for distant purchase at the online store miralin.ru
OFFER TO CONCLUDE AN AGREEMENT ON DISTANT PURCHASE OF GOODS
This document in accordance with the legislation of the Russian Federation is an official proposal (hereinafter - "Contract (Offer)") of the online store miralin.ru, represented by its representatives, hereinafter - "Seller," to conclude a Contract for the provision of services in the field of distant selling of goods by the means of the website, hereinafter - "Contract," and it contains all the material terms necessary for the provision of such services, hereinafter - "Services," and for the conclusion and implementation of the Contract.
In connection with the above, please read the text of this Agreement (offer) carefully, and if you do not agree with the terms of this Agreement (offer) or any of its paragraphs, the Seller suggests that you should not be provided with the services. If necessary, the online store miralin.ru can also conclude a paper contract with signatures and seals.
Terms and Concepts
The seller is a business entity registered in the established way by the legislation of the Russian Federation (as Individual entrepreneur Igor V. Sivov), who offers users of the website miralin.ru, by means of familiarization with the text and graphic description of the offered services, to conclude a distant selling transaction for the purchase of goods by means of the website.
Services are a list of actions and actual agreements that are aimed to present the sold goods to the Buyer by means of a text and graphic description, as well as to draw up a distant contract for the sale of goods sold by the Seller, in accordance with the terms of the Agreement (offer) and other documents that regulate such relationship between the Seller and the Buyer.
The online store is a business entity registered in the established way by the legislation of the Russian Federation (as Individual entrepreneur Igor V. Sivov), the "showcase" of which is located on the Internet, which makes it possible to get familiarized with the text and graphic description of the sold goods, as well as to purchase them in accordance with the conditions stipulated in the Agreement (offer) and accepted by the Buyer.
Acceptance is the legal action of a user of the website, which is aimed at approving, understanding and accepting the terms of purchase of the sold goods in the pages of the online store, by ordering or paying for the selected goods.
1. SUBJECT OF THE CONTRACT
1.1. On the basis of this Agreement (offer), the Seller will provide the Buyer, and the Buyer will accept and pay the Seller for the Services of distant selling of goods from a catalogue provided in the online store miralin.ru, according to the established prices.
1.2. This Agreement (offer) is an official offer of the Seller (offer) to conclude a contract for the distant purchase of goods and contains all the essential terms of the contract for the purchase of goods.
1.3. Acceptance of this Agreement (offer) is the order or payment of the Services in the order, amount and terms specified in this Agreement (offer) and its Annexes.
1.4. By accepting this Agreement (offer) in the manner specified in clause 1.3 of this Agreement (offer), the Buyer guarantees that he/she is familiar with, agrees to, accepts in full and unconditionally all the terms of the Agreement (offer) as set forth in the text of this Agreement (offer), including in the annexes to this Agreement (offer), which are its integral part.
1.5. The Buyer understands that acceptance of this Agreement (offer) in the manner specified in clause 1.3 of this Agreement (offer) is equivalent to the conclusion of the Agreement on the terms set forth in this Agreement (offer).
1.6. By acting upon acceptance of this Agreement (offer), the Buyer warrants that he/she has legal rights to enter into contractual relations with the Seller.
1.7. This Agreement (offer) is posted on the Seller's website miralin.ru (hereinafter referred to as the Website).
1.8. The Seller at any time may amend the terms of this Agreement (offer). Changes to the terms of this Agreement (offer) will become effective after 1 (one) calendar day from the moment of their publication on the Website.
1.9. This Agreement (offer) cannot be revoked.
1.10. This Agreement (offer) does not require the seal and/or signature by the Buyer and the Seller (hereinafter the Parties), but remains in full force and effect.
2. PROCEDURE FOR PURCHASE OF GOODS
2.1. The buyer on the pages of the website miralin.ru finds the goods he/she needs and makes an order through a special form.
2.2. The buyer is provided with a list of steps and he/she must determine the delivery address, delivery method, payment method, assortment and quantity of the ordered goods.
2.3. The Buyer has an opportunity to be familiarized with the electronic version of the Agreement which is accepted or rejected by the Buyer.
2.4. If the terms of the Agreement are accepted and the Seller's manager confirms the availability of the selected goods, the Buyer receives an invoice for payment of the selected goods. In case of disagreement with the terms of the Agreement, the application will be cancelled.
2.5. Upon creation of the invoice for payment of the selected goods and mandatory confirmation by the Seller's manager of the availability of the selected goods, the Buyer pays for the services in the manner provided by this Agreement.
2.6. Acceptance of this offer is the Buyer's full consent to all terms and conditions, including the Buyer's obligation to be familiarized with the characteristics and qualities of the goods set forth in the description for each product presented on the miralin.ru website.
3. ACCEPTANCE PERIOD, CONTRACT VALIDITY PERIOD
3.1. The period for acceptance by the Buyer is specified personally with the Buyer, depending on the number of types of goods and their volume. The acceptance period is deemed to be met if the Seller has received acceptance within the above period.
3.2. In cases if a timely acceptance has been received late, the acceptance should not be deemed late unless the Seller immediately notifies the Buyer of the receipt of the acceptance late. If the Seller immediately notifies the Buyer of acceptance of the late acceptance, the Contract is deemed to have been concluded.
3.3. This Agreement (offer) enters into force from the moment of acceptance and is valid until the Parties fully fulfill their obligations.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Buyer undertakes to:
4.1.1. Pay for the Services in the manner, amount and terms stipulated by this Agreement (offer).
4.1.2. Not use the information received from the Seller in ways likely to prejudice the Seller's interests.
4.2. The Seller undertakes to:
4.2.1. Arrange and ensure proper provision of the Services in accordance with this Agreement (offer).
4.2.2. Comply with the procedure agreed by the Parties for purchase and delivery of ordered and paid goods.
4.2.3. Use all personal data and other confidential information about the Buyer only for the provision of the Services, and not transfer or show to third parties the documentation and information about the Buyer.
4.2.4. Give oral and written advice to the Buyer on additional matters of the Buyer.
4.3. The Buyer may:
4.3.1. Require the Seller to provide information on the organization and ensure proper provision of the Services.
4.3.2. Require proper and timely provided Services of the Seller.
4.3.3. Contact the Seller on all matters related to the provision of the Services and ask questions related to the provision of the Services.
4.4. The Seller may:
4.4.1. Independently determine the forms and methods of the Services provision based on the requirements of this Agreement (offer), taking into account the Buyer's wishes.
4.4.2. Demand payment for Services being rendered or rendered.
4.4.3. Refuse to perform this Agreement (offer) in case the Buyer does not fulfill obligations on payment for the Services.
4.4.4. Receive from the Buyer any information necessary to fulfill obligations on this Agreement (offer).
5. COST AND PAYMENT TERMS
5.1. All payments are made in rubles.
5.2. Payment of the Services hereunder is made by the Buyer by transferring funds to the Seller's current account or by any other means provided by this Agreement.
5.3. Payment of the order by the Buyer is made upon confirmation by the Seller's manager of the availability of such goods;
5.4. Payment of the Services under the Agreement is made by wire transfers of funds to the Seller's account or electronic purse, which is provided to the Buyer after the order or in cash if the goods are taken from the Seller's warehouse or when the goods are received from the transport company (courier).
5.5. The cost of the goods posted on the pages of the miralin.ru website is formed by the Seller depending on market prices.
5.6. The moment when the goods are paid is the moment when the corresponding funds are credited to the online store account, depending on the payment method.
5.7. Upon completion of the order and its formation by the Seller's representative, the Buyer is given 1 (one) business day to pay for such order. If the Buyer fails to pay the order within the agreed period, the Seller reserves the right to disband the order.
5.8. In case after the order is created and paid by the Buyer, it is revealed that the necessary quantity of goods is not in the Seller's warehouse, the Buyer is given the opportunity to receive the money paid on the corresponding order (on time and the way they were paid by the Buyer) back or make adjustments to the order of the goods that are available on the reporting day.
5.9. The Seller has determined the main payment methods for the Buyer, namely:
5.9.1. Cash for self-removal of goods from the Seller's warehouse.
5.9.2. Payment through the payment systems such as Yandex.Cash, PayPal, Robocass.
5.9.3. Payment on receipt of goods from the delivery company (courier).
5.10. Other payment methods are possible only after agreement with the Seller's manager.
6. DELIVERY TERMS AND CONDITIONS
6.1. After the order is paid by the Buyer and the funds are credited to the Seller's settlement account (in case of payment through the payment system), the Buyer within 3 (three) working days transfers the paid goods to the transport company (courier) on the terms and within the terms provided in this Agreement and in the manner chosen by the Buyer.
6.2. Delivery information is in the section "Delivery" on the website.
6.3. The moment the Buyer receives the package through the transport company (courier) is a legal fact of the Seller fulfilling its obligations under the Agreement.
6.4. Ownership of the purchased goods is transferred from the Seller to the Buyer at the moment of actual transfer of the ordered (paid) goods to the Buyer or to the transport company (courier), which delivers such goods to the Buyer.
7. GUARANTEES AND RETURNS
7.1. The risk of accidental loss or damage of the ordered goods is transferred to the Buyer at the moment of transfer of the ordered goods to the transport company (courier), which delivers it to the Buyer.
7.2. Perfumery and cosmetic goods aren't subject to return according to "The list of the nonfoods of appropriate quality which aren't subject to return or exchange for similar goods of others of the size, form, dimension, style, coloring or complete set" the approved Russian Federation Government decree of January 19, 1998 No. 55.
8. RESPONSIBILITIES OF THE PARTIES
8.1. The Parties are responsible for non-performance or improper performance of their obligations under the Agreement in accordance with the legislation of the Russian Federation.
8.2. The penalty under the Agreement is paid only on the basis of a reasonable written request of the Parties.
8.3. Payment of the penalty does not relieve the Parties from fulfilling the obligations stipulated by the Agreement.
9. DISPUTE RESOLUTION
9.1. The claim procedure for pre-trial settlement of disputes from the Contract is mandatory for the Parties.
9.2. The claim letters are sent by the Parties on purpose or by registered mail with notice of delivery of the latter to the addressee at the location of the Parties.
9.3. Parties may not send claim letters by other means, via e-mail.
9.4. The period of consideration of the claim letter is 5 (five) working days from the date of receipt of the latter by the addressee.
9.5. Disputes under the Agreement are settled in court in accordance with the legislation of the Russian Federation.
10. GROUNDS AND PROCEDURE FOR TERMINATION OF CONTRACT
10.1. The Contract may be terminated by agreement of the Parties, as well as unilaterally at the request of one of the Parties on the grounds provided by law.
10.2. Termination of the Agreement is performed unilaterally only at the request of the Parties within 5 (five) calendar days from the date of receipt of such request by the Party.
11.1. The Parties are exempt from responsibilities for full or partial non-fulfillment of obligations under the Agreement if the non-fulfillment of obligations resulted from the actions of force majeure, namely fire, flood, earthquake, strike, war, actions of state authorities or other circumstances independent of the Parties.
11.2. A Party which cannot fulfill its obligations under the Agreement must notify the other Party in writing, in due time but not later than 5 (five) calendar days after the occurrence of force majeure circumstances, with the provision of supporting documents issued by the competent authorities.
11.3. The Parties acknowledge that the insolvency of the Parties is not a force majeure circumstance.
12. OTHER TERMS AND CONDITIONS
12.1. The Parties acknowledge that if any of the provisions of the Agreement becomes invalid within the term of its validity due to changes in legislation, the remaining provisions of the Agreement are binding on the Parties during the term of the Agreement.
Individual entrepreneur Igor V. Sivov
OGRNIP (Primary State Registration Number of the Individual Entrepreneur): 318169000035175
Registration address: 420056, Russia, the Republic of Tatarstan, Kazan, Akhmeta Galeeva st., House No. 14
Settl. Account: 40802810538000079442
Correspondent. account: 30101810400000000225