PUBLIC OFFER on concluding a purchase agreement
1. General Provisions
This Public Offer contains the conditions for concluding a Sale and Purchase Agreement (hereinafter referred to as "Sale and Purchase Agreement" and/or "Agreement"). This offer is recognized as an offer addressed to one or several specific persons, which is sufficiently definite and expresses the intention of the person making the offer to consider himself/herself to have entered into an Agreement with the addressee, which will accept the offer.
The performance of the actions specified in this Offer confirms the consent of both Parties to conclude a Sale and Purchase Agreement on the terms and conditions, in the manner and scope, set forth in this Offer.
The text of the Public offer below is the Seller's official public offer addressed to the interested circle of persons to conclude a Sale and Purchase Agreement in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The Sale and Purchase Agreement is considered concluded and comes into force from the moment the Parties perform the actions provided for in this Offer, and means unconditional, as well as full acceptance of all terms of this Offer without any exceptions or restrictions on the terms of accession.
Terms and Definitions:
Agreement - the text of this Offer with Applications, which are an integral part of this Offer, accepted by the Buyer by performing the concluent actions provided for in this Offer.
Concluent actions - this behavior expresses agreement with the offer of the counterparty to conclude, amend or terminate the agreement. The actions consist in the full or partial fulfillment of the conditions proposed by the counterparty.
Seller's website on the Internet - a set of programs for electronic computing machines and other information contained in the information system, access to which is provided through the Internet network at the domain name and network address: https://pprfnk.tech/
Parties to the Agreement (Parties) - the Seller and the Buyer.
Goods - under the sale and purchase agreement can be any items with compliance with the rules provided for in Article 129 of the Civil Code of the Russian Federation.
2. Subject of the Agreement
Under this Agreement, the Seller undertakes to transfer the item (Goods) in the ownership of the Buyer, and the Buyer undertakes to accept the Goods and pay for it a certain amount of money.
2.2. The name, quantity, as well as the range of Goods, its cost, delivery method and other conditions are determined based on the Seller's information when placing an order by the Buyer, or are established on the Seller's website on the Internet https://pprfnk.tech/
2.3. Acceptance of this Offer is expressed in the performance of concluent actions, in particular:
- actions related to the registration of an account on the Seller's Website on the Internet when there is a need to register an account;
- by making up and filling out an application for placing an order for Goods;
- by communicating the required information for concluding an Agreement by phone, email, indicated on the Seller's website on the Internet, including, during a call back by the Seller at the request of the Buyer;
- payment for the Goods by the Buyer.
This list is not exhaustive, there may be other actions that clearly express the intention of a person to accept the offer of a counterparty.
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 Agreement;
3.1.2. Refuse to conclude an Agreement to the Buyer on the basis of the present Offer in the case of his dishonest behavior, in particular, in the case of:
- more than 2 (two) refusals from the goods of proper quality within a year;
- providing knowingly false personal information;
- returning the deteriorated Goods by the Buyer or the Goods that have been in use;
- in other cases of unfair behavior, indicating that the buyer concludes an Agreement with the purpose of abuse of rights, and the absence of the usual economic purpose of the Agreement - the acquisition of the Goods.
3.1.3. The Seller is obliged to transfer the Goods of appropriate quality and in proper packaging to the Buyer;
3.1.4. To transfer the Goods free from the rights of third parties;
3.1.5. Organize the delivery of Goods to the Buyer;
3.1.6. Inform the Buyer of all changes in terms of the Agreement and other changes that may affect the fulfillment of obligations under the Agreement;
3.1.7. In case of impossibility to fulfill the obligations due to the absence of the ordered Goods, inform the Buyer and return the money paid for the Goods.
3.2. Rights and obligations of the Buyer:
3.2.1. The Buyer has the right to refuse to purchase the Goods at any time until its transfer by the Seller.
3.2.2. The Buyer undertakes to accept the Goods and pay for it in the terms set out in the Agreement.
3.2.3. In case of non-fulfillment of the obligations to pay for the Goods and its delivery, the Buyer is responsible in accordance with the laws of the Russian Federation.
3.2.4. The Buyer has the right to report any disagreement with the received Goods within 24 hours after receipt by sending an e-mail marked "claim".
3.3. The parties undertake to make every effort to resolve all disputes and disagreements that may arise during the execution of their obligations by negotiation. In case of impossibility of a dispute by negotiation, it is resolved in court in accordance with the legislation of the Russian Federation.
4. Price and method of payment
4.1. The cost, as well as the method of payment for the Goods, are determined based on the Seller's information when placing an order by the Buyer, or are established on the Seller's website on the Internet: https://pprfnk.tech/
4.2. All calculations under the Agreement are made in non-cash form.
5. Confidentiality and security
5.1. When implementing this Agreement, the Parties ensure the confidentiality and security of personal data in accordance with the current edition of the Federal Law dated July 27, 2006 No. 152-FL "On Personal Data" and the Federal Law dated July 27, 2006 No. 149-FL "On Information, Information Technology and Information Protection".
5.2. The Parties undertake to maintain the confidentiality of the information obtained during the execution of this Agreement, and to take all possible measures to protect the received information from disclosure.
5.3. Confidential information means any information transmitted by the Seller and the Buyer in the process of implementing the Agreement and subject to protection. Exceptions are mentioned below.
5.4. Such information can be contained in the local regulatory acts provided by the Seller, contracts, letters, reports, analytical materials, research results, schemes, graphs, specifications and other documents, formed both on paper and on electronic media.
6. Force majeure
6.1. The Parties are exempted from liability for non-performance or improper performance of the obligations under the Agreement if proper performance became impossible due to force majeure, i.e. extraordinary and unavoidable under these circumstances, which include: prohibited actions of the authorities, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.
6.2. In case of the occurrence of these circumstances, the Party is obliged to notify the other Party about this within 30 (Thirty) working days.
6.3. A document issued by a competent state authority is sufficient confirmation of the existence and duration of the force majeure.
6.4. If the circumstances of force majeure continue to operate for more than 60 (Sixty) working days, then each Party has the right to refuse from this Agreement unilaterally.
7. Liability of the Parties
7.1. In case of non-performance and/or improper performance of their obligations under the Agreement, the Parties are liable in accordance with the terms of this Offer.
7.2. The Party that has not fulfilled or improperly fulfilled the obligations under the Agreement is obliged to compensate the other Party for the losses caused by such violations.
8. Validity of this Offer
8.1. The offer comes into force from the moment of its placement on the Seller's Website and is valid until it is withdrawn by the Seller.
8.2. The Seller reserves the right to make changes to the terms of the Offer and/or withdraw the Offer at any moment at its discretion. Information about the change or withdrawal of the Offer is brought to the Buyer's attention at the Seller's discretion by placing it on the Seller's website on the Internet, in the Customer's Personal Account, or by sending the corresponding notification to the email or postal address indicated by the Buyer when concluding the Agreement or during its execution.
8.3. The Agreement comes into force from the moment of acceptance of the terms of this Offer by the Buyer and is valid until the Parties fully fulfill their obligations under the Agreement.
8.4. Changes made by the Seller to the Agreement and published on the site in the form of an updated Offer are considered accepted by the Buyer in full.
9. Additional terms
9.1. The Agreement, its conclusion, and execution are governed by the current legislation of the Russian Federation. All matters not regulated by this Offer or not fully regulated are settled in accordance with the substantive law of the Russian Federation.
9.2. In case of a dispute that may arise between the Parties during the performance of their obligations under the Agreement concluded on the terms of this Offer, the Parties are obliged to settle the dispute amicably before starting the judicial proceedings.
The judicial proceeding is carried out in accordance with the legislation of the Russian Federation.
Disputes or disagreements for which the Parties have not reached an agreement are resolved in accordance with the legislation of the Russian Federation. The pre-trial order for resolving a dispute is mandatory.
9.3. As the language of the Agreement concluded on the terms of this Offer, as well as the language used in any interaction of the Parties (including conducting correspondence, submitting requirements / notices / explanations, providing documents, etc.), the Parties have defined the Russian language.
9.4. 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 prescribed manner.
9.5. The inaction of one of the Parties in case of violation of the terms of this Offer does not deprive the interested Party of the right to defend its interests later, and does not mean a waiver of its rights in case of committing the similar or similar violation by one of the Parties in the future.
9.6. If there are links to other websites and materials of third parties on the Seller's Website, such links are posted for information purposes only, and the Seller does not have control in relation to the content of such websites or materials. The Seller is not responsible for any losses or damage that may arise from the use of such links.