Terms & Conditions
Last updated: January 30, 2017
Welcome to skazkamart.com. By using the Website you agree to be bound by these Terms and Conditions and any Orders placed by you are bound by these Terms and Conditions. Given this, please be sure to read and make sure you understand the Terms and Conditions prior to placing an Order with us. We would particularly like to draw your attention to the following important clauses: clauses 1 and 2 which relate to the products that we sell online; clauses 3 and 6, which relate to pricing and payment methods; clause 5 which concerns the order process; clauses 7 and 8 which discusses delivery of your Order; clauses 9 to 12 (inclusive) which cover the cancellation, return and refund of an Order; and clause 17 which discusses liability and indemnity. If you do not agree to these Terms and Conditions, please do not use the Website.
The Website is provided solely for your personal use. You may not use the Website for any commercial purpose. We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions from time to time and it is your responsibility to check these Terms and Conditions from time to time for changes. We may modify or withdraw, temporarily or permanently, the Website (or any part of it) and we shall not be liable to you or any third party for any modification to or withdrawal of the Website. If you do not agree to our right to change the Website or the Terms and Conditions from time to time, please do not use the Website.
Please note that these Terms and Conditions do not affect your statutory rights as a consumer.
All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the "Content") belongs to SkazkaMart (or is licensed to SkazkaMart). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without SkazkaMart' prior written permission.
You agree that any information you submit to the Website including Personal Information shall not be misleading and shall be true and accurate in all respects. If you submit to the Website any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become SkazkaMart' property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libellous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Website and we reserve the right to remove any material you have placed on the Website or to deny you access to the Website at any time in our sole discretion.
1. Product Descriptions on our Website
1.1 We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.
2. Product Availability
2.1 The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock before we accept your Order, then SkazkaMart shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
2.2 If, due to unforeseen circumstances or in the event of supply difficulties it is necessary to substitute a perishable Product (please note that this includes perishable Products supplied as part of a hamper), the Product will be of equal or greater value than that which it replaces, albeit at no extra cost to you. If you receive the substitute Product and do not want to accept it, then we will reimburse you for the cost and return of that Product.
3. Pricing Policy
3.1 Product prices shown on the Website are in Russian Roubles, US Dollars, British Pounds, Hong Kong Dollars, Chinese Yuan, Australian Dollars, Euros, Canadian Dollars or Singapore Dollars, at the appropriate rate, and are correct at the time that the Product Description was first entered on to the Website. Product prices shown on the Website in US Dollars, British Pounds, Hong Kong Dollars, Chinese Yuan, Australian Dollars, Euros, Canadian Dollars or Singapore Dollars are based on the price of the Product (in Russian Roubles) set at the beginning of each day and applying the existing currency exchange rate. Product prices shown on the Website (irrespective of which currency you choose to pay in) may change from time to time, for example, if the applicable currency exchange rate changes before your Order is accepted or the Product you are ordering is subject to a promotional discount or offer which is either applied or withdrawn during the selling period. Please also be aware that the price of a Product may change at checkout if it is subject to any taxes, duties, fees, levies or delivery charges applied in the country you have selected for delivery of your Order (as described in more detail in clauses 7 and 10 below).
3.2 Although we try to ensure all our Products' prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced Product as cancelled.
4. Age restrictions
4.1 We cannot sell the following Products to persons under the age of eighteen (18): knives.
4.2 We cannot sell the following Products to anyone under the age of sixteen (16): chocolate containing liquor, Christmas crackers or cracker snaps or party poppers.
4.3 CDs or DVDs cannot be sold to anyone under the age certificate specified on the Product.
4.4 By placing an Order for age-restricted Products such as the above, you warrant that you meet the age requirement for that Product and, in any event, you are at least sixteen (16) years old and the information you provide is truthful and correct. It is an offence to buy or attempt to buy age-restricted Products if you are under age or to purchase such Products for someone else who is under age.
4.5 We reserve the right not to sell or deliver any age-restricted Product to anyone who is, or appears to be, under the required age.
4.6 If you have purchased an age-restricted Product and have ordered it using the SkazkaMart' 'Click & Collect' service, proof of ID may be requested upon collection of that Product.
5. Order process
5.2 The technical steps to place your Order and create a contract of sale between you and SkazkaMart are, as follows:
a) You place an Order on the Website by pressing the 'Proceed to checkout' button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.
b) We will send you an email confirming your Order which will detail the Product(s) (including their Product Descriptions) that you have ordered. This email does not constitute an acceptance of your Order by us.
c) As your Order is shipped by us we will send you a despatch confirmation email. Please note, that we may also send you an SMS to notify you that your Order has been despatched. Alternatively, in relation to our 'Click & Collect' service, we will send you an email (as well as possibly an SMS) to confirm that your Order is ready for collection. Upon sending either of these emails, your Order will be taken to have been accepted by us unless we have notified you that we do not accept your Order, or you have cancelled it.
d) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address or make it available for collection on the date and time nominated by you.
5.3 The contract between you and SkazkaMart will be concluded in English and subject to the laws of Russia and the jurisdiction of the Russian courts. The contract will complete and title in the Product(s) of your Order (and so risk of loss or damage to such) will pass to you on the later of:
a) the date on which we receive payment in full for the Product(s); or
b) the date and time of collection of it from a 'Click & Collect' collection point or delivery by us to your nominated address.
5.4 We shall be entitled to supply Products ordered as part of one Order in instalments and each instalment shall be deemed to constitute a separate contract between you and us. This may mean that Products are dispatched or available for collection separately. We also reserve the right to supply only part of an Order.
5.5 Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:
a) A Product you ordered is out of stock;
b) We are unable to obtain authorisation for your payment;
c) We have identified an error with a Product Description;
d) You are not eligible to order a Product, as set out in clause 4 above;
e) There is a system or procurement failure;
f) You fail our customer validation checks; or
g) There are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you.
6. Payment and payment methods on the Website
6.1 You can currently pay in Russian Roubles, British Pounds, US Dollars, Hong Kong Dollars, Chinese Yuan, Australian Dollars, Euros, Canadian Dollars or Singapore Dollars.
6.2 We accept payment for Orders by PayPal.
6.3 By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorisation; to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.
7.1 You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
7.2 All parcels will be delivered by us and will require a signature on delivery.
7.3 Please note, if you choose to use any of our delivery partners’ personalised services (including but not limited to having your parcel delivered to a neighbour or left in a safe place), SkazkaMart shall not be held liable for any items which are lost, damaged or delayed.
7.4 Please note that delivery of your Order may take longer during sale or other busy periods, but you will be notified if this is the case.
International Delivery Destinations
7.5 You may request international delivery of your Order. For the purposes of these Terms and Conditions, we consider "international delivery" to relate to the delivery of your Order to a country outside of the Russia. For the full list of countries that we currently deliver to, please see our International Delivery section. You may select the international delivery option at the end of the checkout process, and by specifying a delivery address outside of Russia.
International Delivery Charges
7.6 We will notify you of the international delivery charge(s) applicable to your Order at checkout and the amount will be added to the total amount of your Order.
International Delivery Lead Times
7.7 Delivery lead times of your Order to an international address will vary according to its destination.
7.8 We will make every effort to deliver your Order within the estimated timescales. However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, import delays or higher than anticipated demand. SkazkaMart shall not be liable for any delay or failure by us to deliver your Order within the estimated timescales as a result of such delays.
8. SkazkaMart 'Click and Collect'
8.1 SkazkaMart 'Click & Collect' is a complimentary collection service available in our store.
8.2 The SkazkaMart 'Click & Collect' service allows you to choose a collection date up to fourteen (14) days in advance of when you would like to collect your Order. You can choose your date for collection at checkout. We can only offer next day collection from 12pm on Orders placed before 10pm on the previous day. However, please note that for certain Products or during busy periods, it may not always be possible to offer you next day collection. In such circumstances, we will show you the earliest available collection date for your Order at checkout.
8.3 We will make every effort to make your Order available for collection within the estimated timescales. However delays are occasionally inevitable during sale or other busy periods or due to unforeseen factors or events outside our control, for example, extreme weather, a flood or fire. SkazkaMart shall not be liable for any delay or failure to make your Order available for collection within the estimated timescales.
8.4 After you have received an email from us notifying you that your Order is ready for collection, please collect your Order from the designated collection point in the store where you asked for your Order to be sent. Please see your 'ready for collection' email for details of where the collection point is located.
8.5 When collecting your Order from a store please make sure that you bring the payment card that you used to place the Order and your 'ready for collection' email.
8.6 You can ask a friend to collect an Order on your behalf, but please make sure that they have a copy of your 'ready for collection' email as well as their passport or photo driving licence.
8.7 Orders placed using our 'Click and Collect' service will be treated as a Russia Order.
8.8 If you fail to collect your Order within fourteen (14) days of your collection date, your Order will be returned to our distribution centre and will no longer be available for collection. Please note that in relation to certain Products this period may be shorter and we would advise that you check a Product's Description for further details. If you fail to collect your Order within the set period of time then we will automatically refund the original purchase price of your Order. Please refer to our Refund Policy below for more information.
9. Contract cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges)
9.1 If you are Russian customer, you have the right to cancel your contract at any time up to fourteen (14) days after the day on which you receive your Order. If you place an Order for several Products and they are delivered separately then your fourteen (14) days will start the day after you receive the last Product on your Order.
Cancellation before dispatch or notification of collection
9.2 If, for any reason, you wish to cancel your contract before your Order has been dispatched or you have been notified that it is available for collection, then you need to let us know. In order to do so, you can let us know by contacting SkazkaMart' Customer Services team here help@Skazkamart.com or call us at +7916-491-06-73. Once we have received notification from you of your wish to cancel your contract, subject to any monies having been taken from you, we will refund you the original purchase price and delivery charge for your Order within fourteen (14) days.
Cancellation after dispatch or notification of collection
9.3 As it is our policy to try to process your Order immediately it may not always be possible to stop an Order from being dispatched or made available for collection. If you decide to cancel your contract and your Order has already been despatched or you have been notified that it is ready for collection, then you need to let us know within fourteen (14) days after the day on which you receive or collect your Order. You can notify us by using any one of the options identified in clause 9.2 above. Once we have received notification from you of your wish to cancel your contract, you then have a further fourteen (14) days to return your Order to us.
If you are a Non-Russia customer, then clauses 9.1 to 9.3 (inclusive) do not apply to you. In the event that you do not wish to keep your Order, you need to send this back to us within fourteen (14) days after the day on which you receive your Order. For more information on how to do this, please see our Return Policy.
10. Returns Policy
10.1 Products must be returned in a saleable condition meaning that they must be unused and in their original packaging with garment tags and any other security devices or seals still attached and intact. We reserve the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product, its tags, security devices or seals have been used, removed, broken or tampered with.
10.2 Please note that your right to cancel or return a Product does not apply to personalised, perishable or time critical Products. The following list provides a non-exhaustive list of the types of Products you cannot cancel or return:
a) Products which have been made to measure, altered, or personalised to your specification;
b) Newspapers, periodicals or magazines (with the exception of a subscription contract for such publications);
c) Food, beverages and other perishable goods;
d) Unsealed audio or video recordings (such as CDs, DVDs).
10.3 Please note that clauses 10.2 do not apply to faulty or incorrectly supplied Products where your statutory rights are unaffected.
How to return an item
Process and payment for returning a Russia Order
10.4 Please use the returns address label (found at the bottom of your delivery note) and attach it to the outside of your returns package and send this package to our store. Please note that SkazkaMart' cannot be liable for any Products that go missing as a result of your failure to use this label.
Process and payment for returning an International Order
10.5 If your Order was delivered to you outside Russia and you now wish to return it, in your Order's original delivery parcel you will find a delivery note. Please be aware that this delivery note asks for information in order for Russian customs to pass your Order through as a return, so it is really important that you complete it accurately and in full. To complete the delivery note, please that ensure you:
a) Identify which Product(s) in your Order you want to return.
b) Cross out any Product(s) you are not returning.
c) For the Product(s) you are returning, fill in the 'Quantity returned' and 'Return value' fields which are left blank for you (this is in case you purchased a multiple number of the same Product).
d) Fill in the 'Return code' field which can be found on the reverse of the delivery note.
10.6 After you have filled in the delivery note, place it in the clear plastic envelope and attach it to the outside of your returns package.
10.7 If the steps outlined above are not followed, in particular if the delivery note is not completed in full and attached to the outside of your returns package using the enclosed clear document envelope, this may result in a loss or delay to us receiving your returned Product(s). We will not be able to process a refund until we have received your returns package.
10.8 Should you choose to return your Order through any process (including a different carrier or postal service), any cost associated with that, as well as the risk, loss or damage to your Order will be at your own liability.
10.9 You can also return your Order to our store. Please ensure that you bring the delivery note that you got with your Order and your payment card (unless you paid by PayPal) when returning an Order to our store.
10.10 Please note we will not reimburse any costs incurred by you in returning your Order to our store.
10.11 If you wish to return an Order that you purchased using PayPal, you can return it to us by post, in which case, you must follow the processes outlined above. We will then process a refund directly to your PayPal account. You can also return your Order to our store, in which case, your refund will be given on a gift card.
11. Refunds policy
Refunds on Russia Orders
11.1 Within fourteen (14) days of us receiving your Order back by post, or receiving proof from you that your Order was returned to us, we will refund you the original purchase price and delivery charge for your Order, provided that you return the Product(s) to us in a saleable condition.
11.2 Refunds will be issued back to you as follows:
a) If you paid for your Order using a credit or debit card then your refund will be made back to the same card irrespective of whether you return your Order via post or to one of our stores. This will appear in your account within five (5) days depending on your card issuer.
b) If you originally paid for your Order using your PayPal account and returned it to us via post, then your refund will be made back to your PayPal account. However, if you return an Order which you paid for using your PayPal account to our store, then your refund will be put on a gift card.
11.3 Subject to the delivery option that you selected when first placing your Order, we will also refund you one of the following:
a) If you chose and paid for Standard Delivery of your Order, then we will refund you the full cost of this.
b) If you chose and paid for alternative delivery of your Order, then it is at our sole discretion as to whether we refund you this delivery charge. At the very least you will be refunded the cost of what the Standard Delivery for your Order would have been.
c) Please note that if you chose our 'Click & Collect' service, there would have been no delivery charge for your Order and so no refund for delivery will be necessary.
d) If you are only returning part of your Order which was delivered to the same address, then there will be no refund for delivery.
Refunds on International Order
11.5 If you placed your Order online and paid for it to be delivered to a Non-Russia country, then within fourteen (14) days of receiving your Order back by post we will refund you the original purchase price for your Order, provided that you return the Product(s) to us in a saleable condition. Please note that we will not refund the original delivery charge or any applicable local customs duties charged to you at checkout and paid to your local customs authority. Certain countries permit refunds of customs duties paid on Products you subsequently return. However, you will need to apply to your local authority to process that.
Promotional discounts and refunds
11.6 If a promotional discount applied to your Order originally, then the same discount will be applied to each Product of your Order that you return. This means that you will only be refunded the amount that you originally paid for your Order or any given Product. Further, any free promotional gift given with an Order must also be returned if you are returning the Product(s) to which the gift related.
12. SkazkaMart Account, Personal Information and security
12.1 When you register for a SkazkaMart Account, you warrant that:
a) The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
12.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
12.3 You are fully responsible for maintaining the confidentiality of your SkazkaMart Account and Personal Information, and all activities that occur in relation to your SkazkaMart Account and Personal Information. You agree to immediately notify us of any unauthorised use of your SkazkaMart Account or Personal Information and, any breach of security or misuse, or suspected breach of security or misuse of such. Please ensure that you exit from your SkazkaMart Account at the end of each session if you use a shared computer. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
13. Linking to the Website
13.1 You must not establish any link to the Website to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you.
13.2 The Website must not be framed on any other site, and you may not create a link to any part of the Website other than the home page.
14. Compliance with Laws
14.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
15. Liability and Indemnity
15.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
15.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.
15.3 If the fulfilment of an Order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, or you fail any of our fraud detection or anti money laundering detection checks, SkazkaMart has the right to stop or cease to fulfil the Order (or part thereof) at any time and shall incur no liability in such circumstances.
15.4 You have certain rights as a customer, including legal rights relating to faulty or misdescribed goods. Nothing in these Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these Terms and Conditions with reasonable care and skill.
15.5 Any Orders delivered to you will be of satisfactory quality. However, if we deliver an Order that is not of satisfactory quality, you can:
a) contact us for a full refund within thirty (30) days of delivery; or
b) contact us for a repair or replacement.
15.6 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the material or Content on the Website, a Product, or the conduct of other Users of the Website, even if SkazkaMart has been advised of the possibility of such damages.
15.7 The Website may also contain links to other websites, which are not operated by SkazkaMart. When you activate any of these you will leave the Website and we have no control over, and will not accept any responsibility or liability in respect of, the material on any website which is not under our control.
15.8 You agree to fully indemnify, defend and hold us and our agents, officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions (including Community Area Rules) by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your SkazkaMart Account and/or your Personal Information.
15.9 We may terminate your use of the Website immediately if we consider that you have breached these Terms and Conditions.
15.10 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
16. Comments and Complaints Procedure
17.1 We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
17.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
17.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.
17.4 SkazkaMart reserves the right to amend, remove or vary the Website, any page of the Website, any Content on the Website, or any service offered on the Website at any time and without notice.
18. Entire Agreement
18.1 These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and SkazkaMart. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a General Director of Skazka LLC. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory tights are not affected by these Terms and Conditions.
19. Our details
19.1 Skazka is registered in Russia with company number 1107746149686. Its registered office is 51 Arbat street, Moscow, 119002 Russia. Its call centre details are: telephone +7 916 491 0673 or email email@example.com.
20.1 The following definitions shall apply to these Terms & Conditions:
"EU" means the following European Union nation states: Austria, Belgium, Bulgaria, Croatia, Cyprus (excluding the UN buffer zone and the part of Cyprus to the north of the buffer zone where Republic of Cyprus does not exercise effective control but including the UK Sovereign bases of Akrotiri and Dhekelia), Czech Republic, Denmark (excluding the Faroe Islands and Greenland), Estonia, Finland (excluding the Åland Islands), France (excluding Martinique, French Guiana, Guadeloupe, Reunion, St Pierre and Miquelon), Germany (excluding the island of Heligoland, and Büsingen), Greece (excluding Mount Athos (also known as Agion Oros), Hungary, Ireland, Italy (excluding Campione d'Italia, the Italian Waters of Lake Lugano and Lvigno), Latvia, Lithuania, Luxembourg, Malta, Netherlands (excluding the Antilles), Poland, Portugal (including the Azores and Madeira), Romania, Slovakia, Slovenia, Spain (excluding the Canary Islands, Ceuta, and Melilla but including the Balearic Islands), Sweden and the UK (excluding the Channel Islands, Gibraltar but including the Isle of Man).
"Non EU" means any other country not listed in the definition of EU above.
"Order" means an online transaction made by you via the Website for one or more Products, to which these Terms and Conditions apply.
"Personal Information" means the details you provide to us when you use the Website, such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password.
"Product" means a product displayed for sale on the Website.
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product. It shall also include, where appropriate, specific delivery dates and times, warranties, after-sales service and guarantees about that Product.
"SkazkaMart Account" means your personal customer account set up by you on the Website.
"Terms and Conditions" means these terms and conditions.
"We", "us" or "SkazkaMart" means SkazkaMart, as the context may require. Please note, that when arranging delivery of your Order, SkazkaMart may instruct a third party courier or postal carrier to deliver it to you. However, SkazkaMart will ultimately be responsible for managing the delivery of your Order, so for the purposes of these Terms and Conditions, all references to "we", "us", or "SkazkaMart", will be taken to include such third parties.
"Website" means the website located at skazkamart.com or any subsequent URL which may replace it.
"Users" means the users of the Website collectively.
"You" means a user of this Website.
COMPLIMENTARY WIFI: TERMS AND CONDITIONS
The WiFi is provided and owned by Skazka LLC (described as "we" or "us" below), with registered office at 51 Arbat Street, Moscow, 119002 Russia. Your use of the WiFi is subject to these terms and conditions. By providing your email address, you agree to be bound by these terms and conditions and any other applicable policies in place and operated by us from time to time.
Use of the WiFi
Use of the WiFi is complimentary and available for you to use whilst in our store. Every time you enter our store you will be welcomed back and automatically connected to the WiFi. We will also be able to recognise and link up your different devices, subject to those devices using the same email address.
In using the WiFi, we will be able to monitor usage of the WiFi in our premises. This will not only mean that the WiFi service is continually updated and improved, but it will also mean that we will be able to send you personalised emails with details about promotions or events that we think may interest you. Please note that you will only receive these personalised emails if you have agreed to receive our weekly events and promotions emails.
In using the WiFi it is your responsibility to ensure that all your relevant devices are protected by anti-virus software.
Use of the WiFi is subject to certain restrictions and in using the WiFi you must not:
1. Act in any way that could be unlawful or encourage others to act unlawfully, infringe any intellectual property rights, reveal confidential or sensitive information, engage in any criminal offence or encourage others to do so or access illegal or inappropriate websites;
2. Undertake actions that are harassing, defamatory, threatening, obscene, abusive, racist, sexist, offensive or otherwise objectionable or inappropriate;
3. Pretend to be anyone other than yourself or attempt to enter or use an invalid email address;
4. Collect email addresses or other personal details or use the WiFi to send spam; and
5. Use the WiFi access in any way that may affect the running of the WiFi, or access sites which may cause band width issues or connect to other technology (for example, other WiFi users' devices), upload or download very large files.
Privacy and use of your personal data
In the event that you have agreed to receive our weekly events and promotions emails, then your personal data will also be added to our mailing list. If at any point you no longer wish to subscribe to this mailing list, then you can unsubscribe by following the relevant link in any of the weekly events or promotions emails sent by us.
In order to provide the WiFi and our weekly events and promotions emails, we engage with third parties in order to help give you the best possible service that we can. As such, your personal data may be disclosed to such third parties, as well as other companies within the SkazkaMart, in so far as it is necessary to provide these services.
Disclaimer of Warranties
In using the WiFi, you accept that sometimes, for technical, legal or operational reasons, the WiFi may not be available. We may also control the types of material that can be sent or received over the WiFi. We are also permitted to suspend your access at any time in our sole discretion without responsibility or explanation to you. Your use of the WiFi is at your own risk and we are not responsible to you for any damages, losses, costs or expenses you suffer because the WiFi is unavailable, does not operate as expected or causes loss or damage to any data.
Limitation of Liability
You are responsible to us for any damages, losses, costs or expenses suffered by us arising out of any breach by you of these terms and conditions.
If we or any member of the SkazkaMart are subject to a request for information about you and your use of the WiFi in accordance with any applicable laws or regulations by a governmental, regulatory, self-regulatory, or supervisory authority having jurisdiction over us, we may disclose that information.
Nothing in these terms and conditions limits or affects our responsibility to you for death or personal injury caused by our negligence or fraud.
These terms and conditions shall be governed by and construed in accordance with the laws of Russia and you irrevocably submit to the exclusive jurisdiction of the courts of Russia.