Seller with truthful, accurate and complete information about the address to which the Goods should be delivered; contact phone numbers and e-mail address of the Buyer.
3.2. After receiving the Order by the Seller, the Buyer is automatically sent a duplicate of the Order to the email address. Further, the employee of the «Enjoy Brand» online store contacts the Buyer at the specified contact numbers to confirm the Order, clarify the delivery time and verify the address to which the Goods will be delivered.
3.3. When sending the Order of the Goods at night or on holidays, the Order is considered received by the Seller at 10 am on the next working day.
3.4. The preliminary Order of the Goods is considered accepted by the Seller since the moment the Seller sends an electronic confirmation of the acceptance of the Order to the Buyer, or since the moment the Seller confirms the acceptance of the Order from the Buyer by phone.
3.5. The Seller is not responsible for the Buyer's failure to receive an electronic notification of acceptance of the Order to the email address for reasons related to interruptions in the Internet, as well as for other reasons beyond the Seller's control.
3.6. If the employee of the «Enjoy Brand» online store has not contacted the Buyer by phone within 24 hours, the Buyer must contact the «Enjoy Brand» online store himself by the phones indicated on the Site.
3.7. If the Buyer has placed an Order for a Product that is not available in the «Enjoy Brand» online store, the Buyer has the right to reserve this Product before the new arrival of this Product, or to order an available Product similar to the missing.
4. Terms of Delivery of the Good
4.1. The working hours of the delivery service of the «Enjoy Brand» online store shall be Monday-Sunday, from 9:00 to 24:00 (for Buyers of Moscow and of Moscow Region).
4.2. The exact time of delivery of the Goods to the Buyer shall be preliminarily agreed by the Parties by phone.
4.3. If it is not possible to deliver the Order within the time specified by the Buyer, the «Enjoy Brand» online store has the right to transfer the Order to another delivery time agreed by the Parties, or to refuse it unilaterally.
4.4. The delivery of the Goods in Moscow and Moscow Region shall be carried out to the Buyer's apartment.
4.5. If it is impossible for vehicles to approach the Buyer's house at a distance closer than 500m, the Seller has the right to unilaterally refuse to deliver the Order, or carry out such delivery for additional fee.
4.6. The time of the courier's stay at the Buyer's address is limited to 15 minutes.
4.7. If it is impossible to use the elevator to deliver the Goods, the cost of lifting the large-format or heavy order shall be:
From 10 kg - 30 rubles per floor
From 40s kg - 60 rubles per floor
From 60 kg - 90 rubles per floor
From 80 kg - 120 rubles per floor
From 100 kg - 150 rubles per floor
up to 10 kg - free rise to the 5th floor.
4.8. In the case provided for in Clause 4.7 of the Agreement, the Seller has the right to unilaterally change the cost of delivery, or refuse to deliver the Goods to the Buyer with the subsequent notification of this.
4.9. The Buyer may ask to be notified 30 minutes before the delivery time. If an employee of the «Enjoy Brand» online store does not reach the Buyer 30 (thirty) minutes before the courier arrives, then the Order shall be considered postponed for an indefinite period until the Parties agree on a new delivery time for the Order.
4.10. The courier shall be obliged to transfer the Goods corresponding to the Buyer's preliminary order, being properly packaged and labeled.
4.11. The courier shall be obliged, simultaneously with the transfer of the Goods, to transfer its accessories, and the sales receipt; as well as instructions and a warranty card attached to the Goods (if provided by the manufacturer).
4.12. All other documents shall be provided by the Seller upon the prior request of the Buyer.
4.13. The obligation of the Seller to transfer the Goods to the Buyer shall be considered fulfilled at the moment the courier delivers the Goods to the Buyer or to a person specified by the Buyer who is able to accept and pay for the Goods.
4.14. The Buyer guarantees the acceptance and payment of the Goods at the specified address at the time agreed by the Parties personally or by the person indicated by the Buyer.
4.15. Ownership of the Goods and the risk of accidental loss of the Goods shall pass from the Seller to the Buyer at the time of receipt of the Goods by the Buyer.
4.16. The fact of payment for the Goods by the Buyer shall be recorded by the courier in the Order Delivery Form.
4.17. In the absence of the Buyer or the person specified by the Buyer at the address specified in the application at the time agreed by the Parties, the Seller has the right to unilaterally refuse delivery.
4.18. Delivery cost, and additional information shall be indicated in the Delivery section.
4.19. Delivery outside the Moscow Ring Road shall be calculated individually. Delivery outside the Moscow Ring Road shall be carried out without time limit. Delivery terms may vary depending on the situation on the roads of Moscow.
4.20. When accepting an Order from a courier, the Buyer is obliged to inspect the delivered Order and check it for compliance with the declared quantity, assortment and completeness of the Goods, as well as check the expiration date of the delivered Goods and the integrity of the packaging. In the absence of claims, the Buyer shall sign in the Order Delivery Form and pays for the Order. The signature in the delivery documents indicates that no claims have been made by the Buyer and the Seller has fully and duly fulfilled his obligation to transfer the Goods.
4.21. If the Buyer has any claims upon receipt of the Order, the Buyer has the right to refuse to receive the Goods. In this case, the courier is obliged to describe all identified violations and reflect them in the Act. The act is drawn up in 3 (three) copies, in which the Buyer signs the refusal to receive the Goods or sets out the requirements for the replacement of the Goods. If the Buyer refuses to sign the Act, the courier makes a note about this in the Act. After drawing up the Act, the courier picks up the Product for its subsequent return to the «Enjoy Brand» online store or to replace it with another Product. Delivery of the replaced Product is carried out at a different time by agreement of the Parties.
4.22. If the Seller is unable to deliver the Goods due to difficulties in the movement of vehicles on the roads, vehicle breakdowns, lack of technical capability and other cases, the Seller has the right to agree with the Buyer on a different delivery time for the Goods, or to refuse to deliver the Goods unilaterally with subsequent notification to the Buyer.
5. Terms and Methods of Payment
5.1. The cost of the Goods shall be indicated in the sales receipt transmitted by the Seller to the Buyer.
5.2. The Buyer pays for the Goods to the Seller in one of the following ways at the option of the Buyer:
5.2.1. By cash settlement with the courier upon delivery of the Goods.
5.2.2. By transferring funds to the Buyer's current account. In this case, the date of payment for the Goods is the day the funds are received on the Seller's account.
This method of payment is possible for both individuals and legal entities. The current account number shall be indicated in the invoice for payment sent by the Seller to the Buyer after the Seller accepts the Buyer's Order.
5.3. All settlements between the Parties shall be carried out in rubles.
6. Procedure for the Return and Exchange of the Purchased Goods
6.1. The exchange and return of the Goods shall be carried out in accordance with the current legislation of the Russian Federation.
6.2. Departure of the courier of the «Enjoy Brand» online store for exchange and return of the Goods of proper quality shall be carried out in accordance with the rates of the courier service specified in the Delivery Section.
6.3. The Buyer cannot exchange the Goods at the office of the «Enjoy Brand» store.
6.4. When exchanging the Goods, the Buyer must provide the Seller with documents confirming the fact of payment for the Goods.
6.5. In the absence of documents confirming the purchase of the Goods in the «Enjoy Brand» online store, the Buyer must prove this fact on his own.
6.6. Exchange and return of good quality Goods:
6.6.1. The Buyer has the right to exchange a non-food product of good quality for a similar product within 14 days if the specified product does not fit in shape, dimensions, style, color, size or configuration. The Buyer can also refuse the goods before delivery or at the time of its actual receipt, and also has the right to return the goods that did not fit him within 14 days after purchase.
6.6.2. The exchange and return of the Goods of good quality is made subject to all of the following conditions in aggregate:
If the specified goods were not in use, their presentation and consumer properties have been preserved; factory labels have been preserved (including warranty coupons, technical documentation, component parts); The Buyer can present documents confirming the fact and conditions for the purchase of the specified Goods or prove the fact of payment for the Goods in another way (Art.25 of the Law of the Russian Federation “On Protection of Consumer Rights “); The Product is not included in the list of Products of good quality that cannot be returned.
6.6.3. If the Buyer does not want to exchange the Product that did not fit him for a similar one, the Seller, within three working days from the receipt of such Product and a written application from the Buyer (containing the information specified in Clause 7.7.4. Of the Agreement), shall refund the amount paid by the Buyer for the Product (excluding the costs of the delivery of the Goods by the Seller for sale to the Buyer, as well as the costs of delivering the Goods for return from the Buyer to the Seller).
6.6.4. The application for the refund of the money paid must contain:
• surname, name and patronymic of the Buyer,
• passport data of the Buyer,
• Order number,
• name of the returned Product ,
• grounds for returning the Goods,
• reasons for the Buyer's refusal from the Goods,
• listing of documents or other evidence confirming the fact of making a purchase in the «Enjoy Brand» online store.
6.6.5. Based on the "List of non-food products of good quality, not subject to return or exchange for a similar Product of a different size, shape, dimension, style, color or configuration", approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55, the following Goods of good quality cannot be returned :
• Products for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical instruments, devices and equipment, oral hygiene products, spectacle lenses, care items children), medicines.
• Personal hygiene items (toothbrushes, combs, hairpins, hair curlers, wigs, hairpieces and other similar Products);
• Perfumery and cosmetic products.
• Textile Products (cotton, linen, silk, woolen and synthetic fabrics, Products made of non-woven materials such as fabrics - ribbons, braid, lace and others);
• Sewing and knitwear (garments and knitted underwear, hosiery);
• Products and materials in contact with food, made of polymeric materials, including for one-time use (tableware and kitchen utensils, containers and packaging materials for storage and transportation food products)
• Household chemicals;
• Household furniture;
• Technically complex household goods for which warranty periods are set (household electronic equipment; electric musical instruments; electronic toys);
• Other Products included in the above List.
6.8. Exchange and return of goods of inadequate quality:
6.8.1. If the Buyer finds a factory defect in the Product purchased in the «Enjoy Brand» online store, this Product must be replaced by the Seller within 14 days from the date the Buyer submits a request to replace the Product.
6.8.2. If an examination is required to recognize the quality of the Goods as inadequate, then the period for the exchange of the Goods may be increased to 20 days. And in the absence of the Goods in the warehouse of the Internet store - up to 30 days from the date of the specified request.
6.8.3. To return the Goods, it is necessary to draw up a written claim to the quality of the Goods (Application for the return of the money paid) indicating:
• the name, first name and patronymic of the Buyer;
• passport data of the Buyer;
• order number;
• name of the returned Goods;
• grounds for returning the Goods;
• reasons for the Buyer's refusal from the Goods;
• listing of documents or other evidence confirming the fact of making a purchase in the «Enjoy Brand» online store.
6.8.4. The decision to refund the amounts paid is made only if there is a written claim to the quality of the Goods (Application for the return of money paid), containing the information provided for in Clause 6.8.3 hereof.
6.8.5. The refund of the amount paid by the Buyer for the Goods of inadequate quality shall be carried out within 10 working days from the moment the Seller receives the Goods of inadequate quality and a written claim from the Buyer. To speed up the refund process we recommend that you to send the specified claim by e-mail to the email address info@enjoybrand.it
6.8.6. The Seller is not responsible for the possible refusal and / or evasion of the manufacturer's warranty obligations.
7. Privacy and Security
7.1. The Parties shall undertake to take all necessary measures for the security and protection of information and documents exchanged between the Parties, or which became available to the Parties in the execution of this Agreement.
7.2. The Buyer shall undertake to independently take all necessary measures to maintain confidentiality, prevent unauthorized use and protect authentication data from unauthorized access by third parties.
7.3. The Seller shall undertake to maintain confidentiality with respect to the Buyer's personal data, as well as other information about the Buyer that has become known to the Seller in connection with the execution of this Agreement, unless such information:
• is publicly available;
• disclosed at the request or permission of the Buyer;
• requires disclosure on the grounds provided for by law, or upon receipt of appropriate requests from the court or authorized government bodies;
• disclosed on other grounds provided for by the agreement of the Parties.
7.4. By accepting the terms of this User Agreement, the User agrees to receive information about the delivery of goods, as well as advertising mailings to the phone number and e-mail specified during registration.
8. Personal Data
8.1. By accepting the Agreement by registering on the Site, the Buyer confirms his consent to the processing of his personal data provided during registration. The processing of the Buyer's personal data shall be carried out in accordance with the legislation of the Russian Federation. In accordance with Clause 3 of Article 3 of Chapter 1 of the Federal Law of the Russian Federation of July 27, 2006 No. 152-FZ "On Personal Data": "processing of personal data is any action (operation) or a set of actions (operations) performed using automation tools or without the use of such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data ".
8.2. The Seller shall take all necessary measures to protect against unauthorized access, alteration, disclosure or destruction of the Buyer's personal data. The Seller provides access to the Buyer's personal data only to those third parties who need this information to ensure the fulfillment of the Buyer's Order, and also for the sole purpose of ensuring compliance with the requirements of the current legislation of the Russian Federation (including in order to prevent and / or suppress illegal and / or illegal actions of buyers), including the disclosure of personal data provided by the Buyer at the request of the court and law enforcement agencies.
8.3. The Seller shall guarantee that the storage of personal data will be carried out in a form that makes it possible to identify the Buyer no longer than the purpose of processing personal data requires, and they are subject to destruction upon achievement of the processing goals or in case of loss of the need to achieve specific goals.
8.4. The Buyer is prohibited from transferring personal data of third parties for processing.
8.5. At the first request of the Seller, the Buyer shall undertake to provide written consent to the processing of personal data.
8.6. The Seller reserves the right to suspend the execution of the Order or delete registration information or otherwise suspend the processing of personal data transferred by the Buyer, in case of failure to provide the Buyer's written consent to the processing of personal data within five days, as well as in the case of transfer of personal data of third parties.
8.7. The Seller shall stop processing the Buyer's personal data upon his written application.
8.8. The Seller reserves the right to file a claim in court for compensation for moral and / or material damage arising from the illegal transfer of personal data by the Buyer on the Seller's Website.
9. Force Majeure Circumstances
9.1. A Party shall be released from liability if non-performance or improper performance of obligations was associated with force majeure circumstances (force majeure), that is, unforeseen, extraordinary and inevitable circumstances under these conditions that the Parties could neither foresee nor prevent by reasonable measures.
9.2. In the event of force majeure circumstances, the «Enjoy Brand» online store limits the number of Orders with the possibility of delivery on the current day.
10. Miscellaneous
10.1. The Agreement is a legally binding agreement between the Parties and contains the rules for making purchases in the «Enjoy Brand» online store.
10.2. The manufacturer reserves the right to change the design, specifications, appearance and equipment of the goods without prior notice to the seller (online store). All information presented on the site regarding configurations, technical characteristics, and color combinations is for informational purposes and under no circumstances is a public offer determined by the provisions of Article 437 (2) of the Civil Code of the Russian Federation.
10.3. Making purchases in the «Enjoy Brand» online store is possible only on the terms of this Agreement.
10.4. The Buyer, making a purchase in the «Enjoy Brand» online store, accepts the terms of this Agreement without reservation and in full.
10.5. A court's recognition of any provision of the Agreement as invalid and / or unenforceable does not entail the invalidity and / or unenforceability of other provisions of the Agreement or the entire Agreement as a whole.
10.6. All disputes and disagreements that have arisen or may arise from the Agreement shall be subject to resolution through negotiations on the basis of a written application from the Buyer. The Seller, after receiving the claim from the Buyer, is obliged to satisfy the claims stated in the claim or send a reasoned refusal to the Buyer within 20 (twenty) days. If the arisen dispute is not resolved in a complaint procedure within 60 (sixty) days, either of the Parties has the right to apply for a dispute resolution in court.
10.7.The inaction of the Seller in the event that the Buyer violates the terms of the Agreement does not deprive the Seller of the right to defend his interests later, and does not mean that the Seller waives his rights if the Buyer commits similar or similar violations in the future.
10.8. The agreement can be changed by the «Enjoy Brand» online store without any special notice. The new version of the Agreement comes into force after 3 (three) days from the date of its posting on the website of the «Enjoy Brand» online store, unless otherwise provided by the new version of the Agreement.
10.9. The Seller has the right to terminate the Agreement if the Buyer violates its terms or on other grounds provided for by the current legislation of the Russian Federation.
10.10. For all actions of the Parties performed on the terms and in pursuance of this Agreement, the time of their execution is set according to Moscow time.
11. Legislation
Civil Code of the Russian Federation
Federal Law of the Russian Federation "On Protection of Consumer Rights"
"Rules for the Sale of Goods by Remote Method", approved by the Decree of the Government of the Russian Federation dated September 27, 2007 No. 612
Resolution of the Government of the Russian Federation of January 19, 1998 No. 55, containing:
• The list of durable goods, which are not subject to the buyer's requirement to provide him with a free-of-charge for the period of repair or replacement of similar Goods;
• A list of non-food Products of good quality that cannot be returned or exchanged for a similar Product of a different size, shape, dimension, style, color or configuration.
• "The list of technically complex Goods, in respect of which the consumer's requirements for their replacement are subject to satisfaction in the event of significant deficiencies in the Goods", approved by the Decree of the Government of the Russian Federation dated May 13, 1997 No. 575.
