Moscow, February 25, 2020
1. GENERAL PROVISIONS
1.1. This User Agreement (hereinafter referred to as the “Agreement”) governs the relations associated with the User’s access to the website of the Katemarchenko Online Store (hereinafter referred to as the Online Store) located at katemarchenko.com and to all relevant sites associated with the katemarchenko website .com and arising between the Administration of the site of the online store (hereinafter - the Administration of the site) and the User of this Site.
1.2. The Katemarchenko Online Store website (hereinafter referred to as the Site) is the property of Katemarchenko LLC.
1.3. The site administration reserves the right at any time to change, add or delete paragraphs of this Agreement without notifying the User.
1.4. Use of the Site by the User means acceptance of the Agreement and the changes made to this Agreement.
1.5. The user is personally responsible for checking this Agreement for changes in it.
1.6. This Agreement in the form of an electronic document is available to the Buyer on the Site.
2. DEFINITIONS OF TERMS
2.1. The following terms have the following meanings for the purposes of this Agreement:
2.1.1 "Katemarchenko" - an online store located on the website with the domain name katemarchenko.com, which operates through an Internet resource and related services.
2.1.2. Online store - a site containing information about the Goods, the Seller, allowing you to select, order and (or) purchase the Goods.
2.1.3. The administration of the site of the Internet store is the employees authorized to manage the Site, acting on behalf of the owner of the site - Katemarchenko LLC, as well as the owner of the Site - Katemarchenko LLC.
2.1.4. The user of the website of the online store (hereinafter referred to as the User) is an individual who has access to the Site through the Internet and uses the Site.
2.1.5. The content of the website of the online store (hereinafter - the Content) - information in text, graphic and other forms related to the Seller, the Goods, Services, as well as any other information posted on the Website.
3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Agreement is to provide the User with access to the Goods and services provided on the Site.
3.1.1. The online store provides the user with the following types of services (services):
- access to search and navigation tools of the online store;
- providing the User with the opportunity to post messages, comments, user reviews, rate the goods of the online store;
- access to information about the Goods and to information on the acquisition of the Goods;
- other types of services (services) implemented on the pages of the online store.
3.1.2. This Agreement covers all currently existing services (services) of the online store, as well as any subsequent modifications and additional services (services) of the online store that appear in the future.
3.2. Access to the online store is provided free of charge.
3.3. This Agreement is a public offer. When accessing the Site, the User is considered to have acceded to this Agreement.
3.4. The use of materials and services of the Site is governed by the applicable laws of the Russian Federation.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The site administration has the right:
4.1.1. Change the rules for using the Site, as well as change the content of this Site. Changes come into force from the moment the new version of the Agreement is published on the Site.
4.1.2. Restrict access to the Site in case the User violates the terms of this Agreement, including in the following cases:
identification of intentional fraud of the online store;
any manifestations of threats in the direction of the online store;
harming the online store, as well as attempts to harm;
distribution of false information about the online store;
contacting the online store of one individual (legal entity) with the provision of various information identifying the person;
distribution, including defamatory, information about any cooperation with the online store.
When restricting access to the Site, the online store ceases to carry out any consultations on any issues, information support is not provided, measures are being taken to ban new purchases.
4.1.3. At its discretion, refuse to post and / or delete any content accessible through the services of the Site.
4.2. The site administration is obliged:
4.2.1. Not to facilitate the implementation by third parties of unauthorized access to the information arrays of the Buyers.
4.2.2. Provide information support to users of the site regarding its operation, payment service and other issues.
4.3. The user has the right to:
4.3.1. Get access to the use of the Site, including after compliance with registration requirements.
4.3.2. Use all the services available on the Site, as well as purchase any Goods offered on the Site.
4.3.3. Ask any questions related to the services of the online store using the services available on the Site.
4.3.4. Use the Site exclusively for the purposes and in the manner provided for by the Agreement and not prohibited by the legislation of the Russian Federation.
4.4. The user of the Site agrees:
4.4.1. Do not take actions that may be considered as violating the normal operation of the Site.
4.4.2. Do not disseminate using the Site services any confidential and protected by the legislation of the Russian Federation information on individuals or legal entities.
4.4.3. Avoid any actions that may result in the violation of the confidentiality of information protected by the legislation of the Russian Federation.
4.4.4. Do not use the Site services to place advertising information, except with the consent of the Site Administration.
4.4.5. Do not use the Site services to post information, the dissemination of which is prohibited in the Russian Federation, to mislead about the properties and characteristics of any Goods from the online store catalog on the Website, incorrect comparison of the Goods, as well as the formation of a negative attitude towards persons, ( not) using certain Goods, or the conviction of such persons.
4.5. The user is prohibited from:
4.5.1. Use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or track the contents of the Website of the Online Store;
4.5.2. Disrupt the proper functioning of the Site;
4.5.3. By any means bypass the navigation structure of the Site to obtain or attempt to obtain any information, documents or materials by any means that are not specifically provided by the Site services;
4.5.4. Unauthorized access to the functions of the Site, any other systems or networks related to this Site, as well as to any services offered on the Site;
4.5.5. Violate the security system or authentication on the Site or on any network related to the Site.
4.5.6. Perform a reverse search, track or try to track any information about any other User of the Site.
4.4.7. Use the Site and its contents for any purposes prohibited by the legislation of the Russian Federation, as well as incite any illegal activity or other activity that violates the rights of the online store or other persons.
4.4.8. Use obscene language, obscene and abusive images, comparisons and expressions on the Site, including in relation to gender, race, nationality, profession, social category, age, language of a person and citizen, as well as in relation to organizations, authorities, official state symbols (flags, emblems, hymns), religious symbols, objects of cultural heritage (historical and cultural monuments).
5. USE OF THE ONLINE STORE SITE
5.1. The Site and the Content included in the Site are owned and operated by the Site Administration.
5.2. The content of the Site cannot be copied, published, reproduced, transmitted or distributed in any way, as well as posted on the global Internet without the prior written consent of the Site Administration.
5.3. The content of the Site is protected by copyright, trademark law, and other intellectual property rights.
5.4. The purchase of goods offered on the Site may require the creation of a User account (registration on the Site). The site administration is not responsible for the accuracy and reliability of the information provided by the user during registration.
5.5. The User is personally responsible for maintaining the confidentiality of account information, including the password, as well as for all activities without exception that are carried out on behalf of the User of the account. The user must immediately notify the Site Administration of the unauthorized use of his account or password or any other violation of the security system.
5.6. The site administration has the right to unilaterally cancel the User’s account if it has not been used for more than 6 months of the calendar months in a row without notifying the User.
5.7. This Agreement applies to all additional terms and conditions on the purchase of the Goods and the provision of services provided on the Site.
5.8. The information posted on the Site should not be construed as a change to this Agreement.
5.9. The site administration has the right at any time without notice to the User to make changes to the list of Goods and services offered on the Site and (or) the prices applicable to such Goods and (or) the services provided by the Online Store.
5.10. The online store operates 24 hours a day. The site administration provides information support on an unregulated schedule. All information support questions can be asked using
5.10. The online store operates 24 hours a day. The site administration provides information support on an unregulated schedule. All questions on information support can be asked using the services of the Site: katemarchenko.com.
5.11. The User hereby gives his voluntary consent to inform him about all the actions of the Site related to the sale of goods and / or the provision of services, including the status of the order, as well as other events of any nature related to the services of the Site.
5.12. By subscribing to the SMS and email newsletters of the online store or third parties authorized to send out on behalf of the online store, the User agrees to receive the newsletter by phone and email address specified when subscribing through the newsletter subscription service on the Site. The user is informed that if he has
there will be a desire to refuse the newsletter of the online store, he must go to the “Unsubscribe from” link specified in the text of the messages sent by the Site from the electronic address of the online store or inform about the disagreement of receiving newsletters to the addresses specified in the "Contacts" section »Site. The User also gives permission to the Site Administration or to third parties authorized to send on his behalf to collect, store and process all personal data transmitted by the User to the Site (including last name, first name, middle name and email address, phone number) in order to inform about news and other events of the online store.
5.13. The user agrees that the Site Administration does not bear any responsibility for delays, failures, incorrect or untimely delivery, deletion or failure to save any notifications. At the same time, the Site Administration reserves the right to re-send any notification if it is not received by the User.
5.14. The User acknowledges that the description accompanying the product on the Site does not purport to be exhaustive and may contain inaccuracies. The user has the right to send all comments on the inaccurate description of the goods to the Site Administration at: firstname.lastname@example.org.
5.15. The user acknowledges that the Site Administration is making sufficient efforts to ensure that the appearance, packaging and characteristics of the goods are consistent with the descriptions given in the catalog of the online store. At the same time, the Site Administration informs the User that the actual appearance, packaging and characteristics of the goods may differ from these descriptions in the case of assorted goods, as well as in the case of changes to the goods directly by the manufacturer.
5.16. The user is informed that the price and availability of goods on the Site changes around the clock without prior notice and are indicated in the individual status and detailed card of the goods displayed in the catalog on the Site.
6. RESPONSIBILITY and FORCE MAJEURE
6.1. Any losses that the User may suffer in the event of intentional or reckless violation of any provision of this Agreement, as well as due to unauthorized access to the communications of another User, are not reimbursed by the Site Administration.
6.2. The site administration is not responsible for:
6.2.1. Delays or malfunctions in the course of the operation resulting from force majeure, as well as any case of malfunctions in telecommunication, computer, electrical and other related systems
6.2.1. Delays or malfunctions in the process of the operation occurring due to force majeure, as well as any case of malfunctions in telecommunication, computer, electrical and other related systems.
6.2.2. Actions of transfer systems, banks, payment systems and for delays associated with their work.
6.2.3. The proper functioning of the Site, if the User does not have the necessary technical means for its use, and also does not bear any obligations to provide users with such means.
6.2.4. For the User’s personal data that he provides to third-party resources and / or other third parties in case of switching to them from the Site.
6.2.5. For possible loss and / or damage to data that may occur due to a violation by the User of the provisions of this Agreement, as well as improper access and / or use of personalized services of the Site.
6.3. Site Services may contain links to other resources. The User acknowledges and agrees that the Site does not bear any responsibility for the availability of these resources and for their content, as well as for any consequences associated with the use of the content of these resources by the User.
6.4. The responsibility for the actions of minors, including their purchase of goods from a catalog on the Site, lies with the legal representatives of minors.
6.5. In case of non-fulfillment and / or improper fulfillment by the Online Store of obligations to sell and / or deliver goods to the User in connection with the provision by the User of inaccurate and / or invalid data about himself, as well as the User's failure to fulfill the terms of this Agreement, the Website Administration is not responsible.
6.6. The Parties are exempted from liability for full or partial failure to fulfill obligations under this Agreement, if such failure was due to force majeure, namely: natural disasters, war, blockade, acts of government bodies affecting the fulfillment by the Parties of obligations under this Agreement, other force majeure circumstances. At the same time, the term for fulfillment of obligations under this Agreement is postponed in proportion to the time during which such circumstances will apply.
6.7. Force majeure events include events on which the Parties cannot influence and for which they are not responsible.
6.8. During the period of force majeure and other circumstances exempting from liability, the obligations of the Parties are suspended. Sanctions for non-fulfillment of obligations by the established deadlines do not apply.
7. VIOLATION OF THE TERMS AND CONDITIONS OF THE USER AGREEMENT
7.1. The site administration has the right to disclose any information collected about the User of this Site, if the disclosure is necessary in connection with an investigation or complaint regarding the misuse of the Site or to establish (identify) the User who may violate or interfere with the rights of the Site Administration, site owner or the rights of others Site Users.
7.2. The site administration has the right to disclose any information about the User that it considers necessary to comply with the provisions of the current legislation or court decisions, ensure compliance with the terms of this Agreement, protect the rights or security of the site owner, other Users.
7.3. The site administration has the right to disclose information about the User if the current legislation of the Russian Federation requires or allows such disclosure.
7.5. The site administration is not responsible to the User or third parties for terminating access to the Site in case the User violates any provision of this Agreement or other document containing the conditions for using the Site.
8. DISPUTE RESOLUTION
8.1. In the event of any disagreement or disputes between the Parties to this Agreement, a prerequisite before applying to the court is a claim (a written proposal for the voluntary settlement of the dispute).
8.2. The recipient of the claim within 30 calendar days from the date of its receipt shall notify the claimant in writing of the results of the consideration of the claim.
8.3. If it is not possible to resolve the dispute on a voluntary basis, any of the Parties has the right to apply to the court for the protection of their rights that are granted to them by the current legislation of the Russian Federation.
8.4. All disputes related to the Site and the relationship between the Users and the Site Administration, the site owner are subject to consideration in the Butyrsky district court of Moscow.
9. ADDITIONAL TERMS
9.1. The site administration does not accept counter
9.1. The site administration does not accept counter offers from the User regarding changes to this User Agreement.
9.2. User reviews posted on the Site are not confidential information and can be used by the Site Administration without restrictions.