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Public Offer Agreement for the sale of goods of the max4u.pro Online Store

General provisions.
1. This Agreement is concluded between the Individual Entrepreneur (IP) Kudryavtsev Maksim Viktorovich (hereinafter — the Seller), which is the owner of the max4u.pro Online Store, web: https://max4u.pro/ (hereinafter — the Online Store), and the user of the Online Store services (hereinafter — the Buyer), and determines the conditions for purchasing goods through the website of the Online Store.
2. The Buyer confirms consent with the conditions established by this Agreement by checking the box “I agree to the terms of purchase and processing of my personal data” when placing an Order.
3. In accordance with Article 437 of the Civil Code of the Russian Federation (hereinafter — the Civil Code of the Russian Federation), this document is a public offer addressed to individuals, and in case of acceptance of conditions set out below, the individual shall pay for the Goods and their delivery under the conditions set forth in this offer.
4. In accordance with clause 3 of Article 438 of the Civil Code of the Russian Federation, payment for the Goods by the Buyer shall be an acceptance of the Seller’s offer, which is equal to concluding an Agreement of sale and purchase of the Goods under the conditions set out in this offer and on the Website.
5. The Seller and the Buyer guarantee that they have the required legal and contractual capacity, as well as all the rights and powers required and sufficient for the conclusion and execution of the Agreement for the retail sale and purchase of the Goods.
6. When ordering the Goods through the Online Store, the Buyer unconditionally accepts the terms of this offer, as well as the conditions specified on the Website. The Order of the Goods placed by the Buyer on the Website is a confirmation of the transaction (Agreement) concluded between the Seller and the Buyer for the retail sale and purchase of the Goods.
7. The relationship between the Buyer and the Seller shall be subject to provisions of the Civil Code of the Russian Federation (including the regulation on retail sale and purchase (Chapter 30, § 2)), Law of the Russian Federation “On Protection of Consumer Rights” No. 2300-1 dated 07.02.1992, Decree of the Government of the Russian Federation No. 612 “On approval of the Rules for the distance selling of goods” dated 27.09.2007 and other provisions of the current legislation of the Russian Federation.
8. The Seller reserves the right to make changes to this offer, in connection with which the Buyer shall independently monitor the presence of changes in the offer posted on the Website. The Seller shall place a notice of changes in this offer no later than 7 (seven) business days before the date of their entry into force.
9. Based on the foregoing, please carefully read the text of the public offer, and in case of non-agreement with any offer clause, you are proposed to refuse to purchase the Goods or use the Services provided by the Seller.
10. This Agreement should be considered in the form as it is published on the Online Store website, and should be applied and interpreted in accordance with the legislation of the Russian Federation.
11. In this offer, unless the context requires otherwise, the following terms shall have the following meanings:
  - “Offer” – a public offer of the Seller, which is addressed to any individual (citizen) regarding conclusion of an agreement of sale and purchase (hereinafter referred to as the “Agreement”) on the existing conditions contained in the Agreement, including all annexes thereto.
  - “Buyer” — an individual who has concluded an Agreement with the Seller on the terms contained in the Agreement.
  - “Acceptance” — full and unconditional acceptance of the Agreement terms by the Buyer.
  - “Goods” — a list of items of the category of manicure nail dust collectors, recirculating cleaners and accessories, presented on the official Seller’s website.
  - “Order” — individual items from the items list of the Goods specified by the Buyer when placing an order on the Website or through the Operator.
  - “Delivery” — courier services for the Order delivery.
Subject of the Agreement.
1. The Seller shall transfer to the Buyer, and the Buyer shall pay and accept the Goods of the category of manicure nail dust collectors and accessories ordered in the max4u.pro Online Store.
2. The ownership of the ordered Goods shall pass to the Buyer from the moment of the actual transfer of the Goods to the Buyer and payment of the full cost of the Goods by the latter. The risk of accidental destruction or damage to the Goods shall pass to the Buyer from the moment of the actual transfer of the Goods to the Buyer.
3. The fact of placing an Order by the Buyer is an unconditional fact of acceptance of the terms of this Agreement by the Buyer.
Registration and execution of the Order.
1. The Order of the Goods shall be carried out by the Buyer on the Seller’s Website https://max4u.pro/ (hereinafter referred to as the Website).
2. Placing an Order on the Website does not require the registration.
3. When placing an Order on the Website, the Buyer shall provide the following information:
  - last name, first name, patronymic (if any);
  - actual delivery address;
  - e-mail;
  - contact phone (cell or landline phone).
4. The Seller shall not disclose the Buyer’s data specified when placing the Order to persons not related to the Order execution.
5. The Seller shall not be responsible for the content and accuracy of the information provided by the Buyer when placing the Order.
6. The Buyer shall be responsible for the accuracy of the information provided when placing the Order.
7. The Buyer’s payment for the Order placed independently on the Website and putting a corresponding mark on the payment page means the Buyer’s consent to the terms of this Agreement. The day of the Order payment shall be the date of conclusion of the Agreement of sale and purchase between the Seller and the Buyer.
8. Upon completion of the process of placing the Order, it is automatically provided with an identification number (“Order No.”).
9. The Buyer shall choose the method of payment and delivery when placing the Order independently, from the options proposed by the Seller. The Buyer shall pay for the Goods in accordance with the chosen method.
10. The fact of placing the Order and paying for the Goods shall be confirmed by sending an e-mail or SMS to the Buyer. If the Buyer does not receive an email or SMS to the specified mail or phone, the Buyer shall contact the Seller in order to receive confirmation of payment for the Goods within 1 (one) day from the date of payment.
11. All information materials presented on the Seller’s Website shall be for reference purposes only and cannot fully forward reliable information about certain properties and characteristics of the Goods. If the Buyer has any questions regarding the properties and characteristics of the Goods, the Buyer should consult with the Seller before placing the Order.
Order execution period.
1. The Order execution period depends on the availability of the ordered items of the Goods in the Seller’s warehouse and the time required to process the Order. The term for the Order execution in exceptional cases can be negotiated with the Buyer individually, depending on the characteristics and quantity of the ordered Goods. In the absence of a part of the Order in the Seller’s warehouse, including for reasons beyond the control of the latter, the Seller shall have the right to exclude the specified Goods from the Buyer’s Order. The Seller shall notify the Buyer about the change in the completeness of the Buyer’s Order.
2. If the Order execution period is not specified when placing the Order, the default period shall be 30 (thirty) calendar days.
3. The Order is considered delivered at the time of its transfer to the Buyer. The Buyer confirms the Order execution by signing on the courier’s list.
4. If the Buyer provides unreliable information about own contact details, the Seller shall not be responsible for improper Order execution.
5. In case of improper execution of the Order delivery through the Seller’s fault, the repeated Order delivery shall be carried out free of charge, or the Order may be canceled at the Buyer’s request with a subsequent return of funds to the bank card or account of the Buyer, depending on the payment method.
Payment for the Goods.
1. The prices for the Goods shall be determined by the Seller unilaterally and indicated on the Website in Euro. The price of the Goods can be changed by the Seller unilaterally. In this case, the price for the Goods ordered and paid by the Buyer shall not be subject to change.
2. The Buyer shall pay for the ordered Goods within 3 (three) banking days from the Order placement date.
3. The payment for the Goods by the Buyer shall be made either using a payment card, or through PayPal or by bank transfer, by transferring funds to the Seller’s account. The payment method shall be agreed with the Buyer.
4. All transactions with plastic cards shall be carried out using the ChronoPay electronic payment gateway. ChronoPay specializes in ensuring the security of online card payments. When making a payment, ChronoPay accepts the data of your plastic card, and then this information is transmitted via a secure SSL communication channel to the ChronoPay authorization server. Your card data is transmitted in encrypted form only. When transferring information, ChronoPay uses special security technologies for online card payments — Verified by Visa and MasterCard Secure Code. All operations on your card are carried out in full compliance with the requirements of VISA International, MasterCard and other payment systems. The security of processing Internet payments through ChronoPay is guaranteed by international PCI DSS security certificates. ChronoPay activities comply with the requirements of the law “On personal data”. All actions with personal data of payers are performed in the territory of the Russian Federation only. In accordance with the requirements of international payment systems, after the payment is completed, your card details are not saved either in the Online Store or on the ChronoPay authorization server.
5. The prepayment by bank transfer is made only after confirmation of the Order by the Seller’s manager.
6. After confirmation of the Order by the manager, a bill is sent to the Buyer by e-mail or SMS. After obtaining the bill, which indicates the payment amount, payment details, the Order number and the payer’s data, the Buyer can make a payment by bank transfer to the Seller’s account.
7. The payment for the Goods shall be considered as performed from the moment of successful completion of the card transaction or receipt of funds to the Seller’s account with a non-cash payment method. The fact of the service payment shall be confirmed by the Seller by sending a letter to the Buyer’s email or SMS to the phone number specified by the Buyer.
8. The Agreement of sale and purchase shall be considered concluded from the moment of payment for the Goods by the Buyer.
Delivery of the Goods.
1. The delivery shall be carried out in a manner agreed with the Buyer.
2. Upon delivery, the ordered Goods shall be handed over to the Buyer, and in the Buyer’s absence — to any person (hereinafter referred to as the Authorized Person) who has presented a receipt or other document confirming the prepayment made by the Buyer.
3. The Seller’s obligation to supply the Goods with the condition of their delivery shall be considered fulfilled from the moment of signing shipping documents by the Buyer or the Authorized Person. The acceptance of the Goods without comments deprives the Buyer of the right to refer to the discrepancy between the actually delivered Goods and the Order or the accompanying document.
4. The ownership of the Goods and the risks of accidental damage and/or destruction of the Goods shall pass to the Buyer from the moment of the actual transfer of the Goods and the signing of the shipping documents by the Buyer or the Authorized Person upon delivery of the Goods to the Buyer.
5. The cost of delivery shall be calculated by the Seller at the rates of the company selected by the Buyer for delivery at the time of the Order confirmation.
6. The Seller shall make every effort to comply with the Goods delivery period set out in this offer and/or on the Website. However, delays in the Goods delivery are possible due to unforeseen circumstances that occurred through no fault of the Seller. The delivery time depends on the Buyer’s location and ranges from 1 (one) to 30 (thirty) calendar days.
7. The Buyer shall have the right to refuse the Order at any time until the moment of its transfer to the delivery service.
8. If the Goods have not been handed over to the Buyer through the fault of the latter, the re-delivery can be made subject to the agreement of new delivery times between the Seller and the Buyer and subject to the Buyer’s payment of the cost of the second delivery of the Goods.
9. If the Buyer refuses to accept and pay for the Goods upon placing the Order, the Buyer shall pay the Courier Service the cost of the Goods delivery.
Return and exchange of the Goods.
1. In accordance with paragraph 4 of Article 26.1 of Law of the Russian Federation No. 2300-1 “On Protection of Consumer Rights” dated 07.02.1992, the goods purchased remotely can be returned within 7 days from the date of purchase or canceled at any time before receipt.
2. The Buyer shall compensate the Seller for the required transport costs incurred in connection with the arrangement of exchange or return of the Goods.
3. If the Seller delivers the Goods of inadequate quality, the Buyer shall provide the Goods to the Seller’s office as soon as possible to check the quality of the Goods.
4. The return of the Goods of inadequate quality is possible during the period of warranty service, subject to the mandatory provision of a technical examination report by the Warranty Repair Service or an independent examination.
5. The Buyer shall have the right to refuse the Goods of adequate quality within 7 (seven) calendar days from the date of receipt of the Goods if the Goods have not been used, if the package, presentation, consumer properties, seals, factory labels, as well as shipping documents and/or receipts of payment for the Goods, if any, have been preserved.
6. In order to return the Goods of adequate quality, the Buyer shall provide an application with copies of documents confirming the fact of purchase in the Online Store https://max4u.pro/, by mail, by e-mail i@max4u.pro or directly to the Seller’s Office. The Seller shall accept the application for consideration within 5 business days and agrees the conditions for returning the Goods with the Buyer. The Seller shall have the right to refuse to return the Goods if it turns out that the Goods were in use and/or have mechanical damage (cracks, scratches, chips, lack of package, etc.).
7. The return of the Goods shall be carried out at the Buyer’s expense and organized by the Buyer independently.
8. When returning the Goods, the Buyer shall compensate the Seller for all costs associated with the delivery of the returned Goods.
9. In case of a correctly executed return procedure, the Seller shall return the money paid for the Goods within 10 business days from the date of receipt of the Buyer’s application, to the account specified in the application.
10. In case of using a payment card, the refund shall be made to the card which the Order was paid by.
Force Majeure.
Either Party shall be free from liability for full or partial failure to fulfill its obligations under this Agreement, if this failure was caused by force majeure. Force Majeure means extraordinary events and circumstances that the Parties could neither foresee nor prevent by reasonable means. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, hostilities, etc.
Responsibility of the Parties.
1. The Parties shall be liable for non-fulfillment or improper fulfillment of the terms of this Agreement (the Seller’s offer accepted by the Buyer) in accordance with the legislation of the Russian Federation.
2. All text information, graphic images and logos posted in the Online Store and on the Website have the legal copyright holder. Illegal use of this information and images shall be prosecuted in accordance with the current legislation of the Russian Federation.
3. The Seller shall not be responsible for damage caused to the Buyer as a result of the Buyer’s improper use of the Goods purchased in the Online Store.
4. The Seller shall not be responsible for the Buyer’s losses incurred as a result of incorrect filling of the Order, including incorrect indication of personal data, as well as illegal actions of third parties.
5. The Buyer shall be fully responsible for the accuracy of the information and personal data specified when placing an order in the Online Store.
Personal data processing.
1. By placing an Order on the Website https://max4u.pro/, the Buyer confirms own consent to the processing of the following Buyer’s personal data by the Seller: full name, contact phone, e-mail, residence address.
2. The personal data processing shall be carried out by the Seller in order to provide information about services, loyalty promotions, for marketing and other commercial purposes, as well as in order to comply with the requirements of the legislation of the Russian Federation.
3. The Buyer gives consent to any actions taken in relation to own personal data required to achieve the above goals, including collection, systematization, accumulation, storage (in electronic and paper form), clarification (update, change), transfer, depersonalization, blocking, destruction, transfer of personal data, as well as any other actions with my personal data, taking into account the current legislation.
4. The consent to the personal data processing shall be provided for a period of 5 years.
5. The Seller shall process and ensure the confidentiality of personal data in accordance with the requirements of the current legislation of the Russian Federation.
6. The Buyer is notified of having the right to withdraw this consent by sending a written notice to the Seller at the address: 392031, Tambov region, Tambov city, Sovetskaya St. 194L, office 203, at least 1 (one) month before the consent withdrawal.
Other conditions.
1. The Parties shall try to resolve all disputes related to non-fulfillment or improper fulfillment of their obligations under this Agreement through friendly negotiations.
2. If no agreement is reached during the negotiations, the disputes shall be resolved in court in accordance with the current legislation of the Russian Federation.
3. The term for the Application consideration and the return of funds to the Buyer shall begin from the moment of receiving the Application by the Seller, and shall be calculated in business days, excluding holidays/weekends. If the Application is received by the Seller after 6 PM on a business day or on a holiday/weekend, the next business day shall be considered the moment of receiving the Application by the Seller. For questions of payment, quality, timeliness of receiving services and other issues regarding card transactions, please call +7(495)540-57-50 or write to: i@max4u.pro.
The Seller’s addresses and details:
Individual Entrepreneur (IP) Kudryavtsev Maksim Viktorovich
TIN 682963569900
Bank details:
BIC 044525201
Bank “AVANGARD”, PAO AKB
Correspondent account 30101810000000000201
Settlement account 40802810926100009300
Legal address: 392027, Tambov, Vysheslavtseva St. 51
Postal address: 392031, Tambov region, Tambov city, Sovetskaya St. 194L, office 203
Phone: +7(495)540-57-50
email: i@max4u.pro