ShopThis Public Offer shall remain in effect until the offer is accepted in a new version.
This document constitutes a public offer pursuant to Article 437 of the Civil Code of the Russian Federation and contains the Seller's proposal to enter into a retail sale and purchase agreement with any individual who has reached the age of 18, on the basis of reviewing the description of the Product presented on the Website.
In its activities, the Seller is guided by the provisions of the Civil Code of the Russian Federation on retail sale and purchase (Section 2, Chapter 30), the Law of the Russian Federation "On Protection of Consumer Rights," Federal Law No. 152-FZ dated 27 July 2006 "On Personal Data," as well as the Rules for Selling Goods under a Retail Sale and Purchase Agreement, the list of durable goods to which the consumer's demand for free provision of a replacement product with the same essential consumer properties during repair or replacement does not apply, and the list of non-food goods of proper quality that are not subject to exchange, as well as amendments to certain acts of the Government of the Russian Federation, approved by Resolution of the Government of the Russian Federation No. 2463 dated 31 December 2020, and other legal acts of the Russian Federation.
Consumer protection legislation applies to the Buyer if the Product was acquired for personal, family, household or other use not related to entrepreneurial activity.
Where the terms of the Offer contain clauses with active hyperlinks to specific thematic sections of the Website containing more detailed information and/or terms defining the rights and obligations of the Buyer and the Seller, the terms posted via such hyperlinks shall form an integral part of the Offer. Providing access to certain parts of this Offer by means of active hyperlinks is a generally accepted way of publishing information on the Internet.
"Seller" - NAKITA LLC, TIN 7813678204, KPP 781301001, OGRN 1247800015737, registered address: Premises 8N/9N, Building Z, 2 Aptekarskiy Ave., Municipal Okrug Aptekarskiy Ostrov, Saint Petersburg, 197022, Russian Federation.
"Buyer" or "User" - an individual aged 18 or older who purchases Products exclusively for personal needs not related to entrepreneurial activity and who has entered into the Agreement with the Seller on the terms contained in this Offer.
"Online Store" - the website owned by the Seller and located on the Internet at https://www.semplery.com/, where the Products offered by the Seller to Buyers are presented.
"Offer" - this document, which is the Seller's public proposal addressed to any individual to enter into a retail sale and purchase agreement for a Product by remote means (the "Agreement") on the terms contained in the Offer, including all appendices thereto.
"Acceptance" - the Buyer's full and unconditional acceptance of the terms of the Offer. Acceptance shall be deemed to occur when the Buyer places an Order for the Product offered by the Seller, provided that all information necessary for the Seller to confirm the Order is supplied, or when the Offer is accepted upon registration on the Website, whichever occurs first.
Placing an Order or accepting the Offer upon registration on the Website means that the Buyer accepts and agrees to the terms of this Offer in full, without any limitations, exclusions, reservations or exceptions.
"Order" - a document defining the set of Products to be purchased by the Buyer and confirming the Buyer's intention to purchase a specific Product / set of Products, formed by the Buyer by filling out the electronic form presented on the Seller's Website or formed by the Seller on the basis of information communicated by the Buyer orally by calling the telephone number indicated on the Website.
"Delivery" - services for delivering the Product to the address indicated by the Buyer and handing it over to the Buyer or to the person specified by the Buyer.
"Courier Service" - a third party designated by the Seller to deliver the Product to the Buyer.
"Website" - a set of electronic resources available for viewing by Buyers on the Internet under the domain www.semplery.com.
"Card" - the Buyer's bank card, which is an electronic means of payment allowing the Buyer to use it to pay for the Product purchased from the Seller under the Agreement.
"Personal Account" - the Buyer's personal section in the Online Store; in the Personal Account the Buyer tracks all of his or her orders.
The Buyer gains access to the Personal Account upon registration in the Online Store, subject to mandatory confirmation of the telephone number indicated by the Buyer during registration on the Website by sending the Seller the code received by SMS, as well as review of NAKITA LLC's Personal Data Processing Policy and the Buyer's consent to the processing of personal data.
"Product" - a product bearing the semplery trademark, duly introduced into civil circulation, the assortment of which is offered for sale in the Online Store and which does not belong to goods whose free sale or sale by remote means is prohibited and/or restricted.
"Promotion" - a temporary reduction by the Seller of the Product price on the terms specified by the Seller.
In view of the importance of the above, any person interested in purchasing a Product on the terms set out in this Offer is strongly advised to carefully review the text hereof and, in case of disagreement with any clause, refrain from purchasing the Products offered by the Seller.
1.1. The Seller undertakes to sell, and the Buyer undertakes to accept and pay for, the Product at the prices indicated in the Product description on the relevant page of the Seller's Website as of the date of placing the Order, on 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 the Seller receives the Buyer's communication of intent to purchase the Product in the form of a completed Order, provided that all information necessary for the Seller to confirm the Order is supplied, the Buyer's telephone number is confirmed, and consent to personal data processing is given. The Agreement applies exclusively to the Product, assortment and quantity of which are confirmed in the Order confirmation sent in accordance with Clause 4.3 of the Offer. Each individual Order constitutes an Agreement concluded on the terms of the Offer.
1.2. The image, description and cost of the Product, information on its availability, sizes, possible colors and composition are indicated on the Seller's Website. Photographs of the Products and their descriptions are the property of and/or subject to other rights of the Seller.
The Website also contains information on the main consumer properties of the Product and the address (location) of the Seller, information on the place of manufacture of the Product, the full company name (name) of the Seller, the conditions for purchasing the Product, its delivery, service life, shelf life, the procedure for paying for the Product, and the period during which the offer to conclude the Agreement remains valid.
1.3. All information materials presented on the Seller's Website are for informational purposes only and may not fully convey reliable information about certain properties and characteristics of the Product, such as color, shape, size, packaging and other characteristics. If the Buyer has any questions regarding the properties and characteristics of the Product, before concluding the Agreement the Buyer may seek advice by calling the Seller at +7 981 110 00 74.
1.4. The Product may have minor differences from the image presented on the Website in color, shape, size or other parameters. The Product has all necessary certificates and fully complies with the norms and requirements of the legislation of the Russian Federation.
1.5. Sale of the Product under the terms of the Agreement is carried out in real time (24/7). The Seller has the right at any time to change the cost of the Product and information on its availability at its own discretion. After the Buyer has placed the Order, the price of the Products indicated in the Order may not be changed.
1.6. If the Product is out of stock, the Seller must notify the Buyer thereof, and the Buyer may replace it with another product or cancel the order.
1.7. To place an Order using the Seller's Website service, the Buyer must register in the Online Store and open a Personal Account. During registration, the Buyer must provide personal data including surname, first name, patronymic, email address, contact mobile phone number, and confirm the phone number by sending the Seller the code received from the Seller by SMS.
1.8. The Seller shall not be responsible for the accuracy and correctness of the information provided by the Buyer during registration. Unless proven otherwise, the information provided by the Buyer when registering the Personal Account shall be deemed accurate and reliable.
1.9. A Buyer registered on the Seller's Website creates an individual identification through the Website functionality by providing a unique login and entering a password. Individual identification is intended to prevent unauthorized actions by third parties on behalf of the Buyer and gives the Buyer access to additional services provided on the Seller's Website.
At the Seller's discretion, two-factor identification may be introduced, the procedure for which shall be determined by the Seller and indicated on the Website.
1.10. The Buyer is solely responsible for the security (resistance to guessing) of the password chosen for accessing the Personal Account and shall independently ensure its confidentiality. The Buyer is solely responsible for all actions (and their consequences) performed within or using the login and password necessary to access the Personal Account.
At the same time, all actions within or using the Personal Account shall be deemed performed by the Buyer, except where the Buyer notifies the Seller of unauthorized access to the Personal Account using the Buyer's login and password and/or of any breach (or suspicion of breach) of confidentiality of the Buyer's access credentials to the Personal Account by sending an email to semplery@yandex.ru or calling +7 981 110 00 74.
In the latter case, the Seller shall suspend operations within the Personal Account, including access thereto, until the Buyer changes the password in accordance with the instructions posted on the Website.
1.11. The Seller reserves the right to delete inactive Buyer accounts unilaterally without notifying the Buyers.
1.12. By placing an Order, the Buyer consents to the processing of his or her personal data both by the Seller and by persons authorized by it, in accordance with NAKITA LLC's Personal Data Processing Policy and the Personal Data Processing Consent form posted on the Seller's Website.
2.1. The Seller undertakes to sell the Product specified by the Buyer in the Order, provided such Product is available from the Seller.
2.2. The Buyer undertakes to independently monitor amendments and additions to this Offer and to NAKITA LLC's Personal Data Processing Policy.
2.3. Before concluding the Agreement, the Buyer must review all information specified in Clause 1.2 of the Offer with respect to the ordered Product.
2.4. The Buyer may opt out of receiving information from the Seller by changing the settings in the Personal Account on the Website or by contacting support by sending an email to semplery@yandex.ru or calling +7 981 110 00 74. In the latter case, in order to unsubscribe, the Buyer must communicate to the Seller the mobile phone number/email address for which the subscription was registered.
2.5. The Seller may amend the terms of this Offer and/or NAKITA LLC's Personal Data Processing Policy by posting a new version of the relevant documents (amendments and/or supplements thereto) without prior notice. Any actions performed by a Participant / Buyer in the Personal Account shall mean review and unconditional acceptance of such amendments.
Relations between the Participant / Buyer and the Seller that are not regulated by this Offer shall be governed by the legislation of the Russian Federation. Amendments shall enter into force for Buyers and third parties from the date the text of the new version of the Offer is posted on the Seller's Website or from the date specified in the new version of the Offer.
3.1. The Buyer places an Order for the Product independently using the Seller's Website service.
3.2. When placing an Order, the Buyer undertakes to provide the Seller with the following information:
surname, first name and patronymic of the Buyer or of the person designated by the Buyer (recipient) (in Russian);
actual delivery address of the Product;
Buyer's email address (when placing an Order on the Website);
contact phone number of the Buyer or of the person designated by the Buyer (recipient);
Product name, article number, brand, type, quantity of items included in the set of the purchased Product, and Product price.
3.3. Receipt of the Order from the Buyer shall be confirmed by the Seller in one of the following ways:
by SMS sent to the phone number indicated by the Buyer (if technically possible to send an SMS to such number);
by email sent to the address indicated by the Buyer.
At the same time, the Order shall be accepted by the Seller for fulfillment only after agreeing on the Order contents, its cost and the delivery method, and after the Seller notifies the Buyer of the acceptance of the Order.
3.4. Orders are placed subject to the Product being in stock, such Product being deliverable to the region or pickup point selected by the Buyer, no defect or assorting mismatch being identified during processing, and no other circumstances preventing delivery of the Product.
In the above cases, the Seller must immediately notify the Buyer thereof, and the Buyer may refuse the sale and purchase agreement or agree on new delivery terms by placing a new Order if the Product is available for sale.
Failure to place a new Order for the Product within 30 calendar days from cancellation of the Order shall be deemed the Buyer's refusal of the sale and purchase agreement with respect to the Products for which performance has become impossible.
The Seller may cancel the Order if there are grounds to believe that the Buyer's data were unlawfully used by third parties, including for payment of the Order.
3.5. The Seller may cancel the Order if there are grounds to believe that discounts granted to the Buyer or other persons were used improperly.
3.6. When an Order is placed, it is assigned an individual number. The Buyer may track the status of the Order (including information on the date the order was formed, the shipment date, etc.) in the Personal Account or by calling the Seller at +7 981 110 00 74.
4.1. When placing an Order, the Buyer must choose the method of payment for the Product.
4.2. Prepayment for the Product by Card when the Buyer independently places an Order on the Seller's Website may be made in one of the following ways:
by carrying out a payment transaction for the Product using the Card in the manner established by the legislation of the Russian Federation and the agreement between the credit institution that issued the Card and the Buyer;
by carrying out transactions using electronic money in accordance with Federal Law No. 161-FZ dated 27 June 2011 "On the National Payment System."
4.3. When the Product is prepaid by Card on the Seller's Website, as well as in other cases provided for by the legislation of the Russian Federation, the Seller shall send the Buyer a cash receipt (or another document confirming payment in accordance with the legislation of the Russian Federation) in electronic form to the phone number or email address provided in the Personal Account.
5.1. The terms of Product Delivery and its cost are established by the Seller and posted on the Website in the "Product Delivery" section. The final cost of the Order, including the delivery cost for the method selected by the Buyer, is calculated individually depending on the Order volume, delivery address and the cost of the Courier Service and is communicated to the Buyer at the time the Order is confirmed. The delivery cost may be changed if the delivery address of the Order and/or the Order volume changes.
Delivery shall be paid by the Buyer simultaneously with payment for the Order.
5.2. Delivery of the Product may be performed by the Seller using Courier Services. The delivery period is established by the relevant Courier Service in accordance with the Rules for the provision of services posted on the Courier Service's website.
5.3. Upon Delivery, the Order shall be handed directly to the Buyer or to another person designated by the Buyer as the recipient of the Order.
5.4. Upon handover of a prepaid Order, the Courier may, for the purpose of preventing fraud, request identity documents of the recipient. At the same time, the Seller guarantees the confidentiality and protection of the recipient's personal information.
5.5. Upon Delivery of the Product, the recipient must inspect the integrity of the outer packaging of the parcel, and then indicate the date and sign the waybill form, thereby confirming the absence of claims regarding the external appearance and integrity of the packaging. The Buyer must ensure that all actions required to receive the Product are completed within no more than 15 minutes from the Courier's arrival at the Delivery location.
5.6. The Order shall be deemed delivered at the moment it is handed over to the Buyer and the Buyer signs the relevant waybill or product handover-acceptance certificate. By accepting the Product, the Buyer confirms that the Seller has properly fulfilled the Order.
6.1. The Buyer may refuse the Product at any time before it is handed over and, after handover of the Product, within seven days.
6.2. If the Buyer refuses the Product, the Seller must return to the Buyer the amount paid by the Buyer for the relevant Product under the Agreement, except for the Seller's expenses for delivery of the returned Product from the Buyer (if any).
6.3. When returning the amount of prepayment made by the Buyer on a cashless basis, including when electronic money was used to pay for the Product, bank and other fees paid by the Buyer in this connection shall not be reimbursed by the Seller.
6.4. Return of a Product of proper quality shall be carried out in accordance with Law of the Russian Federation No. 2300-1 dated 7 February 1992 "On Protection of Consumer Rights" within 7 days.
6.5. Return of a Product of proper quality is possible if such Product has not been used; its marketable condition, consumer properties, seals and factory tags have been preserved; and a sales receipt, cash receipt or other document confirming payment for the Product is available. The absence of a sales receipt, cash receipt or other payment confirmation document shall not deprive the consumer of the opportunity to rely on other evidence of purchase of the Product.
If the marketable condition, consumer properties, seals or factory tags of the returned Product have not been preserved by the Buyer, such Product shall not be accepted for return by the Seller, and accordingly the Seller shall be released from the obligation to refund the Buyer for such Product.
6.6. The Buyer may not refuse a Product of proper quality that has individually determined properties if such Product can be used exclusively by the Buyer acquiring it.
6.7. The Product shall be returned by the Buyer by sending it to the Seller via the CDEK courier service in accordance with the terms posted on the Product Return Terms page. Return of the Product cash on delivery is not allowed. If the Buyer violates this condition, the Product return shall be deemed not to have been performed by the Buyer, and the Seller shall be released from the obligation to receive such shipment and to pay any refund.
6.8. The Buyer may refuse a Product of improper quality within the period established by the Law of the Russian Federation "On Protection of Consumer Rights." The Buyer must notify the Seller thereof by phone at +7 981 110 00 74 and by email at semplery@yandex.ru. Return shipment of the Product shall be at the Buyer's expense.
After receiving the Product and confirming the existence of the declared defects not caused by the Buyer, the Seller undertakes to reimburse the costs of return shipment of the Product no later than 10 days from the date the Buyer makes the relevant demand, provided that the returned Product arrives at the Seller's warehouse and the Buyer provides documents confirming the expenses for sending (shipping) the Product.
6.9. Refunds for Products prepaid by Card shall be made to the same Card used for payment.
6.10. If the Order and Products prepaid by Card and sent to the Buyer for receipt are not received by the Buyer within 6 (six) calendar days from delivery, the Seller may unilaterally terminate the sale and purchase agreement and return the money to the Buyer to the Card used for payment, less the costs of processing and delivering such Order.
7.1. Title to the Product, as well as the risk of its accidental loss or damage, shall pass to the Buyer at the moment the Buyer signs the waybill for handover of the Product with respect to which the Agreement was concluded between the Seller and the Buyer.
8.1. The Seller undertakes to process the Buyer's personal data in the manner established by the current legislation of the Russian Federation in the field of personal data protection and NAKITA LLC's Personal Data Processing Policy.
8.2. The Buyer may withdraw consent to storage and processing of personal data by sending the Seller a statement certified by the Buyer's personal signature indicating the full name, contact details and passport details of the Buyer, and the date and method by which the personal data were provided to the Seller. A sample statement is available via the link.
9.1. All text information and graphic images posted on the Seller's Website, the Website itself and any of its elements are the property of and/or subject to other rights of the Seller. Use by any third parties of the Website and/or its elements, as well as the above information and/or images without the Seller's consent, constitutes a violation of the Seller's rights and may result in liability under the current legislation of the Russian Federation.
9.2. If any provision of this Public Offer loses legal force as a result of operation of a law, rule or instruction adopted by the Government of the Russian Federation or another authorized body, or as a result of a court decision that has entered into legal force and was rendered by a court having the relevant authority, this shall not affect the legal force of any other provisions that have not been declared invalid in the prescribed manner.
10.1. Neither Party shall be liable for non-performance or partial performance of its obligations if caused by force majeure circumstances, namely natural disasters (earthquakes, floods, etc.), war and any military actions, blockade, prohibition on export and import of the Product, epidemic (pandemic), prohibitions and/or restrictions established by authorized bodies, or any other circumstances beyond the parties' control.
The time limits provided for performance of obligations under the Offer shall be extended for the duration of the force majeure circumstances.
10.2. The Party for which performance of its obligations has become impossible shall immediately notify the other Party thereof in writing, indicating the start time and end time of the circumstances preventing performance of its obligations.
10.3. If the above circumstances continue for more than 3 months, each of the parties shall have the right to refuse further performance of its obligations, and neither party shall have the right to claim compensation for possible losses.
11.1. The Buyer shall be responsible for the content and accuracy of the data provided when concluding the Agreement. The Seller shall be released from liability for breach of the Delivery terms if the Buyer provides inaccurate information about himself or herself when concluding the Agreement.
11.2. Failure by the Buyer to fulfill the obligation to make prepayment for the Product within the period specified in this Offer shall be regarded by the Parties as the Buyer's unilateral refusal to perform the Agreement, which shall mean unilateral termination of the Agreement concluded between the Buyer and the Seller (at the Buyer's initiative) and shall entail termination of the Seller's obligation to sell the Product to the Buyer on prepayment terms, as well as termination of the Buyer's right to demand sale of the Product on prepayment terms.
The Seller may cancel the relevant Order.
11.3. The Seller shall not be liable for improper use by the Buyer of the Products purchased under the Agreement.
11.4. The Seller reserves the right to refuse to enter into the Agreement with the Buyer if the Buyer systematically refuses to receive previously ordered Products, which is treated as abuse of rights.
11.5. Employees of the Seller's support service provide Buyers with information only within the framework of the terms of this Offer.
12.1. If the Buyer has any questions for the Seller, the Buyer may raise them in one of the following ways:
12.2. In the event of disputes and disagreements arising from this Offer and the sale and purchase agreement for goods, the Seller and the Buyer undertake to apply a claim-based pre-trial procedure by sending a written claim. Claims addressed to the Seller shall be sent to the addresses indicated below in Article 15. Claims addressed to the Buyer shall be sent to the contact addresses specified by the Buyer when registering the Personal Account.
If the dispute cannot be resolved in the claim procedure, the Parties may apply to a court.
13.1. This version of the Offer enters into force on 1 January 2025 and shall remain effective until the Seller decides to amend or terminate this Offer.
Company Name: NAKITA LLC
TIN: 7813678204
KPP: 781301001
OGRN: 1247800015737
Registered Address: Premises 8N/9N, Building Z, 2 Aptekarskiy Ave., Municipal Okrug Aptekarskiy Ostrov, Saint Petersburg, 197022, Russian Federation
Bank: PJSC Bank Saint Petersburg
Account Number: 40702810590220001166
Correspondent Account: 30101810900000000790
BIC: 044030790
Email: SEMPLERY@YANDEX.RU
Phone: +7 981 110 00 74
