Customer – capable physical or legal individual, who make an order on the website https://tembr.store only for personal, family, domestic and other needs except of entrepreneurial business.
- private entrepreneur Maltseva Ekaterina Alexeyevna 650404795953.
- website, which belongs to the Seller and has Internet address https://tembr.store. There are the Products offered by the Seller to its customers for placing Orders, as well as the terms of payment and delivery of these Orders to the Customers.
- products offered for sale on the Website.
- a properly request from the Customer for delivery to the specified address of the list of Products selected on the Website.
- Delivery service
- employees of the Seller, or third parties who provide services for the delivery of Orders to Customers under an agreement with the Seller.
1. General provisions
1.1. The Website is owned and administrated by PE Ekaterina Maltseva.
1.2. When ordering goods through the online store, the user agrees to the Terms of sale of Products (hereinafter - the Terms and Conditions) set out below.
1.3. Cooperation between the Customer and the Seller is regulated by the Federal Consumer Protection Law of the Russian Federation dated 07.02.1992 No. 2300-1 and other legal acts adopted in accordance with them.
1.4. The Seller has the right to make changes to these Terms and Conditions, and therefore the Customer undertakes to regularly follow-up changes of the Terms posted on the Website.
1.5. The Customer agrees to the Terms and Conditions while ordering on the Website.
2. Execution of the contract.
2.1. These Terms of sale of goods, as well as information about the Product provided on the Website are a public offer in accordance with article 435 and part 2 of article 437 of the Russian Federation Civil code.
2.2. The fact of placing an order by the Client is an unconditional fact of acceptance by the Customer of the Terms of this Agreement. The customer who purchased the product from the Seller's online store (who placed an Order for the Product) is considered as a person who cooperate with the Seller under the Terms of this Agreement.
2.3. In case of disagreement with this User agreement (hereinafter - Agreement/Public offer), the Customer shall immediately stop using the service and leave the site.
3. Online order.
3.1. To place an Order, the Customer shall fill out a form on the Website.
3.2. The Seller is not responsible for the accuracy and correctness of the information provided by the Customer when placing an order.
3.3. The client undertakes not to disclose information specified during the registration to third parties. If the Customer has any suspicions about the security or possibility of unauthorized use by third parties of the Customer's data, the Customer undertakes to immediately notify the Seller by sending an email to our email address firstname.lastname@example.org.
4. Order execution and processing time.
4.1. The Customer's Order can be made by Customer independently on the Website.
4.2. While placing an Order the Customer shall specify the following information:
- full name of the Client or recipient of the Order;
- list of ordered Products;
- the delivery address of the Order;
- contact phone number.
4.3. Аfter placing an order the Customer receives a notification about the accepted order and information about the status of Order execution.
4.4. All information materials provided on the Site are only for reference and cannot fully convey reliable information about the properties and characteristics of Products, including colors, sizes, shapes, smell and others.
5.1. Product delivery methods are indicated on the Website.
5.2. Delivery area is defined by the area of trading activities. You can check whether the intended delivery address is included in the service area on the Website.
5.3. The Seller will make every effort to comply with the delivery terms specified in the order card, however, delays in delivery are possible due to unforeseen circumstances that occurred through no fault of the Seller.
5.4. The Customer is responsible for the risk of accidental damage of the Product from the moment the Order is transferred to him and the recipient pays for the Order.
5.5. The Order is delivered to the Customer or to the person specified as the recipient of the Order. If you cannot obtain an Order issued for cash by above persons, the Order is given to the person who can provide information about the Order (name of Recipient) and pay the cost of the Order in full to the person performing the delivery of the Order.
5.6. While an Order receipt the Customer shall check the appearance and packaging of the Order, the number of Products, completeness, and assortment.
6. Payment for the products.
6.1. The Product price is indicated on the Website. If the price of the product ordered by the Customer is incorrect, the Seller will notify the Customer as soon as possible in order to confirm the order at the corrected price or cancel the Order. If it is not possible to contact the Customer, this Order is considered canceled.
6.2. The price of Product may be changed by the Seller unilaterally. The Product price is indicated at the last stage of placing the Order and is valid at the time of placing the order. However, the price of Products ordered by the Customer is not subject to change.
6.3. The Customer chooses payment methods at the stage of placing an Order on the Website. The agreed payment method is the method selected by the Customer from the available payment methods when placing the Order.
6.4. Features of payment using Bank cards.
6.4.1. In accordance with the regulation of the Russian Federation Central Bank «On the issue of Bank cards and on transactions made using payment cards» dated 24.12.2004 No.266-P, Bank card transactions are performed by the cardholder or an authorized person.
6.4.2. While making payment for Products using a Bank card, the Customer shall present an identity document when issuing orders, except for the case of payment with a non-named Bank card. When canceling an order: if the order is canceled after confirmation, you shall call the Seller.
7. Return policy.
7.1. Return of products of proper quality.
7.1.1. The Customer does not have the right to refuse products of proper quality.
7.2. Return of Products of improper quality.
7.2.1. The customer can return defective Products to the Seller and demand replacement of Goods of inadequate quality or elimination of defects.
7.2.2. The return of the Products of proper quality is carried out at the expense of the Client.
7.3.1. Funds are subject to refund by the method that was used by the Client when making the payment.
7.3.2. If the refund is not made at the same time as the return of Products to Customers, the refund of the specified amount is made by the Seller with the consent of the Customer in one of the following ways:
- in cash at the Seller's location;
- by transferring the appropriate amount to the Client's Bank or other account specified by the Client.
7.4. Procedure for actions in case of violation by the seller of the assortment condition.
7.4.1. In case of detection in the Order of Production not corresponding to the ordered range, the Customer is entitled to refuse this Product and require replacement in the range prescribed by the Order or a refund for the undelivered Products.
7.4.2. Products transferred to the Customer in violation of the assortment conditions shall be returned to the Seller. If the Customer accepts this Product, the Seller has the right to demand that the Customer pay for this Product at the price set by the Seller for this Product on the Website at the time of transfer of the Product. If the actual transferred Product is not in the Seller's product range presented on the Site at the time of transfer of the Product, this Product is paid for at the price agreed with the Seller.
7.4.3. If it is impossible to replace the Product, the Seller notifies the Customer by phone number specified by the Customer when placing the Order.
7.4.4. Funds paid by the Customer for Products that are not actually transferred shall be refunded within 10 days from the date of receipt of the customer's written request for a refund. The refund of the amount paid for the Products is made in the same way as the payment was made.
7.5. Procedure for actions in case of violation by the Seller of the quantity condition.
7.5.1. While an Order receipt the Customer shall check the quantity of Products in the Order. If the Customer finds discrepancies in the quantity of Products in the Order, the Customer shall draw up a report on the discrepancy in quantity in the presence of a representative of the Seller or carrier.
7.5.2. If the Seller gave the Customer a smaller number of Products than specified by Order, the Client while an Order receipt has the right to take Products corresponding to the Order and request to transfer the missing quantity of Products, or if the missing Products have been paid, to cancel the Order and request a refund for the missing Products.
7.5.3. Funds paid by the Customer for the remaining Products must be returned within 10 days of receipt of written claim of the Client about the refund and discrepancy statement in number, arranged according to the claim clause 7.5.1. The refund for the product amount is carried out by the same method which the payment was made.
7.5.4. In the case of violation of clause 7.5.1 of the drawing Act, the Seller is entitled to refuse the Client in satisfaction of claims by the number of transferred Products.
7.6. Detailed information about the procedure for submitting claims for quality and return of Products is here.
8. The intellectual.
8.1. All text information and graphic images on the Website are the property of the Seller.
9. Warranties and liability.
9.1. The Seller is not responsible for any damage caused to the Customer as a result of improper use of Products ordered on the Website.
9.2. The seller is not responsible for the content and functioning of the Website.
9.3. The Seller may assign or otherwise transfer its rights and obligations arising from cooperation with the Customer to third parties.
9.4. The Customer undertakes not to use the ordered Products for entrepreneurial business.
10. Confidentiality and personal information protection.
10.1. Provision of information by the Client:
10.1.1. While ordering on the Website, the Client provides the following information: last name, first name, middle name, delivery address and phone number.
10.2. By submitting personal data on the Website, the Client agrees to its processing by the Seller, including the purpose of promoting the Seller's Products and services.
10.2.1. If the Customer does not want his personal data to be processed, he shall inform the Seller about it. In this case, all information received from the Customer will be deleted from the Seller's customer base and the Customer will not be able to place Orders on the Website.
10.3. Use of information provided by the Client and received by the Seller:
- to fulfill its obligations to the Client;
- for evaluating and analyzing the Site's performance;
- to fulfill its obligations to the Client;
10.3.1. The Seller has the right to send advertising messages. If the Customer does not wish to receive newsletter, he should notify the Seller accordingly.
10.4. Disclosure of information received by the Seller.
10.4.1. It is not considered a violation for the Seller to provide information to agents and third parties acting under an agreement to fulfill obligations to the Client.
10.4.2. Disclosure of information in accordance with reasonable and applicable legal requirements is not considered a violation of obligations.
10.5. The seller has the right to use the technology "cookies». Cookies do not contain confidential information and are not transmitted to third parties.
10.6. The Seller receives information about the IP address of the Website user. This information is not used to identify the user.
11. Additional rights for the European economic area and certain other territories.
11.1. Based on the EU Regulation 2016/679 "On the protection of individuals with regard to the processing of personal data" of 27 April 2016 or GDPR (General Data Protection Regulation), effective from 25.05.2018, if you are a person from the European economic area (EEA), you may have additional rights available to you under applicable law.
11.1.1. Key requirements –we will notify the regulatory authorities (and in some cases the Customer) of any violations related to personal data within 72 hours after such violations are detected.
11.2. The rights of the Client (physical person):
11.2.1. European users have the right to request confirmation of the processing of their data, place and purpose of processing, categories of processed personal data, which third parties have their information, the period during which data will be processed, and specify the source of getting personal data by organization. To get this information, write to email@example.com
11.2.2. We want to keep an accurate and up-to-date version of your personal data. You have the right to ask us to change or delete data that you consider incorrect by writing to us at firstname.lastname@example.org We will review your application in accordance with applicable law.
11.2.3. Disagreement with the processing of personal data. You have the right to protest the processing of your personal data if you think that this is necessary in this particular situation. We will only be entitled to refuse your request if we can provide a compelling, legitimate reason for processing data that overrides your interests, rights and freedoms, or if the processing is related to the filing, implementation or defense of a legal claim. In order to exercise this right, write to us at email@example.com We will review your request in accordance with applicable law.
11.2.4. The right to transfer data. This right consists in the fact that we are obliged to provide free of charge an electronic copy of personal data to another company at the request of the Client, provided that:
- processing is based on consent or contract;
- processing is carried out by means of automation.
In order to exercise this right, write to us at firstname.lastname@example.org We will review your request in accordance with applicable law.
11.2.5. The right to be forgotten. The GDPR also provides for the right to be forgotten, which allows Europeans to delete their personal data on request in order to avoid their dissemination or transfer to third parties. If you would like us to completely delete all your data, please contact us at email@example.com You also have the right to complain to the data protection authority about our collection and use of your personal data. Please contact your local data protection authorities for more information.
11.3. Children's personal information. We do not knowingly collect information from children under the age of 16. If you are under 16 years, do not transfer your personal data via the Service. We ask parents and legal representatives to monitor children's Internet usage, instructing them not to transmit their personal data through the Service without their permission. If you have reason to believe that a child under the age of 16 has provided us with personal information through the Service, please contact us at firstname.lastname@example.org, and we will delete this data.
12. Other terms and conditions.
12.1. The cooperation between the Customer and the Seller is regulated by the Russian Federation Law.
12.2. In case of questions and complaints from the Customer he needs to speak directly to the Seller. All disputes arising between the parties will be resolved through negotiations. In the case an agreement is not reached, the dispute will be referred to a judicial authority in accordance with the current legislation of the Russian Federation.
12.3. The recognition by the court of invalidity of any provision of these Terms and Conditions shall not entail the invalidity of the remaining provisions.
PERSONAL DATA PROCESSING POLICY
1. General provisions.
This personal data processing policy is compiled in accordance with the requirements of Federal law No. 152 of 27.07.2006 «On personal data» and defines the procedure for processing personal data and measures to ensure the security of personal data of Maltseva Ekaterina Alexeyevna (hereinafter referred to as the Manager).
- The Manager`s aims and realization of his activities are the rights and freedoms of man and citizen during processing of personal data, including protection of rights to inviolability of private life, personal and family privacy.
- The Manager's policy on personal data processing (hereinafter referred to as the Policy) applies to all information that the Operator can obtain about Website visitors https://tembr.store
2. Main concepts used in the policy.
- Automated processing of personal data – processing of personal data using computer technology;
- Blocking of personal data – temporary termination of processing of personal data (except for cases when processing is necessary to clarify personal data);
- Website – a set of graphic and informational materials, as well as computer programs and databases that ensure their availability on the Internet at the https://tembr.store;
- Personal data information system – a set of personal data contained in databases, information technologies and technical means that ensure their processing;
- Depersonalization of personal data – actions that make it impossible to determine the identity of personal data to a specific User or other personal data subject without using additional information;
- Personal data processing – any action (operation) or set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data;
- Manager – a state body, municipal body, legal entity or individual that independently or jointly with other persons organizes and (or) performs the processing of personal data, as well as determines the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data;
- Personal data – any information related directly or indirectly to a specific or identifiable User of the Website;
- User – any visitor of the Website;
- Provision of personal data – actions aimed at disclosure of personal data to a certain person or a certain range of persons;
- Dissemination of personal data – any actions aimed at disclosure of personal data to an indefinite range of persons (transfer of personal data) or at familiarization with personal data by an unlimited number of persons, including disclosure of personal data in the mass media, placement in information and telecommunications networks, or providing access to personal data in any other way;
- Cross-border transfer of personal data – transfer of personal data to the territory of a foreign state to a foreign state authority, a foreign individual or a foreign legal entity;
- Destruction of personal data – any action in which personal data is destroyed irrevocably impossible to restore the contents of personal data in the information system of personal data and (or) when material carriers of personal data are destroyed.
3. The manager may process the following personal data of the user:
- Surname, first name, middle name;
- E-mail address;
- Phone numbers;
- Year, month, date and place of birth;
- Also on the Website, there are the collection and processing of anonymous data about visitors (including «cookie») through the services of Internet statistics (Yandex Metric and Google Analytics and others);
The above-mentioned data, hereinafter referred to as the Policy, is combined under the General concept of Personal data.
4. Legal grounds for processing personal data.
- The purpose of processing the User's personal data is to conclude, execute and terminate civil contracts.
- The Manager also has the right to send notifications to the User about new products and services, special offers and various events. The user can always refuse to receive information messages by sending an email to the operator email@example.com marked «Unsubscribe from notifications of new products and services and special offers».
- Depersonalized User data collected through Internet statistics services is used to collect information about User action.
5. Legal grounds for processing personal data.
- The Manager processes the User's personal data only if they are filled in and/or sent by the User independently via special forms located on the Website Link. By filling out the appropriate forms and/or sending your personal data to the operator, the User agrees to this Policy.
6. Procedure for collecting, storing, transferring and other types of personal data processing.
The security of personal data processed by the Manager is ensured by implementing legal, organizational and technical measures necessary to fully comply with the requirements of current legislation in the field of personal data protection.
- The operator ensures the safety of personal data and takes all possible measures to exclude access to personal data of unauthorized persons.
- The User's personal data will never, under any circumstances, be transferred to third parties, except in cases related to the implementation of current legislation.
- In case of some inaccuracies in personal data, the User can update them independently by sending a notification to the Manager's email address firstname.lastname@example.org marked "Updating personal data".
- The term of processing of personal data is unlimited. The user can withdraw their consent to the processing of personal data at any time by sending a notification to the Manager via email to the operator's email address email@example.com marked "Revocation of consent to the processing of personal data".
7. Cross-border transfer of personal data
- The Manager must ensure that the rights of personal data subjects are reliably protected by the foreign state to which the personal data is intended to be transferred prior to the start of cross-border transfer of personal data.
- Cross border transfer of personal data on the territory of foreign States that do not meet the above requirements may be carried out only if the personal data subject agrees in writing to cross-border transfer of his/her personal data and / or performs the contract to which the personal data subject is a party.
- The user can get any clarification related to the processing of their personal data by contacting the Manager via email firstname.lastname@example.org.
- This document will reflect any changes to the personal data processing policy by operator. The policy is valid indefinitely until it is replaced with a new version.
The current version of the Policy is available on the Internet at Link