Contract-Offer of retail purchase and sale
Russian Federation, the city of St. Petersburg
In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation
(Civil Code of the Russian Federation), in case of acceptance of the terms and conditions set forth below, any individual who makes an acceptance (acceptance) of this offer, becomes a Buyer (in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation acceptance of the offer is equivalent to the conclusion of the contract on the terms set forth in the offer).
The following Agreement, is an official offer (public offer) from IE Kostyshyn Daniel Andreevich (hereinafter referred to as “Seller”), to any individual (hereinafter referred to as “Buyer”), and contains all the essential terms and conditions necessary to conclude a contract of sale (hereinafter referred to as “Agreement”), on the terms and conditions described below.
This Contract-Offer is valid from the date of publication on the Site and until its official withdrawal by the Seller.
Relations between the Buyer and the Seller are governed by the Civil Code of the Russian Federation, the Law of the Russian Federation dated 07.02.1992 № 2300-1 “On Protection of Consumer Rights”, the Decree of the Government of the Russian Federation dated 27.09.2007 № 612 “On Approval of the Rules of Distance Selling”, and other applicable regulations of the Russian Federation.
1. terms and definitions
The following terms and definitions are used in this Contract:
Goods - fabrics, other textile products, accessories, related products
and other products sold by the Seller to the Buyer under the terms and conditions of this Contract
and in accordance with the Buyer's Order, for use in personal, family, household and other similar needs, not for the Buyer's own use.
and other similar needs, not related to the use in business activities;
Sale of goods by remote method - sale of goods under a retail sales contract concluded on the basis of the Buyer's familiarization with the description of goods offered by the Seller, contained in catalogs, using the information and telecommunication network “Internet”;
Website - an information resource used by the Seller to sell the Goods
and located in the Internet at the address: fabricfuture.com;
Registration - provision by the Buyer of the required reliable information (Buyer's full name, address, phone number, email) by placing it on the Site, after which the Buyer receives a login and password to enter the personal account.
Personal cabinet - the Buyer's interface, which allows him to perform the following operations
on selection of Goods and execution of Orders for delivery of Goods on the Site;
Acceptance - full and unconditional acceptance by the Buyer of the terms and conditions of this Agreement, confirmed by acceptance of the Goods;
Order means a list of goods to be purchased under this Agreement sent by the Buyer to the Seller via myAlpari;
Order - the Buyer's Application accepted by the Seller for work;Acceptance of the Application for work - confirmation of the Buyer's Application by the Seller;Obvious defect of the goods - a defect of the goods that can be detected during the acceptance of the goods in the manner normally used for acceptance of a certain type of goods.
2. Subject of the contract
2.1 In accordance with the present Agreement, the Seller undertakes to transferinto the ownership of the Buyer the Goods, and the Buyer undertakes to accept and pay for the Goods.
3 Acceptance of the Contract
3.1 The Buyer shall register on the Seller's Website in the following order:3.1.1 In the section “Registration” the Buyer enters the following information: his name(optional), e-mail and phone number (fields are mandatory), make a mark in the field about consent to the processing of personal data (to familiarize with the policy of the Seller's website).regarding personal data (privacy policy) can be found in the corresponding section of the Website).
3.1.2 In the “Personal Data” section of the personal account, the Buyer shall enter his/her surname at will, and may also change the login (by default, the e-mail address specified during registration on the Site is set as the login).
The Buyer is responsible for the completeness and accuracy of the personal data provided to the Seller listed in clauses. 3.1.1., 3.1.2.3.2 Sending of the Application by the Buyer means sufficient and complete familiarization of the Buyer with the Goods, the main consumer properties of the Goods and the address (location) of the Seller, the place of manufacture of the Goods, the full corporate name (name) of the Seller, the terms of purchase of the Goods, the price of the Goods, their delivery, the procedure of payment for the Goods
(location) of the Seller, the place of manufacture of the Goods, the full company name (name) of the Seller, the conditions of purchase of the Goods, the price of the Goods, its delivery, the procedure of payment for the Goods, as well as full and unconditional agreement with other terms and conditions of this Agreement.
(location) of the Seller, the place of manufacture of the Goods, the full company name (name) of the Seller, the conditions of purchase of the Goods, the price of the Goods, its delivery, the procedure of payment for the Goods, as well as full and unconditional agreement with other terms and conditions of this Agreement.3.3 The terms and conditions of the Contract shall be deemed to be agreed by the Parties from the moment of notification of the Buyer about the Acceptance of the Application into work.
3.4 By providing the Seller with his e-mail and phone number, the Website Visitor/User/Buyer agrees to the use of these means of communication by the Seller, as well as by third parties engaged by him for the purposes of fulfilling his obligations to the Website Visitors/Users/Buyers, in order to carry out mailings of advertising and informational nature, containing information about discounts, upcoming and existing promotions and other events.
4. Procedure for ordering, shipment and acceptance of the Goods
4.1 To place an Order, the Buyer shall register on the Seller's Website,
in accordance with the procedure stipulated in p. 3.1. of this Offer Agreement.
4.2. The Buyer through the Personal Cabinet makes the formation of the Application4.2. The Buyer through the Personal Cabinet makes the formation of the Applicationand places it on the Site (sending the Order).
If the Buyer needs additional information to form an Order, he/she shall request this information from the Seller.
4.3 In the section of the Site “Order placement” the Buyer specifies the region of delivery,
its method, form of payment, exact address for delivery (except for self-delivery).
The Buyer is responsible for the completeness and accuracy of the specified information.4.4 Upon receipt of the Application, the Seller shall process it, check the possibility of sale and delivery of the required Goods, and then notify the Customer of the Acceptance or non-acceptance of the Application for work.
or non-acceptance of the Order.Upon agreement with the Buyer, the Order may be accepted by the Seller for work not in full.
4.5 The Seller shall deliver the Goods to the address specified by the Buyer at the Buyer's expense using the SDEK delivery service integrated on the website.4.5.1 Together with the Goods, the Seller gives the Buyer a copy of shipping documents, as well as all information about the Goods, their properties, operating rules, warranty conditions, provided and attached to the Goods by the manufacturer.
4.6 Acceptance of the Goods in terms of quantity, apparent defects, assortment and completeness shall be carried out by the Buyer/authorized representative of the Buyer, after receipt of the Goods by the Buyer.4.7 The moment of transfer of title and risk of accidental loss of the Goods is the moment of delivery of the Goods to the Buyer, confirmed by the information of the postal service.
5. Rights and obligations of the Parties
5.1 The Seller undertakes:
5.1.1. Transfer the Goods to the Buyer in accordance with the terms and conditions of this Contract-Offer.
5.1.2 From the moment of conclusion of this Contract, to ensure full fulfillment of all obligations to the Buyer in accordance with the terms of this Contract. The Seller shall not be liable for delivery of Goods unsuitable to the Buyer
in terms of quantity/properties/assortment/completeness, if the delivered Goods correspond to the Buyer's Application.
5.2 The Seller shall be entitled to:
5.2.1 If the Goods specified in the Buyer's Application are not available, offer the Buyer similar Goods.
5.2.2 Notify the Buyer of cases where technical errors may occur,
including:
the Seller's website contains information about the availability of the Goods, but such Goods are not available;
the website displays incorrect price of the Goods.
In the presence of the above circumstances, the Seller shall notify the Buyer of the following
about the impossibility to fulfill the Order due to technical errors. The Seller
in such case has the right to offer the Buyer other variants of the Order.
If the Buyer's Order, formed at an erroneous price, has been paid,
in the absence of the Buyer's consent to fulfill the Order at the valid price, the Seller shall return to the Buyer the amount paid for the Order in the same manner in which it was paid.
5.3 The Buyer undertakes:
5.3.1 Before concluding the Contract familiarize with the content and terms of the Contract-Offer, prices, basic consumer properties of the Goods, rules
and terms of use of the Goods, information about the address (location) of the Seller, its full company name (name), place of manufacture of the Goods, conditions of purchase of the Goods, their delivery, procedure of payment for the Goods. Familiarization of the Buyer
familiarization of the Buyer with the information specified in this clause is confirmed by the fact of acceptance of this Agreement.
5.3.2 In fulfillment of the Seller's obligations to the Buyer, the latter shall provide all the necessary data allowing to accurately identify the party to the Contract: 5.3.2.
under this Agreement: Full name, postal address. If the conditions of this clause are not fulfilled, the Seller shall have the right to refuse to fulfill this Agreement.
5.4 The Buyer shall have the right to:
5.4.1 Demand compliance with the terms and conditions of this Agreement by the Seller.
5.4.2 Receive information about changes in the order of work with the Site.
6. Price and settlement procedure
6.1 The price for the Goods is determined on the basis of the price list posted on the Website,
at the time of the Buyer's Order.
In case of delivery of the goods to the Buyer's address, the cost of delivery shall be paid by the Buyer additionally.
6.2 The price for the Goods under this Agreement shall be set in Russian rubles and shall be indicated
in delivery notes or other document confirming the fact of receipt of the Goods.
6.3 Payment for the Goods is possible in the following forms:
cash payment when paying for the purchase in cash in the store or to the courier (when delivering the goods by courier);
plastic cards - cashless payment by bank card in the store or to a courier (when delivering goods by courier). Cards of the following payment systems are accepted: “VISA”, ‘MasterCard’, ‘MIR’.
payment on the site. To choose the payment of goods by bank card on the page of order placement it is necessary to press the button “Payment by bank card on the site”. Payment is made through the Branch “Central” of VTB Bank (PAO) using Bank cards of the following payment systems: “MIR”, ‘VISA International’, ‘Mastercard Worldwide’.
Descriptions of the data transfer process.
For payment (entering the Buyer's details), the Buyer is redirected to the payment gateway Central Branch of VTB Bank (PAO). Connection to the payment gateway and transfer of information is carried out in a secure mode using the SSL encryption protocol. If the Buyer's bank supports the technology of secure Internet payments “Verified By Visa” or “MasterCard SecureCode”, the payment may also require a special password.
The Seller's website supports 256-bit encryption. Confidentiality of the personal information provided is ensured by the Central Branch of VTB Bank (PJSC). The entered information will not be provided to third parties except for cases stipulated by the legislation of the Russian Federation. Payments by bank cards shall be made in strict compliance with the requirements of “MIR”, “Visa Int.” and “MasterCard Europe Sprl” payment systems.
7. Procedure and terms of returning the goods
7.1 In case of remote purchase of Goods, the Buyer has the right to reject the Goods at any time prior to their transfer, and after the transfer of the Goods - within 7 (seven) days.
7.2 The return of Goods of proper quality on the grounds stipulated in Articles 25, 26.1 of the Law of the Russian Federation “On Protection of Consumer Rights” (except for Goods that are not subject to return) is possible in the case if its trade dress and consumer properties are preserved.
Merchantability in this clause means:
absence of traces of use of the Goods, damage, contamination;
absence of damage to the packaging.
7.3 Textile goods (cotton, linen, silk, woolen and synthetic fabrics, goods made of nonwoven fabrics such as ribbons, braid, lace and others); cable products (wires, cords, cables); construction and finishing materials (linoleum, film, carpeting and others) and other goods dispensed on a per meter basis, as well as other goods dispensed on a per meter basis, are not subject to return.
by the meter, as well as other goods named in the List of non-food goods of proper quality, not subject to return or exchange for similar goods of other size, shape, size, style, coloring or configuration, approved by the Government of the Russian Federation from 19.01.1998 № 55.
8. Warranties
8.1 The term and conditions of the warranty for the Goods are determined by the manufacturer of the Goods.
9. Contract Term
9.1 This Contract shall come into force from the moment of the Buyer's Acceptance in the order established by this Contract and shall remain in force until the Parties fulfill their obligations in full.
10. Responsibility of the Parties
10.1 For all issues not stipulated by this Agreement, the Parties' responsibility shall be determined in accordance with the current legislation of the Russian Federation.
10.2 If the Buyer returns the Goods, the Seller shall refund the cost of the Goods under this Agreement within 10 (ten) calendar days, except for the cost of delivery of the returned Goods from the Buyer, unless otherwise provided for by the current legislation of the Russian Federation. Return of the Goods shall be made to the Seller's address specified in this Agreement.
11. Force Majeure
11.1 The Parties shall be released from liability for partial or full non-fulfillment of obligations under this Agreement, if such non-fulfillment was a consequence of force majeure, which occurred after conclusion of this Agreement, as a result of events of extraordinary nature, the occurrence of which the Party, which failed to fulfill its obligations in full or in part, could neither foresee nor prevent (force majeure). Force majeure shall also include fires, floods, natural disasters, military actions and acts of state legislative and executive authorities, which made it impossible for the Parties to fulfill their obligations under this Agreement.
11.2 In case of force majeure circumstances, the term of fulfillment of the Parties' obligations under this Agreement shall be postponed commensurately with the time during which such circumstances will be in force,
during which such circumstances will be in force.
11.3 The Party subjected to force majeure circumstances shall notify the other Party within 3 (three) calendar days from the date of occurrence of such circumstances, with the Seller's notification being posted on the Website.
11.4 If the term of force majeure circumstances exceeds one calendar month, the Parties undertake to resolve the further legal fate of this Agreement.
12. Dispute Resolution Procedure
12.1 All issues related to the fulfillment of this Agreement, the Parties shall attempt to resolve through negotiations and signing of respective agreements.
12.2 If it is impossible to reach an agreement, all disputes related to this Contract shall be subject to consideration in accordance with the current legislation.
13. Informing and processing of personal data
13.1 By accepting this Offer the Buyer agrees to the Seller to
to the processing of his personal data, i.e. to perform the actions provided for by Art. 3 para. 3 Article 3 of the Federal Law of 27.07.2006 № 152-FZ “On Personal Data”: any action (operation) or set of actions (operations) performed with or without the use of means of automation with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
This consent of the Buyer shall be valid from the date of Acceptance of this Agreement until the date of revocation in writing.
13.2 By accepting this Offer, the Buyer confirms its consent to
to receive e-mail notifications about the creation of orders, as well as the processing of his personal data.
13.3. Informing about financial transactions, stages of order fulfillment, promotions and programs of the Seller, as well as the Seller's programs.
and programs of the Seller, as well as informational messages are made by SMS and e-mail newsletters according to the settings in myAlpari. The Buyer shall manage the settings of mailings independently through myAlpari on the Website.
14. Seller's requisites
IP Kostyshin Daniil Andreevich
TIN 780539115033
OGRNIP 323784700328669
Phone: +79817955595
E-mail address: daniilkost15@gmail.com
р/с 40802810326600000925
in the Bank Central Branch of VTB Bank (PJSC)
BIK 044525411
k/s 30101810145250000411