Notice. This is an informational English translation of the Public Offer of the online store brushespaints.ru. The original document in Russian has the sole legal force. In case of any discrepancies, the Russian version shall prevail.
1. Terms and definitions
1.1. In this offer, unless the context requires otherwise, the following capitalized terms shall have the meanings set out below.
1.1.1. "Courier Service" — third-party organizations providing goods delivery services.
1.1.2. "Online Store" — the Seller's store located on the Internet at https://brushespaints.ru/.
1.1.3. "Seller" — Individual Entrepreneur Shishkov Ivan Vyacheslavovich, TIN 344408071697, OGRNIP 320774600176779 (IE Shishkov I.V.), registered address: Volgograd; actual address: Moscow, Smolensky Boulevard, 7.
1.1.4. "Buyer" — any legally capable person intending to order or purchase, or actually ordering, purchasing or using Goods solely for personal, family, household or other purposes not related to business activities. Use of the Goods by the Buyer for business activities is to be separately discussed with the Seller.
1.1.5. "Website" — https://brushespaints.ru.
1.1.6. "Phone" — +7 (977) 887-79-18.
1.1.7. "Goods" — the list of products offered by the Seller on the Website, manufactured exclusively to the Buyer's individual order. The consumer characteristics of the Goods are specified on the Website.
1.1.8. "Services" — production of a paint-by-numbers kit, as well as other services, the possibility of ordering of which and a more detailed description are available on the Website.
1.2. For the purposes of this offer, terms and definitions in the singular shall apply also in the plural.
1.3. The terms of this offer apply to the Website unless otherwise expressly provided herein.
2. General provisions
2.1. The Seller and the Buyer warrant that they have the necessary legal and contractual capacity, as well as all rights required to conclude and perform a distance retail sale contract.
2.2. The Buyer undertakes to read the terms of this offer, the information on the Website regarding the Goods, the Privacy Policy and the User Agreement.
2.3. The Seller reserves the right to amend this offer, and the Buyer undertakes to independently track any changes hereto.
2.4. By placing an order, the Buyer confirms that they have fulfilled the obligations under clause 2.2.
2.5. The service contract, which includes the distance retail sale terms, is deemed concluded from the moment the Seller receives a message of the Buyer's intent to place an order and purchase the Goods, as well as the Buyer's approval of the placed order by way of the numbered order being received at the company's email — this is deemed acceptance of this offer.
2.6. The offer is open-ended.
3. Subject of the agreement and deadlines
3.1. The Seller sells the Goods and provides the Services listed on the Website at the prices shown on the Website or agreed individually with the Buyer; the Goods are delivered by Courier Service or picked up by the Buyer, and the Buyer pays for and accepts the Goods in accordance with this offer.
3.2. Title and the risk of accidental loss/damage of the Goods pass to the Buyer upon the Buyer's acceptance of the Goods.
3.3. The Seller's production lead time is from 2 to 5 days from final agreement with the Buyer. The Seller may render the Services earlier.
4. Buyer notifications
4.1. The Seller (or another person on behalf of the Seller) may send service messages (including push notifications) and make service phone calls informing the Buyer of the placed order, its composition, processing stages and readiness. Such messages and calls aim to maintain service quality and inform the Buyer of proper performance of the Seller's obligations under the distance sale agreement. Service messages cannot be rejected by the Buyer.
5. Placing an order
5.1. The Seller does not require any special actions from the Buyer to use the Brushes-Paints online store, such as registration on the website. An order may be placed by Phone (WhatsApp, MAX, Telegram) and/or by filling out the electronic order form on https://brushespaints.ru. Placing an order is performed via "order" buttons (upon filling out the order form) and constitutes the Buyer's consent to the terms of this Agreement.
5.2. The Buyer undertakes to provide accurate data necessary and sufficient for performance of the agreement. The Seller fulfills the order based on photos provided by the Buyer and delivers it to the Buyer. The facial expression is transferred from the Buyer's photo to the artwork without alterations. When placing the order, the Buyer is informed by the Seller of possible color discrepancies due to color rendering of different devices, and of more contrasting dark and skin tones of ready paints for filling the picture. By paying for the order, the Buyer confirms reading of this clause.
5.3. If the Buyer has any additional questions regarding the Goods before placing the order, the Buyer should contact the Seller by Phone in accordance with the working hours stated on the Website.
5.4. The Buyer may order only such Goods the production of which is possible at the time of placing the order.
5.5. When placing an order by Phone, the Seller may record the telephone conversation if such recording is necessary for the Seller's performance of obligations under this offer and quality control of services, without obtaining the Buyer's consent.
5.6. By filling out the electronic order form on the Website, the Buyer confirms consent to the Privacy Policy and the User Agreement, as well as to the collection of Cookie metadata.
6. Delivery of the Goods
6.1. Delivery is made by Courier Service to the actual address specified by the Buyer when placing the order. The delivery deadline is discussed with the Buyer at the order placement stage.
6.2. Delivery is performed at the rates listed on the Seller's website. During peak load days, the rates may be unilaterally increased.
6.3. If the delivery radius falls outside the delivery zone, the delivery fee is paid as agreed, at the courier service's rate.
6.4. Self-pickup is available during the Seller's working hours at: Moscow, Smolensky Boulevard, 7.
6.5. The Seller is not liable for breaches of delivery deadlines by the Courier Service.
6.6. In case of breach of delivery deadlines due to force majeure under Section 9 of this offer, the Seller shall not be deemed to have delayed delivery.
6.7. The Seller may refuse performance if the Courier Service, upon arrival at the Buyer's actual delivery address, cannot make actual delivery through the fault of the Buyer (the Buyer fails to answer the phone within 10 minutes or open the door to the Courier Service). Such an order is deemed fulfilled.
7. Payment for the Goods
7.1. Prices for the Goods are set by the Seller unilaterally and shown on the Website. The price for the ordered Goods is not subject to change.
7.2. The price for a custom order is calculated using the picture cost calculator on the Website or when ordering by Phone (WhatsApp, Telegram, MAX or other messengers).
7.3. Payment for the Goods and production Services is made on 100% prepayment basis.
7.4. When placing an order and developing the layout, an installment of up to 6 days is possible. In this case, the Buyer makes an advance payment of 30% of the order value, which is non-refundable if the Buyer cancels the order.
7.5. For custom orders, all corrections to the layout provided by the Seller to the Buyer must be submitted by the Buyer in one message (letter). The cost of each subsequent correction is 450 rubles, which will be added to the final cost of the custom order. If the Buyer cancels the order after the Seller has prepared the layout, the Buyer is obliged to pay 1,500 rubles.
7.6. If the client does not have a specific design (photo or image), the contractor provides an idea development service in the form of a concept. The cost of this work on the future picture is 5,000 rubles per unit. This cost is non-refundable and is not included in the cost of the picture order. Such an order is performed exclusively where the customer has a technical specification. It is paid separately on a prepayment basis. Corrections to the finished concept are made free of charge once, if the corrections involve replacement of minor elements, color or shade. If the concept has to be changed entirely or the elements redrawn, this is paid for as a new concept.
7.6.1. Concept development is not the work of an illustrator with hand-drawn elements. The illustrator's work is provided additionally at a cost of 17,000 rubles for a standard, uncomplicated design, which includes 8 hours of work.
7.7. Production of a paint-by-numbers picture from a photo with the "Already painted picture" service is assessed individually based on the client's request, but is no less than 25,000 rubles. The work is performed by an artist; once completed, no corrections are made. It is non-refundable.
7.8. Production of framing items, picture framing, stretching canvas on a stretcher, hardware and other services of the Chop Service section are calculated individually based on the customer's request.
7.9. The cash receipt is sent to the Buyer electronically, via internet acquiring, to the email specified before payment.
8. Return and exchange of Goods
8.1. Return of Goods of proper quality is not permitted as the Goods have individually defined characteristics and can be used only by the purchasing Buyer. Goods are subject to return only in case of a violation of the production process by the Seller (e.g., incorrect image, etc.). Return of canvases on a stretcher from size 80x120 is also not possible, as they are made to order. If the Buyer has not calculated and taken measurements in advance, the Seller bears no responsibility for this.
8.2. The Seller must deliver Goods that fully match the order, the quality of which corresponds to the information provided to the Buyer when concluding the distance sale agreement and information communicated upon transfer of the Goods (on the label or insert attached to the Goods or their packaging, or by other means provided for certain types of Goods).
8.3. If the Buyer has any claims, the Buyer may submit a written claim to the Seller within three (3) calendar days by any available means of communication. The Seller reviews the claim within 10 (ten) business days.
8.4. If the Goods received are of inadequate quality or do not match the order, the Buyer may demand replacement of such Goods with Goods of proper quality.
8.5. Refund for Goods of inadequate quality is made at the Seller's discretion. A refund application is a mandatory condition for a refund to be processed. The application is sent to the company's email brushes-paints@yandex.ru
8.5.1. Delivery cost from the Seller to the Buyer is non-refundable. A refund for Goods of inadequate quality is possible only if the Buyer returns the Goods to the Seller. The cost of delivery from the Buyer to the Seller is borne by the Buyer.
8.5.2. Goods of inadequate quality are deemed to be:
- A crookedly stretched canvas or a torn cloth
- An uneven stretcher or a size that does not match the order placed
- Incomplete order composition
- The photo does not match the photo uploaded on the website
- The Seller is liable for goods damaged during delivery only if the order was placed through the Seller's website and delivery was carried out by the Seller.
8.6. If the procedure for submitting a claim regarding the appearance of the Goods and their completeness, as set out in clauses 8.3 and 8.4, is not followed, claims will not be accepted.
8.7. Claims regarding acrylic paint, as well as paint in kits, concerning differences in tones and half-tones do not constitute a defect. Every paint tends to darken after drying and change its tone by 2 to 4. A defect is mixed-up paint if it differs in color: for example (red and blue).
8.8. Complaints from marketplaces about a wavy canvas or damaged cloth are not accepted for review, as the order was damaged by the marketplace's logistics company. The Seller cannot process a return and bear losses through the fault of the marketplace. For returns or defects, the Buyer must contact the platform on which the order was placed.
9. Force majeure
9.1. Each Party shall be released from liability for full or partial non-fulfillment of its obligations under this offer if such non-fulfillment was caused by force majeure. Force majeure means extraordinary events and circumstances that the Parties could neither foresee nor reasonably prevent. Such events include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, military actions, and so on.
10. Liability of the Parties
10.1. The Seller is not liable for damages caused to the Buyer as a result of improper use of the Goods purchased from the Seller.
10.2. The Seller is not liable for losses incurred by the Buyer due to incorrect completion of the order, including incorrect specification of personal data.
10.3. In case of abuse of consumer rights by the Buyer, including but not limited to refusal to accept and/or pay for the ordered and delivered Goods, the Seller has the right to exercise self-defense by, in particular, not accepting future orders from the Buyer and demanding reimbursement of expenses incurred by the Seller for production and delivery of the Goods.
10.4. In case of unilateral refusal by the Seller to perform the agreement under clause 6.5, the Seller has the right to exercise self-defense by recovering losses from the Buyer and demanding reimbursement of expenses incurred for production and delivery of the Goods.
10.5. All other disputes are resolved through pre-trial settlement.
11. Seller's details
11.1. Individual Entrepreneur
Shishkov Ivan Vyacheslavovich
TIN 344408071697
OGRNIP 320774600176779
Address: Moscow, Park Kultury metro station, Smolensky Boulevard, 7.
Email: brushes-paints@yandex.ru
