EN / RU
This Agreement is a public offer in accordance with Articles 426, 435, 437 of the Civil Code of the Russian Federation.
1.1. Seller – Individual entrepreneur Mishustin Kirill Sergeevich, registered at the address: 308070, Belgorod region, Yakovlevsky district, Builder, Lenin str., 5A, sq.36 – INN 312101729775, OGRNIP 322312300015000.
1.2. The buyer is a natural or legal person who is a consumer in accordance with the Law of the Russian Federation On Consumer Protection, who ordered and/ or paid for the Goods in the store.
1.3. The Order is an automatically generated document defining a set of Goods and Services purchased by the Client.
1.4. Goods – inventory items offered by the Seller.
1.5. Services – delivery services and other similar services provided by the Seller, the types and cost of which are brought to the attention of the Client.
2.1. The Seller undertakes to transfer the Goods to the Buyer's ownership according to the Order, and the Buyer undertakes to accept and pay for this Product in accordance with the terms of this Agreement.
3.1. The Seller is obliged to:
3.1.1. Transfer the Goods to the Buyer on the terms of this Agreement.3.1.2. Transfer the Goods to the Buyer free from the rights of third parties.
3.2. The obligations to transfer the Goods are considered fulfilled by the Seller from the date of transfer of the Goods to the Buyer.
3.3. The buyer is obliged to:
3.3.1. Pay for the Goods in accordance with the terms of this Agreement.
3.3.2. To accept the Goods in terms of quantity and quality upon receipt of the Goods.
3.4. Payment obligations are considered fulfilled by the Buyer at the time of receipt of the entire amount of money for the Goods to the settlement account or to the Seller's cash desk.
4.1. The Seller guarantees that the quality of the delivered Goods meets the requirements of standards and specifications established in the Russian Federation.
5.1. The Buyer pays for the Goods at the prices agreed by the Parties and specified in the Order.
5.2. The shipment of Goods by the Seller is made on the terms of 100 (One hundred)% prepayment, and the amount of at least 70 (Seventy)% is paid by the Buyer within 3 (Three) banking days from the date of acceptance of the order by the Seller. The remaining amount must be paid by the Buyer no later than 5 (Five) banking days before the date of shipment of the Goods to the Buyer from the Seller's warehouse.
5.3. The Seller issues an invoice to the Buyer for payment at the time of signing this Agreement.
5.4. The Goods remain the property of the Seller until the full transfer of the value of the Goods by the Buyer to the settlement account or to the Seller's cashier.
5.5. Payments are made by bank transfer. Settlements may be made in cash, unless otherwise provided by law.
6.1. The Seller undertakes to prepare the Goods for shipment within 30 (Thirty) working days from the date of acceptance of the Order for execution, unless otherwise agreed upon when accepting the Order.
6.2. The Order is considered accepted for execution by the Seller from the moment the prepayment for the Goods is received from the Buyer to the settlement account or to the Seller's cashier.
6.3. The terms of shipment are valid only if the Buyer fulfills the payment obligations.
6.4. In case of violation by the Buyer of the established terms of prepayment for the Order, the Seller has the right to unilaterally change the terms of execution and shipment of the Order.
6.5. The Buyer accepts the Goods at the address specified by him when placing the Order, the Goods are delivered by the Seller to the specified address, and at his expense. Loading and unloading operations are considered an additional Service and are carried out at the expense of the Buyer by the Seller.
6.6. The Goods are delivered on working days from 8 am to 22 pm.
6.7. The date of transfer of the Goods is the date of acceptance of the Goods by the Buyer and signing of the consignment notes by the parties.
7.1. The parties shall be liable for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the procedure provided for by the current legislation of the Russian Federation and this Agreement.
7.2. For late payment of the Goods, the Buyer pays the Seller a penalty in the amount of 0.1 (One tenth) % of the overdue payment amount for each day of delay, but not more than 10 (Ten) % of the overdue payment amount.
7.3. For violation of the terms of delivery of the Goods, the Seller pays the Buyer a penalty in the amount of 0.1 (One tenth) % of the value of the Goods not delivered on time for each day of delay, but not more than 10 (Ten) % of the value of the Product.
7.4. Payment of the penalty does not release the parties from fulfilling their obligations under this Agreement.
7.5. If the Buyer refuses to accept the Order, the Seller has the right not to return to the Buyer the prepayment received for this Order.
7.6. In case of violation of the terms of receipt of the Goods, the Buyer pays the Seller a penalty of 0.1 (One tenth) % of the cost of the Goods for each day of delay during the first 3 (Three) days.
7.6.1. In case of further delay in receiving the Goods, the Buyer pays the Seller a penalty in the amount of 1 (One) % of the cost of the Goods for each day of delay, starting from the 4th (Fourth) day.7.6.2. If the Seller enters into a Contract for the Responsible Storage of Goods with the Buyer, clauses 7.6 and 7.6.1. of this Agreement are considered invalid.
7.7. The Seller is responsible for the quality of the Goods during the warranty period established by the current legislation of the Russian Federation.
7.8. Acceptance of the Goods in terms of quantity and quality is made when the parties sign the consignment notes.
7.9. The Seller is not responsible for defects resulting from violations of storage conditions, transportation, unskilled installation, etc. after acceptance of the Goods by the Buyer.
7.10. If hidden defects of the Goods are discovered after acceptance, the Buyer undertakes to immediately notify the Seller in writing (Claim).
7.11. If it is established that the Seller is responsible for the identified defects, he undertakes to make a simple repair of the Goods no later than 10 (Ten) working days from the date of receipt of the Buyer's claim.
7.12. If the defect due to the Seller's fault turns out to be difficult, the Seller undertakes to make the necessary repairs of the Goods or deliver a new one within 30 (Thirty) working days from the date of receipt of the Claim.
8.1. 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 this Agreement against the will and desire of the parties and which cannot be foreseen or prevented.
8.2. Upon the occurrence of the circumstances specified in clause 8.1. of this Agreement, each party must immediately notify the other party in writing about them. The notification must contain data on the nature of the circumstances, as well as official documents certifying the existence and duration of these circumstances.
8.3. If a party fails to send or untimely sends the notice provided for in clause 8.2. of this Agreement, it is obliged to compensate the other party for the losses it has incurred.
9.1. The terms of this Agreement and other information received by the parties in accordance with this Agreement are confidential and not subject to disclosure.
10.1. All disputes that may arise from or in connection with this Agreement shall be resolved through negotiations.
10.2.If it is impossible to resolve disputes through negotiations, they are resolved in the Arbitration Court of the Belgorod region.
11.1. This Agreement comes into force from the moment of its signing by the parties and is valid until its termination on the basis of clause 3 of this Agreement.
11.2. This Agreement may be terminated by agreement of the parties.
11.3. An Order form is attached to this Agreement and is an integral part of it.
11.4. All amendments and additions to this Agreement are valid only if they are made in writing and signed by authorized representatives of both parties.
11.5. In all other matters not provided for by this Agreement, the parties will be guided by the current legislation of the Russian Federation.
11.6. This Agreement is drawn up in two copies having equal legal force, one for each party.
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