I. GENERAL TERMS
1.1. The rules for the retailing of perfumes and cosmetics (hereinafter referred to as the Goods) are the official offer of the individual entrepreneur Kondrasheva Elena Vladimirovna, hereinafter referred to as the "Seller", to an indefinite number of persons, hereinafter referred to as "Buyers", to conclude an Agreement on the sale of Goods (hereinafter - Agreement) under the terms of these Rules, is considered as public offer.
1.2. The Rules are an act that governs the relationship between the Seller and the Buyer, hereinafter collectively referred to as the "Parties", in the process of selling the Goods.
1.3. The rules are published in the free access on the Seller’s website at https://en.cosmomedica.shop/public-offer/, and are also available on the Seller’s information stand in a selling point located at the address: Mall Of The Emirates, Al Barsha 1, Ground Floor.
1.4. The Buyer is any individual person who, in accordance with applicable law, has the right to enter into legal relations of its kind, who has expressed a desire to purchase the Goods and considers himself to have entered into an Agreement with the Seller under the terms of these Rules.
1.5. The rules determine the subject and conditions for the execution by the Parties of the Agreement of the retailing of the Goods presented in the catalog of the Seller’s website and presented for sale in the Store (on shelves, in shop windows, etc.), the cost and procedure for payment for the Goods, the period for its delivery to the Buyer, rights and obligations of the Parties, their liability and other conditions
1.6. The Agreement is a deal consisting of an accepted public offer and its integral parts in the form of applications, checks, including electronic and other documents directly related to this deal, posted on the Seller’s website (s), in the Buyer's personal account, attached to the electronic correspondence of the Parties, actually transferred by the Parties to each other.
II. OFFER ACCEPTANCE
2.1. By full and unconditional acceptance (acceptance) of the terms of this public offer shall be considered to be the performance by the Buyer of certain specific actions specified in this section of the Rules.
2.2. If the Buyer intends to make the purchase of the Goods directly in the Store, acceptance of the offer is payment for the Goods.
2.3. If the Buyer intends to make the purchase of the Goods distantly, the acceptance of the offer is the submission by the Buyer of an online application (order) for the purchase of the Goods through the Seller’s website: https://en.cosmomedica.shop/.
2.4. Acceptance of the offer is equivalent to the conclusion of a written Contract for the sale of Goods and indicates that the Buyer is familiar with and agrees with all the provisions of these Rules.
III. SUBJECT OF THE AGREEMENT
3.1. The subject of the Agreement is the retail sale of the Goods, implying the Seller’s obligation to transfer the Goods to the Buyer within the time period stipulated by the Agreement and the Buyer's reciprocal obligation to accept and pay for the Goods in the manner and terms established by the Agreement.
3.2. This Agreement is considered to be executed from the date of payment and delivery of the Goods to the Buyer.
From the indicated time, the risk of accidental loss or accidental damage to the Goods, as well as the ownership of the Goods passes to the Buyer.
3.3. The Seller provides the Buyer with the Goods solely for personal, family, household and other needs not related to the implementation of entrepreneurial activity.
IV. CHARACTERISTICS OF GOODS, ITS QUALITY
COMPLETENESS AND DOCUMENTS ON THE GOODS
4.1. Information about the Goods and their manufacturers, providing the Buyer with the opportunity to choose the right Product, includes information about: the name of the Goods, the purpose, the ingredients included in the Goods, the effect and results it has, restrictions (contraindications) for use, methods and conditions of use, location (address), as well as the company name (name) of the manufacturer (Seller), place of manufacture of the Goods, mandatory confirmation of the conformity of the Goods in the manner defined by the legislation of the United Arab Emirates on technical regulation, the main consumer properties of the Goods, the rules and conditions for the effective and safe use of the Goods, the shelf life, the necessary actions of the Buyer after the specified shelf life and possible consequences if such actions are not performed.
4.2. Information about the Goods is contained in the Goods card on the Seller’s website https://en.cosmomedica.shop/, as well as directly on the packaging (packaging, label, tag, insert leaflet, etc.) of the Goods, which the Buyer can familiarize himself in The Store.
4.3. The rules and conditions for the effective and safe use of the Goods are indicated on its packaging.
4.4. The Goods delivered under the Agreement were not in use and have no defects.
4.5. The quality of the Goods must comply with the requirements of the legislation for such goods, as well as the characteristics of the goods reflected in the shipping documentation (in the certificate of conformity and (or) declaration of conformity and (or) certificate of state registration) and on its packaging. Familiarization with the accompanying documentation is carried out at the request of the Buyer.
4.6. The goods have a limited shelf life, which is indicated on each packaging of the goods. After the expiration date, the product is not subject to use.
V. COST OF GOODS,
TERMS AND CONDITIONS OF DELIVERY
5.1. Goods purchased by the Buyer under this Agreement are paid by the Buyer at prices valid at the time of conclusion of the Agreement.
5.2. The price of the Goods is set and changed by the Seller independently unilaterally. The actual price for each unit of the Goods is communicated by the Seller to the Buyer by posting on the goods’ cards on the Seller’s website and on the price tags drawn up by the Seller on paper or other information media available to Buyers (using slate boards, stands, light displays, etc. .), which the Buyer can familiarize in the Store.
5.3. When purchasing the Goods in the Store, payment is made in UAE Dirham (AED) in full until it is transferred to the Buyer in cash at the cash desk of the Seller with the issuance to the Buyer of a document confirming payment (cash receipt). At the request of the Buyer, a sales receipt is provided (if there is no information on the name and quantity of the purchased goods on the cash receipt). Payment for the Goods under this Agreement by bank transfer is made by transferring funds to the Seller’s bank account, including by payment with payment cards
5.4. Payment for the goods through the seller’s website is carried out by bank transfer through the use of a specialized online payment system (service) synchronized with the seller’s website. Payment for the Goods is carried out in the amount valid at the time of acceptance of the offer by the Buyer. The cost of the Goods for accomplished and paid but not executed orders (with the exception of canceled ones) is not subject to change when the price of the Goods changes in accordance with clause 5.2 of this Agreement.
5.5. When paying for an order through a payment service on the Seller’s website, the Buyer agrees to use the data in order to send a cashier’s check or accountable form in electronic way to the provided phone number or email address in accordance with Federal Law No. 54- of 22.05.2003. Federal Law "On the use of cash machines in cash payments and (or) monetary transactions using electronic means of payment".
5.6. Amounts paid by the Buyer excessively are refunded on the basis of the Buyer's application or are taken into account in subsequent settlements. The funds indicated in this clause shall be returned by the Seller on the basis of the Buyer's application within 10 (ten) days from the date of filing the application in cash at the Seller’s location or by transferring the appropriate amount to the Buyer's bank or other account specified by the Buyer.
5.7. Payment by the Buyer of the Goods indicates full and unconditional agreement with the terms of sale of the Goods within the framework of these Rules. From the moment of payment for the Goods, the terms of the Agreement are considered to be finally agreed, confirmed and shall not be subject to change, unless otherwise provided by these Rules.
5.8. When selling Goods online, their delivery can be carried out by the delivery services at the expense of the Buyer.
5.9. When selling goods online, their delivery is carried out by the courier services. In this case, the price of the Goods increases, taking into account the costs of the Seller to pay for delivery services.
5.10. The buyer can choose the method of delivery of the goods on the page for filling out an online application (order) for the purchase of goods through the built-in widget.
5.11. The Seller’s obligation to transfer the Goods is considered fulfilled from the moment the Goods are transferred to the Buyer in the Store or from the moment the Goods are delivered to the Courier for delivery to the Buyer.
5.12. In the case of the Buyer's additional appeal to the Seller for the purchase of the Goods, the latter enters into a new Agreement with the Buyer in accordance with the current version of the Rules
5.13. The seller is obliged to transfer the Goods to the Buyer free of any rights for the third parties.
VI. ACCEPTANCE OF GOODS
6.1. In cases when the Buyer in violation of the law, other legal acts or the Agreement does not accept the Goods or refuses to accept it, the Seller has the right to demand from the Buyer to accept the Goods or refuse to execute the Agreement.
6.2. Acceptance of the Goods is carried out in accordance with the usual requirements.
6.3. The Buyer does not have the right to refuse to accept the goods, the delivery of which is overdue for a period of not more than 5 days. In case of delay in delivery of the Goods for a period of more than 5 days, the Buyer has the right to refuse to accept the Goods by notifying the Seller.
VII. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. Seller agrees:
7.1.1. To fulfill obligations properly in accordance with the terms of this Agreement, as well as the obligations and requirements of the law, other legal acts, and in their absence, in accordance with rules of business etiquette or other generally applicable requirements.
7.1.2. To deliver the Goods to the Buyer under the terms of this Agreement.
7.1.3. If the Buyer finds defects in the Goods within the expiration date (in the absence of an expiration date - within 2 years from the date of delivery of the Goods), at the request of the Buyer, either replace the Goods of the same brand (article) with Goods of good quality, or partially reduce the purchase price of the Goods, or if the Buyer refuses to accept the Agreement then to return him the amount paid for the Goods within 10 days from the date the Buyer submits the relevant requirement.
7.1.4. Comply other conditions of the Agreement and not allow violation of its provisions.
7.2. The buyer agrees:
7.2.1. To fulfill obligations properly in accordance with the terms of this Agreement, as well as the obligations and requirements of the law, other legal acts, and in their absence, in accordance with rules of business etiquette or other generally applicable requirements.
7.2.2. Accept and pay for the Goods of the Seller in the amount, in the manner, within the terms and on other conditions of the Agreement.
7.2.3. In case of refusal from the purchased Goods on the basis of clause 7.4.4 of this Agreement, return to the Seller the Goods of bad quality.
7.2.4. Observe other conditions of the Agreement and prevent violation of its provisions.
7.3. Seller has the right:
7.3.1. Unilaterally set and change the prices of the Goods. The cost of goods for ordered and paid, but not executed orders (with the exception of canceled ones) is not subject to change when the price of the goods changes.
7.3.2. To refuse the Buyer to exercise the rights provided in clause 7.4.4 of this Agreement upon expiration of the Goods, or in the absence thereof, after two years from the date of delivery of the Goods to the Buyer.
7.3.3. To receive payment for the Goods in accordance with the terms of the Agreement. If the Buyer refuses to pay for the Goods, he has the right at his own choice to demand payment for the Goods or refuse to execute the Agreement.
7.4. The Buyer has the right:
7.4.1. To receive from the Seller the Goods in accordance with the terms of these Rules.
7.4.2. For information about the Seller and sold Goods.
7.4.3. For the quality and safety of the Goods.
7.4.4. In case of detection of defects in purchased Goods under this Agreement, to require:
Exchange of Product of the same brand (article) with a Good Quality Product. In this case, the replacement of the Goods is carried out by the Seller within 7 days from the date of providing such request, and if necessary, an additional check of the quality of such Goods by the Seller - within 20 days from the date of providing of such request. If the Seller does not have the Goods necessary for replacement, the replacement is carried out within a month from the date of the presentation of such a request by the Buyer. If the Seller does not have the opportunity to replace the Goods (including due to the removal of the Goods of the same brand (article) from production), the Seller shall refund the amount of money paid for the Goods to the Buyer, and the Buyer shall return to the Seller the received Goods of bad quality.
A commensurate reduction in the purchase price of the Goods.
Refusal the purchased Goods and demand the return of the amount paid for the Goods. In this case, the Buyer is obliged to return to the Seller the received Goods of bad quality.
VIII. RESPONSIBILITY OF PARTIES AND DISPUTE RESOLUTION PROCEDURE
8.1. For failure to perform or improper performance of their obligations under the Agreement, the Parties shall be liable in accordance with the current legislation of the United Arab Emirates.
8.2. The Seller is not responsible if the technical or other capabilities of the Buyer (including Internet access) are limited or do not allow full use of all functionality of the Seller’s website.
8.3. The Seller does not guarantee the continuous operation of the website https://en.cosmomedica.shop/, however, he makes every effort to ensure its smooth operation. The Seller is not liable in case of temporary technical failures and (or) other limited (changes) in the operation of the website (which also includes various preventive and technical works on the website), which may possibly affect the functionality of the website.
8.4. The Parties shall be exempted from liability for non-performance or improper performance of obligations under the Agreement in the event of force majeure circumstances recognized as such and confirmed in accordance with the legislation of the United Arab Emirates, including in the event of force majeure circumstances that arose beyond the will and desire of the Parties and which could not be foreseen and / or avoided.
8.5. The parties undertake to resolve all disagreements arising through negotiations. If the Parties do not resolve the differences, the dispute is resolved in court in compliance with the rules of jurisdiction (in court at the location of the Seller or in court at the place of residence or stay of the Buyer) in compliance with the complaint procedure.
8.6. A party that believes that its rights have been violated is required to send a written complaint to the other party. The response period for a complaint for each of the Parties is 20 calendar days. In case of non-receipt of an answer or disagreement with the answer, the Party is entitled to apply to the court in accordance with clause 8.5. of the Agreement.
IX. DURATION OF THE CONTRACT AND ITS TERMINATION
9.1. The Agreement shall enter into force upon acceptance of the offer by the Buyer in accordance with Section II of these Rules. The Agreement is valid until the Parties fulfill their obligations on the order placed and paid by the Buyer in accordance with the terms of these Rules.
9.2. The Agreement terminates on the bases and in the manner prescribed by the current legislation of the United Arab Emirates. Termination of the Agreement does not exempt the Parties from fulfilling their obligations and responsibilities arising prior to the date of termination of the Agreement.
9.3. The contract may be amended or terminated on the bases and in the manner prescribed by current legislation the United Arab Emirates.
9.4. Perfume and cosmetic products of good quality cannot be returned or exchanged in accordance with the List of non-food products of good quality that cannot be returned or exchanged for similar goods of other sizes, shapes, dimensions, styles, colors or configurations, approved by the legislation of the United Arab Emirates.
9.5. The Buyer has the right to make complaints related to the defects of the Goods, if they are discovered during the shelf life of the Goods.
9.6. Having received the Goods of bad quality, the Buyer has the right to make to the Seller complaints accorings the legislation of the United Arab Emirates, if the Seller, having received the Buyer's notification about the shortcomings of the delivered Goods, does not immediately replace the delivered Goods with Goods of good quality.
9.7. In case of delivery of the Goods to the Buyer in violation of the terms of this Agreement, the requirements of the law, other legal acts or the usually made requirements for completeness, he is entitled to make to the Supplier complaints provided in the legislation of the United Arab Emirates, unless the Seller, having received the Buyer's notification about the incompleteness of the delivered Goods, does not immediately pack the Goods or does not replace them with a complete one.
9.8. The provisions of these Rules may be changed unilaterally by the Seller without any special notice to the Buyer. The new version of the Rules comes into force from the moment of its publication on the Seller’s website (unless otherwise provided by the new version of the Rules) and is binding on the Parties. The revised Rules apply at the time the Buyer submits an online application (acceptance of the offer) to the executed and paid orders.
X. OTHER TERMS
10.1. Opening hours of the Seller’s Store: on Su-We from 10.00 AM to 10.00 PM, oon Th-Sa from 10.00 AM to 12.00 AM. Information on the Store’s working hours is additionally presented on the Seller’s signboard located on the front door of the Store’s location, on the information stand located in the Store, as well as on the Seller’s website: https://en.cosmomedica.shop/.
10.2. Each of the Parties shall fulfill its duties in accordance with the requirements of the Agreement and the legislation of the United Arab Emirates, as well as provide the other Party with all possible assistance in the performance of its duties.
10.3. The rights and obligations of the Buyer may be exercised by his representative in force and within the power of authority, based on a power of attorney, an indication of the law or an act of an authorized state body or local government.
10.4. Issues not regulated by these Rules are resolved in accordance with the current legislation of the United Arab Emirates.
XI. DETAILS OF THE SELLER
Details of the company’s registered offce:
HELEN COSMETICS TRADING LLC
United Arab Emirates, Dubai, Barsha Heights,
The One Business Tower, 24-th floor, Office 1204-126
Phone: +971 50 322 7486