Last Updated : December 16, 2021
Terms
Customer is a fully capable natural person who places Orders on https://lakshinsky.art, or is specified as a recipient of Goods, or uses Goods purchased on https://lakshinsky.art exclusively for personal, family, household and other needs not related to entrepreneurial activities.
The Payer is a fully capable individual who makes payment for the Order.
The Recipient is a fully capable natural person who receives the Goods on his own, or a natural person who receives the Goods through his legal representative.
Seller Lakshinskiy Ivan
Online gallery Internet gallery, owned by the Seller, located in Russia and having the address on the Internet https://lakshinsky.art. It shows the goods offered by the Seller to its Customers for placing Orders, as well as the conditions of payment and delivery of these Orders to the Customers.
Website https://lakshinsky.art
Goods artworks, digital and physical works of art, paintings, sketches, souvenirs made personally by Ivan Lakshinskiy in digital and non-digital forms presented for sale on the Site.
The order duly issued by the Customer to deliver to the specified address the list of Goods selected on the Site or specified in the request sent to the Seller in written form by e-mail, phone, fax or by regular mail.
Delivery service is an express mail service operator or other third party that provides services under contract with the Seller for delivery of Orders to Customers.
External site a site in the global Internet, the link to which is placed on the site https://lakshinsky.art.
General provisionsThe site is owned and administered by Ivan Lakshinskiy.
By ordering goods through the online store, the Customer agrees to the terms and conditions of this agreement (hereinafter the Agreement) set forth below.
This Agreement, also the information about Goods, presented on the Site, is a public offer in accordance with article 435 and part 2 of article 437 of the Civil Code of the Russian Federation.
Provisions of the Russian Federation Civil Code regarding retail sales (chapter 30, article 2), as well as the Russian Federation Law "On Consumer Rights Protection" from February 7th, 1992 № 23001 and other legal acts, adopted in accordance with them, are applied to relations between the Customer and the Seller.
The Seller reserves the right to make changes to this Agreement, whereby the Customer undertakes to regularly follow the changes in the Agreement posted on the Website.
The Customer agrees to the Agreement by pressing the "Checkout" button at the last stage of placing the Order on the Website. Payment for the goods and services presented in the Online Gallery also means the Client's agreement with the Agreement, even if the order has not been placed by him/her correctly.
Registration on the Site to place an orderThere is no need to register on the site to place an order.
Seller is not responsible for the accuracy and correctness of the information provided by Customer when placing an order for art objects.
The registration and terms of execution of the Order
The Customer's order can be fulfilled in the following ways: accepted by e-mail or fulfilled by the Customer on the Site. Other ways of transferring information are allowed and are considered individually only if the Customer has no access to the Internet.
When executing the Order, the Customer must specify the following information:
Surname, first name and patronymic of the Order ReceiverInformation about the Payer Last name, first name and middle name of a natural personAddress of Order deliveryA contact phone numberE-mail address.After the registration of the order the Customer has an opportunity of remote payment with the help of service of the payment aggregator.
If there is no sufficient quantity of the ordered goods in the Seller's warehouse, the Seller informs the Customer about that by sending an e-mail message. The message is sent to the e-mail address indicated when placing the order. The Customer has a right to agree to accept the quantity of Goods available with the Seller or to annul the given item of Goods from the Order. In case the Customer does not reply within 7 working days, the Seller reserves the right to annul the item in question from the Order.
The Vendor has a right to cancel Customer's Orders, if no data for communication with the Customer via e-mail are indicated and/or no payment for the Order is received within 15 working days.
The Seller has a right to refuse to conclude a contract and execute an Order, if the Customer has not indicated the Recipient's and Payer's data.
The expected term of Goods delivery to the Seller's warehouse is up to 5 working days, or it is written on the website in Goods description.
The final terms of receiving the Order by the Customer depend on the address and region of delivery, work of particular delivery service, and do not directly depend on the Seller.
All information materials, presented on the Website, are of reference character and cannot fully convey true information about the properties and characteristics of Goods, including colors, sizes and shapes. If the Customer has any questions concerning the properties and characteristics of the Goods, the Customer should contact the Seller before placing the Order.
In case the ordered Commodities are out of stock, including for reasons beyond the Seller's control, the Seller has a right to cancel the Commodities from the Customer's Order and notify the Customer about it by sending an e-mail to the address indicated during registration.
In case of cancellation of fully or partially prepaid Order, the cost of the cancelled Goods is returned by the Seller to the Customer in the way the Goods were originally prepaid, or, in agreement with the Customer, the missing Goods can be replaced by an equivalent one.
ShippingShipping methods are listed on the Site.
The territory of goods delivery is not limited by the territory of the Russian Federation. The delivery is worldwide.
The Seller will make all efforts to comply with the delivery terms specified on the Site, delays in delivery are possible due to unforeseen circumstances beyond the fault of the Seller.
Risk of accidental loss or accidental damage of Goods is transferred to Customer from the moment when Order is transferred to Customer and Order recipient signs Order delivery documents. In case of non-delivery of the Order, the Seller compensates the Customer the cost of the Order prepaid by the Customer and the delivery after receiving the confirmation of the loss of the Order from the delivery service.
The cost of delivery of each Order is calculated individually, based on its weight, region and method of delivery, and sometimes the form of payment, and is indicated at the last stage of ordering on the Site.
Upon delivery, the Order is delivered to the Client or to the person, specified as the Recipient of the Order.
To avoid the cases of fraud, as well as to meet commitments in Clause 4.6, the person delivering the Order has a right to request the Recipient's identity document, as well as to request the type and number of document, provided by the Recipient, on the Order receipt, when delivering the prepaid Order. The Seller guarantees confidentiality and protection of personal information of the Payee (clause 9.3.1).
When handing over the Order, the Customer has to check the appearance and packaging of the Order, the quantity of Goods in the Order, completeness, assortment.
The time given by the Seller to receive the Order by the Customer is limited and is determined by the rules of the Delivery Service.
Failure to receive the order within the terms specified in clause 4.9 of the Agreement is considered to be the Customer's refusal of the purchase and sale agreement and is the basis for cancellation of the order by the Seller. If the Order was not received in advance, the funds are returned to the Customer in accordance with the procedure stipulated in Clause 3.9 of the Agreement. 3.9 of the Agreement, after deduction of the Seller's expenses for forwarding the Goods to the Recipient.
Commodity PaymentPrice of Goods is indicated on the Site. In case the price of Goods ordered by the Customer is incorrect, the Seller informs the Customer about it as soon as possible in order to confirm the Order with corrected price or to cancel the Order. If it is impossible to contact the Customer, the Order is considered to be cancelled. If the Order has been paid for, the Seller returns to the Customer the amount paid for the Order in the order stipulated in clause 3.9 of the Agreement. 3.9 of the Agreement.
Price of Goods can be changed by the Seller unilaterally. The price of Goods is indicated at the last stage of the Order placement and is valid at the moment of pressing the "Checkout" button. At the same time the price of Goods ordered by the Customer is not subject to change.
The methods of payment for the Goods are specified on the Site in the section "Shipping and Payment Information".
The order is accepted in handling only after the full amount of the Order including delivery has been paid, and the Customer's money have been credited to the Seller's account. In this case the Goods for the Order are not
is reserved, and the Seller is not able to guarantee the availability of the Commodities in the Seller's warehouse, indicated at the moment of placing the Order, as a consequence, the time of the Order processing may be prolonged.
The Seller has the right to provide the Customer with discounts on the Goods and establish a bonus program. Types of discounts, bonuses, procedure and conditions are indicated on the Site and can be changed by the Seller unilaterally.
The Seller has the right to set discounts in order to promote a particular method of payment or delivery of Goods. At the same time, the Seller may limit the terms of discounts, in particular, the maximum possible discount on goods
Return of GoodsReturn of goods of proper quality.
The Customer has the right to refuse the ordered Goods at any time before receiving them, and after receiving the Goods within 7 days excluding the day of purchase. A return of Goods of proper quality is possible, if they still have their original design and consumer characteristics, as well as the document confirming the fact and the conditions of purchase of such Goods.
The Customer has no right to refuse the Goods of proper quality that have individually definite properties, if the said Goods can be used exclusively by the Customer who purchases them.
In case of Customer's refusal from Goods according to Clause 6.1.1 of the Agreement, Seller returns the value of returned Goods, minus expenses of Seller for delivery of Goods, not later than in 10 days from the date of receipt of written application of Customer by Seller.
Within 14 days from the moment of receiving the Order, excluding the day of purchase, the Customer has a right to exchange goods of proper quality for similar goods, if such goods are not suitable for the Customer in terms of shape, size, style, color, package or accessories. Customer has no right to exchange Goods of proper quality specified in the list of non-food products of proper quality that cannot be returned or exchanged as approved by the Russian Federation Government Decree № 55 of 19.01.1998.
If at the moment of Client's request, similar goods are not available from the Seller, the Client has the right to refuse to fulfill the contract of sale and demand a refund of money paid for the specified goods. The Seller is obliged to return the sum of money paid for returned goods within 3 days from the day of returning the goods.
Return of goods of improper qualityA customer may return the Product of improper quality to the manufacturer or a Seller and require a refund of the paid sum of money during warranty period. The Customer may also demand replacement of the Goods of improper quality or elimination of defects.
In case the Customer withdraws from the agreement and demands refund of the paid sum of money according to the point 6.2.1 of the Agreement, the cost of Goods has to be returned to the Customer within 10 days from the moment of receiving of written request of the Customer by the Seller.
Money refundMoney has to be returned in the way that was used by Customer to pay for Goods. The exception is payment by means of payment terminals - in these cases the refund is being made by bank or postal order as per details given by the Customer in the application. Also, upon written request of a Customer, the sum of money paid for the Order can be taken into account when paying for his future orders.
Procedure of actions in case of breach of the assortment condition by the seller (assortment change).
If the Goods are transferred in violation of the assortment condition, the rules of Art. 468 of the Civil Code of the Russian Federation do not apply.
In case of detection of Goods in the Order that do not correspond to the ordered assortment (assortment change), the Customer has the right to reject the Goods and demand replacement with the Goods in the assortment stipulated by the Order, or refund of money for the Goods that have not actually been transferred.
Goods transferred to the Customer in violation of the assortment condition are subject to return to the Seller. If the Customer accepts the given Commodities, the Seller has the right to demand the Customer to pay for the given Commodities at the price set by the Seller for the given Commodities on the Website at the moment of the transfer of the Commodities. If the Product is not in the Seller's range available on the Website at the time of transferring the Product, the Product is paid for at the price agreed with the Seller.
The substitution of goods that do not conform to the assortment of the Order, is made by placing a new order by agreement of the parties - the Seller and the Customer.
In case it is impossible to carry out the replacement of goods, the Seller informs the Customer about it by sending a message to the e-mail address indicated by the Customer when registering, and the money actually paid for the goods that have not been replaced are returned in the manner prescribed in clause 6.4.6.
The funds paid by the Customer for the actually non-transferred Goods are subject to return within 10 days from the receipt of the Customer's written application for the return of funds. The amount paid for the goods shall be refunded in the manner in which the payment was made.
Procedure of actions in case of violation of quantity terms by the Seller.
When passing the Order, the Customer has to check the quantity of Goods in the Order. If upon the transfer of the Order the Customer detects differences in the quantity of goods in the Order, the Customer has to draw up a Statement of quantity differences in the presence of a representative of the Seller or a carrier.
If the Seller has given the Customer a smaller quantity of Goods than that specified in the Order (shortage), the Customer, when passing the Order, has the right to accept the Goods in the part corresponding to the Order and demand delivery of the missing quantity or, if the missing Goods were paid for, to refuse the Order in the part of the missing Goods and demand a refund for the missing Goods.
The transfer of the missing Commodities is carried out by executing a new Order as agreed by the parties - the Seller or the Customer, provided that the Customer provides the Certificate of Discrepancy (Certificate of Non-Addition) drawn up in accordance with clause 6.5.1.
If the lacking Goods were paid by the Customer in advance, their cost can be taken into account in subsequent orders by agreement of the parties, or is subject to return within 10 days from the receipt of the Customer's written application for the return of funds. The amount paid for the goods shall be refunded in the way in which the payment was made.
In case it is impossible to deliver the missing Goods, the Seller informs the Customer about it by sending a message to the e-mail address indicated by the Customer during registration and the funds actually paid for the missing goods are returned according to the procedure stipulated in clause 6.5.6.
Cash funds paid by the Customer for the missing Goods can, by agreement between the parties, be accounted in subsequent orders, or are to be returned within 10 days from the receipt of the written application of the Customer for a cash refund, as well as the Statement of
6.5.1 The refund of the amount paid for the goods is performed in the way the payment was made.
If the Customer violates Clause 6.5.1 regarding the drawing up of the Report, the Seller has the right to refuse to satisfy the Customer's claims regarding the quantity of the transferred Goods.
Intellectual PropertyAll text information and graphics on the Site are the property of Seller Ivan Lakshinsky.
Warranties and ResponsibilitiesThe Seller is not liable for damages caused to the Customer in consequence of improper use of the Goods ordered on the Site.
The Seller is not responsible for the content and functioning of the External Websites.
Seller may assign or otherwise transfer its rights and obligations arising from its relationship with the Customer to third parties.
Confidentiality and protection of personal information
Providing information by Customer:When placing an order on the Site, Customer provides the following information: Last Name, First Name, email address, password to access the Site.
By providing his personal information when registering on the site, the Customer agrees to its processing by the Seller, including for the purpose of promoting the Seller's products and services.
If the Customer does not want his personal data to be processed, he must contact the Seller's Customer Service through the Feedback form on the Website. In such case, all the information received from the Customer (including login and password) is deleted from the Seller's customer database, and the Customer will not be able to place orders on the Website.
Use of information provided by the Customer and received by the Seller.
9.3.1 The Seller uses the information: to register the Customer on the Website; to fulfill its obligations to the Customer; to evaluate and analyze the Website performance; to determine the winner in the promotions held by the Seller.
9.3.2 The Seller is entitled to send advertising and information messages to the Client. If the Customer does not want to receive mailings from the Seller, he/she shall specify it in the letter sent to the Seller by email.
Disclosure of information received by the Seller.
The Seller undertakes not to disclose any information received from the Customer. It is not a breach of Seller's obligation to provide information to agents and third parties acting on the basis of a contract with the Seller, in order to perform obligations to the Customer.
It shall not be deemed a breach of obligations to disclose information in accordance with reasonable and applicable legal requirements.
Seller is entitled to use "cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties.
The seller receives information about the id-address of the visitor of the Site https:/sealedtales.art. This information is not used to identify the visitor.
Seller is not responsible for the information provided by Customer on the Site in a publicly available form.
Other terms and conditionsTo relations between the Customer and the Seller the law of the Russian Federation is applied.
In case of occurrence of questions and claims by the Client, he should address to the Service on work with clients of the Seller by phone or through the Feedback form on the Site. All arising disputes the parties will try to solve by negotiations, in case of failure to reach an agreement the dispute will be referred to a judicial authority in accordance with the current legislation of the Russian Federation.
Recognition by the court of invalidity of any provision of this Agreement and the rules does not entail the invalidity of the remaining provisions.
