Last updated: 14 January 2020.
1. General Provisions
1.1. This User Agreement (hereinafter — the "Agreement") is an offer of the Individual Entrepreneur Yastrebova Marina Aleksandrovna (Address: 111673, Moscow, Novokosinskaya str. 12/2, apt. 264; INN: 772034192509; OGRNIP: 311774607300490; Bank details: Account 40802810838000087215 in PAO SBERBANK Moscow, BIK 044525225, correspondent account 30101810400000000225) (hereinafter - the "Seller") to the persons who meet the following criteria for determining the "Buyer", conclude an agreement on the purchase of goods on the Internet - the online store "MOYCHAY.COM" located on the website at the addresses:
https://moychay.ru, https://moychay.com, https://moychay.nl, https://shop.moychay.nl (hereinafter - the "Site"), on the terms specified in this Agreement, and is an offer in accordance with Art. 435 of the Civil Code of the Russian Federation.
1.2. This Agreement with other documents and information posted in the relevant sections of the Site at present or in the future, determining the conditions for the sale / purchase of goods, the rights and obligations of Buyers, the conditions of sale and settlement, are in essence a legally binding agreement between the Seller and the Buyer.
1.3. A prerequisite for Buyers in accordance with this Agreement is familiarization with the provisions of each of the sections of this Agreement, as well as other documents and information posted and available for reading in the relevant sections of the Site, as well as full and unconditional acceptance of all the terms of this Agreement (each clause Agreement and the entire Agreement as a whole), as well as additional conditions, established by documents and information posted on the Site.
1.4. Full and unconditional acceptance of this Agreement is considered to be the implementation by the Buyer of one of the following conclusive actions:
• Placement of an Order for the Goods presented on the Site in the manner and on the terms established in this Agreement.
• Registration on the website.
1.5. The relations between the Buyer and the Seller are governed by the provisions of the Civil Code of the Russian Federation (hereinafter - the "RF") on retail purchase and sale, the Law of the Russian Federation "On Protection of Consumer Rights" dated 07.02.1992 No. 2300-1, Resolution of the Government of the Russian Federation dated 27.09.2007 N 612 "On approval of the Rules for the sale of goods by remote means" and other legal acts adopted in accordance with them.
1.6. The Seller reserves the right to make changes and / or additions to the terms of this Agreement by posting such changes and / or additions in the appropriate section of the Site. Continuation of the Buyer's use of the Site services after the Seller makes changes / additions to this Agreement means the unconditional and full acceptance and consent of the Buyer with such changes / additions.
2. Terms and definitions
Buyer -
a capable individual who has reached the age of 18, or who has reached the age of 14 and has the consent of parents or other legal representatives, placing Orders on the Site or indicated as the Recipient of the Goods.
Seller -
Individual entrepreneur Yastrebova Marina Aleksandrovna (Address: 111673, Moscow, Novokosinskaya str. 12/2, apt. 264; INN: 772034192509; OGRNIP: 31177460G7300490; Bank details: Account 40802810838000087215 in PAO SBERBANK Moscow, BIK 044525225, correspondent account 30101810400000000225).
Good -
any product offered for sale on the Site.
Order -
a completed Buyer's request for the delivery to the specified address of the Goods selected and / or paid by the Buyer.
Online store -
a tea and tableware store "MOYCHAY.COM", owned by the Seller, located on the Internet on the Site. It presents the Goods offered by the Seller to its Buyers for placing Orders, as well as other conditions for purchasing these Orders to Buyers.
Delivery service -
a third party that provides services for the delivery of Orders to Buyers under an agreement with the Seller.
The personal account -
the Buyer's personal section on the Site, which allows you to place Orders, access to which is provided to the Buyer after registration on the Site.
Account -
information that the Buyer indicates about himself when entering or registering on the Site.
Site user or User -
any person who entered the Site.
Cookies (cookie files) -
small data files created by the Site. They are sent to the device of users while using the Site and are saved on the device, so that they can then be re-transmitted to the Site the next time they visit it to simplify the work with the Site and to save information about its preferences.
Tags or web beacons -
code fragments embedded in the Site code that collect information about user behavior on the Site.
3. Order placement and User Registration on the Site
3.1. To place an Order, the Buyer must register on the Site and / or purchase the Goods without registration, as a guest of the Site.
3.1.1. To register in the Site, the Buyer must:
1) Register an Account using one of the following options:
Option 1. Fill in the Site's registration form with the following data:
• Buyer's name;
• correct valid phone number of the Buyer (optional);
• correct valid email address (e-mail) of the Buyer;
• password for subsequent entry into the Buyer's Personal Account;
• re-entering the password for subsequent entry into the Buyer's Personal Account.
Option 2. Authorize through a social network, subject to the preliminary registration of an account in one of the social networks by clicking (clicking) on the corresponding social network icon located next to the registration form of the Site. Authorization using social networks means clicking (clicking) on the field "Login with Facebook" or "Login with VKontakte", or "Login with Twitter".
When authorizing through a social network, the Buyer provides the Seller for the purpose of registering on the Site and / or placing an Order, contained in the social network profile, namely the "open profile", which includes the first and last name (as they are indicated when registering on the social network), the current photo profile, age category to which the Buyer belongs, gender and other public information, as well as the e-mail address, if specified by the Buyer when registering on the social network.
2) After completing the registration process on the Site, the Buyer is assigned the login and password specified during registration for the subsequent entry into the Buyer's Personal Account.
3.1.2 To place an order on the Site, the Buyer must:
1) In the section of the Site “Catalog” select the desired Good by specifying its name, required weight and / or quantity. After clicking on the "Add to bag" field, the specified Good will appear in the "Bag" section of the Site.
2) Go to the “Bag” section of the Site.
3) Choose one of the proposed delivery methods for the Goods (self-pickup is carried out only on the territory of Moscow).
4) Choose one of the proposed methods of payment for the Goods.
5) Fill in the form offered by the Site for the delivery of the Goods with the following data:
• Name and Surname of the Buyer;
• correct valid email address (e-mail) of the Buyer to confirm the Order;
• correct valid phone number for the delivery of the Goods;
• correct valid delivery address of the Goods (indicating the country, city and zip code) / when picking up one of the stores offered by the Site;
• If you have any wishes and / or comments to the Order, indicate them in the "Comments" field.
6) Confirm the Order by clicking on the "Send order" field.
7) Read the text of this Agreement, provide consent to the processing of personal data provided during registration on the Site and / or placing an Order, by clicking on the appropriate hyperlinks offered by the Site, and in case of agreement with this Agreement and processing of personal data provided during registration on the Site and / or placing an Order, as well as subject to reaching the age of 18 by the time of registration on the Site and / or placing an Order, either at the age of 14 and having the consent of parents or other legal representatives, put a check mark in front of the following inscriptions, which means “I agree”:
By registering / placing an Order, I agree with the User Agreement and agree to the processing of my personal data.
Refusal to accept this Agreement and to provide consent to the processing of personal data in the manner specified in this paragraph means the Buyer's refusal to place an Order. Persons under the age of 14 are not allowed to place an Order and register on the Site.
8) After placing and paying for the Order, the Buyer is sent a message to the email address (e-mail) specified by the Buyer, confirming the Order.
The Seller may additionally request from the Buyer other information which is necessary to fulfill the Seller's obligations to the Buyer.
When re-placing an Order if the Buyer has a Personal Account entering the data provided for in subparagraph 5) of paragraph 3.1.2. of this Agreement is not required, the form proposed by the Site will automatically display the information specified by the Buyer earlier.
3.2. Placing an Order by the Buyer means sufficient and complete familiarization of the Buyer with the Good, its characteristics and qualities.
3.3. The Seller is not responsible for the correctness of the information provided by the Buyer when registering on the Site and / or placing an Order. The Buyer himself bears full personal responsibility for the content and accuracy of the information provided by him.
3.4. The Buyer has the right to edit the registration information.
3.5. The Buyer undertakes not to disclose to third parties the login and password specified during registration on the Site. In case of unauthorized use of the Buyer's login and password by third parties, the Buyer must immediately notify the Seller by sending an email to the email address: info@moychay.com.
3.6. The Seller has the right to block the Buyer's Personal Account if there is a suspicion of its unauthorized use by third parties, or if the Buyer's registration information contains inaccurate data.
3.7. The Seller has the right to fully or partially cancel the Order if the Seller does not have the required quantity of the ordered Goods in the warehouse, in which case the Seller informs the Buyer by e-mail or telephone.
3.8. In case that the Seller cancels the paid Order, the value of the canceled Order is returned by the Seller to the Buyer in the way in which the Goods were originally paid.
3.9. By placing the Order, the Buyer agrees that the Seller can entrust the fulfillment of his obligations to the Buyer to third parties, while remaining responsible for their fulfillment.
4. Cost, payment for the Goods and refund
4.1. The price for each item of the Goods is indicated on the Site in the "Catalog" section.
4.2. The price indicated on the Site for a Good temporarily unavailable for sale is not valid. When the Good appears on sale, the price may change.
4.3. In case of a discrepancy between the price of the Goods displayed in the "Catalog" section and the price displayed in the Order Bag at the last stage of placing an Order, the purchase price of the Goods is the price displayed in the Order Bag. The price of the Goods can be changed by the Seller unilaterally at any time before the completion of the Order.
4.4. In case of a technical failure on the Site that occurred for any reason, the Seller has the right to cancel the Order unilaterally.
4.5. If, as a result of a technical failure on the Site, the Order was placed with an erroneous price for the Goods, the Seller informs the Buyer about this to confirm the Order at the corrected price. If the Buyer refuses, or if it is impossible to contact the Buyer within 2 (Two) business days, this Order is considered canceled, and the Seller returns to the Buyer the amount paid for the Order in a manner similar to the prepayment.
4.6. The total cost of the Order includes the cost of the Goods and the cost of delivery services.
4.7. Payment for the Order is carried out in any convenient way by the Buyer:
4.7.1. Cash - only when choosing a courier delivery of the Order or pickup.
4.7.2. Webmoney, QIWI wallet - payment can be made through a wallet of one of the specified payment systems (if available), or through any payment terminal.
4.7.3. Cashless payments - for legal entities.
4.7.4. By money transfer of one of the payment systems: Migom, Zolotaya Korona or Western Union.
4.7.5. PayPal.
4.7.6. Cash upon receipt at the Russian Post offices - for postal orders with cash on delivery.
4.7.7. By card online on the Website or offline for courier delivery of the Order in Moscow or for pickup.
4.7.7.1. The site is connected to Internet acquiring, and payment can be made using bank cards: Visa, MasterCard, Maestro and MIR.
After confirming the selected Order, a secure window will open with the payment page of the CloudPayments processing center, where the Buyer must enter the bank card details.
For additional authentication of the cardholder (Buyer), the 3D Secure protocol is used. If the Bank that issued the card used by the Buyer when paying for the Order supports this technology, the Buyer will be redirected to the server of the corresponding Bank for additional identification.
Information about the rules and methods of additional identification can be clarified with the Bank that issued the bank card.
4.7.7.2. Security guarantees when paying by credit card online.
CloudPayments processing center protects and processes bank card data in accordance with PCI DSS security standard.
Information is transmitted to the payment gateway using SSL encryption technology. Further transmission of information takes place through closed banking networks with the highest level of reliability. CloudPayments does not transfer bank card data to the Seller and other third parties. For additional authentication of the cardholder, the 3D Secure protocol is used.
In case the Buyer has questions about completed payment, the Buyer can contact the customer support of the payment service by e-mail support@cloudpayments.ru
4.8. The refund of the amount paid for the Goods is carried out in the same way that was used by the Buyer to pay for the Goods - by transferring the appropriate amount to the Buyer's bank card, from which the payment was made, in the following terms:
4.8.1. Due to the cancellation of the Order by the Seller - within 10 (Ten) calendar days from the moment the Buyer was informed about such a decision;
4.8.2. Due to the cancellation / partial cancellation of the Order by the Buyer before the transfer of the Goods - within 10 (Ten) calendar days from the receipt of the Buyer's written application for the return of funds;
4.8.3. Due to the return of the Goods by the Buyer - within 10 (Ten) calendar days from the date of receipt of the Goods by the Seller (return).
5. Goods delivery
5.1. The ways of delivery of the Goods are indicated on the Website in the "Delivery" section.
5.2. The cost of delivery of the Order is calculated individually, based on the territory and way of delivery and is indicated at the stage of ordering on the Site.
5.3. The term for the execution of the Order depends on the availability of the ordered items of the Goods in the Seller's warehouse, the time required to process the Order, and also on the way of delivery of the Goods chosen by the Buyer.
5.4. Delays in delivery are possible due to unforeseen circumstances that occurred through no fault of the Seller.
5.5. The risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment the Goods are received by the Buyer or the recipient. The date of delivery of the Goods to the relevant Buyer or recipient is determined by the date of transfer of the Order to the Buyer or recipient in the hands, or in the case of delivery of the Order sent by courier service or the Russian Post, transfer of the relevant Order by the Seller to the operator of the courier delivery service or to the Russian Post office for sending to the relevant Buyer or recipient.
5.6. The seller is not responsible for the delivery of the Order sent by courier service or Russian Post. Failure to receive a prize sent by a courier service or Russian Post, through the fault of the respective Recipient, means that such Recipient has refused from the corresponding Order. Failure to receive the Order by the relevant Buyer or recipient, if such non-receipt is not associated with the actions / inaction of the relevant Buyer or recipient, means that the latter has the right to file a claim with the courier service or the Russian Post (as applicable) in accordance with Federal Law No. 176- of July 17, 1999 Federal Law "On Postal Service". If, after submitting such a claim, the search for the corresponding postal item does not yield results, the corresponding Buyer / recipient has the right to be reimbursed by the telecom operator (courier service or Russian Post) for losses in the manner prescribed by the Federal Law "On Postal Service".
5.7. Upon delivery of a prepaid Order, an employee of the Delivery Service has the right to request a document proving the identity of the Buyer and / or the recipient of the Order for affixing the type, number and other details of the document provided by the Buyer and / or the recipient of the Order on the receipt (other accompanying document) to the Order. An employee of the Delivery Service has the right to refuse to transfer the Order to a person who was not marked as the recipient of the Goods when placing the Order, as well as to a person who refused to provide an identity document.
5.8. When delivering the Goods abroad, the customs service of the country of the recipient of the Goods may additionally require you to specify the details of an identity document.
5.9. When transferring the Order, the Buyer or the recipient (if the recipient of the Order is a person other than the Buyer) must check the appearance and integrity of the Order packaging, the quantity of the Goods in the Order, the completeness and assortment and sign a document confirming the receipt of the Order. After signing by the Buyer or the recipient in the document confirming the receipt of the Order, the Seller has the right to refuse to the Buyer claims to the appearance and integrity of the Order's packaging, the quantity of the Goods in the Order, the completeness and range of the Goods.
5.10. If the Buyer provides inaccurate personal information, as well as inaccurate personal information about the Recipient of the Goods (if the Recipient is a person other than the Buyer), the Seller is not responsible for the execution of the Order.
5.11. The Buyer understands and agrees that delivery is a separate service that is not an integral part of the Goods purchased by the Buyer. The purchase of the Goods with delivery does not give the Buyer the right to demand delivery of the purchased Goods for the purpose of replacement, does not make it possible to replace the Goods by visiting the Buyer and does not imply the possibility of refunding the cost of delivery of the Goods in cases where the Buyer has the right to a refund for the Goods as such, in in accordance with the Law of the Russian Federation "On Protection of Consumer Rights".
6. Advertising campaigns, promotions and discounts
6.1. The Seller has the right to conduct promotional activities, marketing campaigns and set discounts (hereinafter - the "Promotion") in order to attract the attention of the end consumer to the Seller's Goods. In this case, the Seller sets the rules for the conduct and validity of the Promotion.
6.2. By taking part in the Promotion, namely by performing a sequence of implicit actions specified in the rules of the Promotion published on the Site, the participant confirms that he is familiar with and agrees with these rules. Informing the participants / potential participants of the Promotion about the terms and conditions of its holding, as well as in the event of a change and / or early termination, is carried out by posting on the Site.
6.3. When holding the Promotion, the Seller at his own expense has the right to invest any Goods in the Buyer's Order without prior notice to the Buyer.
6.4. The Seller has the right to sell Goods for the Promotion, including, but not limited to:
• Purchase of sets (combinations of Goods) at a single price;
• When buying one Good, you get the second for half the cost;
• When buying one Good, you get the second for free;
• Purchase of goods using a promotional code.
6.5. The Seller has the right to unilaterally cancel the Promotion or change the conditions of its implementation at any time.
6.6. The number of Goods for the Promotion is limited.
6.7. The purchase of the Goods for the Promotion is possible only if the Seller has the relevant Goods.
6.8. When placing one Order, the Buyer has the right to use only one promotional code.
6.9. The Buyer does not have the right to use a promotional code to purchase a Product participating in the Promotion or if the Product is sold at a discount (if applicable for the relevant Promotion).
7. Return of Goods
The Buyer has the right to refuse the Goods at any time before the transfer of the Goods to the Buyer, as well as on the following conditions:
7.1. Return of non-food products of proper quality:
7.1.1. Within 15 (Fifteen) calendar days from the date of transfer of the Goods to the Buyer. The return of the Goods is possible if the Goods were not in use, their consumer properties, presentation, packaging, complete set, labels, as well as a document confirming the purchase of the specified Goods have been preserved.
7.1.2. The return of the Goods can only be carried out in full. In case of return of the Goods purchased for the Promotions, the prerequisite of which is the purchase of several Goods on special conditions, the following rules apply:
• The Buyer is obliged to return to the Seller all the Goods purchased for the Promotion. The cost of the Goods is not refunded if all the Goods purchased under the Promotion are not returned to the Seller;
• In the case of a new Order after the return of the Product, the Seller does not guarantee that the Promotion will still be valid for this Product;
• In case of re-ordering the usual delivery rules apply.
7.1.3. The Buyer does not have the right to return the Goods of good quality specified in the List of non-food goods of good quality that cannot be returned or exchanged, approved by the Decree of the Government of the Russian Federation of 01.19.1998 No. 55.
7.1.4. The exchange and return of the Goods is made on the basis of an application completed and signed by the Buyer.
7.1.5. If the Buyer refuses the Goods in accordance with clause 11.1.1. of this Agreement, the Buyer shall reimburse the Seller for the delivery costs of the Goods. The Seller returns the cost of the Goods, excluding the Seller's expenses for the delivery of the Goods, no later than 10 (Ten) calendar days from the date of receipt of the Goods by the Seller.
7.2. The Buyer has the right to return the Goods of inadequate quality to the Seller within 15 (fifteen) days from the date of transfer of such Goods to the Buyer. After this period, the specified requirements are not subject to satisfaction.
7.2.1. The Seller has the right to check the quality of the Goods. The timing of the inspection of the quality of goods is established in the Law "On Protection of Consumer Rights" dated 07.02.1992, No. 2300 -1. The Seller has the right to conduct an examination of the Goods at his own expense in the event of a dispute about the causes of defects in the Goods. According to the results of the quality check or according to the conclusion of an expert, if it is proved that the Seller is responsible for this defect, the Buyer's request is subject to satisfaction. If, according to the results of the inspection or according to the conclusion of the expert, it is established that the defect was not found, or the Seller is not responsible for it, the Buyer is obliged to compensate the Seller for the costs of the inspection or examination and transport costs.
7.2.2. If, during the transfer of the Order by the Buyer, discrepancies in the quantity and / or assortment of the Goods in the Order are found, the Buyer must cancel this Order and issue a new one. The Buyer is obliged, in the presence of an employee of the Delivery Service, to draw up an Act on discrepancy in quantity and / or assortment.
7.2.3. When transferring the Order, the Buyer must check the appearance and integrity of the packaging of the Order, the quantity of the Goods in the Order, the completeness and assortment and sign a document confirming the receipt of the Order. After the Buyer has affixed his signature in the document confirming the receipt of the Order, the Seller has the right to refuse to the Buyer claims to the appearance and integrity of the Order's packaging, the quantity of the Goods in the Order, completeness and assortment of the Goods.
7.2.4. In case of violation by the Buyer of clause 11.2.2. of this Agreement in terms of drawing up an Act of discrepancy, the Seller has the right to refuse the Buyer to satisfy claims for the range and quantity of the transferred Goods.
7.3. The Buyer has the right to send all claims for improper execution of the Order to the Seller in the manner prescribed by clause 11.1.4. present Agreement.
8. Privacy Policy and Protection of Personal Information
8.1. In order to fulfill this Agreement, the Seller and other persons involved by the Seller to fulfill their obligations (hereinafter - "other partners") need the personal data of Buyers and recipients of the Order, specified by them during registration or when placing an Order on the Site.
8.2. The processing of personal data will be carried out by the Seller and other partners in compliance with the principles and rules provided for by the The General Data Protection Regulation (EU) 2016/679 (hereinafter - "GDPR").
8.3. For the purposes of this Agreement, personal data means any information relating directly or indirectly to a specific or identifiable individual (personal data subject).
The processing of personal data in this Agreement means any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing ), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data provided by the Buyer in order to accept this Agreement and its execution.
The processing of personal data is also carried out for the purposes of: registering Buyers on the Site, fulfilling Orders and delivering Goods to Buyers, for analytics of the Site's work, marketing research, conducting Promotions and advertising campaigns, sending advertising information messages, responding to requests.
By "Buyers" in this section 12 of the Agreement, we mean all persons who have provided personal data to the Seller in order to register or place an Order on the Site in accordance with the terms of this Agreement, regardless of the acquisition of the Buyer's status as defined in section 2 of this Agreement.
8.4. In order to execute this Agreement, the Seller needs the following personal data:
• data provided during registration on the Site in accordance with clause 3.1.1. Agreements;
• data provided for placing the Order and receiving it, specified in clause 3.1.2. Agreements;
• data provided when the Buyers contact in accordance with clause 11.3. Agreements (if applicable).
8.5. By accepting this Agreement, the Buyer confirms that any information voluntarily provided by him can be processed by the Seller and other partners in order to fulfill the Seller's obligations in accordance with this Offer Agreement, without obtaining additional consent from the Buyer and without paying him any remuneration for that. Buyers understand and agree that the personal data specified by them when registering or placing an order on the Site will be processed by the Seller and other partners in all necessary ways in order to fulfill this Agreement and agree to such processing when accepting this Agreement, as provided in clause 1.4. of this Agreement.
8.6. The Buyer independently and freely decides to provide the Seller with his personal data. Consent to data processing can be provided in any form that allows you to confirm the fact of its receipt, unless otherwise provided by the legislation of the European Union. In particular, consent is deemed to have been granted if the Buyer ticks the checkbox in the registration form on the Site to confirm that he agrees with this Agreement.
8.7. The Buyer understands that his personal data voluntarily provided in accordance with this Agreement can be used by the Seller (other partners), and also gives his consent to receive mailings to the e-mail address from the Seller in order to fulfill the latter's obligations, as well as to inform the Buyer on holding Promotions.
8.8. The Buyers undertake to indicate accurate and relevant (reliable) data when registering on the Site, as well as for placing an Order and receiving it.
8.9. By logging into the Site through the Social Network (clause 3.1.1. Option 2. of the Agreement), the Buyer realizes that the Social Network is a universal means of communication and people search, some data published by the owner of the Social Network profile are open by default, with which the Buyer agrees when registering on the Social Network in accordance with the rules of its functioning. The buyer, being the owner of the profile (account) in Social Network through which he is authorized on the Site has the ability to manage the privacy settings of his profile in relation to the data published by him on the Social Network (except for open data by default).
For the purposes of this Agreement, the Seller processes only those data of the Social Network (Buyers' profiles) that are open by default (name, surname and "avatar" - the Buyer's profile photo) or access to which is provided by the Buyer to an unlimited number of persons (year of birth / age, city (other locality) of the Buyer's place of residence, email address, when applicable).
8.10. According to sub. 10) clause 1 of Art. 6 of the Law "On Personal Data", it is allowed to process personal data in the case when personal data are processed, access of an unlimited number of persons to which is provided by the subject of personal data or at his request (hereinafter - "personal data made by the publicly available subject of personal data" or " publicly available personal data "). Additional consent of the personal data subject to the processing of personal data made publicly available by the personal data subject is not required.
8.11. The Seller and other partners acting on behalf of the Seller guarantee the necessary measures to protect personal data from unauthorized access. All personal data provided by the Buyers for the purpose of executing this Agreement will be stored and processed by the Seller and other partners acting on behalf of the Seller, in accordance with the current legislation of the European Union and in compliance with the guarantees specified in this Agreement.
8.12. The Seller and other partners acting on behalf of the Seller undertake to comply with the following rules and provide the Buyer with the following guarantees regarding the processing of personal data:
• ensure the processing of personal data in compliance with all applicable requirements of the legislation of GDPR in the field of personal data protection, including compliance with the principles, requirements, obligations of the operator of personal data;
• ensure the implementation and collection of personal data provided by the Buyers, including via the Internet, as well as ensure the recording, systematization, accumulation, storage, clarification (update, change), extraction of personal data provided by the Buyers using databases on the territory of the European Union and Russian Federation. Servers with databases containing personal data of the Buyers are located
within Digital Ocean RIPE Network Coordination Centre, 1001EB, P.O. Box 10096, Amsterdam, Netherlands.
Digital Ocean is a legitimate Data Processing Operator, which hosts our server. You can review it's
Data Processing Agreement
separately.
Buyers are hereby considered to be informed about the location of personal data, the collection and processing of which is carried out for the purposes of this Agreement;
• process personal data only to the extent and for the purposes of this Agreement;
• if the Seller, in order to fulfill his obligations to the Buyer, must transfer or otherwise disclose the Buyer's personal data to third parties, carry out these actions in compliance with the requirements of the legislation of the GDPR;
• be responsible for the protection and security and confidentiality of the Buyers' personal data when processing them in accordance with the requirements of the legislation of the Russian Federation.
8.13. Consent to the processing of personal data is provided by the Buyer for the entire duration of the Agreement and until the expiration of 2 (Two) years after its termination. The Buyer has the right to revoke his consent to the processing of personal data at any time by sending a notification to the Seller:
• to the email address: info@moychay.com;
• in any other way that guarantees receipt of such feedback by the Seller.
In this case, all information received from the Buyer (including login and password) is deleted from the Seller's database.
After receiving a notification from the Buyer about the withdrawal of consent to the processing of personal data, the Seller is obliged to stop their processing and ensure the termination of such processing by a person acting on behalf / on behalf of the Seller and, if the storage of personal data is no longer required for the purposes of processing personal data, to 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 90 (Ninety) days from the date of receipt of the said review, except for cases when the Seller is entitled to process personal data without the consent of the subject of personal data on the grounds stipulated by the legislation of the European Union.
9. Cookie and Tag Policy
9.1. The seller uses cookies to ensure the operation of the Site, as well as to collect analytical data.
9.2. Purpose of Cookies and Tags collected on the Site:
9.2.1. Necessary Cookies:
The usage of these functional cookies cannot be prevented when visiting the Site, as they ensure the correct operation of the Site. This includes cookies that store information of other cookie groups permissions.
• _icon_chai_session - identification of the user through a browser session, allows you to save information about the Goods in the Bag;
• user.id - allow to identify the user registered on the Site. Used only for authorization on the Site.
• menu, menu_sub - cookies responsible for the correct operation of the Site menu;
• cookies_consent - indicates if user has accepted our Cookie Policy (necessary cookies).
• maintenance_cookies_consent - indicates if user has accepted our Cookie Policy (maintenance cookies).
• statistics_cookies_consent - indicates if user has accepted our Cookie Policy (statistics cookies).
9.2.2. Maintenance Cookies:
Anonymous Cookies that allow users of the Site to navigate the Site, use its features and access secure areas. They are used for the following purposes:
• desktop_version - cookies allowing to determine whether the user wants to view the full (desktop) version of the Site on a mobile device;
• ahoy_visitor, ahoy_visit, ahoy_track, ahoy_events - for analytics of user behavior on the Site, without involving the collection of information by third-party services (Google, Yandex, etc.);
9.2.3. Statistics Cookies:
These Cookies are used for the following purposes:
• _gid, _ga, _gat, DV, 1P_JAR, OTZ, etc. - Google Analytics, marketing data, data on user behavior on the Site;
• _ym_visorc_ *, _ym_d, _ym_isad, _ym_uid, etc. - Yandex.Metrika - marketing data, data on user behavior on the Site;
• _fbp - Facebook Pixel - marketing data, data on user behavior on the Site;
• VID, FTID - LiveInternet - website user counter.
9.2.4. Third Party Cookies
These Cookies are used for the following purposes:
• 1P_JAR, APISID, HSID, IDE, DSID, NID, SAPISID, SEARCH_SAMESITE, SID, SIDCC, SSID, CONSENT, __Secure-3PAPISID, __Secure-3PAPISID, __Secure-3PAPISID, YSC, VISITOR_INFO1_LIVE, LOGIN_INFO - cookies set by Google, Youtube and their partners via embedded videos to store player preferences and settings. Some cookies may appear only if user is logged in their Google account and are processed accordingly to Google cookie policies.
Cookies are not harmful to the device as they are simply text files and not executable programs.
The Buyer has the ability to manage browser settings to block and / or delete Cookies. However, new browser settings may affect interaction with the Site and restrict access to certain functions.
9.2.5. Some pages of the Site may contain electronic images called Web beacons (single pixel GIFs, blank GIFs and pixel tags). Web beacons are used to facilitate the collection of Site statistics. Web beacons also allow you to calculate the total number of visitors to the Site who viewed certain pages of the Site and track their interaction with the content of the Site, which allows you to better personalize the content provided. Web beacons are not used to collect or access personal information.
9.2.6. The Site may contain links, maps, images, other files leading to third-party websites that are not under the control of the Seller and have their own principles of working with personal data. When accessing a third-party website, the collection, processing and storage of the Buyer's personal data will be carried out in accordance with the policies of the current website. The Seller is not responsible for the security and privacy of any information collected by third party websites.
9.3. The Seller receives information about the ip-address of the website visitor.
9.4. The Seller is not responsible for the disclosure of information provided by the Buyer on the Site in a public form.
10. Intellectual Property
10.1. The owner of the exclusive rights to the Site, including but not limited to the domain name, the logo, advertising and information materials posted on the Site, is the Seller. The Buyer or another person does not have the right to use the Site in ways not provided for in this Agreement without the written permission of the Seller, including the content of the Site cannot be reproduced, processed, distributed, displayed in a frame, published, downloaded, transmitted, sold or otherwise used in full or by parts.
10.2. None of the provisions of this Agreement, as well as other documents and information posted by the Seller on the Site, can be considered as provisions, in accordance with which the Buyer and other persons are granted any rights to use the brand name, trademarks, commercial designations, domain names , as well as any other means of individualization and means of addressing the Seller, as well as any results of intellectual activity posted on the Site. Such rights can be granted only under a separate agreement drawn up in writing on paper with the execution, if necessary, of other requirements of the current legislation of the European Union and Russian Federation to the form of such an agreement.
11. Responsibility
11.1. The Seller unilaterally has the right to transfer and / or assign its rights and obligations arising from the relationship with the Buyer to third parties.
11.2. The Seller is not responsible for the impossibility of fulfilling the Buyer's Order for any reasons beyond his control.
11.3. If the Seller violates the delivery time of the Goods to the Buyer for any reason, the Seller's responsibility for the violation is limited solely to the extension of the delivery time of the Goods.
11.4. The Seller does not bear any responsibility under this Agreement for the actions and / or inactions of any third parties, for indirect losses and / or lost profits of the Buyer and / or third parties, for payment or inability to pay for the Order, as well as for the consequences of payment or inability to pay Order.
11.5. The Seller is not responsible for any losses of the Buyer caused by this Agreement, including, but not limited to: income, loss of profits or other consequential losses.
11.6. Under this Agreement, under any circumstances, the aggregate responsibility of the Seller, for any claim against him, is limited to the amount of payment paid by the Buyer for the corresponding Order and is imposed on the Seller if there is a proven fault in his actions.
11.7. The parties are exempt from liability for violation of the terms of this Agreement if such violation is caused by force majeure circumstances (force majeure), including: actions of state authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters , lack of electricity and / or computer network failures, strikes, civil unrest, riots, pandemic, any other circumstances, not limited to those listed above, that may affect the performance by the Parties of their obligations.
11.8. The parties are released from responsibility for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances (force majeure). Force majeure circumstances include events that the parties cannot influence and for the occurrence of which they are not responsible, including, but not limited to: war, uprising, strike, earthquake, flood, other natural disasters, fire, actions and acts authorities, lack of electricity and / or failures of the computer network, and other unforeseen circumstances and events beyond the control of the parties. The party affected by force majeure must notify the other party in writing within 3 (Three) business days. If force majeure circumstances continue for more than 1 (One) month, then each of the parties has the right to refuse to further fulfill its obligations under this Agreement.
12. Other Provisions
12.1. This Agreement, the procedure for its conclusion (acceptance) and execution are governed by the current legislation of the European Union and Russian Federation.
12.2. In case of any questions and / or claims, the Buyer should contact the Seller by toll-free phone +7 495-580-97-77 or in writing to the email address info@moychay.com.
12.3. Any disputes arising out of or in connection with this Agreement will be resolved by the parties through negotiations. In case of failure to reach an agreement, disputes and disagreements shall be resolved in court in accordance with the current legislation of the European Union and Russian Federation.
12.4. The invalidity of individual provisions of this Agreement does not entail the invalidity of the Agreement as a whole. Seller shall undertake to modify, supplement or replace all or any such invalid, illegal provisions with enforceable provisions.
12.5. The Seller has the right at any time, at his discretion, to make changes, including abbreviations and additions, to the text of this Agreement, as well as to other documents and information posted by him on the Site, which entails a change in the respective rights and obligations of the parties under this Agreement, and these changes come into force simultaneously with the introduction of such changes and their publication on the Site. The Buyer undertakes to independently check the text of this Agreement, as well as other documents and information available in the relevant sections of the Site, for their changes and additions.
