Offer
Individual entrepreneur Guzeeva Nadezhda Anatolyevna, represented by an online store magic-foam.com (hereinafter referred to as the SELLER), publishes this agreement, which is a public offer agreement addressed to both individuals and legal entities (hereinafter referred to as the BUYER) about the following:
TERMS AND DEFINITIONS:
BUYER — a natural or legal person placing Orders on the Website, or specified 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.
SELLER — IP Guzeeva N. A.
Online store - an Internet site located with an address on the Internet magic-foam.com . It presents the GOODS offered by the SELLER to its CUSTOMERS, as well as the terms of delivery, payment, return and exchange of these Goods.
Website — magic-foam.com .
An order is a duly executed request of the BUYER for delivery of GOODS to the specified address, placed by the BUYER independently on the Website or by phone.
A COMMODITY is an object of the material world that has not been withdrawn from civil circulation and is presented for sale on the Website. The GOODS are presented on the Website through photo samples that are the property of the SELLER.
1. Subject of the contract-offer
1.1. The SELLER undertakes to transfer ownership to the BUYER, and the BUYER undertakes to pay for and accept the GOODS ordered in the online store.
2. The moment of conclusion of the contract
2.1. The text of this Agreement is a public offer (in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation).
2.2. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), in case of acceptance of the conditions set out below and payment for services, the legal entity or individual making the acceptance of this offer becomes a BUYER (in accordance with paragraphs 1 and 3 of Article 438 of the Civil Code of the Russian Federation, acceptance of the offer is equivalent to concluding a contract on the terms set out in the Offer), and the SELLER and BUYER are jointly parties to the Offer Agreement
2.3. The fact of ordering GOODS from the SELLER both independently and through the operator is an unconditional acceptance of this Agreement, and the BUYER is considered as a person who has entered into contractual relations with the SELLER. 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.
2.4. Making an ORDER:
The BUYER goes through the registration procedure on the SELLER's Website with mandatory confirmation of familiarization with the terms of this Offer Agreement. The BUYER is responsible for the accuracy of the information provided during registration and Ordering. Otherwise, the SELLER is not responsible for timely delivery.
The registered BUYER of the Online store has the right to place an Order for any PRODUCT presented on the Website and available in the SELLER's warehouse. By placing an Order on the Online store's Website, the BUYER assumes obligations to pay for the Order / PRODUCT and its acceptance, and the SELLER assumes obligations to deliver and transfer the paid Order /PRODUCT to the BUYER's ownership.
Orders are accepted by the SELLER through the Order acceptance system integrated into the SELLER's Website, as well as by phone.
The SELLER has the right to limit the number of GOODS that the buyer places in the Order by informing the BUYER about it.
After receiving the Order, the SELLER provides a responsible manager who, on behalf of the SELLER, agrees with the BUYER on all essential conditions, including delivery, the cost of the order and payment for the GOODS.
In the absence of GOODS in the SELLER's warehouse, the latter is obliged to inform the BUYER about this in writing (by e-mail) or orally (by telephone). In this case, the BUYER has the right to replace the missing PRODUCT with a similar PRODUCT / refuse this PRODUCT / cancel the Order.
The BUYER has the right to completely or partially refuse to purchase the GOODS at any time before payment for the GOODS, notifying the SELLER by e-mail from the address specified by the BUYER when registering on the Website, as well as by phone or upon delivery of the GOODS by a representative of the delivery service (own or working under an agreement with the SELLER).
The SELLER reserves the right to unilaterally terminate the acceptance of Orders from the BUYER and the shipment of GOODS to the BUYER, as well as to restrict the granting of the BUYER's right to participate in Promotions conducted by the SELLER if the BUYER systematically violates the terms of this Offer Agreement or has a negative impact on the operation of the Online store by overloading the Online Store services.
Confirmations of the agreed terms of shipment, delivery and payment of the GOODS are sent by the SELLER by e-mail.
Based on the Order received and the agreed terms, the SELLER ships the Goods to the BUYER.
3. PRODUCT Price
3.1. Prices in the Online store are indicated in Russian rubles per unit of GOODS.
3.2. Tariffs for the provision of services for the delivery, loading and unloading, lifting of GOODS are indicated in the online store for each PRODUCT, depending on its characteristics.
3.3. In case of an incorrectly stated price, the SELLER undertakes to notify the BUYER as soon as possible. In this case, the BUYER has the right to refuse to purchase the GOODS in whole or in part. If it is impossible to contact the BUYER, the Order is considered canceled.
3.4. The SELLER reserves the right to change prices unilaterally. At the same time, the price of GOODS paid by the BUYER is not subject to change.
4. Payment FOR the GOODS
4.1. In case of cash payment, the BUYER is obliged to pay the SELLER the price of the GOODS at the time of its transfer, and the SELLER is obliged to provide the BUYER with a cash or commodity receipt, or other document confirming the payment of the GOODS.
4.2.The total cost of the Order consists of the cost of the GOODS in the Online store and the cost of delivery.
4.3. The BUYER pays for the Order in any way chosen in the Online store.
4.4. In case of non-cash payment, the BUYER's obligation to pay the price of the GOODS is considered fulfilled from the moment of receipt of funds to the SELLER's settlement account in the amount of 100% (one hundred percent) of the prepayment.
4.5. In the case of non-cash payment, the delay in payment by the BUYER of the price of the GOODS for a period of more than 3 (three) days is a material violation of this agreement. In this case, the SELLER has the right to unilaterally refuse to perform this agreement without applying penalties to him, notifying the BUYER about it.
4.6. THE GOODS are delivered to the BUYER at prices, name, in quantity corresponding to the BUYER'S ORDER.
5. Delivery OF the GOODS
5.1. The SELLER delivers the GOODS using its own or external delivery service.
5.2. The exact cost of delivery of the GOODS is determined by the SELLER's manager when placing an Order and cannot be changed after agreeing the Order with the BUYER.
5.3. The cost of delivery may vary depending on the weight, size of the GOODS, as well as the region and method of delivery.
5.4. When handing over the GOODS to the BUYER, the representative of the delivery service has the right to request a document certifying the identity of the BUYER in order to counter fraud.
5.5. 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 does not assume responsibility for delays that occurred through no fault of the SELLER.
5.6. The right of ownership of the GOODS and all risks associated with the right of ownership pass to the BUYER at the time of receipt of the GOODS by the BUYER, which is confirmed by the BUYER's signature in the shipping documents confirming delivery.
5.7. In the event of a change in the delivery period, 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 via telephone or electronic communication.
5.8. The GOODS are delivered to the BUYER at the address and within the time agreed upon by the BUYER and the SELLER's manager when placing the ORDER, or the BUYER independently picks up the goods from the SELLER's warehouse at the address specified in clause 13 (Store Details) of this AGREEMENT.
5.9. The BUYER's non-appearance or failure to perform other necessary actions to accept the GOODS may be considered by the SELLER as the BUYER's refusal to fulfill the CONTRACT.
6. PRODUCT guarantees
6.1. All the GOODS sold in the Online store have all the necessary certificates for sale in accordance with the legislation of the Russian Federation.
6.2. The expiration date for the PRODUCT and its storage conditions are indicated on the packaging of the PRODUCT, as well as on the Website.
6.3. With the exception of the guarantees explicitly stated in the text of the Offer, the SELLER does not provide any other direct or indirect guarantees under the Offer agreement.
7. Rights and obligations of the parties
7.1. THE SELLER undertakes:
7.1.1. prior to the conclusion of the contract, provide the BUYER on the website of the Online store with information about the main consumer properties of the GOODS, the address (location) of the SELLER, the place of manufacture of the GOODS, the full brand name (name) of the SELLER, the price and conditions of purchase of the GOODS, its delivery, expiration date, storage rules, the order of payment for the GOODS, as well as the period during which the offer to conclude the Contract is valid.
7.1.2. Not to disclose any private information of the BUYER and not to provide access to this information to third parties, except in cases provided for by Russian legislation.
7.1.3. Provide the BUYER with the opportunity to receive free telephone consultations at the phone numbers listed on the Website of the Online store. The scope of consultations is limited to specific issues related to the execution of the ORDER.
7.1.4. The SELLER reserves the right to change this AGREEMENT unilaterally until the moment of its conclusion.
7.1.5. Provide the BUYER in writing on the Website with information about the PRODUCT provided for in Article 10 of the Federal Law "On Consumer Rights Protection", as well as information provided for in paragraph 9 of this Agreement on the procedure and timing of the return of the goods.
7.2. THE BUYER undertakes:
7.2.1. Before the conclusion of the CONTRACT, familiarize yourself with the contents of the offer agreement, payment and delivery terms on the Website of the Online store.
7.2.2. Provide reliable information about yourself (full name, contact phone numbers, email address) and details for the delivery of the GOODS.
7.2.3. Accept and pay for the GOODS within the terms specified in this AGREEMENT.
8. Liability of the parties and dispute resolution
8.1. The Parties are responsible for non-performance or improper performance of this Agreement in accordance with the procedure provided for by this Agreement and the current legislation of the Russian Federation.
8.2. The Seller is not responsible for the delivery of the Order if the BUYER specified an incorrect delivery address.
8.3. The SELLER is not responsible if the BUYER's expectations about the consumer properties of the GOODS were not justified.
8.4. When placing an Order, the BUYER is responsible for the accuracy of the information provided about himself, and also confirms that he has read and agrees with the terms of this Agreement.
8.5. 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 suppliers of those or other services , etc .
8.6. 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 exclusively to the extension of the delivery time of the Goods.
8.7. The SELLER under no circumstances bears any responsibility under the Offer Agreement for:
a) any actions and/or omissions that are a direct or indirect result of the actions /omissions 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 have foreseen the possibility of such losses or not;
c) the use (inability to use) and any consequences of the use (inability to use) by the BUYER of the form of payment chosen by him for the GOODS under the Offer agreement.
8.8. 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 payment paid to the SELLER by the BUYER under the Offer agreement.
8.9. Without contradicting 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 (force majeure), including: actions of state authorities, fire, flood, earthquake, other natural actions, lack of electricity and/or computer network failures strikes, civil unrest, riots, any other circumstances, not limited to the above, which may affect the SELLER's performance of the Offer agreement.
8.10. All disputes and disagreements arising during the performance of obligations by the PARTIES under this Agreement are resolved through negotiations. If it is impossible to eliminate them, the PARTIES have the right to apply for judicial protection of their interests.
9. Return and exchange of goods
9.1. Claims for GOODS of inadequate quality.
A PRODUCT of inadequate quality means a PRODUCT that cannot ensure the performance of its functional qualities. A PRODUCT whose design elements or design are different from those stated in the description on the website is not an improper PRODUCT.
The appearance and assortment of the GOODS, as well as the completeness of the entire order must be checked by the BUYER at the time of delivery of the GOODS (except for delivery by mail or a third-party delivery service / courier service). Upon delivery of the GOODS, the BUYER puts his signature in the Delivery Certificate, in the line: "The goods have been delivered in proper condition, in the proper assortment, the packaging has no external mechanical damage. The product is in its original packaging." After receiving the order, claims for external defects of the PRODUCT, its quantity, assortment and/or presentation are not accepted.
If the GOODS of inadequate quality are transferred to the BUYER, and it was not agreed in advance by the SELLER, the BUYER has the right to use the provisions of Article 18 of the Law on Consumer Protection and demand replacement of the GOODS, refuse to execute the contract of sale, return the GOODS of inadequate quality and demand a refund of the amount of money paid for the goods. The SELLER is obliged to accept the GOODS of inadequate quality from the BUYER and carry out a quality check of the goods (examination) within 20 days from the date of submission of the specified requirement. Upon confirmation of the improper quality of the GOODS, the SELLER is obliged to return the money paid for the GOODS. The refund of funds to the BUYER is made within 10 (ten) banking days after the positive decision of the expert examination (the expert examination recognizes the quality of the GOODS as improper) to the BUYER's bank account. By additional agreement, it is possible to transfer funds by postal transfer or by courier. When returning the GOODS of proper quality, the amount of money returned will be reduced by the amount of the commission for transferring funds to the BUYER's account or for the courier to return the funds, as well as the cost of returning the GOODS from the BUYER back to the SELLER. When returning GOODS of inadequate quality, 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 for the cost of the delivery paid by the consumer
In case of 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 transferred by a representative of the delivery service, while paying the full cost of delivery agreed with the BUYER when placing an Order on the SELLER's Website.
9.2. Any of the listed requirements must be submitted by the BUYER in writing by mail.
9.3. The BUYER's demand for the exchange or return of the GOODS is subject to satisfaction if the GOODS were not in use, its consumer properties are preserved, the packaging is preserved and not violated, the documents confirming the purchase of this PRODUCT in the Online store are preserved.
9.4. The term of such a claim is 14 (fourteen) calendar days from the date of transfer of the GOODS to the BUYER, or at any time before the transfer of the GOODS to the BUYER.
9.5. The BUYER compensates the SELLER for the necessary transportation costs incurred in connection with the organization of the exchange or return of the GOODS.
10. Force majeure circumstances
10.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement for the duration of force majeure. Force majeure means extraordinary and insurmountable circumstances under these conditions that prevent the PARTIES from fulfilling their obligations under this Agreement. These include natural phenomena (earthquakes, floods, etc.), circumstances of public life (military actions, states of emergency, major strikes, epidemics, etc. During this time, the PARTIES have no mutual claims, and each of the PARTIES assumes its own risk of the consequences of force majeure.
11. Term of the agreement
11.1. This AGREEMENT comes into force from the moment the BUYER applies to the Online store and places an ORDER, and ends with the full fulfillment of obligations by the PARTIES.
12. Personal data
12.1. The SELLER collects and processes personal data of BUYERS (namely: surname, first name, patronymic of the BUYER; delivery address; contact phone number) in order to:
— fulfill the terms of this Agreement;
— delivery of the ordered Goods to the Buyer.
12.2. By ordering GOODS to the Online store, the BUYER consents to the collection and processing of personal data about himself in order to deliver the ordered GOODS and fulfill the terms of this Agreement.
12.3. When collecting and processing personal data of BUYERS, the SELLER does not pursue any other goals other than those set out in clause 12.1 of this AGREEMENT.
12.4. Only persons directly related to the execution of ORDERS have access to the personal data of BUYERS.
12.5. Information about the BUYER can be transferred to official authorities strictly in accordance with the requirements of the legislation of the Russian Federation.
12.6. The SELLER has the right to send advertising or informational messages to the BUYER. The BUYER has the right to refuse advertising and informational messages by sending the SELLER a corresponding written notice.
13. Details of the online store.
Individual entrepreneur Guzeeva Nadezhda AnatolyevnaOGRNIP 319774600671425
Registration date: November 22, 2019
Postal address: Moscow, 9th Parkovaya str., 37
E-mail: posted in the "contacts" section on the website of the online store.
Tel.: posted in the "contacts" section on the website of the online store.