Договор-оферта
St. Petersburg
CREATIVE WORKSHOP BAYASHKHALANOV LLC, represented by the online store www.zhigzhit.com (hereinafter referred to as the SELLER), publishes this agreement, which is a public offer agreement addressed to both individuals and legal entities (hereinafter referred to as the BUYER) on the following:
1. The subject of the contract-offer.
1.1. The SELLER undertakes to transfer the ownership to the BUYER, and the BUYER undertakes to pay for and accept the goods ordered in the www.zhigzhit.com online store (hereinafter referred to as the GOODS).
2. The moment of conclusion of the contract.
2.1. The text of this Agreement is a public offer (in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation).
2.2. The fact of placing an ORDER of GOODS from the SELLER, both independently and through the operator, is the unconditional acceptance of this Agreement, and the BUYER is considered as a person who has entered into a contractual relationship with OOO CREATIVE WORKSHOP BAYASHKHALANOV.
2.3. Registration of the GOODS ORDER and calculation is carried out by ordering by the BUYER in the online store www.zhigzhit.com.
3. Price of the GOODS.
3.1. Prices in the online store are indicated in the currency of the buyer's country per unit of GOODS.
3.2. Tariffs for the provision of services for the delivery, unloading, lifting and assembly of GOODS are indicated in the online store for each GOODS, depending on its characteristics.
3.3. The total amount of the ORDER, which in some cases (at the request of the buyer) may include paid delivery and assembly of the GOODS, is specified with the manager at the indicated phones.
4. Payment for the GOODS.
4.1. In case of cash payment, the BUYER is obliged to pay the SELLER the price of the GOODS at the time of its transfer, and the SELLER is obliged to provide the BUYER with a cash or sales receipt, or other document confirming payment for the GOODS.
4.2. In the case of a non-cash form of payment, the BUYER's obligation to pay the price of the GOODS is considered fulfilled from the moment the money is debited in the amount of 100% (one hundred percent) of the prepayment from the BUYER's current account in a bank, a credit institution that provides payment services to the population in accordance with the current legislation of the Russian Federation, including including using electronic money.
4.3. With a non-cash form of payment, the delay in payment by the BUYER of the price of the GOODS for a period of more than 5 (five) days is a material violation of this agreement. In this case, the SELLER has the right to unilaterally refuse to execute this agreement by notifying the BUYER.
4.4. GOODS are delivered to the BUYER at prices, names, in quantity corresponding to the invoice paid by the BUYER.
5. Delivery of the GOODS
5.1. Delivery of the GOODS to the BUYER is carried out at the address and within the time agreed by the BUYER and the SELLER's manager when placing the ORDER, or the BUYER independently picks up the goods from the SELLER's warehouse at the address specified in clause 13 (Store details) of this AGREEMENT.
5.2. The exact cost of delivery of the GOODS is determined by the SELLER's manager when placing an order and cannot be changed after agreement by the BUYER.
5.3. The BUYER's failure to appear or other necessary actions to accept the GOODS may be considered by the SELLER as the BUYER's refusal to execute the CONTRACT.
6. Guarantees for GOODS
6.1. All products sold in the online store www.zhigzhit.com have all the necessary quality certificates and sanitary and hygienic conclusions.
6.2. The warranty period for the GOODS is established by the manufacturer. The warranty period is indicated in the warranty card.
7. Rights and obligations of the parties
7.1. The SELLER undertakes:
7.1.1. Prior to the conclusion of the contract, provide the BUYER with information about the main consumer properties of the GOODS, about the address (location) of the SELLER, about the place of manufacture of the GOODS, about the full company name (name) of the SELLER, about the price and conditions for purchasing the goods, about its delivery, service life, period validity and warranty period, on the procedure for paying for the goods, as well as on the period during which the offer to conclude the Agreement is valid.
7.1.2. Do not disclose any private information of the BUYER and do not provide access to this information to third parties, except as provided by Russian law.
7.1.3. Provide the BUYER with the opportunity to receive free telephone consultations by calling the numbers indicated on the store's website (www.zhigzhit.com). The scope of consultations is limited to specific issues related to the fulfillment of the ORDER.
7.1.4. The SELLER reserves the right to change this AGREEMENT unilaterally until the moment of its conclusion.
7.1.5. Preliminarily deliver to the Consumer at the time of delivery of the goods in the protocol information about the goods, provided with Article 10 of the Federal Law "On Consumer Rights", as well as provided for by Clause 10 of this Agreement on the procedure and terms for returning the goods.
7.2. The BUYER undertakes:
7.2.1. Before the conclusion of the AGREEMENT, familiarize yourself with the content of the offer agreement, the terms of payment and delivery on the store's website (www.zhigzhit.com).
7.2.2. Provide reliable information about yourself (full name, contact numbers, e-mail address) and details for the delivery of the GOODS.
7.2.3. Accept and pay for the GOODS within the terms specified in this AGREEMENT.
8. Liability of the Parties and Dispute Resolution.
8.1. The Parties shall be liable for non-performance or improper performance of this AGREEMENT in the manner prescribed by this AGREEMENT and the current legislation of the Russian Federation.
8.2. The Seller is not responsible for the delivery of the ORDER if the BUYER specified an incorrect delivery address.
8.3. The SELLER is not responsible if the BUYER's expectations about the consumer properties of the GOODS were not justified.
8.4. The SELLER is not responsible for partial or complete failure to fulfill obligations for the delivery of the GOODS, if they are the result of force majeure circumstances.
8.5. The BUYER, when placing an ORDER, is responsible for the accuracy of the information provided about himself, and also confirms that he has read and agrees with the terms of this AGREEMENT.
8.6. All disputes and disagreements arising from the fulfillment by the PARTIES of obligations under this Agreement shall be resolved through negotiations. If it is impossible to eliminate them, the PARTIES have the right to apply for judicial protection of their interests.
9. Return and exchange of goods.
9.1. The BUYER's demand for an exchange or return of the GOODS shall be satisfied if the GOODS were not in use, its consumer properties are preserved, the packaging is preserved and not broken, documents confirming the purchase of this GOODS in the www.zhigzhit.com online store are saved.
9.2. The term for such a claim is 7 (seven) days from the date of transfer of the GOODS to the BUYER, or at any time before the transfer of the GOODS to the BUYER.
9.3. The BUYER compensates the SELLER for the necessary transportation costs incurred in connection with the organization of the exchange or return of the GOODS.
10. Force Majeure
10.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement for the duration of the force majeure. Force majeure means extraordinary and insuperable under the given conditions circumstances that prevent the PARTIES from fulfilling their obligations under this Agreement.
These include natural phenomena (earthquakes, floods, etc.), circumstances of public life (military actions, states of emergency, major strikes, epidemics, etc.), prohibitive measures of state bodies (prohibition of transportation, currency restrictions, international sanctions trade ban, etc.). During this time, the PARTIES do not have mutual claims, and each of the PARTIES assumes its own risk of the consequences of force majeure.
11. Duration of the contract
11.1. This AGREEMENT comes into force from the moment of contacting LLC "CREATIVE WORKSHOP BAYASHKHALANOV" and placing an ORDER, and ends with the full fulfillment of obligations by the PARTIES.
12. Personal data
12.1. The SELLER collects and processes the personal data of the BUYERS (namely: last name, first name, patronymic of the BUYER; delivery address; contact phone number) in order to:
• fulfillment of the terms of this Agreement;
• delivery to the Buyer of the ordered Goods.
12.2. By ORDERING GOODS in the online store www.zhigzhit.com, the BUYER agrees to the collection and processing of personal data about himself in order to deliver the ordered GOODS and fulfill the terms of this AGREEMENT.
12.3. When collecting and processing the personal data of BUYERS, the SELLER does not pursue other goals, except for those specified in clause 12.1 of this AGREEMENT.
12.4. Only persons directly related to the execution of ORDERS have access to the personal data of BUYERS.
13. Details of the online store
LLC "CREATIVE WORKSHOP BAYASHALANOV"
Legal address: 190020 St. Petersburg, Obvodny Canal Embankment, 134-136-138, letter BR, room 10-N, office 501
Actual address: 190020 St. Petersburg, Obvodny Canal Embankment, 134-136-138, letter BR, room 10-N, office 501
TIN: 7839066171 Checkpoint: 783901001
PSRN: 1167847244290
OKPO: 02844340
Account: 40702810030060008364 at the Centralny Branch of VTB Bank (PJSC) Moscow
BIC 044525411,
c/c 30101810145250000411