Terms of sale of goods and services in the online store www.gastronom.ru
Moscow October 01, 2016
Basic terms and definitions
The company — LLC Publishing House Gastronom (125080, Moscow, Volokolamskoe Highway, 2, fl. 25, room.
22, BIN 1087746660540, TIN 7733656928).
The client is a citizen who intends to purchase goods and / or order (receive) services exclusively for personal, family, household and other needs not related to the conduct of business activities, who placed an order on the website www.gastronom.ru or specified in the order as a recipient product / service.
Online Store — A website on which any Client can familiarize himself with goods and services offered for sale, their description and prices, select and order certain goods or services, the method of payment and delivery of goods, receipt of services, send an order by e-mail or place an order by phone (495) 725-10-70.
Website — a set of information resources about the goods and services offered to Clients that are freely available on the Internet at www.gastronom.ru.
The goods are the subject of a sales contract (thing), not withdrawn and not limited in public circulation, and offered for sale in the online store by placing in the appropriate section of the online store.
Only goods that are marked as “in stock” in the Online Store can be the subject of sale.
Service — the organization and carrying out by the Company of culinary master classes lasting 3 hours in accordance with the Program. An approximate list of dishes, the cooking process of which is planned to be demonstrated during the master class, is available on the Contractor’s website on the Internet www.gastronom.ru
The place of provision of the service is the premises of the Gastronomy Culinary Studio at the address: 125080, Moscow, Volokolamskoye Shosse, 2, 21st floor.
Order — issued and submitted by the Customer an order for the purchase and delivery to the specified in the request address of the goods or for the provision of services, sent via the Internet and / or reported by the Buyer to the Seller by phone: (495) 725-10-70.
1. General Provisions
1.1. These Terms of Sale of Goods and the Provision of Services in the Online Store www.gastronom.ru (hereinafter referred to as the Terms) govern the rights and obligations of the parties to contracts for the sale of goods, for the provision of services concluded between the Company and Customers, determine the procedure for the retail purchase and sale of goods and paid services through the online store and in accordance with Art.
437 of the Civil Code of the Russian Federation is the official public offer of the Company addressed to Clients. These Terms and Conditions govern including:
1) the voluntary choice by Clients of goods / services in the online store;
2) self-ordering by the Clients of the order in the online store;
3) Customer payment of the order issued in the online store;
4) the transfer of goods to the Customer in the property, the provision of services to the Customer in accordance with these Terms.
1.2. The provisions of the Civil Code of the Russian Federation apply to relations between the Client and the Company, incl. retail sale regulations — §2 ch. 30, onerous provision of services — ch.
39, of the Law of the Russian Federation of 07.02.1992 No. 2300-1 “On Protection of Consumer Rights”, the Rules for the sale of goods by remote method, approved by the Decree of the Government of the Russian Federation of September 27, 2007 No. 612 and other legal acts adopted in accordance with them.
By making a purchase of goods / placing an order for receiving services in the online store, the Customer agrees with all the conditions listed below.
The Company reserves the right to unilaterally amend these Terms and Conditions with their prior publication on the Site. The address of the current version of the Terms on the Internet: https://www.gastronom.ru
These Terms and Conditions take precedence over other documents.
Transactions of the online store with customers are governed by contracts of sale and paid services on the terms of a public offer.
Information posted on the online store is publicly available unless otherwise specified in these Terms.
The client agrees to these Terms when placing an order or dialing the appropriate phone number (when placing an order by phone).
2. The order of registration and the timing of the order
To place an order, the Client must register on the Site.
The Company is not responsible for the accuracy and correctness of the information provided by the Client when registering on the Site.
Responsibility for the accuracy of the information provided to the Company, about itself, its address and other information necessary for the parties to fulfill their obligations to sell goods and / or provide services and pay for them is borne by the Client.
In case of non-fulfillment by the Company of obligations related to the execution of an order due to the Customer’s giving false information about themselves, the Company is not responsible for such non-fulfillment of the order.
Repeated delivery of goods / provision of services, as well as other actions on the part of the Company are made only by agreement of the parties with the allocation of the corresponding additional costs to the Client.
The client undertakes not to disclose to third parties the login and password specified during registration on the Site.
In the event that the Client suspects the security of his login and password or the possibility of their unauthorized use by third parties, the Client undertakes to immediately notify the Company by sending an e-mail to the Site Administrator.
The Client’s order can be received by phone on weekdays from 10.00 to 19.00 or executed by the Client independently on the Site in the manner provided in the section “How to place an order”.
The deadlines for receiving the order of the goods made by the Customer depend on his address and the region of delivery, the work of a particular delivery service and are not directly dependent on the Company.
2.6. All the delivery times indicated on the Website, cost, availability in stock and other information relating to the goods are of reference (informational) nature and do not entail any legal consequences for both the Company and the Client.
The information on the Website regarding the delivery dates of goods and their availability is approximate and only shows the possible presence or absence of goods in the Company’s warehouse at the time of placing the order.
The company will begin picking the order immediately after receiving the order.
The client has the right to make changes to the placed order, while he bears all the risks associated with the delay in the execution of his order due to a change in the name and (or) quantity of the goods ordered.
The company is considered to have fulfilled its obligations to sell goods, and the right of ownership is transferred from the Company to the Client from the moment the goods are transferred to the Client.
Obligations of the Company to provide services shall be deemed fulfilled from the moment the Client signs the act of acceptance of the services rendered.
If, after placing an order with the Customer, the details that are important for the Company’s proper performance of its duties have changed, or the Customer has noticed an error in the specified delivery address or other information, he is obliged to immediately notify the Company.
In the absence of the ordered goods in the Company’s warehouse, including for reasons beyond the control of the Company, the Company has the right to exclude the specified goods from the Client’s order and notify the Client at the e-mail address provided during registration.
In case of cancellation of a fully or partially prepaid goods / services, the cost of the canceled goods / services is returned by the Company to the Client in the manner in which the goods / services were originally paid.
The company provides the Client with the opportunity to pre-order goods that are not yet available for sale. In respect of such goods on the Site indicates the planned date of receipt of goods for sale, which can be changed according to information from the manufacturer or supplier of this product.
In the event of a change in the time of receipt of the goods for sale, the Client is sent a notification to the email address specified by him during registration on the Site.
3. Delivery of goods
3.1. Methods of delivery of goods are listed on the Site in the section «Methods of delivery», and the cost of the order is calculated individually (based on weight, size, region, form of payment and method of delivery of goods).
The total cost of the order is indicated at the last stage of its execution.
The company will make every effort to comply with the delivery time, however, there may be delays in delivery due to unforeseen circumstances that occurred through no fault of the Company.
The company is not responsible for the actions of third parties involved in the execution of the order, including carriers.
3.3. The risk of accidental loss or accidental damage to the goods passes to the Client from the moment the order is handed over to him and the recipient places the signature on the documents confirming the delivery of the order.
In case of non-delivery of the order, the Company reimburses the Client for the cost of the order pre-paid by the Client and delivery after receiving confirmation of the loss of the order from the delivery service.
Upon delivery, the order is handed over to the Client or to the person specified as the recipient of the order.
In the absence of the Client or the recipient indicated by him at the place of delivery, the order is handed over to the person who presented the document confirming the placement or payment of the order.
If the delivery of the order is carried out by courier services or the goods are taken from the pickup point, the Customer, after checking the order, is obliged to put a date and a signature on the form, thereby confirming the absence of quality claims, bundling and cost of goods.
Client’s Signature excludes further claims to the Company.
3.6. In order to avoid cases of fraud upon the delivery of a pre-paid order, the person delivering the order has the right to request from the Client an identity document and a receipt confirming the fact of payment for the goods.
The company guarantees confidentiality and protection of personal information of the recipient.
If the delivery of the order is carried out by the FSUE “Russian Post”, the responsibility for its safety and deadlines for passing through the territory of the Russian Federation from the moment of its transfer to the posting is borne by the FSUE “Russian Post”.
Consideration of claims for the search of postal items is made in accordance with the rules of the FSUE «Russian Post»: two months after the transfer of items to the post office.
Upon delivery of the order abroad, the responsibility for delivery after passing through customs control (as evidenced by the mark “arrived at an international exchange point” on the site of the FSUE Russian Post) is borne by the postal service of the recipient country.
If the delivery of the order was made on time, but the order was not transferred to the Client due to his fault, the subsequent delivery is made in the new terms, agreed with the Company, after the Client has again paid for the cost of services for the delivery of goods.
Terms of service. The procedure for acceptance of services
The date and time of the commencement of the provision of services is determined by the parties in each particular case according to the information posted on the Site.
4.2. Immediately after the end of the provision of services, the Company provides the Client with an acceptance certificate for the services rendered (hereinafter referred to as the Act).
The client is obliged to sign the Act or provide the Company with a written reasoned refusal to sign the Act within 3 (three) calendar days from the date of termination of the services.
In the event that the Client does not sign the Act and does not provide the Company within the specified period a reasoned refusal to sign the Act, the services are considered to be rendered by the Contractor in full.
After the expiration of the period specified in this clause, the Client is not entitled to make any claims to the Company regarding the quality and procedure of the services provided.
4.3. The client undertakes, during the provision of services by the Company and while in the location of the provision of services, to observe and maintain public order and generally accepted standards of behavior, to behave respectfully in relation to other listeners, service personnel, representatives of the Company.
The client is prohibited to enter the office and other technical premises of the place of service, to use kitchen, household appliances and other equipment without the express permission of the staff.
In the event of damage to the property of the Company, the Client undertakes to fully compensate upon the request of the Company such damage no later than 3 (three) business days from the date of receipt of the relevant request of the Company.
The Company notifies Clients that during the provision of services at the place of provision of services, photographic and video recording of the process of rendering services may be carried out.
4.6. The Client hereby grants the Company (including its assignees, licensees and representatives) the unconditional and unlimited right to make public and further use of the Client’s image (including photographs and video in which it is shown).
The Company, among other things, has the right to use the image of the Client on the Site, as well as in any promotional materials aimed at attracting the attention of any third parties to the services, to the place of provision of services and the Company.
5. Payment for goods and services
The price of goods and services is indicated on the Site next to the name of the goods and / or services. In case of an incorrect indication of the price of the goods / services ordered by the Customer, the Company shall inform the Customer about this at the earliest opportunity in order to confirm the order at a fixed price or cancel the order.
If it is impossible to contact the Client within 7 days, this order is considered canceled.
If the order has been paid, the Company, at the request of the Client, returns the cost of the goods / services to the Client in the manner in which the goods / services were paid.
5.2. The price of goods and services on the Site may be changed unilaterally by the Company.
At the same time, the price for the goods / services ordered by the Customer is not subject to change.
Methods of payment for goods / services are listed on the Site.
5.4. When pre-paying for goods / services, the order is accepted for processing only after the Customer’s funds are credited to the Company’s settlement account.
At the same time, the product / service under the order is not reserved, and the Company cannot guarantee the availability of the product / service specified at the time of placing the order, as a result, the processing time of the order may increase.
The company has the right to provide the Client with discounts on the product / service and establish a bonus program.
Types of discounts, bonuses, procedure and terms of accrual are indicated on the Site and can be changed by the Company unilaterally.
6. Return of goods
Return goods of good quality.
The client has the right to refuse the ordered goods at any time before receiving it, and after receiving the goods — within 7 days, not counting the day of purchase.
Return of goods of good quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved.
If the Client refuses the goods in accordance with clause 6.1.1. of these Terms, the Company will return to it the value of the returned goods, excluding the Company’s expenses for the delivery of the returned goods from the Customer, no later than 10 days from the date the Company receives the Customer’s written statement.
The client does not have the right to exchange goods of good quality specified in the List of non-food goods of good quality that are not subject to return or exchange, approved by the Decree of the Government of the Russian Federation of January 19, 1998 No. 55, including non-periodicals (books, brochures, albums, cartographic and musical publications, sheet art, calendars, booklets, publications reproduced on technical media).
6.1.4. If at the time of the Customer’s request a similar product is not available from the Company, the Customer has the right to refuse to perform the contract of sale and demand the return of the amount paid for the specified product.
The company is obliged to return the amount of money paid for the returned goods within 3 days from the date of return of the goods.
6.2. Return the goods of inadequate quality
The client has the right to return the goods of inadequate quality to the manufacturer or the Company and to demand the return of the paid sum of money during the warranty period, the shelf life or, if such a period is not set, within a reasonable period not exceeding two years.
The client also has the right to demand the replacement of goods of inadequate quality or the elimination of deficiencies.
In case of refusal of the Client from the contract and presentation of the requirement to return the sum of money paid for the goods in accordance with clause 6.2.1. of these Terms, the cost of the goods shall be returned to the Client within 10 days from the moment the Company receives a written statement from the Client.
The funds are refundable to the Client in the manner applied by the Client when paying for the goods.
6.3.2. If the refund is made at the same time with the return of the goods by the Client, the refund of the specified amount is made by the Company with the consent of the Client in one of the following ways:
1) in cash at the location of the Company;
2) by postal order;
3) by transferring the corresponding amount to a bank or other account of the Client indicated by the Client.
Procedure for violation by the seller of the terms of the range (re-export).
6.4.1. In the case of the transfer of goods in violation of the conditions on the assortment of the rule of art.
468 of the Civil Code do not apply.
If a product is found in an order that does not correspond to the ordered assortment (re-selection), the Customer has the right to refuse this product when transferring an order and demand replacement for the goods in the assortment provided by the order, or refund for the actually undelivered goods.
6.4.3. Goods transferred to the Client in violation of the assortment condition shall be returned to the Company. If the Client accepts this product, the Company has the right to demand that the Customer pay for this product at the price established by the Company for this product on the Site at the time of transfer of the goods.
If the actually transferred goods are not in the Company’s assortment presented on the Website at the time of transfer of the goods, the goods are paid at the price agreed with the Company.
Replacement of goods that do not comply with the order for the range, is carried out by placing a new order.
If it is impossible to replace the goods, the Company notifies the Client by sending a message to the email address indicated by the Client during registration, and the funds actually paid for the goods not transferred are returned in the manner provided for in clause 6.4.6. of these Terms.
Cash paid by the Client for the goods not actually transferred shall be returned within 10 days from the date of receipt of the Client’s written application for the return of cash.
The refund of the amount paid for the goods is carried out in the manner in which the payment was made.
Procedure for violation by the Company of the conditions of quantity.
When transferring an order, the Customer is obliged to check the quantity of goods in the order.
If during the transfer of the order by the Client discrepancies in the quantity of goods in the order are found, the Client shall, in the presence of a representative of the Company or the carrier, draw up an act of discrepancies in quantity.
If the Company transferred to the Client a smaller quantity of goods than specified by the order (non-investment), the Client, upon transferring the order, has the right to accept the goods in the part corresponding to the order and demand to transfer the missing quantity of goods, or, if the missing goods were paid, refuse the order in terms of the missing goods and demand a refund for the missing product.
The transfer of the missing goods is carried out through the registration of a new order, subject to the provision by the Client of the Discrepancy Act (Non-Attachment Act), drafted in the order of clause 6.5.1. of these Terms.
If the missing product has not been paid by the Customer, it is paid for in any available way chosen by the Customer or the Company in consultation with the Customer when placing a new order.
If it is impossible to transfer the missing goods, the Company notifies the Client by sending a message to the email address indicated by the Client during registration, and the funds actually paid for the missing goods are returned in the manner provided for in clause 6.4.6. of these Terms.
Cash paid by the Client for the missing goods shall be returned within 10 days from the date of receipt of the written application of the Client for the return of funds, as well as the Statement of Divergence (Non-Contribution Act) on the amount compiled in the order of 6.5.1. of these Terms.
The refund of the amount paid for the goods is carried out in the manner in which the payment was made.
In case of violation by the Client of clause 6.5.1 of these Terms and Conditions regarding the preparation of the Act, the Company has the right to refuse the Client to satisfy the claims on the quantity of goods transferred.
7. Warranties and liability
The Company shall not be liable for damage caused to the Client due to improper use of the goods ordered on the Site.
The Company has the right to assign or otherwise transfer its rights and obligations arising from its relations with the Client to third parties.
The client undertakes not to use the ordered goods for business purposes.
8. Confidentiality and protection of information
When registering on the Site, the Client provides the following information: last name, first name, middle name, postal address, contact phone number, e-mail address, password to access the Site.
By submitting his personal data when registering on the Website, the Client agrees to their processing by the Company, including for the purpose of promoting goods and services by the Company.
8.3. If the Client does not wish his personal data to be processed, he should contact the Site Administrator via the feedback form on the Site.
In this case, all information received from the Client (including the login and password) is deleted from the Company’s client base and the Client will not be able to place orders on the Site.
8.4. The company uses information:
1) for the registration of the Client on the Site;
2) to fulfill its obligations to the Client;
3) to evaluate and analyze the operation of the Site;
The Company is entitled to send advertising messages to the Client.
If the Client does not wish to receive mailings from the Company, he must change the corresponding subscription settings.
The Company undertakes not to disclose information received from the Client.
It is not considered a violation of the provision of information by the Company to agents and third parties acting on the basis of an agreement with the Company for the performance of obligations to the Client.
It is not considered a violation of disclosure obligations in accordance with the reasonable and applicable requirements of the law.
8.8. The company receives information about the IP-address of the visitor to the Site.
This information is used solely for statistical purposes and is not used to identify the visitor.
The Company is not responsible for information provided by the Client on the Site in a generally accessible form.
9. Final provisions
The legislation of the Russian Federation applies to relations between the Client and the Company.
In case of questions and complaints from the Client, he should contact the Company by phone or via the feedback form on the Site.
All disputes arising from the parties will try to resolve by negotiation.
If no agreement is reached, the dispute will be referred to the judicial authority in accordance with the current legislation of the Russian Federation.
The client guarantees that these Terms are understood by him, and he accepts them unconditionally and in full.
The invalidity of any provision of these Terms does not entail the invalidity of the remaining provisions.