1. TERMS AND DEFINITIONS
1.1 In this offer, unless the context requires otherwise, the following terms have the following meanings and are an integral part of it:
The seller is an individual entrepreneur Sivakova Anna Igorevna.
The buyer is any capable individual who has accepted the public offer on the terms of this offer, placing orders and purchasing goods from the individual entrepreneur A.I. Sivakov, which are presented on the website Leushina.by , for their personal, household and other needs not related to the implementation of entrepreneurial activity.
Online store — the official online store of the Seller "Leushina", located at the Internet address https://www.leushina.by . Within the framework of this agreement, the concepts of an online store and a Store, as well as Internet addresses https://www.leushina .by and derivatives of leushina.by are equivalent and are interpreted authentically, according to the context of the offer.
The product is the object of the agreement of the parties, the list of assortment items presented in the official online store.
A promotional discount is a discount that is provided for a certain Product. The discount amount is indicated on the Product page. The price of the Product is indicated taking into account the promotional discount.
A discount on a promo code is a discount that is provided for a certain group of Products when a special code is entered when placing an Order in the Buyer's "Basket".
A promo code is a special code that provides a discount on a certain group of Products and has an expiration date. To get a discount on a promo code, the promo code must be entered in a special field in the Buyer's "Basket" when placing an Order, some promo codes can be applied automatically. Only one promo code can be applied to one unit of the product.
A regular Customer discount is a discount provided by an online store to a Customer under certain conditions. The terms of the discount are provided in the "My Discount" section
2. GENERAL PROVISIONS
2.1 This public Offer (hereinafter referred to as the Contract) is an official offer of the individual entrepreneur A.I. Sivakov to any individual who has the legal capacity and the necessary authority to conclude a contract of sale of Goods with the individual entrepreneur A.I. Sivakov on the terms defined in this offer and contains all the essential terms of the contract.
2.2 Relations in the field of consumer rights protection are regulated by the legislation of the Republic of Belarus, in particular the provisions of the Civil Code of the Republic of Belarus, the Rules for Retail Trade of Certain Types of Goods and Public Catering, the Law of the Republic of Belarus on Consumer Rights Protection, the Law of the Republic of Belarus on Appeals of Citizens and Legal Entities, the Rules for the Sale of Goods by Samples.
3. THE SUBJECT OF THE GOODS AND THE PRICE OF THE GOODS
3.1 The Seller transfers, and the Buyer accepts and pays for the goods on the terms of this agreement. The contract.
3.2 The ownership of the Ordered Goods passes to the Buyer from the moment of the actual transfer of the Goods to the Buyer and the latter pays the full cost of the Goods. The risk of his accidental death or damage to the Goods passes to the Buyer from the moment of the actual transfer of the Goods to the Buyer.
3.3 The prices of the Goods are determined by the Seller unilaterally and indisputably and are indicated on the pages of the online store located at the Internet address: https://www.leushina.by
3.4 The price of the goods is indicated in Belarusian rubles and includes value added tax.
3.5 The final price of the Goods is determined by the sequential action of discounts on the Price of the Goods in the following order:
• Promotional discount
• Discount on the promo code
• Regular Customer Discount
4. THE MOMENT OF CONCLUSION OF THE CONTRACT
4.1 The text of this Agreement is a public offer (in accordance with Article 405 and Article 407 of the Civil Code of the Republic of Belarus).
4.2 Acceptance of this offer (contract) is the execution by the Buyer of an order for Goods in accordance with the terms of this offer.
4.3 The Buyer makes an order for the Goods by entering personal data in the "shopping cart" section and clicking the order button.
4.4 The contract concluded on the basis of the Buyer's acceptance of this offer is an accession agreement to which the Buyer joins without any exceptions and/or reservations.
4.5 The fact of placing an order by the Buyer is an unconditional fact of acceptance by the Buyer of the terms of this Agreement. The Buyer who purchased the goods in the Seller's online store (who placed an order for the goods) is considered as a person who entered into a relationship with the Seller under the terms of this Agreement.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1.1. The Seller undertakes:
From the moment of conclusion of this Agreement, to ensure in full all obligations to the Buyer in accordance with the terms of this agreement and the current legislation. The Seller reserves the right to default on the obligations under the Agreement in case of force majeure circumstances specified in clause 6 of this Agreement.
Process the Buyer's personal data and ensure their confidentiality in accordance with the procedure established by the current legislation of the Republic of Belarus.
5.1.2 By accepting this offer, the Buyer agrees and authorizes IP Sivakova A.I. Minsk, Mogilevskaya str., 32, kv 65, Republic of Belarus (hereinafter referred to as the Operator) to process their personal data, including surname, first name, patronymic, date of birth, gender, biometric personal data, place of work and position, postal address; home, work, mobile phones, e-mail address, including collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transfer on the territory of the Republic of Belarus and cross-border transfer), depersonalization, blocking, destruction of personal data, as well as their transfer to the Operator's counterparties for conducting research aimed at improving the quality of services, for conducting marketing programs, statistical research, and also to promote services on the market by making direct contacts with the Buyer using various means of communication, including, but not limited to: mailing list, e-mail, telephone, fax, Internet. The Buyer agrees and authorizes the Operator and the Operator's counterparties to process the Buyer's personal data using automated database management systems, as well as other software tools specially developed on behalf of the Operator. Work with such systems is carried out according to the algorithm prescribed by the operator (collection, systematization, accumulation, storage, clarification, use, blocking, destruction). Processing methods used (including, but not limited to): automatic reconciliation of postal codes with the code base, automatic verification of the spelling of street names / localities, clarification of data with the Buyer by telephone, postal communication with the Buyer or via contact via the Internet, segmentation of the database according to specified criteria. The Buyer agrees that, if necessary for the purposes specified in this offer, his personal data received by the Operator may be transferred to third parties to whom the Operator may entrust the processing of the Buyer's personal data on the basis of an agreement concluded with such persons, subject to compliance with the requirements of the Law of the Republic of Belarus "On Information, informatization and information protection" and ensuring by such third parties the confidentiality of personal data and the security of personal data during their processing. When transmitting the specified Buyer's data, the Operator warns the persons receiving the Buyer's personal data that these data are confidential and can only be used for the purposes for which they are reported, and requires these persons to comply with this rule. The Buyer has the right to request from the Operator full information about his personal data, their processing and use, as well as to request the exclusion or correction/ addition of incorrect or incomplete personal data by sending a corresponding written request to the Operator's postal address. The consent given by the Buyer to the processing of his personal data is indefinite and can be revoked by sending a written application by the Buyer to the Operator's postal address.
5.2 THE SELLER HAS THE RIGHT TO
5.2.1 Amend this Agreement, Product Prices and Tariffs for related services, methods and terms of payment and delivery of goods unilaterally by placing them on the pages of the online store located at the Internet address: https://www.leushina.by . All changes take effect immediately after publication, and are considered to be brought to the attention of the Buyer from the moment of such publication.
5.2.2 To record telephone conversations with the Buyer. In accordance with the Law of the Republic of Belarus "On Information, Informatization and Information Protection", the Seller undertakes to: prevent attempts of unauthorized access to information and /or transfer it to persons not directly related to the execution of Orders; promptly detect and prevent such facts.
5.2.3 Without the consent of the Buyer, transfer their rights and obligations to perform the Contract to third parties.
5.2.4 Before delivery of the goods ordered by the Customer, the Seller has the right to demand from the Customer 100% prepayment of the ordered goods. The Seller has the right to refuse to deliver the goods to the Customer in the absence of such payment.
5.2.5 The Seller has the right not to deliver the Goods to the Customer by courier, including without 100% prepayment of the ordered Goods, to the address specified when placing the order by the Customer, and to transfer the Goods at the corporate pick-up point agreed with the Customer.
5.2.6 The Seller has the right to make restrictions on the Goods delivered to the Customer at the same time.
5.2.7 Use the "cookies" technology. "Cookies" do not contain confidential information and are not transmitted to third parties.
5.2.8 Receive information about the IP address of the Site visitor www.leushina.by . This information is not used to identify the visitor and is not subject to transfer to third parties.
5.2.9 The Seller has the right to send advertising and informational messages to the Buyer via e-mail and SMS mailings with information about discounts, promotions, new arrivals, etc. The frequency of mailings is determined by the Seller independently, unilaterally.
5.2.10 The Supplier has the right to unilaterally cancel the Buyer's Order in case of violation by the Buyer of clause 5.3 of this Offer.
5.2.11 The Seller has the right to make restrictions on the amount of ordered goods for one day of delivery.
5.2.12 The Seller has the right to change the terms of the Promotions posted on the website of the online store www.leushina.by , unilaterally without the consent of the Buyer, by posting such changes on the website of the online store www.leushina.by .
5.2.13 By posting a review on the website, you consent to the use of the review data on third-party resources.
5.3. THE BUYER UNDERTAKES
5.3.1 Before the conclusion of the Contract, familiarize yourself with the contents and terms of the Contract, the prices of the Goods offered by the Seller in the online store.
5.3.2 In fulfillment of the Seller's obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the buyer, and sufficient to deliver the Goods paid for to the Buyer.
5.3.3 Pay for the ordered Goods and, if necessary, pay for the delivery of the Goods, on the terms of this agreement.
5.3.4 If the Buyer specifies a non-cash payment method for the Order (by bank card or electronic payment system) when placing an Order, the Buyer is obliged to pay for his Order within 12 hours from the moment of registration.
5.3.5 Comply with the Rules of Sale.
Do not use the goods ordered on the website for business purposes.
5.4. THE BUYER HAS THE RIGHT TO
5.4.1 The Buyer has the right to refuse to receive an e-mail newsletter, for this he needs to click on the link in the letter "Cancel subscription to these messages ..."
6. DELIVERY OF THE GOODS
6.1 Delivery of the Goods to the Buyer is carried out within the time agreed by the Parties upon confirmation of the order by the Seller's employee and the conditions set out in the Rules of Sale. If the buyer does not receive the order within the agreed time, the seller has the right to cancel the order without further informing the Client. If the order is prepaid, the funds are returned to the buyer within the time period established by law.
6.2 The Seller has the right to limit the quantity of Goods delivered to the Customer at the same time.
6.3 After receiving the Order, claims to the quantity, completeness and type of Goods are not accepted.
6.4 Checking and fitting of the ordered Goods, as well as all settlements with the Courier are made in no more than 15 minutes. Checking and fitting of the ordered Goods at pick-up points is unlimited in time.
6.5 You can find out information about paid delivery when placing an order.
6.6 In case of cancellation of the prepaid order by the Customer, after its transfer to delivery, the funds will be refunded in full
6.7 Upon delivery of a prepaid order, the courier or the employee of the pick-up point may ask the Customer to present an identity document.
6.8 If the Consumer refuses the Goods, the Seller must return to him the amount paid by the Consumer, except for the Seller's costs for delivery from the buyer and/or to the buyer of the returned goods, no later than 7 days from the date of the Consumer's submission of the corresponding claim.
7. RETURN OF GOODS AND FUNDS
7.1 The return of the Goods is carried out in accordance with the terms and conditions specified in the "exchange and refund" section
8. FORCE MAJEURE
8.1 Either Party is released from liability for full or partial non-fulfillment of its obligations under this Agreement, if this non-fulfillment was caused by force majeure circumstances that arose after the signing of this Agreement. "Force Majeure Circumstances" means extraordinary events or circumstances that such a Party could not have foreseen or prevented by the means available to it. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, military actions, actions of Belarusian or foreign state bodies, as well as any other circumstances beyond the reasonable control of either Party. Changes in the current legislation or regulations that directly or indirectly affect any of the Parties are not considered as Force Majeure Circumstances, however, in the event of such changes that do not allow any of the Parties to fulfill any of its obligations under this Agreement, the Parties are obliged to immediately make a decision on the procedure for eliminating this problem in order to ensure that the Parties continue to perform this Agreement.
9. RESPONSIBILITY OF THE PARTIES
9.1 For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties are responsible in accordance with the legislation of the Republic of Belarus.
9.2 All text information and graphic images posted in the online store have a legitimate copyright holder, illegal use of the specified information and images is prosecuted in accordance with the current legislation of the Republic of Belarus.
10. OTHER CONDITIONS
10.1 The parties will try to resolve all disputes related to non-fulfillment or improper fulfillment of their obligations under this agreement during negotiations.
10.2 In case of failure to reach an agreement during negotiations, disputes will be resolved in court in accordance with the current legislation of the Republic of Belarus.
10.3 The court's invalidation of one or more provisions of this Public Offer does not entail the invalidity of other provisions and the public offer as a whole.