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Public offer agreement 
of the  Electrotechnics - Service - Automation
online shop:

 

Individual entrepreneur Vadim V. Pervunin is represented by the online shop "Electrotechnics - Service - Automation” (www.esa-shop.ru) (hereinafter referred to as SELLER), publishes this agreement, which is a public offer agreement to both individuals and legals entities (hereinafter“ BUYER ”) as follows:

1. Subject of the public offer agreement (hereinafter referred to as AGREEMENT).

1.1. The SELLER undertakes to transfer the goods to the BUYER, and the BUYER undertakes to pay and accept the goods ordered from the Internet store "Electrotechnics - Service - Automation” (www.esa-shop.ru) (hereinafter referred to as GOODS)

2. The moment of the accepting of the AGREEMENT.

2.1. The text of this Agreement is a public offer. 

2.2. The fact of placing the 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 instaped with individual enterpreneur Vadim V. Pervunin in a contractual relationship.

2.3. The placing of the ORDER of the GOODS and the calculation is carried out by ordering of goods by the BUYER in the online shop "Electrotechnics - Service - Automation” (www.esa-shop.ru).

 

3. GOODS Specifications.

3.1. Interaction with different technical characteristics of monitors the color of the GOODS may differ from that presented on the website.

3.2. Characteristics and appearance of the GOODS may differ from those described on the site..

 

4. The price of the GOODS.

4.1. Prices in the online shop are in the currency of the seller’s country per one piece item of GOODS.

4.2. Tariffs for the provision of services for the delivery of the GOODS are indicated in the online shop for each product depending on its characteristics.

4.3. The total amount of the ORDER, which in some cases (at the choose of the BUYER) may include paid delivery and is indicated in the “Basket” section in the “Total” line.

 

5. Payment for the GOODS.

5.1. In the case of online payment, the BUYER is obliged to pay the SELLER the price of the GOODS at the time of its order, and the SELLER is obliged to provide the BUYER a payment receipt or other document confirming the payment of the GOODS.

5.2. In the case of payment by bank transfer the BUYER obligation to pay the price of the GOODS is considered fulfilled from the moment the respective funds are credited in the amount of 100% (one hundred percent) of the advance payment to the SELLER’s bank account.

5.3. In the case of a bank transfer payment, the delay in payment of the GOODS by the BUYER for a period of more than 5 (five) days is a substantial violation of this contract. In this case, the SELLER is entitled to unilaterally refuse to perform this contract, notifying about it of the BUYER.

5.4. GOODS are delivered to the BUYER at the prices, the name and in the quantity corresponding to the invoice paid by the BUYER.

 

6. GOODS delivery.

6.1. Delivery of the GOODS to the BUYER is carried out to the address and in the time agreed by the BUYER and the SELLER’s manager when ordering, or the BUYER independently takes the goods from the SELLER’s issuing point to the address specified in clause 13 (Legal details) of this AGREEMENT.

6.2. The exact cost of the GOODS delivery is determined by the manager of the SELLER when placing the order and can not be changed after the approval by the BUYER.

6.3. The BUYER’s failure to appear or other necessary actions to be taken for acceptance of the GOODS may be considered by the SELLER as the BUYER’s refusal to execute the AGREEMENT.

 

7. GOODS warranty.

7.1. The GOODS warranty is set by the manufacturer. The warranty period is indicated in the warranty card and in the GOODS specification on the site.

 

8. Rights and obligations of the parties.

8.1. SELLER undertakes:

8.1.1. Not to disclose any private information of the BUYER and not to provide access to this information, except as required, necessarily by Russian law.

8.1.2. To provide the BUYER with the opportunity to receive free telephone consultations on the telephones and other type communication indicated on the website of the online shop "Electrotechnics - Service - Automation” (www.esa-shop.ru). The scope of consultations is limited to specific issues related to the implementation of the ORDER.

8.1.3. The SELLER reserves the right to amend this AGREEMENT unilaterally.

8.2. BUYER undertakes:

8.2.1. Prior to the conclusion of the AGREEMENT to familiarize yourself with the contents of this AGREEMENT, the terms of payment and delivery on the online shop "Electrotechnics - Service - Automation” (www.esa-shop.ru) website.

8.2.2. To provide accurate information about yourself (name, contact phone numbers, email address) and details for the delivery of the GOODS.

8.2.3. To pay and accept the GOODS in accordance with the order.

 

9. Responsibility of the parties and dispute resolution.

9.1. The Parties are responsible for the non-fulfillment or improper execution of this AGREEMENT in the manner provided for by this AGREEMENT and the current legislation of the Russian Federation.

9.2. Seller is not responsible for the delivery of the GOODS if the BUYER specifies an incorrect delivery address.

9.3. The SELLER is not liable if the BUYER’s expectations about the consumer properties of the GOODS were not justified.

9.4. The SELLER and the BUYER are not responsible for partial or complete failure to fulfill obligations by AGREEMENT, if it is a consequence of force majeure.

9.5. The BUYER making ORDER is responsible for the accuracy of the information provided about himself, as well as confirms that he is acquainted with the AGREEMENT terms and agrees of this..

9.6. All disputes and disagreements arising from the performance by the PARTIES of their obligations under this AGREEMENT shall be resolved through negotiations. In case of impossibility of their elimination, the PARTIES have the right to apply for judicial protection of their interests.

 

10. Return of goods and cash

10.1 If, for any reason, the Buyer decided to refuse the purchased goods, then, in accordance with the Law of the Russian Federation "On Protection of Consumer Rights" dated 02/07/1992 No. 2300-1 (for legal entities - in accordance with the Civil Code of the Russian Federation), the return of goods is possible subject to the following conditions:
Returning the goods in good quality.
1. The buyer has the right to refuse the ordered Goods at any time before receiving it, and after receiving the Goods - within 7 (seven) days, not counting the day of purchase.
2. Return of Goods of good quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified Goods are preserved.
3. The Buyer does not have the right to refuse the Goods having individually defined properties if the specified Goods can be used exclusively by the Buyer acquiring it.
4. If the Buyer refuses the Goods of good quality, the Seller must return to him the amount paid by the Buyer under the contract, with the exception of the costs of the Seller for the delivery of returned goods from the consumer, no later than 10 days from the date the Buyer submits the relevant requirement.
Return of goods of inadequate quality
An inadequate quality product means a product that is not able to provide its functional qualities due to a significant deficiency (with the presence of defects / defects).
The buyer, to whom the goods of inadequate quality were sold, if it was not agreed upon by the seller, has the right, at his choice, to declare any of the following requirements:
⦁ replacements for goods of a similar brand (model, article) or for the same goods of another brand (model, article) with the corresponding recalculation of the purchase price;
⦁ a commensurate reduction in the purchase price;
⦁ gratuitous elimination of defects in the goods or reimbursement of expenses for their correction by the buyer or a third party;
⦁ the right to refuse to fulfill the contract and demand the return of the amount paid for the goods.
When returning technically complex goods of inadequate quality (the list of such goods was approved by Decree of the Government of the Russian Federation of 10.11.2011 No. 924 “On approval of the list of technically complex goods”), the Buyer has the right to demand:
⦁ replacements for goods of a similar brand (model, article) or for the same goods of another brand (model, article) with the corresponding recalculation of the purchase price;
⦁ refuse to fulfill the contract and demand the return of the amount paid for the goods.
All of the above requirements for the return of goods of inadequate quality can be presented in the following terms:
⦁ The product has a warranty period - during the entire warranty period;
⦁ The warranty period is not established for the goods - within a reasonable period, but not more than 2 years.
The seller has the right to refuse to exchange or return the goods if he considers that the discovered material deficiency is a result of improper use of the goods.
In the event of a disagreement on the quality or causes of deficiencies, the Seller has the right to conduct an independent examination at his own expense. The buyer can participate in the examination and challenge its decision in court. If as a result of the examination it is established that the defects of the goods arose due to the Buyer's fault, the Buyer is obliged to reimburse the Seller for the cost of the examination, as well as the costs of transportation and storage of goods related to its implementation.

10.2. Refunds for returned goods are carried out by transferring the cost of goods, depending on the method of payment for goods when ordering, to a bank card, postal order or legal entity account no later than 10 days from the date the Buyer submits the relevant requirement for the above reasons .

 

11. Force majeure.

11.1. The Parties are exempt from liability for non-performance or improper performance of obligations under the AGREEMENT for the duration of the force majeure. By force majeure means extraordinary and insuperable circumstances, which prevent the PARTIES from fulfilling their obligations by the Agreement under the given conditions. These include natural disasters (earthquakes, floods, etc.), the circumstances of public life (military actions, emergencies, major strikes, epidemics, etc.), prohibitive measures by government agencies (prohibition of traffic, currency restrictions, international sanctions ban on trade, etc.). During this time, the PARTIES have no mutual claims, and each of the PARTIES assumes its risk the consequences of force majeure.

 

Статья 12. Term of the AGREEMENT.

12.1. This AGREEMENT enters into force from the moment of appeal to the online shop "Electrotechnics - Service - Automation” (Individual entrepreneur Vadim V. Pervunin) and placing an order, and finish with the full performance of obligations by the PARTIES.

 

Статья 13. Legal details.

Name: Individual entrepreneur Vadim V. Pervunin

Legal Address: 89 app., 68/91 Budionnovsky av., Rostov-on-Don, 344010, Russia

TIN: 616402707675

Issuing point: 5 Industrialnaya str., Bataysk, Rostov Region, 346882, Russia

Phone: +7 938 1149176

WhatsApp: +7 9185533037

Email: esa-shop@cathodic.su


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