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Account Agreement

Please read the following terms and conditions carefully before using this site. By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. PegasBaby  may modify these Terms and Conditions at anytime. All questions should be directed to [email protected]

 

1. Terms and Conditions

 

1.1The Buyer – the private person, disposing the orders on the web-site www.pegasbaby.com  only forprivate, common, family and other necessities, which are not connected with the business operations.

1.2 The Seller of the goods is individual entrepreneur SolovjevS.A.

BasicStateRegistration Number – 313121513300020

Personal Tax Reference Number – 1653016914

Tax Registration Reason Code – 165801001

Correspondent account – 30101810100331000000815

Bank Identifier Code - 0492022235815

1.3 Mail and messenger service – the companies making the services of delivering orders to the buyers.

1.4 The online shop (e-shop) is the internet-site with the address www.pegasbaby.com , where the buyer can get acquainted with the exposed goods, their descriptions and prices, choose the definite item, make the order and choose the way of paying and the delivery.

1.5 The web-site is the complex of the web-pages, disposed in the Internet and is on the Internet address  www.pegasbaby.com

1.6 The good is the object of the physical universe, not taken and not limited in the civil turnover and is displayed  for the sale in the e-shop by placing in the proper part.

1.7 The order is the inquiry of the buyer for purchasing the goods, chosen in the e-shop, made by the form, which is exposed in the e-shop and sent via the Internet.

Making the order the buyer proves:

  • ·       he/she has got acquainted with the requirements
  • ·       the requirements are clear to the buyer
  • ·       he/she agrees totally with the given requirements and takes them.

 

2 General Provisions

The present requirements of goods selling in the e-shop on the web-site www.pegasbaby.com regulate relationships between the Seller and the Buyer and determine the order of the retail sale in the e-shop. The present requirements also regulate:

  • The choice of the goods in the e-shop by the Buyer
  • Making an order in the e-shop by the Buyer
  • Paying for the order by the Buyer, made in the e-shop.
  • Doing the order and deliver the order to the buyer’s privacy and its return on the basement os these requirements.

2.2 The present requirements and also the information about the goods, exposed on the web-site is a public offer in accordance with the article 435 sub-clause 2 and with the article 437 of the Civil Code of theRussian federation.

2.3 The Seller has a right to change the present requirements in unilateral order by publishing them on the web-site.

2.4 The Buyer is obliged to control the changes in the Requirements, exposed on the web-site.

2.5 The working editorial staff is situated on the Internet address www.pegasbaby.com

2.6 The Seller and the Buyer ensure each other that they have the necessary legal capability and all the rights and correspond to all the requirements which are demanded for making and acting out the agreement of the retail sale.

2.7 The buyer agree with the present requirements by signing the invoice at the moment of the factual transmission of the goods.

2.8 The Seller pass and the Buyer pay and receive the goods according to the made order.

2.9 The order is considered as made at the moment of the factual transmission of the goods, which are parts of the order, to the Buyer on the basement of the invoice for the definite goods given by the Seller or the mail and messenger service to the Buyer for signing. After making the order the requirements of the Seller before the Buyer are considered as made.

2.10 Incase of signing the invoice by the Buyer without opening it the Buyer can not assert a claim to the order, accept the claims connecting with the defects of the buying good, which could not be discovered during the usual view of the good.

2.11 The property right for the good and risks connected with it goes from the Seller to the Buyer at the moment of the factual transmission of the good. The confirmation of the good transmission of the property right for the good is the signature of the Buyer in the invoice given by the Seller or the mail and messenger service.

3. Making an order and time terms for the order

3.1 The Buyer’s order can be made by the buyer himself on the web-site www.pegasbaby.com

3.2 Self-ordering is realized on the Site in the “basket” section.

3.3 The buyer should fill in the sending form for making an order

3.4 While filling in the sending form on the web-site the Buyer should give the following information:

  • Receiver’s full name
  • Contact phone number and email address
  • Delivery address
  • Delivery way

3.5 The Seller is not responsible for the accuracy and the correctness of the information giving by the Buyer while filling in the form for sending the order. In case of the non-fulfillment of the liabilities by the Seller because of the incorrect information about himself/herself, the Seller is not responsible for such non-fulfillment of the order. The recurrent actions in making the order are done only by the agreement of the both sides and all the additional expenses are paid by the Buyer.

3.6 The Seller guaranties the confidentiality and the defense of the received information.

3.7 After receiving the order the Seller can coordinate the data with the Buyer by the email address [email protected] or by the phone number +1 310 961 4803.

3.8 After making an order The Buyer is given the information about the date of the order transmission to the mail and messenger service. This date is the term in which the Seller is obliged to transmit the order to the chosen by the buyer mail and messenger service. The given date depends on the availability of the goods at the store and on the time necessary for the data handing.

3.9 Incase of the absence of the ordered good, which is not dependent on the Seller, the seller let know about it by the phone or sending the email to the email address given during making the order. The buyer has a right to agree to take a good in the quantity that the Seller has or cancel the position from the order. If there is no answer from the Buyer during 5 (five) consecutive days from the notification moment by the phone or email the Seller has a right to cancel the full order by sending the email to the email address given during making the order.

 

 

3.10 If the full order or partially paid order was cancelled the cost of the good is returned to the Buyer to the settlement account from which the payment had been done. 

3.11 All the mentioned time terms of the delivery, cost and availability on the store and the other information concerning the goof have informational character and don’t lead to any law consequences both for the Seller and for the Buyer. The given information concerning the delivery time terms of the goods and their availability is approximate. If the Buyer has questions about the qualities and characteristics of the goods he/she should consult the Seller before making the order.

3.12 The Seller begins to complete the order exactly after receiving the order. The change of the made order can be done by the Buyer only after the agreement with the Seller. The Seller has the right to make an order in the way it was done in the beginning. In this case the Buyer has all the risks connected with the fulfillment delay of the order because of the good change or its quantity.

3.13 If the Buyer has changed the necessary data necessary for the fulfillment of the duties by the Seller after making the order or the Buyer has found the mistake in the given address or other data he/she should immediately inform the Seller by the phone +1 310 961 4803 or by sending the email to the email address [email protected]

3.14 If the Buyer has questions about the qualities and characteristics of the goods before making an order  he/she should consult the Seller by the phone +1 310 961 4803 or by sending the email to the email address [email protected]

4 The Delivery of the Goods

4.1 The delivery of the goods is made on the territory of theUSAto the settlements, the list of which is on the web-site.

4.2 The Seller will do everything for the observance of the delivery time terms, mentioned on the web-site, however the delivery delays are possible because of the contingencies happening not because of the Seller.

4.3 The risk of the spoiling or damaging the good transmits from the Seller to the Buyer at the moment of passing the order and signing the documents confirming the receiving of the good by the Buyer.

4.4 During the delivery the order is given to the Buyer or to the person mentioned as a receiver of the good.

4.5 Inorder to avoid swindle and also to fulfill the taken obligations the person making the delivery has the right to ask a document attesting the personality and the discount card if the discount was taken during the passing of the paid order.

4.6 During the passing of the order the Buyer should examine the integrity of the individual package and the available damage on it in the presence of the mail and messenger service representative. Having convinced in the safety of the package and in the absence of the damage the Buyer should open the individual package and check the good in it. Having convinced in the ordered good and in the signs of the mechanical and other injury the Buyer should check the marking of the good and the size with the marking and the size written in the accompanying document and the quantity and colour of the goods.  The Buyer having convinced that he has been delivered the exact good he/she had ordered should sign the accompanying document (invoice). The fact of the signing the document testifies that the Buyer has taken the good and there are no complaints to the outside appearance, the configuration and the cost. The Buyer’s sign excludes the following complaints to the Seller except the complaints connected with the defects on the ordered goods, which could not been discovered during the usual examination.

4.7 The property right of the good  and the connected risks goes form the Seller to the Buyer at the moment of the good passing only after the payment has been done. The confirmation of the property right transmission of the good is the Buyer’s signature in the invoice given by the Seller or the mail and messenger service.

5 The Payment of the Goods

5.1 The price of the good is written near the definite item of good in the e-shop.

5.2 The Buyer’s choice of the delivery means the agreement with the delivery conditions of the mail and messenger service. The delivery cost is determined be the mail and messenger service and is mentioned on the web-site separately from the good price.

5.3 The price of the goods on the web-site is in USD.

5.4 The price can be changed by the Seller in the unilateral order. In this case if the ordered good was confirmed by the Seller the price will not be changed.

5.5 If it is impossible to connect with the Buyer during 3 (three) days consecutive days the order is considered as canceled. In case if the order was paid the Seller returns the cost of the good to the Buyer by his/her demand  using the way it was paid.

5.6 The payment should be done by the bank card.

5.7 The Seller has the right to give discounts to the Buyer and make the bonus program. Kinds of the discounts and the bonuses and the conditions of their charging are mentioned on the web-site and can be changed by the Seller in the unilateral order.

6. Responsibility of the sides.

6.1 The Seller is not responsible for the damage made to the Buyer because of the inappropriate use of the goods, ordered on the web-site.

6.2 The Seller is not responsible for the Buyer’s material losses appeared in the result of:

  • Incorrect order
  • Illegal activity of the third parties

6.3 If there are circumstances of the insuperable power, which one of the side according to the agreement could neither foresee nor avoid by rational measures, the time term of the agreement completion is altered according to the time period while these circumstances are taking place. Such circumstances of the unforeseen character are: flood, fire, earthquake, explosion, storm, land subsidence, and other nature phenomenon, epidemic, and also war or war actions, acts of terrorism, tense differences of electricity and other circumstances which led to brake of the technical devices of one of the sides.

The side which is in the situation when it is impossible to complete the duties because of the circumstances of the insuperable power is obliged to inform the other side in written form about the probable time term of the circumstances and time term for breaking off them during 5 (five) working days.

In case of the argument about the time of the beginning, time terms of the actions and breaking off the circumstances of the insuperable power the conclusion of the competent organization will be the sufficient confirmation to the beginning, time terms of the action and the breaking off of the mentioned circumstances. 

Non-notification or untimely notification of the side about the beginning of the insuperable power circumstances deprives the side of the right to refer to them as the basement excusing from the responsibility for incompletion according to the agreement.

 If the circumstances if the insuperable power or their consequences continue more than 30 (thirty) consecutive days in a row then the agreement can be rescinded by one of the sides by sending the written notification.

6.4 Inother cases incompletion or inappropriate completion of the obligations which are not foreseen in the sub-clause 7.3 of the present Conditions, the vexed question is made to the good of the Buyer.

6.5 The Seller has a right to give or to relay in any way the rights and duties from the relationships with the Buyer to the third parties.

7. Dispute Resolution

7.1 If there are questions and complaints from the Buyer’s side he/she should consult the Seller by the phone +1 310 961 4803 or by sending the email to the email address [email protected]

7.2 The sides will take all the measures in order to solve the arguments and disputes, which can appear during the completion of the obligations by negotiations. The pre-judicial claim order for the dispute resolution is obligatory. The answer term for a claim is 10 (ten) working days from the moment of its receiving.

7.3 Incase if the sides haven not come to the agreement all the disputes should be examined.

7.4 Judicial disputes should be examined in the Seller’s location.

8 Final Provisions

8.1 The legislation of the Seller’s location is taken to the relationships between the Seller and the Buyer.

8.2 The present conditions, settled on the using by the Seller web-site on the email address www.pegasbaby.com  are the public offer. The absence of the signed paper agreement between the sides in the case of the payment according to it is not a basement for consideration this document as unconcluded. The payment according to the made order is considered as an the Buyer’s acceptance of the present offer and it is equal to making an agreement of the purchase and sale on the conditions given in the offer and also testifies the Buyer’s agreement with the conditions of the present offer. The payment day is the date of the making the purchase and sale agreement between the Seller and the Buyer.

8.3 The Seller is obliged to avoid the tries of the unapproved access to the information and/or the transmission it to the people who have no attitude to the completion of the orders; and discover and break off such actions in time.

8.4 The declaration of any article or sub-clause of the present conditions invalid do not lead to declare the other articles and sub-clauses invalid, either.

triboo digitale s.r.l., registered office in Viale Sarca 336, Building 16 – Milan, Italy. Fully paid-up share capital Euro 42,678.00, VAT and Milan Register of Companies no. 02912880966

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