Public offer agreement on the sale of goods in "Grivko.com" online store.
IE Grivko Leonid Borisovich, hereinafter referred to as the “Seller”, publishes a Public Offer on the sale of goods according to the samples presented on the Seller’s official website www.grivko.com
In accordance with article 437 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), this document is a public offer, and if the following conditions are accepted, an individual customer who accepts this offer pays for the Seller’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 the Goods by the Customer is an acceptance of the offer, which is considered equivalent to the conclusion of the Agreement on the conditions set forth in the offer.
This Agreement for the provision of services for individual sewing clothes is a public offer of the Individual Entrepreneur Grivko Leonid Borisovich, acting on the basis of the Certificate of state registration of an individual as IE series 77 No. 017094925, TIN 272113299071, OGRNIP 316774600518350, hereinafter referred to as the "Seller", expresses its intention to conclude a public offer agreement for the provision of services (hereinafter referred to as the “Agreement”) with individuals and legal entities, individual entrepreneurs, hereinafter referred to as the Customer, hereinafter collectively referred to as the Parties, in the manner and under the conditions provided for by this Agreement. The public offer agreement for the provision of services for individual sewing clothes contains all the essential conditions.
1. Terms and definitions used in the Agreement
1.1. The Offer - this public offer agreement for the provision of services for individual sewing clothes, published on the Internet at www.grivko.com
1.2 Offer acceptance - full and unconditional acceptance of the offer through the implementation of the actions specified in clause 1.10 of the Offer. Acceptance of The Offer provides The Agreement
1.3 Agreement - an agreement between the Seller and the Customer for the provision of services for individual sewing of clothes, which is concluded through the acceptance of The Offer.
1.4 Customer - person who has applied for an individual tailoring service to the Seller in accordance with the terms of the Agreement.
1.5 Seller - provides individual tailoring services to the Customer under the Agreement.
1.6 Individual tailoring - the process of tailoring according to the individual application of the Customer based on samples presented in the catalog on the website www.grivko.com. 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 - an application for individual sewing clothes, completed via the Seller’s official website or by phone through the Operator.
1.8 Personal Account - personal page of the Customer, which he creates on the official website of the Seller. At the same time, access is provided through the formation of username and password by the Seller, known only to him and could not be disclosure to third parties, including the “Customer”.
1.9 “Website” means a set of electronic data available for viewing on the web on the domains www.grivko.com
1.10 Acceptance of the terms of the Agreement - the actions of the Customer to accept the terms of this Contract are expressed in a request of the size and entry of personal data (size and phone number). Going to the Seller’s official website, the Customer must learn all the terms of the submitted offer agreement . After reviewing, expressing Agreement with the conditions specified in the offer, the Customer makes a request for size via the website. Also, acceptance of the offer contract is considered after sending of the application for individual sewing of clothes via the Operator of the Seller.
1.11 The Operator - an employee of the Seller who accepts applications from the Customers via receiving calls, messages or email.
After these actions of the Customer, the acceptance of the terms of The Contract is considered valid, and The Contract is considered concluded by the Parties.
1.12 Payment date - receipt of funds to the account of the Seller.
1.13 Goods - clothes made according to the individual application of the Customer.
2. Subject of The Agreement.
2.1 The subject of this public offer agreement is the provision of services for individual sewing of clothes by the Seller in accordance with the application of the Customer, filled out and sent via the official website of the Seller http://grivko.com
2.2 The Seller undertakes, within the time period due by The Agreements, and on the basis of the application, to provide services for individual sewing of clothes to the Customer.
2.3. The Customer is obliged to pay in accordance with the form and procedure for settlements and to take all necessary actions in accordance with this public offer agreement.
3. Order of interaction of the Parties.
3.1. The Customer, who intends to conclude public offer agreement with the Seller must accept the offer, in other words, perform the actions specified in clause 1.10 of the Agreement.
3.2 The Customer provide contact telephone number (mobile or landline) on the website http://grivko.com. As well as the model and size of selected product. Than the Operator contact with the Customer to clarify the measurements, delivery address and billing. If necessary, the Customer may be provided with additional information.
3.3. The personal account of the Customer is intended for storing the archive of applications, receiving notifications about the readiness of goods, sending them to the address indicated by the Customer and providing access to the available site services. The Seller shall not be liable for safety, correctness, accuracy and reliability of information provided by the Customer at registration.
The Customer undertakes not to disclose the login and password, provided during the registration on the Website. In case the Customer doubts about security of his/her login and password or possible unauthorized use of the same by the third parties, the Customer shall notify immediately the Seller
3.4 The Seller manufacturing goods based on information provided by the Customer. The Seller carries out individual sewing of clothes from its own material and accessories.
3.5. The Customer pays the cost of the ordered goods of the Seller by bank transfer using the generated link with the invoice received from the operator exclusively from the number +7 (926) 918-2-777 or the email address firstname.lastname@example.org.
3.6 After 100% payment of the invoice by the link, individual sewing of clothes is carried out by the Seller, on the basis of data provided by the Customer.
3.7. The term for the provision of services for each application of the Customer shall agreed upon by the Parties individually and may be increased depending on the complexity.
3.8 All information materials, presented on the Website, are for reference only and can’t convey in full the reliable information on the properties and characteristics of the Goods, including colors, sizes and forms. In case of any questions arise with respect to the properties and characteristics of the Goods before the Order placement, the Customer shall apply to the Seller.
4. Rights and obligations of the Seller.
4.1. The Seller has the right:
4.1.1 At its sole discretion, change the cost and terms of service. Moreover, the Parties are guided by the fact that the new cost does not apply to services already paid by the Customer.
4.1.2 Demand from the Customer timely and full payment for the services rendered by the Seller in accordance with this Agreement;
4.1.3 Engage third parties in the execution of the Agreement, remaining responsible to the Customer.
4.1.4. The Seller has the right to record telephone conversations with the Customer for quality control purposes. In accordance with paragraph. 16 of the Federal Law dated July 27, 2006 No. 149-FL “On Information, Information Technologies and the Protection of Information”, the Seller is obliged to provide:
- prevention of unauthorized access to information and (or) its transfer to persons who do not have the right to access information;
- timely detection of unauthorized access to information;
- prevention of the possibility of adverse consequences of violation of the procedure for access to information;
- prevention of impact on technical means of information processing, as a result of which their functioning is disrupted;
- constantly monitoring of the level of information security.
4.2 Obligations of the Seller.
4.2.1 Strictly comply with the terms of this Agreement.
5. Rights and obligations of the Customer.
5.1 Obligations of the Customer.
5.1.1 Before of any actions aimed at concluding the Agreement, must learn the content and terms of this public offer agreement, the prices and conditions on the Seller’s website.
5.1.2 Strictly comply with the terms of this Agreement.
5.1.3 Provide the Seller with complete information about his measurements, the color of the selected product, style, model, individual wishes, as well as other data necessary for the Seller.
5.1.4. Confirm with the Seller the material, accessories of the goods, as well as other data necessary for individual sewing of clothes for specific parameters of the Customer.
5.1.5. Pay for Seller’s the goods and services in the manner and within the time foreseen by the Agreement.
5.1.6 Provide the Seller with reliable information necessary to fulfill obligations under the Agreement.
5.1.7 The Customeris acquainted with, agrees and confirms at the conclusion of the contract of his desire to conclude it, and also understands that at the conclusion of the contract he acquires obligations arising from the contract on the basis of Art. 421 of the Civil Code of the Russian Federation.
5.1.8 The Customer is acquainted, agrees and confirms that on the basis of Art. 309, 310 of the Civil Code of the Russian Federation, obligations must be properly performed in accordance with the terms of the obligation and the requirements of the law. Unilateral refusal to fulfill the obligation and unilateral change of its conditions are not allowed.
5.1.9 The Customer is acquainted, agrees and confirms that on the basis of Art. 26.1 of the Law of the Russian Federation dated 07.02.1992 No. 2300-1 “On the Protection of Consumer Rights”, the Customer is not entitled to refuse goods of appropriate quality, having individually defined properties, if the specified goods can be used exclusively by the Customer purchasing it.
5.1.10. The Customer has read and agrees that on the basis of clause 5 of the List of non-food products of good quality, which cannot be returned or exchanged for similar goods of other sizes, dimensions, shapes, colors or packaging, approved by Decree of the Government of the Russian Federation dated 19.01. 1998 No. 55 including sewing and knitwear (sewing and knitwear, hosiery) finished goods are not subject to exchange and return.
5.1.11 Customer is acquainted and agrees that in accordance with Interstate standard 12566-88 in the finished goods may be allowed deviations.
6. Price and payment procedure of the Parties.
6.1. The cost of Seller’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 to the Seller should be made by bank transfer using the link generated by the Operator.
6.3. The cost of services generated on the site may be changed by the Seller unilaterally without notification to the Customer. These changes are posted on the website and take effect immediately after posting. Moreover, the already paid services do not apply the new cost.
6.4 The Seller in agreement with the "Customer" may change the formed price, both up and down due to varying complexity, volumes, terms and other conditions.
7. Duration of the Agreement.
7.1. The Agreement is considered concluded and comes into force from the moment the Customer makes the actions specified in clause 1.10 of the contract and is valid until the Parties fully fulfill their obligations.
7.2 Obligations of the Seller shall be deemed fulfilled in full at the time of transfer of the finished goods to the Customer.
7.3 Obligations of the Customer are deemed to be fulfilled in full upon full payment of the funds specified in the order.
8. Return of the goods.
8.1 In the case of delivery goods come inadequate quality, the Customer should to refuse the order at the time of delivery and immediately inform the Seller by phone +7 (926) 918-2-777 or email email@example.com.
8.2 Inadequate quality is the presence on the goods of holes, spots, hooks, las. In this case, the product must be returned or exchanged for a similar product of good quality. The Customer sends such a product by post or by courier, or otherwise delivers it to the Seller at the following address: Moscow, st. Pushkarev Lane 5
8.3 The following must be attached to the returned product:
- an application for the return of the product in a free form with the obligatory indication in the application of the contact information of the Customer that coincides with the specified data when ordering, the name of the returned product and the reasons for the return;
- printed check confirming payment.
These documents must be submitted to the Seller in electronic form to the email address firstname.lastname@example.org
8.4 In case of finding defect, the Customer is obliged to notify theSeller within 3 (three) calendar days from the date of delivery of the product.
8.5. The term for consideration of an application for refund occurs within 10 (ten) business days (excluding weekends and holidays) and begins from the moment the Seller receives the returned product. Moreover, if the application is received from the Customer after 18-00 of the current business day or on a weekend or holiday - the next business day is considered the moment of receipt of the application.
9. Responsibility of the Parties.
9.1 The Seller guarantees to provide complete and accurate information to the Customer within the framework of this Agreement.
9.2 The Customer guarantees the completeness and accuracy of the information provided to the Seller under this Agreement.
9.3 The Seller is not responsible for the information provided by the Customer in public form.
9.4 The Seller is not responsible for the improper use of goods purchased by the Customer on the basis of this Agreement.
9.5 Parties undertake to keep confidentiality of the commercial, financial and other information received from another Party during the performance of this agreement.
9.6 The Customer confirms and agrees that before ordering services it was acquainted and fully informed about the quantitative and qualitative characteristics of goods, is solely responsible for his choice and confirms his consent to the provision of services and the absence of claims to the Seller in the future .
9.7. During the period before the finished product will be transfered to the Customer, circumstances which are not depending on the Seller may arise, as a result of which the transfer of finished goods to the Customer may extended. Such circumstances include cases related to:
- changes in the timing of transportation of finished goods because the fault of the transport company;
- changes in the terms of individual tailoring of the good in connection with the volume and / or complexity;
- making changes to the individual application of the manufactured good;
- lack of necessary materials, accessories in stock.
In cases of the occurrence of such circumstances, they are perceived by the Parties as force majeure circumstances in accordance with Art. 401 of the Civil Code of the Russian Federation, and it is not intentional or reckless actions of the Seller. At the same time, the deadline for the transfer of finished goods to the Customer will delayed without additional payment by the Seller or other sanctions. The Seller, in order to speedily fulfill the Agreement, is obligated to take all necessary measures for the proper execution of the Agreement, which will reduce the transfering time of finished goods to the Customer.
In case of the absence of ordered Goods and (or) materials at the Seller’s warehouse, including reasons beyond the Seller’s control, the Seller has the right to unilaterally and extrajudicially refuse to execute this Agreement (to cancel the Order) in relation to the goods not available with a mandatory notification to the Customer .
10. Force Majeure.
10.1 The Parties are released from responsibility for partial or complete non-fulfillment of their liabilities under the present Agreement, if this non-fulfillment was caused by the circumstances of Force Majeure, namely: an earthquake, flood, fire, hurricane, as well as an uprising, civil unrest, a strike, war, military actions of any nature that impede the implementation of this Agreement, as well as power surges and other circumstances that led to the failure of technical equipment of any of the Parties.
11.1 All annexes to this Agreement are an integral part of it.
11.2 In case of change of addresses, payment details, addresses and numbers of communication channels, during the term of this Agreement, the Party whose details have changed is obliged to notify the other in writing within 3 (three) business days from the day such changes. The Seller has the right to post information about the changes on the official website, without notifying the Customer in writing.
11.3 Each of the Parties is obliged to inform immediately the other of any known events and / or circumstances that could negatively affect the timely and proper fulfillment by this Party of obligations under this Agreement.
11.4. All text data and images posted on the Website shall be deemed as the property of the Seller and/or its counterparties.