Public offer agreement
Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement – the Buyer, on the other hand, hereinafter collectively referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement) addressed to an unlimited number of persons, which is an official public offer of the Seller to conclude with the Buyers a contract for the sale of the Goods, the photos of which are posted in the relevant section of the Website http://aflatunisrailov.com.
Sellers intending to sell Goods using the Website http://aflatunisrailov.com/ and Buyers when purchasing Goods whose images are posted on the respective pages http://aflatunisrailov.com/ accept the terms of this Agreement as follows.
1.1. The relationship between the Seller and the Buyer is formalized in the form of a Public Offer Agreement. Clicking on the page of the Website http://aflatunisrailov.com/ in the corresponding section of the button “buy” means that the Buyer, regardless of the status (individual, legal entity), in accordance with the current international and Russian legislation, takes to fulfill the terms of the Agreement public offers that are listed below.
1.2. The public offer agreement is public, its conditions are the same for all Buyers, regardless of status (individual, legal entity). With full agreement with this Agreement, the Buyer accepts the conditions and procedure for placing an order, payment and delivery of goods by the Seller.
1.3. This Agreement enters into force from the moment you click on the “buy” button, with which the Buyer agrees to purchase the Goods available from the Seller and is valid until the Buyer receives the Goods from the Seller and full settlement with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Russian legislation that does not contradict the rules of an international agreement.
TERMS AND DEFINITIONS
“Public Offer Agreement” – a public agreement, a sample of which is posted on the Website http://aflatunisrailov.com/ and the application of which is mandatory for all Sellers, containing the Seller’s offer to purchase the Goods, the image of which is posted on the Website http: / /aflatunisrailov.com/ directed to an indefinite number of persons, including Buyers.
“Acceptance” – acceptance by the Buyer of the seller’s offer to purchase the Goods, the image of which is posted on the Website http://aflatunisrailov.com/, by adding it to the cart and sending the Order.
“Product” – an item of trade (product, model, accessory, components and related items, any other items of trade), the purchase of which is posted on the Website http://aflatunisrailov.com/ by the seller.
“Buyer” – any capable individual, legal entity, in accordance with the current international and Russian legislation, who has visited the Website http://aflatunisrailov.com/ and intends to purchase any Product.
“Seller” – any capable individual, legal entity, in accordance with the current international and Russian legislation, who is the owner or distributor of the Goods and using the Website http://aflatunisrailov.com/ intends to sell them.
“Order” – the Buyer’s application for the purchase of the Goods duly executed and posted on the Website http://aflatunisrailov.com/, addressed to the seller.
“Legislation” – the norms established by Russian or international legislation for the regulation of legal relations under the Agreement.
“Substantial deficiency of the Goods” – a deficiency that makes it impossible or unacceptable to use the Goods in accordance with its intended purpose, arose through the fault of the manufacturer (Seller), after its elimination it manifests itself again for reasons independent of the consumer.
SUBJECT OF THE CONTRACT
3.1. The Seller undertakes to sell the Goods on the basis of the Order placed by the Buyer on the corresponding page of the Website http://aflatunisrailov.com/ under the conditions and in the manner determined by this Agreement, and the Buyer undertakes, on the terms and in the manner determined by this Agreement, to buy the Goods and pay money for it.
3.2. The Seller guarantees that the Product is not pledged, is not a subject of a dispute, is not under arrest, and that there are no rights of third parties to it.
3.3. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham deal or a deal made under the influence of pressure or deception.
3.4. The seller confirms that he has all the necessary permits to carry out economic activities that regulate the scope of legal relations arising and operating in the process of executing this Agreement, and also guarantees that he has the right to manufacture and / or sell the goods without any restrictions, in accordance with the requirements of the current legislation of Russia, and is obliged to bear responsibility in case of violation of the Buyer’s rights in the course of the execution of this Agreement and the sale of the Goods.
RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller is obliged:
comply with the terms of this Agreement
fulfill orders of the Buyer in case of receipt of payment from the Buyer;
transfer the Goods to the Buyer in accordance with the selected sample on the corresponding page of the Website http://aflatunisrailov.com/, the completed order and the terms of this Agreement;
check the qualitative and quantitative characteristics of the Goods during packaging;
notify the buyer about the possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro by informing in this agreement.
4.2. The seller has the right:
unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
4.3. Seller: A business entity from among the persons offering for purchase on the Website http://aflatunisrailov.com/ Goods according to the uniform agreed rules set out in this public offer agreement. *
RIGHTS AND OBLIGATIONS OF THE BUYER
5.1. The buyer is obliged:
timely pay and receive the order under the terms of this Agreement;
familiarize with the information about the Goods posted on the Website http://aflatunisrailov.com/;
upon receipt of the Goods from the person who delivered them, ensure the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete complete set inform the Seller via email email@example.com.
5.2. The buyer has the right:
to place an order on the corresponding page of the Website http://aflatunisrailov.com/;
to require the seller to comply with the terms of this Agreement;
to inform about a possible additional commission when paying for European orders with cards such as Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
6.1. The Buyer independently places an order on the corresponding page of the Website http://aflatunisrailov.com/ by adding the Products to the virtual cart by clicking the “Add to cart” Button, or by placing an order by e-mail, or by calling the phone number specified in the contact section Website http://aflatunisrailov.com/.
6.2. The term for the formation of the Order is up to 3 working days from the date of its registration. If the order is sent on a weekend or a public holiday, the formation period starts from the first working day after the weekend.
CONTRACT PRICE AND PAYMENT PROCEDURE
7.1. The price of each individual Product is determined by the Seller and is indicated on the corresponding page of the Website http://aflatunisrailov.com/. The price of the Agreement is determined by adding the prices of all selected Goods placed in the virtual basket and the delivery price, which is determined depending on the delivery method in accordance with the terms of section 8 of this Agreement.
7.2. The cost of the Order may vary depending on the price, quantity or range of goods.
7.3. The buyer can pay for the order in the following ways:
1) by bank transfer to the Seller’s current account indicated in the invoice, incl. using Internet banking (the Buyer pays for the order within three days from the date of receipt of the invoice in the amount of 100% prepayment).
2) By credit card of the following type:
3) in any other way as agreed with the Seller.
Note. When the Buyer pays for the order with a payment card, an additional commission may be charged by the issuer of this card, in particular, when the Buyer pays for the order with a payment card, an additional commission may be charged when the Buyer pays for European orders by issuers of Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. When clicking on the page of the Website http://aflatunisrailov.com/ in the corresponding section of the button “buy” means that the Seller has notified the Buyer about the possibility of charging an additional commission when the Buyer pays for European orders, the issuer of Visa, Mastercard, Visa Electron, Mastercard Electronic , Maestro.
TERMS OF DELIVERY OF GOODS
8.1 The Buyer receives the Goods by delivery, or receives it personally. The procedure for payment and receipt is indicated on the corresponding page of the Website http://aflatunisrailov.com/.
8.2. Upon delivery of the Goods, performed by the Delivery Services (hereinafter referred to as the Carrier Companies), the Buyer fully and unconditionally agrees with the Rules for the carriage of goods by these carrier companies.
8.3. The fact of receipt of the Goods and the absence of claims for the quality of the Goods delivered by the Carrier Companies, the Buyer confirms with his own signature on the consignment note, the declaration of the Carrier Company, or in the invoice upon receipt of the Goods. For its part, the Seller guarantees the shipment of the Goods to the Carrier Company in the amount specified and paid by the Buyer, complete
They are in accordance with the specification of this Product and in proper (working) condition and quality.
8.4. In the absence of the Buyer at the delivery address indicated by the Buyer in the application or the Buyer refuses to receive the Goods for unreasonable reasons, upon delivery by the Courier of the carrier company, the Goods are returned to the shipping center. Payment for the services of the Carrier Company is deducted from the amount transferred by the Buyer for the Goods. The rest of the amount is returned to the Buyer on the basis of his letter sent to the e-mail: firstname.lastname@example.org indicating the current account to which the funds should be returned.
All questions arising in the process of payment and receipt of the Goods, the Buyer can find out using the contact information in the Contacts section.
TERMS OF RETURN OF GOODS
9.1. The Buyer has the right to return the Goods of good quality within fourteen days, excluding the day of purchase, unless a longer period is announced by the Seller.
9.2. If the Buyer intends to return the Goods, such a return is carried out subject to the rules and conditions of the carrier or courier in force in Russia or in the territory of another country in accordance with the place where the Goods were received.
9.3. In the event of any deficiencies, the Buyer is obliged to record it in a compiled act of any form. If possible, deficiencies should be recorded by means of photographic or video filming. The act must be sent to email email@example.com. Within three working days, the Buyer is obliged to agree on the return of the Goods.
LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
10.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and current international and Russian legislation.
10.2. In the event of any disputes related to the implementation by the Parties of this Agreement, with the exception of disputes about debt collection from the Buyer, the Parties undertake to resolve them through negotiations in compliance with the claim procedure. The term for consideration of the claim is 7 (seven) calendar days from the date of its receipt. In disputes in connection with debt collection from the Buyer, compliance with the claim procedure is not required.
10.3. All disputes, disagreements or claims arising from or in connection with this Agreement, including those concerning its execution, violation, termination or invalidity, are subject to resolution in the appropriate court in accordance with international and Russian law.
FORCE MAJEURE CIRCUMSTANCES
11.1. The parties are not liable for failure to fulfill any of their obligations, with the exception of payment obligations, if they prove that such failure was caused by force majeure, that is, events or circumstances that are really beyond the control of such a party that occurred after the conclusion of this Agreement, unpredictable and inevitable.
Force majeure circumstances include, in particular, natural disasters, strikes, fires, floods, explosions, icing, wars (both declared and undeclared), riots, loss of goods, delays of carriers caused by accidents or unfavorable weather conditions, hazards and accidents at sea, embargoes, disasters, restrictions imposed by government authorities (including allocations, priorities, official requirements, quotas and price controls), if these circumstances directly affected the implementation of this Agreement.
11.2. The Party for which it became impossible to fulfill obligations under this Agreement due to the occurrence of force majeure must immediately inform the other Party in writing about the occurrence of the above circumstances, and also within 30 (thirty) calendar days provide the other Party with confirmation of force majeure circumstances. Such confirmation will be a certificate, certificate or other relevant document issued by an authorized state body located at the place of occurrence of force majeure.
11.3. The time required by the Parties to fulfill their obligations under this Agreement will be extended for any period during which the performance was postponed due to the listed circumstances.
11.4. If, due to force majeure circumstances, non-fulfillment of obligations under this Agreement continues for more than three months, each of the Parties has the right to terminate this Agreement unilaterally by notifying the other party in writing.
Despite the onset of force majeure, before the termination of this Agreement due to force majeure, the Parties make final settlements.
OTHER CONDITIONS OF THE CONTRACT
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used solely for the purpose of fulfilling his Order.
12.2. By acceptance of the Agreement or registration on the Website http://aflatunisrailov.com/ registration form), the Buyer voluntarily agrees to the collection and processing of his personal data with the subsequent purpose: the data (except for card details, which is not accessible for the Seller) will be used to process orders for the purchase of goods, receive information about the order, send advertising and special offers, information about promotions, or any other information about the activities of the Website http://aflatunisrailov.com/.
For the purposes provided for in this paragraph, the Buyer has the right to send letters, messages and materials to e-mail of the Buyer.
12.3. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials by sending it to the postal or e-mail address.
12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order. The buyer is responsible for the accuracy of the information specified when placing an order.