Public Offer for the Conclusion of a Contract of Sale
This document is addressed to an indefinite group of persons. Placing an order and paying for the Goods on the website fertil.sagarti.com constitute full and unconditional acceptance of the terms set out below.
1. General provisions
This Public Offer sets out the terms for concluding a Contract of Sale (hereinafter - the «Contract of Sale» and/or the «Contract»). An offer is a proposal addressed to one or several specific persons that is sufficiently definite and expresses the intention of the person making it to be bound by a Contract with the addressee who accepts the proposal.
Performance of the actions specified in this Offer confirms the agreement of both Parties to conclude the Contract of Sale on the terms, in the manner and to the extent set out in this Offer.
The text of the Public Offer below is the Seller's official public proposal, addressed to an interested group of persons, to conclude a Contract of Sale in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The Contract of Sale is deemed concluded and takes effect from the moment the Parties perform the actions provided for in this Offer, which signify the unconditional and full acceptance of all the terms of this Offer without any exceptions or limitations, on an accession basis.
Terms and definitions
- Contract
- the text of this Offer with its Annexes, which form an integral part of this Offer, accepted by the Buyer by performing the implied actions provided for in this Offer.
- Implied actions
- conduct that expresses agreement with the counterparty's proposal to conclude, amend or terminate a contract. Such actions consist of full or partial performance of the terms proposed by the counterparty.
- Seller's website on the Internet
- the set of software for electronic computers and other information contained in the information system, access to which is provided via the Internet by the domain name and network address: https://fertil.sagarti.com.
- Parties to the Contract (the Parties)
- the Seller and the Buyer.
- Goods
- any items may be goods under a contract of sale, subject to the rules provided for by Article 129 of the Civil Code of the Russian Federation.
2. Subject of the Contract
- Under this Contract the Seller undertakes to transfer an item (the Goods) into the ownership of the Buyer, and the Buyer undertakes to accept the Goods and pay a specified sum of money for them.
- The name, quantity and assortment of the Goods, their price, the delivery procedure and other terms are determined on the basis of the Seller's information when the Buyer places an order, or are established on the Seller's website on the Internet https://fertil.sagarti.com. As at the date of publication of this Offer, the Seller offers the following Goods for sale:
- «Fertil White» brooch, biscuit porcelain, matte hand-polished finish - RUB 8,500 per unit;
- «Fertil Coffee» brooch, tinted porcelain, gradient tone - RUB 12,000 per unit.
- Acceptance of this Offer is expressed by performing implied actions, in particular:
- actions related to registering an account on the Seller's website on the Internet, where account registration is required;
- by compiling and filling in an order form for the Goods;
- by communicating the information required to conclude the Contract by telephone or e-mail indicated on the Seller's website on the Internet, including during a call-back by the Seller on the Buyer's request;
- payment for the Goods by the Buyer.
3. Rights and obligations of the Parties
3.1. Rights and obligations of the Seller
- The Seller has the right to demand payment for the Goods and their delivery in the manner and on the terms provided for by the Contract;
- to refuse to conclude the Contract on the basis of this Offer with a Buyer in the event of the Buyer's bad-faith conduct, in particular in the event of:
- more than 2 (two) returns of Goods of proper quality within a year;
- provision of knowingly inaccurate personal information;
- return of Goods damaged by the Buyer or Goods that have been used;
- other instances of bad-faith conduct indicating that the Buyer concluded the Contract for the purpose of abuse of rights and in the absence of the ordinary economic purpose of the Contract - acquisition of the Goods.
- The Seller undertakes to transfer to the Buyer Goods of proper quality and in proper packaging;
- to transfer the Goods free from the rights of third parties;
- to arrange delivery of the Goods to the Buyer;
- to provide the Buyer with all necessary information in accordance with the requirements of the applicable legislation of the Russian Federation and this Offer.
3.2. Rights and obligations of the Buyer
- The Buyer has the right to demand transfer of the Goods in the manner and on the terms provided for by the Contract;
- to demand the provision of all necessary information in accordance with the requirements of the applicable legislation of the Russian Federation and this Offer;
- to refuse the Goods on the grounds provided for by the Contract and the applicable legislation of the Russian Federation;
- the Buyer undertakes to provide the Seller with accurate information necessary for the proper performance of the Contract;
- to accept and pay for the Goods in accordance with the terms of the Contract;
- the Buyer warrants that all terms of the Contract are clear to it; the Buyer accepts the terms without reservation and in full.
4. Price and payment procedure
- The price and the payment procedure for the Goods are determined on the basis of the Seller's information when the Buyer places an order, or are established on the Seller's website on the Internet: https://fertil.sagarti.com. Current price of the Goods: «Fertil White» brooch - RUB 8,500; «Fertil Coffee» brooch - RUB 12,000. Payment for the Goods is made online by bank card of the MIR, Visa or Mastercard payment systems through the Robokassa payment acceptance service.
- All settlements under the Contract are made by cashless transfer.
5. Exchange and return of Goods
- The Buyer has the right to return (exchange) to the Seller Goods purchased by remote means, with the exception of the list of goods not subject to exchange and return in accordance with the applicable legislation of the Russian Federation. The terms, time limits 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, RF Law No. 2300-1 of 07.02.1992 «On Protection of Consumer Rights», and the Rules approved by RF Government Decree No. 2463 of 31.12.2020.
- The Buyer's demand for exchange or return of the Goods is subject to satisfaction if the Goods have not been used, their consumer properties have been preserved, and there is evidence of their purchase from the Seller.
- The detailed procedure for payment, delivery, exchange and return is set out on the page «Payment, delivery and returns» and forms an integral part of this Offer.
6. Confidentiality and security
- In performing this Contract, the Parties ensure the confidentiality and security of personal data in accordance with the current version of Federal Law No. 152-FZ of 27.07.2006 «On Personal Data» and Federal Law No. 149-FZ of 27.07.2006 «On Information, Information Technologies and Information Protection».
- The Parties undertake to keep confidential the information obtained in the course of performing this Contract and to take all possible measures to protect the information obtained from disclosure.
- Confidential information means any information transferred by the Seller and the Buyer in the course of performing the Contract and subject to protection; the exceptions are indicated below.
- Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, diagrams, charts, specifications and other documents provided by the Seller, whether on paper or in electronic form.
7. Force majeure
- The Parties are released from liability for non-performance or improper performance of obligations under the Contract if proper performance proved impossible due to force majeure, that is, extraordinary circumstances that could not be prevented under the given conditions, which are understood to mean: prohibitive acts of the authorities, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.
- Upon the occurrence of such circumstances, a Party must notify the other Party within 30 (thirty) business days.
- A document issued by an authorised state body is sufficient confirmation of the existence and duration of force majeure.
- If the force majeure circumstances continue for more than 60 (sixty) business days, each Party has the right to withdraw from this Contract unilaterally.
8. Liability of the Parties
- In the event of non-performance and/or improper performance of their obligations under the Contract, the Parties bear liability in accordance with the terms of this Offer.
- A Party that has failed to perform or has improperly performed its obligations under the Contract must compensate the other Party for the losses caused by such breaches.
9. Term of this Offer
- The Offer takes effect from the moment it is posted on the Seller's website and remains in force until it is withdrawn by the Seller.
- The Seller reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its discretion. Information about amendment or withdrawal of the Offer is communicated to the Buyer, at the Seller's choice, by posting on the Seller's website on the Internet, in the Buyer's personal account, or by sending a corresponding notice to the e-mail or postal address indicated by the Buyer when concluding the Contract or in the course of its performance.
- The Contract takes effect from the moment the Buyer accepts the terms of this Offer and remains in force until the Parties have fully performed their obligations under the Contract.
- Amendments made by the Seller to the Contract and published on the website in the form of an updated Offer are deemed accepted by the Buyer in full.
10. Additional provisions
- The Contract, its conclusion and performance are governed by the applicable legislation of the Russian Federation. All matters not settled by this Offer, or not settled in full, are governed by the substantive law of the Russian Federation.
- In the event of a dispute that may arise between the Parties in the course of performing their obligations under the Contract concluded on the terms of this Offer, the Parties must settle the dispute amicably before the commencement of court proceedings. Court proceedings are conducted in accordance with the legislation of the Russian Federation. Disputes or disagreements on which the Parties have not reached agreement are subject to resolution in accordance with the legislation of the Russian Federation. The pre-trial dispute settlement procedure is mandatory.
- The Parties have determined Russian to be the language of the Contract concluded on the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, provision of demands / notices / clarifications, provision of documents, etc.).
- 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 established manner.
- Failure to act by one of the Parties in the event of a breach of the terms of this Offer does not deprive the interested Party of the right to defend its interests later, nor does it mean a waiver of its rights in the event that one of the Parties commits similar or comparable breaches in the future.
- If the Seller's website on the Internet contains links to other websites and third-party materials, such links are placed solely for informational purposes, and the Seller has no control over the content of such sites or materials. The Seller is not liable for any loss or damage that may arise from the use of such links.
11. Seller's details
| Full name | LIMITED LIABILITY COMPANY «SAGARTI-LAIT» (ООО «САГАРТИ-ЛАЙТ») |
|---|---|
| Short name | LLC «SAGARTI-LAIT» |
| INN (taxpayer number) | 5837080025 |
| KPP | 583701001 |
| OGRN (state registration number) | 1215800002890 |
| Registered address | 440034, Penza, ul. Kalinina 84, kv. 1, Russia |
| Postal address | 440039, Penza, ul. Lenina 3, Russia |
| Settlement account | 40702810648000012018 |
| Bank | PENZA BRANCH No. 8624 OF SBERBANK PJSC |
| BIK | 045655635 |
| Correspondent account | 30101810000000000635 |
| General Director | Aleksandr A. Shchipalkin |
| Phone | +7 (499) 955-39-98, +7 927 399-22-85 |
| info@sagarti.com |