Public Offer Contract
1. General Provisions.
1.1. This agreement determines the procedure for the Seller to purchase and sell the Goods through the online store in accordance with Art. 405 of the Civil Code of the Republic of Belarus (hereinafter - the Civil Code of the Republic of Belarus) and is the official public offer of the Seller addressed to an indefinite circle of persons.
1.2. The fact of acceptance (acceptance) by the Buyer of the terms of this Agreement is the message about the selection and order of the goods sent by clicking the "Place an order" button in the "Basket" section by means of electronic communication, in the manner and under the conditions specified in this Agreement and conditions .408 of the Civil Code of the Republic of Belarus).
1.3. When the Buyer and the Seller are jointly mentioned under the text of this contract, the Parties are referred to as the last, and each is individually a Party.
1.4. Each Party guarantees to the other Party that it has the relevant right and sufficient capacity, as well as all other rights and powers necessary to conclude and execute this agreement.
1.5. By carrying out the Order of the Goods through the online store, the Buyer accepts and agrees with all the conditions set forth in this contract and with the information posted on the Site at the time the Seller makes the Order.
1.6. The requirements of the Laws of the Republic of Belarus "On Trade", "On Protection of Consumer Rights" (hereinafter - the Law) and other regulatory and legal acts of the Republic of Belarus regulating retail sale are applied to relations between the Parties under this agreement.
1.7. The Seller reserves the right to make changes to this agreement and information on the Site, in this connection, the Buyer undertakes to take into account possible changes at the time of contact with the Seller with the Order for the Goods.
1.8. The publication of information that obviously does not correspond to the goods, including prices, photos and product descriptions, is recognized as a technical error.
2. Registration and terms of the order.
2.1. The Buyer's order can be issued by phone and / or through the Site.
2.1.1. When ordering by phone, the Buyer provides the Seller with the following necessary information for ordering: the desired product and quantity, the delivery address of the goods, the contact number, the desired time of receipt of the order.
2.1.2. When placing an Order through the Site, the Buyer shall fill out the electronic Order Form for the Goods and send the generated Order to the Seller via the Internet.
2.2. The information in the Order received by the Seller is agreed with the Buyer or the Recipient by a contact phone or e-mail in order to clarify, including the specific date and time of delivery of the Goods. The exact date and time of delivery depends on the selected product, the place of delivery and the time that the Seller needs to process the Order.
2.3. When ordering through the Site, the Buyer receives a notification e-mail to the e-mail address specified by him, confirming the fact that the buyer has completed the Order form on the Seller's website. This notifying letter is not a confirmation of the fact that the Order is accepted by the Seller.
2.4. In the event that it is found that there is no necessary Goods or the necessary quantity in the Seller's warehouse, the Seller informs the Buyer about this by the contact phone number reflected in the Order. The buyer has the right to agree to accept the Goods in the quantity available from the Seller, or refuse (cancel) the Order.
2.5. In the event that the Buyer has questions regarding the description, properties and characteristics of the Goods, the Buyer must contact the Seller by phone or by means of the online consultation indicated on the Site of the online store modnyiprint.by before placing the Order.
2.6. The Seller has the right to refuse the client to confirm or execute the order if it finds a technical error related to the operation of the software on the side of the Seller or that ensures its operation of third-party services, including the result of illegal actions on the part of third parties.
3. Delivery of goods.
3.1. When ordering the Goods by the Buyer on terms of delivery, the Seller will make every effort to observe the delivery time of the Goods indicated on the Site or agreed with the Buyer after placing the order, without excluding the reasons that may arise and affect the delivery time in the form of unforeseen events and circumstances, occurred not through the fault of the Seller.
3.2. The risk of accidental loss or accidental damage to the Goods passes to the Buyer or the Recipient when the Goods are transferred or the Buyer or the Recipient of the Goods signs their personal signature in the documents confirming the delivery of the Goods.
3.3. At the time of delivery of the Goods, the delivering person demonstrates the appearance and completeness of the Goods to the Buyer and / or Recipient. If the product has external shortcomings, the buyer has the right to refuse the goods.
3.4. The Buyer or the Recipient at the time of receipt of the Goods receives a package of documents for the Goods:
- cash receipt, provided that payment is made at the time of receipt of the order;
- warranty card, provided that it is provided by the manufacturer.
3.5. After the receipt of the Goods by the Buyer or the Recipient, the Seller does not accept any claims for the quality and completeness of the Goods except for claims that have as their justification the conclusion of an authorized service center.
3.6. Verification of the Goods must be made with preservation of presentation.
4. Payment for the goods.
4.1. The price of the Goods is indicated next to a certain product name on the online store modnyiprint.by on the product page in Belarusian rubles and includes the value added tax.
4.2. The price of the Goods on the Site of the online store modnyiprint.by can be changed by the Seller unilaterally. At the same time, the price for the Goods for which the Order is issued is not subject to change.
4.3. Payment for the Goods by the Buyer or the Recipient is made in Belarusian rubles in the form and in the ways indicated by the Seller in the section "payment and delivery" on the website of the online store modnyiprint.by.
4.4. The Seller has the right to provide the Buyer or the Recipient with discounts on the Goods and install a bonus program. Types of discounts, the procedure and terms for charging and providing bonuses are indicated on the website of the online store in public access and can be changed by the Seller unilaterally.
5. Warranties and liability.
5.1. The Seller shall not be liable for any damage caused to the Buyer or the Recipient due to improper use of the last Product purchased in the Seller's online store.
5.2. The seller is not responsible for the content and operation of other Internet sites.
5.3. The Seller has the right to assign or otherwise transfer his rights and obligations arising from his relationship with the Buyer or the Buyer to third parties.
5.4. The Seller is not responsible for the consequences associated with the actions of the Buyer or the Recipient in the event of using the Goods purchased from the Seller for business purposes.
5.5. The Seller shall not be liable for losses of the Buyer or the Recipient resulting from:
- the provision of unreliable information when agreeing the Order, incl. incorrect identification of identification information;
- illegal actions of third parties.
5.6. The Buyer or the Recipient bears full responsibility for the authenticity of the identification information specified by him when ordering the Goods in the online store.
5.7. The parties are exempted from liability for full or partial failure to fulfill their obligations if such failure was a consequence of force majeure circumstances that arose after the entry into force of this treaty and / or as a result of extraordinary events that the Parties could not foresee and prevent by reasonable measures.
5.8. In other cases not provided for in paragraph 5.7 of this agreement, for failure to perform or improper performance of their obligations, the Parties shall be liable in accordance with the current legislation of the Republic of Belarus.
5.9. In case of unreasonable refusal to purchase the goods, the Buyer is obliged to reimburse the Seller's costs associated with the delivery of the Goods to the Buyer, as well as 20% of the cost of the goods in the event the Buyer chooses the payment method "At the post office (cash on delivery)", the delivery method "Mail Delivery".
5.10. In cases of unjustified refusal of a confirmed order and purchase of the Goods from the catalog section FOR FURNITURE , the Buyer is obliged to reimburse the seller's costs associated with the delivery of the Goods to the Buyer, as well as 50% of the order value.
6. Other conditions.
6.1. The law of the Republic of Belarus applies to the relations between the Buyer and the Seller.
6.2. In case of questions and claims from the Buyer or the Recipient, he should contact the Seller by phone or via the "Feedback" form on the online store website.
6.3. All the disputes the Parties will try to resolve through negotiations. If the mutually beneficial agreement is not reached, the dispute between the Parties will be referred to the judicial body in accordance with the current legislation of the Republic of Belarus.
6.4. Recognition by the court of the invalidity of any provision of this contract does not entail the invalidity of its remaining provisions.
6.5. The Seller has the right to use the e-mail address and phone numbers of the Buyer to send information messages.
6.6. The seller has the right to demand from the Customer 100% of the prepayment of the ordered goods before the delivery of the goods ordered by the Buyer. The Seller has the right to refuse the Buyer to deliver the goods in the absence of such payment. The Seller has the right to demand 100% advance payment of the ordered goods from the Buyer in the following cases:
- if the Buyer previously made orders, but refused to buy out the ordered goods delivered on time and in the proper quality,
- for other reasons at the discretion of the online store.
6.7. The Seller has the right to make restrictions simultaneously delivered to the Buyer of the Goods.
6.8. The Seller has the right not to confirm or cancel the order and notify the Buyer about it, refuse to pay and / or sell the Goods at the specified price, if it resulted from a technical error or illegal actions on the part of third parties. The cost of goods can be a consequence of these circumstances, if it differs from the median value of this model / product modification by the market at this time by more than 20%. In such a case, the Seller has the right to refuse payment and / or sale of the goods at the specified price.
7. The requisites of the Seller.