Sales contract
(public offer for the sale of goods remote way)
Terms and definitions
This Agreement is a public offer in which, unless the context otherwise requires, the following terms have the following meanings and are an integral part of it:
"Seller" - Private Entrepreneur Alexey Polunin (ITN 782570007636, PSRNSP 315784700013554 address: 191036 Russia, St. Petersburg, 5-ya Sovetskaya str., b. 4, ap. 3), registered in accordance with the legislation of the Russian Federation and carrying out business activities for the sale of Goods by remote means;
"Buyer" - any individual who has accepted (accepted) this offer under the following conditions;
"Registered buyer" - The buyer who provided the Seller with his personal data by registering on the Site, which can be used by the Seller for registration and execution of the Buyer's Order;
"Site" - website of the online store "Piter-PM", located on the Internet at www.piter-pm.com;
"Online store" - online store selling miniatures, vignettes, dioramas, soldiers, models and related accessories under the trademark "Piter-PM", posted on the Site;
"Goods" - object of sale (miniatures, vignettes, dioramas, soldiers, models and related accessories), not withdrawn or restricted in civil circulation and offered for sale by placing in the appropriate section of the online store;
"Order" - a request made by the Buyer in the online store for the purchase and delivery of Goods selected by the Buyer in the online store, and provided to the Seller via the Internet (an electronic form posted on the Site) and (or) issued by the Buyer by phone;
"Courier service" - a third-party organization that provides delivery services for products ordered by the Buyer.
For the purposes of this offer, terms and definitions in the singular also apply to terms and definitions in the plural and Vice versa.
1. Generalities
1.1. In accordance with article 437 of the Civil Code of the Russian Federation (hereinafter - СС RF), this document is a public offer addressed to individuals, and, if the conditions set out below are accepted, the individual undertakes to pay for the goods and receive Them on the terms set out in this offer. In accordance with § 3 of article 438 CC RF, payment for Goods by the Buyer is an acceptance of the Seller's offer, which is equivalent to concluding A contract of sale of Goods on the terms set out in this offer and on the Site.
1.2. The seller and the Buyer guarantee that they have the necessary legal capacity and legal capacity, as well as all the rights and powers necessary and sufficient to conclude and execute the contract of retail sale of Goods.
1.3. When ordering Products through the online store, the Buyer unconditionally accepts the terms of this offer, as well as the conditions specified on the Site. When the Buyer Places an order for the Product on the Website, it confirms the conclusion of a transaction (Agreement) between the Seller and the Buyer for the retail purchase and sale of the Product.
1.4. The relations between the Buyer and Seller, the provisions of CC RF (including the regulations on retail purchase and sale (Chapter 30, § 2)), the Russian Federation Law "On protection of consumer rights" from 07.02.1992, № 2300-1, the government of the Russian Federation of 27.09.2007 №612 "On approval of Rules of sale of goods remote way" and other provisions of the current legislation of the Russian Federation.
1.5. The seller reserves the right to make changes to this offer, and therefore the Buyer undertakes to independently monitor the availability of changes in the offer posted on the Site. The Seller shall post a notification of changes to this offer on The website in the "News" section no later than seven business days before the date of their entry into force.
2. Subject of Contract
2.1. The seller transfers, and the Buyer pays and accepts for the Goods on the terms of this offer.
2.2. Receipt by the Seller of an Order from the Buyer via the form on the Website or by phone is an acceptance of this offer.
2.3. Ownership of the Product passes to the Buyer at the time of acceptance of the Product from the Courier service and payment of the full cost of the accepted Product.
2.4. The risk of accidental loss or damage to the Product passes to the Buyer from the moment of acceptance of the Product by the Buyer.
3. Rights and obligations of the parties
3.1. The seller undertakes:
3.1.1. From the moment of conclusion of this Agreement, ensure the fulfillment of its obligations to the Buyer on the terms established by this offer and in accordance with the requirements of the current legislation of the Russian Federation. The seller reserves the right to refuse to perform its obligations in the event of force majeure in accordance with clause 9 of this offer.
3.1.2. Provide confidential processing and storage of the Buyer's personal data provided to the Seller in accordance with the procedure established by the current legislation of the Russian Federation.
3.1.3. By accepting this offer, the Buyer confirms its consent and authorizes PE Polunin A.N. (hereinafter referred to as the Operator) to process and store their personal data, including:
- Full name, date of birth, gender;
- delivery address, phone number to contact the Buyer;
- e-mail address.
- passport or identity card details (in case of exchange or return of goods);
- home address (in the case of processing the exchange or return of goods);
- number of the card (account) from which the product was paid (in the case of making a return of the product).
The processing of personal data in this offer is understood as the collection of the above data, their systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer in the territory of the Russian Federation and cross-border transfer), depersonalization, blocking and destruction.
3.1.3.1. The operator has the right to transfer the Buyer's personal data to Courier services in order to deliver The goods ordered by the latter to the Buyer.
3.1.3.2. The buyer agrees and allows the Operator and its authorized Courier services to process the Buyer's personal data using automated database management systems, as well as other software and hardware tools according to the above algorithm (collection, systematization, accumulation, storage, clarification, use, blocking, destruction).
3.1.3.3. The operator may determine the used ways of processing the personal data of the Buyer, including (but not limited to): automatic verification of postal codes database codes (indexes), automatically check the spelling of the names of streets and settlements, segmenting the database according to specified criteria, etc. Clarification of the Buyer's personal data is carried out by telephone or by means of communication via the Internet (by e-mail or other means).
3.1.3.4. The buyer agrees that his personal data received by the Operator may be transferred to third parties for the purposes specified in this offer, or to fulfill the Seller's obligations under the transaction concluded with the Buyer in respect of the Goods. The buyer also grants the Operator and third parties the right to process and use their personal data for the purpose of conducting research aimed at improving the quality of services and Products provided, including for conducting marketing programs and research, statistical research, as well as for promoting the "Piter-PM" brand on the market. The buyer agrees that the Seller or its authorized persons have the right to interact with the Buyer by making direct contacts with the Buyer using various means of communication, including, but not limited to: mailing lists, e-mail, telephone, Internet, etc., provided that such third parties comply with the current legislation of the Russian Federation in the field of personal data protection. When transferring the Buyer's personal data to third parties, the Operator warns those who receive the Buyer's personal data that these data are confidential and can only be used for the purposes for which they are communicated, and requires such third parties to comply with this condition.
3.1.3.5. The buyer has the right to request full information from the Operator about their personal data, their processing and use. The operator ensures the confidentiality of the personal data provided by the Buyer, their protection from unauthorized access, copying, and distribution. At any time, the Buyer has the right to request a list of their personal data and (or) request to change or destroy their personal data by calling the Operator by phone, sending an email or using the appropriate software application.
3.1.3.6. In accordance with paragraph 4 of article 16 of the Federal law "On information, information technologies and information protection", the Seller undertakes to prevent unauthorized access to the Buyer's personal data provided to the Seller, to detect and prevent such attempts in a timely manner.
3.2. The seller has the right to:
3.2.1. Change the terms of this offer. To change the prices of the Goods specified in the online shop, payment methods and delivery terms; and other terms specified in this offer or in the online store.
3.2.2. Transfer your rights and obligations under the transaction (Agreement) concluded with the Buyer to third parties without the consent of the Buyer.
3.2.3. When making a pre-payment by the Buyer at the time of delivery of the Goods, require (in person or through a Courier service) from the Buyer (or his representative) documents proving the identity of the Buyer or documents confirming the fact of payment for the Goods (in order to avoid receiving the Goods by unauthorized persons).
3.3. The buyer undertakes:
3.3.1. Before placing an Order on the Site, read the content and conditions defined by this offer, other conditions specified on the Site, as well as the Product prices set in the online store.
3.3.2. In order for the Seller to fulfill its obligations to the buyer, the Latter must provide personal data necessary for its identification and sufficient to complete the transaction and deliver the ordered Goods to the Buyer – last name, first name and patronymic of the Buyer (payer) or recipient (if they are different persons), delivery address, phone number and email address.
3.3.3. Pay for the ordered Product and its delivery on the terms of this offer.
3.3.4. Comply with the terms and conditions set forth in this offer, as well as other terms and conditions specified on the Site.
4. Registration in the online store
4.1. Ordering in the online store is available to both registered and unregistered Customers. Registering a customer gives Them additional advantages, in particular, access to the "Private office", the ability to reserve Goods and participate in the Customer loyalty Program.
4.2. The seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
4.3. The registered buyer is identified by the login (name) provided by the Buyer at the time of registration on the Site. Identification of the Buyer allows you to avoid unauthorized actions of third parties on behalf of the buyer, and also gives the Latter access to additional services of the online store.
4.4. The Buyer is not allowed to transfer the username and password to third parties.
5. Design, features and deadlines of the order
5.1. The Buyer's order is made by filling out an electronic Order form on the Website and (or) by phone.
5.1.1. By placing an Order over the phone or via an electronic form on the Site, the Buyer confirms that he is familiar with the rules for selling Goods through the online store specified on the Site and in this offer, and undertakes to provide the Seller with all the information necessary for proper registration and execution of the Order, including the name and number of purchased Goods.
5.1.2. When placing an Order through the Site, the Buyer fills out an electronic Order form and sends the generated Order to the Seller by confirming the Order in electronic form.
5.2. In the absence of the warehouse of the Seller the required number or range of ordered Goods, the Seller shall inform the Buyer by phone or by sending a message to the Buyer's email address within two hours of receipt of Order from Buyer. The buyer may agree to accept the Product in a different quantity or assortment, or cancel the Order. If the Buyer does not respond within three calendar days from the date of notification of the Buyer by the Seller, the Seller has the right to cancel the Buyer's Order in full.
5.3. The buyer has the right to change the composition of the Order before sending it to the Courier service by notifying the Seller by phone or email.
5.4. The buyer agrees that the Product, due to manual manufacturing, may have minor differences from the samples presented on the Site-color, texture, painting, details. The buyer has the right to agree in advance with the Seller special requirements for the Product when forming an Order.
5.5. If the Buyer has any questions about the properties and characteristics of the Product, before placing an Order, the Buyer should contact the Seller by phone or email to obtain the necessary information.
6. Goods delivery
6.1. The seller undertakes to make every effort to comply with the terms of delivery of the Goods set out in this offer and (or) on the Site. However, delays in the delivery of Goods are possible due to unforeseen circumstances that occurred through no fault of the Seller.
6.2. The buyer has the right to cancel the Order at any time. In this case, if the Product has not yet been transferred to the Courier service before the refusal, the paid value of the Product is returned to the Buyer together with the payment for delivery. If rejection occurred after transfer of the Goods to the Courier service the Buyer be refunded the cost of the Order minus the paid shipping costs of the Goods by Courier (including the cost of return shipping).
6.3. In the case that the Goods were not transferred to the Buyer the fault of the latter, re-delivery may be made if agreed by Seller and buyer of the new delivery terms and subject to Buyer's payment of the cost of re-delivery of the Goods.
6.4. Delivery of the Goods is carried out by Courier services authorized by the Seller to deliver the Goods to the Buyer; or, in certain cases, personally by the Seller. The list of Courier services, cost and delivery times are displayed on the order page when you place Your order. The relevant courier service informs the Buyer about the period during which the Buyer must appear at the point of delivery of the Goods.
6.5. Upon receipt, the Buyer must check the Product for compliance with the Order in terms of completeness and appearance. Acceptance of the Goods is confirmed by the Buyer's signature on the invoice form. The acceptance of the Goods without comment deprive the buyer of right to invoke the incompleteness of the Goods, obvious external damage of the Goods (apparent manufacturing defect), the discrepancy of the Goods actually delivered or the accompanying document.
6.6. Upon delivery, the ordered Goods are handed over to the Buyer, and in his absence-to any person who has a document with the Order number, Buyer's data and paid for the Order (or presented a receipt or other document confirming the prepayment made by the Buyer).
6.7. For more information about the delivery of the Product, see the "Delivery" section of the Site.
7. Payment for goods
7.1. Prices for Goods are determined by the Seller unilaterally and are indicated on the Site in Russian rubles. The price of the Product can be changed by the Seller unilaterally. In this case, the price of the Product already ordered by the Buyer is not subject to change.
7.2. The buyer can order a Product that is available in stock at the time of placing the Order. If the Product is not in stock (custom manufacturing is required), the Buyer sends the completed pre-order form to the Seller and negotiates the terms of production with the Seller by phone or e-mail.
7.3. Payment for the Goods by the Buyer is made in rubles by Bank card or cash on delivery when receiving the Goods from the Courier service.
7.4. The buyer must pay for the ordered Product within 3 (three) banking days from the date of placing the Order. If there is no payment within the specified period, the Product is removed from the reservation.
7.5. For more information on payment for the Product, see the "Order and Payment" section of the Site.
8. Return of goods
8.1. The buyer is entitled to refuse the goods of good quality at any time before its transfer, and after Goods transfer - within seven calendar days of receipt of the Goods by the Buyer.
8.2. Return of Goods of good quality is possible if the following conditions are met:
- preserved product appearance (original packaging, factory labels, seals);
- saved consumer properties of the Product;
- The product has no external damage;
- The product must be clean, without traces;
- availability of documents for the Product confirming the purchase of the returned Product (cash or sales receipt).
If the above conditions are not met, the Seller has the right to refuse to accept the returned Product.
8.3. When returning an item of proper quality in accordance with §§ 8.1. and 8.2. The Buyer is refunded the cost of the Product, except for the cost of delivery of the Product to the Buyer. The Buyer's expenses for returning goods of good quality to the Seller are not reimbursed by the Seller. The refund period is ten days from the date of transfer of the returned Product to the Seller and provision by the Buyer of the completed refund Form (the basis for the refund), provided that the Buyer complies with the conditions set forth in this offer.
8.4. Return of Goods to the Seller is carried out by transferring the Goods by the Buyer or his representative.
8.4.1. If the product is returned of good quality, the Seller accepts the Product only if the Buyer complies with the terms of §§ 8.1.-8.3. present offer. If these conditions are violated, the Seller may refuse to return the Product to the Buyer.
8.4.2. When returning the Product, the Buyer must fill out and provide the Seller with a return Form, which should indicate:
- full name of the Seller;
- last name, first name, patronymic of the Buyer;
- name of Goods;
- dates of conclusion of the contract and transfer of Goods;
- amount to be refunded;
8.4.3. In case of return of Goods of inadequate quality, the Seller accepts such Goods in accordance with the provisions of the current legislation of the Russian Federation.
8.5. If the Seller returns an item of improper quality, the claim is reviewed by internal Quality control within seven business days from the date of receipt of the Item. In cases stipulated by the current legislation of the Russian Federation, the Seller has the right to initiate an independent examination of the Product.
8.6. In case of detection (confirmation) hidden manufacturing defects of the Goods, the Buyer's claim is satisfied and it returns the value of the Goods and compensates documented expenses incurred by the Buyer for return shipment (return) of the Goods to the Seller within ten working days after acceptance of the Goods by the Seller (in the absence of a dispute between Seller and Buyer), or within ten working days since the receipt of the opinion of an independent expert examination of Goods (in the case of a dispute between the Seller and the Buyer).
8.6.1. Independent examination is carried out no more than 20 working days from the date of receipt of the Goods by the Seller. If the independent examination will reveal the hidden defects of the Goods, the Seller shall be obliged within ten working days of receipt of the conclusion of the independent examination, to pay to the buyer the price of the Goods (including the cost of delivery to the Buyer), and documented costs to the consumer for a return shipment (return) of such Goods to the Seller.
8.6.2. In case of partial return of the Goods by the Buyer, the cost of delivery of the Goods to the Buyer and its costs for returning the Goods to the Seller are not reimbursed.
8.7. If an independent examination does not reveal the presence of hidden manufacturing defects, the Product is returned to the buyer at His expense. If, within forty-five days after notifying the Buyer of the results of the independent examination, which rejected his claims, the Buyer does not pay the Seller's expenses related to this examination, the Product is considered unclaimed by the Buyer and is retained by the Seller. In this case, the money for the Product is not returned to the Buyer.
8.8. Refunds for Goods returned by the Buyer to the Seller under the terms of this offer are made upon the written request of the Buyer. Refunds are made directly to the account specified in the refund Form. if you pay with a Bank card, the funds will be returned to the card from which the Order was paid.
8.9. Additional information about returning the Goods, see the section on the website "Returning the goods".
9. Force majeure
The parties are released from liability for full or partial non-performance of their obligations under this Agreement if this non-performance was caused by force majeure. Force majeure means extraordinary events and circumstances that the Parties could not have foreseen or prevented by reasonable means: strikes, floods, fires, earthquakes and other natural disasters, wars, military actions, etc.
10. Responsibility of parties
10.1. The Parties are responsible 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.
10.2. All text information and all graphic images posted on the Site have a legal copyright holder. Illegal use of the specified information and images is prosecuted in accordance with the legislation of the Russian Federation.
10.3. The seller is not responsible for any damage caused to the Buyer as a result of improper use of the Product purchased in the online store.
10.4. The seller is not responsible for the Buyer's losses resulting from incorrect Order processing, including incorrect indication of personal data, as well as illegal actions of third parties.
10.5. The buyer is fully responsible for the accuracy of the information and personal data specified by them when registering in the online store.
11. Other conditions
11.1. All disputes related to non-performance or improper performance of obligations under this Agreement, the Parties intend to resolve through negotiations.
11.2. If there is no agreement during the negotiations, disputes will be resolved in court in accordance with the legislation of the Russian Federation.