All duties & taxes included — no extra fees on delivery

 
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TERMS & CONDITIONS

 

TERMS

Customer – any capable individual person, who places orders and purchases products from BAZILIKA, which are presented on the website https://en.thebazilika.com for Customer's personal, household and other needs not related to business activities.

Seller – BAZILIKA, a trademark (brand) under which the website https://en.thebazilika.com is owned and operated.

Site – the website of the Seller including online-store, hosted at https://en.thebazilika.com

Product (good) – an object (a piece of clothing, accessory or other material value), submitted for sale on the Site.

Order – the order duly placed by the Customer (i.e. all fields required in the sections "Shopping Bag" and "Order check-out" are filled), addressed to the Seller for sale and delivery of the selected goods to the address specified by the Customer.

 

1. GENERAL CONDITIONS

1.1. The Site is owned and operated under the trademark (brand) BAZILIKA.

1.2. By making a purchase on the website, the Customer confirms that he has been acquainted with the description of the goods and their care, delivery conditions, customs policy, return policy and with each paragraph of the Terms&Conditions Agreement.

1.3. By making a purchase on the website, the Customer signs the Terms&Conditions Agreement at the time of payment's procedure and therethrough confirms his agreement with each paragraph of the Terms&Conditions Agreement.

1.4. The Seller does not accept any claims concerning the fact that the Buyer was not informed about the terms of delivery, customs policy, return policy and terms of selling goods.

1.5. The Seller has the right without any notice to change these Terms and Conditions. Changes to the Terms come into effect upon publishing them on the website and shall apply to any orders made after publication.

1.6. The Seller is not responsible if the information posted on this website is not accurate, complete or up-to-date. The materials on this site are intended for Customers and are provided for general information only and should not be used as the only basis for decision-making without familiarization with primary, more accurate, more complete or more updated sources of information.

The Seller has the right to change the content of this website at any time.

1.7. Legal information is located in the footer of the site in the "Information" section

1.8. By placing the Order on the website, the Customer accepts this Terms&Conditions Agreement without any exception and/or clauses.

1.9. All text information and goods graphic presentation placed on the website are the property of the Seller or its partner. Viewing the information or printing the pages of the website is allowed for personal use only.

1.10. Site is designed for internet sales.

1.11. By registering in the site, the customer assumes the obligation to use the correct services and site services, as well as in the case of an order payment obligations and acceptance. The Seller, in turn, undertakes to fulfil its commitments on the provision of services, and services, as well as the delivery and transfer of ownership of the Customer paid for the goods on the terms of this Agreement.

1.12. The Seller provides a Warranty period of 30 calendar days from the date of delivery of the goods to the Customer.

If the goods' defects were discovered by the Customer after the warranty period expiration, but within two years from the date of transfer of the goods to the Customer, the Seller is liable only if the Buyer proves that the goods' defects have occurred before the handover to the Customer or for reasons that arose before that moment (see clause 10).

The Seller is not liable for the goods' defects caused by the Customer's fault, in particular, as a result of violation of the rules of Goods's operation.

1.13. The Customer agrees to comply with the care instructions of the products. The Seller is not responsible for any damage to the goods caused by the Customer's violation of the care instructions or improper use (the care instructions are listed on the products' label). During production, all materials are pre-tested for dyeing, pilling, temperature and chemicals exposure during washing and dry-cleaning. Based on these tests, general recommendations for use and care are given. The Seller cannot foresee all possible ways of products' using by the Customer and is not responsible for damage to the goods during care, wear or safekeeping. In case of any disputable situations, an independent expert examination shall be carried out, further clause 10.4.

1.14. The Seller does not provide a guarantee for product parts damaged by the Customer during process of wearing or damaged due to improper care. Seller will not be able to provide the Customer any replacement parts for damaged items.

1.15. The Seller informs the Customer about the terms of delivery, return and exchange policy on the website before placing the order and in the Terms&Conditions Agreement. When placing an order, the Customer signs and agrees with all the terms of the Terms&Conditions Agreement. After placing the order, the Seller additionally informs the Customer about the order by e-mail and encloses the Terms&Conditions Agreement signed by the Customer. Additionally, the Seller informs the Customer about the conditions and terms of return and exchange policy in memo (instruction), which is attached to each parcel.

1.16. The Seller informs the Customer via e-mail. The Customer agrees to check e-mail and Spam folder. The Seller is not responsible for the for an incorrect e-mail address specified by the Customer and for letters falling into the Spam folder.

1.17. For general questions, the Customer contacts by e-mail: support@thebazilika.com. For questions about the return and exchange, the Customer contacts by e-mail: support@thebazilika.com 9 to 18 hours UTC +3. Alternative methods of communication between the Seller and the Customer are not provided.

1.18. The Customer has the right to request additional documents from the Seller not contradicting the legislation or the Seller's Privacy Policy. To request these documents, the Customer need to send a scan of a written application to the Seller's e-mail address: info@thebazilika.com containing passport data, phone number, e-mail address, signature of the Customer and the date of the application.

The Seller undertakes to review the application and provides the Customer with scanned copies of documents to the Customer's e-mail address within 10 business days. The Seller has the right to refuse the Customer with the Customer's request, if the request contradicts the legislation or the Seller's Privacy Policy, as well as if the application is filled out incorrectly.

 

2. INFORMATION ABOUT GOODS AND FEATURES OF SOME GOODS

2.1. All the information about the goods is placed on the website and is provided by the Seller.

2.2. The Seller indicates the composition of the product in the product description on the website and does not have any responsibility for the choice of the Customer, which may lead to allergic reactions.

2.3. The Customer must take into account the possibility of a slight difference of the real color of the goods from the color on the screen for the following reasons: the screen of each device is individual, the color rendition, quality, brightness and other parameters are different, including those set by the Customer for the personal convenience to view information.

2.4. When placing an order, the Customer must take into account: for knitted products from natural yarn, various inclusions cannot be considered as a manufacturing defect. Various technological features of the manufacture of knitted products, which can be on the inside of the product, cannot be considered as a manufacturing defect.

2.5. When placing an order, the Customer must take into account: pilling of yarn or fabric is a technical feature of the material and cannot be considered as a manufacturing defect. The Customer removes the pills formed in the process of wearing garments with a special machine by himself.

2.6. When placing an order, the Customer must take into account: cashmere can accumulate static electricity in cases of sharp fluctuations in temperatures, very dry indoor air, upon contact of cashmere with synthetic materials.

2.7. When placing an order, the Customer must take into account: for knitted goods, the 0.5-7 centimeters difference in their width and length is allowed. It can be made due to the wet-heat treatment during production. This difference is not related to a manufacturing defect. On the website the average measurements of knitted products is indicated and it is based on the permissible inaccuracy. If the product's length differs from the measurements on the website in a smaller way, then the Customer can correct its length and width to the desired parameters using the wet-heat treatment (ex.steaming).

 

3. PRICE POLICY

3.1. The price for each item of the goods is indicated on the website of the online store in Euro.

3.2. The price of the goods indicated on the Site includes all customs duties, taxes and clearance fees applicable to the delivery of the goods. The Customer is not required to make any additional payments - including customs duties, taxes or clearance fees - upon delivery.

3.3. The Seller has the right to change the price of the goods without prior notice. However, the Seller has no right to change the price of the ordered goods in the Customer's Order after the Order has been accepted by the Seller in accordance with clause 4.16. of these Terms.

 

4. ORDER TERMS AND CONDITIONS

4.1. The Customer is the person whose details were specified when placing the order.

4.2. The Order is placed on the website by the Customer.

4.3. The Customer can order goods through the website 24 hours a day.

4.4. The Customer agrees to provide the following information while ordering:

4.4.1. surname, name and middle name of the Customer or the person specified by him (the recipient)

4.4.2. delivery address (If delivery address is a Customer address)

4.4.3. e-mail

4.4.4. phone number

4.5. The Name of the item, quantity, range, article, price of the goods specified in the "shopping bag" of the Customer, registered on the website.

4.6. If Seller needs more information, he may request it from the Customer. In case of not providing the information required by the Customer, the Seller is not responsible for the selected goods.

4.7. The Seller is not responsible for non-execution of the Order (or the delay in execution) due to inaccurate or incorrect information provided by the Customer.

4.8. The Seller dispatches the parcels only to Individuals to the address specified in the "Shipping address" column.

4.9. While placing an order independently, the Customer agrees to transfer his personal information to the Seller and agrees on its processing by the Seller (as provided by the Section 12 of the offer) as well as processing the information concerning the Order or the Orders. The Customer agrees to respect the Terms of sale of goods by filling in the fields in the corresponding columns when placing the Order on the website.

4.10. The Seller is not responsible for the incorrect information provided by the Customer when ordering.

4.11. The Customer is responsible for the accurate information provided when ordering.

4.12. The Seller is not responsible for the wrong choice of the characteristics of the goods or modifications ordered in the shop by the Customer.

4.13. The sales Contract between the Seller and the Customer is deemed to be signed when The Seller gets a receipt from the Customer.

4.14. Once the Order is checked-out, the Customer receives the information (to the specified e-mail) concerning the details of his Order, including the price of the goods, delivery fees, and other services fees (if these services are need to be paid) from e-mail: support@thebazilika.com.

4.15. Orders placed on working days from Monday to Friday from 09:00 to 18:00 UTC+3 are processed within 24 hours. Orders placed on weekends and holidays will be processed on the first business day after weekend or holiday.

4.16. The Order is considered as accepted for the execution after the Customer receives an e-mail message on the e-mail address, specified in the registration form, confirming the acceptance of the Order and/or after the message, indicating the number of the Order, appears on the website page.

4.17. The Seller reserves the right to cancel the Customer's Order at the stage of the Order confirmation.

4.18. The Seller reserves the right to settle the Order details with the Customer by e-mail. In case of impossibility to contact the Customer within 3 (three) business days, the Order is cancelled. If the Customer has already prepaid the order, the Seller must return the money using the bank details from which the payment was made.

4.19. Once the Order is checked-out, the Customer receives information concerning the availability of ordered goods in Seller's warehouse.

4.20. In case of absence of the ordered goods in Seller's warehouse, the Seller shall contact the Customer by methods specified in the Order. The Customer informs the Seller either on consent to accept the goods in the amount available in Seller's warehouse, or on cancelling the missing goods from the Order. In case of impossibility to contact the Customer or no non-receipt of the answer from the Customer within Two (2) business days from the date of notification made by the Customer, the Order shall be canceled by the Seller in full measure, about this fact the Seller shall inform the Customer by sending an e-mail to the address provided during registration. If the Customer is made a prepayment, the monetary funds shall be returned by the Seller to the bank details from which the payment was made.

4.21. If the goods are in stock, the package will be sent to the Customer within 1-2 business days. If the Customer has place a pre-order for the goods, the package will be dispatched within 1-2 business days from the moment the goods arrive at the warehouse. The date of arrival of the goods at the warehouse is indicated in the conditions of pre-order in the description of the goods. If the Customer has placed an order for several goods, where at least one of the items is on preorder, then the parcel will be sent to the Customer when the pre-ordered goods arrives at the warehouse.

 

5. PAYMENT TERMS

5.1. The price of the goods is paid in Euro.

5.2. We accept the following payment methods:

by bank card - all payments are processed by Stripe and are fully protected;

5.3. The Customer may use third-party bank cards for payment. The Seller recognizes the Customer as a person whose contact details were specified when placing the order. The Seller does not take any responsibility to the owner of the bank card. All claims against the Seller concerning this issue will be rejected.

5.4. When paying for the order by bank card, the Customer undertakes - if requested by the Seller - to provide a copy of two pages of the bank card holder's passport - with a photo and a copy of the bank card on both sides (indicating the last four digits) in accordance with the rules of international payment systems in order to verify the identity of the owner and his rights to use the card.

5.5. The Seller reserves the right to cancel the Order paid by bank card without explaining the reasons, in particular if the Customer refuses to provide the necessary information provided for by the conditions of clause 5.4 (by e-mail in the form of scanned copies), including if there are doubts about their authenticity, within 14 calendar days from the date of ordering. The cost of the order will be refunded to the cardholder.

 

6. DELIVERY TERMS

6.1. The delivery address is indicated when ordering the goods. The Seller is not responsible for incorrect delivery / order conditions if the Customer has provided incorrect information.

6.2. Terms of delivery of an Order include order processing and delivery time.

6.3. The Seller delivers orders by DHL courier services. Delivery terms are specified in the "Shipping" section on the Seller's website. The Customer is obliged to accept the Order within the agreed delivery time. The delivered goods are transferred to the Customer. The delivery time is indicated in the "Delivery" section on the Seller's website. The buyer must accept the order within the agreed delivery time. The delivered goods are transferred to the Buyer.

6.4. The Seller weighs each parcel before shipment and registers the parcel's weight in transport documents and in the DHL system. This weight is verified and recorded by DHL.

If the Customer reports for an incomplete package of the order, the Customer must provide the Seller with the exact gross and net weight of the parcel for holding an investigation by the Seller and DHL.

In case, the weight of the parcel in the Seller's documents and in the DHL documents is identical, and the Customer declares a different weight, the claim of the Customer will be denied.

6.5. The Seller conducts a double check of the goods before shipment.

6.6. All parcels are sent from the Russian Federation.

6.7. All customs clearance formalities and related payments are arranged and paid for by the Seller (sender) at the time of shipment; the Customer is not required to make any additional payments upon delivery. In order to arrange delivery and, if applicable, to avoid fraud, the courier service (DHL) has the right to ask the Customer for information about himself/herself, including an identification document, order number, item number and tracking number. The Customer undertakes to provide such information upon DHL's request. We guarantee the confidentiality and protection of the recipient's personal data.

6.8. The Seller keeps all the rights and property of the ordered goods until he receives the full payment for the order. Since the payment is made and the ordered goods are delivered to the address indicated in the «Shipping address» column, the Buyer takes all the responsibility for the goods' loss, theft or damage.

6.9. The Seller is not responsible for receiving the order by third parties who is not the Customer.

6.10. The Customer can choose the delivery method by himself. We recommend choosing the "Signature Release" method, as the responsibility for the theft and loss of the parcel lies entirely on the Customer.

6.11. In the case of tracking the parcel by the Customer and detecting the delivery of the cargo to a third party, the Customer undertakes to inform the Carrier (DHL) no later than 3 calendar days and independently submit an application for the search of the parcel. DHL is obliged to search for the parcel and investigate the fact of the loss of the parcel, using wiretapping of phone calls, CCTV camera recordings, GPS sensor data, DVR recordings.

Based on the results of the investigation, the parcel will be found or, in case of loss of the parcel, DHL is obliged to provide an official written opinion, on the basis of which the Customer submits a claim to DHL.

In case of detection of fraud, DHL sends the results of the investigation to the Customer's bank.

6.12. If the parcel is delivered to a third address, not specified neither in the delivery column nor in the waybill, due to the fault of the carrier, after investigation and official written confirmation of this fact by the courier service, the parcel is considered lost. The Seller undertakes to send the parcel with the same product again to the Customer (without any refund).

6.13. The Seller does not empower The courier service representative. He has no right to accept the parcel back from the Buyer (after receiving it).

6.14. The Customer must check the compliance of the Products delivered at the time of the delivery and before signing the carrier's delivery note. If there are any visible signs of damage, the Customer indicates (using carrier's delivery note) any defect related to the delivery, and contacts the local DHL by himself to resolve any issues related to damage during delivery. This verification is deemed to be achieved as soon as the Customer, or an empowered person, has signed the delivery note. No claim regarding the condition of the parcel(s) will be admissible thereafter.

6.15. The Customer undertakes for checking the product carefully on the day of the delivery. In case of defects' detection and the delivered goods' incompatibilities, the Customer must immediately notify the Seller by e-mail support@thebazilika.com within 3 calendar days from the date of receiving the parcel.

If the Customer fails to comply with any conditions of the Seller's instructions, the goods will be considered received without any defects.

6.16. If the Customer reports about an incomplete order, the Customer must provide the Seller with the exact weight of the package, gross and net, and after that The DHL transport company will be involved in the investigation.

If the weight of the parcel in the Seller's documents and in the DHL's documents matches, and the Customer declares a different weight, the Customer's claim will be rejected.

6.17. If there are any questions or claims regarding the delivery of the parcel in the destination country, the Customer contacts the local DHL office and resolves all issues related to receiving the parcel by himself.

6.18. Goods information is described in the technical documentation attached to the goods on labels, markings or other means for specific types of goods.

6.19. The website contains approximate delivery times. The Seller is not responsible for any delays caused by customs clearance or unforeseen circumstances that occurred through no fault of the Seller and that could not have been foreseen.

6.20. The Customer has the right to refuse all ordered goods or individual items (if the Order has not been submitted for delivery to the courier service) at any time before it is handed over to the courier service (before the signing of the shipping documents). After transferring the order to the courier service, the Customer cannot cancel the order. The Customer undertakes to accept the parcel.

6.21. The package is sent with an official commercial invoice.

6.22. In case of late receipt of the order due to the Customer's own delay (e.g. failure to collect the parcel within the storage period offered by DHL), DHL office can charge an additional fee for each day of overdue storage, which will be paid by the Customer. This fee is separate from, and does not affect, the customs duties and clearance fees already included in the price of the goods under clauses 3.2 and 7.1.

6.23. The Customs authority has the right to open and inspect parcels. The original packaging of the goods may be damaged. The Seller is not responsible for the package integrity violation after the cargo's inspection.

6.24. For any claim regarding damage to the goods, a missing item, or a discrepancy between the goods ordered and the goods delivered, the Customer must provide the Seller with an uninterrupted video recording of the unboxing of the parcel - filmed continuously, without any cuts, edits or interruptions, from before the parcel is opened until the Products have been fully removed and inspected, and lasting no less than 60 (sixty) seconds - together with the claim submitted in accordance with clause 6.15. The Seller may, at its discretion, reject a claim that is not supported by such a video recording.

 

7. CUSTOMS POLICY

7.1. Customs duties, taxes and clearance fees for the delivery of the goods are included in the price of the goods indicated on the Site and are paid by the Seller (sender) at the time of shipment. All paperwork and payment procedures related to customs clearance are arranged by the Seller (sender); the Customer is not required to make any additional payments in this regard upon delivery.

7.2. The Customer is not required to pay any additional customs duties, taxes or clearance fees upon receipt of the parcel. The only obligation of the Customer in this respect is to provide the courier service (DHL) with such information about himself/herself as may be required to complete customs clearance and delivery of the parcel, if such information is requested by DHL - which the Customer undertakes to provide.

7.3. Before placing an order, the Customer should be aware that the Seller (sender) arranges customs clearance and bears the related customs duties and fees, which are included in the price of the goods. This does not relieve the Customer of the obligation to provide accurate delivery and personal information and, if requested by DHL, any additional information about himself/herself required for customs clearance. In case of the Customer's failure to provide requested information or of a violation of the destination country's customs regulations attributable to the Customer, the parcel may be delayed, returned or destroyed by the carrier.

7.4. The Customer was informed about the Customs policy before making a purchase on the website: in the Shipping section, on the Cart page, in the Terms&Conditions section, and also signed the Terms&Conditions Agreement at the time of purchasing.

The Customer confirms that he was familiar with this information before placing an order.

All Customer's claims about the fact that he was not informed will be declined by the Seller and third parties (Banks, Payment systems).

7.5. The Seller guarantees that the contents of the shipment correspond to the Customer's order, before sending the seller carries out a double check for compliance with the goods being shipped. The name of the goods in the invoice may differ solely for customs clearance purposes. However, the invoice amount cannot exceed the value of the Customer's order, so this will not affect the amount of customs duties, which are borne by the Seller.

7.6. An invoice is provided only upon request of customs authorities for transit shipments. After delivery, the Seller will not be able to provide an invoice to the Customer for technical reasons.

7.7. Since customs duties, taxes and clearance fees are included in the price of the goods and are paid by the Seller, the Customer is not required to calculate or pay these amounts separately. For informational purposes, the Customer may contact the local DHL office or Customer Care for an explanation of how these amounts are factored into the price.

 

8. TRANSIT PARCELS

8.1. Once an order was shipped and in transit it is impossible to cancel the order or redirect it to another country.

The parcel technically cannot be returned to the Seller's warehouse. The parcel cannot be redirected to another country as well due to the rules of international transportation and customs policy.

8.2. The Customer was informed about the Shipping policy before making a purchase on the website: in the Shipping section, on the Cart page, in the Terms&Conditions section, and also signed the Terms&Conditions Agreement at the time of purchasing.

The Customer confirms that he was familiar with this information before placing an order.

All Customer's claims about the fact that he was not informed will be declined by the Seller and third parties (Banks, Payment systems).

8.3. If the Customer does not receive the parcel within 10 calendar days upon its arrival at the destination country or refuses the parcel on his own before this period, the parcel will be considered abandoned and destroyed by the carrier.

8.4. If the Customer does not receive the parcel at the destination country, it will be destroyed by the carrier without any refund to the Customer. From this moment on, further tracking of the parcel is not carried out. The Seller will not be able to provide any information about the shipment, all Сustomer requests will be rejected. To obtain any additional information about the parcel, the Customer himself contacts the carrier.

Also the Seller will not be able in any way to influence the procedure for customs clearance and cancellation of the parcel's destruction. The Customer was familiar with the rules of the international transportation before the purchase. More details in paragraphs 1.2 and 1.4.

 

9. RETURN, EXCHANGE AND ORDER CANCELLATION

9.1. Exchange and return of goods of proper quality (i.e. not related to a manufacturing defect or damage in transit - see Section 10 for goods of inadequate quality) are not available for any Order placed on the Site, regardless of the destination country. This policy is due to objective logistical constraints: all parcels are shipped from the Russian Federation, there is currently no established channel for re-importing goods back into Russia, and the customs and brokerage procedures and fees involved would in many cases exceed the value of the goods themselves. This limitation reflects an objective logistical impossibility and is not an arbitrary decision of the Seller.

9.2. The Customer was informed about this policy before making a purchase on the website: in the Shipping section, Return Policy, on the Cart page, in the Terms&Conditions section, and also signs the Terms&Conditions Agreement at the time of purchase. By placing an Order, the Customer confirms that he has read, understood and accepted this policy, and takes full responsibility for his decision to place the Order regardless of this policy. The Seller asks the Customer not to place an Order if the Customer does not agree with this condition.

9.3. All Customer's claims about the fact that he was not informed about this policy will be declined by the Seller and third parties (Banks, Payment systems).

9.4. Should the Seller, at its sole discretion, exceptionally agree to accept a return or exchange in a particular case as a gesture of goodwill, this does not constitute a waiver of this Section 9, does not create any precedent, and does not give rise to any obligation of the Seller to accept a return or exchange in any other case, whether for the same Customer or any other Customer.

 

10. RETURNS OF THE INADEQUATE QUALITY GOODS

10.1. A good of inadequate quality is a good that has defects and cannot provide its functional qualities. The difference between the elements of design or decoration from those stated in the description on the website is not a malfunction or a goods non-functionality.

10.2. The return of inadequate quality goods is made only on the basis of examination.

10.3. Before executing the return procedure The Customer takes responsibility to notify the Seller about the detection of defects in the goods. If the Customer ships the inadequate quality goods back without prior warning of the defects' presence, The Seller has the right to refuse the return procedure and send the parcel back to the Customer.

10.4. To return the goods of inadequate quality, the buyer should:

send a scan of the written and signed by the Customer claim to the Seller's email address support@thebazilika.com, together with a video recording clearly showing the defect. The recording must be continuous and unedited, with no cuts or interruptions, and must be at least 60 (sixty) seconds in duration. Photographs alone will not be accepted as evidence of a defect, as they can be edited or manipulated and do not reliably demonstrate the defect; only video recordings - including the unboxing video recording required under clause 6.24 - will be considered.

If it is impossible to determine the presence of a manufacturing defect from the video recording, the Customer has to prove its presence and carry out an independent expert examination by himself.

if an independent expert examination proves the presence of manufacturing defects, the Seller will exchange the goods for the identical product of proper quality (if it's available in stock), or equal in value product, and compensates the examination costs as well.

if an independent expert examination proves the absence of a manufacturing defects or the fact that the Customer has violated the goods' care rules, the exchange will not be made, the Customer undertakes all costs for the conducting an independent examination.

10.4.1. If the delivered Order turned out to be of inadequate quality due to the manufacturing defects or damages during transportation, the Buyer has the right to exchange it for the identical product of proper quality (if it's available in stock) or equal in value product.

10.5. In addition to the requirements of clause 10.4, any claim regarding inadequate quality of the goods must be supported by an uninterrupted unboxing video recording as described in clause 6.24. The Seller may reject a claim that is not supported by such evidence.

 

11. REFUND

11.1. The Seller returns the money to the Customer after receiving and inspecting the returned item in accordance with the return policy within 3 business days. The term for crediting funds to the Customer's account depends on the terms established by the internal rules of the receiving bank.

11.2. The Seller does not affect and is not responsible for the timing of crediting funds.

11.3. The refund is made only to the same bank card or account from which the order was paid. If the Customer's card from which the payment was made is blocked, the refund will also be made automatically. Money will be transferred to the account of the linked card. The Seller cannot influence the refund process in any way.

11.4. The Seller makes a full refund to the Customer excluding initial shipping costs. Customs duties are borne by the Seller and are not deducted from the refund. The amount of refund may vary depending on the currency exchange rate on the day of the purchase and refund.

 

12. CONFIDENTIALITY AND CUSTOMER PERSONAL DATA PROTECTION

12.1. During registration on the website or the transfer of your data to our specialist by phone, the Customer provides the Seller (BAZILIKA) with the following information: First name, Last name, e-mail address, gender, date of birth, phone number and address for goods delivery. In case of return of the goods, the Customer shall provide the Seller with the passport data and the details of a bank card. The Seller may use this information for execution of its obligations to the Customer. The Seller recognizes the importance of confidentiality of personal information, provided by the Customer.

By providing his personal information to the Seller, the Customer agrees on their processing by the Seller, including for execution of the Seller's obligations to the Customer within the conditions of this offer, for promotion of goods and services by means of sending of advertising information mailings, for realisation of electronic and sms-polls, competitions and other promotion actions among the Customers, analysis of the results of marketing actions, customer support, statistical research, organisation of the Order delivery, monitoring of Customers' satisfaction with quality of services provided by the Seller.

People visiting our website, as well as our Customers, agree that in order to fulfil the obligations to the Customer, as well as to undertake the market research, to form the analysis reports and other marketing activities, the Seller can disclose the Customer's personal data (including date of birth, e-mail address, social network accounts, purchase history, interests records etc.) to third parties in accordance with the Agreement signed with third parties, under condition of respecting the data protection (privacy) law.

The processing of personal data means any action, committed with or without the use of automation tools with personal data, including gathering, recording, systematisation, accumulation, storage, specification (update, modification), extraction, use, transfer (including transfer to the third parties, not excluding cross-border data transmission, if the need in such transmission has arisen in the course of fulfilling the obligations to the Customer), depersonalisation, blocking, deletion and erasure of personal data.

The Seller has the right to process personal data, including by sending to the Customer the correspondence of advertising character to the specified mailing addresses, by means of phone calls or sending sms-messages and messages through the internet messaging systems, and also by sending e-mails of advertising character to the email addresses, specified by the Customers.

The Customer may refuse to receive the newsletters, advertising, and other information without giving any reason by any of the following ways:

The Customer shall contact the Customer Care service by sending an e-mail message to the e-mail address: support@thebazilika.com or by contacting the specialists of the Customer Care service by phone +7 (800) 707-33-76.

12.2. The Seller must not disclose any information received from the Customer. However, if the information was conveyed to the Seller's agents and the third parties, acting on the basis of an agreement with the Seller, is not considered as a violation, as this may be done in order to fulfil the Seller's obligations to the Customer.

12.3. The Seller has the right to use the «cookies» technology. «Cookies» do not contain confidential information. The visitor of the website or the Customer gives his consent for gathering, analysis and use of cookies, including by the third parties for the purposes of statistics and optimisation of the advertising messages. The Seller receives information about the IP-address of the visitors of websites и https://thebazilika.com, https://en.thebazilika.com, https://us.thebazilika.com. This information is not used for the visitor identification.

12.4. The Seller has the right to record the telephone conversations with the Customer. At that, the Seller undertakes to: prevent unauthorised access to the information obtained in the course of telephone conversations, and/or transfer of such information to the third parties, which are not directly related to the execution of the Orders, in accordance with the paragraph 4 of the Article 16 of the Federal Law "On Information, Information Technologies and Information Protection».

12.5. The Customer gives permission to use self photos posted on the website https://www.instagram.com with the mark of the Seller's account @thebazilika for further use of these photos on the Seller's website and in the Seller's account @thebazilika at https://www.instagram.com/thebazilika/.

 

13. FRAUD AND LIABILITY

13.1. Fraud is a criminal act punishable by law. Depending on the court decision fraudulent actions may cause restraint or fine imposition (depending on the degree of violation).

13.2. The Seller together with the third parties is fighting against the fraud actions.

13.3. The Customer is fully aware of the consequences for fraudulent actions.

13.4. If the Seller has detected the Customer's fraud actions, he is obliged to conduct an investigation with the involvement of bank organizations, payment systems and the carrier service.

13.5. If the investigation results confirm a fraud, the Seller imparts the investigation data to the Customer's bank, payment system, carrier, advocate and law companies that will represent the Seller's interests in the Customer's country.

13.6. The Seller applies to the court at the Customer's residence.

13.7. Any fraudulent actions related to bank cards or non-receipt of an order can not be addressed to the Seller, according to paragraphs 4.1, 5.3, 6.7. All requests to the Seller will be rejected.

13.8. Where the Seller holds evidence that an Order was properly processed, shipped and delivered in accordance with these Terms (including, without limitation, tracking and delivery confirmation, a signature on delivery, customs documentation, and/or an unboxing video recording provided by the Customer under clause 6.24), the Seller reserves the right to contest and dispute any chargeback, dispute or claim raised by the Customer with a bank, payment system or payment processor. If a chargeback or payment reversal is nonetheless granted in the Customer's favor despite such evidence, the Seller reserves the right to seek recovery of the disputed amount, together with any related fees, costs and expenses incurred by the Seller, from the Customer by any lawful means, including legal action. If such legal action is brought and a court or other competent authority determines that the chargeback or payment reversal was unjustified and rules in the Seller's favor, the Customer shall bear the court fees and legal representation costs recoverable from the losing party under the applicable procedural law.

 

14. GOVERNING LAW - DISPUTES

14.1. Applicable Law and Binding Nature of the Agreement

14.1.1. The relationship between the Seller (BAZILIKA) and the Customer arises from a distance sale and purchase agreement concluded by means of placing and confirming an Order on the Seller's official website.

14.1.2. These Terms and Conditions define the contractual terms for the sale of goods, payment, delivery, performance of the parties' obligations and resolution of disputes that may arise. Upon due conclusion of the agreement, its terms become legally binding on both parties and are subject to good-faith performance.

14.1.3. By placing an Order and confirming acceptance of these Terms, the Customer assumes the obligations provided for by the agreement, including the obligation to provide accurate information, to pay for the goods, to cooperate with delivery, and to comply with the agreed procedures for interaction with the Seller.

14.1.4. The parties expressly agree that this agreement is governed by and construed in accordance with the laws of the Russian Federation, to the extent permitted by the applicable rules of private international law.

14.1.5. The Seller conducts international trade and delivers goods to various countries. The mere fact that the Customer places an Order from a foreign country, or that the goods are delivered outside the Russian Federation, does not by itself mean that this agreement is automatically subject to the law of the Customer's country of residence or of the country of destination.

14.1.6. The Customer acknowledges that the terms of these Terms and Conditions form an integral part of the concluded agreement and are of legal significance in the examination of claims, payment disputes and court proceedings. The Seller is entitled to rely on the agreed terms of the agreement, evidence of their acceptance by the Customer, and documents evidencing the proper performance of its obligations.

14.1.7. Neither party may unilaterally disregard valid contractual obligations solely on the ground of disagreement with terms previously accepted.

14.1.8. The provisions of this clause do not exclude the application of mandatory rules of law which, under the applicable conflict-of-laws rules, must be applied to a given agreement and which cannot be altered or excluded by agreement of the parties.

14.2. In case of unresolved issues, disputes and disagreements, the Customer should contact the Seller directly by sending written requests to the Seller's email address support@thebazilika.com

14.3. If the agreement is not reached, the Buyer has the right to send a written claim by registered letter with receipt to the Seller's address with full information concerning the order, passport data, date, signature and contact information for the letter of reply.

14.4. If the Buyer does not agree with the Seller's response, he has the right to apply to the court at the Seller's location.

14.5. If the Seller receives any requests, inquiries, chargebacks or disputes related to a purchase from banks, payment systems or third-party organizations, the Seller reserves the right to respond to such requests by referring to these Terms and Conditions and by providing relevant evidence of the Order, its fulfilment, and the Customer's acceptance of these Terms. The Buyer agrees that these Terms and Conditions, together with such evidence, may be relied upon by the Seller in any such proceeding.

 

15. FORCE MAJEURE

15.1. Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to: natural disasters, war, military action, terrorism, civil unrest, epidemics, government action, changes in law or regulation, sanctions or other restrictive measures, strikes or other labour disputes, failures of carriers, postal or customs authorities, and disruptions to payment, banking or telecommunications systems.

15.2. If a force majeure event continues for more than 30 calendar days, either party may cancel the affected Order, in which case the Seller shall refund any amount paid by the Customer for the affected Order, less any costs already irrevocably incurred by the Seller in connection with that Order.

 

16. LIMITATION OF LIABILITY

16.1. To the maximum extent permitted by applicable law, the Seller's total liability to the Customer in connection with any Order shall not exceed the price paid by the Customer for the goods giving rise to the claim.

16.2. The Seller shall not be liable for any indirect, incidental, consequential or special damages, including loss of profit, loss of data, or loss of opportunity, arising out of or in connection with these Terms or any Order.

16.3. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable mandatory law.

 

17. SEVERABILITY

17.1. If any provision of these Terms is found by a court or other competent authority of any jurisdiction to be invalid, unlawful or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, lawful and enforceable, or, if such modification is not possible, shall be deemed deleted. The validity, legality and enforceability of the remaining provisions of these Terms shall not be affected or impaired in any way, and such provisions shall continue in full force and effect in all other respects and in all other jurisdictions.

 

18. SANCTIONS AND EXPORT CONTROLS

18.1. The Customer represents that the Customer, and (where different) the recipient of the goods, is not subject to any applicable trade, economic or financial sanctions, embargoes or other restrictive measures, and that the purchase and delivery of the goods will not violate any applicable export control, sanctions or similar laws or regulations.

18.2. The Seller reserves the right to refuse to process, cancel or suspend any Order, without liability, where the Seller reasonably believes that processing the Order would violate any applicable sanctions, export control or similar laws or regulations.

 

19. LANGUAGE OF THE AGREEMENT

19.1. These Terms and Conditions may be made available in several languages for the Customer's convenience. In case of any discrepancy or inconsistency between language versions, the English-language version shall prevail and shall be the version relied upon for the interpretation of these Terms, unless mandatory local law requires otherwise.