Terms and Conditions
Individual entrepreneur David Saltkhutsishvili hereby offers any person to acknowledge and accept the present General Terms and Conditions for Sale and Purchase of Goods as set out below (hereinafter, the Agreement).
1. Terms and Definitions
1.1. For the purposes of the present Agreement, the terms listed below are defined as follows:
1.1.1. The Seller: Individual Entrepreneur David Saltkhutsishvili.
1.1.2. The Website or Other Resources: the https://darkroomstore.com/ webpage and the profiles of the Seller or his authorized representative on social networks, including, but not limited to, Instagram and Facebook.
1.1.3. The Goods: clothes, footwear, accessories, jewelery, and other commodities represented on the Website and offered for sale to Buyers.
1.1.4. The Buyer: an individual (party hereto) whose name is stated in the Order as the recipient of the Goods, or who has accepted and paid for the Goods, or who has placed an Order with the intention of acquiring (purchasing) certain Goods from the range of products offered on the Website or Other Resources to use them exclusively for personal, familial, household and other purposes unrelated to any entrepreneurial activities.
1.1.5. The Order: a request made by the Buyer to the Seller for the purchase of Goods selected from the range offered on the Website in accordance with the procedure and on the conditions set out in the present Agreement. By placing an Order, the Buyer confirms acceptance of the present Agreement as well as familiarization with and unconditional adoption of all the terms and conditions set out herein.
2. General Provisions
2.1. The present Agreement and the information presented on the Website, including information about the Goods, are a public offer under Art. 435 and Art. 437, Cl. 2, of the Civil Code of the Russian Federation.
2.2. The relations between the Seller and the Buyer hereunder shall be governed by the existing legislation of the Russian Federation, including the provisions of the Civil Code of the Russian Federation on retail trade (ch. 30, § 2), the Law of the Russian Federation on the Protection of the Consumers' Rights No. 2300-1 of February 7, 1992, and the Rules for Remote Retail Trade of Goods adopted by Resolution of the Government of the Russian Federation No. 612 of September 27, 2007.
2.3. The Parties shall enter the present Agreement on the sale of the Goods by the Seller to the Buyer on the conditions set out herein.
2.4. By concluding the Agreement, the Parties shall establish that the Seller confirms his ability to fulfill the Order placed by the Buyer.
2.5. The Agreement shall apply until the Parties fully meet the obligations undertaken hereunder or until its premature termination at the initiative of either Party in accordance with the conditions hereof.
2.6. The Seller reserves the right to amend the present Agreement unilaterally at his own discretion, wherefore the Buyer shall read and acknowledge the terms and conditions of the present Agreement prior to the placement of each new Order.
3. Order Placement Procedure
3.1. The Buyer chooses one or more of the Goods offered for sale on the Website or Other Resources.
3.2. The images of Goods on the Website are provided for reference only.
3.3. Upon adding the selected Goods to the "Cart," the Buyer places an Order for the Goods by filling out the required fields and/or forms on the Website.
3.4. The Buyer shall register at the Website, providing the following details: surname, name, patronymic, date of birth, accurate (mailing) shipping address, phone number, and email address.
3.5. The Buyer shall bear sole responsibility for the content and accuracy of the information he or she provides.
3.6. The Seller shall not be held responsible for failing to comply with or improperly complying with the present Agreement, including fulfillment of the Order, in the event if the Buyer provides incomplete or inaccurate information when placing the Order.
3.7. The Seller shall confirm his ability to fulfill the Order to the Buyer by phone or in writing to the email address provided by the Buyer, indicating the substantial provisions hereof, or notify the Buyer of his inability to fulfill the Order (Order cancellation) within 3 (three) workdays.
3.8. The Buyer undertakes not to disclose the credentials assigned to him or her in the process of Order placement (registration) at the Website to third parties. Should the Buyer have any concerns about the security of his or her credentials or the possibility of their unsanctioned use by third parties, the Buyer shall inform the Seller to such effect immediately by a written notice to the Seller's email address or by a phone call to the Seller's telephone number.
4. Order Fulfillment Procedure and Terms
4.1. In the event if the selected Goods should be out of stock for causes including those beyond the Seller's control, the Seller may terminate the present Agreement unilaterally (cancel the Order) in the respect of the non-stocked item of Goods with a compulsory notification to the Buyer.
4.2. To meet his obligations regarding the delivery of Goods, the Seller may use third-party services, including those provided by:
– the Russian Post Federal State Unitary Enterprise (INN 7724261610, OGRN 1037724007276, registered at 37 Varshavskoye Road, 131000 Moscow, Russia);
– Armadillo Business Parcel (DPD in Russia, INN 7713215523, OGRN 1027739074142, registered at 16-1 Dokunina Street, 129226 Moscow, Russia);
– Pickpoint (OOO Set' Avtomatizirovannykh Punktov Vydachi, INN 7723763977, OGRN 109316, 42-23 Volgogradsky Prospect, Moscow, Russia)
4.3. The Seller shall not be held responsible for third parties' actions, or lack thereof, including those of third parties specified in Clause 4.2 hereof.
4.4. The methods of Goods delivery are specified in Clause 4.2 hereof and include delivery by the Russian Post and such courier services as Armadillo Business Parcel or through the Pickpoint chain of automated pick-up points (OOO Set' Avtomatizirovannykh Punktov Vydachi); the time of Goods delivery depends on the selected method of delivery, the distance between the recipient and the Seller's warehouse, and the Buyer's performance of his or her obligations in terms of payment for the Goods. In the Order confirmation, the Seller specifies the possible time of Goods delivery to the address provided by the Buyer on the condition that the Buyer meets his or her obligations in a timely manner.
4.5. Goods ordered on the conditions set out herein are shipped to addresses located within the territory of the Russian Federation. Upon mutual agreement of the Parties, the Goods may be shipped outside of the Russian Federation.
4.6. The Buyer shall effect additional payment for the Goods delivery, whereof the size depends on the selected method of delivery (Clause 4.4 hereof).
4.7. Upon receipt of the Goods and prior to signing of the shipment documents, the Buyer shall examine the Goods to ascertain their compliance with the Order in terms of stock, size, color, completeness, quantity, and a lack of visible defects.
4.8. The right of ownership, as well as risks of accidental loss or accidental damage of the Goods, shall be transferred to the Buyer upon transfer of the Goods to him or her and signing of documents confirming receipt of the Goods (shipment documents).
4.9. Should the Seller fail to fulfill a paid Order due to loss or destruction of the Goods during delivery, the Seller shall, upon receipt of documentary evidence of failure to compete the delivery or to transfer the Goods to the recipient due to their loss or destruction from the courier service or other organization responsible for the delivery of the Goods and according to the Buyer's choice, either refund the full price paid hereunder for the ordered, but non-delivered Goods or, provided that the ordered Goods are in stock, ship the Order again within the period of time agreed upon with the Buyer.
4.10. Upon delivery, the Goods shall be transferred to the Buyer personally. Should the Buyer be unable to personally receive the Goods ordered on the condition of cash payment upon delivery, the Goods may be handed to a third party that can provide the Order details (Order number and/or the Buyer's name and surname) and effect full payment for the Order to the courier who delivered the Goods.
4.11. In order to avoid cases of fraud and to meet the obligations taken hereunder, during the transfer of Goods that have been prepaid for with a non-cash payment, the courier in charge of the delivery is entitled to demand that the Buyer or the third-party recipient, as per Clause 4.10 hereof, present a personal identification document and/or a properly executed letter of attorney for receipt of the Goods on behalf of the Buyer (the recipient) as well as provide the accurate details of the personal identification document or the letter of attorney specified in the shipment documents, whereupon the Buyer or the third-party recipient shall comply.
4.13. The Seller shall not be held responsible for non-transfer or delayed transfer of the Goods to the Buyer for causes beyond the Seller's control, including those attributable to the Buyer. Non-receipt of the Goods within the period of time agreed upon by the Parties is regarded as the Buyer's unilateral refusal to comply with the present Agreement (termination hereof) and justifies cancellation of the Order by the Seller. In the event if the non-received Goods have been paid for, the amount transferred hereunder minus the cost of delivery (deliveries) shall be refunded to the Buyer within the period of time specified by the existing legislation of the Russian Federation.
4.14. In the event if the Goods have been delivered within the period of time agreed upon by the Parties but have not been transferred to the Buyer through his or her fault, the Goods may be reshipped at the expense of the Buyer.
5. Payment for Goods
5.1. Prices of the Goods available to the Buyer are quoted on the Website in Russian rubles, including VAT. Prices on the Website may also be quoted in other currencies, including, but not limited to, euros.
5.2. The prices of Goods quoted on the Website are for reference only and may be amended by the Seller unilaterally. In the event if the Buyer does not accept the prices offered by the Seller, the Buyer may unilaterally withdraw from the present Agreement (by canceling the Order).
5.3. The prices for Goods agreed upon at the time the Agreement is concluded (when the Order is confirmed by the Seller) may not be amended by the Seller unilaterally with the exception of cases of late payment on the part of the Buyer. In the event of such late payment, the Seller reserves the right to amend the prices of the Goods. On the basis of the new prices amended under Clause 5.2 hereof, the Seller may issue a new invoice to the Buyer for the ordered Goods or a bill for an additional payment; alternatively, the Seller may terminate the Agreement (cancel the Order) unilaterally.
5.4. The Buyer shall effect full advance payment for the Goods within 2 (two) workdays from the conclusion of the present Agreement (the Order confirmation) or effect payment for the Goods to the courier upon delivery and receipt of the Goods.
5.5. The Buyer is considered to have met his or her obligations to pay for the ordered Goods at the moment when the payment is transferred to the Seller's bank account or at the moment when the required amount is paid in cash to the courier upon delivery of the Goods.
5.6. In the event of payment though a wire transfer to the Seller's bank account or with the Buyer's credit card, the Goods shall not be submitted for delivery until the amount is transferred to the Seller's bank account.
5.7. No interest is charged on the amount paid by the Buyer hereunder.
5.8. In order to avoid all kinds of unlawful use of credit cards, each and every Order placed on the Website and paid for with a credit card shall be verified by the Seller. Should the Seller have any suspicions regarding unlawful use of a credit card, the Seller reserves the right to withdraw from the present agreement (cancel the Order) and reimburse the wired amount to the credit card used for the payment.
5.9. The Seller is entitled to offer the Buyer discounts off the quoted prices, applying a system of bonuses and promotions, as well as lower the prices by other means. In this case, the procedure, scope, period of time, and other terms of application of the Seller's loyalty system shall be communicated to Buyers through information posts on the Website and may be amended by the Seller with regard to any Buyer unilaterally at the time of the Order confirmation (the conclusion of the Agreement).
5.10. The Seller reserves the right to change the selected payment method for Buyers who have breached the terms and conditions hereof multiple times or have previously placed multiple Orders with the Seller, subsequently refusing or failing to receive the Goods. The Seller shall inform the Buyer of his decision in the Order confirmation (when the Agreement is concluded).
5.11. Should the Seller have to refund the amount paid by the Buyer with a credit card in cases provided for herein, the refund shall be issued to the same credit card that was used for the payment.
6. Goods Replacement and Return
6.1. The Seller may cancel the Buyer's Order unilaterally in the event if the ordered Goods are out of stock or for other reasons prior to the submission of the Goods to the delivery service. The Buyer may cancel his or her Order of adequate-quality Goods prior to their submission to the delivery service at any time through Order cancellation in his or her account at the Seller's Website. After the Goods have been submitted to the delivery service, the Buyer may return the Goods within 7 (seven) days from the receipt of the Goods. With that said, if the Buyer has paid for the Goods, he or she may request that the Seller refund the paid amount minus the delivery costs incurred by the Seller.
6.2. Should the Buyer find Goods of adequate quality unsuitable in terms of color, size, shape, or specifications, the Buyer may request replacement of such Goods within 14 (fourteen) days from their receipt by the Buyer.
6.3. An item of Goods may be replaced with a similar item of a different color, size, shape, or specifications only if the Seller has it in stock and on the condition that the Buyer covers the delivery costs of the Goods returned to the Seller and the new Goods shipped to the Buyer. Should the replacement Goods be out of stock, the Seller shall refund the price of the returned Goods to the Buyer.
6.4. Upon receipt of the Goods, the Buyer may not return adequate-quality Goods that are included in the List of Non-Food Commodities of Adequate Quality Not Liable for Return or Replacement with Similar Goods of Different Size, Shape, Dimensions, Design, Color, or Specifications approved by Resolution of the Government of the Russian Federation No. 55 of January 19, 1998, including, but not limited to, woven and knitted underwear and hosiery.
6.5. Adequate-quality Goods may be returned or replaced on the conditions that the Goods have not been in use and have retained their marketable condition, consumer qualities, seals, factory labels, wrap-around labels, price tags, and packaging and that the Buyer is able to present a document that confirms the fact and conditions of the purchase.
6.6. In the event if the delivered Goods do not match the Order and/or have defects, the Buyer may refuse to accept the Goods at the time of delivery or return the Goods to the Seller within the period of time set forth by the the Rules for Remote Retail Trade of Goods adopted by Resolution of the Government of the Russian Federation No. 612 of September 27, 2007, and demand that the Seller refund the amount paid for the non-accepted/returned Goods.
6.7. The Seller shall offer a 30-day (thirty-day) guarantee on the Goods distributed hereunder. The guarantee period starts on the date of transfer of Goods to the Buyer.
6.8. Entering the present Agreement, the Buyer is entitled to the full scope of rights granted by the existing legislation on the protection of consumer rights. The Seller shall process the Buyers' complaints on the quality of the delivered Goods filed under the procedure prescribed by the existing legislation in accordance with the requirements set forth in the Law of the Russian Federation on the Protection of the Consumers' Rights No. 2300-1 of February 7, 1992.
6.9. In the event if the Buyer refuses to accept adequate-quality Goods that have been paid for, the Seller shall refund the paid amount to the Buyer upon return of the Goods.
6.10. In the event if, at the time of delivery, the Buyer discovers that some of the Goods do not match the Order in terms of assortment, quantity, or specifications, the Buyer may choose from following options: accept the Goods that match the Order and reject the remaining Goods; accept and pay for all the delivered Goods; or request the replacement of the Goods that do not match the Order with the Goods specified in the Order. The Buyer shall pay the full price of all the Goods that have been de facto transferred to him or her.
6.11. The Buyer shall be held responsible for non-compliance with recommendations on the use of Goods issued by the manufacturer or the Seller and for damage of the purchased Goods that has resulted from said non-compliance.
7. Other Terms and Conditions
7.1. The Buyer hereby expresses his or her consent to receive marketing and/or advertising materials focused on promotion of Goods, including those enclosed to Orders, from the Seller by any of the methods specified by the Buyer during Order placement. The Buyer may refuse to receive said marketing and/or advertising materials at any time by a written notice to the Seller at the Seller's email address specified on the Website.
7.2. For the purposes hereof, workdays are weekdays of the five-day workweek with the exception of statutory days off and public holidays.
7.3. In circumstances not covered by the provisions hereof, the Parties shall comply with the existing legislation of the Russian Federation. If any provision hereof is ruled invalid by a court of law, it shall not affect the validity of the remaining provisions of the Agreement.
7.4. A Party that fails to comply with or improperly complies with the present Agreement bears responsibility under the existing legislation of the Russian Federation.
7.5. In the event of any disputes or differences between the Seller and the Buyer pertaining the present Agreement or performance or non-performance of either Party's obligations hereunder, the Parties shall exert every effort to resolve them through negotiation. Upon failing to resolve a dispute through negotiation, the Parties shall bring the case before the Court under the procedure prescribed by the existing legislation of the Russian Federation.
8. The Seller's Details
OGRNIP (Primary State Registration Number of Individual Entrepreneur): 316774600197728
INN (Taxpayer Identification Number): 773137030484
Telephone number: +7 985 453 40 34
Bank: AO "Alfa Bank"
Corr. account: 30101810200000000593
Current Account: 40821810301600000030