TERMS AND DEFINITIONS:
BUYER — an individual or legal entity placing Orders on the Site, or indicated as the recipient of the Goods. By agreeing to the terms of the Offer, the BUYER confirms that he is a capable citizen who has reached the age of 18, or a representative of an operating company who has the necessary documents to act on behalf of this legal entity.
SALESMAN — ANATOLY FEDOROV
Online store — an Internet site located at the Internet address www.drumscore.ru It presents the GOODS offered by the SELLER to his BUYERS, as well as the terms of delivery, payment, return and exchange of these Goods.
Site — drumscore.ru
Order — A duly completed BUYER’s request for delivery (or pickup from the store) to the specified address of the GOODS, posted by the BUYER independently on the Site or by phone.
GOODS — an object of the material world, not withdrawn from civil circulation and presented for sale on the Site. GOODS are presented on the Site through photo samples, which are the property of the SELLER.
- Subject of the offer agreement.
1.1. The SELLER undertakes to transfer the ownership to the BUYER, and the BUYER undertakes to pay and accept the GOODS ordered in the online store.
- The moment of the conclusion of the contract.
2.1. The text of this Agreement is a public offer (in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation).
2.2. In accordance with clause 2 of Article 437 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), if the conditions set out below are accepted and the payment for services is accepted, the legal entity or individual who accepts this offer becomes the BUYER (in accordance with clauses 1 and 3 of Article 438 Of the Civil Code of the Russian Federation, the acceptance of the offer is tantamount to the conclusion of an agreement on the terms set forth in the Offer), and the SELLER and the BUYER jointly — by the parties to the Offer Agreement
2.3. The fact of ordering the GOODS from the SELLER, both independently and through the operator, is the unconditional acceptance of this Agreement, and the BUYER is considered as a person who entered into a contractual relationship with the SELLER. If the BUYER does not agree with its terms, or with any clause of the conditions, the SELLER invites the BUYER to refuse to conclude the Offer Agreement and use the SELLER’s services.
2.4. ORDERING:
The BUYER goes through the registration procedure on the SELLER’s Website with the obligatory confirmation of familiarization with the terms of this Offer Agreement. The BUYER is responsible for the accuracy of the information provided when registering and ordering. Otherwise, the SELLER is not responsible for timely delivery.
The registered BUYER of the online store has the right to place an Order for any GOODS presented on the Site and available in the SELLER’s warehouse. When placing an Order on the Website of the Online Store, the BUYER assumes the obligation to pay for the Order / GOODS and its acceptance, and the SELLER assumes the obligation to deliver and transfer the purchased Order / GOODS to the ownership of the BUYER.
Orders are accepted by the SELLER through the Order Acceptance System integrated into the SELLER’s Website, as well as by phone.
The SELLER has the right to limit the number of GOODS that the buyer places in the Order, informing the BUYER about it.
After receiving the Order, the SELLER provides a responsible manager who, on behalf of the SELLER, agrees with the BUYER on all essential conditions, including delivery, order value and payment for the GOODS.
In the absence of the GOODS in the SELLER’s warehouse, the latter is obliged to inform the BUYER about this in writing (by e-mail) or orally (by telephone). In this case, the BUYER has the right to replace the missing GOODS with a similar GOODS / refuse this GOODS / cancel the Order.
The BUYER has the right to fully or partially refuse to purchase the GOODS at any time before paying for the GOODS, notifying the SELLER by e-mail from the address specified by the BUYER when registering on the Site, as well as by phone or upon delivery of the GOODS by a delivery service representative (own or working under a contract) with the SELLER).
The SELLER reserves the right to unilaterally terminate the acceptance of Orders from the BUYER and the shipment of the GOODS to the BUYER, as well as restrict the BUYER’s right to participate in Promotions held by the SELLER, if the BUYER systematically violates the terms of this Offer Agreement or has a negative impact on the operation of the Internet store by excessive downloads of online store services.
Confirmations of the agreed terms of shipment, delivery and payment of the GOODS are sent by the SELLER by e-mail.
On the basis of the received Order and the agreed conditions, the SELLER ships the Goods to the BUYER.
- Price of the GOODS.
3.1. Prices in the online store are indicated in Russian rubles per unit of GOODS.
3.2. Tariffs for the provision of services for the delivery, loading and unloading, lifting of the GOODS are indicated in the online store for each GOODS, depending on its characteristics.
3.3. In case of an incorrectly indicated price, the SELLER undertakes to notify the BUYER as soon as possible. In this case, the BUYER has the right to refuse to purchase the GOODS in whole or in part. If it is impossible to contact the BUYER, the Order is considered canceled.
3.4. The SELLER reserves the right to change prices unilaterally. In this case, the price of the GOODS paid by the BUYER is not subject to change.
- Payment for the GOODS.
4.1. In the case of cash payment, the BUYER is obliged to pay the SELLER the price of the GOODS at the time of its transfer, and the SELLER is obliged to provide the BUYER with a cash or sales receipt, or other document confirming payment for the GOODS.
4.2 The total cost of the Order consists of the cost of the GOODS in the online store and the cost of delivery.
4.3. The BUYER pays for the Order in any way selected in the online store.
4.4. In the case of a non-cash form of payment, the BUYER’s obligation to pay the price of the GOODS is considered fulfilled from the moment the funds are received, the SELLER’s account in the amount of 100% (one hundred percent) of the prepayment.
4.5. In the case of a non-cash form of payment, the delay in payment by the BUYER of the price of the GOODS for a period exceeding 3 (three) days is a significant violation of this agreement. In this case, the SELLER has the right to unilaterally refuse to execute this contract without applying penalties to him, notifying the BUYER about it.
4.6. GOODS are supplied to the BUYER at prices, names, in quantities corresponding to the BUYER’S ORDER.
- Delivery of the GOODS.
5.1. The SELLER delivers the GOODS using its own or external delivery service.
5.2. The exact cost of delivery of the GOODS is determined by the SELLER’s manager when placing the Order and cannot be changed after the Order has been agreed with the BUYER.
5.3. Shipping costs may vary depending on the weight, size of the GOODS, as well as the region and method of delivery.
5.4. When transferring the GOODS to the BUYER, the representative of the delivery service has the right to require a document proving the identity of the BUYER in order to counter fraud.
5.5. The SELLER undertakes to make every possible effort to deliver the GOODS ordered by the BUYER within the time frame indicated on the Site. However, the SELLER is not responsible for delays not caused by the SELLER.
5.6. Ownership of the PRODUCT and all risks associated with the right of ownership pass to the BUYER at the time of receipt of the GOODS by the BUYER, which is confirmed by the BUYER’s signature in the shipping documents confirming the delivery.
5.7. In the event of a change in the delivery time, the SELLER undertakes to immediately inform the BUYER about the change in the delivery conditions in order to obtain consent to the new conditions for the execution of the Order in whole or in part. The SELLER informs the Buyer by telephone or electronic communication.
5.8. Delivery of the GOODS to the BUYER is carried out at the address and within the time frame agreed by the BUYER and the SELLER’s manager when placing the ORDER, or the BUYER independently picks up the goods from the SELLER’s warehouse.
5.9. Failure to appear by the BUYER or failure to perform other necessary actions to accept the GOODS may be considered by the SELLER as a refusal of the BUYER to execute the CONTRACT.
- Rights and obligations of the parties.
6.1. The SELLER undertakes:
6.1.1. before concluding an agreement, provide the BUYER on the website of the online store with information about the main consumer properties of the GOODS, about the address (location) of the SELLER, about the place of manufacture of the GOODS, about the full corporate name (name) of the SELLER, about the price and conditions of purchase of the GOODS, about its delivery , expiration date, storage rules, the procedure for paying for the GOODS, as well as the period during which the proposal to conclude an Agreement is valid.
6.1.2. Do not disclose any private information of the BUYER and do not provide access to this information to third parties, except as provided by Russian law.
6.1.3. Provide the BUYER with the opportunity to receive free telephone consultations by the phones indicated on the Website of the Internet store. The scope of consultations is limited to specific issues related to the implementation of the ORDER.
6.1.4. The SELLER reserves the right to change this AGREEMENT unilaterally until it is concluded.
6.1.5. Provide the BUYER in writing on the Site with information about the GOODS, provided for in Article 10 of the Federal Law «On Protection of Consumer Rights», as well as information provided for in paragraph 9 of this Agreement on the procedure and terms for returning the goods.
6.2. The BUYER undertakes:
6.2.1. Until the conclusion of the AGREEMENT, familiarize yourself with the content of the offer agreement, the terms of payment and delivery on the Website of the Internet store.
6.2.2. Provide reliable information about yourself (name, contact numbers, email address) and details for the delivery of the GOODS.
6.2.3. Accept and pay for the GOODS within the terms specified in this AGREEMENT.
- Responsibility of the Parties and Dispute Resolution.
7.1. The parties are responsible for non-performance or improper performance of this Agreement in the manner prescribed by this Agreement and the current legislation of the Russian Federation.
7.2. The Seller is not responsible for the delivery of the Order if the BUYER indicates an incorrect delivery address.
7.3. The SELLER is not responsible if the BUYER’s expectations about the consumer properties of the GOODS were not met.
7.4. The BUYER, when placing an Order, is responsible for the accuracy of the information provided about himself, and also confirms that he is familiar with the terms of this Agreement and agrees.
7.5. The SELLER is not responsible for the inability to service the BUYER for any reasons beyond his control, including disruption of communication lines, equipment malfunction, failure to fulfill the obligations of the suppliers of certain services, etc.
7.6. If for any reason the SELLER does not ship the GOODS to the Buyer or ship the GOODS in violation of the deadlines, the SELLER’s liability for the violation of the Offer agreement is limited solely to the extension of the delivery time of the Goods.
7.7. The SELLER under no circumstances bears any responsibility under the Offer Agreement for:
a) any actions and / or omissions that are a direct or indirect result of the actions / omissions of any third parties;
b) any indirect losses and / or lost profits of the BUYER and / or third parties, regardless of whether the SELLER could foresee the possibility of such losses or not;
c) use (impossibility of use) and any consequences of the use (impossibility of use) by the BUYER of the chosen form of payment for the GOODS under the Offer agreement.
7.8. The aggregate liability of the SELLER under the Offer agreement, for any claim or claim in relation to the Offer agreement or its execution, is limited to the amount of payment paid to the SELLER by the BUYER under the Offer agreement.
7.9. Without conflicting with the above, the SELLER is released from liability for violation of the terms of the Offer agreement, if such violation is caused by the action of force majeure circumstances (force majeure), including: actions of state authorities, fire, flood, earthquake, other acts of nature, absence electricity and / or computer network failures, strikes, civil unrest, riots, any other circumstances, not limited to the above, that may affect the SELLER’s performance of the Offer agreement.
7.10. All disputes and disagreements arising from the performance of the PARTIES ‘obligations under this Agreement shall be resolved through negotiations. If it is impossible to eliminate them, the PARTIES have the right to apply for judicial protection of their interests.
- Return and exchange of goods.
8.1. Claims for the GOODS of good quality and refunds are made at Khimki, st. 1st Lesnaya, building 10k1
8.2. Claims for the GOODS of inadequate quality.
A GOOD of inadequate quality means a GOOD that cannot ensure the performance of its functional qualities. The received GOODS must correspond to the description on the site.
The appearance and assortment of the GOODS, as well as the completeness of the entire order, must be checked by the BUYER at the time of delivery of the GOODS (except for delivery by mail or third-party delivery / courier service). Upon delivery of the GOODS, the BUYER puts his signature in the Delivery Certificate, in the line: “The goods were delivered in proper condition, in the proper range, the packaging has no external mechanical damage. The goods are in their original packaging. » After receiving the order, claims for external defects of the GOODS, its quantity, assortment and / or presentation are not accepted.
If the BUYER received the GOODS of inadequate quality, and it was not agreed in advance by the SELLER, the BUYER has the right to use the provisions of Art. 18 of the Law on the Protection of Consumer Rights and demand the replacement of the GOODS, refuse to fulfill the contract of sale, return the GOODS of inadequate quality and demand the return of the money paid for the goods. The SELLER is obliged to accept the GOODS of inadequate quality from the BUYER and to check the quality of the goods (expertise) within 20 days from the date of the specified requirement. Upon confirmation of the inadequate quality of the GOODS, the SELLER is obliged to return the money paid for the GOODS. Refunds to the BUYER are made within 10 (ten) banking days after the positive decision of the examination (recognition by the examination of the quality of the GOODS inappropriate) to the BUYER’s bank account. By additional agreement, it is possible to transfer funds by postal order or by courier. When returning the GOODS of proper quality, the refundable amount of funds will be reduced by the amount of the commission for transferring funds to the BUYER’s account or for the departure of the courier to return the funds, as well as by the cost of returning the GOODS from the BUYER back to the SELLER. When returning the GOODS of inadequate quality, the SELLER shall reimburse the BUYER for the cost of the returned GOODS and, the cost of the commission for the transfer of funds (or departure of the courier) and for the cost of the delivery paid by the consumer
In case of correct execution of the Order by the SELLER, the BUYER has the right to fully or partially refuse to purchase the GOODS when the GOODS are handed over by the delivery service representative, paying the full cost of delivery agreed with the BUYER when placing the Order on the SELLER’s Website.
(Law of the Russian Federation «ON PROTECTION OF CONSUMER RIGHTS» dated 02/07/1992 N 2300-1 (current edition of 05/05/2014). Article 26.1. Remote way of selling goods).
When paying for an online order with a bank card, a refund occurs immediately after the receipt of an application from the store to the processing center. Funds are credited within the time frame established by the bank that issued the card.
When paying for an Internet order in cash, the refund is also made in cash.
8.3. Any of the listed requirements must be presented by the BUYER in writing by mail.
8.4. The BUYER’s demand for the exchange or return of the GOODS shall be satisfied if the GOODS were not in use, their consumer properties were preserved, the packaging was preserved and not broken, documents confirming the purchase of this GOODS in the online store were saved.
8.5. The term for such a demand is 5 (five) calendar days from the date of transfer of the GOODS to the BUYER, or at any time before the transfer of the GOODS to the BUYER.
8.6. The BUYER compensates the SELLER for the necessary transport costs incurred in connection with the organization of the exchange or return of the GOODS of proper quality.
- Force majeure.
9.1. The parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement for the duration of the force majeure. Force majeure means extraordinary and insurmountable circumstances under the given conditions that prevent the PARTIES from fulfilling their obligations under this Agreement. These include natural phenomena (earthquakes, floods, etc.), circumstances of public life (military actions, states of emergency, major strikes, epidemics, etc.), prohibitive measures of state bodies (prohibition of transportation, currency restrictions, international sanctions trade bans, etc.). During this time, the PARTIES have no mutual claims, and each of the PARTIES assumes its own risk of the consequences of force majeure.
- Duration of the contract.
10.1. This AGREEMENT comes into force from the moment the BUYER contacts the online store and makes an ORDER, and ends with the full fulfillment of obligations by the PARTIES.
- Personal data.
11.1. The SELLER collects and processes the personal data of the BUYERS (namely: surname, name, patronymic of the BUYER; delivery address; contact phone number, e-mail address) in order to:
- fulfillment of the terms of this Agreement;
- delivery of the ordered Goods to the Buyer.
11.2. By ordering the GOODS to the online store, the BUYER agrees to the collection and processing of personal data about himself in order to deliver the ordered GOODS and fulfill the terms of this Agreement.
11.3. When collecting and processing personal data of BUYERS, the SELLER does not pursue other goals, except for those established in clause 12.1 of this AGREEMENT.
11.4. Only persons directly involved in the execution of ORDERS have access to the personal data of BUYERS.
11.5. Information about the BUYER can be transferred to the official bodies strictly in accordance with the requirements of the legislation of the Russian Federation.
11.6. The SELLER has the right to send advertising or informational messages to the BUYER. The BUYER has the right to refuse advertising and informational messages by sending a written notice to the SELLER.