Terms & Conditions

Main Definitions

• Website Visitor — a person who visits the website https://yakubowitch.com without the intention of placing an Order.
• User — an individual, a Website Visitor, who accepts the terms of this Agreement and wishes to place Orders in the Online Store https://yakubowitch.com.
• Buyer — a User who has placed an Order in the Online Store https://yakubowitch.com.
• https://yakubowitch.com — Individual Entrepreneur Yakubovich Olga Vladimirovna (Primary State Registration Number of the Individual Entrepreneur (OGRNIP) 314774604200431, Taxpayer Identification Number (INN) 772973814890, location: Moscow, Ul. Udaltsova, bldg. 19, str. 1, apt. 89).
• Seller — https://yakubowitch.com and Individual Entrepreneur Yakubovich Olga Vladimirovna (OGRNIP 314774604200431), whose goods are presented in the Online Store https://yakubowitch.com.
• Online Store — the website https://yakubowitch.com, owned by Yakubovich Olga Vladimirovna, located on the Internet at the address https://yakubowitch.com, which displays Goods offered by the Seller for purchase, as well as the terms of payment and delivery of Goods to Buyers.
• Website — https://yakubowitch.com.
• Goods — the subject of the agreement between the parties, the list of assortment items presented in the official online store.
• Order — a duly executed request from the Buyer for the purchase and delivery to the address specified by the Buyer / via self-pickup of the Goods selected on the Website.

1. General Provisions

The Seller sells Goods through the Online Store at https://yakubowitch.com or through mobile applications for iOS and Android operating systems.

By ordering Goods through the Online Store, the User agrees to the terms of sale of Goods set forth below (hereinafter — the Terms of Sale of Goods). In case of disagreement with this User Agreement (hereinafter — the Agreement / Public Offer), the User must stop using the service and leave the website https://yakubowitch.com.

Information about the Goods presented on the Website constitutes a public offer in accordance with Article 435 and Clause 2 of Article 437 of the Civil Code of the Russian Federation.

The Agreement may be amended by the Seller unilaterally without notifying the User/Buyer. The new version of the Agreement comes into force from the moment of its publication on the Website, unless otherwise provided by the terms of the new version of the Agreement.

The Public Offer is considered accepted by the Website Visitor / Buyer from the moment of the Visitor’s registration on the Website, placement of an Order by the Buyer without authorization on the Website https://yakubowitch.com, through mobile applications for iOS and Android operating systems, as well as from the moment of accepting the Order from the Buyer by phone indicated on the Website.

The retail purchase and sale agreement is considered concluded from the moment the Seller issues a cash or sales receipt or other document, including an electronic one, confirming payment for the goods to the Buyer.

By providing the Seller with their e-mail and phone number, the Website Visitor/User/Buyer consents to the use of these means of communication by the Seller, as well as by third parties engaged by them for the purpose of fulfilling obligations to Website Visitors/Users/Buyers, for sending promotional and informational mailings containing information about discounts, upcoming and ongoing promotions and other events of the Seller, about transferring the order for delivery, as well as other information directly related to the fulfillment of obligations by the Buyer under this Public Offer.

By placing an Order, the User/Buyer agrees that the Seller may entrust the performance of the Agreement to a third party, while remaining responsible for its performance.

All rights and obligations under the Agreement concluded with the User arise directly with the Seller.

As part of the Order, https://yakubowitch.com provides the User with informational support for the Agreement concluded by the User with the Seller.

The User/Buyer can place an order in the Online Store https://yakubowitch.com 24 hours a day, 7 days a week, except for periods of scheduled maintenance or technical failures.

The return policy is available in the “Returns” section.

The relations between the Website Visitor / User / Buyer and the Seller, including regarding the procedure for concluding and terminating the purchase and sale agreement, are governed by the provisions of the Law of the Russian Federation No. 2300-1 of 07.02.1992 “On Protection of Consumer Rights”, the Rules for the Sale of Goods by Remote Means (Decree of the Government of the Russian Federation No. 612 of 27.09.2007), as well as the provisions of the Civil Code of the Russian Federation and other applicable regulatory legal acts.

2. Subject of the Agreement

The subject of this Agreement is to provide the User with the opportunity to purchase for personal, non-commercial purposes the Goods presented in the catalog of the Online Store at https://yakubowitch.com.

This Agreement applies to all types of Goods and services presented on the Website, as long as such offers with descriptions are present in the Online Store catalog.

3. Registration on the Website

Registration on the Website is carried out using a mobile phone number or email address.

Registration on the Website is not mandatory for placing an Order.

https://yakubowitch.com is not responsible for the accuracy and correctness of the information provided by the User during registration.

The User undertakes not to disclose to third parties the login and password specified by the User during registration. If the User suspects that the security of their login and password is compromised or that they may be used without authorization by third parties, the User must immediately notify https://yakubowitch.com by sending an appropriate email to the address specified on the Website.

Communication between the User/Buyer and managers and other representatives of https://yakubowitch.com and other Sellers must be based on the principles of generally accepted morality and communication etiquette. The use of obscene language, swearing, offensive expressions, as well as threats and blackmail is strictly prohibited, regardless of to whom and in what form they were addressed.

4. Goods and Purchase Procedure

In case 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 / cancel the Buyer’s Order, notifying the Buyer by sending an appropriate electronic message to the address specified by the Buyer during registration (or by a call from a manager or other representative of https://yakubowitch.com).

In case of cancellation of a fully or partially prepaid Order, the cost of the cancelled Goods is refunded by the Seller to the Buyer using the same method by which the Goods were paid for.

The Buyer’s Order is placed in accordance with the procedures indicated on the Website in the section.

The Buyer bears full responsibility for providing incorrect information that resulted in the Seller’s inability to properly fulfill its obligations to the Buyer.

After placing an Order on the Website, the Buyer is provided with information about the estimated delivery date by sending an electronic message to the email address specified by the Buyer during registration or by phone. The manager servicing this Order clarifies the details of the Order, the availability of the ordered Goods in the Seller’s warehouse, coordinates the delivery date and the time required for processing and delivering the Order. The delivery date depends on which legal entity/individual entrepreneur is the Seller of the Goods ordered by the Buyer.

On the day of delivery, a representative contacts the Buyer at the phone number specified at the time of placing the order to coordinate the exact delivery time within the interval indicated by the Buyer, as well as to obtain the necessary information from the Buyer for the possibility of accessing (driving to) the address specified by the Buyer. If the Buyer does not answer the representative’s call, the Seller has the right, with the Buyer’s consent, to postpone the delivery to another time and/or another day. If the Buyer does not contact the Seller and/or does not agree on another time and/or another day for delivery, the Seller’s obligation to deliver the order is considered duly fulfilled, and the Buyer is considered to have refused the order and the performance of the agreement.

The expected date of transfer of the Order to the Delivery Service of the respective Seller is communicated to the Buyer by the manager servicing the Order, by email or during a follow-up call to the Buyer.

5. Order Delivery

The methods, as well as approximate delivery times for Goods from https://yakubowitch.com, are indicated on the Website; the methods and approximate delivery times for Goods sold by other Sellers are indicated on the respective Seller’s page on the Website. Specific delivery times may be agreed upon by the Buyer with managers and other representatives of https://yakubowitch.com when confirming the order.

The delivery area for Goods presented on the Website and from https://yakubowitch.com is not limited to the territory of the Russian Federation. The Buyer also agrees that the delivery area for Goods sold by other Sellers may be limited.

Upon delivery, the Order is handed over to the Buyer or a third party specified in the Order as the recipient (hereinafter the Buyer and the third party are referred to as the “Recipient”). If it is impossible for the above persons to receive the Order paid for in cash, the Order may be handed over to a person who can provide information about the Order (tracking number and/or Recipient’s full name) and also pay the full cost of the Order to the person delivering the Order.

To prevent fraud, as well as to fulfill the obligations assumed under clause 5 of this Agreement, when handing over a prepaid Order, the person delivering the Order has the right to request an identity document from the Recipient, and also to indicate the type and number of the document provided by the Recipient on the Order receipt. The Seller guarantees the confidentiality and protection of the Recipient’s personal data (clause 9.3.).

The risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment of actual transfer of the Order to them. In case of non-delivery of the Order, the Seller reimburses the Buyer for the cost of the prepaid Order and delivery in full after receiving confirmation from the Delivery Service about the loss of the Order.

The delivery cost for each Order is calculated individually, based on information about the Seller of the ordered Goods, the weight of the Goods, the region and method of delivery, and (if necessary) the payment method, and is indicated on the Website at the final stage of placing the Order.

The Seller’s obligation to transfer the goods to the Buyer is considered fulfilled at the moment the courier hands the Goods over to the Recipient or the Recipient receives the Goods at the post office or at a pre-agreed pick-up point for the Order.

When receiving the Order at the post office, the Recipient, after paying for the delivered Goods, has the right to inspect the delivered Goods and open it in the presence of employees of the Russian Post to check the Goods for compliance with the declared quantity, assortment and completeness, as well as to check the service life of the delivered Goods and the integrity of the packaging. In case of claims regarding the delivered Goods (shortage, inclusion of Goods different from those specified in the shipment inventory, manufacturing defect, other claims), at the Recipient’s instruction, the Russian Post employees draw up a Report on Identified Discrepancies.

In case of return of Goods delivered via Russian Post due to claims regarding the Goods, the Recipient is obliged to attach to the Shipment containing the returned Goods the following documents:
— application for a refund;
— a copy of the Report on Identified Discrepancies;
— a copy of the payment receipt;
— a copy of the Shipment inventory;
— return form.

When accepting the Order from the courier, the Recipient has the right to inspect the delivered Goods and check them for compliance with the declared quantity, assortment and completeness, as well as check the service life of the delivered Goods and the integrity of the packaging. If there are no claims regarding the delivered Goods, the Recipient signs the “Order Delivery Form” or another similar document provided by the courier and pays for the Order (in the absence of 100% prepayment). The signature on the delivery documents indicates that the Recipient has no claims regarding the Goods and that the Seller has fully and duly fulfilled its obligation to transfer the Goods.

The waiting time for couriers delivering goods sold by https://yakubowitch.com at the Recipient’s address is limited to 20 minutes. The waiting time for couriers delivering goods sold by other Sellers may differ, either longer or shorter, depending on the delivery conditions of the respective Seller.

The Goods presented on the Website comply in quality with GOST and Technical Specifications, which is confirmed by the relevant documents.

The date, time and, if necessary, the delivery route can be clarified with the manager who contacts the Buyer to confirm the Order.

6. Payment for Goods

The price of goods sold in the Online Store is indicated in Russian Rubles and does not include value added tax.

The price of the Goods is indicated on the Website. In case of incorrect indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about this to confirm the Order at the corrected price or to cancel the Order. If it is impossible to contact the Buyer, this Order is considered cancelled. If the Order was paid for, the Seller returns to the Buyer the amount paid for the Order using the same method by which it was paid.

The price of the Goods on the Website may be changed by the Seller unilaterally. However, the price for the Goods ordered by the Buyer is not subject to change.

Features of paying for Goods using bank cards:

In accordance with the Regulation of the Central Bank of the Russian Federation “On the Issuance of Bank Cards and on Operations Performed Using Payment Cards” No. 266-P dated 24.12.2004, operations using bank cards are performed by the cardholder or a person authorized by them.

Authorization of bank card transactions is carried out by the bank. If the bank has reason to believe that a transaction is fraudulent, the bank has the right to refuse to perform this operation. Fraudulent operations with bank cards fall under Article 159 of the Criminal Code of the Russian Federation.

To prevent various types of unauthorized use of bank cards for payment, all Orders placed on the Website and prepaid by bank card are verified by the Seller. For the purpose of verifying the identity of the owner and their right to use the card, the Seller has the right to require the Buyer who placed such an order to present an identity document.

https://yakubowitch.com has the right to provide discounts on Goods and establish a discount and bonus program. The types of discounts, bonuses, the procedure and conditions for accrual are determined by the Seller independently and are indicated on the Website and may be changed by the Seller unilaterally.

When conducting marketing campaigns involving the inclusion of any items in shipments with the Buyer’s Order, the delivery of said inclusions is at the Buyer’s expense. To refuse an inclusion, the Buyer must contact the Customer Service Department.

When delivering goods from https://yakubowitch.com via Russian Post, the total cost of the goods is subject to an increase by the cost of delivery in the amount indicated in the Delivery section, in accordance with the delivery conditions.

An Order is considered incomplete if the Buyer notifies about a change of mind regarding the purchase before the moment the order assembly begins at the warehouse. If the Buyer notifies the Seller about this after the moment the order assembly begins at the warehouse, such an Order is considered rejected.

https://yakubowitch.com has the right to decide to block the “Cash on Delivery” payment method for the Buyer in relation to Goods in individual cases. The Seller has the right to independently determine the payment methods available to the Buyer.

7. Return of Goods and Funds

The return of Goods sold by https://yakubowitch.com is carried out in accordance with the “Return Conditions” specified on the Website, as well as the current legislation of the Russian Federation. The rules for returning Goods may be established by the Seller independently and are published.

Return of Goods of proper quality:

The Buyer has the right to refuse the ordered Goods at any time before receiving it, and after receiving the Goods — within 14 days, excluding the day of purchase. Return of Goods of proper quality is possible provided that their presentation, consumer properties are preserved, as well as the document confirming the fact and conditions of purchase of the specified Goods is available.

Upon the Buyer’s refusal of the Goods in accordance with clause 7.2.1, the Seller refunds the cost of the returned Goods to them, excluding the Seller’s expenses related to the delivery of the Goods returned by the Buyer, within 10 days from the date the returned Goods are received at the Seller’s warehouse together with the return application filled out by the Buyer.

If at the time of the Buyer’s request an identical product is not available for sale from the Seller, the Buyer has the right to refuse to perform this Agreement and demand a refund of the amount paid for the specified Goods. The Seller is obliged to refund the amount paid for the returned goods within 10 days from the date of return of the Goods.

Return of Goods of improper quality:

Within the warranty period, the consumer has the right, at their choice, to apply with a demand for the return of goods of improper quality to the manufacturer.

Goods of improper quality are understood as goods that are defective and cannot perform their functional qualities. The received Goods must correspond to the description on the Website.

The appearance and completeness of the Goods, as well as the completeness of the entire Order, can be checked by the Recipient at the moment of delivery of the Goods.

Upon delivery of the Goods, the Buyer signs in the delivery receipt in the column: “Order accepted, completeness is full, no claims regarding quantity and appearance of goods”, or in another similar document issued by the Seller, in the column providing for the Buyer’s mark about the absence of claims regarding the completeness and quantity of the Goods.

If the Buyer was transferred Goods of improper quality and this was not previously agreed upon with the Seller, the Buyer has the right to use the provisions of Article 18 “Consumer Rights upon Discovery of Defects in Goods” of the Law on Protection of Consumer Rights.

If a significant defect in the goods is discovered after two years from the date of its transfer to the consumer and by that time the warranty period has expired, the demand to terminate the purchase and sale agreement may be made by the consumer only to the manufacturer (authorized organization or authorized individual entrepreneur). In this case, the consumer is obliged to prove that the discovered defect is significant and that it arose before the transfer of the goods to the consumer or for reasons that arose before that moment.

Demands for a refund of the amount paid for the goods are subject to satisfaction within 10 days from the date of the relevant demand (Article 22 of the Law of the Russian Federation “On Protection of Consumer Rights”).

Refund of funds is carried out by returning the cost of the paid Goods to the bank card or by postal order. In case of cancellation or return of a fully or partially prepaid Order, the cost of the cancelled Goods is refunded by the Seller to the Buyer using the same method by which the Goods were paid for.

8. Liability

The Seller is not liable for damage caused to the Buyer as a result of improper use of Goods purchased in the Online Store.

The Seller is not liable for the content and functioning of external websites.

9. Confidentiality and Information Protection

Personal data of the User/Buyer is processed in accordance with Federal Law “On Personal Data” No. 152-FZ.

When registering on the Website, the User provides the following information: Last Name, First Name, Patronymic, contact phone number, email address, date of birth, gender, delivery address.

By providing their personal data to the Seller, the Website Visitor/User/Buyer agrees to their processing by the Seller, including for the purpose of the Seller fulfilling its obligations to the Website Visitor/User/Buyer under this Public Offer, promoting goods and services by the Seller, conducting electronic and SMS surveys, monitoring the results of marketing campaigns, inviting participation in programs to improve service quality, customer support, organizing delivery of goods to Buyers, ensuring the process of returning goods from the Website Visitor/User/Buyer, consumer credit from the Seller’s partner company, conducting prize draws among Website Visitors/Users/Buyers, monitoring satisfaction of the Website Visitor/User/Buyer, as well as the quality of services provided by the Seller.

Processing of personal data means any action (operation) or set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification) retrieval, use, transfer (including transfer to third parties, excluding cross-border transfer, if the need for it arose during the performance of obligations), depersonalization, blocking, deletion, destruction of personal data.

The Seller has the right to send informational, including promotional messages, to the User’s/Buyer’s email and mobile phone with their consent, expressed through actions that uniquely identify this subscriber and allow reliably establishing their will to receive the message. The User/Buyer has the right to refuse to receive advertising and other information without giving reasons by informing https://yakubowitch.com of their refusal by phone indicated on the Website or by sending a corresponding application to the Seller’s email address. Service messages informing the User/Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the User/Buyer.

Revocation of consent to the processing of personal data is carried out by revoking acceptance of this Public Offer.

The Seller has the right to use “cookies” technology. “Cookies” do not contain confidential information. The Visitor/User/Buyer hereby consents to the collection, analysis and use of cookies, including by third parties for the purposes of generating statistics and optimizing advertising messages.

The Seller receives information about the IP address of the visitor to the Website https://yakubowitch.com. This information is not used to identify the visitor.

The Seller is not responsible for information provided by the User/Buyer on the Website in a publicly accessible form.

The Seller has the right to record telephone conversations with the User/Buyer. At the same time, the Seller undertakes to: prevent attempts of unauthorized access to information obtained during telephone conversations and/or its transfer to third parties not directly related to the execution of Orders, in accordance with clause 4 of Article 16 of the Federal Law “On Information, Information Technologies and Information Protection”.

10. Term of the Public Offer

This Public Offer comes into force from the moment of its acceptance by the Website Visitor/Buyer and is valid until the acceptance of the Public Offer is revoked or until its actual performance, whichever occurs earlier.

The Public Offer may be revoked by https://yakubowitch.com at any time, but this is not grounds for refusal of obligations by https://yakubowitch.com under already concluded agreements. https://yakubowitch.com undertakes to post a notice of revocation of the Public Offer in its online store, indicating the exact time (4th time zone (Moscow)) of the revocation of the Public Offer, at least 12 hours before the fact of the event of revocation (suspension) of the Public Offer.

11. Additional Terms

The Seller has the right to assign or otherwise transfer its rights and obligations arising from its relations with the Buyer to third parties.

The Online Store and the services provided may be temporarily partially or completely unavailable due to maintenance or other works or for any other technical reasons. The technical service of https://yakubowitch.com has the right to periodically carry out necessary maintenance or other works with or without prior notice to Buyers.

The relations between the User/Buyer and the Seller are governed by the provisions of Russian legislation, including in the resolution of disputes. The place of dispute resolution is the court of the Russian Federation in accordance with the current legislation of the Russian Federation.

In case of questions and claims from the User/Buyer, they have the right to contact the Seller by phone or other available means.

If a court recognizes any provision of this Agreement as invalid, this does not entail the invalidity of the remaining provisions.

The parties acknowledge that the public offer and the response, various notices under the Agreement, including those related to amendment and termination of the Agreement, signed with a simple electronic signature are recognized as electronic documents equivalent to paper documents signed with a handwritten signature. The simple electronic signature is the email address of the Buyer / Visitor / User specified when placing the order.