The subject of this Agreement is to provide the User with the opportunity to purchase Goods presented in the Online Store catalog at http://www.my-choupette.ru for personal, family, household and other needs not related to entrepreneurial activities. This Agreement applies to all types of Goods and services presented on the Website, as long as such offers with descriptions are present in the Online Store catalog.
Registration on the Website is carried out automatically when placing an order. Registration on the Website is not mandatory for placing an Order. My-choupette shall not be liable for the accuracy and correctness of information provided by the User during registration. The User undertakes not to disclose to third parties the login and password specified by the User during registration. In the event that the User suspects a security breach of their login and password or the possibility of their unauthorized use by third parties, the User undertakes to immediately notify My-choupette thereof by sending an appropriate email to: zakaz@my-choupette.ru. Communication between the User/Customer and Call-center operators / managers and other representatives of My-Choupette and other Sellers shall be based on the principles of generally accepted morals and communication etiquette. The use of profanity, foul language, offensive expressions, as well as threats and blackmail is strictly prohibited, regardless of the form and to whom they are addressed.
The Seller ensures the availability of Goods presented on the Website at its warehouse. Photographs accompanying the Goods are simple illustrations and may differ from the actual appearance of the Goods. Descriptions/specifications accompanying the Goods do not claim to be exhaustive and may contain typographical errors. To clarify information about the Product, the Customer shall contact Customer Support. Information presented on the Website is updated every 24 hours. In the event of absence of Goods ordered by the Customer from the Seller's warehouse, the latter shall have the right to exclude the specified Goods from the Order / cancel the Customer's Order, notifying the Customer thereof by sending an appropriate electronic message to the address specified by the Customer during registration (or by a call from a Call-center operator). In the event of cancellation of a fully or partially prepaid Order, the cost of the cancelled Goods shall be refunded by the Seller to the Customer by the method by which the Goods were paid for. The Customer bears full responsibility for providing incorrect information that resulted in the impossibility of proper performance by the Seller of its obligations to the Customer.
After placing an Order on the Website, the Customer is provided with information about the estimated delivery date by phone. The manager servicing this Order clarifies the details of the Order, agrees on the delivery date, which depends on which legal entity/individual entrepreneur is the Seller of the Goods ordered by the Customer, the availability of ordered Goods at the Seller's warehouse, and the time required for processing and delivery of the Order. The expected date of transfer of the Order to the Delivery Service of the relevant Seller is communicated to the Customer by the manager servicing the Order via email or during a control call to the Customer. The date of transfer of Goods may be changed by the Seller unilaterally in the event of objective reasons, at the Seller's discretion.
The methods, as well as approximate delivery times for Goods sold by My-Choupette, are indicated on the Website in the "Delivery" section in the product card, as well as in the cart at http://www.my-choupette.ru/cart/. Specific delivery times may be agreed upon by the Customer with the Call-center operator upon order confirmation. Delivery delays are possible due to unforeseen circumstances not caused by the Seller's fault.
Upon delivery, the Order is handed over to the Customer or a third party specified in the Order as the recipient (hereinafter the Customer and the third party are referred to as the "Recipient"). In case of impossibility of receiving the Order paid for by cash by the above-mentioned persons, the Order may be handed over to a person who can provide information about the Order (shipment number and/or Recipient's full name), as well as pay the full cost of the Order to the person delivering the Order. In order to prevent fraud, as well as to fulfill its obligations, when delivering a prepaid Order, the person delivering the Order shall have the right to request an identity document of the Recipient, as well as indicate the type and number of the document provided by the Recipient on the order receipt.
The risk of accidental loss or accidental damage to the Goods passes to the Customer from the moment the Order is transferred to them and the Recipient of the Order signs the documents confirming delivery of the Order. In the event of non-delivery of the Order, the Seller shall reimburse the Customer for the cost of the prepaid Order and delivery in full upon receipt from the Delivery Service of confirmation of loss of the Order. The delivery cost for each Order is calculated individually, based on information about the Seller of the ordered Goods, weight of the Goods, region and method of delivery, and (if necessary) form of payment, and is indicated on the Website at the final stage of Order placement.
The User understands and agrees that: delivery is a separate service, not an integral part of the Goods purchased by the Customer. Claims regarding the quality of the purchased Goods arising after receipt and payment of the Goods shall be considered in accordance with the Law of the Russian Federation "On Protection of Consumer Rights" and warranty obligations of the relevant Seller. In this regard, the purchase of Goods with delivery does not grant the Customer the right to demand delivery of the purchased Goods for warranty service or replacement, does not enable warranty service or replacement of Goods by visiting the Customer, and does not imply the possibility of refund of the delivery cost of the Goods in cases where the Customer is entitled to a refund for the Goods as such, in accordance with the Law of the Russian Federation "On Protection of Consumer Rights".
The Seller's obligation to transfer the goods to the Customer shall be deemed fulfilled at the moment the courier hands over the Goods to the Recipient or the Recipient receives the Goods at the post office branch or at a pre-agreed order pick-up location (including at a pick-up point). When receiving the Order at the post office branch, the Recipient, after payment for the delivered Goods, shall inspect the delivered Goods and open them in the presence of Russian Post employees to check the Goods for compliance with the stated quantity, assortment and completeness of the Goods, as well as check the service life of the delivered Goods and the integrity of the packaging. In case of claims against the delivered Goods (shortage, insertion of Goods different from those specified in the shipment inventory, manufacturing defect, other claims), at the instruction of the Recipient, the Russian Post employees shall draw up an Act on identified discrepancies. If the Recipient has not made any claims in the above manner, then the Seller shall be deemed to have fully and properly fulfilled its obligation to transfer the Goods.
In the event of return of goods delivered by Russian Post/other delivery service due to claims against the Goods, the Recipient shall attach the following documents to the Shipment containing the returned Goods:
application for refund of funds;
copy of payment receipt;
copy of the Shipment inventory;
return form.
When accepting the Order from the courier, the Recipient shall inspect the delivered Goods and check them for compliance with the stated quantity, assortment and completeness of the Goods, as well as check the service life of the delivered Goods and the integrity of the packaging. In the absence of claims against the delivered Goods, the Recipient signs the "Order Delivery Form" or other similar document provided by the courier, and pays for the Order (in the absence of 100% prepayment). The signature on the delivery documents confirms that the Recipient has no claims against the Goods and that the Seller has fully and properly fulfilled its obligation to transfer the Goods. The time couriers delivering goods stay at the Recipient's address is limited to 15 minutes.
The Goods presented on the Website comply in quality and packaging with GOST and TU, which is confirmed by relevant documents (certificates, etc.). The date, time and, if necessary, delivery route can be clarified with the manager who contacts the Customer to confirm the Order or with the courier making the delivery; while employees and call-center specialists undertake to provide any possible assistance and take measures depending on them to provide the Customer with such information.
The price of goods sold in the Online Store is indicated in rubles of the Russian Federation and includes value added tax if the relevant Seller applies the general taxation system. The price of the Goods is indicated on the Website. In case of incorrect indication of the price of the Goods ordered by the Customer, the Seller shall inform the Customer thereof to confirm the Order at the corrected price or cancel the Order. If it is impossible to contact the Customer, this Order shall be deemed cancelled. If the Order was paid for, the Seller shall refund to the Customer the amount paid for the Order by the same method by which it was paid. The price of the Goods on the Website may be changed by the Seller unilaterally. However, the price of the Goods ordered by the Customer shall not be subject to change. The price of Goods may be differentiated by region.
In accordance with the regulation of the Central Bank of the Russian Federation "On the Issue of Bank Cards and on Operations Performed Using Payment Cards" dated December 24, 2004 No. 266-P, transactions on bank cards are performed by the cardholder or a person authorized by them. Authorization of transactions on bank cards is carried out by the bank. If the bank has reason to believe that the transaction is fraudulent, the bank shall have the right to refuse to carry out this transaction. Fraudulent transactions with bank cards fall under Article 159 of the Criminal Code of the Russian Federation. In order to avoid various types of unlawful use of bank cards when paying, all Orders placed on the Website and prepaid by bank card are checked by the Seller. For the purpose of verifying the identity of the owner and their authority to use the card, the Seller shall have the right to require the Customer who placed such an order to present an identity document.
My-Choupette.ru shall have the right to provide discounts on Goods and establish a bonus program. Types of discounts, bonuses, procedure and conditions for accrual are determined by the Sellers independently and are indicated on the Website and may be changed by the Seller unilaterally. When carrying out marketing activities involving the insertion of any objects in shipments with the Customer's Order, delivery of such inserts is carried out at the Customer's expense. In order to refuse the insert, the Customer shall contact the Customer Service Department. An Order shall be considered incomplete if the Customer has communicated a change in purchase decision before the start of order assembly at the warehouse. If the Customer has communicated this to the Seller after the start of order assembly at the warehouse, such Order shall be considered rejected.
My-Choupette shall have the right to make a decision to block the "Upon Receipt" payment method for the Customer in relation to Goods sold by My-Choupette in the following cases:
if according to the specified statistics within the framework of previously placed 2 or more consecutive orders, the volume of Goods rejected by the Customer exceeds 80 percent of the total volume of delivered Goods.
The Customer will be able to use the "Upon Receipt" service again after purchasing one to three orders totaling 5,000 rubles within three months.
If the Customer has committed or was suspected of committing illegal acts aimed at causing losses to the Company (theft, robbery, robbery, fraud, intentional damage to property, etc.);
If the Customer, in the opinion of My-Choupette, behaved incorrectly when communicating with the call-center operator, sales representative, other employees of the Company and/or committed intentional acts against the Company's employees (causing harm to health of varying severity, hooliganism, insults, threats, restriction of freedom, etc.). The Seller shall not be liable for damage caused to the Customer as a result of improper use of Goods purchased in the Online Store. The Seller shall not be liable for the content and functioning of external sites.
Return of Goods sold by My-choupette is carried out in accordance with the "Return Conditions" indicated on the Website at https://my-choupette.ru/obmen-i-vozvrat-tovara/. Rules for the return of Goods may be established by each relevant Seller independently and are published on the corresponding Seller's Page. My-Choupette has no obligations regarding the return of Goods sold by other Sellers.
The Customer shall have the right to refuse the ordered Goods at any time before receiving them, and after receiving the Goods — within 14 days, excluding the day of purchase. Return of Goods of proper quality is possible if their marketable appearance, consumer properties, as well as the document confirming the fact and conditions of purchase of the specified Goods are preserved. Upon refusal of the Customer from the Goods, the Seller shall refund the cost of the returned Goods, excluding the Seller's expenses associated with the delivery of the Goods returned by the Customer, within 10 days from the date of receipt of the returned Goods at the Seller's warehouse together with the return application filled out by the Customer. If at the time of the Customer's application a similar product is not available for sale from the Seller, the Customer shall have the right to refuse to perform this Agreement and demand a refund of the amount paid for the specified Goods. The Seller shall return the amount paid for the returned Goods within 10 days from the date of return of the Goods.
Within the warranty period, the consumer shall have the right, at their choice, to apply with a claim for the return of goods of inadequate quality to the manufacturer, seller or importer. Goods of inadequate quality mean goods that are defective and cannot ensure the performance of their functional qualities. The received Goods must correspond to the description on the Website. The appearance and completeness of the Goods, as well as the completeness of the entire Order, may be checked by the Recipient at the time of delivery of the Goods. Upon delivery of the Goods, the Customer signs the delivery receipt in the column: "Order accepted, completeness complete, no claims regarding the quantity and appearance of the goods", or in another similar document issued by the Seller, in the column providing for the Customer to mark the absence of claims regarding the completeness and quantity of the Goods.
If the Customer was delivered Goods of inadequate quality and this was not previously agreed upon by the Seller, the Customer shall have the right to use the provisions of Art. 18 "Rights of the consumer upon detection of defects in the goods" of the Law on Protection of Consumer Rights. Claims for refund of the amount paid for the goods are subject to satisfaction within 10 days from the date of presentation of the relevant claim (Art. 22 of the Law of the Russian Federation "On Protection of Consumer Rights"). Refund of funds is carried out by refunding the cost of the paid Goods to the bank card. In the event of cancellation or return of a fully or partially prepaid Order, the cost of the cancelled Goods is refunded by the Seller to the Customer by the method by which the Goods were paid for. The method must be indicated in the relevant field of the Goods return application, which can be found at https://my-choupette.ru/obmen-i-vozvrat-tovara/, or in another similar document issued by the Seller.
Methods of refunding funds paid for Goods of inadequate quality sold by Sellers other than My-Choupette are determined by such Sellers independently and are indicated on the corresponding Sellers' Pages.
The Seller shall not be liable for damage caused to the Customer as a result of improper use of Goods purchased in the Online Store. The Seller shall not be liable for the content and functioning of external sites.
An electronic gift certificate grants the right to a one-time payment for a purchase on the Choupette online store website.
In the event that the cost of the goods paid for by electronic certificate is less than the certificate's face value, the difference between the electronic certificate's face value and the purchase price shall not be compensated in cash equivalent; the balance of the certificate amount in this case shall be reset to zero. In the event that the cost of the goods purchased by electronic certificate exceeds the electronic certificate's face value, the customer shall pay the remaining amount of the online order by card or cash when placing the order on the website or upon receiving the order at the time of delivery.
Return or exchange of the electronic certificate for the corresponding cash equivalent is not permitted. The electronic certificate is representative and freely transferable. The gift electronic certificate may be used (applied to purchase) only on the my-choupette.ru online store website. After placing an order for an electronic gift certificate, the valid certificate with a unique code is sent to the client by email as an attached file. Activation of the card is performed by entering the electronic certificate (gift card) number when placing an order in the "Certificate" field.