1. General provisions.
1.1. This agreement determines the procedure of implementation of Products purchase and sale by the Seller through the online store in accordance with article 405 of the Civil Code of the Republic of Belarus (hereinafter – CC of BLR) and is an official public offer of the Seller, addressed to an indefinite group of persons.
1.2. The fact of acceptance (admission) by the Buyer of the conditions of this Agreement is a message about the selection and ordering of products sent by clicking the key “Place an order” in the section “Basket” via electronic communication, in the manner and according to the conditions determined by this Agreement and the conditions (paragraph 3 of article 408 of the Civil Code of the Republic of Belarus).
1.3. When the Buyer and the Seller are jointly mentioned in the text of this agreement, they are called as the Parties, and each individually as a Party.
1.4. Each Party guarantees to the other Party that it has the appropriate right and sufficient legal capacity, as well as all other rights and powers necessary for the conclusion and fulfillment of this agreement.
1.5. By placing an Order of Products through the online store, the Buyer accepts and agrees to all the conditions mentioned in this agreement and to the information posted on the Site at the time the Seller accepts the Order.
1.6. The following is applied to the relations between the Parties according to this Agreement: the requirements of the Laws of the Republic of Belarus “On Trade”, “On Protection of Consumer Rights” and other normative-legal acts of the Republic of Belarus regulating problems of retail purchase and sale.
1.7. The Seller reserves the right to make changes to this agreement and to the information on the Site, in connection with which the Buyer guarantees to take into account possible changes at the time of contacting the Seller with an Order of Products.
1.8. The publication of information that obviously does not correspond to the product, including prices, photos and product descriptions, is recognized as a technical error.
2. Formalization and terms of order fulfillment.
2.1. The Buyer implements formalization of an order through the Site.
2.1.1. When placing an Order through the Website, the Buyer fills in an electronic form of the Order of the Products and sends the generated Order to the Seller via the Internet.
2.2. The information in the Order received by the Seller is agreed with the Buyer or the Recipient by contact phone or e-mail in order to clarify, among other things, the specific date and time of delivery of the Products. The specific date and time of delivery depends on the selected product, the place of delivery and the time required by the Seller to process the Order.
2.3. When placing an Order through the Site, the Buyer receives a notification e-mail to the e-mail address specified by him, confirming the fact that the Buyer has completed the Order form on the Seller’s website. This notification letter is not a confirmation of the Order acceptance by the Seller.
2.4. In case when the Seller does not have the required Products or the required quantity of Products in the Seller’s storehouse, the Seller informs the Buyer about this by the contact number indicated in the Order. The Buyer has the right to agree to accept the Products in the quantity available from the Seller, or refuse (cancel) the Order.
2.5. If the Buyer has questions regarding the description, features and characteristics of the Products, before placing an Order, the Buyer must contact the Seller by phone or using the online consultation services indicated on the Website of the online store couture.by.
2.6. The Seller has the right to refuse the client to confirm or fulfill the order if it detects a technical error related to the operation of the software on the Seller’s side, or third-party services that ensure its operation, including those resulting of illegal actions by third parties.
3. Delivery of products.
3.1. When ordering the Products by the Buyer with the terms of delivery, the Seller will make every effort to comply with the delivery time of the Products indicated on the Site or agreed with the Buyer after placing the order, while not excluding the reasons that may arise and affect the delivery time in the form of unforeseen events and circumstances, occurred through no fault of the Seller.
3.2. The risk of accidental loss or accidental damage of the Products passes to the Buyer or Recipient at the time of Products transfer or affixing a personal signature by the Buyer or Recipient of the Products in documents confirming the delivery of the Products.
3.3. At the time of Products delivery, the delivery person demonstrates to the Buyer and/or Recipient the appearance and completeness of the Products. If the products have external defects, the buyer has the right to refuse the products.
3.4. The Buyer or Recipient at the time of receiving of the Products receives a package of Products documents:
— cash voucher, provided that payment is made at the time of receiving the order;
— warranty card if it is provided by the manufacturer.
3.5. After the receiving the Products by the Buyer or the Recipient, the Seller does not accept claims for the quality and completeness of the Products, with the exception of claims that have the conclusion of an authorized service center as justification.
3.6. Checking the Products must be implemented with the preservation of the marketable condition.
4. Payment for products.
4.1. The price of the Products is indicated next to a specific product name on the Website of the couture.by online store on the products page in Belarusian rubles and includes value added tax.
4.2. The price of the Products on the Website of the couture.by online store can be changed by the Seller unilaterally. In this case, the price of the Products, for which the Order is placed, will not be changed.
4.3. Payment for the Products by the Buyer or the Recipient is made in the currency chosen by the Buyer in the form and methods specified by the Seller in the section “payment and delivery” on the Website of the online store couture.by.
4.4. The Seller has the right to provide the Buyer or the Recipient with discounts on the Products and establish a bonus program. Types of discounts, the procedure and conditions for accrual and providing of bonuses are indicated on the Website of the online store in public access and can be changed by the Seller unilaterally.
5. Warranties and responsibility.
5.1. The Seller is not responsible for damage caused to the Buyer or the Recipient as a result of the latter’s improper use of the Products purchased in the Seller’s online store.
5.2. The Seller is not responsible for the content and operation of other Internet sites.
5.3. The Seller has the right to assign or in any other way transfer his rights and obligations, connected with his relationship with the Buyer, to third parties.
5.4. The Seller is not responsible for the consequences connected with the actions of the Buyer or the Recipient in the case when the Products purchased from the Seller are used for entrepreneurial purposes.
5.5. The Seller is not responsible for the losses of the Buyer or the Recipient appeared as a result of:
— providing false information when approving the Order, including incorrect indication of identification information;
— lawless actions of third parties.
5.6. The Buyer or the Recipient is fully responsible for the accuracy of the identificational information specified by him when ordering the Products in the online store.
5.7. The Parties are released from responsibility because of full or partial non-fulfillment of their obligations if such non-fulfillment was the result of force majeure circumstances that appeared after the entry into force of this Agreement and/or as a result of emergency events that the Parties could not foresee and prevent by reasonable measures.
5.8. In other cases not prescribed in paragraph 5.7 of this agreement, the Parties are responsible for non-fulfillment or improper fulfillment of their obligations in accordance with the current legislation of the Republic of Belarus.
5.9. In the case of an unreasonable refusal to purchase the products, the Buyer is obliged to compensate the Seller’s expenses connected with the Products delivery to the Buyer, as well as 20% of the cost of the products if the Buyer chooses the payment method “At the post office (cash on delivery)”, the delivery method “Delivery by post”.
6. Other conditions.
6.1. The law of the Republic of Belarus is applied to the relationship between the Buyer and the Seller.
6.2. In case of questions and claims from the Buyer or the Recipient, he must contact the Seller by phone or through the form “Feedback” on the Website of the online store.
6.3. The Parties will try to resolve all appeared disputes through negotiations. If a mutually beneficial agreement is not reached, the dispute between the Parties will be submitted for consideration to the judicial authority in accordance with the current legislation of the Republic of Belarus.
6.4. Recognition by the court of the non-validity of any provision of this agreement does not entail the non-validity of its other provisions.
6.5. The Seller has the right to use the Buyer’s email address and phone numbers to send informational messages.
6.6. The Seller has the right, before delivery of the products ordered by the Buyer, to require from the Client 100% prepayment of the ordered products. The Seller has the right to refuse the Buyer to deliver the products in the case of absence of such payment. The Seller has the right to require from the Buyer 100% prepayment of the ordered products in the following cases:
— if the Buyer previously made orders, but refused to buy back the ordered products delivered on time and in good quality,
— because of other reasons at the discretion of the online store.
6.7. The Seller has the right to make restrictions on the Products delivered to the Buyer at the same time.
6.8. The Seller has the right not to confirm or cancel the order and notify the Buyer about it, refuse to pay and/or sell the Products at the specified price if it was the result of a technical error or illegal actions of third parties. The cost of the products may be the result of these circumstances, if it differs from the median of the cost of this products model/modification on the market by more than 20% at the present time. In this case, the Seller has the right to refuse payment and/or sale of this product at the specified price.
7. Details of the Seller.
Individual entrepreneur Drschilovskaya Marina Konstantinovna
UNP 692238514
