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Public Offer

Basic Concepts

Website Visitor — an individual who visits the website abuterne.com without the purpose of placing an Order. User — an individual, a Website Visitor, who accepts the terms of this Agreement and wishes to place Orders in the online store abuterne.com Buyer — a User who has placed an Order in the online store abuterne.com abuterne.com — Individual Entrepreneur Cherepanov Anton Andreevich (OGRN 324385000082304, INN 381104363610). Seller — abuterne.com Individual Entrepreneur Cherepanov Anton Andreevich. Online Store — the website owned by Abuterne, located on the internet at abuterne.com, where Products are presented, as well as the terms of payment and delivery of Products to Buyers. Website — abuterne.com. Product — footwear, clothing, accessories, and other goods presented for sale on the Website. Order — a properly executed request from the Buyer for the purchase and delivery to the address specified by the Buyer / via pickup of Products selected on the Website.

1. General Provisions

1. The Seller sells Products through the Online Store at abuterne.com. 2. By ordering Products through the Online Store, the User agrees with the terms of sale of Products set forth below (hereinafter referred to as the Terms of Sale of Products). In case of disagreement with this User Agreement (hereinafter referred to as the Agreement / Public Offer), the User must immediately stop using the service and leave the website abuterne.com. 3. These Terms of Sale of Products, as well as information about the Product presented on the Website, constitute a public offer in accordance with Article 435 and Clause 2 of Article 437 of the Civil Code of the Russian Federation. 4. The Agreement may be amended by the Seller unilaterally without notifying the User/Buyer. 5. The public offer is considered accepted by the Website Visitor / Buyer from the moment of the Visitor's registration on the Website, placement of an Order by the Buyer without authorization on the Website, as well as from the moment of accepting an Order from the Buyer by phone indicated in the Contacts section of the Website. The retail sale and purchase agreement is considered concluded from the moment the Seller issues a cash or sales receipt or other document confirming payment for the goods to the Buyer. By providing the Seller with their e-mail and phone number, the Website Visitor/User/Buyer consents to the use of these means of communication by the Seller, as well as by third parties engaged by them for the purposes of fulfilling obligations to Website Visitors/Users/Buyers, for sending advertising and informational mailings containing information about discounts, upcoming and current promotions, and other events of the Seller, about transferring the order for delivery, as well as other information directly related to the fulfillment of obligations by the Buyer under this Public Offer. 6. By placing an Order, the User/Buyer agrees that the Seller may entrust the performance of the Agreement to a third party, while remaining responsible for its performance. 7. All rights and obligations under the Agreement concluded with the User arise directly with the Seller, and the Buyer, by accepting this Agreement, fully understands and agrees that in case of concluding an agreement with a Seller other than Abuterne, Abuterne is not a party to the said agreement and does not bear obligations related to its performance, except as provided by this Public Offer. 8. Within the framework of the Order, Abuterne provides the User with informational support for the agreement concluded by the User with the Seller. 9. You can place an order in the online store abuterne.com 24 hours a day, 7 days a week, except for periods of scheduled maintenance or technical failures. 10. Addresses and working hours of Order Pickup Points, through which returns can be made, are available on the website abuterne.com in the "Returns" section.

2. Subject of the Agreement

1. The subject of this Agreement is to provide the User with the opportunity to purchase for personal, family, household, and other needs not related to business activities, Products presented in the catalog of the Online Store at abuterne.com. 2. This Agreement applies to all types of Products and services presented on the Website, as long as such offers with descriptions are present in the catalog of the Online Store.

3. Registration on the Website

1. Registration on the Website is carried out on the "Registration" page. 2. Registration on the Website is not mandatory for placing an Order. 3. Abuterne is not responsible for the accuracy and correctness of information provided by the User during registration. 4. The User undertakes not to disclose to third parties the login and password specified by the User during registration. In case the User suspects that the security of their login and password is compromised or that they may be used without authorization by third parties, the User must immediately notify Abuterne by sending an email to: info@abuterne.com. 5. Communication between the User/Buyer and managers and other representatives of Abuterne and other Sellers should be based on the principles of generally accepted morality and communication etiquette. The use of obscene language, swearing, offensive expressions, as well as threats and blackmail is strictly prohibited, regardless of the form and addressee.

4. Product and Purchase Procedure

1. In case the ordered Products are not in stock with the Seller, the latter has the right to exclude the specified Product from the Order / cancel the Buyer's Order, notifying the Buyer by sending a corresponding email to the address specified by the Buyer during registration.

2. In case of cancellation of a fully or partially prepaid Order, the cost of the cancelled Product is returned by the Seller to the Buyer by the same method by which the Product was paid for. 3. The Buyer's Order is placed in accordance with the procedures specified on the Website in the "Order Placement" section. 4. The Buyer bears full responsibility for providing incorrect information that resulted in the Seller's inability to properly fulfill its obligations to the Buyer. 5. After placing the Order on the Website, the Buyer is provided with information about the estimated delivery date by sending an email to the address specified by the Buyer during registration or by phone. The manager serving this Order clarifies the details of the Order, agrees on the delivery date, which depends on the availability of the ordered Products in stock and the time required for processing and delivering the Order. 6. The expected date of transfer of the Order to the Delivery Service of the respective Seller is communicated to the Buyer by the manager serving the Order by email or during a follow-up call to the Buyer.

5. Order Delivery

1. Methods and approximate delivery times for Products sold by Abuterne are indicated on the Website in the "Delivery" section. Specific delivery terms may be agreed upon by the Buyer with the manager when confirming the order. 2. The Buyer agrees that the delivery territory of Products may be limited. 3. Upon delivery, the Order is handed over to the Buyer or a third party specified in the Order as the recipient (hereinafter the Buyer and the third party are referred to as the "Recipient"). If the Order, paid for in cash, cannot be received by the persons mentioned above, the Order may be handed over to a person who can provide information about the Order (tracking number and/or full name of the Recipient), as well as pay the full cost of the Order in cash to the person delivering the Order. 4. To avoid cases of fraud, as well as to fulfill the obligations undertaken in accordance with clause 5. of this Agreement, when handing over a prepaid Order, the person delivering the Order has the right to request an identity document from the Recipient, as well as indicate the type and number of the document provided by the Recipient on the Order receipt. The Seller guarantees the confidentiality and protection of the Recipient's personal data (section 9). 5. The risk of accidental loss or accidental damage to the Product passes to the Buyer from the moment the Order is handed over to them and the Recipient signs the documents confirming the delivery of the Order. In case of non-delivery of the Order, the Seller refunds the Buyer the cost of the prepaid Order and delivery in full after receiving confirmation from the Delivery Service about the loss of the Order. 6. The delivery cost of each Order is calculated individually, based on the weight of the Product, region and delivery method, as well as (if necessary) the form of payment, and is indicated on the Website at the final stage of placing the Order, or may be clarified by an Abuterne manager via a phone call. 7. The Seller's obligation to transfer the goods to the Buyer is considered fulfilled at the moment the courier hands the Product to the Recipient or the Recipient receives the Product at the post office or at the pre-agreed Order pickup point (including the pickup point). When receiving the Order at the transport company's office, the Recipient, after paying for the delivered Product, has the right to inspect the delivered Product and open it in the presence of the transport company's employees to check the Product for compliance with the declared quantity, assortment, and completeness of the Product. In case of claims regarding the delivered Product (shortage, inclusion of a Product different from that indicated in the shipment list, manufacturing defect, other claims), at the Recipient's request, the transport company's employees draw up an Act of Identified Discrepancies. In case of return of the delivered Product via a transport company due to claims regarding the Product, the Recipient is obliged to attach to the Shipment containing the returned Product the following documents:

  • Refund application;
  • Copy of the Act of Identified Discrepancies;
  • Copy of the payment receipt;
  • Copy of the Shipment inventory;
  • Return form.

8. When accepting the Order from the courier, the Recipient has the right to inspect the delivered Product and check it for compliance with the declared quantity, assortment, and completeness of the Product. In the absence of claims to the delivered Product, the Recipient signs the "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 indicates that the Recipient has made no claims regarding the Product and the Seller has fully and properly fulfilled its obligation to transfer the Product. 9. The time that couriers delivering goods sold by Abuterne can spend at the Recipient's address is limited to 15 minutes. 10. You can specify the date, time, and, if necessary, delivery route with the manager who contacts the Buyer to confirm the Order. Abuterne employees undertake to provide any possible assistance and take measures within their power to provide the Buyer with the necessary information related to the order.

6. Product Payment

1. The price of goods sold in the Online Store is indicated in Russian rubles. 2. The price of the Product is indicated on the Website. In case of an incorrect price indication for the Product ordered by the Buyer, the Seller informs the Buyer to confirm the Order at the corrected price or cancel the Order. If it is impossible to contact the Buyer, this Order is considered cancelled. If the Order was paid for, the Seller refunds the Buyer the amount paid for the Order by the same method by which it was paid. 3. The price of the Product on the Website may be changed by the Seller unilaterally. However, the price for the Product ordered by the Buyer is not subject to change.

7. Peculiarities of Payment for Goods by Bank Cards:

1. In accordance with the Regulation of the Central Bank of the Russian Federation "On the issuance of bank cards and on operations performed using payment cards" dated December 24, 2004 No. 266-P, operations with bank cards are performed by the cardholder or a person authorized by them. 2. Authorization of bank card transactions is carried out by the bank. If the bank has grounds to believe that the transaction is fraudulent, the bank has the right to refuse to perform this operation. Fraudulent operations with bank cards fall under Article 159 of the Criminal Code of the Russian Federation. 3. To avoid cases of various kinds of improper use of bank cards when paying, all Orders placed on the Website and prepaid by bank card are verified by the Seller. To verify the identity of the cardholder and their authority to use the card, the Seller has the right to require the Buyer who placed such an order to present an identity document. 5. Abuterne has the right to provide discounts on Products and establish a bonus program. Types of discounts, bonuses, the procedure and conditions for accrual are determined by the Seller independently and may be changed unilaterally. 6. During marketing campaigns that involve including any objects in shipments with the Buyer's Order, the delivery of the specified inclusions is carried out at the Buyer's expense. To refuse the inclusion, the Buyer must contact the Customer Service. 7. An Order is considered incomplete if the Buyer reports a change of decision about the purchase before the start of order assembly at the warehouse. If the Buyer informs the Seller about this after the start of order assembly at the warehouse, such an Order is considered rejected. 8. Abuterne has the right to decide to block the "Cash on Delivery" payment method for the Buyer, regarding Products sold by Abuterne. 9. If it is established that the Buyer, for whom the "Payment on order" conditions have been set, uses another account to order goods under different payment terms ("Cash on Delivery"), the "Payment on order" conditions may also be set for such an account. To determine the connection of the account with the person for whom the "Payment on order" conditions have been set, it is sufficient to have a coincidence of part of the registration data or the presence of other information from Abuterne that allows attributing the account to the relevant person. The Buyer has the right to contact the Support Service at info@abuterne.com with a request to provide the possibility of using the "cash on delivery" payment method. The decision on the application is made by the Company within five business days, after which it is communicated to the Buyer by sending a notification to the email specified when submitting the application. These provisions are not a manifestation of discrimination and are not aimed at infringing the rights guaranteed by the legislation of the Russian Federation to consumers, but are aimed at reducing Abuterne's losses from the actions of Buyers.

8. Product and Monetary Funds Return

1. Return of Products sold by Abuterne is carried out in accordance with the conditions specified on the Website in the "Return" section. 2. Return of Products of Proper Quality 1. The Buyer has the right to refuse the ordered Product at any time before receiving it, and after receiving the Product - within 7 days, excluding the day of purchase. 2. In case of the Buyer's refusal of the Product according to clause 7.2.1, the Seller returns to them the cost of the returned Product, excluding the Seller's expenses related to the delivery of the Product returned by the Buyer, within up to 10 days from the date of receipt of the returned Product at the Seller's warehouse together with the return application filled out by the Buyer. 3. If at the time of the Buyer's request a similar product is not available for sale from the Seller, the Buyer has the right to refuse to execute this Agreement and demand the return of the money paid for the specified Product. The Seller is obliged to return the money paid for the returned product. Please note that the refund of funds depends on the speed of transaction processing by your Bank and can take up to 30 banking days. 3. Return of Products of Improper Quality: 1. Products of improper quality are understood as products that do not correspond to the description on the Website. 2. The appearance and completeness of the Product, as well as the completeness of the entire Order, can be checked by the Recipient at the time of delivery of the Product. 3. Upon delivery of the Product, the Buyer signs the delivery receipt in the column: "Order accepted, completeness is full, I have no claims regarding the quantity and appearance of the goods," or in another similar document issued by the transport company, in the column providing for the Buyer's mark about the absence of claims regarding the completeness and quantity of the Product. 4. If the Buyer was transferred a Product of improper quality and this was not agreed upon in advance by the Seller, the Buyer has the right to use the provisions of Article 18 "Consumer rights upon discovery of defects in goods" of the Law on Protection of Consumer Rights. 5. Claims for the return of the money paid for the goods are subject to satisfaction within 10 days from the date of submission of the relevant claim (Article 22 of the Law of the Russian Federation "On Protection of Consumer Rights"). Please note that the refund of funds depends on the speed of transaction processing by your Bank and can take up to 30 banking days. 4. Refund of monetary funds is carried out by returning the cost of the paid Product to the bank card. The method must be indicated in the corresponding field of the Product return application.

9. Liability

1. The Seller is not liable for damage caused to the Buyer as a result of improper use of Products purchased in the Online Store. 2. The Seller is not responsible for the content and operation of external websites.

10. Confidentiality and Information Protection

1. Personal data of the User/Buyer is processed in accordance with Federal Law "On Personal Data" No. 152-FZ. 2. When registering on the Website, the User provides the following information: Last name, First name, contact phone number, email address, delivery address. 3. By providing their personal data to the Seller, the Website Visitor/User/Buyer agrees to their processing by the Seller, including for the purposes of the Seller fulfilling its obligations to the Website Visitor/User/Buyer under this Public Offer, promotion of goods and services by the Seller, conducting electronic and SMS surveys, monitoring the results of marketing campaigns, customer support, organizing product delivery to Buyers, arranging consumer credit with the Seller's partner company, conducting prize draws among Website Visitors/Users/ Buyers, monitoring the satisfaction of the Website Visitor/User/Buyer, as well as the quality of services provided by the Seller. 4. Processing of personal data means any action (operation) or a set of actions (operations) performed with the use of automation means or without the use of such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (including transfer to third parties, not excluding cross-border transfer, if the need arose in the course of fulfilling obligations), depersonalization, blocking, deletion, destruction of personal data. 1. The Seller has the right to send informational, including promotional messages, to the User's/Buyer's email and mobile phone with their consent, expressed by performing actions that uniquely identify this subscriber and allow reliably establishing their will to receive the message. The User/Buyer has the right to refuse to receive advertising and other information without giving reasons by informing Abuterne of their refusal by sending a corresponding application to the Seller's email: info@abuterne.com. Service messages informing the User/Buyer about the order and stages of its processing are sent automatically and cannot be rejected by the User/Buyer. 2. Withdrawal of consent to the processing of personal data is carried out by sending a corresponding application to the Seller's email: info@abuterne.com. 5. The Seller has the right to use the "cookies" technology. "Cookies" do not contain confidential information. The Visitor / User / Buyer hereby consents to the collection, analysis, and use of cookies, including by third parties, for the purposes of generating statistics and optimizing advertising messages. 6. The Seller receives information about the IP address of the visitor to the website abuterne.com. This information is not used to identify the visitor. 7. The Seller is not responsible for information provided by the User/Buyer on the Website in a publicly accessible form. 8. The Seller has the right to make recordings of telephone conversations with the User/Buyer. In doing so, the Seller undertakes to: prevent attempts of unauthorized access to information obtained during telephone conversations and/or its transfer to third parties who are not directly related to the execution of Orders, in accordance with clause 4 of Article 16 of the Federal Law "On Information, Information Technologies and Information Protection".

11. Validity of the Public Offer

1. This Public Offer comes into force from the moment of its acceptance by the Website Visitor/Buyer and is valid until the acceptance of the Public Offer is revoked.

12. Additional Terms

1. The Seller has the right to assign or otherwise transfer its rights and obligations arising from its relations with the Buyer to third parties. 2. The Online Store and the provided services may be temporarily partially or completely unavailable due to preventive or other works or for any other technical reasons. The technical service of Abuterne has the right to periodically carry out necessary preventive or other works with prior notice to Buyers or without such notice. 3. The relations between the User/Buyer and the Seller are governed by the provisions of Russian legislation. 4. In case of questions and claims from the User/Buyer, they have the right to contact the Seller by phone or other available means. 5. The invalidity of any provision of this Agreement by a court does not entail the invalidity of the remaining provisions.