Public offer agreement
1. GENERAL PROVISIONS
1.1. This document, located on the website www.e90.ru, is an official offer (public offer in accordance with paragraph 1 of article 435 and paragraph 2 of article 437 of the Civil Code of the Russian Federation) Vyacheslav Vladimirovich Pikalov - Internet store "Express 90" (hereinafter referred to as the "Seller") and contains all the essential conditions for the sale, payment, delivery, return and exchange of goods presented on the Seller's website at www.e90.ru.
1.2. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (CC RF), if the conditions set out below and payment for services are accepted, the legal entity or individual accepting this offer becomes the Buyer (in accordance with paragraph 1 and paragraph 3 of Article 438 The acceptance of an offer by the Civil Code of the Russian Federation is tantamount to concluding an agreement on the terms set forth in the Offer), and the Seller and the Buyer jointly are parties to the Offer Agreement. The acceptance of this Offer Agreement is carried out by the Buyer when placing an Order on the Website of the Seller's Online Store by selecting the item "I accept the terms of the store, agree to the terms of the offer and agree to the processing of personal data" and pressing the "Place an order" button or when paying for the goods in the event that if the Buyer is not the recipient of the goods.
1.3 The Buyer undertakes to carefully read the text of this Offer. If the Buyer does not agree with its terms, or with any clause of the terms, the Seller offers the Buyer to refuse to conclude the Offer Agreement and use the Seller's services.
2. TERMS AND DEFINITIONS
2.1. Buyer - an individual or legal entity placing Orders on the website www.e90.ru, or indicated as the recipient of the Goods. By agreeing to the terms of the Offer, the Buyer confirms that he is a capable citizen who has reached the age of 18, or a representative of an operating company who has the necessary documents to act on behalf of this legal entity.
2.2. Seller - IP Pikalov Vyacheslav Vladimirovich - Online store "Express 90".
2.3. Online store - an Internet site located on the Internet with the address www.e90.ru. It presents the goods offered by the Seller to its Buyers, as well as the terms of delivery, payment, return and exchange of these goods.
2.4. Website - www.e90.ru
2.5. Order - A duly executed request of the Buyer for delivery of the Goods to the specified address, placed by the Buyer independently on the Site.
2.6. Goods - an object of the material world, not withdrawn from civil circulation and presented for sale on the Site.
2.7. In this Offer, terms not defined in clause 2 may be used. In this case, the interpretation of such a term is made in accordance with the text of this Offer. In the absence of an unambiguous interpretation of the term in the text of the Offer, one should be guided by the interpretation of the term: first of all - on the Seller's website www.e90.ru; in the second place - established on the Internet.
3. SUBJECT OF THE OFFER CONTRACT
3.1. The subject of this Offer Agreement is the sale to the Buyer of the goods presented on the Seller's website, in accordance with the placed Order of the Buyer.
4. PRODUCT INFORMATION
4.1. The goods are presented on the Seller's Website through photo samples, which are the property of the Seller.
4.2. The presented photo samples contain one or more types of goods of a certain article and textual information: article, manufacturer's trademark, company owning this trademark, country of production location, composition and cost per unit of production, European and corresponding Russian sizes, any other additional information .
4.3. All Goods posted on the Seller's website have the necessary certificates for sale in accordance with the legislation of the Russian Federation.
5. ORDER OF PURCHASE OF GOODS
5.1. The Buyer goes through the registration procedure on the Seller's Website www.e90.ru with the obligatory confirmation of familiarization with the terms of this Offer Agreement. The Buyer is responsible for the accuracy of the information provided during registration and the Order. Otherwise, the Seller is not responsible for timely delivery.
5.2. The registered Buyer of the online store has the right to place an Order for any Goods presented on the Site and available in the Seller's warehouse. By placing an Order on the Website of the Online Store, the Buyer assumes the obligation to pay for the Order / Goods and its acceptance, and the Seller assumes the obligations to deliver and transfer the paid Order / Goods to the Buyer's ownership.
5.3. Orders are accepted by the Seller through the Order Acceptance System integrated into the Seller's Website.
5.4. The Seller has the right to limit the number of Goods that the Buyer places in the Order, informing the Buyer about it.
5.5. After receiving the Order, the Seller provides a responsible manager who, on behalf of the Seller, agrees with the Buyer all the essential conditions, including delivery, order cost and payment for the Goods.
5.6. In the absence of the Goods in the warehouse of the Seller, the Seller is obliged to inform the Buyer about this in writing (via e-mail) or verbally (via telephone). In this case, the Buyer has the right to replace the missing Product with a similar Product, refuse this Product, cancel the Order.
5.7. The Buyer has the right to completely or partially refuse to purchase the Goods at any time before paying for the Goods, informing the Seller through special tools built into the Site Ordering system, by e-mail from the address specified by the Buyer during registration on the Site, as well as by phone or at delivery of the Goods by a representative of the delivery service (own or working under an agreement with the Seller).
5.8. The Seller reserves the right to unilaterally stop accepting Orders from the Buyer and shipping the Goods to the Buyer who systematically violates the terms of this Offer Agreement or has a negative impact on the operation of the Online Store by overloading the services of the Online Store.
5.9. Confirmations of the agreed terms of shipment, delivery and payment for the Goods are sent by the Seller by e-mail.
5.10. Based on the received Order and the agreed conditions, the Seller ships the Goods to the Buyer.
6. PROCESSING AND STORAGE OF PERSONAL INFORMATION
6.1. When registering, the Buyer undertakes to provide the following information about himself: last name, first name, patronymic, gender, date of birth, place (city, locality) of residence, e-mail address, contact phone number, password to access the Site (section "Entering the online store "). For the correct processing of the Order and delivery of the Goods, the Buyer indicates the correct address and the desired delivery interval.
6.2. The Seller is not responsible for the accuracy and content of the information provided by the Buyer.
6.3. All information received by the Seller from the Buyer is confidential and cannot be transferred to third parties without the Buyer's permission, except as described in clause 6.4. and 6.6. of this Offer Agreement.
6.4. The Buyer agrees to the processing by the Seller of the transferred personal data (including transfer to third parties) in order to fulfill the Seller's obligations to fulfill this Offer Agreement to the Buyer, as well as to promote new Goods and services and for other purposes specified in this Agreement. If the Buyer does not want his personal data to be processed by the Seller, he undertakes to notify the Seller in writing through the feedback form posted on the Seller's Website. In this case, the Buyer is deprived of the opportunity to use the services of the online store and place Orders.
6.5. Information about the Buyer can be transferred to official bodies strictly in accordance with the requirements of the legislation of the Russian Federation.
6.6. The Seller has the right to send advertising or informational messages to the Buyer. The Buyer has the right to refuse advertising and information messages by writing a request through the feedback form posted on the site or by changing the settings in the personal section of the Site ("Personal Account").
7. PRICE OF GOODS AND TERMS OF PAYMENT
7.1. Payment for the Goods ordered by the Buyer on the Website of the Online Store is carried out in rubles by transferring cash to the Seller's courier (own or working under an agreement with the Seller) or by other payment methods indicated on the website (payment by electronic money, bank transfer, payment by bank card).
7.2. Payment for the Order includes the cost of the Goods and the cost of delivery of the Goods to the address specified by the Buyer when placing the Order.
7.3. The price of the Goods is indicated on the Website of the online store. The cost and terms of delivery are specified in the sections of the Site "Delivery and Payment".
7.4. In the event of an incorrectly indicated price, the Seller undertakes to notify the Buyer as soon as possible. At the same time, the Buyer has the right to refuse to purchase the Goods in whole or in part, following clause 5.7. of this Offer Agreement. If it is impossible to contact the Buyer, the Order is considered canceled.
7.5. The Seller reserves the right to change prices unilaterally. At the same time, the price of the Goods already ordered by the Buyer through the Site is not subject to change.
8. TERMS OF DELIVERY OF GOODS
8.1. The Seller delivers the Goods ordered by the Buyer using its own or external delivery service.
8.2. The terms and cost of delivery are indicated on the Seller's Website in the "Delivery" section. The cost of delivery may vary depending on the weight, dimensions of the Goods, as well as the region and method of delivery.
8.3. When transferring the Goods to the Buyer, the representative of the delivery service has the right to require an identity document of the Buyer in order to counteract fraud.
8.4. The Seller undertakes to make every possible effort to deliver the Goods ordered by the Buyer within the time specified on the website. However, the Seller assumes no responsibility for delays that occur through no fault of the Seller.
8.5. Title to the Goods and all risks associated with title shall pass to the Buyer upon receipt of the Goods by the Buyer, as evidenced by the Buyer's signature on the shipping documents confirming delivery.
8.6. In the event of a change in the delivery time, the Seller undertakes to immediately inform the Buyer about the change in the terms of delivery in order to obtain consent to the new conditions for the execution of the Order in whole or in part. The Seller informs the Buyer by telephone or electronic communication.
9. TERMS OF RETURN
9.1. When transferring the Goods by a representative of the delivery service, the Buyer is obliged to check the Goods for the following parameters: completeness, correspondence of the articles of the transferred Goods and the article in the invoice, dimensions, absence of external damage.
9.2. In case of violations specified in clause 9.1. parameters of the Order for any of the articles, the Buyer has the right to refuse to purchase and pay for the Goods of this article. In case of partial refusal of the Goods, the Buyer is obliged to pay the full cost of delivery. In the event of a complete rejection of the Goods delivered with violations (clause 9.1.), the Buyer is released from paying the cost of delivery.
9.3. In the event of the correct execution of the Order by the Seller, the Buyer has the right to completely or partially refuse to purchase the Goods when the Goods are handed over by a representative of the delivery service, while paying the full cost of delivery agreed with the Buyer when placing the Order on the Seller's Website.
9.4. The Buyer has the right to fully or partially return the Goods of good quality within fourteen calendar days after receiving the Order / Goods from the representative of the delivery service. Goods of good quality must have the original appearance, complete set, packaging with which it was handed over to the Buyer upon acceptance. Returns are only possible upon agreement with the Seller. When returning goods of good quality, the Buyer is obliged to pay the transportation costs incurred by the Seller to return the Goods to the warehouse. The cost of returning the goods is set individually and communicated to the Buyer via e-mail.
9.5. The Seller has the right not to accept the return of the Goods if the Goods were in use, in the absence of factory packaging or in the event of loss of its presentation, external damage to the goods, discrepancy between numbers on the goods and packaging, violation of completeness, absence of factory labels, as well as cashier's check.
9.6. The Buyer has the right to return the Goods of inadequate quality within the warranty period of 14 calendar days from the date of purchase. The Good of inadequate quality is understood as the Good that is defective and cannot ensure the fulfillment of its functional qualities. The procedure for returning the Goods is described in detail on the Seller's website. The return of goods of inadequate quality requires a mandatory examination. If it is discovered that the defects in the quality of the Goods have arisen through no fault of the Seller, the costs of the examination shall be borne by the Buyer.
9.7. Refunds to the Buyer are made within 10 calendar days after a positive decision of the examination (recognition by the examination of the quality of the Goods as inadequate in accordance with clause 9.6.) to the Buyer's bank account. Upon additional agreement, it is possible to transfer funds by postal order or by courier. When returning goods of good quality (clause 9.4.), the returned amount of money will be reduced by the amount of the commission for transferring funds to the Buyer's account or for the courier's departure to return the money, as well as by the cost of returning the Goods from the Buyer back to the Seller. When returning the Goods of inadequate quality (clause 9.6.), the Seller reimburses the Buyer for the cost of the returned Goods and the cost of the commission for the transfer of funds (or the departure of the courier) and the cost of the delivery paid by the consumer.
9.8. When returning goods of good quality, the Buyer undertakes to return to the Seller all gifts, prizes transferred to the Buyer with the Goods. If the Buyer does not return the transferred gifts, prizes to the Seller, then the Buyer compensates the cost of their cost from the amount of the returned funds or requires compensation of costs in a legal manner. The Seller also has the right to reduce the account of the cumulative discount or bonuses of the Buyer in the Seller's online store.
10. RESPONSIBILITIES OF THE PARTIES
10.1. For failure to fulfill or improper fulfillment of obligations under this agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.
10.2. The Seller is not responsible for the inability to service the Buyer for any reasons beyond his control, including disruption of communication lines, equipment malfunction, failure to fulfill the obligations of providers of certain services, etc.
10.3. If, for any reason, the Seller does not ship the Goods to the Buyer or ships the Goods in violation of the deadlines, the Seller's liability for the violation of the Offer Agreement is limited solely to the extension of the delivery time of the Goods.
10.4. The Seller under no circumstances bears any responsibility under the Offer Agreement for:
a) any actions and / or inactions that are a direct or indirect result of the actions / inactions of any third parties;
b) any indirect losses and/or lost profits of the Buyer and/or third parties, regardless of whether the Seller could foresee the possibility of such losses or not;
c) the use (impossibility of use) and any consequences of the use (impossibility of use) by the Buyer of the form of payment for the Goods chosen by him under the Offer agreement.
10.5. The total liability of the Seller under the Offer Agreement, for any claim or claim in relation to the Offer Agreement or its execution, is limited to the amount of the payment paid to the Seller by the Buyer under the Offer Agreement.
10.6. Without conflicting with the above, the Seller is released from liability for violation of the terms of the Offer agreement, if such violation is caused by force majeure circumstances (force majeure), including: actions of public authorities, fire, flood, earthquake, other acts of God, absence electricity and / or computer network failures, strikes, civil unrest, riots, any other circumstances, not limited to the above, that may affect the Seller's performance of the Offer agreement.
10.7. All disputes and disagreements are resolved through negotiations between the Parties. If disputes and disagreements cannot be settled through negotiations, they are referred to the Arbitration Court.
11. TERM, AMENDMENT, TERMINATION OF THE OFFER CONTRACT
11.1. The Agreement comes into force from the moment specified in clause 1.2 of this Offer and is valid until the Parties fulfill their obligations.
11.2. Recognition by the court of the invalidity of any of the clauses of this Offer Agreement does not entail the invalidity of other clauses.
11.3. The Offer Agreement may be terminated by the Buyer only in the event of a material breach of the terms of the Offer Agreement by the Seller in accordance with the current legislation of the Russian Federation and the terms of the Offer.
11.4. The Offer Agreement may be terminated by the Seller at any time at its sole discretion by sending the CUSTOMER an appropriate written notice no later than 5 (five) calendar days prior to the termination of the Offer Agreement.
12.1. Except for the guarantees expressly specified in the text of the Offer, the Seller does not provide any other direct or indirect guarantees under the Offer agreement.
No information or advice given by the Seller (responsible manager of the Seller) can be considered as a guarantee, as they are consultations.
Pikalov Vyacheslav Vladimirovich
For letters and shipments: 680031, Russia, Khabarovsk Territory, Khabarovsk, Kirpichnaya st. 36-2.