PUBLIC OFFER
on concluding a contract for the supply of goods
1. General Provisions
This Public Offer contains the conditions for concluding an Agreement for the supply of goods (hereinafter referred to as the “Agreement for the supply of goods” and/or the “Agreement”).
This offer is recognized as an offer addressed to one or more specific persons, which is sufficiently specific and expresses the intention of the person who made the offer to consider himself to have entered into an Agreement with the addressee who will accept the offer.
Completion of the actions specified in this Offer is confirmation of the consent of both Parties to enter into an Agreement for the supply of goods on the terms, in the manner and to the extent set forth in this Offer.
The following text of the Public Offer is the official public offer of the Supplier, addressed to the interested circle of persons to conclude an Agreement for the supply of goods in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The contract for the supply of goods is considered concluded and comes into force from the moment the Parties perform the actions provided for in this Offer, which means the unconditional as well as full acceptance of all the terms of this Offer without any exceptions or restrictions on the terms of accession.
Terms and Definitions:
Agreement – the text of this Offer with the Appendices, which are an integral part of this Offer, accepted by the Buyer by performing the implied actions provided for by this Offer.
Implicit actions are behavior that expresses agreement with the counterparty’s proposal to conclude, change or terminate a contract. Actions consist of full or partial fulfillment of the conditions proposed by the counterparty.
The Supplier's website on the Internet is a set of programs for electronic computers and other information contained in the information system, access to which is provided via the Internet at the domain name and network address: http://33sky.space/
Parties to the Agreement (Parties) – Supplier and Buyer.
Goods - goods can be any things in compliance with the rules provided for in Article 129 of the Civil Code of the Russian Federation.
2. Subject of the Agreement
2.1. Under this Agreement, the Supplier undertakes to supply the Buyer with goods produced or purchased by it (hereinafter referred to as the Products) in quantity, assortment, on time and on the conditions specified in the Buyer’s application, in accordance with the data provided by the Supplier regarding the Goods, or established on the Supplier’s website on the Internet “Internet” http://33sky.space/, and the Buyer undertakes to accept and pay for the Goods.
2.2. Acceptance of this Offer is expressed in the performance of implied actions, in particular:
• actions related to registering an account on the Supplier's Website on the Internet if there is a need to register an account;
• by drawing up and filling out an application for placing an order for the Product;
• by providing the information required for concluding the Agreement by telephone or email indicated on the Supplier’s website on the Internet, including when the Supplier calls back at the Buyer’s request;
• payment for the Goods by the Buyer.
This list is not exhaustive; there may be other actions that clearly express the person’s intention to accept the counterparty’s offer.
2.3. The quality of the Product must comply with the requirements of the Legislation of the Russian Federation.
2.4. The Supplier guarantees that the Goods are not in dispute or under arrest, are not subject to pledge, are not encumbered by other rights of third parties and do not violate the rights of third parties.
3. Rights and obligations of the Parties
3.1. The supplier is obliged:
3.1.1. Deliver the Goods in a timely manner;
3.1.2. The Supplier is obliged to transfer the Goods to the Buyer in the containers and packaging provided for goods of this type, and also transfer the Goods free from the rights of third parties.
3.1.3. Arrange delivery of Goods to the Buyer;
3.1.4. Provide the Buyer with all the necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
3.1.5. The Supplier has the right to demand payment for the Goods and their delivery in the manner and on the terms provided for in the Agreement;
3.1.6. Refuse to conclude an Agreement on the basis of this Offer to the Buyer in the event of his dishonest behavior, in particular in the case of:
• more than 2 (Two) refusals of Goods of proper quality during the year;
• provision of knowingly false personal information;
• return of the Goods damaged or used by the Buyer;
• other cases of dishonest behavior indicating that the Buyer has concluded the Agreement for the purpose of abuse of rights, and the absence of the usual economic purpose of the Agreement - the acquisition of the Goods.
3.2. The buyer is obliged:
3.2.1. Pay and accept the Goods;
3.2.2. Ensure timely acceptance of the Goods from the Supplier.
3.2.3. The Buyer has the right to demand the transfer of the Goods in the manner and under the conditions provided for in the Agreement.
3.2.4. Require the provision of all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
3.2.5. Refuse the Goods on the grounds provided for in the Agreement and the current legislation of the Russian Federation.
3.2.6. The Buyer undertakes to provide the Supplier with reliable information necessary for the proper execution of the Agreement;
3.2.7. Accept and pay for the Goods in accordance with the terms of the Agreement;
3.2.8. The Buyer guarantees that all terms of the Agreement are clear to him; The buyer accepts the terms without reservation and in full.
4. Price and payment procedure
4.1. The cost, as well as the payment procedure for the Goods, is determined on the basis of the Supplier’s information when the Buyer fills out an application, or according to the information installed on the Supplier’s website on the Internet: http://33sky.space/
4.2. All payments under the Agreement are made by bank transfer.
5. Quality and return (replacement) of the Product
5.1 The Buyer, to whom the Goods were delivered of inadequate quality, on the basis of a claim has the right to present to the Supplier the requirements provided for in Article 475 of the Civil Code of the Russian Federation, except in cases where the Supplier, having received the Buyer’s notification about the shortcomings of the delivered Goods, will immediately replace the delivered Goods with goods of proper quality.
5.2 The buyer who sells the goods supplied to him at retail has the right to demand replacement within a reasonable time of the Goods of inadequate quality returned by the consumer, unless otherwise provided by the delivery contract.
6. Privacy and security
6.1. When implementing this Agreement, the Parties ensure the confidentiality and security of personal data in accordance with the current edition of the Federal Law dated July 27, 2006 No. 152-FZ “On Personal Data” and Federal Law dated July 27, 2006 No. 149-FZ “On Information, Information Technologies” and on the protection of information."
6.2. The parties undertake to maintain the confidentiality of information received during the execution of this Agreement and to take all possible measures to protect the information received from disclosure.
6.3. Confidential information means any information transmitted by the Supplier and the Buyer in the process of implementing the Agreement and subject to protection, exceptions are indicated below.
6.4. Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, diagrams, graphs, specifications and other documents provided by the Supplier, drawn up both on paper and electronic media.
7. Force majeure
7.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement if proper fulfillment turned out to be impossible due to force majeure, that is, extraordinary and unpreventable circumstances under the given conditions, which mean: prohibited actions of the authorities, epidemics, blockades, embargoes, earthquakes, floods, fires or other natural disasters.
7.2. If these circumstances occur, the Party is obliged to notify the other Party about this within 30 (Thirty) business days.
7.3. A document issued by an authorized government body is sufficient confirmation of the presence and duration of force majeure.
7.4. If force majeure circumstances continue to apply for more than 60 (Sixty) business days, then each Party has the right to unilaterally terminate this Agreement.
8. Responsibility of the Parties
8.1. In case of failure to fulfill and/or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the terms of this Offer.
8.2. The Party that fails to fulfill or improperly fulfills its obligations under the Agreement is obliged to compensate the other Party for losses caused by such violations.
9. Validity period of this Offer
9.1. The Offer comes into force from the moment it is posted on the Supplier’s Website and is valid until it is withdrawn by the Supplier.
9.2. The Supplier reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its discretion. Information about changes or withdrawal of the Offer is communicated to the Buyer, at the choice of the Supplier, by posting it on the Supplier’s website on the Internet, in the Buyer’s Personal Account, or by sending a corresponding notification to the email or postal address specified by the Buyer when concluding the Agreement or during its execution.
9.3. The Agreement comes into force from the moment the Buyer accepts the terms of the Offer and is valid until the Parties fully fulfill their obligations under the Agreement.
9.4. Changes made by the Supplier to the Agreement and published on the website in the form of an updated Offer are considered accepted by the Buyer in full.
10. Additional terms
10.1. The agreement, its conclusion and execution are governed by the current legislation of the Russian Federation. All issues not regulated by this Offer or not fully regulated are regulated in accordance with the substantive law of the Russian Federation.
10.2. In the event of a dispute that may arise between the Parties in the course of fulfilling their obligations under the Agreement concluded on the terms of this Offer, the Parties are obliged to resolve the dispute peacefully before the start of legal proceedings.
The trial is carried out in accordance with the legislation of the Russian Federation.
Disputes or disagreements on which the Parties have not reached an agreement shall be resolved in accordance with the legislation of the Russian Federation. Pre-trial dispute resolution is mandatory.
10.3. The Parties have defined the Russian language as the language of the Agreement concluded under the terms of this Offer, as well as the language used in any interaction of the Parties (including correspondence, provision of requirements / notifications / clarifications, provision of documents, etc.).
10.4. All documents to be provided in accordance with the terms of this Offer must be drawn up in Russian or have a translation into Russian certified in the prescribed manner.
10.5. The inaction of one of the Parties in the event of a violation of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, and also does not mean a waiver of its rights if one of the Parties commits similar or similar violations in the future.
10.6. If the Supplier's Internet Site contains links to other websites and materials of third parties, such links are provided for informational purposes only, and the Supplier has no control over the content of such sites or materials. The Provider is not responsible for any loss or damage that may arise from the use of such links.
11. Supplier information
ИП Kozlova Kristina Olegovna
ИНН: 620101499642
ОГРН/ОГРНИП:324620000021623
Contact phone: +7 901 187-47-83
Contact e-mail: info.33sky@yahoo.com