PUBLIC OFFER
(a contract for the retail sale and purchase of goods by remote means and a contract for the manufacture of individually defined goods)
Individual entrepreneur Yuzbashyan Karen Surikovich, hereinafter referred to as the "Seller", OGRNIP 317774600159966, INN 773124125756, place of business: 121354, Moscow, Kutuzova St., 11, bldg. 4, apt. 116, place of sale by pick-up (Seller's studio): Moscow, Bolshoy Kolobovsky per., 2, publishes this public offer (hereinafter referred to as the "Offer") on the website https://dirtyhands.ru/ "DirtyHands" in accordance with Articles 435, 437, 438 of the Civil Code of the Russian Federation (hereinafter referred to as the "CC RF").
1. TERMS AND DEFINITIONS
1.1. Online store - a set of pages of the website(s) and / or mobile applications on which the Seller's activities are carried out and through which the Buyer can get acquainted with the range of Products, place an order for sale or an individual order for the manufacture of goods and pay for the order.
1.2. Buyer - an individual with legal capacity, purchasing Products exclusively for personal, family, household and other needs not related to entrepreneurial activities, and duly accepting the terms of this Offer.
The Seller processes the Buyer's personal data to the extent necessary to fulfill the Sale and Purchase Agreement or the Contract: full name, delivery address, contact phone number, e-mail and other information provided by the Buyer. The legal basis for processing is the consent of the subject and/or the need to process for the performance of the agreement in accordance with Federal Law No. 152-FZ of 27.07.2006 "On Personal Data". The privacy policy is posted on the website of the Online Store. Cross-border transfer of personal data is possible if delivery outside the Russian Federation is necessary, subject to legal requirements and/or the consent of the Buyer.
1.3. Product — ceramic and other products of the Seller's own production, presented in the assortment of the Online Store.
1.4. Custom order — a product manufactured by the Seller according to an individual assignment from the Buyer, taking into account the specified specific requirements for shape, size, color, decor or other characteristics not provided for by the standard line of Products.
1.5. The Sale and Purchase Agreement is a retail sale and purchase agreement for the Goods concluded between the Seller and the Buyer in accordance with Article 492 of the Civil Code of the Russian Federation and the Law of the Russian Federation of 07.02.1992 No. 2300-1 “On the Protection of Consumer Rights” (hereinafter referred to as the “Law on the Protection of Consumer Rights”).
1.6. Contract for work – a contract for the manufacture of an Individual Order, concluded between the Seller and the Buyer in accordance with Article 730 of the Civil Code of the Russian Federation and the Law on the Protection of Consumer Rights.
2. SUBJECT OF THE OFFER
2.1. This Offer defines the terms and conditions for the purchase by the Buyer of:
finished Goods of the Seller's own production (conclusion of the Purchase and Sale Agreement);
the manufacture of Individual Orders according to the personal specifications of the Buyer (conclusion of the Contract for work).
The Seller offers to conclude a Purchase and Sale Agreement or a Contract for work remotely under the terms and conditions set forth in this Offer.
The Offer contains all the essential terms and conditions of the proposed agreement with an individual (consumer) purchasing the Seller's goods for personal, family, household and other needs not related to entrepreneurial activity.
Acceptance of the Offer by the Buyer means full and unconditional acceptance of all terms and conditions of the purchase of the goods and entails the conclusion of an agreement between the Seller and the Buyer under the terms and conditions of this Offer. Legal relations not regulated by the Offer may be governed by separate agreements of the parties.
3. PROCEDURE FOR CONCLUDING AND PAYING FOR THE AGREEMENT
3.1. Sale of finished Goods (Purchase and Sale Agreement).
The subject of the agreement is a specific Product – a ceramic or other product, the description of which is indicated on the Product page (card) in the Online Store: name (model, series, article number, etc.), material, dimensions, weight, configuration, main consumer properties, photograph, price and availability at the time of ordering, and other information. The price, payment methods, cost and delivery time, release date, and other material terms and conditions set forth by the Seller in the order confirmation (assignment of an order number and sending of confirmation) are binding on the parties and cannot be unilaterally changed by the Seller after acceptance.
3.2. The Buyer reviews the Product description in the Online Store, selects the Product, and places an Order through the "Cart" section or by placing the order directly from the Product description page (card).
3.3. After placing the Order, the Seller sends the Buyer a confirmation by email or other means provided in the Online Store.
3.4. The Purchase and Sale Agreement is considered concluded upon the Buyer's acceptance of the Offer.
Depending on the payment method, acceptance is recorded as follows:
In case of prepayment – the moment of crediting funds to the Seller’s bank account or other confirmation of payment acceptance; in case of online payment – the moment of confirmation by the payment system of the transaction and (or) the moment the Seller sends confirmation of order acceptance (assignment of an order number) to the Buyer’s e-mail and (or) to the Buyer’s personal account in the Online Store and (or) or another action directly specified on the Product page (card);
in case of payment upon delivery of the Product or the Buyer’s pickup – the moment the Product is transferred to the Buyer and payment is received by the carrier or the Seller’s representative.
The Seller undertakes to send the Buyer confirmation of the conclusion of the agreement (order number and product details) by sending messages to the e-mail and (or) phone number specified by the Buyer (including SMS or in messaging programs) and (or) to the Buyer’s personal account in the Online Store.
3.5. Custom Orders (Contract for Work)
The Buyer's acceptance of the Offer for the production of a Custom Order shall constitute the conclusion of a separate contract for work between the Seller and the Buyer in accordance with Article 730 of the Civil Code of the Russian Federation.
Each Custom Order shall be accompanied by technical specifications (technical assignments) agreed upon by the parties and recorded through the online store resources and/or in the parties' correspondence via email or messaging programs in ways that allow for the reliable identification of the Seller and the Buyer. The signature of the specification shall be deemed to be its confirmation by the Buyer in the specified manner or the signing of a separate electronic or paper document, if the parties have agreed to such a procedure.
In any case, the technical specifications (technical assignments) may not include conditions that are contrary to Russian law, infringe the rights of third parties (including copyright), contain technically impossible requirements, or are contrary to public morality and ethics. The Seller reserves the right to refuse to approve the technical specifications (technical assignments) and produce the Custom Order without explanation.
Custom Orders will be fulfilled upon receipt of a 100% advance payment, unless otherwise agreed upon by the parties in the same format as the technical specifications (technical assignment). The moment of acceptance of a Custom Order is considered the actual transfer of the finished product to the Buyer or their authorized representative upon execution of the acceptance certificate (including photo and video recording), or another method of acceptance of the Product recorded by the parties. Delivery and transfer will be carried out in accordance with the methods set forth in Section 5 of the Offer.
3.6. The contract for the manufacture of an Individual Order shall be deemed concluded from the moment the Offer is accepted by the Buyer in the manner prescribed by clause 3.4 of the Offer. The execution (commencement of manufacture) of the Individual Order shall be carried out upon receipt of 100% advance payment from the Buyer.
3.7. Individual orders manufactured according to the personal assignment of the Buyer, taking into account its specific requirements, are not subject to return or exchange in accordance with clause 4 of Article 26.1 of the Law "On Protection of Consumer Rights.
3.8. Payment for Goods.
Payment shall be made in rubles prior to the transfer of the Goods to the Buyer in one of the following ways:
online acquiring in the Online Store, including payment via the Fast Payment System, deferred payment services (BNPL), installments and credit;
bank transfer to the Seller's bank account;
other methods specified in the Online Store.
The Seller has the right to independently determine the payment methods acceptable for certain Goods.
3.9. Payment for Individual Orders shall be made in the amount of 100% of the cost under a separate Contract before the start of product manufacturing.
3.10. All prices for Products are indicated in rubles and include VAT (if applicable). For orders with paid delivery, the delivery cost is indicated on the Product pages (cards) and/or in the "Cart" section of the Online Store.
3.11. Unless otherwise provided for individual Products on the Product pages (cards) and/or in the "Cart" section of the Online Store, the delivery cost is paid by the Buyer separately and is calculated individually based on the dimensions, weight of the product and the delivery address.
4. DELIVERY AND TRANSFER OF GOODS
4.1. The Buyer pays the delivery cost, which is calculated individually based on the dimensions, actual volume or weight equivalent, carrier rates and the delivery address. The delivery cost may be included in the price of the Product or paid separately.
Delivery methods:
within the Moscow Ring Road (MKAD) - by the Seller's transport and forces or a carrier (courier) engaged by the Seller. The Seller has the right to independently determine which Products may be sold by delivery within the Moscow Ring Road (MKAD);
in other territories of the Russian Federation or abroad - by a carrier engaged by the Seller, under conditions individually determined depending on the type, dimensions, weight, and other characteristics of the Product, and the delivery location. The Seller has the right to independently determine which Products may be sold by delivery within the Russian Federation and/or outside the Russian Federation, and to determine the countries and territories (inside and outside the Russian Federation) to which delivery is not carried out;
Pickup from the Seller's studio - by the Buyer at the address: Moscow, Bolshoy Kolobovsky Lane, Bldg. 2. The studio's opening hours are specified in the Online Store. Unless otherwise provided by the Seller through the Online Store software when placing an order, prior agreement on the date and time is required through the Online Store resources or through the communication channels with the Seller specified in the Online Store. The Seller has the right to independently determine which Products can be sold for pickup.
4.2. Before confirming the order, the Buyer is informed of the estimated delivery cost and estimated delivery time through the Online Store software. The final cost and delivery time are confirmed by the Seller in the order confirmation. In the event of changes to the delivery terms, the Seller is obliged to notify the Buyer no later than one business day before the planned shipment date.
4.3. Delivery times are set by the Seller individually upon confirmation of the Order and depend on the production workload, delivery geography, and other objective factors. The risk of accidental loss of or damage to the Goods passes to the Buyer from the moment the Goods are handed over to the Buyer or a person authorized by the Buyer, or from the moment the Goods are handed over to the carrier (courier) for delivery to the Buyer (Article 459 of the Civil Code of the Russian Federation).
4.4. In the case of international delivery, the Buyer shall bear the costs and risks associated with customs clearance and payment of duties in the country of destination. The Seller shall arrange for shipment, but all issues related to customs clearance, payment of customs duties, import taxes and other mandatory payments in the country of destination, as well as compliance with import regulations, shall be borne by the Buyer, unless otherwise agreed by the parties in writing. The Seller, by agreement, may prepare the necessary export and customs documents and assist in clearance, but shall not be liable for the application and calculation of import duties and restrictions in force in the jurisdiction of the country of destination.
5. BUYER'S RIGHTS TO REFUSE THE GOODS
5.1. Finished Goods (Purchase and Sale Agreement)
The Buyer has the right to refuse the order at any time prior to the delivery of the Goods. The Buyer has the right to refuse Goods of proper quality within 7 (seven) days from the date of delivery without explanation (Clause 4, Article 26.1 of the Law on the Protection of Consumer Rights).
If information regarding the procedure and terms for returning the Goods was not provided to the Buyer in writing at the time of delivery, the Buyer has the right to refuse the Goods within three months from the date of delivery (Clause 4, Article 26.1 of the Law on the Protection of Consumer Rights).
Only Goods of proper quality may be returned, provided that their presentation, consumer properties, packaging, and the document confirming the fact and terms of purchase are preserved, except in cases established by law.
5.2. The Buyer's complaint (claim) will be considered within 10 calendar days from the date of its receipt. The request for a refund will be fulfilled no later than 10 calendar days from the date of the Buyer's request.
5.3. Individual Orders
The Buyer has no right to refuse to fulfill the Contract for the manufacture of a product with individually defined properties if it can be used exclusively by the Buyer (clause 4, Article 26.1 of the Law on the Protection of Consumer Rights).
Products manufactured strictly according to the Buyer's individual specifications and possessing properties that make the product unique (including custom sizes, exclusive decor, personalization at the Buyer's request) are not subject to return or exchange of proper quality, except in cases of detection of a manufacturing defect confirmed by the acceptance certificate or the result of an examination.
5.4. Termination of the Contract before the delivery of the work result is possible subject to payment by the Contractor of the actual expenses incurred (Clause 1, Article 717 of the Civil Code of the Russian Federation). The Seller has the right to use the results of the work actually performed under the Contract at its own discretion without the consent of the Buyer.
6. WARRANTY OBLIGATIONS
6.1. The Seller sets a warranty period for finished ceramic products, information about which is posted on the pages (cards) of the Products in the Online Store or communicated to the Buyer when concluding the Contract. The warranty period begins to run from the moment the Products are transferred to the Buyer.
6.2. The warranty period for Individual orders is set in a separate Contract.
6.3. The warranty does not cover defects arising from:
violation by the Buyer of the rules of operation, storage or transportation;
mechanical damage after the transfer of the Products;
exposure to external factors (temperature changes, humidity, etc.);
other specific violations of the requirements for the storage and operation of the Goods, which are posted on the pages (cards) of the Goods of the Online Store or reported to the Buyer when concluding the Contract
6.4. In the event that defects in the Goods are discovered during the warranty period, the Buyer has the right to demand, under the terms of the Law on the Protection of Consumer Rights:
free elimination of defects;
a proportionate reduction in price;
replacement of the Goods with similar ones;
refund of the amount paid.
7. LIABILITY OF THE PARTIES
7.1. For late delivery of the prepaid Goods, the Seller shall pay the Buyer a penalty (forfeit) in the amount of 0.5% of the advance payment amount for each day of delay.
7.2. The maximum penalty amount may not exceed the advance payment amount.
7.3. The Seller shall not be liable for the inability to fulfill obligations due to force majeure. The parties shall be released from liability for partial or complete failure to fulfill obligations caused by force majeure circumstances supported by adequate evidence. The party for which the impossibility of performance has arisen is obliged to promptly notify the other party within a reasonable time.
8. DISPUTE RESOLUTION PROCEDURE
8.1. The claims procedure is mandatory. Claims shall be sent by e-mail or to the address of the Seller's business.
8.2. The claim review period is 10 days from the date of receipt (Article 22 of the Consumer Protection Law).
8.3. If no agreement is reached, the dispute shall be resolved in the court at the Buyer's place of residence (Clause 7 of Article 29 of the Consumer Protection Law).
9. FINAL PROVISIONS
9.1. The Seller has the right to unilaterally make changes to this Offer. Changes shall come into force from the moment of their publication on the Online Store website.
9.2. The Buyer is obliged to familiarize themselves with the current version of the Offer before each Order.
9.3. The relations arising from this Offer shall be subject to the law of the Russian Federation. In case of cross-border deliveries, the parties are obliged to comply with the mandatory rules of the jurisdiction of the country of destination (customs, tax and other mandatory rules).
The invalidity of individual provisions of the Offer shall not entail the invalidity of the entire Offer.
All disputes shall be resolved in accordance with the legislation of the Russian Federation.
9.4. The buyer is notified that the Internet resources WhatsApp, Instagram, Facebook belong to the organization Meta Platforms Inc., which is recognized as extremist and banned in Russia.
10. DETAILS OF THE SELLER
IP Yuzbashyan Karen Surikovich
OGRNIP: 317774600159966
INN: 773124125756
Address for sending correspondence: 121354, Moscow, Kutuzova St., 11, bldg. 4, apt. 116
Address of production and pickup of Goods: Moscow, Bolshoy Kolobovsky per., 2
E-mail: https://dirtyhands.ru/
Contact phone number: +7 916 319-51-86
(a contract for the retail sale and purchase of goods by remote means and a contract for the manufacture of individually defined goods)
Individual entrepreneur Yuzbashyan Karen Surikovich, hereinafter referred to as the "Seller", OGRNIP 317774600159966, INN 773124125756, place of business: 121354, Moscow, Kutuzova St., 11, bldg. 4, apt. 116, place of sale by pick-up (Seller's studio): Moscow, Bolshoy Kolobovsky per., 2, publishes this public offer (hereinafter referred to as the "Offer") on the website https://dirtyhands.ru/ "DirtyHands" in accordance with Articles 435, 437, 438 of the Civil Code of the Russian Federation (hereinafter referred to as the "CC RF").
1. TERMS AND DEFINITIONS
1.1. Online store - a set of pages of the website(s) and / or mobile applications on which the Seller's activities are carried out and through which the Buyer can get acquainted with the range of Products, place an order for sale or an individual order for the manufacture of goods and pay for the order.
1.2. Buyer - an individual with legal capacity, purchasing Products exclusively for personal, family, household and other needs not related to entrepreneurial activities, and duly accepting the terms of this Offer.
The Seller processes the Buyer's personal data to the extent necessary to fulfill the Sale and Purchase Agreement or the Contract: full name, delivery address, contact phone number, e-mail and other information provided by the Buyer. The legal basis for processing is the consent of the subject and/or the need to process for the performance of the agreement in accordance with Federal Law No. 152-FZ of 27.07.2006 "On Personal Data". The privacy policy is posted on the website of the Online Store. Cross-border transfer of personal data is possible if delivery outside the Russian Federation is necessary, subject to legal requirements and/or the consent of the Buyer.
1.3. Product — ceramic and other products of the Seller's own production, presented in the assortment of the Online Store.
1.4. Custom order — a product manufactured by the Seller according to an individual assignment from the Buyer, taking into account the specified specific requirements for shape, size, color, decor or other characteristics not provided for by the standard line of Products.
1.5. The Sale and Purchase Agreement is a retail sale and purchase agreement for the Goods concluded between the Seller and the Buyer in accordance with Article 492 of the Civil Code of the Russian Federation and the Law of the Russian Federation of 07.02.1992 No. 2300-1 “On the Protection of Consumer Rights” (hereinafter referred to as the “Law on the Protection of Consumer Rights”).
1.6. Contract for work – a contract for the manufacture of an Individual Order, concluded between the Seller and the Buyer in accordance with Article 730 of the Civil Code of the Russian Federation and the Law on the Protection of Consumer Rights.
2. SUBJECT OF THE OFFER
2.1. This Offer defines the terms and conditions for the purchase by the Buyer of:
finished Goods of the Seller's own production (conclusion of the Purchase and Sale Agreement);
the manufacture of Individual Orders according to the personal specifications of the Buyer (conclusion of the Contract for work).
The Seller offers to conclude a Purchase and Sale Agreement or a Contract for work remotely under the terms and conditions set forth in this Offer.
The Offer contains all the essential terms and conditions of the proposed agreement with an individual (consumer) purchasing the Seller's goods for personal, family, household and other needs not related to entrepreneurial activity.
Acceptance of the Offer by the Buyer means full and unconditional acceptance of all terms and conditions of the purchase of the goods and entails the conclusion of an agreement between the Seller and the Buyer under the terms and conditions of this Offer. Legal relations not regulated by the Offer may be governed by separate agreements of the parties.
3. PROCEDURE FOR CONCLUDING AND PAYING FOR THE AGREEMENT
3.1. Sale of finished Goods (Purchase and Sale Agreement).
The subject of the agreement is a specific Product – a ceramic or other product, the description of which is indicated on the Product page (card) in the Online Store: name (model, series, article number, etc.), material, dimensions, weight, configuration, main consumer properties, photograph, price and availability at the time of ordering, and other information. The price, payment methods, cost and delivery time, release date, and other material terms and conditions set forth by the Seller in the order confirmation (assignment of an order number and sending of confirmation) are binding on the parties and cannot be unilaterally changed by the Seller after acceptance.
3.2. The Buyer reviews the Product description in the Online Store, selects the Product, and places an Order through the "Cart" section or by placing the order directly from the Product description page (card).
3.3. After placing the Order, the Seller sends the Buyer a confirmation by email or other means provided in the Online Store.
3.4. The Purchase and Sale Agreement is considered concluded upon the Buyer's acceptance of the Offer.
Depending on the payment method, acceptance is recorded as follows:
In case of prepayment – the moment of crediting funds to the Seller’s bank account or other confirmation of payment acceptance; in case of online payment – the moment of confirmation by the payment system of the transaction and (or) the moment the Seller sends confirmation of order acceptance (assignment of an order number) to the Buyer’s e-mail and (or) to the Buyer’s personal account in the Online Store and (or) or another action directly specified on the Product page (card);
in case of payment upon delivery of the Product or the Buyer’s pickup – the moment the Product is transferred to the Buyer and payment is received by the carrier or the Seller’s representative.
The Seller undertakes to send the Buyer confirmation of the conclusion of the agreement (order number and product details) by sending messages to the e-mail and (or) phone number specified by the Buyer (including SMS or in messaging programs) and (or) to the Buyer’s personal account in the Online Store.
3.5. Custom Orders (Contract for Work)
The Buyer's acceptance of the Offer for the production of a Custom Order shall constitute the conclusion of a separate contract for work between the Seller and the Buyer in accordance with Article 730 of the Civil Code of the Russian Federation.
Each Custom Order shall be accompanied by technical specifications (technical assignments) agreed upon by the parties and recorded through the online store resources and/or in the parties' correspondence via email or messaging programs in ways that allow for the reliable identification of the Seller and the Buyer. The signature of the specification shall be deemed to be its confirmation by the Buyer in the specified manner or the signing of a separate electronic or paper document, if the parties have agreed to such a procedure.
In any case, the technical specifications (technical assignments) may not include conditions that are contrary to Russian law, infringe the rights of third parties (including copyright), contain technically impossible requirements, or are contrary to public morality and ethics. The Seller reserves the right to refuse to approve the technical specifications (technical assignments) and produce the Custom Order without explanation.
Custom Orders will be fulfilled upon receipt of a 100% advance payment, unless otherwise agreed upon by the parties in the same format as the technical specifications (technical assignment). The moment of acceptance of a Custom Order is considered the actual transfer of the finished product to the Buyer or their authorized representative upon execution of the acceptance certificate (including photo and video recording), or another method of acceptance of the Product recorded by the parties. Delivery and transfer will be carried out in accordance with the methods set forth in Section 5 of the Offer.
3.6. The contract for the manufacture of an Individual Order shall be deemed concluded from the moment the Offer is accepted by the Buyer in the manner prescribed by clause 3.4 of the Offer. The execution (commencement of manufacture) of the Individual Order shall be carried out upon receipt of 100% advance payment from the Buyer.
3.7. Individual orders manufactured according to the personal assignment of the Buyer, taking into account its specific requirements, are not subject to return or exchange in accordance with clause 4 of Article 26.1 of the Law "On Protection of Consumer Rights.
3.8. Payment for Goods.
Payment shall be made in rubles prior to the transfer of the Goods to the Buyer in one of the following ways:
online acquiring in the Online Store, including payment via the Fast Payment System, deferred payment services (BNPL), installments and credit;
bank transfer to the Seller's bank account;
other methods specified in the Online Store.
The Seller has the right to independently determine the payment methods acceptable for certain Goods.
3.9. Payment for Individual Orders shall be made in the amount of 100% of the cost under a separate Contract before the start of product manufacturing.
3.10. All prices for Products are indicated in rubles and include VAT (if applicable). For orders with paid delivery, the delivery cost is indicated on the Product pages (cards) and/or in the "Cart" section of the Online Store.
3.11. Unless otherwise provided for individual Products on the Product pages (cards) and/or in the "Cart" section of the Online Store, the delivery cost is paid by the Buyer separately and is calculated individually based on the dimensions, weight of the product and the delivery address.
4. DELIVERY AND TRANSFER OF GOODS
4.1. The Buyer pays the delivery cost, which is calculated individually based on the dimensions, actual volume or weight equivalent, carrier rates and the delivery address. The delivery cost may be included in the price of the Product or paid separately.
Delivery methods:
within the Moscow Ring Road (MKAD) - by the Seller's transport and forces or a carrier (courier) engaged by the Seller. The Seller has the right to independently determine which Products may be sold by delivery within the Moscow Ring Road (MKAD);
in other territories of the Russian Federation or abroad - by a carrier engaged by the Seller, under conditions individually determined depending on the type, dimensions, weight, and other characteristics of the Product, and the delivery location. The Seller has the right to independently determine which Products may be sold by delivery within the Russian Federation and/or outside the Russian Federation, and to determine the countries and territories (inside and outside the Russian Federation) to which delivery is not carried out;
Pickup from the Seller's studio - by the Buyer at the address: Moscow, Bolshoy Kolobovsky Lane, Bldg. 2. The studio's opening hours are specified in the Online Store. Unless otherwise provided by the Seller through the Online Store software when placing an order, prior agreement on the date and time is required through the Online Store resources or through the communication channels with the Seller specified in the Online Store. The Seller has the right to independently determine which Products can be sold for pickup.
4.2. Before confirming the order, the Buyer is informed of the estimated delivery cost and estimated delivery time through the Online Store software. The final cost and delivery time are confirmed by the Seller in the order confirmation. In the event of changes to the delivery terms, the Seller is obliged to notify the Buyer no later than one business day before the planned shipment date.
4.3. Delivery times are set by the Seller individually upon confirmation of the Order and depend on the production workload, delivery geography, and other objective factors. The risk of accidental loss of or damage to the Goods passes to the Buyer from the moment the Goods are handed over to the Buyer or a person authorized by the Buyer, or from the moment the Goods are handed over to the carrier (courier) for delivery to the Buyer (Article 459 of the Civil Code of the Russian Federation).
4.4. In the case of international delivery, the Buyer shall bear the costs and risks associated with customs clearance and payment of duties in the country of destination. The Seller shall arrange for shipment, but all issues related to customs clearance, payment of customs duties, import taxes and other mandatory payments in the country of destination, as well as compliance with import regulations, shall be borne by the Buyer, unless otherwise agreed by the parties in writing. The Seller, by agreement, may prepare the necessary export and customs documents and assist in clearance, but shall not be liable for the application and calculation of import duties and restrictions in force in the jurisdiction of the country of destination.
5. BUYER'S RIGHTS TO REFUSE THE GOODS
5.1. Finished Goods (Purchase and Sale Agreement)
The Buyer has the right to refuse the order at any time prior to the delivery of the Goods. The Buyer has the right to refuse Goods of proper quality within 7 (seven) days from the date of delivery without explanation (Clause 4, Article 26.1 of the Law on the Protection of Consumer Rights).
If information regarding the procedure and terms for returning the Goods was not provided to the Buyer in writing at the time of delivery, the Buyer has the right to refuse the Goods within three months from the date of delivery (Clause 4, Article 26.1 of the Law on the Protection of Consumer Rights).
Only Goods of proper quality may be returned, provided that their presentation, consumer properties, packaging, and the document confirming the fact and terms of purchase are preserved, except in cases established by law.
5.2. The Buyer's complaint (claim) will be considered within 10 calendar days from the date of its receipt. The request for a refund will be fulfilled no later than 10 calendar days from the date of the Buyer's request.
5.3. Individual Orders
The Buyer has no right to refuse to fulfill the Contract for the manufacture of a product with individually defined properties if it can be used exclusively by the Buyer (clause 4, Article 26.1 of the Law on the Protection of Consumer Rights).
Products manufactured strictly according to the Buyer's individual specifications and possessing properties that make the product unique (including custom sizes, exclusive decor, personalization at the Buyer's request) are not subject to return or exchange of proper quality, except in cases of detection of a manufacturing defect confirmed by the acceptance certificate or the result of an examination.
5.4. Termination of the Contract before the delivery of the work result is possible subject to payment by the Contractor of the actual expenses incurred (Clause 1, Article 717 of the Civil Code of the Russian Federation). The Seller has the right to use the results of the work actually performed under the Contract at its own discretion without the consent of the Buyer.
6. WARRANTY OBLIGATIONS
6.1. The Seller sets a warranty period for finished ceramic products, information about which is posted on the pages (cards) of the Products in the Online Store or communicated to the Buyer when concluding the Contract. The warranty period begins to run from the moment the Products are transferred to the Buyer.
6.2. The warranty period for Individual orders is set in a separate Contract.
6.3. The warranty does not cover defects arising from:
violation by the Buyer of the rules of operation, storage or transportation;
mechanical damage after the transfer of the Products;
exposure to external factors (temperature changes, humidity, etc.);
other specific violations of the requirements for the storage and operation of the Goods, which are posted on the pages (cards) of the Goods of the Online Store or reported to the Buyer when concluding the Contract
6.4. In the event that defects in the Goods are discovered during the warranty period, the Buyer has the right to demand, under the terms of the Law on the Protection of Consumer Rights:
free elimination of defects;
a proportionate reduction in price;
replacement of the Goods with similar ones;
refund of the amount paid.
7. LIABILITY OF THE PARTIES
7.1. For late delivery of the prepaid Goods, the Seller shall pay the Buyer a penalty (forfeit) in the amount of 0.5% of the advance payment amount for each day of delay.
7.2. The maximum penalty amount may not exceed the advance payment amount.
7.3. The Seller shall not be liable for the inability to fulfill obligations due to force majeure. The parties shall be released from liability for partial or complete failure to fulfill obligations caused by force majeure circumstances supported by adequate evidence. The party for which the impossibility of performance has arisen is obliged to promptly notify the other party within a reasonable time.
8. DISPUTE RESOLUTION PROCEDURE
8.1. The claims procedure is mandatory. Claims shall be sent by e-mail or to the address of the Seller's business.
8.2. The claim review period is 10 days from the date of receipt (Article 22 of the Consumer Protection Law).
8.3. If no agreement is reached, the dispute shall be resolved in the court at the Buyer's place of residence (Clause 7 of Article 29 of the Consumer Protection Law).
9. FINAL PROVISIONS
9.1. The Seller has the right to unilaterally make changes to this Offer. Changes shall come into force from the moment of their publication on the Online Store website.
9.2. The Buyer is obliged to familiarize themselves with the current version of the Offer before each Order.
9.3. The relations arising from this Offer shall be subject to the law of the Russian Federation. In case of cross-border deliveries, the parties are obliged to comply with the mandatory rules of the jurisdiction of the country of destination (customs, tax and other mandatory rules).
The invalidity of individual provisions of the Offer shall not entail the invalidity of the entire Offer.
All disputes shall be resolved in accordance with the legislation of the Russian Federation.
9.4. The buyer is notified that the Internet resources WhatsApp, Instagram, Facebook belong to the organization Meta Platforms Inc., which is recognized as extremist and banned in Russia.
10. DETAILS OF THE SELLER
IP Yuzbashyan Karen Surikovich
OGRNIP: 317774600159966
INN: 773124125756
Address for sending correspondence: 121354, Moscow, Kutuzova St., 11, bldg. 4, apt. 116
Address of production and pickup of Goods: Moscow, Bolshoy Kolobovsky per., 2
E-mail: https://dirtyhands.ru/
Contact phone number: +7 916 319-51-86