PUBLIC OFFERfor the conclusion of a purchase and sale agreement- General Provisions
This Public Offer contains the terms and conditions for concluding a Purchase and Sale Agreement (hereinafter referred to as the “Purchase and Sale Agreement” and/or the “Agreement”). This Offer shall mean a proposal addressed to one or more specific persons, which is sufficiently definite and expresses the intention of the person making the proposal to consider themselves bound by an Agreement with the addressee who accepts the proposal.
The performance of the actions specified in this Offer constitutes confirmation of the consent 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 constitutes the Seller’s official public proposal addressed to interested persons to conclude a Purchase and Sale Agreement in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The Purchase and Sale Agreement shall be deemed concluded and shall enter into force from the moment the Parties perform the actions provided for in this Offer, signifying unconditional and complete acceptance of all the terms and conditions of this Offer without any exceptions or limitations, on an adhesion basis.
Terms and Definitions:Agreement – the text of this Offer together with its Appendices, which form an integral part of this Offer, accepted by the Buyer by performing the conclusive actions provided for in this Offer.
Conclusive actions are behavior expressing consent to a counterparty’s proposal to conclude, amend, or terminate an agreement. Such actions consist of full or partial performance of the conditions proposed by the counterparty.
Seller’s Website on the Internet – a collection of computer programs and other information contained in an information system, access to which is provided via the Internet under the following domain name and network address: __________
Parties to the Agreement (Parties) – the Seller and the Buyer.
**Goods - **under a purchase and sale agreement, the Goods may include any items subject to the rules provided for in Article 129 of the Civil Code of the Russian Federation.
- Subject Matter of the Agreement
- Under this Agreement, the Seller undertakes to transfer an item (Goods) into the ownership of the Buyer, and the Buyer undertakes to accept the Goods and pay a specified monetary amount for them.
- The name, quantity and assortment of the Goods, their price, delivery procedure and other terms shall be determined on the basis of the Seller’s information when the Buyer places an order, or shall be specified on the Seller’s Website on the Internet: ______
- Acceptance of this Offer shall be expressed by performing conclusive actions, including, in particular:
- actions related to registering an account on the Seller’s Website on the Internet where account registration is required;
- completing and submitting an application for placing an order for the Goods;
- providing the information required for conclusion of the Agreement by telephone or email specified on the Seller’s Website on the Internet, including during a callback by the Seller in response to the Buyer’s request;
- payment for the Goods by the Buyer.
This list is not exhaustive; other actions that clearly express a person’s intention to accept the counterparty’s proposal may also constitute acceptance.
- Rights and Obligations of the Parties
- Rights and Obligations of the Seller:
- The Seller shall have the right to demand payment for the Goods and their delivery in the manner and on the terms provided for by the Agreement;
- Refuse to conclude an Agreement under this Offer with the Buyer in the event of unfair conduct by the Buyer, including, in particular, in the following cases:
- more than 2 (Two) refusals of Goods of proper quality within one year;
- provision of knowingly false personal information;
- return of Goods damaged by the Buyer or Goods that have been used;
- other cases of unfair conduct indicating that the Buyer is concluding the Agreement for the purpose of abusing their rights and without the ordinary economic purpose of the Agreement - the purchase of Goods.
- The Seller undertakes to transfer to the Buyer Goods of proper quality and in proper packaging;
- Transfer the Goods free from any third-party rights;
- Arrange delivery of the Goods to the Buyer;
- 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 shall have the right to demand transfer of the Goods in the manner and on the terms provided for by the Agreement.
- Demand provision of all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
- Refuse the Goods on the 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 proper performance of the Agreement;
- Accept and pay for the Goods in accordance with the terms of the Agreement;
- The Buyer guarantees that all terms of the Agreement are clear to them; the Buyer accepts the terms without reservations and in full.
- Price and Payment Procedure
- The price and the payment procedure for the Goods shall be determined on the basis of the Seller’s information when the Buyer places an order, or shall be specified on the Seller’s Website on the Internet: ____
- All payments under the Agreement shall be made by bank transfer.
- Exchange and Return of Goods
5.1** **The Buyer shall have the right to return (exchange) to the Seller Goods purchased remotely, except for the list of goods that are not subject to exchange or return in accordance with the current legislation of the Russian Federation. The conditions, time limits and procedure for returning Goods of proper and improper quality are established in accordance with the requirements of the Civil Code of the Russian Federation, Law of the Russian Federation No. 2300-1 dated 07.02.1992 “On Protection of Consumer Rights”; and the Rules approved by Resolution of the Government of the Russian Federation No. 2463 dated 31.12.2020.
5.2 The Buyer’s request for exchange or return of the Goods shall be satisfied if the Goods have not been used, their consumer properties have been preserved, and there is evidence that they were purchased from the Seller.
- Confidentiality and Security
- In the performance of this Agreement, the Parties shall ensure the confidentiality and security of personal data in accordance with the current version of Federal Law No. 152-FZ dated 27.07.2006 “On Personal Data” and Federal Law No. 149-FZ dated 27.07.2006 “On Information, Information Technologies and Information Protection”.
- The Parties undertake to maintain the confidentiality of information received in the course of performance of this Agreement and to take all possible measures to protect the information received from disclosure.
- Confidential information means any information exchanged between the Seller and the Buyer in the course of performance of the Agreement and subject to protection, except as specified below.
- Such information may be contained in local regulations, agreements, letters, reports, analytical materials, research results, diagrams, charts, specifications and other documents provided by the Seller, whether in paper or electronic form.
- Force Majeure
- The Parties shall be released from liability for failure to perform or improper performance of their obligations under the Agreement if proper performance becomes impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions, which shall include: prohibitive actions of authorities, epidemics, blockades, embargoes, earthquakes, floods, fires or other natural disasters.
- In the event of such circumstances, the Party shall notify the other Party thereof within 30 (Thirty) business days.
- A document issued by an authorized state authority shall constitute sufficient evidence of the existence and duration of force majeure circumstances.
- If the force majeure circumstances continue for more than 60 (Sixty) business days, either Party shall have the right to unilaterally withdraw from this Agreement.
- Liability of the Parties
- In the event of failure to perform and/or improper performance of their obligations under the Agreement, the Parties shall be liable in accordance with the terms of this Offer.
- A Party that has failed to perform or has improperly performed its obligations under the Agreement shall compensate the other Party for losses caused by such violations.
- Term of This Offer
- The Offer shall enter into force from the moment it is published on the Seller’s Website and shall remain in effect until withdrawn by the Seller.
- The Seller reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its sole discretion. Information regarding amendment or withdrawal of the Offer shall be communicated to the Buyer, at the Seller’s discretion, by publication on the Seller’s Website on the Internet, in the Buyer’s Personal Account, or by sending a corresponding notice to the email or postal address specified by the Buyer when concluding the Agreement or during its performance.
- The Agreement shall enter into force from the moment the Buyer accepts the terms of this Offer and shall remain in effect until the Parties have fully performed their obligations under the Agreement.
- Amendments made by the Seller to the Agreement and published on the Website in the form of an updated Offer shall be deemed accepted by the Buyer in full.
- Additional Terms
- The Agreement, its conclusion and performance shall be governed by the current legislation of the Russian Federation. All matters not regulated by this Offer or regulated only partially shall be governed in accordance with the substantive law of the Russian Federation.
- In the event of a dispute arising between the Parties in the course of performance of their obligations under the Agreement concluded on the terms of this Offer, the Parties shall be required to settle the dispute amicably before commencing legal proceedings.
Legal proceedings shall be conducted in accordance with the legislation of the Russian Federation.
Disputes or disagreements with respect to which the Parties have failed to reach an agreement shall be resolved in accordance with the legislation of the Russian Federation. A pre-trial dispute resolution procedure is mandatory.
- The Parties have designated Russian as the language of the Agreement concluded on the terms of this Offer, as well as the language to be used in any interaction between the Parties (including correspondence, submission of claims / notices / explanations, provision of documents, etc.).
- All documents required to be provided in accordance with the terms of this Offer shall be drawn up in Russian or accompanied by a Russian translation duly certified in accordance with the established procedure.
- Failure by either Party to act in the event of a breach of the terms of this Offer shall not deprive the interested Party of the right to protect its interests at a later date, nor shall it constitute a waiver of its rights in the event of similar or comparable breaches by either Party in the future.
- If the Seller’s Website on the Internet contains links to other websites or third-party materials, such links are provided solely for informational purposes, and the Seller has no control over the content of such websites or materials. The Seller shall not be liable for any losses or damages that may arise as a result of using such links.
11. Seller’s DetailsFull name: Yulia Viktorovna Chechulina
INN: 540109540204
OGRN/OGRNIP: 326547600093044
Contact phone number: +7 913 896-03-26
Contact email:
julia-30@yandex.ru