This public offer agreement (hereinafter - the "Offer") is an official offer of Individual Entrepreneur Akhmedzianov Roman Mikhailovich (hereinafter - the "Offeror") to the general public to conclude with the Offeror an agreement on distance sale of products via online store at https://urecochoice.ru (hereinafter - the "Online Store") in the manner and on the terms and conditions hereof and as established by the applicable legislation of the Russian Federation.
The Public Offer Agreement does not require signing and shall have the same legal force and be equivalent to an agreement signed on paper in accordance with the Civil Code of the Russian Federation.
This Offer contains all essential terms and conditions of the distance sales agreement and its performance.
For the purposes hereof, unless the context requires otherwise, the terms used herein shall have the following meanings:
Offer shall mean an offer made by the Offeror to the general public consisting of individuals and legal entities to conclude a distance sales agreement.
Buyer shall mean any individual or legal entity from the general public that has a legal existence and is willing to conclude with the Offeror a distance retail sales agreement.
Offer Agreement shall mean an offer to conclude a distance sales agreement in the manner and on the terms and conditions hereof which is accepted by the Buyer.
Offer Acceptance shall mean acceptance by the Buyer of the terms and conditions of this Offer implying the Buyer's complete and unconditional consent.
Offeror (Seller) shall mean Individual Entrepreneur Akhmedzianov Roman Mikhailovich.Online Store shall mean a website of the Offeror on the Internet at https://urecochoice.ru intended for conclusion of the distance retail sales agreements on the basis of acquaintance of the Customer with the descriptions of the Products provided by the Offeror and on the terms and conditions hereof.
Product shall mean any item on the Online Store, which is not in limited circulation, freely alienated and transferring from one person to another under a sales agreement.
Product Description shall mean a list of essential characteristics of the Product offered for sale, which is sufficient for the Customer to make a choice.
Catalogue shall mean a list of the Products available for sale on the Online Store.
Order shall mean one or several items from the range in the Catalogue selected and specified by the Customer as wanted on the Online Store.Parties/Party shall collectively/individually mean the Offeror and/or the Customer.
2.1. The Offeror shall publish this sales agreement which is a public offer agreement (offer) for the Buyers subject to Article 435 and clause 2 of Article 437 of the Civil Code of the Russian Federation (hereinafter - the "RF CC").
2.2. This Offer defines all essential terms and conditions of the agreement between the Seller and a person accepting the Offer
2.3. This agreement is executed by and between the Buyer and the Offeror when the order is placed.
2.4. The Offer can be accepted by the Buyer who intends to buy the products sold by the Offeror via the Online Store.
2.5. The Buyer unconditionally accepts all terms and conditions of the Offer in full (i.e. entirely and without limitation).
2.6. An individual or legal entity accepting the Offer becomes the Buyer once they have accepted the terms and conditions of this agreement (i.e. Offer).
2.7. Receipt by the Seller from an individual or a legal entity of a notice of their intention to buy the products on the terms and conditions offered by the Seller shall mean acceptance.
2.8. This Offer and all attachments hereto, as well as any additional information on the Seller's products are published on https://urecochoice.ru
3. STATUS OF THE ONLINE STORE
3.1. The Online Store is owned by the Seller and intended for distance sale of products via the Internet.
3.2. No special actions shall be requested from the Buyer by the Online Store to use its resources for viewing the products, payment or order placement, such as registration or conclusion of a separate Online Store user agreement.
3.3. The Online Store shall not be liable for content or reliability of the information provided by the Buyer during placement of the Order.
4. STATUS OF THE BUYER
4.1. The Buyer shall be responsible for reliability of any information provided during placement of the Order and absence of any third party claims with respect to such information.
4.2. The Buyer shall use the resources of the Online Store for viewing and selecting the products or order placement free of charge.
5. SUBJECT OF THE OFFER
5.1. The Offeror undertakes to deliver and the Customer undertakes to accept and pay for the ordered Products in the manner, within the time and on the terms and conditions of this Offer and the attachments hereto at the price specified in the Product Description as of the order placement date.
5.2. The provisions of the RF CC on retail sales (§ 2 Chapter 30), RF Law No. 2300-1 "On Protection of Consumers' Rights" dated February 7, 1992 and other regulations adopted thereunder shall apply to the relations between the Buyer and the Seller.
5.3. An individual or a legal entity shall be considered accepted all terms and conditions of the Offer (Offer Acceptance) and the attachments hereto in their entirety and without limitation once the Seller has received a notice of the Buyer's intention to buy the product on the terms and conditions offered by the Seller. In case of the Offer Acceptance, such individual or legal entity shall be considered entered into the sales agreement with the Seller with respect to the ordered Products and has the status of a Buyer.
5.4. The Products ordered and paid by the Buyer shall be delivered by the Seller or by Russian Post, shipping companies or courier services. The Buyer shall select the delivery method when placing the order.
6. PRODUCT INFORMATION
6.1. The Products are represented on the website by photo samples. Each photo sample is followed by the text: name, price, item number and product description.
6.2. All information in the Online Store shall be for reference only and cannot fully provide reliable information about certain properties and characteristics of the product, including colors, dimensions and forms.
6.3. If the Buyer has any questions about product properties and characteristics upon the Buyer's request the Seller shall provide (by phone or e-mail) any other information which is necessary and sufficient for the Buyer to decide to buy the product.
6.4. The Buyer is aware that when the product is purchased at a discount due to its defects the Buyer shall be deprived of the right to refer to such defects in the future.
7. TERMS AND PROCEDURE OF ORDER PLACEMENT
7.1. The Order shall be placed on the Online Store without registration and by one of the following means:
7.1.1. Independently on the website of the Online Store;
7.1.4. By using any other contact details specified on the website under the terms and conditions of the sales agreement (Public Offer of the Online Store).
7.2. When placing the Order the Buyer shall provide the delivery address, full name of the Buyer, contact phone number and e-mail.
7.3. The will of the Buyer shall be stated by indicating the above details in the order form on the Online Store or by sending the Order by e-mail.
7.4. After placement of the Order the Seller shall confirm the Buyer's order by sending a confirmation of the Order to the Buyer's e-mail indicating the name and price of the selected Products and the total order amount or the Seller shall reach the Buyer by phone.
7.5. The product price in the Online Store shall be in Russian Rubles per product item.
7.6. The total order amount shall be the catalogue price of the product and the delivery cost.
7.7. The Offeror can at his discretion and at any time prior to approval of the Order change the product price and Discounts provided on the website of the Online Store due to any reasons, which may or may not be indicated herein. The Buyer shall always be notified about any event resulted in such changes. In such case, the price of the products ordered and paid by the Buyer shall not be subject to any change.
7.8. The price of the Product forming part of the Order shall be fixed at the moment of placement of such Order. If any product items are added to the Order, the price of such items shall be fixed at the moment of their initial addition to the placed Order. This also means that when any Products previously deleted from the Order or any extra items of any Product are added to the Order their unit price may differ from the current price of the Product in the Online Store of the Offeror, both up and down.
7.9. A one-time discount to be determined by the Seller shall be offered for Order amount exceeding the threshold established by the Online Store.
8. PAYMENT FOR THE PRODUCTS
8.1. The payment methods and procedure are provided on the website in "Delivery and Payment" section. If necessary, the procedure and terms of payment for the ordered Products may be agreed upon by the Buyer and the Seller.
8.2. The Buyer's obligation to pay the product price shall be considered fulfilled once the relevant amount is credited to the settlement account specified by the Seller.
8.3. The Buyer shall pay for the Order by any method selected in the Online Store.
8.4. Payments between the Parties for the Orders shall be made in Russian Rubles.
9. PROCEDURE AND TERM OF ORDER DELIVERY
9.1. The methods, procedure and terms of product delivery are provided on the website in "Delivery and Payment" section.
9.2. The terms of delivery depend on the method selected by the Customer and the delivery region.
9.3. The exact cost of the Order delivery shall be specified on the Order placement page or mentioned by the Offeror's employee if the Order is placed by phone.
9.4. The delivery cost shall be calculated based on the gross weight of the Products in the Order and the weight of all types of package used for preparation of such Order for transportation. The weight of a given Product shall be based on the information available to the Offeror and sometimes it may differ from the actual weight of the Product in greater or smaller side. By placing the Order the Customer confirms their consent that in case the estimated cost of the Order delivery specified during placement of the Order differs from the actual cost of the Order delivery, despite the size and side of such deviations, no recalculation shall be performed, namely: if the estimated delivery cost exceeds the costs of the Offeror the excess amount shall not be paid back; if the costs of the Offeror exceed the estimated delivery cost the Customer shall not pay extra.
9.5. You can receive your order in the nearest Russian Post office. Please specify exact address and parcel addressee (full name) when placing the order. The delivery cost shall be calculated during placement of the order. Delivery by Russian Post: title to and risk of accidental loss or damage to the products shall pass from the Seller to the Buyer at the moment of transfer of the products to the Buyer in the Russian Post office.
9.6. Delivery by Russian Post shall be on a full prepayment or cash on delivery basis. An estimated delivery cost shall be calculated during placement of the Order.
9.7. The Online Store shall not be responsible for any delay in delivery by the fault of the Russian Post, EMS courier service or any other shipping companies.
9.8. The Online Store shall not be responsible for any delay in delivery by the fault of the Russian Post, EMS courier service or any other shipping companies.
9.9. Under the Russian postal regulations, a parcel not collected by recipient within one month shall be returned to sender's address. Whether you have or have not received any postal notice, you shall pay for our postage expenses subject to cl. 3, Art. 497, of the RF CC and cl. 4, Art. 26.1, of the RF Law "On Protection of Consumers' Rights". Please read carefully the Offer Agreement. By placing order with our Store, you automatically accept its terms and conditions.
10. PRODUCT REJECTION. PROCEDURE AND TERM OF PRODUCT RETURN
10.1. The Customer shall have the right to reject the Product at any time before and within seven days after its transfer.
10.2. Subject to Article 26.1 "Distance Product Sales" of Law N 2300-1 "On Protection of Consumers' Rights" dated February 7, 1992 (as amended on December 22, 2020), the Buyer can return the products purchased in our Online Store in the following cases:
10.2.2. Misgrading, shortage, surplus, poor quality or incompleteness of the Products;
10.3. Consumer may not reject any products of proper quality with the specific properties if such products can be used only by such purchasing consumer (custom tailoring).
10.4. In case any defect is detected the Product shall be returned during the warranty period or expiry date of such Product or, if no such period or date is available, within the reasonable time period.
10.5. Any claims related to violation of the terms and conditions of the agreement with respect to quantity, range, quality (apparent defects which can be detected during visual inspection of the Products), content, tare and (or) package of the Products shall be accepted within not later than twenty days from receipt of the Products.
10.6. Any Product of proper quality shall be returned at the Customer's discretion within not later than seven days from receipt of the Product provided that its ready-for-sale condition is preserved.
10.7. The products included in the List of Non-Returnable Proper Quality Non-Foods (approved By Decree of the Russian Government No. 2463 dated December 31, 2020) shall not be subject to return.
10.8. If any defects listed in cl. 10.2 of this Offer are detected the Offeror shall bear the cost of product return.
10.9. In case of return of any proper quality Product due to rejection by the Customer of the Order/portion of the Order the cost of delivery to the Offeror shall be borne by the Customer. If the Customer fails to collect the Order within the time specified by the Offeror with due regard to the provisions hereof this shall be considered as a Customer's rejection of the Products and the Customer shall pay for the return of such Products to the Offeror's warehouse.
10.10. Any returned products shall only be accepted if received in original undamaged package, in full and with proof of purchase.
10.11. The Offeror may request a photo of damaged products from the Customer as proof of a defect and in order to make a decision on the refund.
10.12. When the consumer rejects the defective products the seller shall pay back to the consumer the amount paid under the agreement less any seller's cost for delivery of the returned products from the consumer within not later than 10 days upon receipt the defective products from the consumer.
10.13. If the Customer rejects the Order twice or more the Offeror reserves the right at his discretion to refuse to perform (create and deliver) the Customer's Order until the Offeror receives advance payment for the Order.
10.14. If the Products are returned due to any violation by the Offeror of the contractual terms and conditions regarding quantity, range, quality, content, tare and (or) package of the Products such Products shall be returned upon agreement with the Seller of the return address and the shipping company.
11. PROCEDURE, TERMS AND CONDITIONS OF REFUND
11.1. The claim of the Customer for refund shall be deemed properly executed if it allows to expressly establish the method of repayment, payment details to which the refund is to be paid, full name of the Customer who is a beneficiary and the amount to be paid back. Funds shall be paid back to the bank details from which the payment was received from the Customer.
11.2. The claim for refund can be made using a Refund Application form of the Offeror by phone or electronic communication channels or in paper (Attachment No.1).
11.3. If the Offeror cannot identify a person willing to get Order refund or does not have any other necessary and sufficient details of the Customer the Offeror shall always request the Application in paper with such details required by the Offeror to fulfill his obligations to give refund.
11.4. Funds paid for the Products shall be paid back to the Customer within the period not exceeding ten business days from receipt by the Offeror of the relevant claim from the Customer. Such claim shall be deemed accepted by the Offeror solely after return of the Products to the Offeror's warehouse and in the event specified in cl. 10.2 hereof - upon receipt of an expert opinion with respect to the defect in workmanship.
11.5. In case of any dispute over a defect, no Product refund shall be given until receipt of an expert opinion. In such case, the Customer shall fill in the Application in the form of Attachment No. 2 hereto when returning the Products.
11.6. The obligations to give Product refund to the Customer shall be deemed discharged, regardless of the repayment method, on the date when the Offeror submits a return request to the bank for processing and execution or the date of debiting the settlement or any other account of the Offeror.
12. LIABILITY OF THE PARTIES
12.1. The Parties shall be liable for failure to fulfill or improper fulfillment of the terms and conditions of this Offer in accordance with the applicable legislation of the Russian Federation and the provisions hereof.
12.2. If any redelivery by courier service is required through the fault of the Customer such redelivery shall be paid additionally.
12.3. The Offeror shall be liable for quality of the Products and its timely delivery within the limits established by the applicable legislation of the Russian Federation.
12.4. The Offeror shall not be liable for any misrepresentation of the Products' supplier with regard to the properties, characteristics, content and availability of the Products at the supplier's warehouse.
12.5. The Parties shall not be liable for failure to fulfill the terms and conditions of this Offer due to the force majeure circumstances, which cannot be reasonably foreseen and/or prevented by either of the Parties.
12.6. The burden of proving losses shall be on the affected Party.
13. PERSONAL DATA. CONFIDENTIALITY
13.1. By registering on the website or providing data otherwise the Customer confirms that the Customer's personal data are disclosed to the Offeror willingly and for own benefit of the Customer; and gives their consent to processing of such personal data, their transfer to third parties for the purposes of performance of the Offer Agreement (shipping companies, agents, providers of postal services, courier services, etc.).
13.2. The Offeror acknowledges that the personal data disclosed by the Customer will be used solely for the purpose of performance of the Offer Agreement.
13.3. The online newsletters of the Offeror will only be sent to the e-mail address provided by the Customer upon receipt of the relevant consent from the Customer.
13.4. Placement of the Order shall be a confirmation of the consent for receipt of e-mails and SMS (including with the use of Viber messenger) regarding Order formation and shipment.
13.5. The Offeror acknowledges that he has established contractual relations stipulating confidentiality of any disclosed information with all third parties to which the Offeror will transfer the personal data of the Customer for performance of this Offer.
13.6. The Customer acknowledges that the Customer is aware of the provisions of Federal Law No. 152-FZ "On Personal Data" dated July 27, 2006 and that the Customer understand the rights and obligations with respect to personal data protection.
All claims shall be received by the Offeror:
1). By phone: +7 (904) 842 54-48;
2). By e-mail: email@example.comThe Customer's claim response period shall not exceed thirty calendar days from the date of receipt of a given claim.
15. CONCLUDING PROVISIONS
15.1. This Offer shall enter into force as of the date of its publication on the website of the Online Store and shall be valid until replaced with the new Offer.
15.2. The Product Description shall be provided by the Seller. In case any Description contains indication of exclusive nature of any properties of the Product, materials it is made from or comparison of any other qualitative and/or quantitative indicators reflecting judgmental evaluation with other products in civil circulation it should be understood that such comparison is made on the basis of the information available to originator of such Description and cannot be considered absolute truth.
15.3. To the extent not provided for by the Offer, the Parties shall be governed by the applicable legislation of the Russian Federation.
15.4. All disputes and differences arising out of performance of this Offer Agreement shall be settled by the Parties out of court.
15.5. If the Parties fail to reach an agreement such dispute shall be submitted to the jurisdiction of the judicial authorities in accordance with the laws of the Russian Federation.