Public offer
1. General provisions and key terms
1.1. Seller - Limited Liability Company “NSP” (OGRN: 1227700543344, TIN: 9703106060 address: 119019, Moscow, Nikitsky b-р, 12, room. 1/2, e-mail: support@phatemm.com).
1.2. Online store - “PHATÉMM” internet site at the internet address: https://phatemm.com. With its help the seller conducts trade, it presents the goods that the seller offers to buyers, terms of purchase, delivery, payment, return and exchange of goods. The website is available round the clock. Processing and fulfillment of orders is carried out around the clock. Orders are shipped daily during working hours from 9:00 to 20:00.
1.3. Buyer - any individual or legal entity that has placed an order for the purchase of goods from the seller in accordance with the procedure established in Section 3 of the Offer. Buyer-consumer - a natural person who purchases goods for personal, family, household and other needs that are not related to his business activities.
1.4. Offer - a public offer of the seller to any person to enter into a contract for the sale of goods on its terms (hereinafter - the contract). The offer is public (paragraph 2 of Article 437 of the Civil Code of the Russian Federation). The Offer comes into force from the moment of its placement on the website of the online store at: https://phatemm.com and shall remain in effect until revoked.
The Seller has the right to unilaterally modify or withdraw the offer. All changes come into force and are considered to be notified to the buyer at the time of posting on the specified Internet page. Orders that have already been placed at the time of modification or withdrawal of the offer shall be executed on the terms of the offer that was in effect at the time of their placement.
2. Subject of the contract
2.1. The seller undertakes to transfer into the ownership of the buyer, and the buyer undertakes to pay for and accept the goods ordered under the terms of the offer in the online store.
2.2. Product - any product that the seller offers for sale on the website of the online store using a catalog with the names of product items, which are provided with its description (including price, country of origin, useful properties, etc.) and photos. The current edition of the catalog is available on the website of the online store at: https://phatemm.com/en/collection. The items on the site are food and non-food items.
3. Procedure for concluding a contract, placing an order
3.1. Acceptance of the offer is recognized as the moment when the buyer has placed an order for goods from the seller. From this moment the contract is considered to be concluded.
3.2. The buyer can place an order independently on the website through the order form. The order can be placed for any product from the catalog on the website of the online store at the address: https://phatemm.com/en/collection, that is in stock at the vendor's warehouse.
3.3. To place an order, the buyer registers on the website of the online store independently. When registering, a buyer's personal account with a unique login and password is created.
3.4. When placing an order, the buyer informs the seller of his full name (name), contact phone number and e-mail address, delivery address of the goods, the desired date, time and methods of delivery. The buyer chooses these desired indicators taking into account the terms and conditions of the offer, as well as the terms and conditions of the delivery service.
3.5. The order is considered placed when the “Confirm order” button is pressed at the last stage of order placement - when placing an order on the website of the online store. From the moment the order is confirmed, the buyer receives a track of the goods from the delivery service by e-mail.
3.6. To confirm the order and the conclusion of the contract on the terms of the offer, the seller sends the date and number of the order by e-mail and (or) SMS-message to the e-mail address and phone number provided by the buyer. In the buyer's personal cabinet after the order confirmation the order number and its status are indicated.
3.7. By placing an order, the buyer confirms that:
- is a legally capable citizen or a representative of a legal entity authorized to order the goods;
- is familiarized with the current version of the offer and agrees with its terms and conditions;
- assumes the obligation to pay for and accept the ordered goods;
- provided reliable information when registering on the website of the online store and placing an order;
- transfers his personal data to the seller for processing for the purposes of conclusion and execution of the contract: full name, telephone number, e-mail address and delivery of goods (for the buyer-citizen) (paragraph 5, part 1, article 6 of the Law on Personal Data);
- consents to the processing of the transferred personal data in order to send him advertising messages about the product, to conduct surveys and prize drawings among buyers, to monitor customer satisfaction (for the buyer-citizen) (paragraph 1, part 1, article 6 of the Law on Personal Data). The buyer has the right to withdraw consent by notifying the seller in writing at his e-mail address;
- gives prior consent to receive advertising and information messages in the form of e-mail and SMS messages to the e-mail address and phone number provided during registration in the online store (part 1 of article 18 of the Law on Advertising). The Buyer has the right to withdraw consent by notifying the Seller in writing at the Seller's e-mail address.
4. Cost of the order and its payment
4.1. The cost of the order consists of the price of the goods and the cost of delivery, which are determined unilaterally by the seller. If the seller has changed the price of goods or delivery after the order has been placed, the order is paid at the price at the time of its placement.
4.2. The price of the product is determined by the catalog on the online store's website at: https://phatemm.com/en/collection.
4.3. Shipping costs are not included in the price of the product and are charged separately. Rates for delivery, taking into account its method, time intervals and territory, are calculated according to the delivery service tariff.
4.4. The buyer shall pay for the order by bank transfer.
4.5. The buyer shall pay for the order at the moment of its confirmation. The buyer's obligation to pay for the order is considered to be fulfilled at the moment of receipt of the full amount on the seller's settlement account.
5. Delivery of goods
5.1. During the working hours the seller transfers the paid order to the delivery service for the subsequent shipment of goods to the buyer's address or to the point of self-delivery specified by the buyer when placing the order. The buyer chooses the method of delivery (and the point of self-departure in case of self-departure) when placing the order.
5.2. When receiving the goods, the buyer must inform the courier or manager of the self-delivery point of the order number and present an identity document. If the buyer is a legal entity, its representative shall present a power of attorney for receipt of goods and an identity document.
5.3. When handing over the goods, the buyer checks their appearance and completeness, signs the order form, which confirms that he has received the goods and has no complaints about their appearance, quantity and completeness.
5.4. Title to the goods passes to the buyer at the time of receipt of the order.
5.5. If the buyer does not come to the pickup point within the time agreed upon when placing the order or does not perform other actions necessary for the acceptance of the goods, the seller will redeliver the goods, having agreed the details of delivery with the buyer by phone and having received from the buyer a 100% pre-payment for the redelivery. The buyer will be charged for redelivery at the rate of the selected delivery service.
5.6. In case of buyer's evasion of receipt of the paid goods upon re-shipment, the seller shall return to the buyer the price of the order less the costs incurred for its shipment.
6. Order modification and cancellation
6.1. If after placing an order the seller discovers that the ordered goods or the required quantity is out of stock, the seller shall immediately notify the buyer by phone. The buyer has the right to replace the missing product with a similar one or to refuse the order in full or only in part of the missing product.
6.2. The Buyer has the right to cancel the order in whole or in part by e-mail at any time prior to its transfer to the delivery service.
6.3. If the buyer has declared a complete withdrawal from the order at the moment when the order has already been submitted for delivery, the seller shall return the price of the order to the buyer less the costs incurred for its shipment no later than ten days from the date of the buyer's request.
6.4. If the buyer refuses in accordance with clauses 6.1, 6.2 of the offer order from the paid order. 6.1, 6.2 of the offer order from the paid order, the seller returns the amount paid for the order to the same bank details from which it was received by the seller, or to other details that the buyer informs the seller in writing. The refund shall be made within 7 (seven) working days from the date of order rejection.
6.5. Upon agreement with the seller, the buyer has the right to change the order before it is handed over to the delivery service. The seller adjusts its cost and informs the buyer of the amount to be paid, or returns the overpayment to the buyer's account in the manner provided for by clause 6.3 of the offer. 6.3 of the offer.
7. Return and exchange of goods
7.1. If the buyer discovers defects in the goods, he has the right to make claims to the seller as provided for by the Civil Code of the Russian Federation and other legal acts. This includes the right to withdraw from the contract, return the defective goods to the seller and demand a refund. Buyer-consumer also has the right to make claims under the Law of the Russian Federation “On Protection of Consumer Rights” from 07.02.1992 N 2300-1, the Rules of sale of goods under the contract of retail sale, approved by Resolution of the Government of the Russian Federation from 31.12.2020 N 2463, and other legal acts in the field of consumer protection. The procedure for making claims is determined by these legal acts.
7.2. Claims for the quality of goods shall be sent in writing to the seller's e-mail address. The claim must specify the full name of the buyer, the number and date of the order, the date of payment and the date of delivery of the goods, as well as describe the identified defects, the date and circumstances of their discovery. Photos and (or) video can be attached to the claim.
7.3. The buyer-consumer has the right to refuse non-food goods of proper quality within 7 (seven) days from the date of its transfer, if its trade dress, consumer properties and the document that confirms the fact and conditions of purchase are preserved. If the document is not preserved, it is possible to present other proof of purchase. The Buyer shall prepare an application for the return of goods, indicating his/her full name, order number and date, date of payment and date of transfer of goods.
7.4. Non-food goods of proper quality, which are included in the List of non-food goods of proper quality, not subject to exchange, approved by the Government of the Russian Federation of 31.12.2020 N 2463 are not subject to return and exchange.
7.5. Paid food products of proper quality are not subject to return and exchange.
7.6. The goods (both of proper quality and with defects in case of its return under the terms of the offer) the buyer can return, transferring it at his choice to one of the following delivery services:
- SDEC (https://www.cdek.ru/)
- Yandex Delivery (https://dostavka.yandex.ru/)
7.7. In case of returning the goods (both of proper quality and with defects), the seller shall return the cost of the goods to the buyer no later than 10 (ten) days from the moment when the buyer requests the return of the money, to the bank details from which the money was received by the seller or which the buyer informs in writing. If the returned goods are of good quality, the cost of return courier delivery of the returned goods to the seller shall be deducted from the amount to be refunded.
8. Other provisions
8.1. Anything not settled by the offer shall be determined in accordance with the laws of the Russian Federation.
8.2. Seller's requisites: Limited Liability Company “POSH” (OGRN: OGRN: 1227700543344, TIN: 9703106060, KPP: 770301001, р/с 40702810525190001160 in PJSC Branch “Central” of VTB Bank, k/s 30101810145250000411, BIK 044525411).