Offer agreement | Mark Rodovsky

PUBLIC OFFER

AGREEMENT FOR SALE AND PURCHASE OF GOODS BY REMOTE METHOD/THROUGH ONLINE STORE

10 August, 2022
Moscow

1. General definitions and concepts:

1.1. The seller is Rodovsky Mark Igorevich, OGRNIP 18774600471439;
1.2. The public offer – the public proposal of the Seller addressed to an uncertain circle of people to sign with the Seller the contract of purchase and sale of goods in the remote way (further - "Agreement");
1.3. The Buyer – the natural person using software of viewing content on the Internet, accepting conditions of the present Contract and expressing desire to buy goods, data on which are posted on the website markrodovsky.com;
1.4. Goods – products of the Russian production, namely, the clothes, accessories offered to sale on the website markrodovsky.com;
1.5. Online Store - an Internet website located at markrodovsky.com address at which any Buyer can familiarize himself with the presented Goods, their description and prices, select a certain Product, payment method, form and send an Order to the Seller;
1.6. Offline store - Seller's store, located at Moscow, Ananievsky lane, 5, facility 4. The address and operating mode of the Offline store must be checked with the Seller in case of compliance with the requirements to prevent the spread of coronavirus infection using the available communication methods account.
Working Schedule: Mon-Fri: 03-00 a.m. – 09-00 p.m., Sat: 04-00– 09-00 p.m., Sun: closed.
Another mode of operation can be communicated to the Buyers by mass notification on the Seller's official page and/or the store's online social networks.
1.7. Order - the Buyer's request for purchase, payment and delivery of the Goods selected on the markrodovsky.com website sent to the Seller via the Internet. The Order processing period varies from 14 (Fourteen) days, but in any case, depends on the total number of Orders, does not have standardized formats and processing dates;
1.8. Delivery service - operator of the Russian state postal network Russian Post pochta.ru, www.cdek.ru;
1.9. Website - Seller's website on the Internet, located at markrodovsky.com;
1.10. Pre-order – is the Buyer's intention to buy/reserve any certain Goods with the subsequent payment in the terms specified in the present Agreement. If the Goods have a tag "Pre-order", it means that at present the Goods are unavailable, but it is available for ordering. Terms of sending Goods from category "Pre-order" are defined individually and reach data of the Buyer by means of sending the letter for the e-mail address specified by the Buyer and also by means of the mass notice on official pages of the Seller on social networks, delivery of such Goods is anyway carried out not earlier than 21 (Twenty) one days from the date of payment of Goods by the Buyer in time. At the same time the Buyer agrees that the Seller has the right to carry out delivery of Goods by means of the Russian state post network Russian Post pochta.ru, www.cdek.ru in earlier time. Return of the Pre-order is carried out by the general rules of return of Goods, namely after receiving Goods, by writing and sending to the Seller of the Application for return of Goods on condition of the obligatory prior notice of the Seller by writing of the message/notice of need of return, using available methods of communication, namely the address of the official page of Online store / Offline-store on social networks.

2. General Provisions

2.1. When ordering Goods on the website markrodovsky.com, the Buyer expresses the consent with the above terms of sale of Goods and accepts them.
2.2. These terms of sale of Goods and also information on Goods provided on the website markrodovsky.com are the public offer according to Article 435 and Paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
2.3. The seller has the right to make changes and additions to the present Agreement placed to the address markrodovsky.com, at the same time such changes come into force from the date of placement on the website of the Seller. The buyer assumes liabilities to monitor changes and additions made to the present Agreement. The most current version of the Agreement is the version posted on the website of the Seller.
2.4. By clicking the "Place Order" button when forming the Order on the website, the User confirms its consent to the terms of sale of the Goods set forth in this Agreement, and at the same time provides consent to the processing of personal data received at the time of the Order.
2.5. This Agreement shall be deemed concluded from the moment the Seller issues/sends to the Buyer a cash check confirming the full payment of the Goods, or from the moment the Seller receives a message about the Buyer's intention to purchase the Goods by clicking the "Place Order" button.

3. Objective

3.1. The Seller provides an opportunity for any individual to purchase the Goods presented on the website markrodovsky.com for personal, family or other needs not related to the performance of Business activities by the Buyer.
3.2. This Agreement applies to all types of Goods presented on the markrodovsky.com website, while such offers with a description are present in the site catalogue.

4. Ordering Procedure

4.1. Ordering in the Online Store is carried out by the Buyer independently. When placing an Order, the Buyer fills in the electronic form of the Product Order and sends the formed Order to the Seller through the website system.
4.2. When registering on the website of the Online Store, the Buyer undertakes to provide the following registration information:
4.2.1. First Name, Last Name and Middle Name of the Buyer or the person (recipient) specified by it;
4.2.2. the address to which the Goods should be delivered (if delivered to the Buyer's address);
4.2.3. email address;
4.2.4. contact phone number.
4.3. The name, quantity, assortment and price of the Goods selected by the Buyer shall be indicated in the Buyer's basket on the website of the Online Store.
4.4. The Seller shall not be responsible for the content and accuracy of the information provided by the Buyer when placing the Order.
4.5. The Buyer shall be responsible for the accuracy of the information provided when placing the Order.
4.6. Descriptions and characteristics of the Product in the online store contain basic and reliable information about the Product.
4.7. The Buyer may contact the Seller by sending a personal message to the account of the Seller's official pages and the online store on social networks for any questions concerning the Product properties and characteristics.
4.8. Photos of the Product presented on the markrodovsky.com website are taken in special lighting conditions using professional equipment, are simple illustrations and may differ from the actual appearance of the Product under other observation conditions.
4.9. The price of the Goods is indicated on the website markrodovsky.com next to the image of the Goods.
4.10. The Buyer can receive the Goods by pickup (the address of the Offline Store must be checked with the Seller using the available communication methods, namely the official pages of the Online Store/Offline Store on social networks.
4.11. Delivery of the Goods shall be carried out upon agreement between the Buyer and the Seller through the delivery service Russian Post pochta.ru, www.cdek.ru. The delivery time of the Goods to the Buyer shall be calculated individually, while the minimum delivery time of the Goods is 7 (Seven) days from the date of payment for such Goods, the exact delivery time of the Goods depends on the distance of the delivery point from the Seller and shall be monitored by the Buyer independently through the tracking systems of the Russian state postal network Russian Post pochta.ru, www.cdek.ru. At the same time, the Buyer agrees that the Seller has the right to deliver the Goods by delivering Russian Post to pochta.ru www.cdek.ru earlier.
4.12. Payment of the full delivery price shall be at the Buyer's expense.
4.13. The sale of the Goods is carried out by 100% (One hundred percent) prepayment of the cost of the Goods.
4.14. Payment shall be made by using the payment system on the website within thirty (30) minutes from the date of the Order or in the Seller's Offline Store by visiting the Offline Store within three (3) days from the date of the Order.
4.15. Upon placing the order, the Buyer shall be provided with the information by sending a letter to the e-mail address specified by the Buyer, then it is possible to connect the Notification Service on the Russian Post website pochta.ru. The delivery time of the Goods may be changed by the Seller, about which the Buyer is notified by sending a letter to the e-mail address specified by the Buyer, as well as by mass notification on the official page of the Online Store/Offline Store on social networks.
4.16. The Buyer receives notification of the order status by sending a letter to the e-mail address, then it is possible to connect the Notification Service on the Russian Post website pochta.ru.
4.17. The Goods can also be purchased by pre-order, the terms of shipment of the Goods purchased by pre-order are determined individually and communicated to the Buyer by mass notification on the official page of the Online Store/Offline Store on social networks.

5. Cost of Goods and Payment Methods

5.1. The price for the Goods presented on the markrodovsky.com website is indicated in rubles.
5.2. The price of the Goods on the markrodovsky.com website may be changed unilaterally by the Seller. At the same time, the price of the Goods ordered by the Buyer is not subject to change, except for the cases specified in clause 5.3.
5.3. The Seller has the right to provide discounts on the price of the Goods, according to the trading promotions valid in the online store at the time of the Order. If the Buyer provides false (erroneous) data when placing the Order, the Seller shall be entitled to recalculate the amount of the provided discount from the price of the Goods when issuing and paying for the Goods.
5.4. Payment for the Goods shall be made as follows:
5.4.1. When placing an Order on the website using the payment system, by bank card within thirty (30) minutes from the date of the Order.
5.5. Payment for delivery is carried out by the Buyer with a bank card when placing an Order on the website using the payment system.
5.6. If there is no payment for the Goods within the period specified in clause 5.4.1, the Order shall be cancelled automatically.
5.7. In case of refusal of the Buyer from the Goods, when the Buyer returns the amount of full payment made by the Buyer, bank and other fees paid by the Buyer in this regard are not compensated by the Seller.

6. Warranty, Order Cancellation, Goods and Prepayment Return

* Before writing a return application, contact the online store for advice on the methods and conditions of return using the available communication methods, namely sending a message to the official page of the online store/offline store on social networks.
6.1. The warranty period for the Goods is equal to 7 (Seven) days in accordance with paragraph 21 of the Decree of the Government of the Russian Federation dated 27.09.2007 No. 612 "On Approval of the Rules for the Sale of Goods by Remote Method") and is calculated from the moment of transfer of the Goods to the Buyer.
6.2. The warranty applies to production defects and does not apply to defects resulting from: mechanical damages (scratches, tears, abrasions, etc.); exposure to extreme temperatures, solvents, acids, water; misuse (operation, washing); natural wear. The return is carried out if the goods do not fit in size, style, size, shape, colour or configuration and if they are not included in the list of non-food products of proper quality that are not subject to return and exchange, approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55 with amendments of October 20, 1998 and February 6, 2002. Such goods include: perfumery and cosmetic goods, textile goods (cotton, linen, silk, woollen and synthetic fabrics, goods from nonwoven materials such as fabrics - ribbons, braids, lace and others); sewing and knitted products (sewing and knitted linen products, hosiery and sock products). A good quality product is a product that has retained its consumer properties and marketable appearance. It must have no traces of operation and use, and the original packaging must be preserved.
6.3. Order Cancellation Procedure:
6.3.1. In case of absence of full payment of the Order value within the terms specified in clauses 5.4.1 - 5.4.3, the Order shall be cancelled automatically.
6.3.2. To immediately cancel the Order (within 5 (Five) minutes after completion), the Buyer must contact the Seller by sending a personal message to the official page of the Online Store/Offline Store on social networks; in case of later cancellation, the Goods shall be returned in accordance with the general rules for returning the Goods.
6.3.3. In case of failure to receive full payment of the Order value, as well as in the case provided for in clause 6.3.2., the Sale and Purchase Agreement shall be deemed to be terminated automatically.
6.4. The funds deposited by the Buyer from the credit card shall be returned no earlier than thirty (30) business days from the date of the Buyer's refusal from the Order/termination of the Agreement to the personal account/credit card with which the payment of the Order was made.
6.5. If a production defect is detected, the Buyer undertakes to confirm this fact by conducting an examination, in case of positive confirmation, the return of the Goods is possible within the period specified in paragraph 6.1 of this Agreement.
6.6. The Seller reserves the opportunity to exchange/return the Goods in agreement with the Buyer without expert examination, provided that the Buyer applies within the period specified in clause 6.1 of the Agreement and if the consent of both Parties is reached.
6.7. Return of Goods
6.7.1. Make sure that the Item is refundable; the period for the return of the Goods has not yet passed, and the Goods themselves are Goods of proper quality and are not included in the list of non-food goods that are not subject to exchange and return, or goods of improper quality with defects that arose before the transfer of the Goods to you or for reasons that arose before that moment.
6.7.2. Fill in the return application, the template of which is presented on the Website. Send the signed return statement to the Seller using the available communication methods, namely the official page of the Online Store/Offline Store on social networks.
6.7.3. The Seller reserves the right to cancel the Order without explanation, subject to obligatory return of the Buyer's funds within the period agreed by the parties.

7. Responsibility

7.1. The Parties shall be liable for non-fulfilment or improper fulfilment of their obligations under the Contract in accordance with the current legislation of the Russian Federation.
7.2. The total liability of the Seller hereunder shall be limited to the amount of payment paid by the Buyer hereunder.
7.3. Without contradicting the above, the Seller shall be released from liability for violation of the terms of the Contract, if such violation is caused by force majeure circumstances including: actions of state authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, lack of electricity and/or malfunctions of the computer network, strikes, civil unrest, riots, any other circumstances, not limited to the above, which may affect the Seller's performance of the Agreement.

8. Miscellaneous

8.1. The Buyer undertakes to give its consent to the processing of personal data by confirming the Regulation on the Privacy Policy of Personal Data posted on the website.
8.2. The markrodovsky.com website and the services provided may be temporarily partially or completely unavailable due to preventive or other work or for any other technical reasons.
8.3. In case of any questions or complaints from the Buyer, the Buyer may contact the Seller by sending a personal message to the official page of the Online Store/Offline Store on social networks. The parties will try to resolve all arising disputes through negotiations, if an agreement is not reached, the corresponding dispute must be resolved in court.