PUBLIC OFFICE OF THE INTERNET - WORLD TRADE SITE
This Agreement in accordance with Article 437 of the Civil Code of the Russian Federation is a public offer (the offer of the seller of IE "Lukin VS") about the sale to the physical and legal persons (buyers) of goods by remote means via INTERNET - THE WORLD TRADE SITE "IVAN BA-BA" on the site http://ivanbaba.online, further the ICC.
According to paragraph 3 of Article 438 of the Civil Code of the Russian Federation, a person who ordered goods at the ICC on the website http://ivanbaba.online is considered to have accepted the terms of this offer and concluded Lukin VS with the IP. this Agreement on the conditions set forth therein (which accepted this offer of the seller).
The buyer has the right to accept the terms of this Offer Contract (and order the goods at the ICC) at any time convenient to the buyer. Goods and products on MTP are represented by various buyers from different countries and cities. Therefore, each ICC Ivan Ba-Ba has the right to specify certain conditions for the sale, delivery, and information of the warranty period for its goods or products, if it differs from the basic rules of the ICC.
If you do not agree with the text of this Public Offer Agreement or with its individual items, the owner of the ICC invites you to refuse to purchase the Goods on our site. If you place an order for goods on the ICC, you unconditionally accept all the terms of this Agreement and undertake to fully comply with the terms of cooperation offered by the ICC, understanding that the ICC is not a seller of any goods and only provides services to sellers in the placement and sale of their goods.
Individual Entrepreneur "Lukin V.S." (OGRNIP 318774600163340, INN 633013796045, location: 108809, Moscow, Polevaya street 12), hereinafter referred to as "MTP Ivan Ba-Ba", represented by the Individual businessman Lukin Vyacheslav Sergeevich ., acting on the basis of the Certificate and Resolution No. 440205699 of 27.03.2018, on the one hand, and the Buyer, who ordered goods and products at the ICC Ivan Ba-Ba, presented on the website http://ivanbaba.online, on the other Parties, and jointly referred to as the "Parties", have concluded this Offer Contract as follows:
1. Subject of this Agreement:
1.1. ICC "Ivan Ba-Ba" undertakes to organize the transfer into the ownership of the Buyer by means of distance trading. The goods represented on the website http://ivanbaba.online and ordered by the Buyer, and the Buyer undertakes to accept and pay for the Goods ordered by it in the manner and under the terms of this Agreement.
1.2. In case of non-adjustment of certain conditions of cooperation between the Parties during the purchase and sale of the Goods by the present Agreement, the Parties shall be guided by the current legislation of the Russian Federation.
1.3. ICC "Ivan Ba-Ba" reserves the right to change this Agreement.
1.4. The address of the effective version of this Agreement is located on the Internet at http://ivanbaba.online
1.5. Information posted on the Site is publicly available, unless otherwise stipulated by this Agreement.
2. Terms and terms used in this Agreement and with the cooperation of the Parties:
2.1 The site is MTP Ivan Ba-Ba, owned by IP Lukin VS, located on the Internet at http://ivanbaba.online, where the Goods offered by ICC Ivan Ba-Ba are presented for purchase, as well as the conditions payment and delivery of the Goods to the Buyers. The site is an Internet trading platform where any of the company's affiliated companies exhibit their goods.
2.2 The goods - various assortment of the goods presented for sale at the MTP "Ivan Ba-Ba".
2.3 The Buyer is a registered User who placed the Order on the website http://ivanbaba.online for the purchase of the Goods indicated on the MTP Ivan Ba-Ba and is available.
2.4 Order - a duly executed request of the Buyer for the purchase of the goods selected at the MTP Ivan Ba-Ba and available at the MTP Ivan Ba-Ba, as well as for their delivery to the address specified by the Buyer under the conditions specified in the MTP Ivan Woman".
3. Terms of ordering and sales of goods:
3.1. The order of the Goods from the Buyer is possible through the use of the MTP Ivan Ba-Ba after the registration of the Buyer at the MTP Ivan Ban.
3.2. By ordering the Goods in any way, the Buyer agrees with the terms of execution of the Order and the sale of the Goods, established both by the MTP Ivan Ba-Ba and directly by the Seller of the goods chosen by the Buyer. The User agrees with the conditions of execution of the Order and the sale of the Goods by putting a mark in the column "With these conditions I agree" when registering on the Site and processing the Order.
3.3. All information materials presented on the Site in relation to the Products are of a reference nature and can not fully convey reliable information about the properties and characteristics of the Goods, including size, color, shape. In the event that the Buyer has any questions regarding the properties and characteristics of the Goods, the Buyer must contact the Seller for additional clarifications before completing the Order. Making an Order by the Buyer means sufficient and full familiarization of the Buyer with the purchased Goods.
3.4. For ordering through the ICC "Ivan Ba-Ba" the Buyer is obliged to note the ordered Goods and its quantity, and then consistently follow the tips of the MTP Ivan Ba-Ba service for processing the Order. At the first order through the ICC "Ivan Ba-Ba" the Buyer passes the registration procedure for the MTP "Ivan Ba-Ba". Further orders through the MTP Ivan Ba-Ba are carried out using the registered login of the Buyer.
The buyer bears full responsibility for providing incorrect information when completing the Order,
which resulted in the impossibility of proper performance by the Seller of its obligations to the Buyer.
3.5. Providing his personal data when ordering the Goods, the Buyer agrees to their processing both of ICC Ivan Ba-Ba and the transfer of his data to the Seller, including for the purpose of promoting the Ivan Ba Ba and the Seller of Goods and Services.
3.6. Personal data of the Buyer is processed in accordance with the Federal Law "On Personal Data" No. 152-FZ. ICC "Ivan Ba-Ba" is not liable for the actions of third parties who have used the personal data of the User, while taking all available and legal measures and ways to protect information about the User registered at the ICC "Ivan Ba-Ba".
3.7. ICC "Ivan Ba-Ba" has the right to send information, including advertising messages, to the e-mail and the mobile phone of the Buyer. The user has the right to refuse to receive advertising and other information without explaining the reasons for the refusal, informing ICC "Ivan Ba-Ba" or the Seller directly in any convenient way. Service messages informing the Buyer about the Order and the stages of its processing are sent by the Seller automatically, and can not be rejected by the User.
3.8. ICC "Ivan Ba-Ba" is not responsible for the actions of third parties who have used the personal data of the User.
3.9. After completing the Order, the Buyer is provided with information on the estimated delivery date by sending an electronic message to the address specified by the Buyer upon registration or by phone. The representative of the Seller serving this Order specifies the details of the Order, agrees the delivery date, which depends on the availability of the Goods ordered by the Buyer in the Seller's warehouse and the time required to process and deliver the Order.
3.10. Order of the Goods marked as "Not available" via the services of the Site and by phone is not possible.
3.11. In the event that the Buyer orders the Goods that do not have the "Not available" mark but at the moment of execution of this Order by the Buyer, the Goods are already absent from the Seller's warehouse, the Seller has the right to exclude the Specified Goods from the Order and / or cancel the Buyer's Order, notifying the Buyer by sending corresponding electronic message to the address specified by the Buyer at registration, or by a call of the representative of the Seller.
3.12. In the event of the cancellation of a fully or partially prepaid Order, the cost of the canceled Goods is returned by the Seller to the Buyer in the manner in which the Goods were paid for.
3.13. ICC "Ivan Ba-Ba" takes all possible legal measures to ensure the availability of goods on the trading floor and its availability in the warehouses of sellers.
3.14. The seller personally, without the participation of ICC Ivan Ba-Ba, has the right to cancel Orders of his Buyers, including Goods that the Buyer previously refused 2 or more times, specifying the reasons not related to the presence of defects in these Goods.
3.15. The seller on a direct right has the right to refuse the execution of the Order to the Buyer, if the Buyer has his goods for refund.
3.16. ICC "Ivan Ba-Ba" has the right to refuse to the Buyer in processing any subsequent Order and implementing the Goods in the event that, in the Seller's opinion, the Buyer has shown low loyalty to the Seller in the past. Under low loyalty, the Seller means the Buyer's incorrect behavior, claims, litigation on the initiative and / or on behalf of the Buyer, repeated return of the Goods of proper quality to the Seller and other situations.
4. Order delivery:
4.1. Ways of delivery of the Goods are indicated on the Site in the section "Delivery and payment" to the address: http://ivanbaba.online
4.2. Delivery is a separate service of the Seller. Delivery is not an integral part of the goods purchased by the Buyer. Wholesale buyers can independently organize the export of goods from the warehouse of the Seller, or individually negotiate the terms of delivery to the destination.
4.3. The territory of delivery of the Goods submitted to the ICC is not limited to the borders of the Russian Federation.
Delivery of Orders to any regions and countries is carried out by sending the Goods through post offices and / or delivery services indicated on the ICC page at: http://ivanbaba.online, either by self-delivery or by other options agreed upon directly with the seller. If the goods are delivered by other means offered at the MTP, or if there is a self-pick-up from the location of the goods on the Seller's premises, the Buyer chooses the delivery method "Pickup"
4.4. The method of delivery is chosen by the Buyer at the time of ordering independently from those offered by the Seller. Delivery time is agreed by the parties when calling the representative of the Seller to the Buyer.
4.5. The cost of delivery is calculated individually, based on the cost of the Order, the weight of the Goods, the region and the method of delivery, as well as (if necessary) the form of payment, and indicated on the Site at the last stage of the Order.
4.6. Upon delivery, the Order shall be delivered to the Buyer or to a third party specified in the Order as the recipient (hereinafter referred to as the "Buyer" and the third party as the "Recipient"). If it is not possible to receive the Order paid for by cash payment by the above-mentioned persons, the Order may be served to a person who can provide information about the Order (the Sender's and / or Name of the Recipient.) All processes with closing documents fall on the Seller and the Buyer.
4.7. In order to avoid fraud, as well as to fulfill its obligations, when delivering a prepaid Order, the person delivering the Order has the right to request a document certifying the identity of the Recipient, as well as indicate the type and number of the document provided by the Recipient on receipt to the Order.
4.8. The right of ownership of the Goods, as well as the risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment:
- transfer to the Buyer or his authorized recipient of the Order and affix the signatures in the documents confirming the delivery of the Order;
- or receipt of the Goods by the Recipient in the post office.
Delivery, as a separate service of the Seller, ends when the Receiver receives the Goods.
4.9. Features of receiving the Order from the delivery service of the Seller to the address indicated by the Buyer:
The buyer or his authorized recipient is obliged to inspect the delivered Goods and check it for compliance with the declared quantity, assortment and completeness of the Goods, and also check the service life of the delivered Goods and the integrity of the package. In the absence of claims to the delivered Goods, the Recipient signs in the "Order Delivery Form" and pays the Order (in the event that the Order has not been paid on prepayment terms, in confirmation of which the Buyer is required to provide the representative of the Seller delivering the Order with a payment document confirming the payment made ).
The buyer or his authorized recipient signs in the documents confirming the delivery.
The signature in the above delivery documents indicates that the claims to the Goods by the Recipient have not been declared and the ICC Ivan Ba-Ba and the Seller personally fully and properly fulfilled their obligation to transfer the Goods.
The courier's time at the address of the Recipient should not exceed 15 minutes.
4.10. Features of receiving the Order in the post offices:
Upon receipt of the Order in the postal service department, the Recipient, upon payment of the delivered Goods, must inspect the delivered Goods and perform its opening in the presence of employees of the Post of Russia to check the Goods for compliance with the declared quantity, assortment and completeness of the Goods, and also check the service life of the delivered Goods and the integrity of the packaging.
In the event that there are claims to the delivered Goods (non-compliance, attachment of the Goods other than those indicated in the list of items, production marriages, other claims), the Employees of the Russian Post shall draw up an Act on the revealed discrepancies at the instruction of the Recipient.
If the Claimant has not claimed in the above manner, the ICC "Ivan Ba-Ba" is considered to be fully and properly executed, having fulfilled its obligation to transfer the Goods.
In the case of a return delivered via the Russian Post of the Goods in connection with the existence of claims to the Goods, the Recipient shall attach the following documents to the Sending containing the returned Goods:
- application for a refund of funds;
- a copy of the act on the identified inconsistencies;
- a copy of the payment receipt;
- A copy of the dispatch.
4.11. Claims to the quality of the Purchased Goods that arose after the receipt and payment of the Goods are considered in accordance with the Law of the Russian Federation "On Protection of Consumer Rights" and the Seller's warranty obligations. In this regard, the acquisition of the Goods with delivery does not give the Buyer the right to demand the delivery of the purchased Goods for warranty service or replacement, does not provide an opportunity to provide warranty service or replacement of the Goods by means of a visit to the Buyer and does not imply the possibility of returning the cost of delivery of the Goods in cases where the Buyer has the right to refund money for the Goods as such, in accordance with the Law of the Russian Federation "On Protection of Consumer Rights".
4.12. Delays in delivery are possible due to unforeseen circumstances that occurred not through the fault of the Seller.
4.13. In the event of failure to deliver the Order, the Seller personally or with the participation of the ICC (in the event that money was not sent to the seller until the buyer receives the paid goods) reimburses the Buyer the cost of the Order prepaid by the Buyer and delivery in full after receiving confirmation of the loss of the Goods from the Seller's representative in accordance with the relevant Order The buyer.
5. The price of the Goods and the payment terms of the Order
5.1. All settlements between the Parties are made in the currency chosen by the Buyer (rubles, US dollars, euros). The exchange rate (US Dollars, Euro) is established by the ICC independently and neither have anything in common with the Central Bank of the Russian Federation or the Currency Exchanges and their rate.
5.2. The price of the Goods is indicated on the Site.
5.3. The price of the Goods presented on the Site may be changed by the Seller unilaterally. At the same time, the price for the Goods ordered by the Buyer is not subject to change.
5.4. For individual (or all) names of the Goods, the Seller can set a discount (the share that is valid at the time of the Order by the Buyer of these goods names). The price of the Goods at a discount is indicated on the website.
5.5. The Buyer pays the Order, choosing at its discretion and opportunities one of the ways indicated on the Site.
6. Exchange and return of the Goods:
6.1. Return of the Goods is carried out in accordance with the requirements and provisions established by the Law of the Russian Federation of 17.02.1992. No. 2300-1 "On the Protection of Consumer Rights" (if the Buyer of the Goods from the Seller is an individual), Government Decree No. 55 of January 19, 1998, as amended, as well as other applicable legislation of the Russian Federation.
6.2. The buyer has the right to refuse the ordered Goods at any time until the moment of his departure. In this case, the Seller can independently establish penalties and fines if they occur in any given situation.
6.3. Return of the Goods of the proper quality by the Buyer is possible within 21 (Twenty one) calendar days from the date of receipt of the Goods, Return of the Goods of improper quality is carried out during the warranty period, and in case the warranty period is not established for the Goods within a reasonable time, guided by the provisions of the RF Law " On the protection of consumers' rights "- provided that the goods were not in use, they retained their appearance, consumer properties, seals, factory labels, packaging (in the case the package is part of the Goods), as well as ssovy check (no check does not constitute grounds for refusal to the Buyer's claim for return of the goods subject to the other conditions of return by the Buyer).
6.4. To return the Goods of proper quality, the Buyer shall send an application with copies of the documents confirming the fact of purchase, by e-mail of the Seller. The Seller personally, without the participation of the ICC, accepts the application for consideration within 5 working days from the date of its receipt from the Buyer and agrees with the Buyer on the conditions for the return of the Goods and cash. The seller has the right to refuse to return the goods if it turns out that the goods were in use, and / or has mechanical damages (cracks, scratches, chips).
6.5. When returning the Goods of proper quality, the Buyer shall compensate the seller for all costs associated with the delivery of the returned Goods.
6.6. The seller personally, without the participation of the ICC, returns the money paid for the goods within 10 calendar days from the receipt of the relevant demand from the Buyer.
6.7. Under the goods of inadequate quality is meant the Goods that are defective and can not provide the performance of their functional qualities. The difference in design or design elements, from the declared in the description to the ICC "Ivan Ba-Ba", is not a sign of not quality or functionality of the Goods.
6.8. The buyer who sold the Goods of improper quality (if its shortcomings were not agreed by the Seller), at their choice, may demand from the Seller performance of one of the following:
- replacement of poor quality Goods with good quality;
- a commensurate reduction in the purchase price of a defective Goods;
- Gratuitous elimination of defects of the Goods (in case such defects can be eliminated);
- reimbursement to the Buyer of expenses for elimination of defects of the Goods by the Buyer's forces (in case such shortcomings can be eliminated).
6.9. In case of revealing the shortcomings of the Goods, the properties of which do not allow to eliminate them (foodstuffs, household chemical goods and so on), the Buyer at his choice has the right to demand replacement of such Goods with good quality goods or commensurate reduction of the purchase price of the Goods.
6.10. With regard to a technically complex low-quality Goods, the Buyer shall have the right to request replacement or refuse to purchase the Goods and demand the return of the amount paid for the Goods in the event of a material breach of the requirements for its quality, in accordance with the requirements of the current legislation of the Russian Federation. The buyer returns such Goods to the Seller, while the costs of return are borne by the Seller of the goods sold personally. Civil Code of the Russian Federation: Article 503 / (10832) See List of technically complex products approved by Government Decree of November 10, 2011 No. 924
6.11. Replacement of the Goods by the Seller at the request of the Buyer is carried out in the cases, on terms and within the terms provided by the Law "On Protection of Consumer Rights".
6.12. Goods that are established by Decrees of the Government of the Russian Federation of 20.10.1998 N 1222, of 06.02.2002 N 81 and other applicable regulatory enactments are not subject to exchange.
6.13. If at the time of the Buyer's request for the replacement of the Goods, a similar Product is not available for sale from the Seller, the Buyer shall have the right to demand the return of the sum paid for the Goods specified.
6.14. Refunds are made by means of the refund of the cost of the paid Goods to the bank card, postal order or cash in the office by the Seller's company at the address indicated on the ICC in the section "Seller's Contacts". The method of refund must be specified in the application for the return of the Goods.
- Responsibility of the Parties.
7.1. ICC "Ivan Ba-Ba" is not liable for damage caused to the Buyer due to improper use of the Goods purchased from the Seller.
7.2. ICC "Ivan Ba-Ba" is not responsible for the information provided by the User on the Site in a public form.
7.3. In all circumstances, the total liability of the Seller under this Agreement, for any claim or claim in respect of the Offer contract or its performance, is limited to the amount of payment paid to the Seller by the Buyer for the relevant Order, but not more than 10,000.00 (Ten thousand) rubles, and is assigned to The seller in the presence of guilt in his actions.
7.4. ICC "Ivan Ba-Ba" is not responsible for the impossibility of the Seller's fulfillment of the Buyer's order for any reasons beyond its control, including disruption of communication lines, equipment malfunction, failure to fulfill the obligations of suppliers of certain services, etc.
7.5. In the event that, for any reason, the Seller does not ship the Goods to the Buyer or ship the Goods in breach of deadlines, the Seller's liability for the violation is limited solely to the extension of the delivery time of the Goods.
7.6. ICC "Ivan Ba-Ba" under no circumstances bears any responsibility under this Agreement for: a) any actions and / or inactions that are the direct or indirect result of actions / omissions of any Sellers and third parties themselves; b) any indirect losses and / or lost profits of the Buyer and / or third parties, regardless of whether the Seller could foresee the possibility of such damages or not; c) the use (inability to use) and any consequences of the use (impossibility of use) by the Buyer of the chosen form of payment for the Goods under this Agreement when paying for the Order.
7.7. The parties are exempted from liability for violation of the terms of this User Agreement, if such violation is caused by force majeure circumstances, including: actions of state authorities (including adoption of legal acts), fire, flood, earthquake, other spontaneous disasters, lack of electricity and / or computer network malfunctions, strikes, civil unrest, unrest, any other circumstances, not limited to those listed, which may affect the performance of C Oron its obligations.
7.8. Recognition by a court of any provision of this Offer Agreement void or not subject to compulsory execution shall not entail invalidity or impracticability of other provisions of this Treaty.
- Contract time:
8.1. This Agreement shall enter into force upon signature by the Parties and shall remain in force until the Parties fulfill their obligations under the Treaty in full. The moment of signing by the Buyer is the registration of the Buyer on the Site or registration of the order through the site of ICC "Ivan Ba-BA"; the moment of signing by the Seller is the moment of placing by the Seller of any goods for sale to the Buyer.
- Final conditions:
9.1. All disputes arising between the parties are obligatory resolved through direct negotiations and written claims correspondence with observance of the pre-judicial procedure for resolving disputes. If the parties do not reach any conclusion, they are bound to continue further attempts at negotiations until this becomes possible or leads to a final agreement.
9.2. Unresolved disputes are subject to judicial review in accordance with the current legislation of the Russian Federation.
9.3. In all other respects, which is not stipulated by this Agreement, the Parties are guided by the current legislation of the Russian Federation, regardless of the location of both the Buyer and the Seller as a whole.
9.10. All parties to the treaty agree that the contract is written in a language they understand, they have been fully read and they agree with each paragraph of the treaty.
9.11. All parties to the agreement agree that they can present all the claims to each other without the participation of the owner of ICC Ivan Ba-ba and all the data of both the seller and the buyer are indicated by each other in the forms and fields corresponding to the data entered and specified correctly.
9.4. The legal address and details of the owner of ICC "Ivan Ba-ba":
INDIVIDUAL BUSINESSMAN Lukin VS, 108809, Moscow, ul. Field 12,
ОГРНИП 318774600163340, INN 633013796045, account number 40802810302490001856 in the joint-stock company "ALPHA-BANK", MOSCOW, city of Moscow, c / c 30101810200000000593, BIC 044525593.