1. GENERAL PROVISIONS
1.1. This document (hereinafter — the "Offer") is a proposal by Sole Proprietor Voistinnykh Iuliia Iuryevna, Tax ID (INN) 771532906401, OGRNIP 326774600279901, hereinafter referred to as the "Seller," to enter into an agreement for the remote sale of products (books) on the terms set out below, with any individual who has reached the age of 18.
1.2. In accordance with Clause 2, Article 437 of the Civil Code of the Russian Federation (hereinafter — the "Civil Code"), this document is a Public Offer, and if the terms set out below are accepted and the Seller's products are paid for, the person who accepted this Offer becomes the "Buyer" (in accordance with Clause 3, Article 438 of the Civil Code, acceptance of the Offer is equivalent to concluding a contract on the terms set out in the Offer, which is unconditionally accepted by both parties).
1.3. The relationship between the Buyer and the Seller is governed by this Offer, the Civil Code of the Russian Federation, the Law of the Russian Federation "On the Protection of Consumer Rights" No. 2300-1 dated February 7, 1992, the Rules for the Remote Sale of Goods approved by Decree of the Government of the Russian Federation No. 612 dated September 27, 2007 "On Approval of the Rules for Remote Sale," Federal Law No. 152-FZ "On Personal Data" dated July 27, 2006, and other applicable laws of the Russian Federation.
1.4. Full and unconditional acceptance of the terms of the Offer occurs when the Client makes a voluntary payment for any of the products (books) offered on the website.
1.5. The date the remote sale-purchase agreement is concluded is deemed to be the date funds are received in the Seller's settlement account.
1.6. The period during which the offer to conclude a remote retail sale-purchase agreement remains valid is unlimited.
2. TERMS AND DEFINITIONS
2.1. For the purposes of a uniform understanding of this Offer, the terms below are used with the following meanings:
Acceptance of the Offer — full and unconditional acceptance of the Offer by paying for the product.
Offer — this document, published by the Seller on the Internet on the Website at: https://julia-nutrimind.com/ofertabook, and its subdomains, and also, if necessary, sent for informational purposes by email or provided by any other means.
Agreement — an agreement for the remote sale of products, concluded between the Buyer and the Seller by acceptance of the Offer, based on the Buyer having reviewed the product description provided by the Seller online, without the possibility of directly examining such product beforehand.
Website — a collection of web pages published on the Internet, united by a common theme, design, and a single domain address space at https://julia-nutrimind.com, the exclusive rights to which belong to the Seller, used by the Seller to publish information about the Seller's products in text, graphic, and/or audio form, and open for prospective buyers to freely browse (hereinafter — the "Website").
Seller — Sole Proprietor Voistinnykh Julia Yuryevna, Tax ID (INN) 771532906401.
Buyer — any individual who has reached the age of 18 and who has ordered and paid for the Provider's product for personal, household, or other needs not related to business activity (their own beauty/health, as a gift, or other personal reasons).
Product — a unit of book production, i.e., a non-periodical publication reproduced either on paper (printed book) or on technical information media (e-book), published on the Website and available for sale.
Order — the Buyer's duly formalized decision to purchase a Product, made on the Website by filling out an order form (completing the relevant fields in the special order form on the website) for the purchase and delivery of the Product to the address specified by the Buyer.
Download — the Buyer's act of recording (copying) the Product onto their computer, smartphone, or other electronic device.
2.2. All other terms used in the text of this Offer are interpreted by the Parties in accordance with the applicable legislation of the Russian Federation and the customary rules of interpretation established on the Internet.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to transfer ownership of the Products listed on the Website to the Buyer, subject to their availability in the Seller's stock, and the Buyer undertakes to make payment and accept the Products.
3.2. The Product may only be used for personal purposes, as well as for family, household, and other needs not related to business activity. The Buyer is prohibited from:
· transferring or distributing the Product to third parties, in whole or in part;
· reproducing copies of the Product or parts of it in any tangible form, if such reproduction is intended for further distribution;
· communicating the Product to the public via the Internet or other digital networks, including posting the Product on any websites, mobile applications, or other resources;
· reworking, modifying, or otherwise adapting the content of the Product;
· taking any other action with respect to using the Product that violates intellectual property protection legislation.
3.3. Information about the Products, their characteristics, cost, and payment procedures, as well as other information or requirements that must or may be communicated to the Buyer under applicable Russian Federation legislation, is deemed to have been properly provided to the Buyer if such information:
3.3.1. Is published on the Website, including as part of the text of the Offer;
3.3.2. Is communicated to the Buyer via electronic messages sent by the Seller to the email address provided by the Buyer during registration and payment for the Services.
3.4. Ownership rights and the risk of accidental loss or damage to the Products transfer to the Buyer at the moment the Buyer accepts the Products.
4. PLACING AN ORDER
4.1. Before filling out the order form on the website, the Buyer must review the product information published on the website, decide to make the purchase, and determine the quantity of the Product.
4.2. After deciding to make a purchase, the Buyer fills out the electronic order form on the website, providing the following information: last name, first name, phone number, email address, delivery method and address for the Product, and other information requested in the registration form.
4.3. If any previously provided Buyer data changes, including data necessary for the Seller to properly fulfill its obligations under this Agreement, the Buyer must promptly notify the Seller using the contact details listed on the Website.
4.4. After placing an Order, the Buyer receives information about their Order's details at the email address, phone number, or other means of communication they provided. The Seller also reserves the right to confirm Order details with the Buyer using the contact information provided by the Buyer in the Order.
4.5. After placing an Order, the Buyer is provided with an estimated delivery date for their Order. The delivery date depends on the availability of the ordered Products in the Seller's stock and the time needed to process and deliver the Order. The Seller may unilaterally change the date the Product is handed over to the Buyer.
4.6. The Seller reserves the right to cancel an Order within 48 hours of its acceptance if the Products ordered by the Buyer are unavailable in the Seller's stock, if the Seller is unable to contact the Buyer to clarify Order details, or in other cases at the Seller's discretion, and to refund the Buyer if the Order was paid (or partially paid), which the Seller will communicate to the Buyer using the contact details provided at registration. Funds are refunded by the Seller to the same bank details from which payment for the relevant Order was made.
4.7. The Seller has the right to unilaterally limit the number of items in a single Order, and the number of Orders from a single Buyer.
5. PAYMENT TERMS AND PROCEDURE
5.1. The Product's price is determined unilaterally by the Seller and is indicated on the Seller's Website. Current prices and product availability are indicated on the Website.
5.2. The cost of delivery is not included in the Product's price; it is determined based on the delivery method chosen by the Buyer and is paid separately.
5.3. The Seller has the right to apply discounts to the price of products (including delivery), various bonuses and promotions, and to change or cancel them unilaterally at any time.
5.4. The Buyer pays for the Product in the currency of the Russian Federation — rubles — with 100% prepayment. Partial payment for an order, as well as paying for a single order using different bank cards, is not permitted.
5.5. Payment is possible using the following methods: non-cash payment using bank cards, electronic payments, or a non-cash transfer to the Seller's bank account. Payment methods are indicated on the Website. The agreed payment method is the one chosen by the Buyer from the available payment methods when placing the order.
5.6. The payment date is deemed to be the date the funds are received in the Seller's settlement account.
5.7. The Seller has the right to unilaterally change the prices of Products. New prices and payment terms take effect on the date they are published on the Website, including through amendments to the terms of this Offer.
6. DELIVERY OF THE PRODUCT TO THE BUYER
Delivery of printed products.
6.1. The Seller delivers the Product via third-party courier services (СDEK, Boxberry, Yandex Delivery, etc.). The Buyer chooses the delivery method that is convenient for them: Russian Post; Russian Post EMS courier delivery; the СDEK transport company; the Boxberry transport company; pickup in Moscow; or courier delivery to the door in Moscow. The agreed delivery method is the one chosen by the Buyer from the available delivery methods when placing the order.
6.2. The Seller bears all costs of delivering the Product to the Buyer. The cost of delivery via Russian Post within Russia and abroad (including CIS countries) depends on the destination and is calculated according to postal tariffs. The cost of delivery via transport companies is calculated according to the transport companies' tariffs and is paid by the Buyer directly to the transport company upon receipt of the Product. The cost of courier delivery within Moscow is calculated according to the courier service's tariffs and is paid to the courier upon receipt of the Product.
6.3. The Seller hands over the packaged Product for shipment within three business days of receiving a paid order.
6.4. After shipping, the Seller sends the Buyer a tracking number, the carrier's contact information, and other data that allows the Buyer to track their Order up to the point of delivery. The Seller does not independently track the Order; this is the Buyer's responsibility.
6.5. Delivery times depend on the delivery method chosen by the Buyer, are determined by the transport organization, and depend on the recipient's region. The Seller is not liable for delays in delivering the Product to the Buyer if the Product was handed over to the transport organization on time.
6.6. When delivering the Product via a transport company/courier, the obligation to hand over the Product is deemed fulfilled, and the Product is deemed handed over to and accepted by the Buyer, from the moment the delivery note provided by the transport company/courier is signed.
6.7. By accepting the Product, the Buyer confirms that the Seller has properly fulfilled its obligation to hand over the Product and that there are no complaints regarding the completeness, quantity, or quality of the Product as part of the Order.
Delivery of electronic products (on technical information media).
6.8. Electronic products (a book publication on technical information media) are delivered by sending a file to the Buyer's email address provided when placing the order on the Website.
6.9. The Seller provides the Buyer with the electronic product no later than 24 hours after confirming the payment made and/or identifying the Buyer as the payer of the payment made and/or as the person entitled to receive the Product.
6.10. The Buyer has the right to use the purchased electronic Product for personal purposes: downloading, reviewing the text, reading, etc. The Buyer has the right to store copies of the Works on any personal device belonging to them.
6.11. After receiving and unpacking the electronic Product, complaints from the Buyer regarding quantity and quality of the Product will not be accepted.
6.12. If delivery deadlines for Products are violated due to force majeure circumstances, the Seller is not deemed to be in delay of delivery.
7. RETURN AND EXCHANGE OF PRODUCTS
7.1. The Buyer has the right to cancel the Order and request a refund at any time:
· before being notified that the Product has been handed over to the delivery service,
· or before the electronic file containing the electronic copy of the Product publication is sent to the Buyer's email.
To do so, the Buyer must send a request to the Seller stating the reasons for the return, using the contact details listed on the Website.
7.2. The Seller will review the request within three calendar days of receiving it. A refund will be issued within 10 (ten) calendar days from the date of the Buyer's request.
7.3. Returning an electronic product of proper quality is technically impossible, since the electronic file with its content in any case remains on the Buyer's electronic devices.
Return of products of proper quality.
7.4. The Buyer is informed that book products of proper quality received by the Buyer are not subject to return or exchange (Clause 14 of the List of Non-Food Products of Proper Quality Not Subject to Exchange, approved by Decree of the Government of the Russian Federation No. 2463 dated December 31, 2020).
7.5. The Buyer does not have the right to return a Product of proper quality that has individually defined properties (including the author's personal signature/autograph) if such Product can be used exclusively by the Buyer.
7.6. The Buyer has the right to decline a Product of proper quality purchased remotely and to request a refund within seven calendar days of receiving the product, provided the following conditions are met:
· the product's presentation, consumer properties, individual packaging, seals, and labels are preserved, and a document confirming the fact and terms of its purchase is available;
· the product does not have individually defined properties that mean it can be used exclusively by that specific Buyer.
7.7. If the individual sealed packaging of the Product (book) has been opened, indicating that the product has been used (read), a request to return a product of proper quality will not be accepted. In this case, the product may only be returned if there are hidden defects in the printed book production (a printing or manufacturing defect).
7.8. If the Buyer declines a Product of proper quality after payment, the Seller will refund the funds received from the Buyer, minus the Seller's costs of transporting the product to the buyer and back. The refund is issued via non-cash transfer to the Buyer's bank details within 5 (five) banking days from the date the returned product is received by the Seller.
Return of printed products of improper quality.
7.9. The Buyer checks that the received Products match in quantity and quality at the moment of receipt. If the Product received is defective, incomplete, or does not match what was ordered, the Buyer must complete and send the Seller a Discrepancy Report. The report must include the following information: the Buyer's last name and first name, a list and quantity of the Products received, any facts of damage to the Product, visible defects, and the Buyer's bank details for the refund.
7.10. Complaints about defects or other non-conformities of a Product sold remotely that are not hidden in nature and could be discovered when the Product is handed over to the Buyer must be reported by the Buyer immediately, at the moment the product is received.
7.11. Complaints about hidden defects in the Product related to improper quality of the printed book production (a printing or manufacturing defect) that could not be discovered by a superficial inspection are accepted within 15 (fifteen) calendar days from the date the Product was handed over to the Buyer.
7.12. The Buyer is notified of the decision made after reviewing the Discrepancy Report using the contact details provided when placing the Order. The refund is issued via non-cash transfer to the Buyer's bank details within 5 (five) banking days from the date the refund decision was made.
7.13. The appearance of the Product handed over to the Buyer may differ slightly from the photograph of the Product presented on the Website in terms of color shade, size/format, number of pages (in different print runs, if the layout changes), and other minor parameters that do not affect the content of the work presented in the book.
Return of electronic products of improper quality.
7.14. A product on technical information media of improper quality means a product unable to provide its functional qualities due to a significant defect (a software malfunction: it does not open, does not display, etc.).
7.15. Returning an electronic product of improper quality is technically impossible, since the electronic file with its content in any case remains on the Buyer's electronic devices.
7.16. If defects are found in the electronic product that prevent its intended use, the Buyer must:
· restart the device;
· check for the programs necessary to read the electronic product;
· if the necessary programs are missing, install/update them.
7.17. If the Buyer has taken all steps to resolve the defect, the Seller will resend a working file to the Buyer's email.
8. LIABILITY OF THE PARTIES
8.1. The Buyer bears full responsibility for providing incorrect information that results in the Seller being unable to properly fulfill its obligations to the Buyer.
8.2. The Website, Products, and their components may contain links to other websites on the Internet (third-party websites). The Seller is not responsible to the Buyer for any information or materials published on third-party websites accessed by the Buyer, or for any losses or damages the Buyer may incur in connection with the use and content of third-party websites referenced on the Website.
8.3. The Seller does not guarantee that the Buyer will achieve any particular results from purchasing the Product, since the Buyer's own actions are outside the Seller's control. The Buyer must independently and repeatedly, on a daily basis, take action to apply the information presented in the book in order to achieve results.
8.4. The Seller is not responsible for the content of Buyer reviews of the Product published on the Website, as they express the opinions of the Buyers, not the Seller.
8.5. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if such failure is a direct result of force majeure circumstances arising after acceptance of this Agreement, resulting from extraordinary events, namely: fire, flood, hurricane, or earthquake, or the imposition by government authorities of restrictions on the activities of either Party, provided the Parties could neither foresee nor prevent such circumstances through reasonable measures.
9. PROCEDURE FOR PROCESSING PERSONAL DATA
9.1. The relationship between the Seller and the Buyer regarding the processing of personal data is governed by Federal Law No. 152-FZ "On Personal Data" dated June 27, 2006 (hereinafter — "Law No. 152-FZ"), the terms of this Agreement, and the Personal Data Processing Policy (hereinafter — the "Policy"). The Buyer can review the terms of the Policy on the Website.
9.2. In accordance with Subclause 5, Clause 1, Article 5 of Law No. 152-FZ, the Seller processes the Buyer's personal data (whether or not using automation tools), including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, and destruction of personal data, in order to fulfill the Seller's obligations to the Buyer under this Agreement.
9.3. By placing an Order on the Website, the Buyer, simultaneously with accepting the Offer, gives their consent to the Seller to process their personal data without any exceptions, including consent for the Seller to transfer personal data to third parties in order to fulfill the terms of this Agreement.
10. ADDITIONAL TERMS
10.1. All results of intellectual activity used and published on the Website/Products, as well as the Website itself, are the intellectual property of the Seller and are protected by intellectual property legislation. Any use of the results of intellectual activity published on the Website, including but not limited to: the Product, parts thereof, texts, graphic images, illustrations, photos, videos, and other items, without the Seller's permission, is unlawful and may be grounds for legal action and for holding violators civilly, administratively, and/or criminally liable in accordance with the legislation of the Russian Federation.
10.2 Reviews are published on the Website after being received by the Seller from the Buyer, without additional approval. The Buyer guarantees to the Seller that they own the property rights to use the results of intellectual activity or means of identification contained in the review (including text, drawings, photographic images, video materials, etc.), or that they use them lawfully with the consent of the rights holders.
The Seller reserves the right to delete any review at any time, without explanation and without prior agreement with the Buyer who authored the relevant review.
10.3. The Seller has the right, at its own discretion and at any time, to make changes to the design and content of the Website without additional notice to the Buyer, to remove Products, and to expand the range of services offered to the Buyer in connection with the use of the Products, as well as to publish its own advertising materials and third-party advertising/informational materials on the Website.
10.4. The Seller has the right to freely use and manage statistical information related to the use and functioning of the Website and the Product, as well as data related to the Buyer's use of them, including for the purpose of improving user experience and for exercising the rights and obligations the Seller has assumed in fulfilling this Agreement.
10.5. The Parties will attempt to resolve all disputes, disagreements, questions, or claims that may arise between them during the performance of this Agreement through negotiations, following a pre-litigation (claim) procedure. Claims must be reviewed within 10 (ten) business days from the date the Seller receives them from the Buyer, unless otherwise provided by the terms of this Agreement.
10.6. If the Parties fail to reach an agreement, all possible disputes arising from the relationship governed by the terms of this Agreement shall be resolved in court in accordance with the applicable legislation of the Russian Federation.
10.7. This Agreement takes effect from the moment it is accepted by the Buyer and remains in effect until the Parties have fully fulfilled the terms of this Agreement, or until acceptance of this Agreement is withdrawn by either the Buyer or the Seller.
10.8. This Agreement may be amended by the Seller at any time, at its own discretion, unilaterally and without prior notice to the Buyer, by publishing the current edition of the Agreement on the Seller's Website. The new edition of the Agreement takes effect from the moment it is published on the Website, unless otherwise provided by the terms of the new edition of the Agreement.
10.9. Matters not settled by this Agreement shall be resolved in accordance with the legislation of the Russian Federation.
11. SELLER'S DETAILS
Sole Proprietor Voistinnykh Iuliia Iuryevna
Tax ID (INN) 771532906401
OGRNIP 326774600279901
Account number: 40817810200000008900
Beneficiary bank: T-Bank JSC
BIK 044525974
Correspondent account: 30101810145250000974
Bank INN: 7710140679
Bank KPP: 771301001
Email: voistinnykh@gmail.com
Phone: +7 (968) 087-45-45