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MERCY BAG Online Store Terms and Conditions of Sale
Individual Entrepreneur Polina Aleksandrovna Khabarova, hereinafter referred to as the “Seller”, publishes these Rules (Terms) for the distance sale of goods on the MERCY BAG online store website hosted at https://mercybag.store/.
This offer constitutes a public offer under Clause 2 of Article 437 of the Civil Code of the Russian Federation (the “Agreement” or “Public Offer”). Full and unconditional acceptance (acceptance) of its terms, in accordance with Article 438 of the Civil Code of the Russian Federation, occurs when the Buyer takes conclusive actions, namely placing an order for a Product presented on https://mercybag.store/ in the manner and subject to the conditions set out in this Agreement.
By ordering Products through the Online Store, the Buyer accepts the terms of this Agreement, including those concerning the processing of the Buyer’s and/or Order Recipient’s personal data. If the Buyer disagrees with any provision of the Agreement, the Buyer is advised not to purchase the Product.
1. Terms and Definitions
1.1. Order — a properly completed and submitted request by the Buyer, with the relevant fields completed in the “Cart” and “Checkout” sections of the website, to purchase and deliver one or more Products to the address specified by the Buyer or to collect Products selected by the Buyer on the Website.
1.2. Buyer — an individual or legal entity that has fully accepted the terms of this Public Offer, i.e. accepted it by placing orders and purchasing Products offered by Individual Entrepreneur Polina Aleksandrovna Khabarova on https://mercybag.store/ for personal, household or other needs unrelated to business activities.
1.3. Order Recipient — an individual or legal entity for whose benefit the Buyer places an Order on https://mercybag.store/ for personal, household or other needs unrelated to business activities.
1.4. Seller / Operator — Individual Entrepreneur Polina Aleksandrovna Khabarova (INN 772984985538 / OGRN 321774600649580), address: Premises 14A, 10/7с1 Rozhdestvensky Boulevard, Moscow, 107031, Russia.
1.5. Website — the online resource available at https://mercybag.store/.
1.6. Product — bags, clothing, accessories and other goods offered for sale on the Website.
1.7. Online Store — the Seller’s official online store, operated by Individual Entrepreneur Polina Aleksandrovna Khabarova at mercybag.ru, where the Products offered for purchase and the terms of payment and delivery are presented.
1.8. Personal Data — any information relating directly or indirectly to an identified or identifiable individual (the data subject / Consumer), which the Consumer voluntarily and knowingly provides when placing an Order in the Online Store and which is necessary to fulfil the Order, as well as information collected automatically while the Website is being used, including cookies.
1.9. Cookies — the Website uses cookies and similar technologies to provide Buyers with the greatest possible convenience by displaying personalised information, remembering marketing and Website content preferences, and helping Buyers find the information they need.
1.10. Delivery Service — a third party (courier, transport company, etc.) that provides delivery services under an agreement with the Seller.
1.11. Seller’s Warehouse — Premises 14A, 10/7с1 Rozhdestvensky Boulevard, Moscow, 107031, Russia.
2. General Provisions
2.1. This Public Offer applies to all types of Products and services presented on the Website for as long as offers describing them remain in the Online Store catalogue.
2.2. This Public Offer is deemed accepted by the Buyer when the Buyer places an Order, including when the Seller receives an Order through the Website’s “Order Form” page, which opens when the Buyer selects “Proceed to Checkout” in the “Cart” section.
2.3. The Agreement concluded as a result of the Buyer’s acceptance of this offer is an adhesion contract, to which the Buyer agrees without exceptions and/or reservations.
2.4. The Buyer may place an order in the Online Store at mercybag.ru 24 hours a day, 7 days a week, except during scheduled maintenance or technical outages.
2.5. Addresses and opening hours of stores and collection points, as well as return conditions, are available at mercybag.ru in the “Delivery” and “Returns” sections.
2.6. The relationship between the Buyer and the Seller is governed by the Civil Code of the Russian Federation on retail sale and purchase (Paragraph 2, Chapter 30), the Law “On Consumer Rights Protection”, the Resolution of the Government of the Russian Federation “On Approval of the Rules for the Sale of Goods by Distance Selling”, and other federal laws and legal acts adopted in accordance with them.
2.7. The Seller reserves the right to amend and/or supplement this Agreement by publishing the amendments and/or supplements in the text of the Agreement on the Website. The Buyer is therefore required to check the version of the Agreement published in the “Offer” section regularly. The new version takes effect upon publication on the Website and applies to any Order placed after publication, unless otherwise provided by this Agreement.
2.8. All text and images of Products published on the Website are the property of the Seller or its counterparties. Viewing the information or printing Website pages is permitted for personal use only.
3. Subject Matter
3.1. The Seller undertakes to sell Products listed in the Online Store catalogue at mercybag.ru, and the Buyer undertakes to accept and pay for the Products at the prices stated in the Product description on the relevant Website page, subject to this Agreement.
3.2. Placing an Order constitutes the Buyer’s unconditional acceptance of the terms of this Agreement, including those concerning the processing of the Buyer’s Personal Data.
3.3. The retail sale and purchase agreement is deemed concluded when the Seller issues the Buyer a cash receipt, sales receipt or other document confirming payment for the Product.
3.4. By placing an Order, the Buyer agrees that the Seller may engage a third party to perform the Agreement, while remaining responsible for its performance.
4. Placing and Fulfilling Orders
4.1. The Buyer places an Order independently on the Website. If the Buyer is unable to place an Order on the Website, it may be placed by calling or messaging the Online Store using the telephone number listed on the Website.
4.2. The Buyer must communicate with the Seller’s managers and other representatives in accordance with generally accepted standards of conduct and communication etiquette. The use of obscene language, profanity, insulting expressions, threats or blackmail is strictly prohibited, regardless of the form in which they are expressed or the person to whom they are addressed.
4.3. Registration on the Website is not required to place an Order.
4.4. When placing an Order, the Buyer must provide the following information:
4.6. The Buyer bears full responsibility for providing incorrect information that makes it impossible for the Seller to properly fulfil its obligations to the Buyer and/or Order Recipient.
4.7. If a Product ordered by the Buyer is out of stock, the Seller may remove that Product from the Order or cancel the Order, notifying the Consumer by a message sent to the telephone number via a messaging service or to the email address provided by the Buyer when placing the Order.
4.8. Photographs accompanying a Product are illustrative and may differ from the Product’s actual appearance. Product descriptions and specifications are not intended to be exhaustive and may contain typographical errors. To clarify information about a Product, the Buyer should contact the Seller using the details in the “Contacts” section of the Website.
4.9. If a fully prepaid Order is cancelled, the Seller will refund the price of the cancelled Product using the same payment method used to pay for it.
4.10. After an Order is placed on the Website, the Consumer will receive information about the Order and the estimated delivery time in an email sent to the address provided by the Buyer.
4.11. The Seller may unilaterally change the date of delivery of the Product if there are objective reasons, as determined by the Seller.
5. Order Delivery
5.1. The available delivery methods and estimated delivery times for Products sold by the Seller are listed in the “Delivery” section of mercybag.ru. The specific delivery time may be agreed with the Buyer when the Order is confirmed.
5.2. Delivery is provided by courier throughout cities in Russia and/or worldwide by a transport company. The delivery area for Products sold on the Website is worldwide, unless restrictions apply in exceptional cases depending on the type of Product. In such cases, the delivery area and/or methods will be indicated during checkout and/or confirmed with the Seller.
5.3. Delivery to certain countries may be restricted by the laws of the destination country, country-specific rules and/or international relations. If delivery is restricted, the Product must be returned to the Seller by an available method, and the amount paid for the Product will be refunded within 10 days using the original payment method.
5.4. Products may be collected from the Seller’s warehouse by prior arrangement.
5.5. The Seller provides a return form containing information about the return period together with the Product.
5.6. The Seller endeavours to meet the agreed delivery times. The Seller is not responsible for delivery delays caused by unforeseen circumstances beyond the Seller’s control.
5.7. The Order is delivered to the Buyer or the Order Recipient named in the Order. If neither can receive it, the Order may be handed to a person able to provide information about the Order, such as the tracking number and/or the Consumer’s full name.
5.8. The risk of accidental loss of or damage to the Product passes to the Consumer when the Order is handed over and the Consumer signs the documents confirming delivery. If the Order is not delivered, the Seller will reimburse the Buyer in full for the amount paid for the Order and delivery once loss of the Order has been confirmed.
5.9. The delivery cost is calculated individually based on the destination region and delivery method and is displayed at the final stage of checkout on the Website.
5.10. The Buyer understands and agrees that delivery is a separate service and is not an integral part of the Product purchased. Complaints about the quality of a Product arising after receipt and payment are handled in accordance with the Russian Law “On Consumer Rights Protection” and the relevant Seller’s warranty obligations. Accordingly, purchasing a Product with delivery does not entitle the Buyer to require delivery of the Product for warranty service or replacement, does not provide for warranty service or replacement by a visit to the Buyer, and does not imply a right to a refund of delivery costs where the Buyer is entitled to a refund for the Product itself under Russian Law No. 2300-1 of 7 February 1992, “On Consumer Rights Protection”.
5.11. The Seller’s obligation to hand over the Product is deemed fulfilled when the Product is handed to the Consumer by the transport company or at the previously agreed collection point, including a parcel collection point.
5.12. When collecting an Order from a transport company or collection point, after paying for the delivered Product, the Consumer must inspect and open the package in the presence of the transport company’s staff to check that the quantity, assortment and contents match the Order and that the packaging is intact. If there is a complaint about the delivered Product (missing items, an item different from the one listed in the shipment inventory, manufacturing defects or other issues), the Recipient must draw up a report of the discrepancies in the presence of the transport company’s staff. If no complaint is made in this manner, the Seller is deemed to have duly and fully fulfilled its obligation to deliver the Product.
5.13. If a Product delivered by a transport company is returned because of a complaint, the Recipient must include the following documents with the returned shipment: a refund request; a copy of the report of discrepancies; a copy of the payment receipt; a copy of the shipment inventory; the return form; a photograph documenting the defect; and an expert assessment, if one has been conducted.
6. Payment for Products
6.1. Prices for Products sold in the Online Store are stated in Russian roubles. Payments are made to the accounts specified by the Seller.
6.2. The Seller determines Product prices unilaterally, and prices are displayed on the Online Store pages at mercybag.ru. If an incorrect price is displayed for an Order, the Seller will inform the Buyer so that the Buyer can confirm the Order at the corrected price or cancel it. If the Buyer cannot be contacted, the Order will be deemed cancelled, except where the actual price is lower than the price displayed on the Online Store pages. If the Order has been paid for, the Seller will refund the amount paid using the original payment method.
6.3. The Seller may change prices on the Website unilaterally. However, the price of a Product already ordered by the Buyer will not change. An offer to enter into a contract for a specific Product remains valid while the Product is listed on the Seller’s Website, provided that it is in stock.
6.4. The Buyer may pay by online payment on the Website.
6.5. Available payment methods depend on the delivery options available in the relevant locality. More information is provided in the “How to Pay for an Order?” and “Delivery” sections of the Website.
6.6. Special terms for payment by bank card
6.6.1. Under the Bank of Russia Regulation “On the Issue of Bank Cards and Transactions Performed Using Payment Cards” dated 24 December 2004, No. 266-P, bank card transactions are performed by the cardholder or a person authorised by the cardholder.
6.6.2. Bank card transactions are authorised by the bank. If the bank has reason to believe that a transaction is fraudulent, it may refuse to process it. Fraudulent bank card transactions are subject to Article 159 of the Criminal Code of the Russian Federation.
6.6.3. To prevent various forms of unlawful use of bank cards, all Orders placed on the Website and prepaid by bank card are checked by the Seller.
6.7. The Seller may offer discounts on Products and establish a bonus programme. The types of discounts and bonuses and the rules and conditions for awarding them are determined by the Seller and stated on the Website.
6.8. If applying a discount or bonus results in a Product price that includes kopecks, the price will be rounded down to the nearest whole rouble.
6.9. For marketing campaigns involving the inclusion of items in a Buyer’s Order shipment, delivery of those items is paid for by the Buyer. To decline an included item, the Buyer must contact the Seller through the “Contacts” section.
7. Returns, Exchanges and Refunds
7.1. Returns of Products sold by the Seller are handled in accordance with the conditions set out below.
7.2. A Product that does not suit the Consumer in terms of shape, dimensions, style, colour, size or configuration may be exchanged within 14 days, excluding the day of purchase.
7.3. A Product may be returned or exchanged if its marketable condition (including packaging, seals and labels), consumer properties and completeness have been preserved, along with the document confirming the fact and terms of purchase (sales or cash receipt).
7.4. Return of Products of Acceptable Quality
7.4.1. The Consumer may refuse an ordered Product at any time before receiving it and, after receipt, within 14 (fourteen) days, excluding the day of purchase, except for Products made to order according to a creative brief approved by the Buyer. A Product of acceptable quality may be returned if its marketable condition and consumer properties have been preserved.
7.4.2. If the Consumer refuses a Product, the Seller will refund the price of the returned Product, excluding the Seller’s expenses associated with delivery of the returned Product, within 10 (ten) days from the date the returned Product and the Buyer’s completed refund request are received at the Seller’s warehouse.
7.4.3. If an equivalent Product is no longer available for sale when the Consumer makes a request, the Buyer may withdraw from this Public Offer and demand a refund of the amount paid for the Product. The Seller must refund the amount paid for the returned Product within 10 (ten) days from the date of its return.
7.4.4. To return a Product of acceptable quality, including for exchange, the Consumer must carefully pack the Product with all components and the full set of accessories specified in its technical documentation and include the following documents:
7.5.1. A defective Product is a Product that is faulty and cannot perform its intended functions or does not meet the requirements specified in the creative brief for a made-to-order Product. The Product received must correspond to its description on the Website. Differences in design or appearance from the description on the Website do not, in themselves, constitute evidence of defective quality.
7.5.2. The Buyer or Order Recipient must check the Product’s appearance and completeness, as well as the completeness of the entire Order, upon delivery.
7.5.3. Upon delivery, the Consumer signs the delivery receipt in the field stating: “Order received, contents complete, no complaints regarding the quantity or appearance of the Product”, or in a similar field in another document issued by the Seller confirming the absence of complaints about completeness, quantity and quality. After the Order has been received, complaints about visible defects, quantity, completeness or marketable condition will not be accepted.
7.5.4. If a defective Product is delivered and the Seller did not disclose the defect in advance, the Buyer may exercise the rights set out in Article 18, “Consumer Rights in the Event of Product Defects”, of Russian Law No. 2300-1 of 7 February 1992, “On Consumer Rights Protection”.
7.5.5. Requests for a refund of the amount paid for a Product must be satisfied within 10 (ten) days from the date the relevant request is submitted (Article 22 of the Russian Law “On Consumer Rights Protection”).
7.5.6. Refunds are made by crediting the price paid for the Product to the bank card used when placing the Order.
7.5.7. Return of a discounted Product due to a defect disclosed by the Seller in advance: when making a claim, the Consumer may not rely on a defect that was disclosed before purchase and may not subsequently require the Seller to remedy that defect, refund the price, replace the Product with an equivalent one or provide another remedy under the law on the basis of that previously disclosed defect.
7.6. Return Methods
8.1. The Seller is not liable for damage caused to the Consumer by improper use of Products purchased from the Online Store.
8.2. The Seller is not responsible for the accuracy or correctness of the information provided by the Buyer when placing an Order.
9. Personal Data
9.1. For the purposes of this Public Offer, Personal Data means any information relating directly or indirectly to an identified or identifiable individual (the data subject), namely the Consumer.
9.2. Processing of Personal Data means any action (operation), or set of actions (operations), performed on the Consumer’s Personal Data using automated means or without them, including collection, recording, systematisation, accumulation, storage, clarification (updating or modification), extraction, use, transfer (including transfer to third parties where necessary to fulfil obligations), blocking, deletion and destruction.
9.3. The Buyer’s acceptance of this Agreement provides the basis for the Seller and persons authorised by the Seller to process the Personal Data of both the Buyer and the Order Recipient (together referred to as the “Consumer”) where necessary for:
9.4.1. Process Personal Data using automated means, including in information and telecommunications networks, or without automated means, in accordance with the purposes of processing;
9.4.2. Entrust the processing of Personal Data to the following third parties;
9.4.3. Transfer or provide access to Personal Data to third parties to whom the Consumer’s Personal Data may be disclosed for the provision of technical and organisational services necessary for the Seller to fulfil its obligations under the Agreement, including:
9.7. The Seller may send advertising information to the Buyer’s email address and/or mobile phone only if the Buyer has given explicit consent by ticking the “I agree” box on the Website.
9.8. The Buyer may opt out of receiving advertising information at any time, without giving a reason, by either of the following methods:
9.10. Personal Data will be processed for the duration of this Agreement and for 5 (five) years after its termination.
9.11. All Consumer Personal Data will be stored in accordance with applicable Russian law.
9.12. Once the purposes of processing have been achieved, or where the need to achieve them no longer exists, the Consumer’s Personal Data must be destroyed unless otherwise provided by law. The Seller undertakes to take all possible measures to ensure the destruction of the Consumer’s Personal Data, including by third parties acting on the Operator’s instructions.
9.13. The Buyer or Order Recipient may request that the Operator clarify, block or destroy their Personal Data if it is incomplete, outdated, inaccurate, unlawfully obtained or unnecessary for the stated purpose of processing, and may take other measures provided by law to protect their rights.
9.14. Contact details of the person responsible for organising Personal Data processing: Polina Aleksandrovna Khabarova, info@mercybag.ru.
10. Term of the Public Offer
10.1. This Public Offer takes effect when accepted by the Buyer and remains in force until the acceptance of the Public Offer is withdrawn.
11. Additional Terms
11.1. The Seller may assign or otherwise transfer to third parties its rights and obligations arising from its relationship with the Buyer.
11.2. The Online Store and its services may be temporarily, partially or fully unavailable due to scheduled maintenance, other work or any other technical reasons.
11.3. If the Consumer has questions or complaints, they may contact the Seller by telephone or by another available method. The parties will endeavour to resolve any disputes through negotiations. If no agreement is reached, the dispute will be referred to a court in accordance with the applicable laws of the Russian Federation.
11.4. If a court declares any provision of this Public Offer invalid, the remaining provisions will remain in effect.
Individual Entrepreneur Polina Aleksandrovna Khabarova, hereinafter referred to as the “Seller”, publishes these Rules (Terms) for the distance sale of goods on the MERCY BAG online store website hosted at https://mercybag.store/.
This offer constitutes a public offer under Clause 2 of Article 437 of the Civil Code of the Russian Federation (the “Agreement” or “Public Offer”). Full and unconditional acceptance (acceptance) of its terms, in accordance with Article 438 of the Civil Code of the Russian Federation, occurs when the Buyer takes conclusive actions, namely placing an order for a Product presented on https://mercybag.store/ in the manner and subject to the conditions set out in this Agreement.
By ordering Products through the Online Store, the Buyer accepts the terms of this Agreement, including those concerning the processing of the Buyer’s and/or Order Recipient’s personal data. If the Buyer disagrees with any provision of the Agreement, the Buyer is advised not to purchase the Product.
1. Terms and Definitions
1.1. Order — a properly completed and submitted request by the Buyer, with the relevant fields completed in the “Cart” and “Checkout” sections of the website, to purchase and deliver one or more Products to the address specified by the Buyer or to collect Products selected by the Buyer on the Website.
1.2. Buyer — an individual or legal entity that has fully accepted the terms of this Public Offer, i.e. accepted it by placing orders and purchasing Products offered by Individual Entrepreneur Polina Aleksandrovna Khabarova on https://mercybag.store/ for personal, household or other needs unrelated to business activities.
1.3. Order Recipient — an individual or legal entity for whose benefit the Buyer places an Order on https://mercybag.store/ for personal, household or other needs unrelated to business activities.
1.4. Seller / Operator — Individual Entrepreneur Polina Aleksandrovna Khabarova (INN 772984985538 / OGRN 321774600649580), address: Premises 14A, 10/7с1 Rozhdestvensky Boulevard, Moscow, 107031, Russia.
1.5. Website — the online resource available at https://mercybag.store/.
1.6. Product — bags, clothing, accessories and other goods offered for sale on the Website.
1.7. Online Store — the Seller’s official online store, operated by Individual Entrepreneur Polina Aleksandrovna Khabarova at mercybag.ru, where the Products offered for purchase and the terms of payment and delivery are presented.
1.8. Personal Data — any information relating directly or indirectly to an identified or identifiable individual (the data subject / Consumer), which the Consumer voluntarily and knowingly provides when placing an Order in the Online Store and which is necessary to fulfil the Order, as well as information collected automatically while the Website is being used, including cookies.
1.9. Cookies — the Website uses cookies and similar technologies to provide Buyers with the greatest possible convenience by displaying personalised information, remembering marketing and Website content preferences, and helping Buyers find the information they need.
1.10. Delivery Service — a third party (courier, transport company, etc.) that provides delivery services under an agreement with the Seller.
1.11. Seller’s Warehouse — Premises 14A, 10/7с1 Rozhdestvensky Boulevard, Moscow, 107031, Russia.
2. General Provisions
2.1. This Public Offer applies to all types of Products and services presented on the Website for as long as offers describing them remain in the Online Store catalogue.
2.2. This Public Offer is deemed accepted by the Buyer when the Buyer places an Order, including when the Seller receives an Order through the Website’s “Order Form” page, which opens when the Buyer selects “Proceed to Checkout” in the “Cart” section.
2.3. The Agreement concluded as a result of the Buyer’s acceptance of this offer is an adhesion contract, to which the Buyer agrees without exceptions and/or reservations.
2.4. The Buyer may place an order in the Online Store at mercybag.ru 24 hours a day, 7 days a week, except during scheduled maintenance or technical outages.
2.5. Addresses and opening hours of stores and collection points, as well as return conditions, are available at mercybag.ru in the “Delivery” and “Returns” sections.
2.6. The relationship between the Buyer and the Seller is governed by the Civil Code of the Russian Federation on retail sale and purchase (Paragraph 2, Chapter 30), the Law “On Consumer Rights Protection”, the Resolution of the Government of the Russian Federation “On Approval of the Rules for the Sale of Goods by Distance Selling”, and other federal laws and legal acts adopted in accordance with them.
2.7. The Seller reserves the right to amend and/or supplement this Agreement by publishing the amendments and/or supplements in the text of the Agreement on the Website. The Buyer is therefore required to check the version of the Agreement published in the “Offer” section regularly. The new version takes effect upon publication on the Website and applies to any Order placed after publication, unless otherwise provided by this Agreement.
2.8. All text and images of Products published on the Website are the property of the Seller or its counterparties. Viewing the information or printing Website pages is permitted for personal use only.
3. Subject Matter
3.1. The Seller undertakes to sell Products listed in the Online Store catalogue at mercybag.ru, and the Buyer undertakes to accept and pay for the Products at the prices stated in the Product description on the relevant Website page, subject to this Agreement.
3.2. Placing an Order constitutes the Buyer’s unconditional acceptance of the terms of this Agreement, including those concerning the processing of the Buyer’s Personal Data.
3.3. The retail sale and purchase agreement is deemed concluded when the Seller issues the Buyer a cash receipt, sales receipt or other document confirming payment for the Product.
3.4. By placing an Order, the Buyer agrees that the Seller may engage a third party to perform the Agreement, while remaining responsible for its performance.
4. Placing and Fulfilling Orders
4.1. The Buyer places an Order independently on the Website. If the Buyer is unable to place an Order on the Website, it may be placed by calling or messaging the Online Store using the telephone number listed on the Website.
4.2. The Buyer must communicate with the Seller’s managers and other representatives in accordance with generally accepted standards of conduct and communication etiquette. The use of obscene language, profanity, insulting expressions, threats or blackmail is strictly prohibited, regardless of the form in which they are expressed or the person to whom they are addressed.
4.3. Registration on the Website is not required to place an Order.
4.4. When placing an Order, the Buyer must provide the following information:
- The Buyer’s or Order Recipient’s name (surname and first name), if the recipient is not the Buyer;
- Contact details (email address and contact telephone number);
- City or locality;
- Delivery method;
- Delivery address, if courier delivery or CDEK delivery is selected;
- Payment method;
- Bank card details, if the Order is paid for on the Website;
- Any other information requested by the Seller that is necessary for the Seller to fulfil its obligations under this Agreement.
4.6. The Buyer bears full responsibility for providing incorrect information that makes it impossible for the Seller to properly fulfil its obligations to the Buyer and/or Order Recipient.
4.7. If a Product ordered by the Buyer is out of stock, the Seller may remove that Product from the Order or cancel the Order, notifying the Consumer by a message sent to the telephone number via a messaging service or to the email address provided by the Buyer when placing the Order.
4.8. Photographs accompanying a Product are illustrative and may differ from the Product’s actual appearance. Product descriptions and specifications are not intended to be exhaustive and may contain typographical errors. To clarify information about a Product, the Buyer should contact the Seller using the details in the “Contacts” section of the Website.
4.9. If a fully prepaid Order is cancelled, the Seller will refund the price of the cancelled Product using the same payment method used to pay for it.
4.10. After an Order is placed on the Website, the Consumer will receive information about the Order and the estimated delivery time in an email sent to the address provided by the Buyer.
4.11. The Seller may unilaterally change the date of delivery of the Product if there are objective reasons, as determined by the Seller.
5. Order Delivery
5.1. The available delivery methods and estimated delivery times for Products sold by the Seller are listed in the “Delivery” section of mercybag.ru. The specific delivery time may be agreed with the Buyer when the Order is confirmed.
5.2. Delivery is provided by courier throughout cities in Russia and/or worldwide by a transport company. The delivery area for Products sold on the Website is worldwide, unless restrictions apply in exceptional cases depending on the type of Product. In such cases, the delivery area and/or methods will be indicated during checkout and/or confirmed with the Seller.
5.3. Delivery to certain countries may be restricted by the laws of the destination country, country-specific rules and/or international relations. If delivery is restricted, the Product must be returned to the Seller by an available method, and the amount paid for the Product will be refunded within 10 days using the original payment method.
5.4. Products may be collected from the Seller’s warehouse by prior arrangement.
5.5. The Seller provides a return form containing information about the return period together with the Product.
5.6. The Seller endeavours to meet the agreed delivery times. The Seller is not responsible for delivery delays caused by unforeseen circumstances beyond the Seller’s control.
5.7. The Order is delivered to the Buyer or the Order Recipient named in the Order. If neither can receive it, the Order may be handed to a person able to provide information about the Order, such as the tracking number and/or the Consumer’s full name.
5.8. The risk of accidental loss of or damage to the Product passes to the Consumer when the Order is handed over and the Consumer signs the documents confirming delivery. If the Order is not delivered, the Seller will reimburse the Buyer in full for the amount paid for the Order and delivery once loss of the Order has been confirmed.
5.9. The delivery cost is calculated individually based on the destination region and delivery method and is displayed at the final stage of checkout on the Website.
5.10. The Buyer understands and agrees that delivery is a separate service and is not an integral part of the Product purchased. Complaints about the quality of a Product arising after receipt and payment are handled in accordance with the Russian Law “On Consumer Rights Protection” and the relevant Seller’s warranty obligations. Accordingly, purchasing a Product with delivery does not entitle the Buyer to require delivery of the Product for warranty service or replacement, does not provide for warranty service or replacement by a visit to the Buyer, and does not imply a right to a refund of delivery costs where the Buyer is entitled to a refund for the Product itself under Russian Law No. 2300-1 of 7 February 1992, “On Consumer Rights Protection”.
5.11. The Seller’s obligation to hand over the Product is deemed fulfilled when the Product is handed to the Consumer by the transport company or at the previously agreed collection point, including a parcel collection point.
5.12. When collecting an Order from a transport company or collection point, after paying for the delivered Product, the Consumer must inspect and open the package in the presence of the transport company’s staff to check that the quantity, assortment and contents match the Order and that the packaging is intact. If there is a complaint about the delivered Product (missing items, an item different from the one listed in the shipment inventory, manufacturing defects or other issues), the Recipient must draw up a report of the discrepancies in the presence of the transport company’s staff. If no complaint is made in this manner, the Seller is deemed to have duly and fully fulfilled its obligation to deliver the Product.
5.13. If a Product delivered by a transport company is returned because of a complaint, the Recipient must include the following documents with the returned shipment: a refund request; a copy of the report of discrepancies; a copy of the payment receipt; a copy of the shipment inventory; the return form; a photograph documenting the defect; and an expert assessment, if one has been conducted.
6. Payment for Products
6.1. Prices for Products sold in the Online Store are stated in Russian roubles. Payments are made to the accounts specified by the Seller.
6.2. The Seller determines Product prices unilaterally, and prices are displayed on the Online Store pages at mercybag.ru. If an incorrect price is displayed for an Order, the Seller will inform the Buyer so that the Buyer can confirm the Order at the corrected price or cancel it. If the Buyer cannot be contacted, the Order will be deemed cancelled, except where the actual price is lower than the price displayed on the Online Store pages. If the Order has been paid for, the Seller will refund the amount paid using the original payment method.
6.3. The Seller may change prices on the Website unilaterally. However, the price of a Product already ordered by the Buyer will not change. An offer to enter into a contract for a specific Product remains valid while the Product is listed on the Seller’s Website, provided that it is in stock.
6.4. The Buyer may pay by online payment on the Website.
6.5. Available payment methods depend on the delivery options available in the relevant locality. More information is provided in the “How to Pay for an Order?” and “Delivery” sections of the Website.
6.6. Special terms for payment by bank card
6.6.1. Under the Bank of Russia Regulation “On the Issue of Bank Cards and Transactions Performed Using Payment Cards” dated 24 December 2004, No. 266-P, bank card transactions are performed by the cardholder or a person authorised by the cardholder.
6.6.2. Bank card transactions are authorised by the bank. If the bank has reason to believe that a transaction is fraudulent, it may refuse to process it. Fraudulent bank card transactions are subject to Article 159 of the Criminal Code of the Russian Federation.
6.6.3. To prevent various forms of unlawful use of bank cards, all Orders placed on the Website and prepaid by bank card are checked by the Seller.
6.7. The Seller may offer discounts on Products and establish a bonus programme. The types of discounts and bonuses and the rules and conditions for awarding them are determined by the Seller and stated on the Website.
6.8. If applying a discount or bonus results in a Product price that includes kopecks, the price will be rounded down to the nearest whole rouble.
6.9. For marketing campaigns involving the inclusion of items in a Buyer’s Order shipment, delivery of those items is paid for by the Buyer. To decline an included item, the Buyer must contact the Seller through the “Contacts” section.
7. Returns, Exchanges and Refunds
7.1. Returns of Products sold by the Seller are handled in accordance with the conditions set out below.
7.2. A Product that does not suit the Consumer in terms of shape, dimensions, style, colour, size or configuration may be exchanged within 14 days, excluding the day of purchase.
7.3. A Product may be returned or exchanged if its marketable condition (including packaging, seals and labels), consumer properties and completeness have been preserved, along with the document confirming the fact and terms of purchase (sales or cash receipt).
7.4. Return of Products of Acceptable Quality
7.4.1. The Consumer may refuse an ordered Product at any time before receiving it and, after receipt, within 14 (fourteen) days, excluding the day of purchase, except for Products made to order according to a creative brief approved by the Buyer. A Product of acceptable quality may be returned if its marketable condition and consumer properties have been preserved.
7.4.2. If the Consumer refuses a Product, the Seller will refund the price of the returned Product, excluding the Seller’s expenses associated with delivery of the returned Product, within 10 (ten) days from the date the returned Product and the Buyer’s completed refund request are received at the Seller’s warehouse.
7.4.3. If an equivalent Product is no longer available for sale when the Consumer makes a request, the Buyer may withdraw from this Public Offer and demand a refund of the amount paid for the Product. The Seller must refund the amount paid for the returned Product within 10 (ten) days from the date of its return.
7.4.4. To return a Product of acceptable quality, including for exchange, the Consumer must carefully pack the Product with all components and the full set of accessories specified in its technical documentation and include the following documents:
- Return form;
- Copy of a passport or another identity document;
- Copy of the payment receipt.
7.5.1. A defective Product is a Product that is faulty and cannot perform its intended functions or does not meet the requirements specified in the creative brief for a made-to-order Product. The Product received must correspond to its description on the Website. Differences in design or appearance from the description on the Website do not, in themselves, constitute evidence of defective quality.
7.5.2. The Buyer or Order Recipient must check the Product’s appearance and completeness, as well as the completeness of the entire Order, upon delivery.
7.5.3. Upon delivery, the Consumer signs the delivery receipt in the field stating: “Order received, contents complete, no complaints regarding the quantity or appearance of the Product”, or in a similar field in another document issued by the Seller confirming the absence of complaints about completeness, quantity and quality. After the Order has been received, complaints about visible defects, quantity, completeness or marketable condition will not be accepted.
7.5.4. If a defective Product is delivered and the Seller did not disclose the defect in advance, the Buyer may exercise the rights set out in Article 18, “Consumer Rights in the Event of Product Defects”, of Russian Law No. 2300-1 of 7 February 1992, “On Consumer Rights Protection”.
7.5.5. Requests for a refund of the amount paid for a Product must be satisfied within 10 (ten) days from the date the relevant request is submitted (Article 22 of the Russian Law “On Consumer Rights Protection”).
7.5.6. Refunds are made by crediting the price paid for the Product to the bank card used when placing the Order.
7.5.7. Return of a discounted Product due to a defect disclosed by the Seller in advance: when making a claim, the Consumer may not rely on a defect that was disclosed before purchase and may not subsequently require the Seller to remedy that defect, refund the price, replace the Product with an equivalent one or provide another remedy under the law on the basis of that previously disclosed defect.
7.6. Return Methods
- Via a transport company: at the Consumer’s discretion. The Consumer sends the returned Product as a parcel with declared value and without cash on delivery. Parcels sent cash on delivery will not be accepted. The completed return request must be included in the parcel.
- Via the Seller’s warehouse: the Consumer returns the Product to the Seller’s warehouse after agreeing on the date and time in advance. The completed return request must accompany the Product.
8.1. The Seller is not liable for damage caused to the Consumer by improper use of Products purchased from the Online Store.
8.2. The Seller is not responsible for the accuracy or correctness of the information provided by the Buyer when placing an Order.
9. Personal Data
9.1. For the purposes of this Public Offer, Personal Data means any information relating directly or indirectly to an identified or identifiable individual (the data subject), namely the Consumer.
9.2. Processing of Personal Data means any action (operation), or set of actions (operations), performed on the Consumer’s Personal Data using automated means or without them, including collection, recording, systematisation, accumulation, storage, clarification (updating or modification), extraction, use, transfer (including transfer to third parties where necessary to fulfil obligations), blocking, deletion and destruction.
9.3. The Buyer’s acceptance of this Agreement provides the basis for the Seller and persons authorised by the Seller to process the Personal Data of both the Buyer and the Order Recipient (together referred to as the “Consumer”) where necessary for:
- Entering into and performing an Agreement to which the Consumer is a party or beneficiary, including providing updates on Order status;
- Exercising and performing the Seller’s functions, powers and obligations under the laws of the Russian Federation, including tax law, civil law and consumer protection legislation;
- Communication, including receiving and processing Consumer enquiries and requests and monitoring the quality of information exchange with Consumers;
- Researching Consumer satisfaction with the quality of Products and the Seller’s services;
- Analysing Consumer activity on the Website, including determining location, and analysing Website performance;
- Storing the Consumer’s Personal Data;
- Organising and conducting activities to increase awareness of and loyalty to the MERCYBAG brand, including promotions and loyalty programmes.
9.4.1. Process Personal Data using automated means, including in information and telecommunications networks, or without automated means, in accordance with the purposes of processing;
9.4.2. Entrust the processing of Personal Data to the following third parties;
9.4.3. Transfer or provide access to Personal Data to third parties to whom the Consumer’s Personal Data may be disclosed for the provision of technical and organisational services necessary for the Seller to fulfil its obligations under the Agreement, including:
- The Delivery Service;
- Third parties engaged to organise marketing activities and/or inform customers about products and events on the Seller’s behalf.
- To process Personal Data in compliance with all applicable requirements of Russian legislation on personal data protection, including the principles, requirements and obligations established for personal data operators by Federal Law No. 152-FZ;
- Where the Operator must transfer or otherwise disclose the Consumer’s Personal Data to third parties, including government authorities, in order to fulfil its obligations to the Consumer, to do so in compliance with applicable law;
- To be responsible for protecting and ensuring the security and confidentiality of Consumers’ Personal Data during processing in accordance with the requirements of Russian law.
9.7. The Seller may send advertising information to the Buyer’s email address and/or mobile phone only if the Buyer has given explicit consent by ticking the “I agree” box on the Website.
9.8. The Buyer may opt out of receiving advertising information at any time, without giving a reason, by either of the following methods:
- Clicking the “Unsubscribe” button in an email;
- Contacting the Seller’s Customer Service team using the telephone number listed in the “Contacts” section of the Website.
9.10. Personal Data will be processed for the duration of this Agreement and for 5 (five) years after its termination.
9.11. All Consumer Personal Data will be stored in accordance with applicable Russian law.
9.12. Once the purposes of processing have been achieved, or where the need to achieve them no longer exists, the Consumer’s Personal Data must be destroyed unless otherwise provided by law. The Seller undertakes to take all possible measures to ensure the destruction of the Consumer’s Personal Data, including by third parties acting on the Operator’s instructions.
9.13. The Buyer or Order Recipient may request that the Operator clarify, block or destroy their Personal Data if it is incomplete, outdated, inaccurate, unlawfully obtained or unnecessary for the stated purpose of processing, and may take other measures provided by law to protect their rights.
9.14. Contact details of the person responsible for organising Personal Data processing: Polina Aleksandrovna Khabarova, info@mercybag.ru.
10. Term of the Public Offer
10.1. This Public Offer takes effect when accepted by the Buyer and remains in force until the acceptance of the Public Offer is withdrawn.
11. Additional Terms
11.1. The Seller may assign or otherwise transfer to third parties its rights and obligations arising from its relationship with the Buyer.
11.2. The Online Store and its services may be temporarily, partially or fully unavailable due to scheduled maintenance, other work or any other technical reasons.
11.3. If the Consumer has questions or complaints, they may contact the Seller by telephone or by another available method. The parties will endeavour to resolve any disputes through negotiations. If no agreement is reached, the dispute will be referred to a court in accordance with the applicable laws of the Russian Federation.
11.4. If a court declares any provision of this Public Offer invalid, the remaining provisions will remain in effect.
