Public Offer Agreement of Sale by Sample
1. General Provisions
1.1. Amid, hereinafter – the “Seller”, publishes this Public Offer of Sale by Sample as demonstrated on the official website of the Seller www.amid-budo.ru.
1.2. Subject to article 437 of the Civil Code of the Russian Federation (RF CC) this document is a Public Offer and in case of agreement with the terms and conditions below an individual who accepts the Offer shall pay for the Seller’s Products according to the terms and conditions hereof. Subject to clause 3 of article 438 of the RF CC payment by the Buyer for the Products constitutes acceptance of the Offer which is considered equivalent to conclusion of the Agreement on the terms and conditions of the Offer.
1.3. In view of the foregoing, please carefully review the content of the Public Offer. In case you disagree with any clause hereof you are recommended to choose not to purchase the Products or use the Services provided by the Seller.
1.4. Unless the context requires otherwise, in this Offer the terms below shall have the following meanings:
“Offer” shall mean a public offer of the Seller for an individual (citizen) to conclude a sale and purchase agreement (hereinafter – the “Agreement”) on the current terms and conditions hereof.
“Buyer” shall mean an individual who signed the Agreement with the Seller on the terms and conditions hereof.
“Acceptance” shall mean full and unconditional acceptance of the terms and conditions of the Agreement by the Buyer.
“Products” shall mean a list of products from the product range published on the Seller’s official website.
“Order” shall mean certain items from the Product range selected by the Buyer when ordering on the website.
“Delivery” shall mean a third-party company which provides to the Buyer the Order delivery services by courier.
Subject of the Agreement
2.1. The Seller sells the Products from the catalogue on the Seller’s website www.amid-budo.ru in accordance with the current price list for wholesale customers and the Buyer shall pay for and accept the Products under the terms and conditions hereof.
2.2. This Agreement shall be an official Seller’s document and an integral part of the Offer. The current version of each Agreement is published on the Seller’s website www.amid-budo.ru.
3.1. The Products shall be ordered by the Buyer on www.amid-budo.ru.
3.2. During registration on the Seller’s website the Buyer undertakes to provide the following personal registration information: • full name; • actual delivery address; • mailing address (including ZIP); • e-mail; and • contact phone number.
3.3. The Buyer shall accept the terms and conditions hereof by filling a registration form on the website with the relevant information. The Buyer may edit his/her personal registration information. The Seller may not modify or edit the Buyer’s registration information without the Buyer’s consent. The Seller undertakes not to disclose the data provided by the Buyer during registration on www.amid-budo.ru or Order placement to any third party not involved in the Order fulfillment. Upon confirmation of the selected Products Order the Buyer shall provide to the Processor the required information in the manner set forth in cl. 3.2 hereof.
3.4. The Seller shall not be liable for content or reliability of the information provided by the Buyer during placement of the Order.
3.5. The Buyer shall be liable for reliability of the information provided during placement of the Order.
3.6. Payment of the Order independently placed on the website by the Buyer shall mean the Buyer’s consent to the terms and conditions hereof. The date of the Order payment shall be the date of conclusion of the Sale and Purchase Agreement by the Seller and the Buyer.
3.7. All information materials published on www.amid-budo.ru shall be for reference only and cannot fully provide reliable information about certain properties and characteristics of the Products.
Terms of the Order Fulfillment
4.1. The Seller undertakes to fulfill the Order within the period from three business days to three calendar months. The term of the Order fulfillment depends on the time required for processing and delivery of the Order. In exceptional cases the Order fulfillment term may be separately agreed upon with the Buyer depending on the characteristics and quantity of the ordered Products. If a portion of the Order is not available at the Seller’s warehouse, including for reasons beyond the Seller’s control, the Seller shall have the right to cancel such Product from the Buyer’s Order. The Seller undertakes to inform the Buyer of any changes in the Order content by notice to e-mail indicated during registration of the website or by providing additional written explanation on a sales receipt at the time of actual delivery of the Order to the Buyer.
4.2. The Order shall be deemed delivered upon transfer to the Buyer.
4.3. The cost of the Order delivery within Russia: Central Region – RUB 300, Siberian Region – RUB 350, and Far East – RUB 500.
4.4. If the Buyer provides incorrect contact details the Seller shall not be liable for improper fulfillment of the Order.
4.5. In case of improper fulfillment of the Order through the Seller’s fault the Order shall be redelivered for free.
5.1. A consignment note or sales receipt shall confirm payment of the completed Order.
5.2. The price of each Product item shall be shown in the catalogue on www.amid-budo.ru.
5.3. The prices of all Products on www.amid-budo.ru may be changed by the Seller at its discretion without notice to the Buyer. The Seller undertakes to promptly inform the Buyer of any change in the prices of any ordered Product items. The Buyer may confirm or cancel the Order. If the Buyer is unavailable the Order shall be deemed cancelled within 3 calendar days upon placement.
5.4 All payment methods are available in the “Delivery and Payment” section on www.amid-budo.ru.
5.5. The Buyer shall make 100% advance payment for the Orders within Russia. The Order shall only be accepted and fulfilled once the Buyer’s funds are credited to the Seller’s settlement account. The Seller cannot guarantee availability of the Products at the warehouse when the funds are credited to the settlement account, so the Order fulfillment term can be extended.
6.1. Subject to cl. 4, art. 26.1 of RF Law No. 2300-1 “On Consumer Rights Protection” the Buyer shall have the right to refuse from the ordered Products at any time until handed over. The Buyer shall also have the right to refuse from the ordered Products within seven days from delivery in case of substandard quality of such Products.
6.2. The term of return of the proper quality Products shall be determined by cl. 4, art. 26.1 “Distance Selling of Products” of RF Law No. 2300-1 “On Consumer Rights Protection” dated February 07, 1992 (as revised on May 05, 2014), which is seven (7) days, if such Products are unused, and its marketable condition, consumer properties, and the document confirming the fact and conditions of purchase of the specified Products are preserved.
6.3. The list of non-food products of good quality which are not subject to return or exchange for similar goods of other size, shape, dimension, style, color or configuration approved by RF Government Decree No. 55 dated January 19, 1998 shall govern the possibility of the purchased Products of proper quality. Personal hygiene products shall not be replaced or exchanged.
6.4. If the Seller delivers the Products of substandard quality the Buyer may refuse from the Sale and Purchase Agreement at the time of the Order delivery by courier.
6.5. Subject to art. 22 of RF Law No. 2300-1 “On Consumer Rights Protection” the amount paid by the Buyer for the Products of substandard quality shall be refunded to the Buyer within 10 calendar days upon request. Money shall be refunded by wire transfer from the Seller’s settlement account to the Buyer’s bank account. In case of card payment money shall only be refunded to the Buyer’s card.
6.6. If the Order contains at least one Product of proper quality the cost of paid delivery shall not be refunded or compensated on a pro rata basis. In case of return of the Products of substandard quality the cost of delivery shall be paid by the Seller upon receipt of the Products and expert review.
7.1. All text information and graphics published on www.amid-budo.ru shall be owned by the Seller.
Rights, Obligations and Liability
8.1. The Seller shall not be liable for improper use of the Products ordered on www.amid-budo.ru by the Buyer.
8.2. The Seller shall be entitled to assign all its rights and obligations to fulfill the Orders to any third parties.
8.3. The Seller shall have the right to record all phone conversations with the Buyer. Subject to cl. 4, art. 16 of Federal Law “On Information, Information Technologies and Information Protection” the Seller undertakes: to prevent any unauthorized access to information and/or its disclosure to any third parties not directly involved in fulfillment of the Orders; and to timely detect and preclude any such fact. Phone conversations are recorded in order to control activities and quality of the Order fulfillment.
8.4. The title to the Order and the risk of its accidental loss or damage shall pass to the Buyer from the moment of transfer of the funds to the Delivery service officer.
8.6. The Buyer shall have the right to send all claims with respect to improper fulfillment of the Order to the e-mail specified in the “Contacts” section on www.amid-budo.ru or to inform the Operator. Such information is processed as soon as practicable. All disputes which may arise between the Parties shall be settled by means of negotiations. If the Parties fail to reach an agreement the dispute shall be submitted to a court in accordance with the current legislation of the Russian Federation.
8.7. For the avoidance of any misuse of bank cards during payment, the Seller shall verify all Orders placed on www.amid-budo.ru and paid by bank card. To verify holder’s identity and authority to use the card, the Seller shall have the right to require the Buyer who placed the Order to provide an ID document.