Public Offer Contract for the sale of goods as per samples via online shop.
Izhevsk, Russia, 2017.
1. General Provisions
1.1 This document, published on http://razlozhis.ru ,the website of Mebel “Razlozhis” online shop, is an official public offer (a Public Offer in accordance with clause 1 of Article 435 and clause 2 of Article 437 of the Civil Code of the Russian Federation) by the Limited Liability Company “Supermebel” (hereinafter referred to as the “Seller”). This Public Offer contains all material conditions for the provision of selling, delivery, returns and exchanges of the goods available on the Seller’s website http://razlozhis.ru .
1.2. In accordance with clause 2 of Article 437 of the Civil Code of the Russian Federation, an individual or corporate entity agreeing to the conditions described below and paying for the services, thus accepting this Offer becomes a Customer, and the Seller and the Customer mutually become the Parties of the Offer Contract. In accordance with clause 1 and clause 3 of Article 438 of the Civil Code of the Russian Federation, the payment for the Goods by the Customer shall be considered the Accept of this Offer, therefore equal to making Contract under the conditions described below in this Offer.
1.3 The Customer undertakes to read closely the text of this Offer. In case the Customer does not accept the Offer conditions or any part of the conditions, the Seller recommends the Customer refuse to enter into this Offer Contract or use the Seller services.
1.4 In this Offer, unless the context otherwise requires, hereinafter contained terms mean the following:
“Offer” means a public offer made by the Seller for general public to make a sale and purchase contract (hereinafter referred to as the “Contract“) under existing conditions, defined in the Contract, including all its Addenda.
“Seller” means the limited liability company “Supermebel”, selling the Goods available on the website http://razlozhis.ru
“Customer” means entity or a legally capable person , aged 18 and above, intending to order and buy the Goods, placing the order on the website http://razlozhis.ru and providing the Seller with private personal data for setting the Order (contact person, e-mail address, telephone number, Goods delivery address).
“Accept” means that the Customer accepts all conditions of the Contract in full and unconditionally.
“Website” means a web resource in the Internet at the address http://razlozhis.ru where any Customer can take a look at the available Goods, their descriptions and prices, choose the certain Goods, method of payment and delivery, and place an order.
“Goods” means a list of items of the range provided at the official website.
“Non-conforming Goods” means an item of Goods that has revealed irremediable defects, i.e. the defects that cannot be repaired without disproportionate expenses or time expenditure or reveal continually or multiple times after their repair and other similar defects.
“Order” means duly recorded requirement of the Customer for purchase and delivery of the Goods available on the Website.
“Operator” means the Seller or a person employed by the Seller and consulting the Customer, and taking Orders via telephone or electronic communication.
“Delivery Service” means a legal entity providing transport and forwarding services on delivery of orders to Customers on the basis of a contract with the Seller.
“Delivery of Goods” means a direct transfer of the ordered Goods from a Delivery Service employee to a Customer at locations specified by the Customer as a place of delivery or at a pick-up point of the Delivery Service.
1.5 This Offer is drawn up in accordance with “The Rules of distance selling of goods” approved by a decision of the Government of the Russian Federation dated September 27, 2007 No.612 and
Consumer Right Protection Law dated February 7, 1992 No.2300-1 with the latest amendments dated June 27, 2011.
1.6. The Seller retains the right to make alterations in the Contract.
2. Subject of the Offer.
2.1. The Seller shall sell the Goods available on the website by photo of the samples, in accordance with the valid price-list published on the Seller Internet site, and the Customer shall execute the payment and receive the Goods according to the conditions set out in this Contract.
2.2 The Customer undertakes not to use the Goods ordered at the Internet site or by the Operator for commercial purposes unless it is specified with the Seller in advance.
2.3 This Contract and its Addenda shall be official papers of the Seller and an integral part of the Offer. The current valid version of every abovementioned document shall be published at the Seller website.
2.4 Any information material available on the website http://razlozhis.ru is given for reference only and cannot fully convey precise information on certain properties and features of Goods, such as color, shape, size and workmanship. In case of the arising questions on properties and features of Goods the Customer shall consult with the Operator or send inquiry to the e-mail razlozhis@mail.ru
3. Placement of order.
3.1 Customer shall place an order on the online shop site independently. It is possible to place an order by sending a corresponding letter to the Seller e-mail razlozhis@mail.ru or make a call to the Operator to +7 (3412) 77-48-84.
3.2 The orders come to the Seller via Order acceptance system integrated in the Seller online shop website.
3.3 To place an order the Customer shall fill in the Registration form and specify the following data in the Russian language: contact person; operating address and postal code of delivery; e-mail address; phone numbers.
3.4 The Customer accepts the terms and conditions of this Contract by clicking the button “Place an order” at the last step of the order placement on Seller online shop website or by telling the Operator his/her registration data by telephone.
3.5 The Operator shall not change or edit any Customer registration data without the consent of the latter.
3.6 The Seller reserves the right to refuse to register the Customer, or cancel Customer registration on the Seller online shop website without assigning any reasons.
3.7 When the item of Goods is non-available in store, the manager of an online shop informs the Customer on it (via telephone or e-mail).
4. Term of order confirmation.
4.1 After the order placement the Customer receives the data on his/her order with the statement of final cost of the Goods to the e-mail address specified in the Registration form.
4.2 Within 2 working days since the Order receipt the Seller representative shall contact with the Consumer to confirm the order.
4.3 In case the Customer breaches the Contract, the Seller reserves the right to cancel the order at the Order confirmation step.
4.4 The Customer has the right to make an advanced order for temporary non-available Goods.
5. Timing of orders.
5.1 Time within the Seller undertakes to fulfill the order makes from one working day up to two calendar months. This time shall be counted from the date that the money enters the Seller’s current account. The order lead time depends on the chosen Goods items availability at the Seller’s office or in Suppliers’ stores.
5.2 In exceptional cases the order lead time can be agreed with the Customer individually depending on the features and the quantity of the ordered Goods.
5.3 In case some part of the Order is impossible to execute (e.g. due to unavailability of material or technical capacity), the Seller has the right to cancel a certain specified item of Goods from the Customer order. The Seller undertakes to notify the Customer about the changes in content of the Order by sending a message to Customer e-mail address.
5.4 The Order is considered to be fulfilled at the moment of the Goods handover to the Customer in the Seller’s office or at the moment of the Goods handover to the Customer by the Delivery Service, specified at the order placement.
6. Order delivery.
6.1 Ways of order delivery are specified on the website of the online shop. Terms of delivery depend on working hours of the Delivery Service. The Seller shall not be liable for the work of the Delivery Service.
6.3 The cost of delivery is calculated based on Delivery Service prices. The cost of delivery depends on weight and region of delivery. Cost and terms of delivery are communicated to the Customer by sending a message to the e-mail address or by telephone specified at order placement on the Seller online shop website.
7. Paying for the Order.
7.1 The Customer payment for the Order, placed individually or with help of an Operator on the website, means that the Customer accepts the terms and conditions of this Contract. The day of monetary means enrolment to the Seller account shall be the date of the Offer Contract between the Seller and the Customer.
7.2 Payment for the order shall be executed in Russian roubles. Methods of payment are specified on the online shop website.
7.3 The Customer can receive the Goods only after 100% advanced payment.
7.4 The price in Russian roubles for every item of Goods is specified on the online shop website. Prices for any items of Goods specified on the online shop website can be changed by the Seller on a unilateral basis, but not after the Customer placed the Order.
8. Return of the Goods and money refund.
8.1 In accordance with clause 4 of article 26.1 of the Customer Right Protection Law No.2300-1, the Customer has the right to refuse from the ordered Goods at any time before the moment of the order execution and payment execution.
8.2 The Customer has no right to refuse from the paid Order (or any part of the order) of a proper quality, being specific goods.
8.3 In case the Customer received the Goods of improper quality or Goods of proper quality in the wrong quantity, range, dimensions and completeness of set, the Customer has the right within 7 days after the Goods receipt to notify the Seller on the incompliance found and provide the Goods to the Seller to check the Goods quality. The Goods return or exchange shall be done either in the Seller office or send by the Customer to the registered address of the Seller by a Delivery service. The expenses on Goods delivery shall be borne by the Seller. The refund of money paid for the Goods shall be done in accordance with item 8.6 of this Contract.
8.4 Return of goods of proper quality that does not suit in the minds of a Customer by its design, shade of the basic material, shape and material of finish is possible within 7 days, provided the Goods maintain marketable appearance and all consumer properties. Return of Goods shall be performed by prior arrangement with the Customer in the Seller office, or send by the Customer to the registered address of the Seller by a Delivery service. The expenses on Goods delivery shall be borne by the Customer. The refund of money paid for the Goods shall be done in accordance with item 8.6 of this Contract.
8.5 In accordance with article 22 of the
Customer Right Protection Law No.2300-1 of the Russian Federation in case of improper quality goods return the sum of money paid for Order (including the sum of delivery of goods from the Seller to the Customer and back), shall be refunded to the Customer within 10 consecutive days from the date of the receipt of return goods by the Seller. In some cases the time of the refund can be increased up to 20 consecutive days due to identification of improper features of the return goods according to the existing standard of quality. In case of return of proper quality goods, the sum for delivery from the Seller to the Customer shall be deducted.
8.6 The refund of monetary means shall be done basing on the Customer application (the application form shall be sent to the Customer via e-mail) by bank transfer to the account or card of the Customer; or by postal money-order to the Customer address, specified at the Order placement.
8.7 In case the Goods were paid through LLC “Payonline system”, electronic payment system, the payment refund shall be done to that very card from which the payment was made.
9. Ownership of intellectual property.
Any textual information and graphic images posted on the website are owned by the Seller and/or Seller’s Suppliers.
10 Personal data.
10.1 Making the Goods Order on the website or with help of an Operator the Seller hereby gives his/her consent or his/her personal data to be collected and processed for delivery of the ordered Goods and execution of this Contract.
10.2 When collecting and processing the Customer personal data, the Operator pursues no aims except for execution of this Contract and delivery of the ordered Goods to the Customer.
10.3 The Seller has the right to record the telephone talks with the Customer. The telephone talks can be recorded to control the proper work of the Operator and the Order processing improvement.
10.4 In accordance with clause 4 of article 16 of Federal Law “On Information, Information Technologies and the Protection of Information” the Seller undertakes to prevent any unauthorized access attempts to such data and/or its conveyance to persons not executing the Order directly; duly detect and repress such occurrences.
10.5 Access to personal data of Customers shall be only allowed to persons directly executing the Order, viz namely the Seller and Delivery Service.
11. E-mail marketing and advisory messages.
11.1 Registering on the website the Customer gives his/her consent to receive e-mail marketing and advisory messages from the Seller. The abovementioned messages contain information on coming special promotions and other actions of the Seller.
11.2 Marketing and advisory messages shall be sent as an electronic letter to the e-mail address and/or short message (sms) to the telephone number specified by the Customer at registration. Promotional and informational materials can be of paper and printed products and promotional gifts, they can be added to the orders of the Customer or be delivered to the specified postal address in letters and parcels.
12. Guaranties and Warranty.
12.1 The Seller and the Customer guarantee to each other that they have the required legal capacity, as well as full right and authority required and necessary and sufficient to conclude and execute the Retail Sales Contract.
12.2 The Customer guarantees that he/she understands all the statements of present Conditions, and he/she accepts them ultimately and in full.
12.3 Outside of the guaranties expressly specified in this Offer text, the Seller provides no other direct or indirect guaranties on this Offer Contract.
12.4 No information or advice given by the Seller (responsible person of the Seller) shall be regarded as guaranties whereas they turn to be advice only.
12.5 Warranty life of the Goods makes 12 months since the Goods handover to the Customer. The warranty shall not cover the Goods which are used in an unintended manner or with abuse of usage rules and regulations set for given type of articles, as well as those specified by this Contract.
13. Rights of the Parties.
13.1 In relations as between the Customer and the Seller the law of the Russian Federation shall be applicable.
13.2 The title to the Order as well as risk of accidental loss or damage shall transfer to the Customer from the moment of the Goods handover to the Customer in the Seller’s office or at the moment of the handover of the goods to Delivery Service employee.
13.3 The Customer can send Claims on improper execution of the order to the e-mail razlozhis@mail.ru or inform the Operator by telephone number +7 (3412) 77-48-84. Any received information shall be processed in the shortest time possible.
13.4 In order to solve the requirements and claims received from the Customer the Seller can ask the Customer make a written declaration, such cases shall be identified by the Seller. The sample for such written declaration can be received by the Customer via e-mail or fax. The filled written declaration shall be sent by the Customer to the Seller via fax or e-mail.
13.5 All disagreements between the Parties shall be settled by means of negotiations. In the case of impossibility to reach an agreement by means of negotiations, all disagreements and disputes shall be settled in the Ustinovskiy district court in Izhevsk, Russia.
14 Liabilities of the Parties
14.1 The Parties shall take responsibility for failing to fulfill or improper fulfillment of the obligations under this Contract in accordance with the Russian Federation legislation in effect.
14.2 The Customer shall be liable for the content and reliability of data given at the order placement. In case the Customer provides incorrect information on his/her contact data or order content (article number of the goods item and size), the Seller shall not be liable for the proper fulfillment of the Order.
14.3 The Seller shall not be liable for Customer’s misuse of the Goods ordered on the website or with help of an Operator.
14.4 Total liability of the Seller under this Offer Contract, any lawsuit or claim as to this Offer Contract or its fulfillment shall be limited by the sum paid to the Seller by the Customer for the Order under this Offer Contract.
14.5 With no contradiction with the abovesaid, the Seller shall exempt from liability for the breach of conditions of this Offer Contract, if such breach is initiated by occurrence of force majeure, including: actions of government authority, fires, floods, earthquakes, other disasters, absence of electricity and/or computer network faults, strikes, civil disorders, riots, any other circumstances without limitation to the abovementioned that can interfere the Offer Contract performance by the Seller.
15. Validity period, alteration, termination of the Offer Contract.
15.1 This Contract shall enter into force upon the moment specified in clause 3.5 of this Offer and is effective till the Seller fulfills its obligations on handling the Goods over the Customer or a Delivery Service employee.
15.2 Annulment by court of any of the clauses contained herein shall not invalidate the other clauses.
15.3 This Offer Contract can be terminated by the Customer only in case of substantial breach of the Contract conditions by the Seller in accordance with the Russian Federation legislation in force and this Offer conditions.
Addresses, payment details and signatures of the Parties.
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Seller: “Supermebel” Limited Liability Company Of.27, 28, bld.154, Maxim Gorkiy St., Izhevsk, Udmurt Republic, 426025 Russia INN (Individual Taxpayer Number) 1831184581 KPP (Registration Reason Code) 183101001 Current Account 40702810568000014968 No.8618 branch of PAO Sberbank, Izhevsk Correspondent account 30101810400000000601 BIC 049401601
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Customer: _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ |