Public Offer Agreement

ed. from 10.10.2024.

1. TERMS, DEFINITIONS AND GENERAL PROVISIONS

 

  • In this Agreement, the following terms and definitions have the following meanings:
  • 1.1. "Product" – models, accessories, components and related items presented on the website xxxdolls.ru in the "store" section.
  • 1.2. "Online Store" is the Seller's website intended for concluding retail and wholesale purchase and sale Agreements based on the Buyer's familiarization with the description of the Goods offered by the Seller and/ or presented in photographs, via the Internet, excluding the possibility of direct acquaintance of the Buyer with the Goods - a remote method of selling the Goods.
  • 1.3. "Service (or Services)" means services provided by the Seller to the Buyer on the terms and in accordance with this Agreement.
  • 1.4. "Buyer" is a citizen who has the intention to order or purchase or who orders, purchases or uses Goods exclusively for personal, family, household and other needs not related to business activities.
  • 1.5. "Seller" - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur who sells goods remotely.
  • 1.6. "Catalog" - information about goods posted in the Online store in the "store" section.
  • 1.7. "Website" - a set of information resources posted on the Internet at xxxdolls.ru
  • 1.8. "Order (or Orders)" - a list of one or more items (items) The Goods and all services necessary for the execution, production, delivery of the goods, combined by a single Order number containing information about the name of the Goods, their quantity, manufacturer, method of transfer, price and other conditions of delivery and payment for the Goods.
  • 1.9. "Document (or Documents)" – primary shipping documents that are issued upon transfer of Goods
  • 1.10 "E-mail" is a technology and service for sending and receiving electronic messages (called "letters", "emails" or "messages") between users of a computer network (including the Internet)
  • 1.11 "Cost of the product" - the price of the Product, excluding its delivery to the Buyer.
  • 1.12. "Settlement account" is an account of an organization in a banking institution intended for storing free funds and conducting current payments in cash and non-cash form.
  • 1.13. "Delivery of goods" means the transfer of Goods to the Buyer at the delivery address previously designated by the Seller.
  • 1.14. "Service (or Services)" is the result of direct interaction between the Seller and the Buyer, as well as the Seller's own activities to meet the needs of the Buyer.
  • 1.15. "Shopping cart" - The shopping cart in the online store is an interface where the Buyer can add the Goods that he is going to buy.
  • 1.16 "Cookies" - Service information sent by the web server to the user's computer for saving in the browser. It is used to save data specific to a given user and used by a web server for various purposes)
  • 1.17 "Acceptance" – the Buyer's full and unconditional acceptance of the terms of this Agreement, confirmed by placing an Order in accordance with the terms of this Agreement
  • 1.18 This Agreement for the retail sale of goods in the Online store xxxdolls.ru (hereinafter referred to as the "Agreement") defines the procedure for the retail purchase and sale of Goods through an Online store, and in accordance with Article 437 of the Civil Code of the Russian Federation is the official public offer of the Seller addressed to persons hereinafter referred to as the "Buyer", with the joint mention of the Seller and the Buyer are also referred to as "Parties", and each individually as a "Party".
  • 1.19 Each Party guarantees to the other Party that it has the necessary legal and legal capacity, as well as all the rights and powers necessary and sufficient to conclude and execute a retail sale agreement.
  • 1.20 By placing an order through the Online Store by filling out the order basket and/or paying for the order by transferring funds to the store's current account, the Buyer makes full and unconditional acceptance of the terms of the Purchase Agreement set out in this Agreement.
  • The Buyer guarantees that all the terms of this Agreement are clear to him, and he accepts them, unconditionally and in full.
  • 1.21 The provisions of the Civil Code of the Russian Federation apply to the relationship between the Buyer and the Seller (including the regulation on retail sale (§ 2, Chapter 30), the Law of the Russian Federation "On Consumer Rights Protection" dated 02/07/1992 No. 2300-1, the Rules for the sale of goods by remote means, approved by Decree of the Government of the Russian Federation No. 612 dated 09/27/2007 and others legal acts adopted in accordance with them.
  • 1.22 The Seller reserves the right to unilaterally change the price of the Goods. The change in the price of the Product does not apply to the Product whose delivery request has been accepted by the Seller. The Buyer undertakes to monitor the changes in this Agreement posted on the Website.
  • 1.23 The Seller reserves the right to unilaterally make edits and changes to the existing offer, directly or indirectly affecting the operation of the store in a positive way within the framework established by the legislation of the Russian Federation.

2. SUBJECT OF THE AGREEMENT

 

  • 2.1. The Seller undertakes to transfer the Goods and related Documents to the property of the Buyer, and the Buyer undertakes to inspect, accept and pay for it on the terms established by this Agreement.
  • 2.2. This Agreement regulates the purchase and sale in the Online store xxxdolls.ru , including:
  • a) the Buyer's voluntary choice of goods in the Online store;
  • b) self-checkout by the Buyer in the Online store;
  • c) payment by the Buyer for the order placed in the Online store;
  • d) execution and transfer of the Order to the Buyer under the terms of this Agreement.

 

 

3. THE ORDER EXECUTION PROCEDURE

 

  • 3.1. In order to place and place an Order, the Buyer must provide the necessary contact information when placing an Order.
  • 3.2. When placing an Order, the Buyer receives from the Seller the full amount of information about the product ordering service and about the product: when placing an Order independently via the Internet - from the information posted on the Website, when the Buyer visits the sales office - from the Seller's consulting managers. Filling out an Order, applications, and further transfer of it for execution means sufficient and complete familiarization of the Buyer with the Goods, the terms of its delivery, the presence (absence) of discounts, as well as the impact of the Order conditions on the formation of the final price of the Goods.
  • 3.3. When creating an Order on the Seller's website, the Buyer:
  • 3.3.1. agrees to the terms of the Order, selects and confirms:
  • - Product catalog number or link;
  • - the cost of the Product;
  • - the Order of Transfer Of Goods;
  • - the procedure for the provision of additional Services by the Seller, if any.
  • 3.3.2. places the necessary Product and/or Service in the Shopping Cart and at its discretion:
  •                   - leaves Items in the Shopping Cart without placing an Order;
  •                   - sends the generated Order via electronic communication to the Seller.
  • 3.4. The order is accepted after receipt of funds from the Buyer to the Seller's Current account.
  • 3.5. After Accepting the Order for work:
  • 3.5.1. The Seller performs actions to fulfill the Order. The execution of the Order begins before the end of the next business day. If this moment falls on a weekend or a holiday in the sense interpreted by the Labor Code of the Russian Federation, the start date of the Order is postponed accordingly by the number of such days.
  • 3.6. The Order is considered fulfilled from the moment of delivery and delivery of the Goods to the Buyer and / or notification of the Buyer about the delivery by E-mail and / or phone.
  • 3.7. If the Buyer has any questions regarding the characteristics of the Product, the Buyer should contact the Seller for advice before placing an Order.
  • 3.8. In the case of self-selection of Goods, without consulting the Seller, the Buyer is responsible for the compatibility of the ordered and purchased goods under this Agreement.

 

4. COST AND PAYMENT PROCEDURE

 

  • 4.1. The total cost of the Order consists of the Catalog value of the Goods, the cost of additional options for the order, direct and indirect costs for services for the manufacture and production of the order, the cost of delivering the Goods to the address specified by the Buyer.
  • 4.2. Non-cash payment of the Order is made after providing information to the customer about the total cost of the order. When paying through a bank branch, the Buyer has the right to change the name of the product in the purpose of payment in order to preserve the confidentiality of the purchase.
  • 4.3. The date of payment of the Order is the date of receipt of funds to the Seller's Current Account.
  • 4.4. If the Value of the Goods exceeds 50,000 (fifty thousand) rubles, the Goods are delivered free of charge to the Buyer's home or to the nearest pick-up point specified when placing the order..
  • 4.5. Payment for the Order and /or prepayment is made by the Buyer in rubles in one of the following ways:
  • -money transfer to the Seller's account through the bank by the details of the organization specified on the contacts page,
  •                   -payment by bank card on the Website of the Online store.​​​​​​
  • 4.6 -in case of unjustified non-redemption of the order by the buyer, the prepayment (advance / security payment) made by him earlier will not be refunded. The store also has the right to demand full payment of the penalty for all incurred direct and indirect costs spent on registration, production and execution of the customer's order.
  • 4.7 -When placing an order with individual settings ( options ) the buyer cannot refuse the goods ordered by him and is obliged to pay the full cost of the order, unless otherwise agreed with the store management.

 

5. THE ORDER OF DELIVERY AND TRANSFER OF GOODS

 

  • 5.1. Delivery and transfer of the Goods in accordance with the terms of this Agreement is carried out at the address agreed with the Buyer.
  • 5.2. Delivery of the Goods to the place of transfer is carried out by the Seller at the Seller's expense.
  • 5.3. The Seller transfers the Goods to the Buyer under this Agreement within 65 (sixty-five)  working days from the date of receipt of 100% prepayment to the Seller's Current Account, and in other cases, when force majeure circumstances come into force, including global quarantine measures and a high-alert regime of up to 90 days.
  • 5.4. The transfer of the Goods by the Seller to the Buyer is carried out on the basis of an approved, completed and fully paid Order.
  • 5.5. The Buyer receives the Goods ready for delivery if available:
  •                   • 100% payment of the Order;
  •                   • a duly executed power of attorney from the Buyer's Representative, in case of receipt of the Goods by the Buyer's authorized representative.
  • 5.6. The Buyer or his Representative must sign copies of the Documents of the Seller (the Seller's representative) and accept the Documents together with the Goods.
  • 5.7. The risk of accidental death, loss or accidental damage to the Goods, as well as the ownership of the Goods, shall pass to the Buyer:
  •                   • for pickup and delivery by a third–party Courier service hired by the Buyer - from the moment the Goods are handed over to the Buyer or his Representative, as well as at the time the Buyer or his Representative signs the documents confirming the delivery of the Order.
  •                   • upon delivery by a third–party Transport company - from the moment of receipt of the Goods by an employee of the company delivering the Goods at the will of the Buyer.
  • 5.8. The transfer of the Goods to the Buyer can be carried out in one of the following ways:
  • • Delivery to the apartment at the specified address by the courier delivery service of the Seller;
  •                   • Delivery to the pick-up point at the specified address by the courier delivery service of the Seller;
  •                   • Delivery in Moscow and the Moscow region by the Seller's own transport.
  •                   • Pickup from the Seller's warehouse.
  • 5.9. The transfer of the Goods on the terms of pickup is carried out by receiving the Goods by the Buyer or his authorized Representative at the Seller's warehouse, at the address specified by the Seller.
  • 5.10. Delivery of the Goods by the Seller's Transport is carried out within Moscow and the Moscow region.
  • 5.11. The delivery of the Goods by the Transport Company is carried out on working days at the prices and on the terms specified in this Agreement.
  • 5.12. If the Buyer provides false information about his contact details (delivery address, recipient of the Goods) The Seller is not responsible for improper execution of the Order.
  • 5.13. If the Delivery of the Goods was made within the prescribed time, but the Goods were not delivered to the Buyer through his fault, subsequent Delivery is made within the new time agreed with the Seller, after the Buyer pays the cost of the Goods Delivery services again.
  • 5.14. Upon Transfer, the ordered Goods are handed over to the Buyer or his Representative, who has provided a notarized power of attorney for the right to receive the Order.
  • 5.15. In order to avoid cases of fraud, as well as to fulfill the obligations assumed, when handing over the prepaid Goods, the person transferring the Goods has the right to demand to present an identity document of the Buyer or his Representative, as well as to require to specify the details of the identity document provided by the Buyer or his Representative of the Buyer or his Representative on the consignment note The order.
  • 5.16. At the time of Transfer of the Goods, the person performing the Transfer demonstrates to the Buyer or his Representative the appearance of the package and the conformity of the quantity and assortment of the Goods specified in the Order.
  • 5.17. The Buyer or his Representative at the time of receipt of the Goods receives a package of documents for the Goods:
  • • consignment note (if available);
  •                   • sales receipt or cash register (if available);
  • 5.18. The Buyer or his Representative examines the Goods and confirms by the fact of transfer of ownership of the goods that:
  •                   • The Buyer has read and agrees to this Agreement;
  •                   • information about the Product to the extent provided for by regulatory acts on consumer protection, including paragraphs 8, 9, 32 of the Rules for the sale of goods remotely (approved by Decree of the Government of the Russian Federation dated 09/27/2007 N 612), the Buyer has received and understood;
  •                   • the completeness of the Product has been verified by the Buyer;
  •                   • The Buyer confirms acceptance of the packaged Goods of proper quality;
  •                   • The buyer received exactly the Product he ordered;
  •                   • The Buyer does not have any claims against the Seller upon purchase of the Product.
  • 5.19. Claims for defects are accepted only at the time of Delivery of the goods.
  • 5.20 The period of possible return of the goods, stipulated within the framework of the legislation of the Russian Federation, is 7 calendar days.
  • 5.21 The cost of storing the customer's goods in the store's warehouse in case of unjustified refusal to accept and/or pick up their previously paid goods is five thousand rubles per calendar day, unless otherwise agreed with the customer by the store management or an authorized representative.

 

 

6. RIGHTS AND OBLIGATIONS OF THE PARTIES

 

  • 6.1. The Seller is obliged to:
  • 6.1.1. When paying for the Goods, provide, at the request of the Buyer, the necessary and reliable information about the Product that complies with established laws, other legal acts and requirements for the content and methods of providing such information in retail trade.
  • 6.1.2. Deliver the Goods in accordance with the terms of the Order.
  • 6.1.3. Transfer the Goods of proper quality.
  • 6.1.4. In case of a change in the delivery period, immediately inform the Buyer about the change in the terms of delivery in order to obtain consent to the new terms of the Order in whole or in part. The Seller informs the Buyer via telephone and electronic communication. The Buyer's response received by E-mail is recorded in the electronic Order execution history. The Buyer is considered to have accepted the changed terms if, within 24 (twenty-four) hours from the date of notification by the Seller of the change in the Contractual Terms, he has not sent a written refusal to the Seller. 
  • 6.2. The Seller has the right to:
  • 6.2.1. Not to proceed with the execution of the Order, in the absence of its one hundred percent prepayment.
  • 6.2.2. In case of non-demand of the Goods by the Buyer within 5 (five) calendar days from the moment the Seller notifies the Buyer of the receipt of the Goods at the pick-up point of the local delivery service, terminate the Contract unilaterally, without returning the prepayment to the Buyer. 
  • 6.2. The Buyer is obliged to:
  • 6.2.1. Pay for the goods within the time limits set forth in this Agreement, and accept it upon receipt.
  • 6.2.2. Accept the Goods in terms of quantity, assortment, completeness and appearance directly upon receipt by visual inspection and counting of the Goods, and in case of non-compliance of the Goods in terms of quantity, assortment, completeness and appearance, as well as in case of defects or other malfunctions, draw up a bilateral complaint act in the presence of a courier service employee.
  • If the Buyer does not declare the discovery of these defects / inconsistencies at the time of acceptance of the Goods, claims from the Buyer will not be accepted.
  • 6.2.3. Comply with the terms of this Agreement.
  • 6.2.4. Before concluding this Agreement, familiarize yourself with the information provided by the Seller on the Website, about the Price and conditions of purchase and operation of the Goods, about the options for its Delivery (receipt), about the payment procedure for the Goods, as well as the period during which the offer to conclude this Agreement is valid, and in the absence of information of interest to the Buyer, or, if necessary, to obtain additional information, to request the Seller in writing to provide such information.
  • 6.2.5. Provide, when placing an Order, the exact name of the required Product, its number or a link to the catalog necessary to accurately determine the required Product. The seller.
  • 6.2.6. To accept the Goods ready for Transfer from the Seller in a timely manner, in accordance with the procedure established by this Agreement
  • 6.2.7. In case of pickup of the Goods, carry out the export of the Goods within the period provided for in this Agreement.
  • 6.2.8. In case of an order for Delivery of the Goods, notify the Seller of the place and desired date of delivery of the Order / transfer of the Goods.
  • 6.2.9. Timely and fully pay for the purchased Goods in the manner and within the time limits set forth in this Agreement and the conditions specified on the Seller's website.
  • 6.2.10. In the case of an independent order of the Product, without consulting the Seller's managers, be responsible for the selection of the Product.
  • 6.3. The Buyer has the right to:
  • 6.3.1. To require the provision of necessary and reliable information about the Product, in accordance with established laws, other legal acts and requirements for the content and methods of providing such information in retail trade.
  • 6.3.2. Upon transfer of Goods of inadequate quality, if its defects have not been specified by the Seller, at his option to require:
  • a) replacement of substandard Goods with Goods of proper quality;
  • b) a proportionate reduction in the purchase price;
  • c) reimbursement of expenses for the elimination of defects in the Goods.
  • The Buyer, at the Seller's request, must return the received Goods of inadequate quality at his expense.

 

 

7. RESPONSIBILITY OF THE PARTIES

 

  • 7.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties are responsible in accordance with the current legislation of the Russian Federation.
  • 7.2. The Seller is not responsible in cases of allergic manifestations or individual intolerance by the Buyer of the materials from which the goods are made.
  • 7.3. The Buyer is responsible for the accuracy of the information provided when placing the order.
  • 7.4. The Seller is not responsible, cannot act as a defendant in court and does not compensate for losses incurred by the Buyer due to the actions or omissions of third parties.
  • 7.5. The Seller is not responsible for damage caused to the Buyer as a result of improper use of Goods purchased in the Online store.
  • 7.6. The Seller is not responsible for the Buyer's losses resulting from:
  •                   • incorrect filling of the order form, including incorrect indication of personal data,
  •                   • illegal actions of third parties.
  • 7.7. The Parties are released from liability for partial or complete non-fulfillment of obligations under this Agreement, if this non-fulfillment was the result of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the Party could neither foresee nor prevent by reasonable measures.
  • 7.8.           Force majeure circumstances, in particular, include: fires, earthquakes, floods and other natural disasters, declared or actual war, civil unrest, epidemics, blockade, embargo, national crisis, strikes in an industry or region, actions and decisions of state authorities, failures arising in telecommunications and energy networks, the action of malware, as well as unfair actions of third parties, expressed in actions, aimed at unauthorized access and/or disabling of the software and/or hardware complex of each of the Parties.
  • 7.9. The Party referring to force majeure circumstances is obliged to inform the other Party about the occurrence of such circumstances in writing within 5 (five) business days. Confirmation of the force majeure circumstances will be a document issued by the relevant competent State authority.
  • 7.10. In the event of force majeure circumstances, the term of performance of obligations under this Agreement shall be extended in proportion to the time during which such circumstances and their consequences apply. If the force majeure circumstances referred to by one of the Parties last for more than 60 (sixty) days, the other Party has the right to unilaterally terminate this Agreement.

 

8. DISPUTE RESOLUTION PROCEDURE

 

  • 8.1. The Parties will take all measures to resolve disputes and disagreements that may arise during the performance of obligations under the Agreement or in connection with it, through negotiations.
  • 8.2. If the Parties have not reached an agreement, all disputes are subject to consideration in accordance with the procedure provided for by the legislation of the Russian Federation.

 

 

9. CONFIDENTIALITY

 

  • 9.1. The Seller undertakes not to disclose to third parties and not to use the information received under the Agreement for purposes directly or indirectly damaging the Buyer and/or to obtain any advantages and benefits.
  • 9.2. The Seller is responsible for losses incurred from disclosure of confidential information, unless otherwise provided for in this Agreement, in accordance with the current legislation of the Russian Federation.
  • 9.3. When placing an Order in the Online store, the Buyer provides the following information about himself: Last name, First name, email address, phone number, postal code, full delivery address (Country of residence, region, city, street, house number, entrance number, floor, apartment number)
  • 9.4. The Seller uses the information received from the Buyer:
  • • to fulfill its obligations to the Buyer;
  • • to evaluate and analyze the work of the Online store;
  • 9.5. The Seller has the right to send advertising and informational messages to the Buyer with the consent of the Buyer, which he informs about when subscribing to receive such messages. If the Buyer does not wish to receive mailings from the Seller, he must refuse to receive such mailings in the Online store.
  • 9.6. Disclosure of information received by the Seller:
  • 9.7.1. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to agents and third parties acting on the basis of an agreement with the Seller to fulfill obligations to the Buyer.
  • 9.7.2. Disclosure of information in accordance with reasonable and applicable legal requirements is not considered a violation.
  • 9.8. The Seller has the right to use cookies technology. Cookies do not contain confidential information and are not transmitted to third parties.
  • 9.9. The Seller is not responsible for the information provided by the Buyer on the Website in a publicly available form.

 

10. FINAL PROVISIONS

 

  • 10.1. In all other matters that are not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.
  • 10.2. The Parties undertake to notify each other in case of changes in any of their details immediately, within 1 (one) business day from the moment of changing the details.  
  • 10.3. The date of conclusion of the Agreement and its entry into force is considered to be the date of the Buyer's Order.
  • 10.4. Under this Agreement, the parties recognize the legal force of the texts of documents received by E-mail, along with documents executed in simple written form.

11. Store details

 

  • ИП Морозов Д А / огрн : 318774600196044 / инн : 773273830458 / БИК : 044525225Рас./счёт: 40802 810 738000093859 / Корр./счёт: 30101 810 400000000225 / ПАО СБЕРБАНК г. Москвы 

 

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