Posted on the Site December 17, 2018.
Sole Proprietor Tronov Vladimir Andreevich, acting on the basis of the Primary State Registration Certificate № 319237500139189, hereinafter referred to as the "Seller", offers for purchase Products posted on the Site, to any individual who possesses legal capacity, hereinafter referred to as the "Buyer", if the latter accepts the terms of this Agreement. This Agreement is addressed to an indefinite circle of persons and is a public offer, according to Art. 435, Art. 437 of the Civil Code of the Russian federation. The buyer confirms that the terms of this Agreement are accepted by him without any objection and correspond to his real will. Before placing the Order, the Buyer has understood the meaning of the terms, words and expressions, used in this Agreement and on the Website according to their legal definition and / or interpretation specified in this Agreement. If the Buyer does not agree with the terms of this Agreement in full or in part, the Buyer is obliged to refuse to conclude this Agreement and use the Site. This Agreement does not require bilateral signature and is valid electronically.
TERMS
In order to enforce this Agreement, the Parties use the following terms in the following meaning:
1. Website (Online Store) - a website located on the Internet at mirplatkov.com, through which the Seller carries out distant trade in goods.
2. Goods - material object (s), presented on the Site and available for purchase by the Buyer.
3. Order - the Product (set of Goods) formed at the request of the Buyer to be transferred to the Buyer.
4. Order Form - a form located on the Site, intended to be filled by the Buyer and sent to the Seller.
5. Basket - is a section of the Site, which is part of the Order Form, by means of which the Buyer forms a list of the Products that make up the Order.
6. Buyer - any physical person who possesses legal capacity and has accepted this Agreement.
7. Buyer's Representative (Representative) - the person authorized by the Buyer to receive the Goods.
8. Acceptance of the Agreement (Unconditional Acceptance) - in accordance with Art. 438 of the Civil Code of the Russian Federation, full and unconditional acceptance of the Agreement, carried out by sending the Order to the Seller by the Buyer.
9. Personal data (PD) - information relating to the Buyer and (or) the Representative, including the information specified by him when placing the Order.
10. Personal data processing - actions (operations) performed by the Seller in manual or automatic mode with personal data, including collection, systematization, accumulation, storage, refinement (update, change), use, distribution (including transfer), depersonalization, blocking and destruction of personal data.
11. Courier Delivery (Delivery) - Delivery of the Order to the address specified by the Buyer at the time of placing the Order, by courier services.
12. Manager - a person performing the functions of interaction with the Buyer.
13. Legislation - current legislation of the Russian Federation.
1. SUBJECT OF THE AGREEMENT
1.1. The seller undertakes to transfer ordered goods to the property of the buyer, and the buyer undertakes to pay for the goods ordered in the online store.
1.2. If the Buyer disagrees with any of the provisions of this Agreement, the Buyer does not have the right to use the Online Store. If the Seller has made any changes to the Agreement with which the Buyer does not agree, he is obliged to immediately stop using the Online Store.
1.3. The seller has the right at any time to make changes to this Agreement and / or its annexes. The changes enter into force on the next calendar day after the posting of a new version of the Agreement (annexes to it) on the Website.
1.4. The Buyer undertakes to familiarize himself with the current version of the Agreement.
1.5. When placing an Order, the Buyer guarantees that he is fully acquainted with the text of this Agreement (annexes to it) and accepts its terms.
1.6. By placing the Order, the Buyer confirms his legal capacity as well as the authority to complete the Order.
1.7. This Agreement consists of:
1.7.1. "Sale and Purchase Agreement" - permanently placed in public access on the Website at the address: mirplatkov.com.
2. THE MOMENT OF THE AGREEMENT CONCLUSION. ORDERING
2.1. The fact of placing an Order is the unconditional acceptance of this Agreement and its annexes (Unconditional acceptance), and the Buyer is considered as a person who entered into a contractual relationship with the Seller.
2.2. Ordering is carried out by placing the desired goods in the basket with the name and quantity of the purchased goods. At the end of the checkout process, you must complete and send the Order Form to the Seller with the following parameters:
a) buyer name;
b) buyer's contact phone;
c) method of receiving (delivery) of the goods;
d) payment method.
Depending on the method of receipt (delivery) of the Order and on the method of payment, the following data must be entered:
a) surname, first name;
b) email address, telephone;
c) delivery address (or specify pickup point).
2.3. The Seller does not verify the accuracy and relevance of the data specified by the Buyer.
2.4. The order is considered completed after sending the completed Order Form to the Seller.
2.5. If the Seller has reason to assume that the information provided by the Buyer when placing the Order is not true or incomplete, it may be refused to accept the Order on a temporary or permanent basis.
2.6. Until the time of placing the Order and concluding this Agreement, the Buyer undertakes to familiarize himself on the Website with:
a) complete information about the product and place of manufacture of the goods, the cost of goods. This information is located next to the image of the goods;
b) methods of payment for the goods;
c) delivery methods (if applicable) and cost of the Goods;
d) full brand name and contact details of the Seller.
2.7. Information about the availability of goods in the warehouse of the seller and the timing of its delivery is approximate. The Buyer is aware and agrees that the delivery time of the Order may be postponed by the Seller, depending on the availability of the Goods at the Seller's warehouse and the speed of the courier service.
2.8. The buyer has the right to order at the same time an unlimited number of goods.
2.9. The Seller reserves the right not to deliver the Order to the Buyer if the Buyer has unpaid Orders.
3. PRODUCT CHARACTERISTICS
3.1. The product presented on the Site may partially differ in characteristics, appearance, size and / or color shade from the photo samples presented on the Site.
3.2. The product is presented in the online store through photo samples (images).
3.3. Each photo sample is accompanied by textual information: name, price per unit, description of the characteristics and consumer properties of the Goods, as well as other necessary information in accordance with the Law.
3.4. In case of any questions to the Buyer regarding the properties and characteristics of the goods, the Buyer must contact the Seller by placing the order on the Site before placing the Order.
3.5. The Seller is not responsible for the non-compliance of the Goods with the expectations and needs of the Buyer.
4. THE PRICE OF THE PRODUCT
4.1. The prices in the online store are indicated in the currency of the Russian Federation per item.
4.2. Tariffs for the provision of services for the delivery of goods posted on the Site and are not included in the price of goods.
4.3. The price of the Goods specified in the online store may be changed by the Seller unilaterally, and the price of the Goods ordered by the Buyer is not subject to change.
4.4. The seller has the right to provide a discount to the buyer on the goods.
4.5. The final cost of the Goods (Order) and Delivery is determined by the Seller after confirming the Order with the Manager.
4.6. The cost of the Goods may differ from the value indicated in the Online Store, in the case of holding promotions or discounts for Buyers who are holders of the Client's Cards. Information about promotions, as well as about the procedure for acquiring client cards, is posted on the Website.
5. PAYMENT
5.1. The buyer pays for the goods in one of the ways indicated on the Site in the "Basket" section.
5.2. In the case of non-cash payment, the Buyer's obligation to pay the Order value, including the cost of the Goods and Delivery, shall be considered fulfilled from the moment the respective funds are credited in the amount of 100% (one hundred percent) of the advance payment to the Seller's current account.
5.3. Seller's invoice cannot be considered as a separate contract for the purchase of goods.
5.4. In the case of non-cash payment, the courier service, on the instructions of the Seller, shall deliver (issue) the Goods to the Buyer only after payment has been received.
5.5. The delay in payment by the Buyer of the Order Value for a period exceeding 5 (five) calendar days from the date of placing the Order is a significant violation of this Agreement.
6. DELIVERY
6.1. Delivery of the Goods to the Buyer shall be carried out in the way chosen by the Buyer within the terms agreed by the Buyer and the Seller. The buyer hereby agrees that the delivery time is approximate.
6.1.1. The Seller has the right to notify the Buyer about the status of the Order using the contact information provided at the Order, including by phone, e-mail and / or SMS notification.
6.1.2. If the Buyer cannot accept the order within 1 (one) calendar day from the moment of notification of the readiness of the Order for Delivery (receipt) at the chosen payment method - by courier, the Seller has the right to cancel the Order. In this case the Buyer incurs all the expenses associated with the cancellation of the Order. The Seller shall not be liable for any losses incurred by the Buyer associated with the cancellation of the Order.
6.2. If the Buyer does not provide the possibility of receiving the Goods from the courier (the absence of the Buyer or his Representative at the specified Delivery address at the time agreed by the Parties), the next Delivery will be charged.
6.3. Ownership and the risk of accidental loss or damage to the goods shall pass to the Buyer from the moment of actual transfer of the Goods to the Buyer or his Representative.
6.4. Upon delivery, the Goods are handed over to the Buyer or its Representative. The Seller is not obliged to verify the authority of the Representative to receive the Goods if the Representative is located at the Delivery address.
6.5. The Buyer or Representative is obliged to check the Goods by name, quantity and assortment at the time of its acceptance.
6.6. Upon receipt of the Goods, the Buyer or the Buyer's Representative confirms, including by his signature in the Invoice, Act or other document, that he has no complaints about the appearance, name, quantity and completeness of the Order, and that he is familiar with the rules of return (exchange) of the Goods.
6.7. The Buyer undertakes to reimburse the Seller for the documented expenses incurred by the non-accepting Order on the appointed day, including the services of third parties for the custody of the Goods not accepted, the services for the re-delivery of the Goods.
6.8. The Buyer / Representative has the right to refuse the Goods only in accordance with the terms of this Agreement and in accordance with the Law.
6.9. In case of a partial refusal of the Buyer from the Goods that are part of the Order, the Seller has the right to exclude from the Order the gifts (bonuses) that were provided to the Buyer.
6.9.1. The Buyer is obliged to notify the Seller in advance about the intention to refuse the Products included in the Order and exclude gifts from the Seller from the Order.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. Seller undertakes:
7.1.1. Not to disclose any personal data of the Buyer (Representative) and not to provide access to this information to third parties, except as required by Russian law and this Agreement.
7.2. Buyer undertakes to:
7.2.1. Until the conclusion of the Agreement, familiarize himself with the contents of this Agreement and the terms of payment and delivery posted on the Website.
7.2.2. Provide accurate information about himself and the Representative (Name, contact numbers, e-mail address) and the address for delivery of the goods.
7.2.3. Accept and pay for the Goods within the terms specified in this Agreement.
8. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION
8.1. The Parties are responsible for the non-performance or improper performance of this Agreement in the manner provided for in 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 has specified an incorrect Shipping Address.
8.3. If the Buyer refuses to receive and pay for the delivered Goods of good quality, upon subsequent ordering the Seller has the right to demand 100% (one hundred percent) prepayment to the Seller's bank account.
8.4. The seller is not responsible for partial or complete failure to fulfill obligations for the delivery of goods, if they are the result of force majeure.
8.5. All disputes and disagreements arising in the performance by the Parties of their obligations under this Agreement shall be resolved through negotiations.
If it is impossible to eliminate them, the Parties have the right to seek legal protection of their interests.
8.6. The parties established the need to comply with the mandatory pre-trial claim procedure before going to court. The deadline for responding to a claim is 10 (ten) calendar days from the date the respondent received the claim.
8.7. In pursuance of Articles 1201, 1202 of the Civil Code of the Russian Federation, purchase and sale relations in this online store are subject to regulation in accordance with the legislation of the Russian Federation.
8.8. Disputes and disagreements are resolved by reaching an agreement of the parties, or in the judicial authorities of the Russian Federation.
8.9. Making a purchase in our store you automatically agree and accept all the terms of this offer contract.
9. RETURN AND EXCHANGE OF GOODS
9.1. Exchange and return are carried out in accordance with the current legislation of the Russian Federation and this Agreement.
10. FORCE MAJEURE
10.1. The Parties are exempt from liability for failure to perform or improper performance of obligations under the Contract for the duration of the force majeure. By force majeure means extraordinary and insuperable circumstances under the conditions that prevent the Parties from fulfilling their obligations under this Agreement. These include: natural disasters (earthquakes, floods, etc.), the circumstances of public life (military actions, emergencies, major strikes, epidemics, etc.), prohibitive measures by government bodies (prohibition of traffic, currency restrictions, international trade ban sanctions, etc.).
During this time, the Parties do not have mutual claims, and each Party takes over its risk of the consequences of force majeure.
10.2. Force majeure circumstances are recognized, including technical disruptions in the operation of the online store, which lead to distortion of information (including information on the value of the Goods, the properties of the Goods).
If the Order was made during the period of technical failure, the Manager, when confirming the Order, informs the Buyer with accurate information.
11. AGREEMENT VALIDITY
11.1. The Agreement enters into force from the date of Unconditional Acceptance by the Buyer and is valid until the fulfillment of obligations by the Parties.
12. CONSENT TO THE PROCESSING OF PERSONAL DATA (PD) OF THE BUYER - PRIVACY POLICY
12.1. By placing an order on the Website, the Buyer confirms his consent to the processing of his PD by the Seller.
12.2. The Buyer, when placing the Order on the Website, confirms that it provides the PD with the Representative with his consent.
12.3. The seller is not responsible in case of illegal transfer of PD to a third party.
12.4. List of PD of the Buyer, in relation to which consent to processing is given:
a) Name, Surname;
b) telephone number;
c) E-mail address;
d) mailing address;
e) card/account number.
12.4. The list of actions with PD for which the Buyer agrees:
a) acquisition and storage;
b) refinement (update, change);
c) use for the execution of this Agreement, including the transfer to third parties for the delivery of goods;
d) transfer to third parties for the implementation of partnership programs;
e) transfer in the manner prescribed by the legislation of the Russian Federation;
f) for distribution of catalogs, commercial offers, news for marketing and other commercial purposes by both the Seller and the Seller's partners;
g) cross-border transfer
12.5. The consent of the Buyer to the processing of personal data is granted without limitation of its validity.
12.6. The buyer, solely by personal request, has the right to withdraw (change) this consent to the processing of PD.
12.7. The seller processes and ensures the confidentiality of PD in accordance with the requirements of the current legislation of the Russian Federation.
12.8. The seller confirms that the Representative's PD, which were indicated by the Buyer at the time of placing the Order, will be used exclusively for the execution of this Agreement.
12.9. The Buyer is aware and agrees that telephone conversations with the Seller may be recorded in order to control the quality of the Seller's work.
13. OTHER TERMS AND CONDITIONS
13.1. The parties interact by the following requisites:
13.1.1. For the Seller - specified in clause 14 of this Agreement;
13.1.2. For the Buyer - specified during the ordering process;
13.1.3. The buyer sends claims (claims) to the Seller in a written form to the address specified in this Agreement.
13.2. Return of funds to the Buyer is carried out by decision of the Seller with the consent of the Buyer in one of the following ways:
a) cash at the location of the Seller;
b) by transferring to the bank account of the Buyer. If the amount paid is recognized as returnable, the refund will be made strictly on the card with which the payment was made.
14. DETAILS OF THE SELLER
Sole Proprietor Tronov Vladimir Andreevich
PSRNSP 319237500139189
TIN 232008005707
Legal address: 354003, Visnevaya st., 32
Bank details:
Checking account 40802810800000003984
JSC Zenith Sochi Bank, Sochi
BIC 04039671