TERMS AND CONDITIONS
3. Your Status
10. Our Liability
17. Entire Agreement
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products“) listed on our website wingsproject.ru (our “Site“) to you. Please read these terms and conditions carefully before ordering any Products from our Site. These terms tell you who we are, how we provide products to you and how we may change or end the contract, what to do if there is a problem and other important information. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Site.
wingsproject.ru - is a site operated by EP Ivanova Yulia Sergeevna («WINGS project», “We“, “Us” or “Our“). We are registered in Moscow, Russian Federation under company number OGRNIP: 318774600121610 at address: 36-77 Grina Street, Moscow, 117628, Russian Federation. Our tax number INN 772380650264.
You can contact us by writing an email to us at email@example.com, or telephoning our customer services team on +7 (910) 408 1399. If we have to contact you, we will do so by email at the email address you provided to us in your order.
By placing an order through Our Site, you warrant that: (a) You are legally capable of entering into binding contracts; and (b) You are at least 18 years old.
4.1. After placing an order, you will receive an e-mail from Us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Us to buy a Product. All orders are subject to acceptance by Us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation“). If we are unable to accept your order we will inform you of this in writing and will not charge for the product. The contract between you and Us (“Contract“) will only be formed when We send you the Dispatch Confirmation.
4.2. The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products, which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5.1. If you are contracting as a consumer, you may change your mind at any time within fourteen days, beginning on the day after you received the Products. In this case you will receive a full refund of the price paid for the Products in accordance with Our refunds policy (set out below).
5.2. If you change your mind, you must inform Us in writing. You must also return the Product(s) to Us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If we don’t receive the item back from you, we may arrange for collection of the item from your residence at your cost. If you fail to comply with this obligation, We may have a right of action against you for compensation.
5.3. Please return the Products to Us: (a) within 14 days of receipt (if your goods are split into several deliveries over different days you have 14 days from the day you receive the last delivery); (b) in their original condition and with original packaging, unworn, unwashed and with all hygiene and ancillary labels attached and intact; and (c) with the original receipt or proof of purchase,
5.4. We would advise customers to make sure that they take extra care with underwear bodysuits. Where an item is going to be tried on, please ensure that this is done over your own underwear. In the interests of hygiene, We may refuse returns where it’s apparent this hasn’t been done. This provision does not affect your legal rights.
5.5. Where We have inspected the Products and are satisfied that the Products have been returned in accordance with clause 5.3 and 5.4 (as applicable) We will process the refund due to you as soon as possible and, in any case, within 14 days of the day We confirmed to you via e-mail that you were entitled to a refund or when we received the goods back (whichever is earlier). In this case, We will refund the price of the Product in full, excluding shipping costs.
5.6. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
6.1. Delivery: For accepted orders inside the Russian Federation Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6.2. Delivery: For all international orders we charge shipping cost according to carrier's rates (“Shipping Charge”). This Shipping Charge only covers the cost of Our shipping company to deliver the Products to you. The Shipping Charge does not cover the cost of any local authority customs duties or import taxes which will need to be paid by You.
6.3. International orders may be subject to local and national import taxes and duties which may be applied when the delivery reaches that destination and which are your responsibility where they apply. If so, the shipping company will contact you by telephone once your Products are in customs to let you know the cost. Be aware that this may delay your delivery time and if Products are held at customs it will be your responsibility to pay the necessary charges to any national or local authorities and to arrange the release of the Products. If you choose not to pay the necessary charges to local authorities to release the Products, We reserve the right to charge any additional costs incurred by Us to you. We have no control over these charges, as duties and taxes vary from country to country and may depend on what Products have been ordered. We are unable to provide you with an estimated cost and you should contact your local customs office for further information before placing your order. We will not refund to you any sums in respect of Products that are held at customs.
6.4. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
6.5. For more information on our delivery service including charges, the third party couriers we use and how the goods will be delivered please see our delivery information page.
7.1. The Products will be your responsibility and at your risk from the time of delivery and at your risk from the time we deliver the Products to our nominated courier.
7.2. Ownership of the Products will pass to you when We receive full payment of all sums due in respect of the Products, including delivery charges.
8.1. The price of any Products will be as quoted on Our Site from time to time, except in cases of obvious error.
8.2. These prices include taxes but the delivery costs are set out in paragraph 6 above and in the Delivery Information page on our website.
8.3. All prices on Our Site are displayed in Dollars USA (USD) and Russian Rubles (RUR).
8.4. All orders placed on Our Site will be charged in RUR regardless of the country you are in or the final shipment destination.
8.5. Prices are liable to change at any time, but changes will not affect orders in respect of which We have already sent you a Dispatch Confirmation.
8.6. Our Site contains a large number of Products and it is always possible that, despite Our best efforts, some of the Products listed on Our Site may be incorrectly priced. We will normally verify prices as part of Our dispatch procedures so that, where a Product’s correct price is less than Our stated price, We will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on Our Site, We will normally, at Our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.7. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. We may end the Contract and refund any sums paid by you. If the Products have been dispatched we can require you return them to Us.
8.8. Payment for all Products must be by credit or debit card. Your card will be charged at the time of placing your order.
8.9. If paying by an international credit card, the price displayed to you at the checkout is the price you pay. This will not vary at a later stage whatever currency fluctuations occur. Refunds will also be set at the price you paid not the price in the currency concerned at the date of refund. When using an international credit card, please be aware that your credit card provider or bank will set the conversion rate (which we have no control over) and may charge you additional fees such as, International Purchase Transaction Fees or similar currency conversion fees.
When you return a Product to Us:
(a) because you have changed your mind within the forteen-day cooling-off period (see clause 5.1 above), We will process the refund due to you as soon as possible and, in any case, within 14 days of the day, you have given notice of your cancellation. In this case, We will refund the price of the Product in full, excluding the cost of sending the item to you. However, you will be responsible for the cost of returning the item you live outside of the Russian Federation.
(b) for any other reason (for instance, because you claim that the Product is defective), We will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day, we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including the cost incurred by you in returning the item to Us.
10.1. We warrant to you that any Product purchased from Us through Our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2. Our liability for losses you suffer as a result of Us breaking this Contract is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of Us breaking the Contract. Losses are foreseeable where they could be contemplated by you and Us at the time your order is accepted by Us.
10.3. This does not include or limit in any way Our liability:
(A) FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;
(B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION;
(C) FOR BREACH OF THE TERMS (TITLE AND QUIET POSSESSION); OR
(D) FOR DEFECTIVE PRODUCTS UNDER THE CONSUMER PROTECTION
10.4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and Us and even if such losses result from a deliberate breach of these terms and conditions by Us that would entitle you to terminate the Contract between you and Us, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 10.4.
Applicable laws require that some of the information or communications We send to you should be in writing. When using Our Site, you accept that communication with Us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on Our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to Us under these terms and conditions must be given to WINGS project at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to Us when placing an order, or in any of the ways specified in clause 11 (above). Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13.1.We may transfer our rights and obligations under these terms and the Contract to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract within seven days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
13.2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside Our reasonable control (“Force Majeure Event“).
14.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following: (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government. (g) The breakdown of plant or machinery or any default by Our suppliers or sub-contractors.
14.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
14.4. If the Force Majeure Event prevails for a cumulative period of more than one month over a three-month period, any party may terminate the Contract by giving 7 days written notice to the other party. On the expiry of this notice period, the Contract will terminate. Such termination shall be without prejudice to the rights of the parties in respect of any breach of the Contract occurring prior to such termination.
15.1. If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2. A waiver by Us of any default shall not constitute a waiver of any subsequent default.
15.3. No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 (above).
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17.1. We intend to rely on these terms and your order. If you require changes, please make sure you ask them to be put in writing. This can help avoid any problems about what you expect from us and what we expect from You.
17.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or which might be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting Our business, any new Products, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities.
18.2. You will be subject to the policies and terms and conditions in force at the time that you order Products from Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify Us to the contrary within seven days of receipt by you of the Products).
All intellectual property rights in relation to our website and Products belongs to WINGS project and any reputation or goodwill arising as a result of any trade marks or marks affixed or applied to the Products or used on our website shall accrue to the sole benefit of WINGS project.
20.1. Contracts for the purchase of Products through Our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Russian law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall, subject to clause 20.3, be subject to the exclusive jurisdiction of the courts of Russian Federation.
20.2. For the avoidance of doubt, the United Nations Convention on the International Sale of Goods shall not apply to this agreement.
20.3. Nothing in this clause 20 shall limit Our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdiction preclude Us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.