USER AGREEMENT
Ms. Yevgenia Uvarova with affiliate number 031162132801, NIF/NIE – N.I.E. Z0260259L, date – 27/12/2023,
acting on the basis of the Certificate, hereinafter referred to as the “Seller”, offers Goods placed in the Online Store to any capable individual, hereinafter referred to as the “Buyer”, in case of the latter’s acceptance of the terms of this user agreement (hereinafter referred to as the “Agreement”) and its appendices (unconditional acceptance).
This Agreement does not require bilateral signing and is valid in electronic form.
1.TERMS USED IN THIS AGREEMENT
1. Online store – a website located on the Internet at the address: Funhousewallpapers.com, through which the Seller conducts distance selling of Goods. The Seller – Ms. Yevgenia Uvarova with affiliate number 031162132801, NIF/NIE – N.I.E. Z0260259L, date – 27/12/2023.
2. Manufacturer – a person who produces the Goods and/or provides a warranty for the Goods on the terms specified in the warranty certificate.
3. Buyer – a citizen, any fully capable individual who has accepted this public offer (agreement) on the terms provided below, purchasing goods exclusively for personal, family, household, and other non-commercial purposes not related to entrepreneurial activities.
4. Goods – a material object placed in the online store and available for purchase by the Buyer, not withdrawn from civil circulation.
5. Defective Goods – goods that have defects (including significant ones) or do not correspond to the existing description or sample.
6. Custom Order Item (Made to Order Item) – is a product containing individual characteristics and manufactured according to the individual order of the Buyer.
7. The product defect is the inconsistency of the product with mandatory requirements provided by law or the terms of the contract, or the purposes for which the product of this kind is typically used, or the purposes that the seller was informed of by the consumer when concluding the contract, or the sample and (or) description when selling the product by sample and (or) by description.
8. Serious deficiency of the goods – an uncorrectable deficiency or deficiency that cannot be corrected without disproportionate costs or time, or is detected repeatedly, or reappears after its correction, or other similar deficiencies.
9. Order – a formal request from the Buyer to purchase and deliver the Goods selected by the Buyer in the Online Store, to the email address provided by the Buyer, or placed over the phone with the Seller’s manager.
10. Personal data (PD) – any information relating directly or indirectly to the User, including that provided by them when placing an order.
11. Processing of personal data – actions (operations) carried out manually or automatically with personal data, including collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transfer), depersonalization, blocking, and destruction of personal data, in accordance with the privacy policy and legislation.
12. The equivalent of a handwritten signature is placing an order on the Funhousewallpapers.com website and placing an order over the phone with the Seller’s manager.
2. SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS
2.1. The Seller undertakes to deliver the Goods to the Buyer, and the Buyer undertakes to accept and pay for it in accordance with the terms and conditions of this Agreement.
2.2. This agreement, as well as the information about the Goods presented on the Website, constitutes a public offer.
2.3. The Seller has the right to unilaterally make changes to the Agreement, including changing the prices of the Goods and the cost of related services, methods and terms of payment and delivery of the Goods, by posting them on the pages of the Online Store. All changes come into effect immediately after such publication and are considered brought to the attention of the Buyer from the moment of such publication.
2.4. The price of the Goods ordered and paid for by the Buyer is not subject to change.
2.5. The Buyer independently familiarizes themselves with the current version of the Agreement.
2.6. The act of placing an order for the Goods with the Seller, both independently and through the Seller’s manager, constitutes unconditional acceptance of this Agreement, and the Buyer is considered to have entered into contractual relations with the Seller.
2.7. By placing the Order, the Buyer guarantees that they have fully acquainted themselves with the text of this Agreement and accept its terms. The placement of the Order by the Buyer constitutes unconditional acceptance of the Agreement, after which the Buyer is considered to have entered into contractual relations with the Seller.
2.8. In connection with the foregoing, please carefully review the text of this public offer, and if you do not agree with any condition of the Agreement, the Seller suggests that you refrain from accepting it.
2.9. The ownership of the ordered Goods transfers to the Buyer at the moment of actual transfer of the Goods to the Buyer, the Buyer’s Authorized Representative, or the Carrier, and upon the Buyer’s payment of the full cost of the Goods. The risk of its accidental loss or damage transfers to the Buyer at the moment of actual transfer of the Goods to the Buyer, the Buyer’s Authorized Representative, or the Carrier.
3. ORDER PLACEMENT
3.1. ORDER PLACEMENT is carried out by filling out and submitting to the Seller a form with the specifications of the Order: name, quantity, price of the Goods; Buyer’s full name; Buyer’s contact phone number; Buyer’s email address; Delivery option.
The Seller does not verify the accuracy and relevance of the data provided by the Buyer.
3.2. The order is considered completed after confirmation of the order by phone, specified in the order, by the Seller’s Operator.
3.3. If the Seller has reasons to believe that the information provided by the User when placing the Order does not correspond to reality or is provided incompletely, the Seller may refuse to accept the Order on a temporary or permanent basis.
3.4. Before placing the Order and concluding this Agreement, the Buyer undertakes to familiarize themselves with the main consumer properties of the Goods and the place of manufacture of the Goods, as well as the price of the Goods.
4. PRODUCT SPECIFICATIONS
4.1. The product is presented in the online store through photo samples, which are the property of the online store. Each photo sample is accompanied by textual information: name, size, price per unit, and product description.
4.2. All information and characteristics of the Goods presented on the website are for reference purposes only and may not fully convey information about the properties and characteristics of the Goods, including colors, sizes, and shapes. Due to different technical characteristics of monitors, the shades of the Goods may differ from those presented on the website. In case the Buyer has any questions regarding the properties and characteristics of the goods, the Buyer must contact the Seller by the phone numbers indicated on the website before placing an order.
4.3. The rejection of a product of proper quality due to the discrepancy in color shades of the Goods is possible within 7 days from the receipt of the Goods.
5. PRICE AND PAYMENT FOR THE ORDER
5.1. The price of the Goods in the online store is indicated in Euros and US dollars.
5.2. In case of cash payment, the Buyer pays the Seller the price of the Goods, and the Seller provides the Buyer with a cash or merchandise receipt, or other document confirming the payment for the Goods.
5.3. All of the Seller’s Goods are products with individually defined characteristics and are made to order. The Buyer is not entitled to refuse Goods of proper quality with individually defined characteristics if such Goods can be used exclusively by the consumer acquiring them; accordingly, such Goods are not subject to return or exchange.
5.4. The Buyer pays for the Goods using the methods specified on the website of the online store Funhousewallpapers.com in the “Payment and Delivery” section.
The purchase of wallpaper by the Buyer is made based on payment of 100% of the cost of the Goods.
5.5. In the case of non-cash payment, the Buyer’s obligation to pay the price of the Goods is considered fulfilled from the moment the corresponding funds are credited to the Seller’s bank account.
5.6. The price of the Goods does not include the cost of delivery and lifting the Goods to the floor and is paid for separately by the Buyer. Information about the tariffs for the delivery of the Goods is clarified by the Buyer with the Seller.
6. RECEIPT AND DELIVERY
6.1. Delivery of the Goods to the Buyer is carried out to the address and within the timeframe agreed upon by the Buyer and the Seller (the Seller’s manager) when placing the Order.
6.2. In case of an extension of the production terms of the custom-made product by the manufacturer, the timeframe agreed upon during the order placement is also subject to extension. The Seller is obliged to inform the Buyer about the extension of the production term by any means, including electronic communication.
6.3. The transfer of the Goods to the Buyer is carried out only after the Buyer has fully paid the cost of the Order and the cost of delivery (if applicable).
6.4. At the Buyer’s request, the goods can be delivered to the address specified by them. In this case, the acceptance of the goods is carried out at the place of delivery. The delivered goods, in accordance with the rules of distance selling, are handed over to the Buyer (or to the person authorized by the Buyer) at the specified address upon presentation of an identity document.
6.5. At the moment of accepting the Goods, the Buyer checks the integrity of the packaging, inspects it for signs of tampering and external damage. The Buyer has the right to open the packaging in the presence of the Seller’s representative and check for the presence of the Goods, absence of mechanical damage, completeness, article number, color, and other signs of the Goods. If all of the above conditions correspond to their order, the Buyer must sign the accompanying invoice and take the Goods. The presence of the Buyer’s or their representative’s signature on the accompanying invoice means that the Goods have been received by them and they have no claims against the supplier. The Seller does not accept returns or exchanges of the Goods due to the absence of the Goods in the packaging, mechanical damage, or incompleteness if the Customer did not inspect the Goods or open the packaging with the Goods during acceptance.
6.6. Goods acceptance can be carried out at a Pickup Point – the Seller’s warehouse (in the case of self-pickup).
6.7. The exact cost and delivery date of the Goods are determined by the Seller’s manager when placing the order and may be changed after agreement with the Buyer.
6.8. Delivery of the Goods is not included in the price of the Goods. The cost of delivery is non-refundable to the Buyer.
6.9. The lifting of the goods to the floor can be carried out by the Seller at the Buyer’s request and is paid for separately.
7. RETURN AND EXCHANGE OF GOODS
7.1. The Buyer is not entitled to refuse custom-made Goods of proper quality or exchange such Goods.
7.2. If evidence is found that the goods are damaged due to the fault of the Buyer, as a result of violations of operating, storage, and transportation conditions, as well as due to the actions of third parties or force majeure circumstances, or if the goods were purchased from another store, no exchange or return of such goods is made, and no refunds are issued.
7.3 In case of discovering defects in the goods within the warranty period or shelf life, if they were not specified by the Seller, the Buyer is entitled to demand, at their discretion:
- replacement with goods of the same brand (same model and/or article);
- replacement with the same item of another brand (model, article) with the corresponding recalculation of the purchase price;
- proportional reduction of the purchase price;
- immediate free elimination of defects in the goods or reimbursement of expenses for their rectification by the consumer or a third party;
- to refuse performance of the sales contract and demand a refund of the amount paid for the goods. Upon the Seller’s request and at their expense, the Buyer is obliged to return the defective goods.
7.4. If it is necessary to conduct quality inspection or independent expertise of the goods, the Seller conducts the quality inspection of the Goods or transfers the Goods to an expert organization. In case evidence of the manufacturer’s fault is found, the Goods will be replaced with a similar one of proper quality. If evidence of the Buyer’s fault is found, the latter is obliged to reimburse the Seller for the expenses associated with the expertise, transportation, and storage of the goods.
8. PERSONAL DATA PROCESSING CONSENT
8.1. By placing an order, the Buyer confirms their consent to the processing of their personal data (PD) by the Seller.
8.2. The list of personal data for processing consent includes: Full Name, Contact Phone Number, Address (in case of product delivery), Email Address, and any other necessary data required to fulfill obligations.
8.3. The list of actions with personal data, for which the Buyer agrees, includes the following methods of using personal data:
- Receipt and Storage of Personal Data (in electronic form and on paper).
- Update (revision, modification) of Personal Data.
- Utilization of Personal Data for the execution of this Agreement.
- Transfer of Customer’s Personal Data in accordance with the legislation.
- For the purpose of sending catalogs, for marketing, and for other commercial purposes.
8.4. The Buyer’s consent to the processing of personal data is provided without limitation of the term of its validity.
8.5. The Buyer has the right to withdraw (amend) this consent to the processing of personal data solely by personal statement.
8.6. The Seller processes and ensures the confidentiality of personal data in accordance with the requirements of applicable legislation and privacy policy.
9. CONCLUDING PROVISIONS
9.1. This Agreement should be considered as it is published on the Seller’s Website and shall be applied and interpreted in accordance with the legislation of the Russian Federation. In case the Agreement cannot be executed without additional conditions, the Parties undertake to sign an additional agreement to this Agreement.
9.2. The Agreement enters into force from the moment of Unconditional acceptance by the Buyer and remains in effect until the obligations are fulfilled by the Parties. An additional agreement necessary for the fulfillment of the terms of the User Agreement enters into force from the moment of its approval and signing by the parties.
Any disputes arising between the Buyer and the Seller will be sought to be resolved through negotiations, and in case of failure to reach an agreement, the dispute will be referred to a judicial authority in accordance with the applicable legislation.
10. SELLER’S DETAILS
D./Dña.- EVGENIIA UVAROVA —
con número de afiliación.- 031162132801 DNI/NIE.- N.I.E. Z0260259L
FECHA- 27/12/2023
DATOS PARA LA DOMICILIACIÓN EL PAGO DE CUOTAS
Apellidos y Nombre o Razón Social del Titular de la Cuenta: UVAROVA — EVGENIIA NIF del Titular de la Cuenta: N.I.E. Z0260259L
Código Internacional Cuenta Bancaria (IBAN): ES83 0182 6197 0502 0161 5725
For all inquiries, you can contact us via email at: info@funhousewallpapers.com
