PUBLIC OFFER AGREEMENT TERMS AND DEFINITIONS PUBLIC OFFER
– proposal addressed to one or several concrete persons, which is sufficiently comprehensive and which expresses the intention of the person, who has made the proposal, to regard himself as having concluded the contract with the addressee, who will accept the proposal. ACCEPTANCE
– acceptance of public offer terms or acceptance to pay. SELLER
– P-DESIGN LTD
Registered office: Office #1, 63, Lenina Street, Nizhniy Tagil, Sverdlovsk Region, 622034
Mailing address: Office #1, 63, Lenina Street, Nizhniy Tagil, Sverdlovsk Region, 622034 BUYER
– any individual, who provided the Seller with his personal data such as surname, name, e-mail address, contact phone number, which can be used for placing several Orders. The data is submitted during the Buyer's registration at the website and Order placing. WEBSITE
– https://putindesign.com ONLINE STORE
– Buyer's official online shop registered at https://putindesign.com
In the Online Store, the Buyer can search for and order the Goods via the website. The Online Store site represents the Goods catalogue, which the Buyer can use to place his order by adding the Goods to the basket. ORDER
– Buyer's confirmed request for purchase of the Goods selected in the Online Store at https://putindesign.com
and delivery thereof to the address mentioned in the request. GOODS
– items in the Online Store catalogue, which can be sold to any person for his personal, non-business use. 1 GENERAL PROVISIONS
1.1 The present Public Offer, hereinafter referred to as Agreement, is an official offer of P-Design Ltd. to any individual, who has capacity and relevant authority to conclude the Goods sales contract as per the terms specified herein, and contains all essential terms of the contract.
1.2 The relations as pertaining to the protection of consumers' rights are regulated by the Civil Code of the Russian Federation, Law on Protection of Consumers' Rights, Government Decree No.612 of 27.09.2007 on Regulations on Selling Goods by Distance Method, and other federal laws and legal acts of the Russian Federation.
1.3 The information posted at the Online Store Website contains the terms of the Goods purchase and is a public offer pursuant to Article 437 of the Civil Code of the Russian Federation.
1.4 By confirming the order, the Buyer accepts all the terms specified herein.
1.5 Allowed to make purchase in the Online Store is any individual above 18, who is capable of receiving and paying for the Goods, buying the Goods for personal, non-business use only subject to the Buyer's access to the order page.
1.6 The Seller can unilaterally change any information about the Goods in the Online Store Website without any prior notice to the Buyers.
1.7 The orders confirmed at the Seller's Website or by phone through Operator are delivered all over the world by reliable carriers.
1.8 The Goods are represented at the Seller's Website in the catalogue with the Goods photos, which are property of the Online Store.
1.9 The Goods are represented at the Seller's Website by means of graphical, multimedia or textual description. All information materials at the Seller's Website are posted for reference and cannot describe the Goods specific properties and characteristics in full. Should any question on the Goods property or characteristic arise, the Buyer should discuss it with the Operator prior to the Goods Order. 2 SUBJECT OF AGREEMENT AND PRICE OF GOODS
2.1 The Seller shall deliver and the Buyer shall receive and pay for the Goods per the terms specified herein.
2.2 The right of property for the Goods ordered shall be transferred to the Buyer from the moment of the Goods actual delivery to the Buyer and payment for the Goods full cost effected by the Buyer. The risk of accidental destruction or damage of the Goods shall be transferred to the Buyer from the moment of the Goods actual delivery to the Buyer.
2.3 The Seller will unilaterally and indisputably determine the Goods prices and post the same at Online Store Website https://putindesign.com
2.4 The Goods price is fixed in Russian Rubles and includes all taxes and dues in compliance with the active legislation of the Russian Federation. 3 CONCLUSION OF AGREEMENT
3.1 Placement of the Goods order per the terms specified herein shall be deemed as the acceptance of the present Agreement by the Buyer.
3.2 By placing the Order, the Buyer shall unconditionally accept the terms specified herein, including receipt of the Seller's messages on the Order status. The Buyer, who placed the Goods order in the Seller's Online Store at https://putindesign.com
shall be deemed as an individual, who has entered into relations with the Seller per the terms specified herein. 4 ORDER COMPLETION
4.1 The Buyer can place his order by filling in the Form at the website or by calling. By filling in the Order form for the Goods at the website, the Buyer will forward the Order via the Internet.
4.2 If technically feasible, the Buyer has the right to place the order, provided the goods for order are available or reserved in stock. The Seller undertakes not to disclose the Buyer's data filled by him in the form at the Goods purchase, to any persons unrelated to the Order fulfillment.
4.3 Upon receiving the Order, the Seller shall agree the delivery date and terms with the Buyer by phone or e-mail.
4.4 If the Goods are not available, the Buyer has the right to reject the Goods or exchange them by selecting the Goods at a similar price or paying extra charge if there is a difference in price.
4.5 Should the Buyer provide invalid data when placing the Order at the Website, the Seller is entitled to cancel the Order.
4.6 Prior to sending the Goods to the Delivery Agent, the Seller's Operator shall discuss the tentative delivery terms and dates with the Buyer. 5 RIGHTS AND OBLIGATIONS OF PARTIES 5.1 The Seller is entitled to:
5.1.1 Unilaterally change the present Agreement, the Goods price and Charges for related services, methods and terms of the Goods delivery by posting the new information at the Online Store Website
5.1.2 Record the Operator's telephone conversations with the Buyer in accordance with Para 4, Clause 16 of Federal Law on Information, Information Technologies and Information Protection
5.1.3 Transfer his rights and obligations on the Agreement complementation to the third persons
5.1.5 Forward promotional and informational messages on discounts, sales, and new arrivals to the Buyer by e-mail and sms with the frequency to be unilaterally determined by the Seller. 6.2 The Buyer undertakes:
6.2.1 To familiarize himself with the Agreement's provisions and terms, the Goods price offered by the Seller in the Online Store
6.2.2 To pay for the Goods ordered and delivery thereof as per the terms specified herein
6.2.3 Not to use the Goods ordered at the Seller's Website for business purpose 7 DELIVERY
7.1 The Seller shall deliver the Goods ordered by the Buyer by means of outside delivery agent. The delivery terms and cost are specified at the Seller's Website in Delivery and Payment Section.
7.2 The Seller is not liable for any delay in the delivery occurred other than through the Seller's fault.
7.3 By accepting the present Agreement, the Buyer agrees to collaborate with the Seller to counter fraud and therefore undertakes to represent his ID to the delivery agent at the moment of the Goods receipt.
7.4 Once the Buyer receives the Goods, the property for the Goods and all risks of the accidental destruction or damage of the Goods shall be transferred to the Buyer, the same to be endorsed by the Buyer in the shipping documents as the evidence of the Goods delivery.
7.5 If no claims on packing are made at the moment of the Goods receipt, the Buyer shall sign the consignment note to confirm that he has no claims to quantity, weight, appearance and completeness of the Goods received as per the Order. Once the Order is received, no claims to quantity, completeness and appearance are accepted.
7.6 The Buyer shall examine the Goods in the presence of the carrier. Otherwise the Seller is not liable for the Order integrity.
7.7 In case the Goods were delivered in time but were not handed over to the Buyer through the Buyer's fault, the Goods shall be delivered later on new dates agreed with the Seller, once the Buyer pays the cost of the goods first delivery. 8 PAYMENT
8.1 Payment for the Goods ordered by the Buyer at the Online Store Website shall be effected by the bank card or any other methods specified at the Seller's Website in Delivery and Payment Section. In case of non-cash payment, fees for the money transfer to the Seller's account are borne by the Buyer.
8.2 The Goods price is posted at the Online Store Website next to the Goods image.
8.3 The Seller reserves the right to unilaterally change the prices. However, the price of the Goods ordered by the Buyer via the Website is not subject to any change from the moment the Seller confirms the Order. 9 EXCHANGE AND RETURN OF GOODS 9.1 Exchange and Return of Proper Quality Goods
9.1.1 The Buyer is entitled to reject the Goods at any time before receipt thereof and within 14 (Fourteen) calendar days after receipt thereof. The proper quality Goods can be exchanged provided the Goods vendibility and consumer properties are retained and there is evidence of the Goods purchase.
9.1.2 In case the Buyer rejects the Goods, the Seller shall refund the amount paid by the Buyer as per the Agreement, except for the delivery expenses for the Goods returned, within the next 48 hours but no later than 14 (Fourteen) days from the date of the Buyer's respective request in writing.
9.1.3 In case the Buyer rejects the Goods partially, the Buyer shall pay for the delivery both to the Buyer and back to the Seller's store.
9.1.4 If the Goods do not comply with the shape, dimensions, design, color, size, or completeness, the Buyer is entitled to return the proper quality Goods within 10 (Ten) calendar days, but for the purchase day, from the date of the Goods receipt from the delivery agent. The proper quality Goods can be returned provided the goods were not in use, vendibility and consumer properties thereof are retained, seals and manufacturer's tags are safe, and sales voucher or cash receipt or any other evidence of the payment for the Goods is available. The Goods sale, exchange and return are regulated by Federal Law No.2300-1 of 7 February 1992 on Protection of Consumers' Rights, Government Decree No.612 of 27.09.2007 on Regulations on Selling Goods by Distance Method, Government Decree No.55 of 19 January 1998 on Regulations on Selling Specific Goods, Approved List of Durable Goods, Which are not Covered by Buyer's Demand for Equivalent Goods to Be Used Free of Cost for Period of Original Goods Repair or Exchange, Approved List of Proper Quality Non-Foods not Subject to Return or Exchange for Equivalent Goods of Different Size, Shape, Dimensions, Design, Color, and Completeness'. 9.2 EXCHANGE AND RETURN OF LOW QUALITY GOODS
9.2.1 The low quality Goods are Goods, which are not able to perform their functionality and which have visible structural damage. Design or construction elements of the Goods may differ from those described at the Website, which shall not be deemed as the Goods failure or non-functionality.
9.2.2 The Buyer has the right to return the low quality Goods, which have been in use, by drawing up the respective written application.
9.2.3 The money for the low quality Goods shall be refunded on the ground of the Buyer's written application in accordance with the active legislation of the Russian Federation. Attached to the application should be a sales voucher and a receipt (or a goods note) issued at the moment of the purchase.
9.2.4 In case of the low quality Goods return, the Seller will refund its cost no later than 10 days from the date of the Goods and written application receipt. However, within the specified time period, the Seller is entitled to examine the Goods for quality and consumer properties. The terms of money refund to the Buyer's account are subject to the internal regulations of the receiving bank.
9.2.5 Should the Goods examination reveal that the low quality was due to the circumstances, for which the Seller is not liable, the Buyer undertakes to reimburse the Seller for the examination expenses as also for the Goods transportation expenses due to the examination. 10 MONEY REFUND
10.1 If the payment is effected by the card, the money shall be refunded to the card only, which was used to effect the payment. In order for the money to be refunded to the Buyer's bank card, the Buyer shall fill in the Application Form for Money Refund and forward the same along with the purchased Goods to the following address: 'Office #1, Block #63, Lenina Str, Nizhny Tagil, Sverdlovsk Region, 622034'. The money will be refunded to the Buyer's bank account specified in the Application Form within 10 (Ten) working days from the date of the Seller's receipt of the Application Form for Money Refund. The money will be entered into the Buyer's card within 30 working days from the date of the Application Form entering the system. The detailed information on terms of the money entering in the card should be available in the bank, which issued the card. The time period for the Application Form consideration and money refund to the Buyer shall start from the date the Seller receives the Application Form and shall be calculated in working days but for holidays and days off. 11 LIABILITIES OF PARTIES
11.1 The parties shall be liable for non-performance of improper performance of the present Agreement in accordance with the active legislation of the Russian Federation.
11.2 The Buyer shall bear full responsibility for the validity of the data provided by him during the registration in the Online Store.
11.3 The Seller shall not be liable for any damage done to the Buyer due to the improper use of the Goods purchased in the Online Store.
11.4 The Buyer shall be solely liable for all the activities performed by him at the Seller's website, as also for all the activities performed at the website by any other persons using the Buyer's personal data.
11.5 The Seller allows the Buyer to use the Website software without any warranties from the Seller.
11.6 In case of force majeure, or accidents or failures in the firmware of the third persons or partners cooperating with the Seller, or activities/non-activities of the third persons aimed at the Website inactivation, the Website can be suspended without any prior notice to the Buyer thereof. 12 CONFIDENTIALITY
12.1 During the registration at the Online Store Website, the Buyer shall provide his personal data such as last name, name, father's name, e-mail address, and contact phone number.
12.2 The Seller has the right to use the personal data provided by the Buyer to fulfill his obligations to the Buyer, to analyze the Store work, to transfer the Buyer's personal data to the third persons acting in virtue of the agreement with the Seller. 13 ENTRY INTO FORCE AND TERMINATION OF AGREEMENT
13.1 The present Agreement is deemed as a public offer, and pursuant to Article 437 of the Civil Code of the Russian Federation the Seller has the right to revoke the Agreement at any time. In case of such revocation of the Agreement by the Seller, the Agreement is deemed terminated from the date of revocation thereof. The Offer is revoked by posting the relevant information at the Seller's Website.
13.2 The Seller shall unilaterally determine, amend and cancel any clause of this Agreement without prior notice.
13.3 The present Agreement can be cancelled at any time as agreed by the parties.
13.4 By concluding the present Agreement, the Buyer accepts that the Seller will receive, collect, keep, process, and use the Buyer's personal data provided by the Buyer for the purpose of the present Agreement. In accordance with the Russian Federal Law No.152-FZ of 25/07/2011 on Personal Data, the Buyer accepts that the Seller and other companies respectively contracted by the Seller shall process the Buyer's personal data such as last name, name, father's name, delivery address, phone number, e-mail address, including collection, collation, storage, updating, and deletion of the same, in order to inform the Buyer on promotion actions and campaigns for permanent clients, as also to carry out market research, etc. The present acceptance shall be valid from the date of the Buyer's placing the order till the date of the revocation of the acceptance in the written form. The present acceptance can be revoked by the Buyer subject to the written notice to the Seller 30 (Thirty) calendar days prior to the proposed date of terminating the Buyer's personal data use. 14 MISCELLANEOUS
14.1 All disputes and disagreements arising out of failure to perform or for the improper performance of the obligations under this Agreement, shall be resolved by the parties through negotiations.
14.2 In case that the parties fail to reach any agreement, the dispute is subject to settlement in accordance with the active legislation of the Russian Federation.
The Buyer hereby confirms that he familiarized himself with all provisions of the present Agreement, fully understands it and unconditionally accepts all the terms specified herein.