Terms & Conditions
Individual entrepreneur Vorkutinsky Mark Stanislavovich, acting on the basis of the State Registration Certificate as an individual entrepreneur series 39 No. 001663521, issued by the Interdistrict Inspectorate of the Federal Tax Service No. 1 for the Kaliningrad Region, hereinafter referred to as the “Seller”, publishes a public offer on the sale of goods remotely - using the Amberstein online store located at www.amberstein.ru, subject to the conditions set forth below.
This document, in accordance with paragraph 2 of Art. 437 of the Civil Code of the Russian Federation, has the status of a written public offer addressed to capable individuals (hereinafter referred to as the “Offer”).
The Agreement is considered concluded from the moment of accepting the offer (acceptance of the Offer) by performing the actions provided for by the Offer, which means the full and unconditional acceptance by the Buyer (hereinafter - the "Buyer") of all the terms of the Agreement. The terms of the Agreement are set out below.
1. Definition of terms
1.1. Public offer (hereinafter referred to as the “Offer”) is the Seller’s public offer addressed to an indefinite number of persons to conclude a remote purchase and sale agreement with the Seller (hereinafter referred to as the “Agreement”) under the conditions contained in this Offer, including all Applications.
1.2. The Buyer is a competent individual who places orders and purchases Goods from the Seller through the Amberstein online store, for his personal, family, household and other needs not related to entrepreneurial activity.
1.3. Website - an Internet site located at https://www.amberstein.ru, the rights of use (administration) of which belong to the Seller, and on which the Amberstein online store is located.
1.4. Amberstein Online Store or Online Store is an Internet service located on the Site that allows Buyers to purchase Goods under the terms of this Offer.
1.5. Ordering Goods on the website of the online store - positions indicated by the Buyer from the assortment of goods offered for sale when filling out an application for the purchase of goods on the website of the online store.
2. General Provisions
2.1. The Buyer's order of the Goods posted on the website of the online store means that the Buyer agrees with all the terms of this Offer.
2.2. The administration of the website of the online store has the right to make changes to the Offer without notifying the Buyer.
2.3. The validity period of the Offer is not limited, unless otherwise indicated on the website of the Internet store.
2.4. The Seller provides the Buyer with complete and reliable information about the Goods, including information about the main consumer properties of the Goods and the place of manufacture.
2.5. The Seller is not liable for damage caused to the Buyer due to improper use of the Goods purchased from the Seller.
2.6. The Seller is not liable for losses of the Buyer resulting from incorrect filling of the Order, including incorrect indication of their data.
2.7. In case of Buyer's abuse of consumer rights, including, but not limited to, if the Buyer has refused to accept and / or pay for the ordered and delivered Goods, the Seller has the right to exercise his right to self-defense, namely: not to accept future Orders from him.
3. Price of goods
3.1. The price for each item of the Goods is indicated on the website of the online store.
3.2. The seller has the right to unilaterally change the price for any position of the Goods.
3.3. The Buyer has the right to confirm or cancel the Purchase Order for the Goods if the price is changed by the Seller after placing the Order.
3.4. Change by the Seller of the price of the goods paid by the Buyer is not allowed.
3.5. The seller indicates the cost of delivery of the goods on the website of the online store, or informs the buyer when placing an order.
3.6. The Buyer's obligations to pay for the Goods are deemed fulfilled from the moment the funds are received by the Seller.
4.1. The order of the goods is carried out by the buyer through the service of the website of the online store "Amberstein"
4.2. When registering on the website of the online store, the Buyer agrees to provide the following registration information:
4.2.1. surname, name, patronymic of the Buyer or the person (recipient) indicated by him;
4.2.2. the address to which the Goods should be delivered (if delivery is to the Buyer's address);
4.2.3. E-mail address;
4.2.4. contact number.
4.3. The name, quantity, assortment, article, price of the goods chosen by the Buyer are indicated in the Buyer's basket on the website of the Internet store.
4.4. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data by the Buyer into the registration form on the website of the Internet store. After placing the Order through the Operator, data about the Buyer is recorded in the Seller's database. Having approved the Order of the selected Goods, the Buyer provides the Operator with the necessary information in accordance with the procedure specified in clause 4.2. of the present Offer.
4.5. The seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the Order.
4.6. The buyer is responsible for the accuracy of the information provided when placing the Order.
4.7. The purchase and sale agreement remotely between the Seller and the Buyer is considered concluded from the moment the Seller receives a message about the Buyer's intention to purchase the Goods.
4.8. In the event that the Goods ordered by the Buyer are not in the Seller’s warehouse, the latter has the right to exclude the specified Goods from the order or cancel the order, notifying the Buyer about it, and if the Order has been paid, the Seller will return the amount paid by him to the Buyer within 10 days.
4.9. The buyer has the right to receive complete information about the consumer properties of the goods. After placing the Order and confirming it by the Seller, the Buyer does not have the right to refer to the failure to provide information about the product, its consumer properties, lack of information about the Seller, the timing of payment, delivery, etc.
5. Payment for goods
5.1. All settlements between the Buyer and the Seller are made in Russian rubles.
5.2. All prices for goods are indicated on the website of the Internet store in Russian rubles.
5.3. Methods of payment and delivery of the goods are described on the website of the online store in special sections with a description of the terms of payment and delivery.
5.4. The total cost of the Order is the sum of the total cost of all goods ordered and the cost of delivery of the order.
5.5. The cost and delivery conditions can be changed by the Seller at any time in accordance with similar changes in conditions by transport companies, courier services, Russian post, partners of the Seller.
5.6. In case of non-cash form of payment (by credit card or electronic payment system), the Buyer is obliged to pay for his order within 24 hours from the date of registration. The delay in the payment by the Buyer of the price of the Goods for a period of more than 2 (two) days is a material violation of this agreement. In this case, the Seller has the right to unilaterally refuse to execute this agreement by notifying the Buyer about it.
5.7. The Buyer agrees that the Product modified by the Seller by the will of the Buyer is transferred to the category of goods with individually defined properties and, in accordance with applicable laws of the Russian Federation, is not refundable.
5.8. When individuals pay by electronic means of payment, the time of payment for the goods shall be the date of receipt of information from the credit institution where the Seller’s current account is located in the form of a bank statement.
5.9. In accordance with paragraph 2 of Art. 1.2 of the Federal Law of 05.22.2003 No. 54-ФЗ and the provisions of Federal Law No. 126-ФЗ “On Communication”, the Buyer, upon registration and purchase of goods, agrees to transmit cash receipts to him by e-mail and the processing of personal data related to it the buyer.
6. Issuing or sending to the buyer a cash receipt
6.1. The cashier's check is issued on paper if the goods are paid in cash and if the Buyer did not inform the Seller about the desire to receive the cashier's check electronically at the time of the order.
6.2. In order to receive the check in electronic form, when paying for the goods in cash, the Buyer must declare his desire to receive the electronic check in advance, before the check is generated at the checkout, and if the Seller has the technical ability to do so.
6.3. In order to receive the check in electronic form, the Buyer is obliged to inform the Seller of the email address or phone number. In this regard, the Buyer gives his consent to the processing of personal data, in accordance with paragraph 2 of Art. 1.2 of the Federal Law of 05.22.2003 No. 54-FZ
6.4. In electronic form, in a technically accessible way for the Seller, a cashier's check is provided to the Buyer in case of ordering the Goods through the website of the online store and payment for the Goods by bank transfer.
6.5. Conditions for sending a cash receipt in electronic form:
6.5.1. Entering by the Buyer of data on the email address into the personal account on the Site during registration in the manner prescribed by the public offer;
6.5.2. A cash receipt in electronic form is provided to the Buyer in a technically accessible way for the Seller within 24 hours after receipt of the funds in the Seller’s bank account, a notification about which the Seller receives in the form of a bank statement.
6.5.3. In the event of unforeseen circumstances, such as a power outage, lack of an Internet connection, a technical malfunction of the cash desk, problems with the service of the fiscal data operator, etc. the period for providing the Buyer with a cash receipt in electronic form is increased to 7 days.
7. Delivery of goods
7.1. The expected date of transfer of the Order to the Delivery Service is communicated to the Buyer by e-mail.
7.2. The date of transfer of the Order to the Delivery Service depends on the availability of the ordered Goods in the Seller’s warehouse and the time required to process and transfer the Order.
7.3. The Buyer shall indicate the place of delivery of the Goods when placing the Order for the purchase of the Goods.
7.4. The delivery time of the Goods to the Buyer is determined depending on the delivery option chosen by the Buyer.
7.5. The delivered Goods are transferred to the Buyer at the place of residence or any other address indicated by him, and in the absence of the Buyer - to any person who has presented a receipt or other document confirming the conclusion of the contract or the execution of the delivery of the Goods.
7.6. The seller is responsible for the goods until they are transferred to the transport company, courier service, Russian post or other type of delivery selected by the Buyer.
8. Return of goods
8.1. In accordance with paragraph 4 of Art. 26.1 of the Federal Law "On Protection of Consumer Rights" and paragraph 21 of the Decree of the Government of the Russian Federation "On the Approval of the Rules for the Sale of Goods by Remote Method", the Buyer has the right to refuse the goods (including the proper quality) within 7 days. At the same time, the exchange and return of goods of good quality is possible only if the goods are not included in the list of goods of good quality, not subject to return approved by the Government of the Russian Federation No. 2463 of 31.12.2020. It is also a prerequisite for the return and exchange of the purchase presentation, packaging, packaging, as well as sales or cashier's check.
8.2. The Buyer does not have the right to refuse the goods of good quality, which have individually defined properties, if the specified goods can be used exclusively by the Buyer purchasing it.
8.3. The seller returns the cost of the goods to the Buyer, or makes an exchange of goods, only after receiving the goods from the Buyer, and confirming its presentation, packaging, packaging.
8.4. When returning goods of good quality, the Seller must return to the Buyer the cost of the goods paid by the Buyer in accordance with the contract, with the exception of the cost of shipping the goods to the address of the Buyer, and delivery of the returned goods from the Buyer (if any), no later than 10 days from the date of receipt of the returned goods from the Buyer and confirmation of their presentation, packaging, packaging, absence of mechanical damage.
8.5. If the Seller confirms the defects of the goods and claims by the Buyer to replace them, the Seller must replace such goods within 10 days from the date of receipt of the returned goods of inadequate quality, and if necessary, additional quality control of such goods by the Seller or an authorized organization (service center) within twenty days from the day you receive the returned product of inadequate quality.
8.6. If the Seller, at the time of the presentation of the claim, does not have the goods necessary for replacement, the replacement must be carried out within one month from the date of the presentation of such a demand.
8.7. In accordance with Art. 18 of the Federal Law "On Protection of Consumer Rights" No. 2300-I
If the Buyer finds defects in the product, if they have not been agreed upon by the Seller, he has the right to choose:
8.7.1. require replacement with a product of the same brand (of the same model and (or) article);
8.7.2. require replacement with the same product of another brand (model, article) with the corresponding recalculation of the purchase price;
8.7.3. demand a commensurate reduction in the purchase price;
8.7.4. demand gratuitous elimination of defects in the goods or reimbursement of expenses for their correction by the Buyer or a third party;
8.7.5. refuse to fulfill the purchase and sale agreement and demand the return of the amount paid for the goods.
8.8. In the event of a dispute about the causes of a defect during the warranty period, the store is required to conduct an examination at its own expense. If as a result of the examination it is established that its shortcomings arose as a result of circumstances for which the Seller is not responsible, the Buyer is obliged to reimburse the seller for the costs of the examination.
8.9. In accordance with the Decree of the Government of Russia dated December 31, 2020 No. 2463, jewelry cannot be returned.
9. Force Majeure (Force Majeure)
9.1. The Buyer and the Seller are exempted from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances arising after the conclusion of the Agreement as a result of extraordinary events that cannot be foreseen or prevented by reasonable measures. Extraordinary events in the context of this Agreement include: flood, fire, earthquake, military operations or any other circumstances beyond the control of the parties, provided that these circumstances directly affected the fulfillment of the terms of this Agreement.
10. Seller's details
Vorkutinsky Mark. SE
ITN 421700420461 / PSRNSE 315392600035782
238530, Kaliningrad region, Zelenogradsk, p. Klintsovka, st. Lesoparkovaya, 15
Kaliningrad branch N8626 of PJSC Sberbank of Kaliningrad
Current account 40802810720000005998
Carefully read the text of the public offer, and if you do not agree with any clause of the offer, you have the right to refuse to purchase the Goods provided by the Seller and not to take the actions specified in clause 2.1. of the present Offer.