Sales Agreement

Sales Agreement

The online store MyMokondo.com represented by IP Bogdanova E.D. (herein after referred to as SELLER) publishes this public offer, which is a public contract addressed to both individuals and legal entities (hereinafter referred to as BUYER) as follows:

 

  1. Subject of the formal offer

1.1. SELLER undertakes the obligation to transfer to the property of BUYER, and the BUYER undertakes the obligation to pay and accept goods (hereinafter referred to as PRODUCT) ordered in the online store www.mymokondo.com

 

  1. The moment of the conclusion of the Agreement

2.1. Text of this public offer is a public contract (in accordance with Article 435 and Article 437 p. 2 of the Civil Code of the Russian Federation).

2.2. The fact of placing the ORDER of PRODUCT from SELLER, both independently and through the operator, is the unconditional acceptance of this offer, and BUYER is considered as a person who entered into a contractual relationship with self-employed entrepreneur Bogdanova Eva Dmitrievna.

2.3. The sale contract is considered concluded when SELLER or the operator of fiscal data or another paying agent acting on behalf of and by order of SELLER sends BUYER a notice of receipt of the money. The notification will be sent to the email address that BUYER will indicate at the process of payment.

2.4. Registration of the ORDER of the PRODUCT and payment is carried out by BUYER placing an order in the online store www.mymokondo.com.

 

       3. Pricing

 3.1. Prices in the online store are indicated in the currency of the country of the SELLER for a PRODUCT unit. The cost of PRODUCT is indicated in the corresponding product card.

3.2. The total sum of the ORDER, which in some cases (at the request of the BUYER) may include a paid delivery of the PRODUCT, is indicated in the “Basket” section in the line “Total”.

 

  1. Payment

4.1. In the case of payment by cash, BUYER is obliged to pay the SELLER the price of the PRODUCT at the moment of its transfer, and the SELLER is obliged to provide the BUYER with a cash receipt or sales receipt, or other document confirming the payment of the PRODUCT.

4.2. In the case of wire transfer, BUYER’s obligation to pay the price of the PRODUCT is considered fulfilled from the moment funds are written off in the amount of 100% (one hundred percent) of prepayment from the BUYER’s current account in a bank and / or credit institution that provides payment services to the citizens in accordance with applicable Russian legislation including using electronic cash.

4.3. PRODUCT qualified under the category of underwear and erotic underwear according to the laws of the Russian Federation is not subject to exchange and return.

4.4. The moment of payments carried out through usage of credit card is considered as one working day following the day in which the payment was made.

 

  1. Delivery

5.1. The PRODUCT is delivered to the BUYER at the address and within the time agreed by the BUYER and the SELLER’s manager during the process of placing an order, or the BUYER may use the option to independently pick up the PRODUCT from the SELLER warehouse at the address specified in the section “Pick up point” on the website www.mymokondo.com.

5.2. The exact cost of delivery of the PRODUCT is determined by the SELLER’s manager during the process of placing the order and can not be changed after BUYER’s approval.

5.2. In case SELLER uses a third-party courier service, or a transport company, or postal service for the delivery, the SELLER cannot be held liable to the BUYER for the late or poor-quality fulfillment of contractual obligations made by third parties. The attracted transport company, not the SELLER, is responsible for the delivery time and the absence of damage of the PRODUCT during the delivery, and even the loss of the PRODUCT.

5.4. In case of delivery of the order by courier, the day and time range of delivery is agreed with the BUYER by the transport / courier company in advance.

5.5.1. When choosing a delivery option with fitting BUYER is granted with 15 minutes for fit check upon the expiry of which the BUYER must make a decision on purchase.

5.5.2. When ordering delivery within the Moscow Ring Road and the selected option "Payment upon receipt", the BUYER must have a necessary sum of money for cash payment.

5.6. If the BUYER fails to appear or does not take other necessary actions to accept the PRODUCT, the SELLER may consider the BUYER's refusal to execute the AGREEMENT. The absence of the BUYER at the delivery address in the pre-agreed time range for 15 minutes (the maximum period of waiting for the BUYER’s courier), the delivery is deemed to be duly performed, and is subject to full payment.

5.7. In the above case, the PRODUCT, undelivered due to the fault of the BUYER, shall be returned back to the SELLER. Such return delivery is subject to financial recompense to the SELLER at the expense of the BUYER according to the tariffs of the transport / courier company.

5.8. In the above situation, the re-delivery of the PRODUCT fully paid by the BUYER will be further agreed. The unpaid PRODUCT is returned back to the full disposal of the SELLER.

5.9. The SELLER’s obligation to transfer the PRODUCT to the BUYER is considered to be fulfilled at the time the courier delivers the PRODUCT to the BUYER or at the time the PRODUCT is received by the BUYER at the post office or at a pre-determined place of issue of the Order (including pick-up point).

5.10. Upon receipt of the Order, the BUYER after payment of the delivered PRODUCT is entitled to check the delivered PRODUCT by the mean of opening the package in the presence of the delivery service workers to check the PRODUCT for compliance with the declared quantity, assortment and completeness of the PRODUCT. In case of claims to the delivered PRODUCT (incomplete set, set of the PRODUCT other than those indicated in the shipping list, production defects, other claims), the delivery service workers shall draw up an fault certificate as specified by the BUYER. In the absence of such fault certificate, properly executed by a delivery service worker, the SELLER will not be able to be responsible for the incomplete set, set of the PRODUCT other than those indicated in the shipping list, and accept other claims on the set of the Order.

 

  1. Warranty

6.1. All PRODUCT sold in the online store www.mymokondo.com possesses all the necessary Certificate of Conformity as well as an exemption letter from certification.

 

  1. Rights and obligations of the Parties

7.1. SELLER undertakes:

7.1.1. Before entering into an agreement, to provide the BUYER with information on the main consumer properties of the PRODUCT, address (location) of the SELLER, place of manufacture of the PRODUCT, full company name (title) of the SELLER, price and terms of purchase of PRODUCT, its delivery, service life, period validity and warranty period, the procedure for payment for the PRODUCT, as well as the period during which the proposal to enter into the Agreement is valid.

7.1.2. Not to disclose any private information of the BUYER and not to provide access to this information to third parties, except as required by Russian law.

7.1.3. Provide the BUYER with the opportunity to receive free telephone consultations on the phones indicated on the store's website (www.mymokondo.com The scope of consultations is limited to specific issues related to the implementation of the ORDER.

7.1.4. The SELLER reserves the right to change this Agreement unilaterally.

7.2. BUYER undertakes to:

7.2.1.  Before the conclusion of the AGREEMENT, to read and understand the terms of the public offer, terms of payment and delivery on the store's website (www.mymokondo.com).

7.2.2. Provide accurate personal information (full name, contact phone numbers, email address) and full details for the delivery of the PRODUCT.

7.2.3. Accept and pay for the PRODUCT in the terms specified in this AGREEMENT.

 

  1. Liability of the Parties and resolution of disputes

8.1. The Parties shall assume the liability to the non-fulfillment or improper execution of this AGREEMENT according to the procedure stipulated by this Agreement and the current legislation of the Russian Federation.

8.2. The SELLER shall not assume the liability for the delivery of the ORDER if the BUYER specifies incorrect delivery address or incorrect contact phone number.

8.3. The SELLER shall not assume the liability in case the BUYER’s expectations about the consumer properties of the PRODUCT were not satisfied.

8.4. The SELLER shall not assume the liability for the partial or complete default on the delivery of the PRODUCT.

8.5. The BUYER, by placing the ORDER, is responsible for the accuracy of the information provided about himself, and also confirms that he has read and agreed with the terms of this AGREEMENT.

8.6. All disputes and disagreements arising from the performance by the PARTIES of their obligations under this Agreement shall be resolved through negotiations. Pre-trial dispute resolution is required. In case of conflict, BUYER sends a claim with a description of the problem to mail@mymokondo.com.  SELLER has 30 working days to examine the claim and reply. If the BUYER is not satisfied with the SELLER’s response, the BUYER has the right to apply to the Moscow Arbitration Court for judicial protection of his interests.

 

  1. Return and exchange

9.1.1. The requirement of the BUYER for the exchange or return of PRODUCT IN good quality is satisfied if the product is not classified as intimate (for personal consumption), underwear or erotic underwear, and has not been used, its consumer properties are preserved, the original packaging and labels has been preserved and are not broken, documents confirming the fact of purchase of this product in the online store www.mymokondo.ru are saved.

9.1.2. If the package is damaged, or the PRODUCT is inaccurately wrapped after the buyer has checked the quality of it, the SELLER reserves the right to refuse to return.

9.1.3. PRODUCT with a "disposable" packaging i.e. not openable, and / or with broken packaging, are not accepted for return. Trying on or opening the factory packaging of PRODUCT that falls under the definition of "for personal consumption" makes the return or exchange of the PRODUCT impossible, as well as erotic underwear and underwear is not a returnable product.

9.2. The term of such requirement is 7 (seven) days from the date of transfer of the PRODUCT to the BUYER, or at any time prior to the transfer of the PRODUCT to the BUYER.

9.3. If the BUYER rejects the PRODUCT, in accordance with Paragraph 4 of Article 497 of the Civil Code of the Russian Federation and Paragraph 4 of Article 26.1 of the Consumer Right Protection Law of Russian Federation, the SELLER will refund to BUYER the sum of money paid under the Retail Sales Agreement, subject to reimbursement of the SELLER of the necessary expenses incurred due with the execution of actions for the execution of the Agreement, no later than 30 days from the date of presentation by the BUYER of the relevant requirement. Such expenses include commissions of payment systems, payment of banking services for acquiring, and expenses incurred by the SELLER in connection with the organization of delivery for the exchange or return of PRODUCT from the BUYER.

 

10.1. The Parties shall be discharged from the liability for non-performance or improper performance of the obligations hereunder, if proper performance becomes impossible due to force majeure. By force majeure means extraordinary and insuperable circumstances under the given conditions, which prevent the PARTIES from fulfilling their obligations under this Agreement. These include natural disasters (earthquakes, floods, etc.), the circumstances of public life (military actions, emergencies, major strikes, epidemics, etc.), prohibitive measures by government agencies (prohibition of traffic, currency restrictions, international sanctions ban on trade, etc.). During this time, the PARTIES have no mutual claims, and each of the PARTIES assumes its risk the consequences of force majeure.

 

  1. The term of the Agreement

11.1. This AGREEMENT enters into force from the moment of applying to IP Bogdanova E.D. and the ORDER checkout, and ends with the full fulfillment of obligations by the PARTIES.

 

  1. Personal information

12.1. The SELLER collects and processes the personal data of the BUYER (namely: the last name, first name and patronymic of the BUYER; delivery address; contact telephone number) in order to complete:

  • fulfillment of the terms of this Agreement;
  • delivery to the Buyer of the ordered PRODUCT.

12.2. Placing the ORDER of the PRODUCT in the online store www.mymokondo.com, the BUYER gives his consent to the collection and processing of his personal data in order to deliver the ordered PRODUCT and fulfill the conditions of this AGREEMENT.

12.3. When collecting and processing the BUYER’s personal data, SELLER does not pursue other goals than those specified in paragraph 12.1 of this AGREEMENT.

12.4. Only persons directly related to the execution of ORDERS have access to the personal data of the BUYER.