PUBLIC OFFER
for the conclusion of a sales contract
1. General Provisions
This Public offer contains the terms and conditions of conclusion of the Sale and Purchase Agreement (hereinafter referred to as “Sale and Purchase Agreement” and/or “Agreement”). This Offer is an offer addressed to one or more specific persons, which is sufficiently definite and expresses the intention of the person who made the offer to consider himself to conclude the Contract with the addressee who will accept the offer.
Performance of the actions specified in this Offer is a confirmation of the consent of both Parties to conclude a Purchase and Sale Agreement on the terms, in the manner and to the extent set forth in this Offer.
The following text of the Public Offer is an official public offer of the Seller addressed to the interested circle of persons to conclude the Sale and Purchase Agreement in accordance with the provisions of paragraph 2 of Article 437, paragraph 2 of the Civil Code of the Russian Federation.
The Sale and Purchase Agreement shall be deemed concluded and shall become effective from the moment of performance by the Parties of the actions stipulated in this Offer and signifying unconditional as well as full acceptance of all conditions of this Offer without any exceptions or limitations on the terms of accession.
Terms and Definitions:
Agreement means the text of this Offer with the Appendices forming an integral part of this Offer, accepted by the Buyer by performing the conclusory actions provided for in this Offer.
Conclusory actions are behaviors that express consent to the counterparty's offer to conclude, modify or terminate the contract. Actions consist in full or partial fulfillment of the conditions offered by the counterparty.
The Seller's website in the Internet is a set of programs for electronic computers and other information contained in the information system, access to which is provided through the Internet by the domain name and network address: ____COPY00_.
Parties to the Agreement (Parties) - the Seller and the Buyer.
Goods - the goods under the sale and purchase agreement may be any things subject to the rules stipulated by Article 129 of the Civil Code of the Russian Federation.
2. Subject of the Contract
2.1 Under this Agreement the Seller undertakes to transfer the thing (Goods) into the ownership of the Buyer, and the Buyer undertakes to accept the Goods and pay a certain sum of money for them.
2.2 The name, quantity, as well as assortment of the Goods, their cost, delivery procedure and other conditions shall be determined on the basis of the Seller's information when making an application by the Buyer, or shall be set on the Seller's website https://gods.guru/______.
2.3 Acceptance of this Offer shall be expressed in the performance of conclusory actions, in particular:
- actions related to the registration of an account on the Seller's Website on the Internet, if there is a need to register an account;
- by compiling and filling out an application for placing an order for the Goods;
- by communicating the information required for the conclusion of the Contract by phone, e-mail, indicated on the Seller's website, including the Seller's return call 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.
3. Rights and obligations of the Parties
3.1 The Seller's rights and obligations:
3.1.1 The Seller shall have the right to demand payment for the Goods and their delivery in the manner and on the terms and conditions stipulated in the Contract;
3.1.2. Refuse to conclude the Contract on the basis of this Offer to the Buyer in case of its bad faith behavior, in particular, in case of:
- more than 2 (Two) rejections of Goods of proper quality within a year;
- provision of knowingly unreliable personal information;
- return of Goods damaged or used by the Buyer;
- other cases of bad faith behavior indicating that the Buyer concluded the Contract with the purpose of abusing his rights and the absence of the usual economic purpose of the Contract - purchase of Goods.
3.1.3 The Seller undertakes to transfer to the Buyer the Goods of proper quality and in proper packaging;
3.1.4. transfer the Goods free from the rights of third parties;
3.1.5. Organize delivery of the Goods to the Buyer;
3.1.6. Provide the Buyer with all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
3.2 The Buyer's rights and obligations:
3.2.1 The Buyer has the right to demand transfer of the Goods in the order and on the terms and conditions stipulated in the Agreement.
3.2.2 Demand to provide all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
3.2.3. Refuse the Goods on the grounds stipulated by the Agreement and the current legislation of the Russian Federation.
3.2.4 The Buyer undertakes to provide the Seller with reliable information necessary for the proper fulfillment of the Contract;
3.2.5 Accept and pay for the Goods in accordance with the terms and conditions of the Contract;
3.2.6. The Buyer guarantees that all the terms and conditions of the Contract are clear to him; the Buyer accepts the terms and conditions without reservations and in full.
4.Price and payment procedure
4.1 The price and the procedure of payment for the Goods shall be determined on the basis of the Seller's information when the Buyer makes an application, or shall be set on the Seller's website: https://gods.guru/____.
4.2 All settlements under the Contract shall be made in cashless order.
5. Exchange and return of Goods
5.1 The Buyer has the right to return (exchange) to the Seller the Goods purchased remotely, except for the list of goods that are not subject to exchange and return according to the current legislation of the Russian Federation. Conditions, terms and procedure for returning Goods of proper and improper quality are established in accordance with the requirements of the Civil Code of the Russian Federation, the Law of the Russian Federation dated 07.02.1992 N 2300-1 “On Protection of Consumer Rights”; Rules approved by the Resolution of the Government of the Russian Federation dated 31.12.2020 N 2463.
5.2 The Buyer's claim for exchange or return of the Goods shall be satisfied if the Goods have not been used, their consumer properties have been preserved and there is evidence of their purchase from the Seller.
6. Confidentiality and security
6.1 When implementing this Agreement, the Parties shall ensure confidentiality and security of personal data in accordance with the current version of the Federal Law dated 27.07.2006 No. 152-FZ “On Personal Data” and the Federal Law dated 27.07.2006 No. 149-FZ “On Information, Information Technologies and Information Protection”.
6.2 The Parties undertake to keep confidentiality of the information received in the course of execution of this Agreement and to take all possible measures to protect the received information from disclosure.
6.3 Confidential information means any information transferred by the Seller and the Buyer in the course of realization of the Contract and subject to protection, exceptions are specified below.
6.4 Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, charts, graphs, specifications and other documents provided by the Seller, both on paper and electronic media.
7. Force Majeure
7.1 The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations under the Contract, if the proper fulfillment was impossible due to force majeure, i.e. extraordinary and unavoidable under the given conditions circumstances, which are understood as: prohibited actions of the authorities, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.
7.2 In case of occurrence of such circumstances, the Party shall notify the other Party thereof within 30 (Thirty) business days.
7.3 The document issued by the authorized state body shall be sufficient evidence of the existence and duration of force majeure.
7.4. If the force majeure continues for more than 60 (Sixty) business days, each Party shall have the right to unilaterally cancel this Agreement.
8. Responsibility of the Parties
8.1. In case of non-fulfillment 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 failed to fulfill or improperly fulfilled its obligations under the Contract shall be obliged to compensate the other Party for the losses caused by such violations.
9. Term of validity of this Offer
9.1 The Offer comes into effect from the moment of posting on the Seller's Website and is valid until its withdrawal by the Seller.
9.2 The Seller reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its sole discretion. Information about changes or withdrawal of the Offer shall be communicated to the Buyer at the Seller's option by posting on the Seller's website in the Internet, in the Buyer's Personal Office, or by sending a notice to the e-mail or postal address specified by the Buyer when concluding the Contract or in the course of its execution.
9.3 The Contract shall come into force from the moment of Acceptance of the terms of this Offer by the Buyer and shall remain in force until the Parties fulfill their obligations under the Contract in full.
9.4 Changes made by the Seller to the Contract and published on the website in the form of an updated Offer shall be deemed to be accepted by the Buyer in full.
10. Additional terms and conditions
10.1 The Contract, its conclusion and performance shall be governed by the current legislation of the Russian Federation. All issues not settled by this Offer or not fully settled shall be regulated in accordance with the substantive law of the Russian Federation.
10.2 In case of any dispute that may arise between the Parties in the course of fulfillment of their obligations under the Contract concluded on the terms of this Offer, the Parties shall settle the dispute amicably before the court proceedings.
Judicial proceedings shall be 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 settlement procedure is mandatory.
10.3 The Parties have determined the Russian language as the language of the Contract concluded under the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, provision of requirements / notices / clarifications, provision of documents, etc.).
10.4 All documents to be provided in accordance with the terms of this Offer shall be drawn up in Russian or have a duly certified translation into Russian.
10.5 Inaction of one of the Parties in case of 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 the waiver of its rights in case one of the Parties commits similar or similar violations in the future.
10.6 If the Seller's Website contains links to other websites and materials of third parties, such links are placed for information purposes only, and the Seller has no control over the content of such websites or materials. The Seller shall not be liable for any loss or damage that may arise from the use of such links.
11. Seller's details
Full name: Anar Abasovich Aliyev
12/1 Khoroshevskoye Highway, Apt. 613, Moscow
TIN: 773126379001
OGRN/OGRNIP: 311774603801191
Contact phone number: +7 929 506-06-63
Contact e-mail: hilton-man@mail.ru
