Public offer agreement for the sale of goods
Individual entrepreneur Vladislav Viktorovich Bykov, OGRNIP 319213000039930, TIN 212305135872, hereinafter referred to as the "Contractor", publishes a Public offer for the sale of goods based on samples presented on the official website, as well as on an individual order from the Customer.
In accordance with Article 437 of the Civil Code of the Russian Federation (CC RF), this document is a public offer, and if the conditions set out below are accepted, the individual accepting this offer will pay for the Contractor's Goods in accordance with the terms of this Agreement. In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, payment for Goods by the Customer is an acceptance of the offer, which is considered equivalent to concluding a Contract on the terms set out in the offer.
This Contract for the provision of individual tailoring services is a public offer by Individual Entrepreneur Vladislav Viktorovich Bykov, acting on the basis of a Certificate of state registration of an individual as an individual entrepreneur series No. IE9965-25-399291, TIN 212305135872, OGRNIP 319213000039930, hereinafter referred to as the "Contractor", which expresses the intention to conclude a public offer agreement for provision of services (hereinafter - Agreement) with individuals and legal entities, individual entrepreneurs, hereinafter referred to as the "Customer", hereinafter collectively referred to as the "Parties", in accordance with the procedure and on the terms provided for in this Agreement. The public offer agreement for the provision of custom tailoring services contains all the essential conditions.
1. TERMS AND DEFINITIONS USED IN THE AGREEMENT
1.1. Offer - this public offer agreement for the provision of custom tailoring services, published on the Internet at:
1.2. Acceptance of the offer – full and unconditional acceptance of the offer by performing the actions specified in clause 1.9 of the offer. Acceptance of an offer creates a contract.
1.3. Contract – an agreement between the "Contractor" and the "Customer" for the provision of individual tailoring services, which is concluded by accepting the offer.
1.4. The Customer is a person who has applied for the provision of individual tailoring services to the "Contractor" in accordance with the terms of this Agreement.
1.5. Contractor – provides customized tailoring services to the "Customer" under the Contract.
1.6. Individual tailoring is the process of tailoring according to the individual request of the "Customer". When ordering, the "Customer" is obliged to provide his measurements, color, style and article of the selected model, as well as individual wishes for the product.
1.7. Application for individual tailoring is an application for individual tailoring completed on the official website of the "Contractor" or by phone.
1.8. The website is an information resource of the "Contractor", posted on the Internet at:
1.9. Acceptance of the terms of the Agreement – the actions of the "Customer" to accept the terms of this Agreement are expressed in a request for the size and entry of personal data (size and phone number). When going to the official website of the "Contractor", the "Customer" is obliged to familiarize himself with the terms of the submitted offer agreement.
1.12 Payment date – receipt of funds to the Contractor's current account.
1.13 Product – clothing, shoes, accessories made at the individual request of the Customer or selected from the Contractor's assortment.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor undertakes at the request of the Customer:
to provide services of individual tailoring of products;
to sell ready–made clothes, shoes, bags and accessories (hereinafter referred to as "Goods").
2.2. The Customer undertakes to pay for the cost of Goods and services under the terms of this agreement.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Contractor undertakes to:
·Provide services and Goods in accordance with the terms of this agreement;
·Notify the Customer about the availability of Goods and services using the contact information provided on the Website;
·Transfer the Goods and the results of the performed services for delivery within the time limits agreed with the Customer;
·Maintain confidentiality of information provided by the Customer;
·Manufacture products based on the data provided by the Customer;
·Use your own materials and accessories for custom tailoring.
3.2. The Contractor has the right:
·To change the terms of this agreement by publishing the changes on the Website;
·Suspend the performance of services if the Customer violates the terms of the contract;
·Refuse to fulfill the order if the Customer provides false information.
3.3. The Customer undertakes to:
·Provide reliable information for the performance of services, including measurements and order requests;
·Pay for services and Goods in accordance with the terms of this agreement;
·Accept the Goods and the results of the services performed within the agreed time frame;
·Be fully responsible for the measurements and information provided to them about the desired order;
·Do not use the Contractor's Goods for illegal purposes.
·Do not disclose information related to the provision of services to third parties, including, but not limited to:
- Screenshots of correspondence between the Requester and the Contractor;
- Working conditions stipulated in the framework of the provision of services;
- Personal data of the Contractor and other information that became known to the Customer in the course of cooperation.
3.4. The Customer has the right:
·Receive information about the status of services performed and Goods delivered;
·To demand proper fulfillment of the terms of the contract from the Contractor;
4. ORDER AND EXECUTION PROCEDURE
4.1. The Order is carried out through the Website or by other means agreed upon by the parties. 4.2. The cost of custom-made products is calculated for each Customer individually and depends on the amount of work, the complexity of the design and the materials used.
4.3. The terms of manufacture of products according to individual measurements are agreed upon by the parties in each specific case.
4.4. The Contractor notifies the Customer of the readiness of the Goods or the performance of the services according to the contact information provided on the Website.
4.5. The Customer is responsible for any errors made in the provided measurements or other information related to the order.
5. DELIVERY
5.1. The delivery method and service are agreed individually with each Customer. 5.2. The cost of delivery is not included in the price of Goods or services and is paid by the Customer separately. 5.3. The risk of accidental loss or accidental damage to the results of work and Goods from the moment they are transferred by the Contractor for delivery is borne by the Customer.
5.4. The Contractor is not responsible for the actions of the transport and courier services.
6. TERMS OF PAYMENT
6.1. The cost of the "Contractor's" services under this agreement is determined specifically for each application for each "Customer", based on the volume of services, the cost of the material and other components.
6.2. Payment is made to the individual entrepreneur's checking account in Russian rubles, US dollars, euros or other currencies agreed upon by the parties.
6.3. The Contractor has the right to offer alternative payment methods depending on the Customer's country.
6.4. Payment is made 100% in advance.
6.5. The Order is considered paid from the moment the funds are credited to the Contractor's account.
7. RETURN AND EXCHANGE
7.1. Products made to order according to individual measurements are not subject to return and exchange (clause 2 of Article 26.1 of the Law of the Russian Federation "On Consumer Rights Protection").
7.2. Finished Goods in stock may be returned or exchanged in accordance with the legislation of the Russian Federation. Shipping costs are borne by the Customer.
7.3. Gift certificates purchased at the VLAD BYKOV fashion house are an advance payment for services or goods. There is no refund for unused certificates. The certificates are valid for 12 months from the date of purchase. Upon expiration, the certificate is revoked.
8. LIABILITY OF THE PARTIES
8.1. The Contractor is responsible for the proper performance of services and the transfer of Goods in accordance with the terms of this agreement.
8.2. The Contractor is not responsible for:
·non-receipt of Goods due to incorrect delivery data provided by the Customer;
·possible delays caused by transport services;
·the risk of accidental loss or accidental damage to Goods and work results from the moment they are delivered;
·non-fulfillment of obligations for the reasons specified in the "Force majeure circumstances" section.
8.3. The Customer is responsible for:
·the reliability of the information provided;
·timely payment for services and goods;
·acceptance of Goods and the results of services performed within the agreed time frame;
·errors in the provided measurements and other data required to complete the order.
8.4. The Parties are responsible for violating the terms of this agreement in accordance with the current legislation of the Russian Federation.
9. FORCE MAJEURE CIRCUMSTANCES
9.1. The Parties are released from liability for partial or complete non-fulfillment of obligations under this agreement, if such non-fulfillment is caused by force majeure circumstances beyond the control of the parties.
9.2. Force majeure circumstances include: natural disasters, military actions, strikes, acts of state authorities, technical failures in transport or communications, and other circumstances that cannot be foreseen or prevented by reasonable measures.
9.3. The Party faced with force majeure circumstances is obliged to notify the other party within 5 working days from the moment of their occurrence.
9.4. If force majeure continues for more than 30 calendar days, either party has the right to terminate the agreement by notifying the other party.
10. PROCESSING OF PERSONAL DATA 10.1. The Customer gives the Contractor his consent to the processing of personal data, including, but not limited to: last name, first name, patronymic, contact phone number, email address, postal address and other data provided by the Customer when placing an order.
10.2. The purpose of personal data processing is to fulfill obligations under this agreement, organize the delivery of Goods, inform about the status of the order and the performance of services.
10.3. The Contractor undertakes not to transfer personal data to third parties, except in cases stipulated by the current legislation of the Russian Federation.
11. DISPUTE RESOLUTION
11.1. All disputes and disagreements that may arise during the performance of the terms of the Agreement, the Parties will strive to resolve through negotiations.
11.2. Disputes that are not settled through negotiations are settled in court in accordance with the procedure established by the current legislation of the Russian Federation.
12. FINAL PROVISIONS
12.1. This agreement is governed by the laws of the Russian Federation.
12.2. The Contractor has the right to make changes to this agreement by publishing them on the Website. The changes will take effect from the moment they are published.
DETAILS OF THE CONTRACTOR
Individual entrepreneur: Vladislav Viktorovich Bykov
TAX ID: 212305135872
OGRNIP: 319213000039930
Current account: 4070 2810 5380 0046 7277
Bank: Sberbank PJSC, Moscow