Public Offer
1. TERMS AND DEFINITIONS
1.1. Online store – the seller's website, which contains a catalog of goods offered for sale to buyers remotely by placing orders, as well as indicating the terms of payment and delivery of such orders and other mandatory information, the provision of which to the buyer is established by current legislation.
1.2. Seller's website (website): https://byjelia.com
1.3. Seller: Individual Entrepreneur Dzhelilova Diana Magomedovna (TIN: 051203521556).
1.4. Buyer – a fully capable individual registered on the seller's website with the intention to order / purchase goods, or indicated as the recipient of the goods, or paying and/or using goods purchased on the seller's website, exclusively for personal, family, household and other needs not related to entrepreneurial activity.
1.5. Recipient – the buyer or a third party acting on behalf of the buyer when receiving the goods, to whom the buyer has provided the order number.
1.6. Goods – items not withdrawn from civil circulation and offered for sale on the website exclusively for personal, family, household and other needs not related to entrepreneurial activity.
1.7. Order – a duly executed request from the buyer for the purchase and delivery of goods presented on the seller's website.
1.8. Promotion – an offer addressed to buyers to purchase goods under certain conditions (at a certain price / with a certain discount, for a limited period of time and in a specified assortment), published on the seller's website.
1.9. Information services – services provided by the seller to notify the buyer about the operation of the online store and send product information.
1.10. Delivery service – a third party that, under an agreement with the seller, provides services for delivering orders to the buyer and, if necessary, accepts payment for the goods on behalf of the seller.
2. GENERAL PROVISIONS
2.1. This document is a Public Offer Agreement and contains all essential terms for organizing remote sales (i.e., through an online store) and providing information services.
2.2. The seller reserves the right to unilaterally amend this Public Offer Agreement by publishing them in advance on the website.
2.3. The address of the current version of the Public Offer Agreement on the internet is: https://byjelia.com.
2.4. In case of acceptance of the terms of this Public Offer Agreement of the online store (in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of Russia), the citizen making the acceptance of the offer becomes the buyer. Acceptance is the fact of registration in the online store and placing an order.
2.5. Registration, ordering, and subsequent payment by the buyer of an order placed in the online store signifies the buyer's full agreement with the terms of the Public Offer Agreement of the online store, and the date of the buyer's registration in the online store is the date of conclusion of the Public Offer Agreement between the online store and the buyer.
The buyer agrees to these terms (taking into account periodic amendments thereto, as well as the terms of Promotions posted on the seller's website) when placing an order – by clicking the "Place Order" button.
2.6. Relations concerning the protection of consumer rights are regulated by the Civil Code of the Russian Federation, the Law "On Protection of Consumer Rights," and other federal laws and legal acts of Russia adopted in accordance therewith.
3. SUBJECT OF THE AGREEMENT AND PRICE OF GOODS
3.1. The seller transfers, and the buyer accepts and pays for the goods under the terms specified in this Agreement. The ownership of the ordered goods passes to the buyer from the moment of actual transfer of the goods to the buyer and the latter's payment of the full cost of the goods.
3.2. This Agreement governs the sale and purchase in the online store, including:
- the buyer's voluntary selection of goods in the online store;
- the buyer's placement of an order in the online store;
- the buyer's payment for an order placed in the online store;
- the fulfillment and transfer of the order to the buyer's ownership under the terms of this Agreement.
3.3. The prices for the goods are determined by the seller unilaterally and without dispute and are indicated on the pages of the online store located at: https://byjelia.com.
3.4. The price of the goods is indicated in Russian rubles.
3.5. The offer to conclude an Agreement for a specific product is valid for the period the product is available on the seller's website, provided that the product is in stock at the seller's warehouse.
3.6. The goods may have minor differences from the image presented on the website in terms of color, shape, size, or other parameters. Any characteristics of the goods may be changed by the manufacturer without prior notice.
3.7. The goods, in cases provided for by the legislation of the Russian Federation, have all the necessary certificates and fully comply with the norms and requirements of the legislation of the Russian Federation.
4. BUYER'S PERSONAL DATA
4.1. When placing an order, the Buyer provides the Seller with personal data necessary for the execution of this Agreement.
4.2. The seller is not responsible for the accuracy and correctness of the information provided by the buyer on the website and/or when placing an order. The seller is not responsible for non-fulfillment of obligations due to the buyer providing inaccurate information about themselves.
4.3. By providing contact details when placing an order, the buyer agrees to the Policy on the processing of personal data published at: https://byjelia.com.
5. ORDER PLACEMENT PROCEDURE
5.1. Registration on the website is not required to place an order. The buyer has the right to place an order through the website, as well as through messengers (WhatsApp, Telegram) and social networks of the Seller. In this case, the terms of this Offer also apply to the relations between the parties.
5.2. After completing the order placement, the seller may clarify the order details by contacting the buyer by phone number provided by them.
5.3. After processing the order, the seller sends the buyer an order confirmation notification via email, via SMS to the contact details provided during registration.
5.4. If the order cannot be confirmed by the seller on the terms proposed by the buyer, including if the seller does not have the required quantity of the ordered goods in stock, the seller informs the buyer about this by phone number/email provided by them. The buyer may agree to accept the goods on the seller's terms (e.g., in the quantity available from the seller), change the order and replace the goods with a similar one, or cancel this item in the order. If no response is received from the buyer within 3 (three) calendar days from the date of notification, the seller has the right to cancel the order in whole or in part by sending a message to the buyer's email address specified during registration.
5.5. In case of full or partial cancellation of a prepaid order, the cost of the canceled items is refunded by the seller to the buyer to the settlement account from which the payment was made, in the manner prescribed by section 7 of these Terms.
5.6. The seller has the right to unilaterally set the maximum number of items in one order and the maximum cost of one order.
6. COST AND PAYMENT PROCEDURE FOR ORDERS
6.1. The total cost of the order consists of the cost of goods in the online store and the cost of delivery.
6.2. The buyer pays for the order in any way available for selection in the online store https://byjelia.com. The seller has the right not to ship and cancel an unpaid order.
6.3. The buyer is notified that the sale of goods in the online store is carried out in real-time (around the clock) and implies changes in price and availability without prior notice. In this regard, the goods are reserved for the buyer only after the order is processed by the online store's picking service.
7. GOODS DELIVERY
7.1. Delivery of goods within the territory of the Russian Federation is carried out by a Delivery Service engaged by the seller. Delivery methods are indicated on the website in the "Delivery and Payment" section. Available delivery methods depend on the buyer's location (delivery address).
By agreement with the Seller, delivery may be carried out outside the Russian Federation. The cost and terms of such delivery are determined individually.
7.2. The buyer's selection of the appropriate delivery method signifies the buyer's agreement to the delivery of goods on the terms and at the cost of the Delivery Service.
7.3. In case the buyer provides an incorrect delivery address or other contact details that prevent the delivery of the order, repeated delivery actions are carried out with the relevant additional costs borne by the buyer.
7.4. The total delivery time of goods from the warehouse consists of the order processing time and the delivery time. The delivery time indicated in the online store is approximate and depends on the chosen delivery method.
7.5. The buyer undertakes to accept the order within the agreed delivery times. The delivered goods are transferred to the buyer, and in their absence – to any person presenting proof of order or other document confirming the order for delivery of the goods.
7.6. The seller strives to adhere to the agreed delivery times as much as possible. The seller is not responsible for possible delivery delays due to unforeseen circumstances that occurred through no fault of the seller, which could not have been foreseen.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Seller undertakes to:
8.1.1. From the moment of concluding this Public Offer Agreement, fully fulfill all obligations to the buyer in accordance with the terms of this Agreement and current legislation. The seller reserves the right not to fulfill obligations under the Agreement in case of force majeure circumstances.
8.1.2. Process the buyer's personal data and ensure their confidentiality in accordance with current legislation.
8.2. The Seller has the right to:
8.2.1. Unilaterally amend this Agreement, prices for goods and tariffs for related services, methods and terms of payment and delivery of goods by posting them on the pages of the online store located at https://byjelia.com. All changes come into force immediately after publication and are considered brought to the buyer's attention from the moment of such publication.
8.2.2. Before delivering the goods ordered by the buyer, demand 100% prepayment of the ordered goods from the buyer. The seller has the right to refuse to deliver the goods to the buyer if such payment is not made.
8.2.3. Send messages of an advertising and informational nature to the buyer via email and SMS newsletters with information about discounts, promotions, new arrivals, etc., in accordance with the Policy on the processing of personal data, located at the link: https://byjelia.com.
The frequency of mailings is determined by the seller independently and unilaterally.
8.3. The Buyer undertakes to:
8.3.1. Before concluding the Agreement, familiarize themselves with the content and terms of the Agreement, and the prices for goods offered by the seller in the online store https://byjelia.com.
8.3.2. The buyer agrees that the seller, in order to fulfill this Agreement, has the right to transfer the buyer's personal data to third parties.
8.3.3. For the seller to fulfill its obligations to the buyer, the latter must provide all necessary data that unequivocally identifies them as the buyer and is sufficient for delivering the ordered goods to the buyer.
8.3.4. Pay for the ordered goods and their delivery under the terms of this Agreement.
8.3.5. Not to use the goods ordered in the online store for entrepreneurial purposes.
8.3.6. In case of questions and claims from the buyer, they should contact the Customer Service of the online store by phone number indicated on the website. All arising disputes will be settled by the parties through negotiations; if an agreement is not reached, the dispute may be submitted to court in accordance with the current legislation of the Russian Federation.
9. RETURN OF GOODS BY THE BUYER
9.1. The buyer has the right to return goods of proper quality in the manner and under the conditions established by current legislation, subject to the observance of a specific procedure. The procedure for return is described in the "Returns" section.
10. LIABILITY OF THE PARTIES
10.1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the parties bear responsibility in accordance with the legislation of the Russian Federation.
10.2. All textual information and graphic images posted in the online store https://byjelia.com have a legal right holder; illegal use of such information and images is prosecuted in accordance with the current legislation of the Russian Federation.
10.3. Limitation of the online store's liability for the Goods and their use:
- violation by the buyer of the established rules for using the goods releases the online store from liability;
- the online store is released from liability for non-fulfillment or improper fulfillment of obligations if it proves that the non-fulfillment or improper fulfillment of obligations occurred due to force majeure, as well as for other reasons provided by law;
- the online store is released from liability for harm caused to the buyer's life, health, or property due to design, manufacturing, formulation, or other defects of the Goods, if it proves that the harm was caused due to the buyer's violation of the established rules for the use, storage, or transportation of the goods.
11. OTHER CONDITIONS
11.1. All disputes related to the non-fulfillment or improper fulfillment of their obligations under this Agreement will be settled by the parties through negotiations.
11.2. If an agreement is not reached during negotiations, disputes will be resolved in court in accordance with the current legislation of the Russian Federation.
12. TERM OF THIS AGREEMENT
12.1. This Agreement comes into force from the moment of its publication on the website https://byjelia.com.
13. COMPANY DETAILS
Individual Entrepreneur Dzhelilova Diana Magomedovna
OGRNIP: 326050000096243,
TIN: 051203521556
Email: by.jelia@yandex.ru
