The online store ergamin.com (hereinafter the SELLER) represented by IP Kondratiev V.V., publishes this agreement, which is a public contract offer to both individuals and legal entities (hereinafter the BUYER) about the following:
Article 1. Subject of the offer contract.
1.1. The SELLER shall transfer ownership to the BUYER, and the BUYER shall pay and accept the goods ordered in the ergamin.ru online store (hereinafter the GOODS).
Article 2. The moment of conclusion of the contract.
2.1. The text of this Agreement is a public offer (in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation).
2.2. The fact of filling out the ORDER of GOODS at the SELLER, either independently or through the operator, is the unconditional acceptance of this Agreement, and the BUYER is considered as a person who entered into the FE "Kondratiev V.V." in a contractual relationship.
2.3. The ORDERING of the GOODS and the calculation is carried out by ordering by the BUYER in the ergamin.ru online store
Article 3. Characteristics of the GOODS.
3.1. Due to the different technical characteristics of the monitors, the color of the PRODUCT may differ from that presented on the site.
3.2. Characteristics and appearance of the GOODS may differ from those described on the site.
Article 4. Price of GOODS.
4.1. Prices in the online store are indicated in the currency of the SELLER country per unit of GOODS.
4.2. Tariffs for the provision of services for the delivery, unloading, lifting and assembly of GOODS are indicated in the online store for each GOODS, depending on its characteristics.
4.3. The total ORDER amount, which in some cases (at the request of the buyer) may include paid delivery and assembly of the GOODS, is indicated in the "Basket" section in the "Total" line.
Article 5. Payment for the GOODS.
5.1. In case of cash payment, the BUYER is obliged to pay the SELLER the price of the GOODS at the time of its transfer, and the SELLER is obliged to provide the BUYER with a cash or sales receipt or other document confirming the payment of the GOODS.
5.2. In the non-cash form of payment, the BUYER's obligation to pay the GOODS price is considered fulfilled from the moment of crediting the relevant funds in the amount of 100% (one hundred percent) of the prepayment to the SELLER's current account at the details specified in clause 13 (Store details) of this AGREEMENT.
5.3. In the case of a non-cash form of payment, delay in payment by the BUYER of the price of the GOODS for a period of more than 5 (five) days is a material violation of this agreement. In this case, the SELLER has the right to unilaterally refuse to execute this contract by notifying the BUYER about this.
5.4. GOODS are delivered to the BUYER at prices, name, in the amount corresponding to the invoice paid by the BUYER.
Article 6. Delivery of the GOODS.
6.1. BUYING THE GOODS TO THE BUYER is carried out at the address and within the time agreed by the BUYER and the SELLER's manager when placing the ORDER. The SELLER has the right to unilaterally change the delivery time of the GOODS.
6.2. The SELLER has the unilateral right to attract a third-party organization (third parties) for the delivery of the GOODS without the consent of the BUYER and without his notification. Under no circumstances shall the SELLER be liable for the deadlines for the fulfillment of obligations for the delivery of the GOODS by third parties.
6.3. The exact cost of delivery of the GOODS is determined by the SELLER's manager upon confirmation of the order and can be changed after approval by the BUYER. The SELLER is obliged to notify the BUYER of a change in the cost and other parameters of the GOODS delivery and obtain the BUYER's consent to change these parameters.
6.4. Failure of the BUYER or failure to take other necessary actions to accept the GOODS may be considered by the SELLER as a refusal by the BUYER to execute the AGREEMENT.
Article 7. Rights and obligations of the parties.
7.1. The SELLER undertakes:
7.1.1. Not to disclose any private information of the BUYER and not to provide access to this information to third parties, with the exception of cases provided for by Russian law.
7.1.2. By accepting this offer, the BUYER expresses his consent to the transfer of his personal data to the SELLER, as well as to its collection by the SELLER, as well as to the processing, storage and, in case of technical need to process the order, transfer by the SELLER to third parties of his personal data, and BUYER also agrees to receive informational, transactional and advertising materials from the SELLER to the specified email addresses and mobile and landline phones.
7.1.3 The SELLER guarantees the confidentiality of the BUYER's personal data in accordance with Russian law and the refusal of his part to send out advertising materials at the first request of the BUYER.
7.1.4. The SELLER is obligated to provide the BUYER with the opportunity to receive free telephone consultations by phone numbers indicated on the store website (ergamin.ru). The scope of consultations is limited to specific issues related to the implementation of the ORDER and delivery of the GOODS.
7.1.5. The SELLER reserves the right to amend this AGREEMENT unilaterally until its conclusion.
7.2. BUYER agrees:
7.2.1. By accepting this offer, the BUYER confirms his legal capacity.
7.2.2. Prior to the conclusion of the AGREEMENT, familiarize yourself with the contents of the offer contract, the terms of payment and delivery on the store website (ergamin.ru).
7.2.3. Provide reliable information about yourself (name, contact numbers, email address) and details for the delivery of the GOODS.
7.2.4. Accept and pay for the GOODS within the time specified in this AGREEMENT.
7.2.5. ALWAYS check the completeness and quality of the goods received. In case of receipt of goods with the help of a transport company, check the goods for damage and completeness before signing the documents of the transport company.
Article 8. Responsibility of the parties and settlement of disputes.
8.1. The parties are responsible for non-performance or improper performance of this AGREEMENT in the manner prescribed by this AGREEMENT and the current legislation of the Russian Federation.
8.2. The SELLER is not responsible for the delivery of the ORDER if the BUYER indicates the wrong delivery address.
8.3. The SELLER is not liable if the BUYER's expectations about the consumer properties of the GOODS were not justified.
8.4. The SELLER is not responsible for the goods if the buyer has not checked the GOODS for damage and completeness before signing the documents of the transport company.
8.5. The SELLER is not responsible for partial or full failure to fulfill the obligations for the delivery of the GOODS, if they are a consequence of force majeure.
8.6. The BUYER, filling out the ORDER, is responsible for the accuracy of the information provided about himself, and also confirms that he has read and agrees with the terms of this AGREEMENT.
8.7. All disputes and disagreements arising in the performance by the PARTIES of their obligations under this Agreement shall be resolved through negotiations. If it is impossible to eliminate them, the PARTIES are entitled to apply for judicial protection of their interests.
Article 9. Return and exchange of goods.
9.1. The BUYER's request for exchange or return of the GOODS shall be satisfied if the GOODS were not in use, their consumer properties were preserved, packaging was not damaged, documents confirming the purchase of the GOODS in the ergamin.ru online store were saved.
9.2. The term of such a requirement is 14 (fourteen) days from the date of transfer of the GOODS to the BUYER.
9.3. The BUYER shall compensate the SELLER for the necessary transportation expenses incurred in connection with the organization of the exchange or return of the GOODS.
Article 10. Force Majeure.
10.1. The Parties are exempted from liability for non-performance or improper performance of obligations under the Agreement for the period of force majeure. Force majeure refers to extraordinary and insuperable circumstances under the given conditions that impede the performance of their obligations by the PARTIES under this Agreement. These include natural disasters (earthquakes, floods, etc.), circumstances of public life (military operations, emergency situations, major strikes, epidemics, etc.), prohibitive measures of state bodies (transportation prohibition, currency restrictions, international sanctions trade ban, etc.). During this time, the PARTIES have no mutual claims, and each of the PARTIES assumes its own risk of the consequences of force majeure.
Article 11.
11.1. This AGREEMENT comes into force from the moment of contacting FE "Kondratyev VV" and execution of the ORDER, and ends upon full fulfillment of obligations by the PARTIES.
Article 12. Details of the online store.
Website (online store) ergamin.com, email for communication shop@ergamin.com, telephone for communication +1 929 4470488
Individual Entrepreneur Kondratiev Vladimir Vladimirovich
OGRIP: 317500700021202 from 05/30/2017
TIN 500701740800
For transfers in dollars
Account: 40802840602310000047
Currency: USD
Name: Kondratev Vladimir Vladimirovich (ip)
Bank: ALFA-BANK
Swift: ALFARUMMXXX
Country: RUSSIAN FEDERATION
City: MOSCOW
Address: 27, KALANCHYOVSKAYA UL., MOSCOW, RUSSIAN FEDERATION,