PUBLIC OFFER
on the conclusion of a sales contract
- General Provisions
The actions specified in this Offer are confirmation of the agreement of both Parties to conclude the Purchase and Sale Agreement on the terms, in the manner and to the extent set forth in this Offer.
The text of the Public Offer set forth below is the official public proposal of the Seller, addressed to interested parties to conclude a Purchase and Sale Agreement in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The Purchase and Sale Agreement is considered concluded and comes into force from the moment the Parties take the actions provided for in this Offer, which signify unconditional and full acceptance of all terms of this Offer without any reservations or limitations on the terms of accession.
Terms and Definitions:
Agreement – the text of this Offer with Appendices, which are an integral part of this Offer, accepted by the Buyer by performing the conclusive actions provided for in this Offer.
Conclusive actions are behavior that expresses consent to the counterparty's proposal to conclude, amend, or terminate an agreement. Actions consist of full or partial fulfillment of the conditions proposed by the counterparty.
Seller's Website on the Internet – a set of computer programs and other information contained in an information system, access to which is provided via the Internet by domain name and network address: __________
Parties to the Agreement (Parties) – Seller and Buyer.
Goods – any items can be goods under a purchase and sale agreement, subject to the rules provided for by Article 129 of the Civil Code of the Russian Federation.
- Subject of the Agreement
- Under this Agreement, the Seller undertakes to transfer the item (Goods) to the ownership of the Buyer, and the Buyer undertakes to accept the Goods and pay a certain sum of money for it.
- The name, quantity, and assortment of the Goods, their cost, delivery procedure, and other conditions are determined based on the Seller's information when the Buyer places an order, or are established on the Seller's website on the Internet______
- Acceptance of this Offer is expressed by performing conclusive actions, in particular:
- actions related to registering an account on the Seller's Website on the Internet, if account registration is required;
- by preparing and filling out an order form for the Goods;
- by providing the information required to conclude the Agreement by phone, email, indicated on the Seller's website on the Internet, including when the Seller calls back on the Buyer's request;
- by the Buyer paying for the Goods.
- Rights and Obligations of the Parties
- Rights and Obligations of the Seller:
- The Seller has the right to demand payment for the Goods and their delivery in the manner and under the conditions provided for by the Agreement;
- To refuse to conclude the Agreement based on this Offer to the Buyer in case of his unfair behavior, in particular, in case of:
- more than 2 (Two) refusals of Goods of proper quality within a year;
- providing knowingly false personal information;
- returning Goods damaged by the Buyer or Goods that have been used;
- other cases of unfair behavior indicating that the Buyer concludes the Agreement with the aim of abusing rights, and the absence of the usual economic purpose of the Agreement – the acquisition of Goods.
- The Seller undertakes to transfer Goods of proper quality and in proper packaging to the Buyer;
- To transfer Goods free from the rights of third parties;
- To organize the delivery of Goods to the Buyer;
- To provide the Buyer with all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
- Rights and Obligations of the Buyer:
- The Buyer has the right to demand the transfer of Goods in the manner and under the conditions provided for by the Agreement.
- To demand the provision of all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
- To refuse the Goods on grounds provided for by the Agreement and the current legislation of the Russian Federation.
- The Buyer undertakes to provide the Seller with accurate information necessary for the proper fulfillment of the Agreement;
- To accept and pay for the Goods in accordance with the terms of the Agreement;
- The Buyer guarantees that all terms of the Agreement are understandable to him; the Buyer accepts the terms without reservation and in full.
- Price and Payment Procedure
- The cost, as well as the payment procedure for the Goods, is determined based on the Seller's information when the Buyer places an order, or is established on the Seller's website on the Internet: ____
- All payments under the Agreement are made by non-cash transfer.
- Exchange and Return of Goods
5.2 The Buyer's claim for exchange or return of Goods shall be satisfied if the Goods have not been used, their consumer properties are preserved, and there is evidence of their purchase from the Seller.
- Confidentiality and Security
- In the implementation of this Agreement, the Parties ensure the confidentiality and security of personal data in accordance with the current version of Federal Law No. 152-FZ of 27.07.2006 "On Personal Data" and Federal Law No. 149-FZ of 27.07.2006 "On Information, Information Technologies, and Information Protection".
- The Parties undertake to maintain the confidentiality of information received during the execution of this Agreement and to take all possible measures to protect the received information from disclosure.
- Confidential information means any information transferred by the Seller and the Buyer in the process of executing the Agreement and subject to protection; exceptions are listed below.
- Such information may be contained in the Seller's internal regulations, agreements, letters, reports, analytical materials, research results, diagrams, graphs, specifications, and other documents provided, both in paper and electronic forms.
- Force Majeure
- The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement if proper fulfillment became impossible due to force majeure, i.e., extraordinary and unavoidable circumstances under the given conditions, which include: actions of authorities, epidemics, blockades, embargoes, earthquakes, floods, fires, or other natural disasters.
- In the event of these circumstances, the Party is obliged to notify the other Party within 30 (Thirty) business days.
- A document issued by an authorized state body is sufficient confirmation of the existence and duration of force majeure.
- If force majeure circumstances continue for more than 60 (Sixty) business days, each Party has the right to unilaterally terminate this Agreement.
- Liability of the Parties
- In case of non-fulfillment and/or improper fulfillment of their obligations under the Agreement, the Parties are liable in accordance with the terms of this Offer.
- The Party that has not fulfilled or has improperly fulfilled its obligations under the Agreement must compensate the other Party for the losses caused by such violations.
- Term of Validity of this Offer
- The Offer comes into force from the moment it is posted on the Seller's Website and is valid until it is withdrawn by the Seller.
- The Seller reserves the right to make changes to the terms of the Offer and/or withdraw the Offer at any time at its discretion. Information about changes or withdrawal of the Offer is communicated to the Buyer at the Seller's choice by posting on the Seller's website on the Internet, in the Buyer's Personal Account, or by sending a corresponding notification to the electronic or postal address indicated by the Buyer when concluding the Agreement or during its execution.
- The Agreement comes into force from the moment of Acceptance of the terms of this Offer by the Buyer and is valid until the Parties fully fulfill their obligations under the Agreement.
- Changes made by the Seller to the Agreement and published on the website in the form of an updated Offer are considered accepted by the Buyer in full.
- Additional Conditions
- The Agreement, its conclusion, and execution are governed by the current legislation of the Russian Federation. All issues not regulated by this Offer or not fully regulated are governed by the substantive law of the Russian Federation.
- In case of a dispute that may arise between the Parties during the fulfillment of their obligations under the Agreement concluded on the terms of this Offer, the Parties are obliged to resolve the dispute amicably before the start of court proceedings.
Disputes or disagreements on which the Parties have not reached an agreement shall be resolved in accordance with the legislation of the Russian Federation. The pre-trial dispute resolution procedure is mandatory.
- The Parties have determined the Russian language as the language of the Agreement concluded on the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, submission of claims/notices/clarifications, submission of documents, etc.).
- All documents to be provided in accordance with the terms of this Offer must be drawn up in Russian or have a translation into Russian, certified in the prescribed manner.
- The inaction of one of the Parties in case of violation of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, nor does it mean a waiver of its rights in case of similar or analogous violations by one of the Parties in the future.
- If the Seller's website on the Internet contains links to other websites and materials of third parties, such links are posted solely for informational purposes, and the Seller has no control over the content of such websites or materials. The Seller is not responsible for any losses or damages that may arise from the use of such links.
Full name: Ziyavudinova Asiyat Abdulayevna
INN: 324050000068
OGRN/OGRNIP: 324050000068135
Contact phone: +7 963 030-00-09
Contact e-mail: huzaima-brand@yandex.ru