Proposal by Individual Entrepreneur Anastasia Vladimirovna Kravets

on the conclusion of the

Remote Sale and Purchase Agreement as amended on 10.08.2021

 

1. Terms and Definitions

 
1.1. Acceptance shall mean full and unconditional acceptance of the terms and
conditions of this Offer. Acceptance is the fact of execution by the Buyer of the Order
for the Goods offered by the Seller, subject to the provision of all information to the
Seller, necessary to confirm the Order or acceptance of the Offer when registering on
the Website, depending on which of the conditions occurs earlier. Ordering Procedure
or Acceptance of the Offer when registering on the Website means acceptance
(consent) of the Buyer with the terms of this Offer in full without any restrictions,
waivers, reservations or exceptions.
1.2. Remote Sale and Purchase Agreement (hereinafter referred to as the
“Agreement”) shall mean a retail sale agreement concluded on the basis of the Buyer’s
familiarization with the description of the goods proposed by the Seller via the
Internet, which excludes the possibility of direct acquaintance of the Buyer with such
goods.
1.3. Order is an electronic document that contains information about the product
selected by the Buyer, its cost, delivery address, Buyer’s name, contact details of the
Buyer and other data provided for in the form of this electronic document.
1.4. Offer is a public offer of the Seller, addressed to an indefinite number of persons,
to conclude the Remote Sale and Purchase Agreement (hereinafter referred to as the
“Agreement”) on the terms specified in this Offer and the Seller’s website below.
1.5. Buyer is a capable individual who intends to purchase or acquires goods for
personal, family or home use, not related to the implementation of business activities.
1.6. Seller – Individual Entrepreneur Anastasia Vladimirovna Kravets
(PSRNIE: 321774600403188, TIN 771775466047; legal address: 123022, Moscow, 2
Khodynskaya street, apt. 35), which sells goods by remote means on the Website.
1.7. Website - the website of the official online store “Naked Shoulders” -
https://nakedshoulders.com/.
1.8. Offer - this Agreement on the terms of sale of goods of Individual Entrepreneur
A. V. Kravets
1.9. Goods - goods of IE A.V. Kravets, which are offered for sale by the Seller on the
Website and which the Buyer intends to acquire and / or is acquiring.
 

2. General Terms and Conditions

 

2.1. This Agreement, as well as the offer of the Goods in its description, is a public
offer by virtue of Part 1 of Article 435 and Part 1 of Article 437 of the Civil Code of
the Russian Federation.
2.2. Under this Agreement, the Seller undertakes to sell, and the Buyer undertakes to
pay for and accept the Goods at the prices specified in the description of the Goods on
the relevant page of the Seller’s Website as of the date of the Order, under the terms
of this Offer, the current version of which is posted on the Seller’s Website. The
Agreement shall be deemed concluded from the moment of receipt by the Seller of the
notice of the Buyer's intention to purchase the Goods in the form of a completed
Order for the purchase of the Goods, subject to the provision of all information to the
Seller necessary to confirm the Order, confirm the Buyer’s phone number and provide
them with consent to the processing of personal data. The Agreement shall apply
exclusively to the Goods, the range and quantity of which are confirmed in the Order
confirmation sent in accordance with clause 3.2. of the Offer. Each individual Order is
an Agreement concluded on the terms of the Offer.
2.3. By ordering and purchasing the Goods on the Website, the Buyer agrees and
accepts all the terms and conditions set forth in this Agreement.
2.4. The Place of sale of the Goods is the territory of the Russian Federation.
2.5. The Seller reserves the right to unilaterally make changes to this Agreement.
2.6. The Seller has the right to involve any third parties in the process of sale /
provision of services without additional agreement with the Buyer.
2.7. The Seller informs the Buyer that the services for the delivery of the Goods to the
Buyer (courier services) are provided in the following ways: 
2.7.1. in Moscow - by courier within twenty (20) calendar days from the date of
confirmation of the order by the Seller;
2.7.2. within the territory of the Russian Federation - by the courier company CDEK
within the terms approved by the policy of the specified courier company. The delivery
period begins from the moment of expiration of fifteen (15) calendar days from the
date of confirmation of the order by the Seller;
2.7.3. outside the territory of the Russian Federation - by the international express
delivery company of goods and documents DHL within the terms approved by the
policy of the specified courier company. The delivery period begins to run from the
moment of expiration of fifteen (15) calendar days from the date of confirmation of
the order by the Seller.
2.8. All information materials presented on the Website are for reference only and
cannot fully convey reliable information about the properties and characteristics of
the Goods. If the Buyer has any questions regarding the properties and characteristics
of the Goods ordered by him, the Buyer shall contact the Seller for additional
information.
2.9. The Goods may have slight differences from the image presented on the Website
in color, shape, size or other parameters. The goods have all the necessary certificates
and fully comply with the norms and requirements of the legislation of the Russian
Federation.

2.10. The Buyer undertakes not to use the Goods purchased on the Website for
business purposes.
2.11. All terms of shipment and delivery specified on the Website, cost, availability in
the warehouse and other information regarding the Goods are for reference
(informational) nature and do not give rise to any legal consequences for any of the
Parties. The information on the Website regarding the terms of delivery of the Goods
and their availability is approximate and reflects only the possible availability of the
Goods in the Seller’s warehouse at the time of the Order.
2.12. Taking into account that the Seller uses the services of third parties to deliver
the Goods to the Buyer, a prerequisite for placing the Order and paying for it is the
absence of objections to the reimbursement to the Seller of the cost of delivery of the
Goods in the declared amount. Under no circumstances shall the Seller be obliged to
document the cost of delivery.
 

3. Procedure for ordering the Goods

 

3.1. The Buyer intending to purchase the Goods shall fill out the Order form on the
Website. Filling out the Order form on the Website can be carried out in two ways:
with registration on the Website and without registration on the Website.
3.1.1. To register on the Website, it is necessary to fill out the Customer Registration
Card form. The form of the Customer Registration Card contains mandatory
information, in the absence of which registration on the Website is impossible. In
order to register on the Website and then enter the Personal Account, the Buyer
enters a username (login) and password. The Buyer agrees not to disclose such
username and password. The Buyer has the right to unilaterally make changes to the
information contained in the Customer Registration Card. In case of changes in the
information about the Buyer contained in the Customer’s Registration Card, the Buyer
undertakes to make the appropriate changes to the Registration Card independently
or to instruct the Seller to change them. 
3.1.2. After registration on the Website, as well as in case of ordering without
registration on the Website, it is necessary to fill out the Order form on the Website.
The Order Form contains mandatory information marked with an “*”. In the absence of
such information, the Order cannot be placed.
3.2. The Order shall be completed by its confirmation by the Buyer by pressing the
“Pay” button (hereinafter - the “Order confirmation”). Confirmation of the Order is the
acceptance (acceptance) by the Buyer of the Seller’s offer (the Offer) to conclude a
Remote Sale and Purchase Agreement under the terms of this Agreement. Within 48
hours of placing the order on the website, the Seller confirms the order by contacting
the Customer by phone or e-mail. Confirmation of the Order means, inter alia, the
Buyer’s consent to pay the specified cost of delivery of the Goods ordered by him.
3.3. The Buyer is responsible for the content and accuracy of the information provided
when placing the Order (filling out the Order form on the Website).
3.4. Order picking shall be started by the Seller after its confirmation and payment by
the Buyer to the Seller’s account of the full cost of the confirmed Goods. The maximum
period for completing the Order is determined in accordance with this Agreement. In

any case, the Seller does not guarantee that the Order will be completed within the
maximum period established for the collection, including for reasons beyond the
control of the Seller.
3.5. The Seller does not guarantee the availability of the Goods ordered on the
Website at the time of order picking. 
 

4. Payment for the Products

 

4.1. The price of the Goods is indicated on the Website in rubles, euros and US dollars.
The price of the Goods does not include the shipping costs. The price of the Goods
indicated on the website may be changed by the Seller unilaterally at any time. In this
case, the price of the Goods ordered by the Buyer is not subject to change. The
settlements between the Parties shall be made in rubles.
4.1.1. In case of purchase of the Goods with foreign currency, the conversion rate is
calculated at the rate of the Central Bank of the Russian Federation on the day of
payment.
4.2. The cost of delivery is indicated in a separate line and depends on the region of
delivery and other factors established by the company providing courier services.
4.3. The price of the Goods and the cost of delivery shall be paid by the Buyer on the
terms of 100% prepayment by bank transfer to the Seller’s settlement account.
4.4. The Seller reserves the right to include additional costs in the cost of the Order -
in this case, such costs are highlighted in the Order as a separate line and provided to
the Buyer in the Order until the Buyer confirms the Order. Confirmation of the Order
shall mean, inter alia, the Buyer’s consent to pay the specified cost of such additional
costs.
4.5. The Buyer’s obligation to pay for the Goods and the cost of delivery shall be
deemed fulfilled at the time of receipt of funds to the Seller’s account.
4.6. The provisions of Art. 317.1 of the Civil Code of the Russian Federation are not
applicable under this Agreement.
4.7. Payment by bank cards is carried out through Tinkoff Bank JSC. VISA, MasterCard,
and Mir Payment System are accepted for payment. The service of payment via the
Internet is carried out in accordance with the Rules of the international payment
systems Visa, MasterCard and Mir Payment System on the principles of confidentiality
and security of payment, for which the most modern methods of verification,
encryption and data transfer via closed communication channels are used. Bank card
details are entered on the secure payment page of Tinkoff Bank JSC. On the page for
entering bank card data, you will need to enter the card number, cardholder name,
card expiration date, three-digit security code (CVV2 for VISA or CVC2 for
MasterCard). All necessary data is printed on the card itself. The three-digit security
code is the three digits located on the back of the card. Then you will be redirected to
the page of your bank to enter the 3DSecure code, which will be sent to you via SMS. If
the 3DSecure code has not been received, you should contact the bank that issued the
card.

 

5. Delivery of Goods. Transfer of ownership

 

5.1. Delivery of goods to the Buyer is carried out to the place specified by the Buyer in
the form of the Order within the terms specified in this Agreement.
The maximum period for completing the Order is fifteen (15) calendar days from the
date of confirmation of the Order by the Seller.
The delivery time specified in this Agreement may be changed by the Seller
unilaterally for reasons beyond its control.
5.2. To deliver the Goods to the place specified by the Buyer, the Seller may use the
services of the courier company specified in clause 2.7. of the Agreement. The Seller
has the right to change the courier company at any time - in this case, information
about the changes is posted on the Website or communicated to the Buyer in any way
available to the Seller.
5.3. If the delivery is made within the established time frame, but the Goods have not
been transferred to the Buyer through his fault, the subsequent delivery shall not be
made, and the Order shall be canceled. 
5.4. The ownership of the Goods shall be transferred to the Buyer at the time of
acceptance of the Goods from the Seller/representative of the courier service, subject
to the signing of documents on receipt of the order. 
5.5. If the maximum period for picking the Order (including delivery) has expired, but
the Seller was unable to assemble the Order, the Order shall be canceled. 
5.6. The Buyer shall accept the Goods in terms of quantity, name and quality at the
time of receipt of the Goods by checking its integrity and completeness in accordance
with the documents for the Goods (Order Form). In the absence of claims to the
quantity, quality and / or assortment of the Goods, the Buyer is obliged to sign the
Order Form in two (2) copies, one of which remains with the Buyer (in case of delivery
of the Order by the Seller).
5.7. The order may be received only by the person for whom the Order is placed. At the
time of acceptance of the Order, the Buyer shall confirm his / her identity by
presenting a passport or other identity document to the courier.
5.8. The Courier has the right not to transfer the Order to the Buyer in the following
cases:
- the person who receives the Order has not provided an identity document;
- the Buyer refused to sign the Order Form;
- The Order is accepted by another person than specified in the Order;
- the person who accepts the Order is under the age of majority or has no legal
capacity;

- in other cases stipulated by the legislation, this Agreement or other documents,
including those that govern the courier service.
5.9. If the Courier does not transfer the Goods to the Buyer for the above reasons, the
Order shall be returned to the Seller and canceled. The Buyer shall be refunded the
money paid for the Goods, except for the cost of delivery of the Goods to the Buyer
and back to the Seller.
5.10. The purchase of the Goods with delivery does not entitle the Buyer to demand
the provision of the Goods delivery service in the event of the need for warranty
service, replacement or return of the Goods. The purchase of the Goods with delivery
does not imply the possibility of refunding the cost of the Goods delivery service,
including in cases where the Seller is obliged to return the cost of the Goods to the
Buyer.
5.11. The risk of accidental loss or accidental damage to the Goods shall be transferred
to the Buyer from the moment of transfer of the Order by the courier and affixing his /
her signature in the documents confirming the delivery of the Order (sales receipt,
cash register receipt).
 

6. Cancellation of the order. Return and exchange of goods

 

6.1. The Buyer has the right to refuse the Order completely at any time before the
transfer of the order to the Buyer.
Partial cancellation of the Order is possible before its transfer for delivery. If the
Buyer intends/wishes to cancel the Order in terms of the Buyer, it is necessary to
contact the Seller and inform which goods he intends to refuse.
6.2. The Buyer has the right, upon receipt of the Order, to return the Goods of proper
quality to the Seller within seven (7) calendar days from the date of receipt of the
Order. In this case, the return of the Goods of proper quality is possible if its
presentation, consumer properties, factory labels, labels, consumer properties, a
document confirming the fact and conditions of purchase of such Goods are preserved,
as well as such Goods do not have a strong smell of perfume and the Goods have not
been used in any way other than opening the package.
6.3. Return of the Goods is possible only through the courier companies specified in
this Agreement. When returning the goods using the courier company, it is necessary
to enclose a copy of the passport, a completed application for the return of the goods,
as well as a document confirming the payment of the Goods (sales receipt, cashier’s
receipt). In case of return of the goods of proper quality, the cost of return shipment
to the Customer shall not be compensated.
6.4. Refund of the amount paid by the Buyer for the returned Goods shall be made to
the Buyer’s bank account specified in the application for return.
6.5. The Buyer shall not be entitled to refuse from the Goods of proper quality, having
individually defined properties, if the specified Goods can be used exclusively by the
consumer purchasing it.

6.6. Return and exchange of Goods of inadequate quality shall be carried out in the
manner prescribed by law.
 

7. Submission of claims

 

7.1. In the event that the Goods are transferred to the Buyer in violation of the terms
of the agreement on the quantity, range, quality, completeness, the Buyer has the right
not to accept the Goods. After acceptance of the Goods and signing the Order Form,
the Seller shall not accept claims, except for claims related to defects of the Goods.
7.2. The Seller does not accept any claims after 7 calendar days from the date of
delivery of the Goods to the Buyer.
7.3. In the event of a dispute about the causes of defects, the Seller or the Buyer shall
be entitled to conduct an examination of the Goods. If the examination conducted at
the expense of the Seller establishes that the defects have arisen due to circumstances
for which the Seller (manufacturer) is not responsible, the Buyer undertakes to
reimburse the cost of such examination to the Seller.
 

8. Liabilities
 

8.1. By placing an Order on the Website, the Buyer agrees that in case of impossibility
to fulfill (in whole or in part) the Order by the Seller, the Buyer has no right to demand
payment of a penalty or other penalties or to demand compensation for any type of
damage related to non-fulfillment of the order, except in cases provided for in this
Agreement.
8.2. The Seller does not accept claims related to loss of profits, non-pecuniary damage
or other claims related to the delay in the execution of the order or its non-fulfillment.
8.3. The Seller’s liability to the Buyer is limited to the value of the Goods ordered by
the Buyer.
 

9. Miscellaneous
 

9.1. In case of conflict of certain provisions of this Agreement with the norms of the
current legislation, the norms of the current legislation shall apply. The invalidity of
individual provisions does not entail the invalidity of the Agreement as a whole.
9.2. The Buyer shall be solely responsible for providing the Seller with correct
information about itself, its postal address, its bank account details and other
information necessary for the parties to fulfill their obligations to sell the goods and
pay for them. In case of non-fulfillment by the Seller of obligations related to the

execution of the Order due to the provision by the Buyer of false information about
itself, the Seller shall not be liable for non-fulfillment of the Order. Repeated delivery
of the Goods, as well as other actions by the Seller, shall be made only by agreement of
the parties with the attribution of the relevant additional costs to the Buyer.
9.3. If, after placing the Order, the Buyer has changed the details that are important
for the proper performance by the Seller of its obligations to execute the Order or the
Buyer has noticed an error in the specified delivery address or other information, he
shall immediately notify the Seller. If the Buyer fails to comply with this condition, the
Seller has the right to demand additional funds from the Buyer for re-delivery of the
Goods to the new address.
9.4. If the Buyer has not received the Order within 30 calendar days from the date of
confirmation of the Order, the Buyer shall notify the Seller. After receiving the
relevant information, the Seller shall assist the Buyer in finding the sent Order. To do
this, the Seller shall apply to the courier service. The Seller shall communicate the
results of the investigation to the Buyer. Claims for non-delivery of the Goods by the
courier shall not be accepted after 30 days from the date of sending the Order by the
Buyer.
9.5. The Buyer, when placing an Order, gives his consent to the processing of his
personal data by both the Seller and its authorized persons, including courier services;
confirms its agreement with this Agreement, and its familiarization with and consent
to all documents published on the Website (including the Privacy Policy on personal
data).
9.6. All text information and graphics posted on the Seller’s Website, the Website and
any of its elements are the property and (or) the object of other rights of the Seller.
The use by any third parties of the Website and (or) its elements, as well as the above
information and/or images without the consent of the Seller is a violation of the
Seller's rights and may entail liability under the current legislation of the Russian
Federation.
 

10. Changes and additions to the Agreement

10.1. The Seller reserves the right to unilaterally change the terms of this Agreement,
as well as any other documents published on the website. The Seller does not
undertake to notify the Buyer of any changes to these documents. Any changes to this
Agreement are binding on the Buyer and are considered to be accepted by him after
three days from the date of their publication on the website. If the Buyer does not
accept the new version of the Rules, the Buyer undertakes to cancel the order and
notify the Seller of such refusal.
 

11. Dispute Resolution

 

11.1. The Seller and the Buyer undertake to settle all disputes out of court. If the
Buyer has any claims, he must send them by registered mail with a list of attachments
to the legal address: 123022, Moscow, 2 Khodynskaya street, apt. 35 and by e-mail:
info@nakedshoulders.com.

11.2. The Seller shall consider the application (claim) of the Buyer within five (5)
business days from the date of receipt.
11.3. If it is impossible to settle the dispute out of court, the dispute shall be settled
by the court at the location of the Seller.
 

12. Confidentiality
 

12.1. When placing Orders or registering on the Website, the Buyer fills out the forms,
providing the following data: Surname, name, patronymic, contact details (phone, e-
mail), delivery addresses of the Order.
12.2. In the case of placing an Order on the Website, the Seller processes the above
information in order to fulfill its obligations to the Buyer under the Remote Sale and
Purchase Agreement, to evaluate and analyze the operation of the Website, to
communicate with the Buyer, to inform the Buyer about various promotions, special
offers, etc. At the same time, if the Buyer does not want to receive these information
messages, he must change the relevant subscription settings on the Website by
excluding his e-mail address from the mailing list of the Website.
12.3. The Seller is obliged to ensure the safety, security of data and confidentiality of
the information received from the Buyer in accordance with the requirements of the
legislation on the protection of personal data.
12.4. The Buyer agrees that the Seller has the right to send information, including
advertising messages, to the e-mail of the Buyer specified by the latter when placing
the Order. The Buyer has the right to refuse to receive advertising and other
information without explaining the reasons for the refusal. Service messages informing
the Buyer about the order and the stages of its processing are sent automatically and
cannot be rejected by the Buyer. 
12.5. Personal data of the Buyer is processed in accordance with Federal Law No. 152-
FZ “On Personal Data”. 
12.6. The processing of personal data means any action (operation) or a set of actions
(operations) performed with the use of automation tools or without the use of such
tools with personal data, including collection, recording, systematization,
accumulation, storage, clarification (updating, modification), extraction, use, transfer
(including transfer to third parties, not excluding cross-border transfer, if the need for
it arose in the course of performance of obligations), depersonalization, blocking,
deletion, destruction of personal data. 
 

11. Liabilities
 

11.1. The Parties shall be liable in accordance with the current laws of the Russian
Federation. 

11.2. The Buyer is responsible for the content and accuracy of the data provided at the
conclusion of the Agreement. The Seller shall be released from liability for violation of
the terms of Delivery in the event that the Buyer informs about himself / herself when
concluding the Agreement.
11.3. Non-fulfillment by the Buyer of the obligation to make advance payment for the
Goods and the cost of delivery of the Goods within three (3) days from the receipt of
the Seller’s confirmation specified in clause 3.2. of this Offer shall be regarded by the
Parties as unilateral refusal of the Buyer to perform the Agreement, which will mean
termination of the Agreement concluded between the Buyer and the Seller unilaterally
(at the initiative of the Buyer) and entails the termination of the Seller's obligation to
the Buyer to sell the Goods on the terms of advance payment, as well as the
termination Buyer’s right to claim against the Seller for the sale of the Goods to the
Buyer on a prepayment basis. The Seller has the right to cancel the relevant Order.
11.4. The Seller shall not be liable for the improper use by the Buyer of the Goods
purchased under the Agreement.
11.5. The Seller reserves the right to refuse to conclude the Agreement in the event of
its systematic refusal to receive the Goods ordered earlier, which is equivalent to an
abuse of the right.
 

12. Period of the offer validity

 

12.1. This Offer as amended shall enter into force on August 10, 2021 and shall be
valid until the Seller decides to change or terminate this Offer.
 

13. Seller details
 

Anastasia Vladimirovna Kravets, Individual Entrepreneur
TIN 771775466047
Primary state registration number of the individual entrepreneur (PSRNIE)
321774600403188
Legal address: 123022, Moscow, 2 Khodynskaya street, apt. 35
Telephone: +79057591555
Bank Details:
Bank: Tinkoff Bank JSC
S/a: 40802810900002440114
BIC 044525974