Public Offer
PUBLIC OFFER
to conclude a contract of sale
1. General Provisions
This Public Offer sets out the terms and conditions for concluding a contract of sale (hereinafter — the “Contract of Sale” and/or the “Contract”). An offer shall mean a proposal addressed to one or several specific persons which is sufficiently definite and expresses the intention of the person making the proposal to consider itself bound by the Contract with the addressee who accepts the proposal.
Performance of the actions specified in this Offer confirms the consent 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 set out below is the official public proposal of the Seller, addressed to any interested persons, to conclude a Contract of Sale in accordance with clause 2 of Article 437 of the Civil Code of the Russian Federation.
The Contract of Sale shall be deemed concluded and shall enter into force from the moment the Parties perform the actions provided for in this Offer, which mean unconditional and full acceptance of all the terms of this Offer, without any exceptions or limitations, by way of adherence.
Terms and definitions:
Contract — the text of this Offer together with its Annexes, which form an integral part hereof, accepted by the Buyer by performing the implied (conclusive) actions provided for in this Offer.
Implied (conclusive) actions — conduct which expresses consent to 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 — a set of computer programs and other information contained in an information system, access to which is provided via the Internet at the domain name and network address: amid-budo.com
Parties to the Contract (the Parties) — the Seller and the Buyer.
Goods — any items may be the Goods under the contract of sale, subject to the rules set out in Article 129 of the Civil Code of the Russian Federation.
2. Subject of the Contract
2.1. 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 certain sum of money for them.
2.2. The name, quantity and range of the Goods, their price, delivery procedure and other terms shall be determined on the basis of the Seller’s information when the Buyer places an order, or shall be established on the Seller’s website on the Internet: amid-budo.com
2.3. Acceptance of this Offer is expressed by performing implied (conclusive) actions, in particular:
- actions related to registering an account on the Seller’s Website on the Internet, where account registration is required;
- by completing and submitting an application for placing an order for the Goods;
- by providing 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 made by the Seller upon the Buyer’s request;
- by payment for the Goods by the Buyer.
This list is not exhaustive; there may be other actions which clearly express the person’s intention to accept the counterparty’s proposal.
3. Rights and Obligations of the Parties
3.1. Rights and obligations of the Seller:
3.1.1. 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;
3.1.2. The Seller has the right 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) refusals of Goods of proper quality within one year;
- provision of knowingly false personal information;
- return of Goods damaged by the Buyer or Goods that have been used;
- other cases of bad-faith conduct indicating that the Buyer concluded the Contract for the purpose of abusing its rights and in the absence of the ordinary economic purpose of the Contract — the purchase of the Goods.
3.1.3. The Seller undertakes to transfer to the Buyer Goods of proper quality and in proper packaging;
3.1.4. To transfer the Goods free from the rights of third parties;
3.1.5. To arrange delivery of the Goods to the Buyer;
3.1.6. 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:
3.2.1. The Buyer has the right to demand transfer of the Goods in the manner and on the terms provided for by the Contract;
3.2.2. To demand provision of all necessary information in accordance with the requirements of the applicable legislation of the Russian Federation and this Offer;
3.2.3. To refuse the Goods on the grounds provided for by the Contract and the applicable legislation of the Russian Federation;
3.2.4. The Buyer undertakes to provide the Seller with accurate information necessary for the proper performance of the Contract;
3.2.5. To accept and pay for the Goods in accordance with the terms of the Contract;
3.2.6. The Buyer warrants that all the terms of the Contract are clear to it and accepts them without reservations and in full.
4. Price and Payment Procedure
4.1. The price and the payment procedure for the Goods shall be determined on the basis of the Seller’s information when the Buyer places an order, or shall be established on the Seller’s website on the Internet: amid-budo.com
4.2. All settlements under the Contract shall be made by non-cash payment.
5. Exchange and Return of the Goods
5.1. The Buyer has the right to return (exchange) to the Seller Goods purchased by distance selling, except for the list of goods that are not subject to exchange or return under the applicable legislation of the Russian Federation. The conditions, 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, Law of the Russian Federation No. 2300-1 of 07.02.1992 “On Consumer Rights Protection”, and the Rules approved by Resolution of the Government of the Russian Federation No. 2463 of 31.12.2020.
5.2. The Buyer’s request 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. In performing this Contract the Parties shall ensure the confidentiality and security of personal data in accordance with the current versions 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”.
6.2. The Parties undertake to maintain the confidentiality of information received in the course of performance of this Contract and to take all possible measures to protect the information received from disclosure.
6.3. Confidential information shall mean any information transferred by the Seller and the Buyer in the course of performance of the Contract and subject to protection; the exceptions are set out below.
6.4. 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 in hard copy or in electronic form.
7. Force Majeure
7.1. The Parties shall be released from liability for non-performance or improper performance of their obligations under the Contract if proper performance proved impossible due to force majeure, i.e. extraordinary circumstances that could not be prevented under the given conditions, which shall include: prohibitive acts of the authorities, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.
7.2. Upon the occurrence of such circumstances the affected Party shall notify the other Party within 30 (thirty) business days.
7.3. A document issued by an authorised state body shall be sufficient confirmation of the existence and duration of the force majeure event.
7.4. If the force majeure circumstances continue for more than 60 (sixty) business days, each Party shall have the right to unilaterally withdraw from this Contract.
8. Liability of the Parties
8.1. In the event of non-performance and/or improper performance of their obligations under the Contract, the Parties shall be liable in accordance with the terms of this Offer.
8.2. A Party that has failed to perform or has improperly performed its obligations under the Contract shall compensate the other Party for the losses caused by such breaches.
9. Validity Period of this Offer
9.1. The Offer enters into force from the moment it is published on the Seller’s Website and remains in force until it is withdrawn 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 own discretion. Information about the amendment or withdrawal of the Offer shall be communicated to the Buyer, at the Seller’s choice, by publication on the Seller’s website on the Internet, in the Buyer’s personal account, or by sending the relevant notice to the e-mail or postal address indicated by the Buyer when concluding the Contract or in the course of its performance.
9.3. The Contract enters into force from the moment of Acceptance of the terms of this Offer by the Buyer and remains in force until the Parties have fully performed their obligations under the Contract.
9.4. Amendments made by the Seller to the Contract and published on the website in the form of an updated Offer shall be deemed accepted by the Buyer in full.
10. Miscellaneous
10.1. The Contract, its conclusion and performance shall be governed by the applicable legislation of the Russian Federation. All matters not settled by this Offer or settled incompletely shall be governed by the substantive law of the Russian Federation.
10.2. In the event of a dispute that may arise between the Parties in the course of performance of their obligations under the Contract concluded on the terms of this Offer, the Parties shall settle the dispute amicably before commencing court proceedings. Court proceedings shall be conducted in accordance with the legislation of the Russian Federation. Disputes or disagreements on which the Parties have not reached agreement shall be resolved in accordance with the legislation of the Russian Federation. The pre-trial dispute settlement procedure is mandatory.
10.3. The Parties have determined the Russian language as 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, submission of claims / notices / clarifications, provision of documents, etc.).
10.4. All documents to be provided under the terms of this Offer shall be drawn up in Russian or accompanied by a duly certified Russian translation.
10.5. Failure by one of the Parties to act in the event of a breach of the terms of this Offer shall not deprive the interested Party of the right to protect its interests later, nor shall it mean a waiver of its rights in the event of similar or comparable breaches by one of the Parties in the future.
10.6. If the Seller’s Website on the Internet contains links to other websites and third-party materials, such links are placed solely for information purposes, and the Seller has no control over the content of such websites or materials. The Seller shall not be liable for any losses or damage that may arise as a result of the use of such links.
10.7. This Offer is a translation of the Russian-language text. In the event of any discrepancy between the English and Russian versions, the Russian version shall prevail.
11. Seller’s Details
Full name: Isomaddinov Saidamon Akbarovich
TIN (INN): 775111261917
PSRN / PSRNSP (OGRN/OGRNIP): 322774600737680
Contact phone: +7 999 591-73-63
Contact e-mail: s.a.isomaddinov@mail.ru
Website: amid-budo.com