Public Offer

PUBLIC OFFER

(Agreement for the sale of goods)

This Offer is valid on the territory of the whole world from the date of its publication on the website https://store.shungite.com.

Given the importance of the following, a person interested in purchasing the Goods on the terms set forth in this Offer is strongly advised to carefully read the information provided, and in case of disagreement with any item, it is proposed to refuse to purchase the Goods presented by the Agent.

1. GENERAL PROVISIONS

1.1. This Agreement is a public offer, and contains the Agent's proposal to conclude with any individual who has reached the age of 18 (the Buyer), a contract for the sale of Goods, based on familiarization with their description on the Site. Acceptance of this Offer is the Buyer's placing an Order for one or more Products presented on the Site and paying for it.

1.2. In this Offer, the following terms have the following meanings:

- Agent - a person acting on behalf of the Seller (its Principal), providing a service for placing the Order of the Goods, the description of which is presented on the Site, accepting the appropriate payment from the Buyer, transferring the Order and payment to the Principal, who bears the obligation to the Buyer to transfer the Goods to him in the manner, defined in this Offer. The agent under this agreement is Dokukina M., TIN 23478086 (Site Administrator).

- Principal - the Seller of the Goods, after receiving the Order from the Agent, assuming the responsibility for the sale and delivery of the ordered Goods;

- Buyer - an individual who has reached the age of 18, who purchases the Goods exclusively for personal needs, not related to the implementation of entrepreneurial activities, who has entered into an Agreement on the terms contained in this Offer;

- Offer, Agreement - this document, which is a public offer of the Agent, which is made on its own behalf, on behalf of and at the expense of the Principal and is addressed to any individual who has reached the age of 18, to conclude a Sale and Purchase Agreement on the terms contained in the Offer, including all her applications;

- Acceptance - full and unconditional acceptance by the Buyer of the terms of the Offer;

- Product - an object of purchase, an item (or several items) from the assortment list presented on the Agent's Website;

- Order - individual items specified by the Buyer for purchase from the assortment list of Products presented on the Agent's Website when placing an application on the website or through online managers.

- Delivery - a service for the delivery of the Goods to the address specified by the Buyer, and transferring it to the Buyer, or to the person specified by the Buyer;

- Delivery service - a third party, determined by the Buyer from the available list on the Site, delivering the Goods to the Buyer, or authorized on behalf and at the expense of the Seller to conclude an appropriate Delivery Agreement. The Agent may be such a person;

- Site - a set of electronic resources available for viewing and use in order to purchase Goods by Buyers on the Internet at https://store.shungite.com, managed by the Agent.

2. SUBJECT OF THE CONTRACT

2.1. The Agent, on his own behalf and on behalf of the Seller, assists the Buyer in forming an Order for the Goods selected by the Buyer in order to conclude an Agreement, and the Buyer pays for the Goods at the prices specified in the description of the Goods on the corresponding page of the Site, on the terms of this Offer, the current version of which is posted on Website at https://store.shungite.com/public-offer.html.html?sl=en

2.2. Under this Agreement, concluded through the Agent acting through the Site, the Seller is the obligated person, with the exception of the functions that the Agent is obliged to perform independently (clause 3.1. Of the Offer).

 

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The agent, acting on his own behalf and on behalf of the Seller, is obliged to:

3.1.1. Provide the Users with complete and up-to-date information about the Products offered for sale by posting their photos and basic characteristics on their Site. Advise Buyers on the characteristics and properties of the Products posted on the Agent's Site, the procedure for placing an Order, paying for it and on other issues arising during the use of the Site and making a purchase.

3.1.2. Provide the Buyer with the opportunity to choose the Products he needs using the software of the Site and to form an Order in the manner determined by the User Agreement and additional instructions (tips) posted on the Site.

3.1.3. Provide the Buyer with the opportunity to choose the Delivery Service using the software of the Site in the manner determined by the User Agreement and additional instructions (tips) posted on the Site.

3.1.4. Immediately process and accept the Order placed by the Buyer.

3.1.5. Accept the payment made by the Buyer on the Site for the Goods selected by him and indicated in the Order, as well as for the delivery of the Goods by the Delivery Service chosen by the Buyer.

3.1.6. Immediately after payment, transfer the Order for execution to the Seller.

3.2. Obligations of the Seller when the Buyer concludes this Agreement through the Agent:

3.2.1. Transfer (or manufacture and transfer) the Goods selected by the Buyer to the Delivery Service for the Order within no more than 7 days from the date of payment.

3.2.2. Transfer the Goods to the Delivery Service chosen by the Buyer, which must be packed in a manner suitable for such Goods, ensuring the safety of the Goods under the conditions of their storage and transportation provided for in the Agreement. The container is not returnable. The cost of packaging is included in the cost of the Goods.

3.2.3. Simultaneously with the Goods, transfer to the Buyer the accessories of the Goods, if any, as well as the documents related to it.

3.1.4. Timely provide the Buyer with the necessary information about the Goods. The Buyer is informed that all materials presented on the website https://store.shungite.com are for reference purposes only and cannot fully convey comprehensive information about certain properties and characteristics of the Products. If the Buyer has any questions regarding the properties and characteristics of the Goods, before placing the Order and before concluding the Agreement, he has the right to seek advice from the Agent.

3.3. The buyer is obliged:

3.3.1. Pay for the ordered Goods in the manner and within the time limits established by this Offer.

3.3.2. Select the Delivery Service of the Goods and pay for its cost indicated on the Site.

3.3.3. After the delivery of the Goods, accept them in terms of quantity, quality, assortment and completeness in accordance with the terms of the Offer.

3.3.4. In case of refusal to fulfill the Agreement, return the Goods to the Seller with reimbursement of the actual costs incurred by him in the delivery of the Goods and their return.

3.4. The seller has the right:

3.4.1. Cancel the Order if payment has not been made within 7 days from the date of placing the Order.

3.4.2. Produce and transfer the Goods to the Delivery Service selected by the Buyer according to the Order within 7 days from the date of payment in the event that by the time the Order is received there is no ready-made Goods at the Seller's disposal, about which he must immediately inform the Buyer. Delivery times are set by the Delivery Service, which is responsible for non-compliance.

3.5. The buyer has the right:

3.5.1. Refuse the Goods if the Seller does not transfer or refuses to transfer it to the Buyer within 60 calendar days from the date of payment for the Goods by the Buyer.
3.4.2. Refuse the Goods at any time before their transfer, and after the transfer - within 365 days and return the purchased Goods and receive the money paid for them, with the exception of the Seller's expenses for the delivery of the returned Goods from the Buyer, no later than 10 days from the date of presentation By the Buyer of the relevant return request. The Buyer's request for the return of the Goods is subject to satisfaction if it was not in use, its consumer properties are preserved and there is evidence of its purchase from this Seller.

3.4.3. If the Seller has not fulfilled the obligation to transfer the Goods to the Buyer within the time period established by the Offer, demand:

- transfer of the paid Goods within a new period specified by the Buyer;

- refund of the prepayment amount for the Goods not transferred by the Seller.
3.4.3. At its option, if defects are found in the Goods, if they have not been agreed by the Seller:

- demand the replacement of the Goods for a similar product or the same Product of a different brand, of different sizes, shapes, dimensions, style, colors or configuration, making the necessary recalculation with the Seller in the event of a price difference;

- refuse to execute this Agreement and demand the return of the amount paid for the Goods

4. PAYMENT PROCEDURE

4.1. The price of the Goods is indicated in the corresponding section of the Goods catalog on the website https://store.shungite.com. The price of the Goods does not include the cost of delivery.

4.2. Prices for any position of the Goods can be changed by the Seller unilaterally without notifying the Buyer. In the event of a change in the price of the ordered items of the Goods prior to payment, the Seller undertakes to inform the Buyer of such a change. The Buyer has the right to confirm or cancel the Order. In the absence of payment within the period specified in this Offer, the Order is considered canceled within two calendar days from the date of its placement.

4.3. Calculations for the Goods are made by 100% prepayment in one of the following ways:

4.3.1. By bank transfer (bank transfer) according to the invoice issued by the Seller.
4.3.2. Electronic payment using electronic payment systems, the use of which is established on the Site.

4.4. Payment by the Buyer for the placed Order means the Buyer's agreement with the terms of this Offer. The day of payment for the Order is the date of the conclusion of the Agreement between the Seller and the Buyer through the Agent.

5. DELIVERY PROCEDURE

5.1. The transfer of the Goods to the Buyer in accordance with the terms of this Offer is made by means of its delivery by the Delivery Service chosen by the Buyer.

5.2. Delivery services are listed on the Site in the "Delivery" section. The cost of delivery is not included in the price of the Goods and is paid by the Buyer at the appropriate rates of the Delivery Service chosen by him on the Site simultaneously with payment for the Goods.

5.3. The Buyer can find out the status of the Order in the personal account of the Site, in the "Orders" section, by selecting the required Order and clicking on the appropriate link, or contact the Agent with whom the Agreement is concluded at the email address indicated on the Site (in this case, it is necessary to indicate the full name Buyer and Order number). A response will be sent within 1 business day.

5.4. The risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment he receives the Goods from the Delivery Service, which is confirmed by the documents drawn up by the Delivery Service when the Goods are transferred to the Buyer.

5.5. The contract is considered executed by the Seller from the date of delivery of the Goods to the Buyer, namely to the person indicated as the recipient of the order, and in his absence to any person who presented a receipt for payment for the Goods.

             
6. PROCEDURE FOR EXCHANGE AND RETURN OF GOODS. REFUND

6.1. The Buyer has the right to contact the Seller with a request for replacement, return, which has hidden (factory) defects. A serviceable (free from defects) Product can be returned to the Buyer within 365 days from the date of purchase, provided that this Product has not been used, has not been disassembled, and has no traces of mechanical or other impact. Contacting the Seller is made through the Agent, by sending a corresponding application to the Agent's e-mail or via any other contacts contained on the Site.

6.2. Basic requirements for the return of the Goods:

6.2.1. No damage to the returned Product and outer packaging.
6.2.2. The presentation has been preserved, there is no pollution, no foreign inscriptions on the returned Goods and outer packaging.

6.2.3. The completeness of the returned Goods must correspond to the factory completeness.
6.2.4. Goods with obvious visible defects (cracks, chips, scratches, dents, etc.), which could and should have been found upon acceptance, are not accepted if:

- more than 365 days have passed since the date of receipt of the goods by the Buyer and he did not notify the Seller about the identified defects.

- the cause of the malfunction was: damage caused by violation of the rules of use and operation; violation of the rules for installation (installation and / or dismantling); violation of storage conditions.

6.3. Exchange (replacement) of the defective Product is carried out if the Seller has this Product. In the absence of the Goods, at the Buyer's discretion, it is possible to agree on extended delivery times for the Goods to be replaced, or, at the Buyer's request, the funds paid by him are subject to refund within the time frame established by law.

6.4. To return the Goods, it is necessary to submit an application for a return to the Agent stating the reason.

6.5. If, within 30 days from the date of payment for the Goods and delivery, the Buyer has not received the Goods, the Agent, within 7 working days from the date of receipt of the application with the request for a refund, sends the Buyer a notification with the calculation and date of the refund

6.6. Refunds for the Goods are made only to the card / bank account of the Buyer from which the payment for the Goods was made. If at the time of the refund for the Goods, the Buyer's card has ceased to be valid (lost, expired, returned to the bank), the refund can be made to another card of the same Buyer, or to his bank account.

 

7. LIABILITY OF THE PARTIES

7.1. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under the Agreement. 

7.2. The Seller is released from liability if he proves that the damage was caused due to force majeure or violation by the Buyer of the established rules for the use, storage or transportation of the Goods.

7.3. The Seller is released from the obligation to transfer the Goods to the Buyer if he makes payment for the Goods without paying for delivery.

8. DISPUTE RESOLUTION

8.1. The claim procedure for pre-trial settlement of disputes from this Agreement is mandatory.

8.2. Claims are sent by the Buyer through the Agent via e-mail indicated on the Site, in the form of a scan with data that allow identifying both the Buyer itself and the Order in respect of which the claim is sent.

8.3. The Agent immediately sends the Claim to the Seller and controls the timing of the response to it.

8.4. The term for consideration of the claim is 10 (ten) business days from the date of its receipt by the Agent.

         
9. CONFIDENTIALITY OF INFORMATION          

9.1. For the purpose of proper execution by the Agent and the Seller of the terms of this Offer, the Buyer agrees to the Agent to process his personal data. 

9.2. To communicate with the Buyer, the Agent has the right to use various communication channels, such as telephone, catalogs, direct mail advertising, e-mail newsletters, etc.

9.3. The Buyer is aware and agrees that in order to conclude and execute the Agreement, the Buyer's personal data may be transferred by the Agent on confidentiality terms to the Seller and the Delivery Service.

9.4. The Agent has the right to record telephone conversations with the Buyer. In accordance with clause 4 of Article 16 of the Federal Law "On Information, Information Technologies and Information Protection", the Agent undertakes to prevent attempts of unauthorized access to information about the Buyer and / or transfer it to persons not directly related to the execution of the Agreement, as well as in a timely manner detect and suppress such attempts.

9.5. After the Parties fulfill the terms of this Offer, the Buyer has the right to demand the temporary or final removal of his Personal data from the Agent's database. At the same time, after deleting the Buyer's personal data, the Buyer will not be able to place further Orders until the moment of re-submission of his personal data.

10. OTHER CONDITIONS

10.1. If the Buyer has any questions and claims to the Agent directly regarding his fulfillment of the terms of this Offer, he can send a corresponding request or claim to the email address indicated on the Agent's Website in the Contacts section.

10.2. The Buyer confirms that the terms of this Offer are accepted by him without any objection, the Buyer understood and accepted the meaning of the terms, words and expressions used in the Offer in accordance with their legal definition and / or interpretation specified in this Offer.