public offer
PUBLIC OFFER
about the conclusion of the purchase and sale agreement
1. General provisions
This Public Offer contains the terms of the Purchase and Sale Agreement (hereinafter referred to as the "Purchase and Sale Agreement" and/or the "Agreement"). This offer is an offer addressed to one or more specific persons, which is quite specific and expresses the intention of the person who made the offer to consider himself to have concluded a Contract with the addressee, who will accept the offer.
The performance of the actions specified in this Offer is a confirmation of the agreement of both Parties to conclude a Purchase and Sale Agreement on the terms, in the manner and to the extent set out in this Offer.
The following text of the Public Offer is an official public offer of the Seller, addressed to an interested group of persons to conclude a Purchase and Sale Agreement in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The purchase and sale Agreement is considered concluded and becomes effective from the moment the Parties perform the actions provided for in this Offer, which mean unconditional, as well as full acceptance of all the terms of this Offer without any exceptions or restrictions on the terms of accession.
Terms and definitions:
The Contract is the text of this Offer with Appendices that are an integral part of this Offer, accepted by the Buyer by performing the specific actions provided for in this Offer.
Definitive actions are behaviors that express agreement with the counterparty's proposal to conclude, amend, or terminate the contract. The actions consist in the full or partial fulfillment of the conditions proposed by the counterparty.
The Seller's website on the Internet is a set of programs for electronic computers and other information contained in an information system, which is accessed via the Internet by domain name and network address: https://nightmortan.com/
The Parties to the Agreement(s) are the Seller and the Buyer.
A commodity under a contract of sale may be any item in compliance with the rules provided for in Article 129 of the Civil Code of the Russian Federation.
2. Subject of the agreement
2.1. Under this Agreement, the Seller undertakes to transfer the item (Goods) to the Buyer's ownership, and the Buyer undertakes to accept the Goods and pay a certain amount of money for them.
2.2.The name, quantity, and assortment of the Product, its cost, delivery procedure, and other conditions are determined based on the Seller's information when making an application by the Buyer, or are set on the Seller's website on the Internet_ https://nightmortan.com/
2.3. Acceptance of this Offer is expressed in the commission of specific actions, in particular:
· actions related to the registration of an account on the Seller's Website on the Internet, if there is a need to register an account;
·by drawing up and filling out an application for placing an order for a Product;
·by providing the information required for the conclusion of the Contract by phone, e-mail, indicated on the Seller's website on the Internet, including when the Seller calls back at the request of the Buyer;
·payment of the Goods by the Buyer.
This list is not exhaustive, there may be other actions that clearly express the intention of the person to accept the counterparty's offer.
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 accordance with the procedure and on the terms stipulated in the Agreement.;
3.1.2. To refuse to conclude a Contract on the basis of this Offer to the Buyer in case of his unfair behavior, in particular, in the case of:
· more than 2 (Two) refusals of Goods of proper quality during the year;
· providing deliberately false personal information;
· return of Goods damaged by the Buyer or used Goods;
· other cases of unfair behavior, indicating the conclusion of a Contract by the Buyer for the purpose of abuse of rights, and the absence of the usual economic purpose of the Contract — the purchase of Goods.
3.1.3. The Seller undertakes to deliver the Goods of proper quality and in proper packaging to the Buyer within 30 working days.;
3.1.4. Transfer the Goods free from the rights of third parties;
3.1.5. Arrange the delivery of Goods to the Buyer;
3.1.6. Provide the Buyer with all necessary information in accordance with the requirements of the current 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 the transfer of the Goods in accordance with the procedure and on the terms stipulated in the Contract.
3.2.2. Require the provision of all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
3.2.3. To refuse the Goods on the grounds stipulated by the Agreement and the current legislation of the Russian Federation.
3.2.4. The Buyer undertakes to provide the Seller with reliable information necessary for the proper execution of the Contract.;
3.2.5. Accept and pay for the Goods in accordance with the terms of the Agreement;
3.2.6. The Buyer guarantees that all the terms of the Agreement are clear to him; the Buyer accepts the terms without reservations, as well as in full.
4. Price and payment procedure
4.1.The cost, as well as the payment procedure for the Goods, is determined based on the Seller's information when making an application by the Buyer, or are set on the Seller's website on the Internet: https://nightmortan.com/
4.2. All payments under the Agreement are made by bank transfer.
5. Exchange, refund of goods and funds
5.1 The buyer has the right to make a refund (exchange) To the Seller of the Goods purchased remotely, with the exception of the list of goods that cannot be exchanged or returned in accordance with the current legislation of the Russian Federation. The conditions, terms and procedure for the return of Goods of proper and improper quality are established in accordance with the requirements of the Civil Code of the Russian Federation, the Law of the Russian Federation dated 07.02.1992 N 2300-1 "On Consumer Rights Protection"; Rules approved by the Decree of the Government of the Russian Federation dated 31.12.2020 N 2463.
5.2 The Buyer has the right to refund the funds within 2 days from the moment of placing the order. The buyer has the right to contact the store and ask to exchange an item of clothing for a similar one. You can replace the item within 14 days (not counting the moment of purchase). The product must retain its presentation, labels, tags, and labels. An important point is the absence of traces of socks and the available evidence of its purchase from the Seller.
6. Privacy and Security
6.1. When implementing this Agreement, the Parties shall ensure the confidentiality and security of personal data in accordance with the current version of Federal Law No. 152-FZ dated 27.07.2006 "On Personal Data" and Federal Law No. 149-FZ dated 27.07.2006 "On Information, Information Technologies and Information Protection".
6.2. The Parties undertake to maintain the confidentiality of the information received during the execution of this Agreement and to take all possible measures to protect the information received from disclosure.
6.3. Confidential information means any information transmitted by the Seller and the Buyer during the implementation of the Agreement and subject to protection, the exceptions are listed below.
6.4.Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, diagrams, schedules, specifications and other documents provided by the Seller, both on paper and on electronic media.
7. Force majeure
7.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement if proper fulfillment proved impossible due to force majeure, that is, circumstances that are extraordinary and unavoidable under these conditions, which include: prohibited actions by the authorities, epidemics, blockades, embargoes, earthquakes, floods, fires or other natural disasters.
7.2. In the event of these circumstances, the Party is obliged to notify the other Party within 30 (Thirty) business days.
7.3. A document issued by an authorized state body is sufficient evidence of the existence and duration of force majeure.
7.4. If force majeure circumstances continue to apply for more than 60 (Sixty) business days, each Party has the right to unilaterally withdraw from this Agreement.
8. Responsibility of the Parties
8.1. In case of non-fulfillment and/or improper fulfillment of their obligations under the Agreement, the Parties are liable in accordance with the terms of this Offer.
8.2. A Party that has failed to fulfill or improperly fulfilled its obligations under the Agreement is obliged to compensate the other Party for the losses caused by such violations.
9. The validity period of this Offer
9.1. The Offer comes into force from the moment of posting on the Seller's Website and is valid until the moment of its withdrawal 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 discretion. Information about the modification or withdrawal of the Offer is communicated to the Buyer at the Seller's choice by posting on the Seller's website on the Internet, in the Buyer's Personal Account, or by sending a corresponding notification to the email or postal address specified by the Buyer at the conclusion of the Contract or during its execution.
9.3. 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.
9.4.Changes made by the Seller to the Agreement and published on the website in the form of an updated Offer are considered accepted by the Buyer in full.
10.Additional conditions
10.1. The Agreement, its conclusion and execution are regulated by the current legislation of the Russian Federation. All issues not regulated by this Offer or not fully regulated are regulated in accordance with the substantive law of the Russian Federation.
10.2.In the event of a dispute that may arise between the Parties during the performance of their obligations under the Agreement concluded under the terms of this Offer, the Parties are obliged to settle the dispute amicably before the start of the court proceedings.
The judicial proceedings are conducted in accordance with the legislation of the Russian Federation.
Disputes or disagreements on which the Parties have not reached an agreement are subject to resolution in accordance with the legislation of the Russian Federation. The pre-trial dispute settlement procedure is mandatory.
10.3. The Parties have designated Russian as the language of the Agreement concluded under the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, provision of requirements/ notifications/clarifications, provision of documents, etc.).
Russian Russian translation 10.4. All documents to be submitted in accordance with the terms of this Offer must be written in Russian or translated into Russian, certified in accordance with the established procedure.
10.5. Inaction by one of the Parties in case of violation of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, nor does it mean a waiver of its rights in case one of the Parties commits similar or similar violations in the future.
10.6.If there are links to other websites and materials of third parties on the Seller's Website on the Internet, such links are placed solely for informational purposes, and the Seller has no control over the content of such sites or materials. The Seller is not responsible for any loss or damage that may result from the use of such links.
11. Details of the Seller
Full name: INDIVIDUAL ENTREPRENEUR ZAKHAROVA ANNA ALEXANDROVNA
TAX ID: 972103087616
OGRN/OGRNIP: 324774600322609
Contact phone number: +7 905 778 1767
Contact e-mail: nightmortan@gmail.com
about the conclusion of the purchase and sale agreement
1. General provisions
This Public Offer contains the terms of the Purchase and Sale Agreement (hereinafter referred to as the "Purchase and Sale Agreement" and/or the "Agreement"). This offer is an offer addressed to one or more specific persons, which is quite specific and expresses the intention of the person who made the offer to consider himself to have concluded a Contract with the addressee, who will accept the offer.
The performance of the actions specified in this Offer is a confirmation of the agreement of both Parties to conclude a Purchase and Sale Agreement on the terms, in the manner and to the extent set out in this Offer.
The following text of the Public Offer is an official public offer of the Seller, addressed to an interested group of persons to conclude a Purchase and Sale Agreement in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The purchase and sale Agreement is considered concluded and becomes effective from the moment the Parties perform the actions provided for in this Offer, which mean unconditional, as well as full acceptance of all the terms of this Offer without any exceptions or restrictions on the terms of accession.
Terms and definitions:
The Contract is the text of this Offer with Appendices that are an integral part of this Offer, accepted by the Buyer by performing the specific actions provided for in this Offer.
Definitive actions are behaviors that express agreement with the counterparty's proposal to conclude, amend, or terminate the contract. The actions consist in the full or partial fulfillment of the conditions proposed by the counterparty.
The Seller's website on the Internet is a set of programs for electronic computers and other information contained in an information system, which is accessed via the Internet by domain name and network address: https://nightmortan.com/
The Parties to the Agreement(s) are the Seller and the Buyer.
A commodity under a contract of sale may be any item in compliance with the rules provided for in Article 129 of the Civil Code of the Russian Federation.
2. Subject of the agreement
2.1. Under this Agreement, the Seller undertakes to transfer the item (Goods) to the Buyer's ownership, and the Buyer undertakes to accept the Goods and pay a certain amount of money for them.
2.2.The name, quantity, and assortment of the Product, its cost, delivery procedure, and other conditions are determined based on the Seller's information when making an application by the Buyer, or are set on the Seller's website on the Internet_ https://nightmortan.com/
2.3. Acceptance of this Offer is expressed in the commission of specific actions, in particular:
· actions related to the registration of an account on the Seller's Website on the Internet, if there is a need to register an account;
·by drawing up and filling out an application for placing an order for a Product;
·by providing the information required for the conclusion of the Contract by phone, e-mail, indicated on the Seller's website on the Internet, including when the Seller calls back at the request of the Buyer;
·payment of the Goods by the Buyer.
This list is not exhaustive, there may be other actions that clearly express the intention of the person to accept the counterparty's offer.
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 accordance with the procedure and on the terms stipulated in the Agreement.;
3.1.2. To refuse to conclude a Contract on the basis of this Offer to the Buyer in case of his unfair behavior, in particular, in the case of:
· more than 2 (Two) refusals of Goods of proper quality during the year;
· providing deliberately false personal information;
· return of Goods damaged by the Buyer or used Goods;
· other cases of unfair behavior, indicating the conclusion of a Contract by the Buyer for the purpose of abuse of rights, and the absence of the usual economic purpose of the Contract — the purchase of Goods.
3.1.3. The Seller undertakes to deliver the Goods of proper quality and in proper packaging to the Buyer within 30 working days.;
3.1.4. Transfer the Goods free from the rights of third parties;
3.1.5. Arrange the delivery of Goods to the Buyer;
3.1.6. Provide the Buyer with all necessary information in accordance with the requirements of the current 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 the transfer of the Goods in accordance with the procedure and on the terms stipulated in the Contract.
3.2.2. Require the provision of all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
3.2.3. To refuse the Goods on the grounds stipulated by the Agreement and the current legislation of the Russian Federation.
3.2.4. The Buyer undertakes to provide the Seller with reliable information necessary for the proper execution of the Contract.;
3.2.5. Accept and pay for the Goods in accordance with the terms of the Agreement;
3.2.6. The Buyer guarantees that all the terms of the Agreement are clear to him; the Buyer accepts the terms without reservations, as well as in full.
4. Price and payment procedure
4.1.The cost, as well as the payment procedure for the Goods, is determined based on the Seller's information when making an application by the Buyer, or are set on the Seller's website on the Internet: https://nightmortan.com/
4.2. All payments under the Agreement are made by bank transfer.
5. Exchange, refund of goods and funds
5.1 The buyer has the right to make a refund (exchange) To the Seller of the Goods purchased remotely, with the exception of the list of goods that cannot be exchanged or returned in accordance with the current legislation of the Russian Federation. The conditions, terms and procedure for the return of Goods of proper and improper quality are established in accordance with the requirements of the Civil Code of the Russian Federation, the Law of the Russian Federation dated 07.02.1992 N 2300-1 "On Consumer Rights Protection"; Rules approved by the Decree of the Government of the Russian Federation dated 31.12.2020 N 2463.
5.2 The Buyer has the right to refund the funds within 2 days from the moment of placing the order. The buyer has the right to contact the store and ask to exchange an item of clothing for a similar one. You can replace the item within 14 days (not counting the moment of purchase). The product must retain its presentation, labels, tags, and labels. An important point is the absence of traces of socks and the available evidence of its purchase from the Seller.
6. Privacy and Security
6.1. When implementing this Agreement, the Parties shall ensure the confidentiality and security of personal data in accordance with the current version of Federal Law No. 152-FZ dated 27.07.2006 "On Personal Data" and Federal Law No. 149-FZ dated 27.07.2006 "On Information, Information Technologies and Information Protection".
6.2. The Parties undertake to maintain the confidentiality of the information received during the execution of this Agreement and to take all possible measures to protect the information received from disclosure.
6.3. Confidential information means any information transmitted by the Seller and the Buyer during the implementation of the Agreement and subject to protection, the exceptions are listed below.
6.4.Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, diagrams, schedules, specifications and other documents provided by the Seller, both on paper and on electronic media.
7. Force majeure
7.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement if proper fulfillment proved impossible due to force majeure, that is, circumstances that are extraordinary and unavoidable under these conditions, which include: prohibited actions by the authorities, epidemics, blockades, embargoes, earthquakes, floods, fires or other natural disasters.
7.2. In the event of these circumstances, the Party is obliged to notify the other Party within 30 (Thirty) business days.
7.3. A document issued by an authorized state body is sufficient evidence of the existence and duration of force majeure.
7.4. If force majeure circumstances continue to apply for more than 60 (Sixty) business days, each Party has the right to unilaterally withdraw from this Agreement.
8. Responsibility of the Parties
8.1. In case of non-fulfillment and/or improper fulfillment of their obligations under the Agreement, the Parties are liable in accordance with the terms of this Offer.
8.2. A Party that has failed to fulfill or improperly fulfilled its obligations under the Agreement is obliged to compensate the other Party for the losses caused by such violations.
9. The validity period of this Offer
9.1. The Offer comes into force from the moment of posting on the Seller's Website and is valid until the moment of its withdrawal 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 discretion. Information about the modification or withdrawal of the Offer is communicated to the Buyer at the Seller's choice by posting on the Seller's website on the Internet, in the Buyer's Personal Account, or by sending a corresponding notification to the email or postal address specified by the Buyer at the conclusion of the Contract or during its execution.
9.3. 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.
9.4.Changes made by the Seller to the Agreement and published on the website in the form of an updated Offer are considered accepted by the Buyer in full.
10.Additional conditions
10.1. The Agreement, its conclusion and execution are regulated by the current legislation of the Russian Federation. All issues not regulated by this Offer or not fully regulated are regulated in accordance with the substantive law of the Russian Federation.
10.2.In the event of a dispute that may arise between the Parties during the performance of their obligations under the Agreement concluded under the terms of this Offer, the Parties are obliged to settle the dispute amicably before the start of the court proceedings.
The judicial proceedings are conducted in accordance with the legislation of the Russian Federation.
Disputes or disagreements on which the Parties have not reached an agreement are subject to resolution in accordance with the legislation of the Russian Federation. The pre-trial dispute settlement procedure is mandatory.
10.3. The Parties have designated Russian as the language of the Agreement concluded under the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, provision of requirements/ notifications/clarifications, provision of documents, etc.).
Russian Russian translation 10.4. All documents to be submitted in accordance with the terms of this Offer must be written in Russian or translated into Russian, certified in accordance with the established procedure.
10.5. Inaction by one of the Parties in case of violation of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, nor does it mean a waiver of its rights in case one of the Parties commits similar or similar violations in the future.
10.6.If there are links to other websites and materials of third parties on the Seller's Website on the Internet, such links are placed solely for informational purposes, and the Seller has no control over the content of such sites or materials. The Seller is not responsible for any loss or damage that may result from the use of such links.
11. Details of the Seller
Full name: INDIVIDUAL ENTREPRENEUR ZAKHAROVA ANNA ALEXANDROVNA
TAX ID: 972103087616
OGRN/OGRNIP: 324774600322609
Contact phone number: +7 905 778 1767
Contact e-mail: nightmortan@gmail.com