In accordance with Article 435 of the Civil Code of the Russian Federation, this document addressed to the Site user, is an offer (hereinafter referred to as the Offer) of Mybill Marketing Limited Liability Company (hereinafter referred to as the Seller), represented by General Director Yuriy Viktorovich Avinov, acting on the basis of the Charter, to conclude the agreement of accession (hereinafter referred to as the Agreement) under the terms specified below. Full and unconditional acceptance of this Offer (conclusion of the Agreement) shall be the Buyer's performing actions, provided by Clause1.9 of this offer (Agreement) (Article 438 of the Civil Code).
1. Terms, definitions, general provisions
1.1. Buyer is a legally capable citizen, who, by placing an order (hereinafter referred to as the Order) to purchase or purchase and delivery of goods (hereinafter referred to as the Goods) from the catalogue presented on the Site, as a user of the Site (hereinafter referred to as the User), accepts this offer (hereinafter referred to as the Offer) to conclude the Agreement of purchase and sale of Goods (hereinafter referred to as the Agreement).
1.2. Acceptance of Offer shall mean full and unconditional acceptance of the Offer by the Buyer by placing an Order on the Site and/or paying for it in the manner prescribed by the Offer.
1.3. Site is the web-based, visually perceptible set of pages and access control elements for the software and information tools located at the address of the Site, which allows the Buyer to view all necessary information and to place an Order.
1.4. User is a user of the Site.
1.5 Recipient is a person specified by the Buyer who accepts the Goods delivered.
1.6. Order is the Buyer's application for purchase or purchase and delivery of the Goods on the Seller's website, which contains information agreed by both Parties about the quantity and quality characteristics of Goods, as well as the time and place of their delivery, which is additionally agreed between the Buyer and the Seller. The list of information to be agreed by the Parties to the Agreement when placing the Order is determined by Clause 2. 2 of the Offer.
1.7. Goods are stationery and other goods provided for sale on the Site.
1.8. Supplier is an organisation which is a seller of the Goods and/or an agent of the relevant sellers of the Goods, acting on their behalf, which is determined by the Seller as part of the performance of the Order under clause 2.1 of the Agreement.
1.9. The Buyer may place an Order on the Website on the terms and conditions of this Offer.
The Buyer, by placing an Order for the purchase or purchase and delivery of the Goods, information on which is available on the Site, accepts this proposal (offer) of the Seller for concluding a retail sale and purchase agreement for the Goods.
The offer to conclude a retail sale and purchase agreement for individuals (the offer) shall be valid in relation to any Goods during the period, when information on relevant Goods is published on the Site, except the cases when at the moment of forming the Order, the Goods are no longer available for sale.
By seizing the opportunity specified in Clause 1.9 and/or Clause 2.14 of this offer the User confirms that he/she:
a) Is a capable individual, who has joined this Agreement in his/her own interest;
b) Read all conditions of this Agreement in full;
c) Accepts all conditions of this Agreement in full without any exceptions or limitations and undertakes to observe them;
d) The Agreement (offer) (including any of its parts) may be amended by the Seller without any special notice. The new version of the Agreement comes into effect from the moment of its posting on the Site or other convenient form, unless otherwise provided in the new version of the Offer;
e) Has all necessary rights and powers to conclude this Agreement;
f) Agrees that upon receipt of Goods by him/her or by the Recipient, the respective Supplier, information about which was communicated by the Seller according to Clause 3.1.2 of the Agreement, shall be responsible for Goods quality and other obligations of the Seller.
1.10. From the moment of confirmation (execution, placement) of an Order for purchase or purchase and delivery of Goods, made in accordance with rules, posted on the Site, between the Seller and the Buyer (jointly - Parties) shall be concluded in accordance with article 435, 438 of Civil Code of Russian Federation, the Agreement of retail sale of Goods for individuals on conditions of the agreement of accession in accordance with article 428 of Civil Code (further - Agreement) on the following terms and conditions:
2. Subject of the Agreement, terms and conditions of Order and sale (delivery) of Goods
2.1. The Seller, acting under the Agreement on behalf of the Supplier, in accordance with the current price list and catalogues published (posted) on the Site, undertakes to ensure the sale and delivery of Goods for a corresponding fee to the Buyer or to arrange delivery of Goods to the Recipient according to the delivery methods specified by the Supplier, if agreed with the Buyer, and the Buyer undertakes to pay and receive the Goods and the delivery service costs under the conditions of this Agreement.
The Seller undertakes to sell the relevant Supplier's Goods under a agreement with the Buyer under a contract concluded with the relevant Supplier, or under a agreement with other persons acting on their own behalf or on behalf and/or at the expense of the relevant Suppliers.
The quantity and name of the Goods shall be determined by the Buyer's Order, executed in accordance with the rules posted on the Site.
2.2 The total amount of the Buyer's order (hereinafter referred to as the "Order amount") includes the price of the Goods, the delivery costs when agreed with the Buyer in case delivery is chargeable, and may also include a commission required to ensure settlement of the Agreement, accrued on the price of Goods and delivery costs (if any), which amount is determined when the Order is placed and depends on the Order parameters (quantity and price of Goods, delivery costs) before placing (paying) the Order.
2.2.1. The price of the Goods on the Site is displayed in Points (conventional units which are the equivalent of bonus points accepted for payment, awarded according to the conditions of bonus programs of respective organisers).
In this regard, 1 point = 1 ruble of the Russian Federation.
2.2.2. In case of a 100% payment of the price of the Goods and paid delivery by Points, a discount in the amount of the commission (Clause 2.2) can be provided which is not calculated and paid when paying for the Order.
2.3. In case the Buyer indicates remote delivery locations when placing the Order, the delivery to which is agreed by the Parties on an individual basis, the final delivery price and other terms of the Agreement shall be agreed between the Buyer and the Seller by phone or e-mail.
2.4 The Goods shall be delivered to the Recipient at the address specified in the Order.
The delivery time depends on the type of Goods, the place of delivery and the service area. Separate conditions for the delivery of the Goods are set by the Goods Supplier.
2.5. When placing an Order on the Site, the Buyer undertakes to provide the information requested on the Site.
After placing the Order, the Buyer undertakes to agree the specific conditions of sale of Goods by e-mail or phone with the Seller, as well as to agree the conditions of delivery in this way, including providing data of the Recipient, except for the cases when all these conditions are agreed in the Order placement on the Site.
2.6. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the Order, including the personal data provided by the Buyer, as well as for the Buyer's agreed conditions of sale of the Goods specified in Clause 2.5 of the Agreement.
2.7. The Seller and Supplier shall be entitled to engage third parties for the fulfilment of Orders, while remaining responsible for their actions towards the Buyer and the Recipient.
2.8. The price of the Goods shall be specified in Points or Russian Federation roubles.
2.9. The price of the Goods shall be indicated on the Website.
If the price of the Goods ordered by the Buyer is incorrect, the Seller informs the Buyer to confirm the Order at the corrected price or to cancel the Order. If the Buyer cannot be contacted, the Order shall be considered cancelled. If the Order has been paid for, the Seller shall refund the amount paid for the Order to the Buyer in the same manner in which it was paid for.
2.10. The price of the Goods on the Site may be changed unilaterally by the Seller. However, the price of the Goods ordered by the Buyer shall not be subject to change. The Goods' price may be differentiated by regions of the Russian Federation and other delivery locations.
2.11. The Seller shall be entitled to provide discounts on the Goods and establish a bonus program. The types of discounts, bonuses, procedure and conditions of charging are indicated on the Website and may be changed by the Seller unilaterally.
2.12. During the Order placement process, the Buyer may be provided with a calculation of the delivery cost, according to the rates applicable to the delivery of the Goods presented on the Site.
2.13. Methods of payment for the Goods and delivery:
- Online payment through the Site from a bank card account or Buyer's payment system account using an acquiring (payment aggregator) integrated with the Site;
- Online payment with Points available on the Buyer's balance by deducting an appropriate amount of Points from the Buyer's account;
- A combination of online payment from a bank card account and online payment by Points.
The invoice for payment referred to in this clause may be issued to the Buyer by the payment system (aggregator, acquirer) integrated into the Site, in case such technical possibility is provided by the Site's service.
2.14. The Buyer pays for the Order (Goods) after placing the Order.
2.15. When placing an Order on the Site, the Buyer or Buyer's representative consents to the processing of their personal data (including name, surname, patronymic, address of the subject of personal data) in accordance with art. 3, art. 9, art. 15 of the Federal Law No. 152-FZ dated 27/07/2006 “On Personal Data” for the purposes of concluding and performing the Agreement and for sending out catalogues, information about promotions and special offers, and advertising messages. The Buyer's consent to the processing of personal data is granted without time limitation.
2.16. Responsibility for the quality of the Goods, for the performance of other obligations of the Seller under the agreement of sale of the Goods shall be borne by the relevant Supplier of the Goods, who has received payment from the Seller for the relevant Goods. The Seller shall use its best endeavours to resolve disputes between the Supplier and the Buyer.
3. Rights and obligations of the Parties
3.1 The Seller shall be obliged to:
3.1.1 Ensure, with the involvement of third parties, the delivery and handover of the Goods to the Recipient according to the Order accepted for execution, or pass the delivery information to the Seller for arranging the delivery of the relevant Goods.
3.1.2. After the transfer of Goods to the Recipient, inform the Buyer about the completion of his/her Order by sending an SMS to his/her phone number or orally by telephone or to the e-mail address indicated by the Buyer when placing the Order, also by providing information on the Supplier of respective Goods. If no written objection is received from the Buyer within 3 (three) days after sending the notification of the completion of the Order to the Buyer, the obligations of the Seller under this Agreement shall be deemed fulfilled.
3.1.3 If the Recipient refuses to accept the Goods or if the Goods are not available at the place of delivery at the time agreed in the Order, the person delivering the Goods shall accept the Goods for safe storage by notifying the Buyer by phone and/or e-mail indicated when the Order is placed. The Goods accepted for safe custody shall be collected by the Buyer at the time and place indicated by the Seller within 24 hours of their acceptance for safe custody, unless otherwise agreed by the Parties, or a new delivery time shall be agreed upon, subject to payment for repeat delivery.
3.1.4. Consider the Buyer's application under clause 3.3.3 of the Agreement for any questions regarding the return of the Goods and the funds paid for them, and to send the Buyer instructions for the return of the Goods with information on the seller of the Goods and the return of the payment.
3.1.5. In the event that the Goods are returned for legitimate reasons by the Buyer to the relevant Seller, ensure that the points deducted in payment for the relevant Goods and/or funds and/or other means of payment are refunded to the Buyer.
3.2 The Seller shall be entitled to:
3.2.1. Withhold the full delivery cost of the Goods in case the Buyer indicates a non-existent, incorrect or incomplete Recipient's address, except for cases when, by agreement of the Parties, the Buyer pays for re-delivery of the Goods to the corrected address.
3.2.2. Deliver Goods to an address other than the one specified in the Buyer's Order, provided that the new address and delivery time are agreed with the Buyer.
3.2.3. Refuse delivery without refund of the paid sum for Goods delivery or upon agreement of the Parties to receive additional payment of delivery cost from the Buyer in case of specifying incorrect location of the Recipient by the Buyer.
3.3 The Buyer shall be obliged to:
3.3.1 Pay the amount of the Order prior to delivery of the Goods to the Recipient in accordance with the conditions of the Order issued by the Buyer. The Buyer has the right to pay for the ordered Goods by one of the methods described on the Site, as well as by the methods specified in the Order.
3.3.2. Reimburse to the Seller any additional costs incurred through the fault of the Buyer prior to the fulfilment of obligations by the Seller.
3.3.3 Resolve issues regarding the return of the Goods and the funds paid for them, contact the Seller via the feedback form, by phone or with a written request.
4. Final Provisions
4.1 This Agreement comes into force from the moment of placing an Order, which is the acceptance of the offer, and shall remain in force until the Parties perform their obligations set out in and arising from the Agreement in full.
4.2 By placing the Order, the Buyer certifies that he/she accepts the terms and conditions of this Agreement at the time of entering into the Agreement without any objections and in accordance with his/her valid will as the Buyer. By placing the Order, the Buyer has understood the meaning of the terms, words and expressions used in this Agreement according to their legal definition and/or interpretation in accordance with the laws of the Russian Federation.
4.3 The relationship between the Parties shall be subject to the terms and conditions as defined and posted on the Site.
4.4 The form of this Agreement shall be deemed to be in writing pursuant to Article 434 of the Civil Code of the Russian Federation in view of the Parties' exchange of documents (electronic commands) via electronic communication, which allows establishing reliably that the document (Party's decision) comes from the Party under the Agreement.
4.5 The Agreement permits the exchange of documents between the parties via email, as well as via the website service, using the user identification through the user's created personal account. In this case, the documents transmitted in this manner shall have full legal effect, provided that there is an acknowledgement of delivery of the message including them to the Recipient. When the Parties use the electronic mail or personal account of the Site user, the electronic document sent in this way shall be deemed to be signed by a simple electronic signature of the sender, created using his/her email address. Where the electronic document is used to send an electronic document, the Recipient of the electronic document shall identify the person who signed such document by the email address used by him/her. Electronic documents signed with a simple electronic signature are recognised as equivalent to documents on paper signed with a handwritten signature.
4.6. Making claims for forfeits shall be the right of the Parties.
4.7. The Site and the services provided may be temporarily partially or completely unavailable due to maintenance or other work, or for any other reasons of a technical nature.
4.8. In the event of questions and complaints from the User/Buyer who is an individual, he/she shall contact the Seller by phone, email or submit a written complaint.
4.9. In case of any questions or complaints from the Buyer, the complaint procedure shall be compulsory. The deadline for replying to the complaint shall be 10 (ten) working days from the receipt of the complaint. The claim shall contain the claims of the interested party and their justification, indicating the breach of the legal regulations and/or the terms and conditions of the Agreement by the other party. The claim must be accompanied by copies of the documents confirming the circumstances stated therein. If the parties are unable to resolve any disputes by way of complaint, they shall submit them for consideration to a judicial authority in accordance with the current legislation of the Russian Federation at the place of registration (address) of the Seller.
4.10. The laws/legislation of the Russian Federation shall apply to this Agreement.
4.11. This Agreement (offer) is drawn up in Russian. In case this Agreement (offer) is translated into other languages, the Russian interpretation of the Agreement (offer) shall prevail.
4.12. Details of Mybill Marketing LLC