Public Offer (Offer) of the "ToBeBlossom" online store for the sale of goods

Key Definitions

• Website Visitor — a person who visits the website https://www.tobeblossom.ru/ without the intention of placing an Order.
• User — an individual, a visitor to the Website, who accepts the terms of this Agreement and wishes to place Orders in the ToBeBlossom online store.
• Buyer — a User who has placed an Order in the ToBeBlossom online store.
• ToBeBlossom — Individual Entrepreneur Marina Aleksandrovna Zavgorodnyaya (OGRNIP 317774600234230)
• Seller — ToBeBlossom, whose goods are posted in the online store.
• Online Store — a website owned by ToBeBlossom, located on the internet at https://www.tobeblossom.ru/, featuring the Goods offered for purchase, as well as the terms of payment and delivery of Goods to Buyers.
• Website — https://www.tobeblossom.ru/.
• Goods — footwear, clothing, accessories, and other products offered for sale on the Website.
• Order — a properly completed request by the Buyer to purchase and deliver the Goods selected on the Website to the address specified by the Buyer / or via pickup.

1. General Provisions
   1. The Seller sells Goods remotely through the Online Store at https://www.tobeblossom.ru/.
   2. By ordering Goods through the Online Store, the User agrees to the terms of sale set out below (hereinafter — the Terms of Sale). If the User does not agree with this Public Offer (hereinafter — the Agreement/Public Offer/Offer), the User must immediately stop using the service and leave the website https://www.tobeblossom.ru/.
   3. These Terms of Sale, as well as the information about the Goods presented on the Website, constitute a public offer in accordance with Article 435 and paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
   4. The Public Offer is deemed accepted by the Website Visitor/Buyer from the moment the Visitor places an Order on the Website, as well as from the moment an Order is accepted from the Buyer by phone at 8 800 707 28 30.
   5. The retail sale and purchase contract is considered concluded from the moment the Seller issues the Buyer a cash or sales receipt or another document confirming payment for the Goods.
   6. By providing their email or phone number to the Seller, the Website Visitor/User/Buyer consents to the use of these means of communication by the Seller, as well as by third parties engaged by the Seller to fulfil obligations to Website Visitors/Users/Buyers, for sending advertising and informational communications containing information about discounts, upcoming and ongoing promotions and other Seller events, the transfer of the Order for delivery, and other information directly related to the fulfilment of the Buyer’s obligations under this Public Offer.
   7. By placing an Order, the User/Buyer agrees that the Seller may entrust the performance of the Contract to a third party while remaining responsible for its performance.
   8. You can place an order in the ToBeBlossom Online Store 24/7, except during scheduled maintenance or technical outages.
   9. The addresses and operating hours of Pickup Points through which returns can be made are available on the Website in the “Exchange and Return” section at https://www.tobeblossom.ru/info/obmen-i-vozvrat/.
2. Subject of the Agreement
   1. The subject of this Agreement is to provide the User with the opportunity to purchase Goods presented in the Online Store catalog at https://www.tobeblossom.ru/ for personal, family, household and other needs not related to business activities, as well as Electronic Gift Certificates presented at https://www.tobeblossom.ru/sertifikaty/podarochnyj-sertifikat/.
   2. This Agreement applies to all types of Goods and services presented on the Website as long as such offers with descriptions are present in the Online Store catalog.
3. Placing an Order
   1. ToBeBlossom is not responsible for the accuracy and correctness of the information provided by the User when placing an Order.
   2. Communication between the User/Buyer and Call Center operators/managers and other ToBeBlossom representatives must be based on generally accepted principles of morality and communication etiquette. The use of obscene language, abusive expressions, threats, or blackmail is strictly prohibited, regardless of the form and the recipient.
4. Goods and Purchasing Procedure
   1. If the Goods ordered by the Buyer are not available at the Seller’s warehouse, the Seller has the right to remove the specified Goods from the Order/cancel the Buyer’s Order, notifying the Buyer by sending an email to the address indicated when placing the Order (or by a call from the ToBeBlossom Call Center).
   2. In case of full or partial cancellation of a prepaid Order, the cost of the cancelled Goods is refunded by the Seller to the Buyer using the same method the Goods were paid for.
   3. The Buyer’s Order is placed according to the procedures specified on the Website in the “How to order? Step-by-step guide” section at https://www.tobeblossom.ru/info/kak-zakazat/
   4. The Buyer is fully responsible for providing incorrect information that results in the Seller being unable to properly fulfil obligations to the Buyer.
   5. After placing an Order on the Website, the Buyer is informed of the expected delivery date by email to the address indicated when placing the Order or by phone. The manager handling the Order clarifies the details, agrees on a delivery date, which depends on the availability of the ordered Goods at the Seller’s warehouse and the time needed to process and deliver the Order.
   6. The expected date of transfer of the Order to the Delivery Service is communicated to the Buyer by the manager handling the Order via email or during a confirmation call to the Buyer.
5. Order Delivery
   1. The methods and estimated delivery times for Goods sold by ToBeBlossom are indicated on the Website in the “Delivery and Payment” section at https://www.tobeblossom.ru/info/dostavka-i-oplata/. Specific delivery times may be agreed upon by the Buyer with the Call Center operator when confirming the Order.
   2. Delivery of Goods presented on the Website and sold by ToBeBlossom is carried out worldwide.
   3. Upon delivery, the Order is handed over to the Buyer or to a third party indicated in the Order as the recipient (hereinafter the Buyer and the third party are referred to as the “Recipient”). If the Order paid in cash cannot be received by the aforementioned persons, the Order may be handed over to a person who can provide details of the Order (shipment number and/or the Recipient’s full name) and pay the full cost of the Order to the person delivering it.
   4. To prevent fraud and to fulfil the obligations set out in clause 5.3 of this Offer, upon delivery of a prepaid Order, the person delivering the Order may request the Recipient’s identification document and indicate the type and number of the document provided by the Recipient on the Order receipt. The Seller guarantees the confidentiality and protection of the Recipient’s personal data (clause 9.3 of the Offer).
   5. The risk of accidental loss or accidental damage to the Goods passes to the Buyer at the time the Order is handed over and the Recipient signs the documents confirming delivery. In the event of non-delivery, the Seller refunds the Buyer the full cost of the prepaid Order and delivery after receiving confirmation of loss from the Delivery Service.
   6. The delivery cost for each Order is calculated individually based on the Goods, their weight, the delivery address and method, and, if necessary, the payment method, and is indicated on the Website at the final stage of Order placement or communicated additionally by a call from the ToBeBlossom Call Center.
   7. The Seller’s obligation to transfer the Goods to the Buyer is deemed fulfilled at the time the courier hands over the Goods to the Recipient or when the Goods are collected by the Recipient at a post office or at a pre-arranged pickup location (including a pickup point).
   8. When placing an Order with courier delivery within Moscow, the Buyer may include no more than four items. Upon receiving an Order delivered within Moscow, the Recipient has the right to inspect the Goods and verify their compliance with the stated quantity, assortment, and completeness, as well as check the service life and packaging integrity. If there are no claims, the Recipient signs the “Order Delivery Form” or another similar document provided by the courier and pays for the Order (if not prepaid 100%). The signature on the delivery documents confirms that the Recipient has no claims to the Goods and that the Seller has fully and properly fulfilled its obligation to transfer the Goods.
   9. The time a courier can spend at the Recipient’s address for deliveries within Moscow is limited to 20 minutes.
   10. The Goods presented on the Website comply with GOST in terms of quality and packaging, as confirmed by relevant documents (certificates, etc.).
   11. You can confirm the delivery date, time, and, if necessary, the route with the manager who contacts the Buyer to confirm the Order.
6. Payment for Goods
   1. The price of Goods sold in the Online Store is indicated on the Website in Russian roubles, excluding VAT.
   2. The price of Goods on the Website may be changed by the Seller unilaterally. At the same time, the price of Goods already ordered by the Buyer is not subject to change.
   3. Features of payment by bank cards:
      1. In accordance with the Bank of Russia Regulation “On the Issue of Bank Cards and on Transactions Made Using Payment Cards” No. 266-P dated 24.12.2004, transactions by bank card are carried out by the cardholder or a person authorised by the cardholder.
      2. Authorisation of transactions by bank cards is carried out by the bank. If the bank has reason to believe that a transaction is fraudulent, it has the right to refuse to carry out the transaction. Fraudulent transactions with bank cards are subject to Article 159 of the Criminal Code of the Russian Federation.
      3. To prevent unauthorised use of bank cards during payment, all Orders placed on the Website and prepaid by bank card are verified by the Seller. To verify the cardholder’s identity and authority to use the card, the Seller may request that the Buyer who placed such an order present an identity document.
   4. ToBeBlossom may provide discounts on Goods; the procedures and conditions are indicated on the Website and may be changed unilaterally by the Seller. If, after applying a discount, the recalculated price of the Goods includes kopecks, such price shall be rounded down to a whole rouble.
   5. An Order is considered not assembled if the Buyer informs of a change of mind before order picking begins at the warehouse. If the Buyer informs the Seller after order picking has begun, such Order is considered refused by the Buyer.
7. Return of Goods and Funds
   1. Returns of Goods sold by ToBeBlossom are made in accordance with the “Return Policy” indicated on the Website at https://www.tobeblossom.ru/info/обмен-и-возврат/. Return rules may be set by each respective Seller independently and are published on the corresponding Seller’s page. ToBeBlossom bears no obligations regarding returns of Goods sold by other Sellers.
   2. Return of Goods of proper quality
      1. The Buyer has the right to refuse the ordered Goods at any time before receiving them, and within 14 (Fourteen) days after receipt, not counting the day of purchase (in accordance with paragraph 1 of Article 25 of the Law “On Protection of Consumer Rights”). The return of Goods of proper quality is possible if their marketable condition, consumer properties, Seller’s labeling, packaging are preserved, and a document confirming the fact and conditions of purchase is provided.
      2. In case of the Buyer’s refusal of the Goods according to clause 7.2.1, the Seller refunds the cost of the returned Goods, excluding the Seller’s expenses related to the delivery of the returned Goods, within 3 (Three) days from the date the returned Goods are received at the Seller’s warehouse together with the Buyer’s completed return application (paragraph 2 of Article 25 of the Law “On Protection of Consumer Rights”).
   3. Return of Goods of improper quality:
      1. The Seller’s warranty period for Goods purchased by the Buyer on the Website is 14 (Fourteen) calendar days. For year-round Goods, the warranty period starts from the moment of purchase (receipt) by the Buyer. For seasonal Goods, the warranty period starts from the beginning of the corresponding season if the Goods were purchased in advance; if seasonal Goods are purchased after the start of the season, the warranty period starts from the moment of purchase. The start of the season is determined by the constituent entities of the Russian Federation based on the Buyer’s location and climate conditions.
      2. The warranty does not cover, including but not limited to, the following cases:
         • pilling on fabric surfaces;
         • fading or loss of color;
         • cuts, tears, and abrasions;
         • wear and tear from use;
         • deformation of fittings up to complete breakage;
         • defects resulting from improper care and wear.
      3. Within the warranty period, the Buyer may, at their discretion, submit a claim for the return of Goods of improper quality to the manufacturer, the seller, or the importer.
      4. Goods of improper quality are those that are defective and cannot perform their intended functions. The Goods received must match the description on the Website.
      5. The appearance and completeness of the Goods, as well as the completeness of the entire Order, may be checked by the Recipient at the time of delivery.
      6. Upon delivery, the Buyer signs the delivery receipt in the field: “Order received, complete, no claims regarding the quantity and appearance of the Goods,” or in another similar document issued by the Seller, in the field providing for the Buyer’s note that there are no claims regarding the completeness and quantity of the Goods.
      7. If the Buyer received Goods of improper quality and this was not agreed in advance with the Seller, the Buyer may rely on Article 18 “Consumer rights in case of detection of defects in goods” of the Law of the Russian Federation “On Protection of Consumer Rights”.
      8. Claims for the refund of amounts paid for defective Goods must be satisfied within 10 days from the date of the claim (Article 22 of the Law of the Russian Federation “On Protection of Consumer Rights”).
      9. Refunds are made by returning the cost of the paid Goods to a bank card or by postal transfer. In the event of cancellation or return of a fully or partially prepaid Order, the cost of the cancelled Goods is refunded by the Seller to the Buyer using the same payment method used for the Goods. The method must be indicated in the corresponding field of the return application.
      10. The Seller accepts the claimed Goods from the Buyer for quality inspection and conducts the quality inspection within no more than 30 (Thirty) days from the date the claimed Goods and purchase documents are provided.
      11. The quality inspection is carried out by the Seller at its own expense. If no manufacturing defect is found, the Buyer reimburses the Seller for the costs incurred.
      12. If the Buyer disagrees with the results of the quality inspection, the Buyer may commission an independent examination at their own expense.
      13. If an independent expert identifies a manufacturing defect, confirmed by an appropriate report, the Seller must satisfy the Buyer’s claims regarding the Goods and reimburse the Buyer for the cost of the examination.
      14. Goods submitted under a warranty claim remain the property of the Buyer until the Seller makes a positive decision to satisfy the Buyer’s claims.
      15. If a positive decision is made on the warranty claim, the Buyer must agree on the return procedure with the Seller.
      16. Within 3 (Three) business days from the date the Parties agree on the return, the Buyer must send the originals of the documents listed earlier, copies of which were provided at the time the claim was submitted.
      17. The method of sending documents must ensure their receipt by the Buyer within no more than 14 (Fourteen) calendar days from the date of dispatch, unless otherwise agreed by the Parties. If the originals of the documents are partially or not provided within 20 (Twenty) calendar days from the date the Parties agree on the return, the Buyer removes their warranty obligations in this case.
      18. After a decision on the warranty claim is made, the Seller returns the originals of the documents provided to the Buyer.
      19. All costs for shipping the Goods and documents are borne by the Buyer.
8. Liability
   1. The Seller is not liable for damage caused to the Buyer as a result of improper use of Goods purchased in the Online Store.
   2. The Seller is not responsible for the content and operation of external websites.
9. Confidentiality and Information Protection
   1. The personal data of the User/Buyer are processed in accordance with Federal Law No. 152-FZ “On Personal Data” and international acts in the field of personal data protection.
   2. When placing an Order on the Website, the User provides the following information: name, phone number, email, delivery address, delivery method, payment method, as well as the delivery date and time.
   3. By providing their personal data to the Seller, the Website Visitor/User/Buyer consents to their processing by the Seller, including for the purposes of fulfilling the Seller’s obligations to the Website Visitor/User/Buyer under this Public Offer, promoting the Seller’s goods and services, conducting electronic and SMS surveys, monitoring the results of marketing campaigns, inviting participation in programs to improve service quality, customer support, organising delivery to Buyers, holding prize draws among Website Visitors/Users/Buyers, monitoring satisfaction, as well as the quality of services provided by the Seller.
      1. The Seller has the right to send informational, including advertising messages, to the User’s/Buyer’s email and mobile phone with their consent, expressed by actions that unambiguously identify the subscriber and reliably establish their intent to receive the message. The User/Buyer has the right to refuse to receive advertising and other information without explanation by notifying ToBeBlossom of the refusal by phone at 8 800 707 28 30 or by sending a corresponding statement to the Seller’s email address info@tobeblossom.ru. Service messages informing the User/Buyer about the Order and its processing stages are sent automatically and cannot be declined.
      2. Withdrawal of consent to personal data processing is carried out by revoking acceptance of this Public Offer.
   4. The Seller may use “cookies” technology. “Cookies” do not contain confidential information. The Visitor/User/Buyer hereby consents to the collection, analysis, and use of cookies, including by third parties for the purposes of generating statistics and optimising advertising messages.
   5. The Seller receives information about the IP address of the visitor to the Website https://www.tobeblossom.ru/. This information is not used to identify the visitor.
   6. The Seller has the right to record telephone conversations with the User/Buyer. In doing so, the Seller undertakes to prevent unauthorised access to the information obtained during telephone conversations and/or its transfer to third parties not directly related to Order fulfilment, in accordance with clause 4 of Article 16 of the Federal Law “On Information, Information Technologies and Information Protection”.
10. Term of the Public Offer
    1. This Public Offer comes into force upon its acceptance by the Website Visitor/Buyer and remains in effect until the acceptance of the Public Offer is revoked.
11. Additional Provisions
    1. The Seller has the right to assign or otherwise transfer its rights and obligations arising from its relations with the Buyer to third parties.
    2. The Online Store and the services provided may be temporarily partially or completely unavailable due to maintenance or other work, or for other technical reasons. The ToBeBlossom technical team has the right to periodically carry out necessary maintenance or other work with or without prior notice to Buyers.
    3. The relations between the User/Buyer and the Seller are governed by the legislation of the Russian Federation.
    4. In case of questions or claims from the User/Buyer, they must contact the Seller by any available means. The Parties will endeavour to resolve all disputes through negotiations; if an agreement cannot be reached, the dispute will be submitted to a court in accordance with the current legislation of the Russian Federation. A pre-trial claims procedure is mandatory; the claim review period is 10 (Ten) business days.
    5. The invalidity of any individual provision of this Offer does not affect the validity of the other provisions and the Offer as a whole.
    6. ToBeBlossom reserves the right, at its discretion, to amend this Offer at any time without special notice. The new version of this Offer takes effect from the moment it is posted on the Website.
    7. Any claims are accepted by the Seller only from the person who has accepted the terms of this Offer (the Buyer).

Seller Information

• Individual Entrepreneur: Marina Aleksandrovna Zavgorodnyaya
• OGRNIP: 317774600234230
• INN: 614865862699
• Physical address: 121059, Moscow, Berezhkovskaya Emb., 10, Bld. 2
• E-mail: info@tobeblossom.ru