E-Shop Offer Agreement
IE «Stepnov A.N.», in the person of the LIVE-SINUS.COM E-Shop (hereinafter referred to as the SELLER), has published this Agreement, which is a public offer-agreement addressed to physical as well as to legal persons (hereinafter referred to as the PURCHASERS) to the effect that:
Clause 1. Subject of Offer-Agreement.
1.1. The SELLER will transfer into the PURCHASER’s ownership, while the PURCHASER will pay for and receive the products (hereinafter referred to as the PRODUCT) ordered in the LIVE-SINUS.COM E-Shop.
Clausee 2. Moment of Agreement Conclusion.
2.1. The text of this Agreement is a public offer (under Clause 435 and Part 2 of Clause 437 of the RF Civil Code).
2.2. The fact of making up an ORDER for PRODUCT at the SELLER’S on one’s initiative, likewise via an operator is an unconditional acceptance of this Agreement, and the PURCHASER is viewed as a person, who has entered into contractual relations with IE «Stepnov A.N.».
2.3. An ORDER for PRODUCT is drawn up and calculated by way of the PURCHASER’S making an order in the LIVE-SINUS.COM E-shop.
Cause 3. –PRODUCT Specifications.
3.1. Owing to the diversity of monitors technical data the PRODUCT color may differ from the one displayed on the website.
3.2. PRODUCT specifications and exterior appearance may differ from those of the website.
Clause 4. PRODUCT Price.
4.1. The E-Shop prices are stated in the currency of the PURCHASER’s country for PRODUCT per piece.
4.2. The rates for service to deliver, unload, lift up and assemble the PRODUCT are stated in the E-Shop for each particular PRODUCT depending on its Specifications.
4.3. The ORDER total sum, which in some cases (at Purchaser’s request) may include the payment for PRODUCT delivery and assembly, is stated in the Item «Basket», line «Total».
Clause 5 Payment for RODUCT.
5.1. In case of payment in cash the PURCHASER is obliged to pay to the SELLER the PRODUCT price at the moment of its transfer, while the SELLER is obliged to pass to the PURCHASER either the cashier’s check or sales receipt in confirmation of payment for the PRODUCT.
5.2. In case of non-cash payment the PURCHASER’s obligation to pay the PRODUCT price is considered fulfilled from the moment of remittance of the respective cash resources in the amount of 100% (one hundred per cent) pre-payment to the SELLER’s clearing account according to the requisites mentioned in Item 13 (E-Shop Requisites) of this AGREEMENT.
5.3. In case of non-cash payment the PURCHASE’s default in payment of the PRODUCT price for a period of over 5 (five) days will be regarded as a material breach of this AGREEMENT. In such a case the SELLER will be in the right to unilaterally refuse to fulfill this AGREEMENT after notifying the PURCHASER to this effect.
5.4. The PRODUCTS are delivered to the PURCHASER according to the prices, item name, in the amount corresponding to the account paid by the PURCHASER.
Clause 6. PRODUCT Delivery.
6.1. The PRODUCT is delivered to the PURCHASER at his address, within a period of time as agreed by the PURCHASER and the SELLER’s Manager, when drawing up the ORDER or the PURCHASER on his own initiative will takes the ordered product from the SELLER’s warehouse at the address as mentioned in Item 13 (E-Shop Requisites) of this AGREEMENT.
6.2. The accurate cost of PRODUCT delivery is specified by the SELLER’S Manager when drawing up the order and shall not be subject to change after agreeing it with the PURCHASER.
6.3. The PURCHASER’s failure to appear or his failure to carry out any other actions required for PRODUCT acceptance may be viewed by the SELLER as the PURCHASER’s refusal to fulfill the AGREEMENT.
Clause 7.Product Warranty.
7.1. The PRODUCT warranty life is specified by the Manufacturer. The warranty period is mentioned in the warranty certificate.
Clause 8. Parties’ Legal Rights and Obligations.
8.1. The SELLER shall
8.1.1. abstain from disclosure of any private PURCHASER’s information and deny an access to this information to third persons, except for the cases, as provided for under the Russian legislation.
8.1.2. offer the PURCHASER a chance to receive free-of-charge telephone consultations by using the phones listed on the website of the LIVE-SINUS.COM.E-Shop. The scope of such consultations will be confined to particular issues, relevant to ORDER fulfillment.
8.1.3. The SELLER will reserve the right to amend this AGREEMENT unilaterally prior to the moment of its conclusion.
8.2. The PURCHASER shall
8.2.1. prior to the conclusion of this AGREEMENT acquaint himself with the contents of Offer-Agreement, payment and delivery terms by using to this end the LIVE-SINUS.COM E-shop website.
8.2.2. furnish authentic information about himself (surname, name, patronymic, contact telephone number, e-mail address), PRODUCT delivery data.
8.2.3. receive the PRODUCT and pay for it within the period of time as mentioned in this AGREEMENT.
Clause 9. Parties Liability and Disputes Settlement .
9.1. The Parties shall be liable for the failure to fulfill or for improper fulfillment of this AGREEMENT in the procedure as provided for by this AGREEMENT and currently effective legislation of the Russian Federation.
9.2. The Seller shall not be liable for ORDER delivery, in case the PURCHASER states the wrong delivery address.
9.3. The SELLER shall not be liable, in case the PRDUCT consumer properties have not lived up to the PURCHASER’s expectations.
9.4. The SELLER shall not be liable either for partial or complete failure to perform his obligations in respect of PRODUCT delivery, in case this occurs in consequence of force- majeure circumstances. .
9.5. While making up the ORDER, the PURCHASER shall be liable for reliability of the data about himself that he provided, and he shall also confirm that he is aware of the terms of this AGREEMENT and gives his consent.
9.6. All disputes and disagreements arising in the course of the PARTIES fulfillment of obligations under this AGREEMENT, will be settled via negotiations. In the event of failure to settle those disagreements, the PARTIES will have the right to take legal action to protect their interests.
Clause10. Product Return and Replacement.
10.1. The PURCHASER’s demand either to replace or return the PRODUCT is subject to satisfaction, provided the product has not been in use, its consumer properties remain unchanged, its packing is intact and bears no marks of damage, while the documents confirming this PRODUCT sale by the LIVE-SINUS.COM. E-Shop are available and in good order.
10.2. The period of time for such a demand amounts to 14 (fourteen) days from the moment of PRODUCT transfer to the PURCHASER.
10.3. The PURCHASER shall repay to the SELLER the respective carriage expenses incurred in connection with PRODUCT return or replacement.
Clause 11. Force- Majeure Circumstances.
11.1. The PARTIES shall not be held responsible for the failure to fulfill or for improper fulfillment of obligations under the Agreement for the duration of force-majeure.
The force-majeure implies the emergency and insurmountable. under the existent conditions, circumstances, impeding the PARTIES’ fulfillment of their obligations under this Agreement. These circumstances include: natural disasters (earthquakes, inundations, etc.), social life events (military action, emergency situations, large-scale strikes, epidemics, etc.), prohibitive measures of state authorities (traffic embargo, currency restrictions, international trade-prohibiting sanctions, etc.). For the duration of this period of time the PARTIES will have no reciprocal claims to make and each PARTY will assume its risk and face the after-effects of force-majeure circumstances.
Clause 12. Agreement Effective Period.
12.1. This AGREEMENT will come into force from the moment of turning to IE «Stepnov A.N.» and making up the ORDER, itwill terminate after complete fulfillment of the obligations by the PARTIES involved.
Clause 13. E-Shop Requisites.
Individual Entrepreneur Stepnov Alexander Nikolaevich ITPN 773700254948ОГРНИП 318623400005170 from Feb 5, 2018 г.Р/с 40802810170010068043 MOSCOW BRANCH OFFICE OF JSC, CB «MODULBANK» К/с 30101810645250000092БИК 044525092