Public Offer
Distance Retail Sale Agreement
1. GENERAL PROVISIONS
1.1. This document constitutes an official offer (public offer) by Tamara Sergeevna Tuktamisheva, an individual applying the special tax regime “Tax on Professional Income” (self-employed), hereinafter the “Seller”, to enter into a distance retail sale agreement on the terms set out in this Offer.
1.2. This Offer governs the sale of goods through the TUK-TUK brand online store, the rights and obligations of the Seller and the Buyer, the procedure for placing Orders, payment, delivery, returns, and other aspects of the parties’ relationship.
1.3. This Offer has been prepared in accordance with the Civil Code of the Russian Federation, Russian Federation Law No. 2300-1 dated 7 February 1992 “On Protection of Consumer Rights”, the rules governing distance sales, and other applicable laws and regulations of the Russian Federation.
1.4. Publication of this Offer on the Website constitutes a public offer by the Seller to enter into a distance retail sale agreement.
1.5. The Buyer accepts this Offer by placing an Order on the Website or by another method offered by the Seller, and by taking actions indicating an intention to purchase the goods, including payment.
1.6. Upon acceptance of this Offer, a retail sale agreement is deemed concluded between the Seller and the Buyer on the terms of this Offer.
1.7. By placing an Order, the Buyer confirms that they have read this Offer, the product details, price, production time (if applicable), and the payment, delivery, and return terms.
1.8. The Seller may amend this Offer at any time without prior notice to Buyers.
1.9. A new version of the Offer takes effect when published on the Website, unless the Seller specifies another effective date.
1.10. The version of the Offer in force when the relevant Order was placed applies to that Order.
1.11. This Offer applies only to goods sold through the official TUK-TUK brand website, unless the Seller expressly states otherwise.
1.12. Matters not covered by this Offer are governed by the laws of the Russian Federation.
1.13. If a court finds one or more provisions of this Offer invalid, the remaining provisions remain in force.
1.14. This Offer remains effective indefinitely until withdrawn or replaced by a new version by the Seller.
2. TERMS AND DEFINITIONS
2.1. Seller means Tamara Sergeevna Tuktamisheva, an individual applying the special tax regime “Tax on Professional Income” (self-employed), selling goods under the TUK-TUK brand.
2.2. Buyer means a fully legally capable individual who places an Order on the Website or by another method offered by the Seller to purchase goods for personal, family, household, or other purposes unrelated to business activity.
2.3. Website means the official TUK-TUK online store through which goods are sold remotely.
2.4. Goods means designer jewellery, accessories, and other products offered for sale on the Website.
2.5. Order means a request submitted by the Buyer to purchase one or more goods under this Offer.
2.6. Custom Order means an Order involving production to the Buyer’s individual specifications or modifications requested by the Buyer, resulting in goods with individually defined characteristics intended exclusively for that Buyer.
2.7. Artisan Product means an item created by the Seller within the artistic concept of the TUK-TUK brand as a result of creative work and handmade production.
2.8. Product Page means the Website page containing a product description, price, specifications, materials, photographs, availability, production time (if applicable), and other relevant information.
2.9. Defect means a product’s failure to meet mandatory legal requirements or the terms of the retail sale agreement.
2.10. Terms not defined in this Offer shall be interpreted in accordance with the laws of the Russian Federation or, where no relevant rule exists, according to their generally accepted meaning and commercial practice.
3. SUBJECT OF THE AGREEMENT
3.1. The Seller undertakes to transfer ownership of the Goods selected and ordered by the Buyer on the Website, and the Buyer undertakes to accept and pay for those Goods in accordance with this Offer.
3.2. Goods are sold exclusively by distance sales through Orders placed on the Website or by another method offered by the Seller.
3.3. Information about each product, including its name, description, price, materials, dimensions, photographs, contents, availability, production time (if applicable), delivery terms, and other details, is provided on its Product Page.
3.4. Before placing an Order, the Buyer must review the product information, including its specifications, materials, dimensions, price, payment, delivery, return terms, and this Offer.
3.5. By placing an Order, the Buyer confirms that they have received sufficient and accurate information about the Goods to make an informed purchase decision.
3.6. The Buyer may not claim that they were unaware of product characteristics where the relevant information was displayed on the Product Page or otherwise provided by the Seller before the agreement was concluded.
3.7. Images, photographs, descriptions, and other materials on the Website are provided for informational purposes. The nature of handmade artisan production may result in minor differences between the finished item and its images, provided these do not affect its purpose, quality, consumer properties, or artistic concept.
3.8. The Seller may change the range of Goods, discontinue models, release new collections, and improve production methods, construction, finishing, packaging, or components without prior notice, provided the Goods’ principal consumer properties and artistic concept are preserved.
3.9. Ownership of the Goods passes to the Buyer in accordance with the laws of the Russian Federation.
3.10. The relationship between the parties is governed by this Offer and the laws of the Russian Federation, unless otherwise expressly agreed in writing.
4. PLACING AN ORDER
4.1. The Buyer places an Order independently through the Website or by another method offered by the Seller.
4.2. When placing an Order, the Buyer must provide accurate information necessary to fulfil it, including their name, telephone number, email address (if available), delivery address, and any other requested details.
4.3. The Buyer is responsible for the completeness, accuracy, and currency of the information provided. The Seller is not responsible for inability to fulfil an Order or delays caused by incomplete, inaccurate, or incorrect information supplied by the Buyer.
4.4. After an Order is placed, the Seller may contact the Buyer to confirm it or clarify its contents, payment and delivery terms, production time, or other material details.
4.5. Before the Goods are handed over to the delivery service, the Seller may decline to fulfil an Order if the Goods are unavailable, production is impossible, a technical error has displayed an obviously incorrect price, availability, or specification, or other objective circumstances prevent fulfilment. In such cases, all funds actually received by the Seller for that Order will be refunded.
4.6. After an Order is confirmed, changes to its contents, specifications, delivery address, or other terms may be made only by agreement between the parties and where the Seller is objectively able to make them.
4.7. For a Custom Order, the Buyer must agree with the Seller on all material characteristics before production begins, including size, materials, design, decorative elements, and other relevant parameters.
4.8. Once production of a Custom Order has begun, changes may be made only with the Seller’s consent and where technically possible. Any additional costs or extension of the production period must be agreed with the Buyer.
4.9. The Seller may refuse a Custom Order if the Buyer’s requirements are technically impossible, unlawful, infringe third-party rights, or conflict with the artistic concept of the TUK-TUK brand.
4.10. An Order is accepted for fulfilment after the Seller confirms it and the Buyer fulfils the conditions necessary for performance, including payment unless otherwise agreed.
5. PRICE AND PAYMENT
5.1. The price of each product is stated on its Product Page in Russian roubles.
5.2. The price displayed when the Buyer places an Order is final for that Order, except where a technical error has resulted in an obviously inaccurate price.
5.3. The Seller may change product prices at any time before an Order is placed. Price changes do not apply to Orders already accepted for fulfilment.
5.4. Payment is made using the methods listed on the Website or agreed by the parties when the Order is placed.
5.5. The Buyer’s payment obligation is fulfilled when the funds are credited in full to the Seller or the payment system confirms successful payment.
5.6. For Custom Orders, the Seller may require full or partial advance payment. The amount of the advance payment is determined by the Seller and communicated to the Buyer before the Order is confirmed.
5.7. If payment is overdue, the Seller may suspend production, preparation, or transfer of the Goods until payment is received.
5.8. If changes requested by the Buyer increase production, materials, delivery, or other costs, the Order will proceed only after the revised price has been agreed and paid.
5.9. All payments between the parties are made in Russian roubles.
5.10. The Buyer will receive a payment document in accordance with the laws of the Russian Federation.
5.11. Refunds are made using the same payment method used for the original transaction, unless the parties agree otherwise and applicable law permits it.
5.12. The Seller is not responsible for payment delays caused by banks, payment systems, electronic payment operators, or other circumstances beyond the Seller’s control.
6. PRODUCTION AND TRANSFER OF GOODS
6.1. The production period is stated on the Product Page or agreed by the parties when the Order is placed.
6.2. If the Goods are in stock, the Seller prepares them for dispatch within a reasonable period after the Order is confirmed and payment is received, unless otherwise agreed.
6.3. The production period for a Custom Order depends on the complexity of the work, the materials used, and the Seller’s workload.
6.4. The production period is an estimate and may change due to circumstances objectively preventing timely fulfilment, including delayed material supplies, defective components, the Seller’s illness, force majeure, or other circumstances beyond the Seller’s control. The Seller will notify the Buyer within a reasonable period.
6.5. A minor extension of the production period due to the circumstances described in clause 6.4 does not by itself constitute grounds for liability where the Seller has acted in good faith and notified the Buyer in a timely manner. Mandatory statutory rights remain unaffected.
6.6. Before handing the Goods to the delivery service, the Seller may inspect them for conformity with the stated specifications, completeness, and visible defects.
6.7. The Seller’s obligation to transfer the Goods is deemed performed when they are handed to a carrier, postal operator, courier service, or directly to the Buyer, subject to applicable law.
6.8. The risk of accidental loss or damage passes to the Buyer in accordance with the civil laws of the Russian Federation.
6.9. Upon receipt, the Buyer should inspect the packaging for visible damage. If damage is found, the Buyer is advised to prepare a report with the delivery service representative and promptly notify the Seller.
6.10. If the Buyer unjustifiably refuses or fails to collect the Goods, the consequences shall be determined in accordance with applicable law. Costs of repeat dispatch, storage, return, or redelivery may be charged to the Buyer to the extent permitted by law.
6.11. If delivery cannot be completed for reasons attributable to the Buyer, the time for performance is extended for the period during which those circumstances continue.
7. DELIVERY
7.1. Goods are delivered using the methods listed on the Website or agreed by the parties when the Order is placed.
7.2. Delivery costs, timeframes, and terms depend on the selected delivery method and are communicated to the Buyer before the Order is placed or when it is confirmed.
7.3. Unless the Website states otherwise, delivery is not included in the product price and is paid separately by the Buyer.
7.4. The Seller hands the Goods to the delivery service after the Buyer has fulfilled the conditions of this Offer, including payment unless otherwise agreed.
7.5. After the Goods are handed to the carrier, transportation is performed by the relevant transport company, postal operator, or courier service under its own rules and terms.
7.6. The Seller is not responsible for delivery delays caused by a carrier, postal operator, customs authority, government body, or other circumstances beyond the Seller’s control.
7.7. The Buyer must ensure that the Goods can be received at the stated delivery address or collect them promptly from the designated collection point or post office.
7.8. If the Goods are returned to the Seller because the Buyer provided incorrect details, failed to collect the Goods, refused delivery, or for another reason attributable to the Buyer, repeat dispatch may require reimbursement of the actual storage, return, and redelivery costs.
7.9. If the Buyer fails to collect the Goods for reasons attributable to them, the Seller is not responsible for delays in redelivery, additional costs, or other consequences arising from the delivery service’s procedures.
7.10. The Seller’s obligation to arrange delivery is deemed performed when the Goods are handed to the selected delivery service, unless applicable law provides otherwise.
7.11. For international delivery, the Buyer is responsible for complying with the laws of the destination country and paying customs duties, taxes, fees, and other mandatory charges where the recipient is legally required to pay them.
7.12. The Seller is not responsible for the inability to import the Goods into another country, or for their detention, confiscation, or other restrictions imposed by the destination country, where these circumstances were not caused by the Seller.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Seller shall provide the Buyer with information about the Goods, accept and process Orders, manufacture or prepare the Goods as agreed, and transfer them in accordance with this Offer and applicable law.
8.2. The Seller may request information reasonably necessary to process and deliver an Order, contact the Buyer to clarify its details, and suspend fulfilment where the Buyer has not met the agreed payment or information requirements.
8.3. The Buyer shall provide accurate information, pay for the Goods and delivery as agreed, accept the Goods, and comply with the terms of this Offer.
8.4. The Buyer may receive information about the Goods and the progress of an Order, request clarification, and exercise all rights granted to consumers by applicable law.
8.5. The parties shall act in good faith, cooperate to resolve issues related to fulfilment, and promptly notify each other of circumstances that may materially affect performance.
8.6. Nothing in this Offer limits mandatory rights granted to the Buyer under consumer protection legislation.
9. CANCELLATION, RETURNS AND EXCHANGES
9.1. The Buyer’s right to refuse or return Goods is governed by the laws of the Russian Federation, including consumer protection legislation applicable to distance sales.
9.2. For Goods of proper quality purchased remotely, the Buyer may refuse the Goods before delivery at any time and after delivery within the statutory period, subject to the conditions and exceptions established by law.
9.3. Goods of proper quality may be returned if their presentation, consumer properties, and evidence of purchase are preserved, subject to applicable law.
9.4. Goods with individually defined characteristics that can be used exclusively by the particular Buyer may not be returned or exchanged for reasons of proper quality where such an exception is permitted by law. This does not limit the Buyer’s rights in respect of defective Goods.
9.5. A Custom Order is not automatically non-returnable merely because it was made to order. The applicability of any statutory exception depends on the actual characteristics of the Goods and the law.
9.6. To request a return or exchange, the Buyer should contact the Seller using the contact details provided on the Website and state the Order details and reason for the request. The Seller may request information reasonably necessary to process the request.
9.7. The Goods should be returned in a manner that protects them from damage during transportation. The Buyer should retain proof of dispatch and delivery.
9.8. Where the Buyer returns Goods of proper quality, the cost of return shipping is borne by the Buyer to the extent permitted by law. Where Goods are defective or do not conform to the agreement, the allocation of costs is governed by applicable law.
9.9. Refunds are made within the period and by the procedure established by applicable law after the Seller receives the returned Goods or otherwise obtains the legally required basis for the refund.
9.10. The Seller may not refuse a lawful return or remedy for defective Goods on grounds that are not permitted by law.
9.11. Differences in colour or appearance caused by screen settings, lighting, or the handmade nature of an item do not by themselves establish a defect, provided the Goods conform to their description and mandatory requirements.
9.12. Nothing in this section excludes or restricts any non-waivable consumer rights under the laws of the Russian Federation.
10. WARRANTY AND PRODUCT QUALITY
10.1. The Seller supplies Goods that must comply with the description on the Website and the mandatory requirements of applicable law.
10.2. If a warranty period is expressly specified for a product, it is indicated on the Product Page or otherwise communicated to the Buyer before purchase.
10.3. If no warranty period is specified, the Buyer retains the rights provided by applicable law in respect of defects, within the relevant statutory periods and subject to the statutory conditions.
10.4. Handmade jewellery may have minor individual features in texture, shape, colour, or finish. Such features are not defects if they are consistent with the product description and do not impair the product’s quality or intended use.
10.5. The Buyer should follow the care instructions provided for the Goods. Contact with water, perfumes, cosmetics, chemicals, abrasive materials, excessive force, or improper storage may affect the appearance or service life of jewellery.
10.6. Damage resulting from improper use, failure to follow care instructions, normal wear, unauthorised repair or modification, or other actions not attributable to the Seller is not treated as a manufacturing defect where permitted by law.
10.7. If a defect is discovered, the Buyer should notify the Seller and provide a description of the issue and, where reasonably possible, photographs or other information that help assess it.
10.8. The Seller may inspect the Goods to determine the nature and cause of the alleged defect. Any such inspection and the parties’ rights shall be subject to applicable law.
10.9. If a defect for which the Seller is responsible is confirmed, the Buyer may exercise the remedies available under the laws of the Russian Federation.
10.10. The Seller is not liable for a defect caused by the Buyer or a third party after delivery, except where applicable law provides otherwise.
10.11. The Buyer’s statutory rights in respect of product quality remain unaffected by this Offer.
10.12. Nothing in this section shall be interpreted as limiting mandatory consumer protection guarantees or transferring to the Buyer a burden of proof that applicable law places on the Seller.
11. LIABILITY OF THE PARTIES
11.1. The parties are liable for non-performance or improper performance of their obligations in accordance with this Offer and the laws of the Russian Federation.
11.2. The Seller is not responsible for failure or delay caused by circumstances beyond the Seller’s reasonable control, provided that this does not exclude liability that cannot be excluded by law.
11.3. The Seller is not responsible for the operation of third-party websites, communication networks, banks, payment services, carriers, or other providers whose services are used to process payment or deliver Goods, except as required by law.
11.4. The Buyer is responsible for the accuracy of the information supplied when placing an Order and for consequences arising from errors in that information.
11.5. Neither party is released from liability for intentional misconduct or other circumstances for which liability cannot be excluded under applicable law.
11.6. Any limitation of liability in this Offer applies only to the extent permitted by the mandatory provisions of the laws of the Russian Federation.
12. PERSONAL DATA
12.1. The Seller processes the Buyer’s personal data to accept and fulfil Orders, arrange payment and delivery, communicate with the Buyer, comply with legal obligations, and handle returns or claims.
12.2. The personal data processed may include the Buyer’s name, telephone number, email address, delivery address, Order details, payment-related information received by the Seller, and other information voluntarily provided by the Buyer.
12.3. The Seller processes personal data in accordance with applicable legislation of the Russian Federation, including Federal Law No. 152-FZ “On Personal Data”.
12.4. The Seller takes reasonable legal, organisational, and technical measures to protect personal data against unauthorised access, disclosure, alteration, or destruction.
12.5. Personal data may be provided to delivery services, payment providers, and other parties only to the extent reasonably necessary to fulfil the Order or where required by law.
12.6. The Seller retains personal data for no longer than necessary for the purposes of processing, unless a longer retention period is required by law.
12.7. The Buyer may exercise the rights granted to data subjects by applicable law, including submitting requests concerning their personal data using the Seller’s contact details.
12.8. Further information about the processing of personal data may be set out in the Website’s Privacy Policy.
13. INTELLECTUAL PROPERTY
13.1. The Website and its content, including texts, photographs, designs, illustrations, graphics, logos, product designs, and other materials, are protected by intellectual property laws.
13.2. Unless otherwise stated, the relevant rights belong to the Seller or are used lawfully by the Seller.
13.3. Copying, publishing, distributing, modifying, or otherwise using Website materials for commercial purposes without the prior written consent of the rights holder is prohibited, except where permitted by law.
13.4. Purchasing a product does not transfer to the Buyer any intellectual property rights in the design, artwork, photographs, brand, or other protected materials associated with it.
13.5. The TUK-TUK name, brand identity, product designs, and related materials may not be used in a way that infringes the rights of the Seller or third parties.
14. DISPUTE RESOLUTION
14.1. The parties shall seek to resolve disagreements through negotiations and by submitting a written request to the other party.
14.2. A request should describe the circumstances, the Order concerned, the issue, and the remedy sought, and should include supporting documents where available.
14.3. The Seller shall consider requests within the time limits established by applicable law.
14.4. If a dispute cannot be resolved amicably, it may be referred to a competent court in accordance with the laws of the Russian Federation.
14.5. Nothing in this Offer deprives a consumer of the right to apply to a court or other competent authority in the manner and at the venue provided by mandatory consumer protection legislation.
15. FINAL PROVISIONS
15.1. This Offer enters into force when published on the Website and remains effective until withdrawn or replaced by the Seller.
15.2. The Seller may amend this Offer by publishing an updated version on the Website. The version applicable to an Order is determined in accordance with clause 1.10.
15.3. Notices and communications may be sent using the contact details provided by the Buyer when placing an Order or through other communication channels agreed by the parties.
15.4. If any provision of this Offer is found invalid or unenforceable, the remaining provisions remain in effect to the extent permitted by law.
15.5. This Offer is governed by the laws of the Russian Federation.
15.6. The English text is provided for convenience. If there is any discrepancy between this translation and the Russian version, the Russian version should be used for interpretation, subject to applicable law.
16. SELLER DETAILS
Seller: Tamara Sergeevna Tuktamisheva
Status: Self-employed individual applying the Russian special tax regime “Tax on Professional Income”
Brand: TUK-TUK
Website: https://tuktuk-jewelry.ru
Email: Please use the contact email published on the Website.