PUBLIC OFFER AGREEMENT
1. GENERAL PROVISIONS
1.1. This document constitutes a Public Offer of Individual Entrepreneur Yulia Vladimirovna Kirchgesner, TIN (INN) 661708499545, PSRNSP (OGRNIP) 320665800160735 (hereinafter referred to as the “Seller”), to enter into a retail sale and purchase agreement for goods by remote means.
1.2. The publication of this Offer on the website https://saint-art.net (hereinafter referred to as the “Website”) constitutes an offer by the Seller to enter into an agreement under the terms set forth herein.
1.3. The retail sale and purchase agreement shall be deemed concluded upon acceptance of this Offer by the Buyer in accordance with the procedure set forth in Section 5 of this Offer.
1.4. By accepting this Offer, the Buyer confirms that they have read and understood the terms hereof, accept them fully and unreservedly, possess the necessary legal capacity, and provide accurate details required for the performance of the Agreement.
1.5. This Offer shall be effective from the date of its publication on the Website until its revocation or the publication of a new version.
2. SELLER DETAILS
2.1. Seller: Individual Entrepreneur Yulia Vladimirovna Kirchgesner.
2.2. TIN (INN): 661708499545 | PSRNSP (OGRNIP): 320665800160735
2.3. Date of State Registration: November 18, 2020.
2.4. Registering Authority: Inspectorate of the Federal Tax Service for the Verkh-Isetsky District of Yekaterinburg.
2.5. Registered Address: Sverdlovsk Region, Municipal District of Krasnoturyinsk, Krasnoturyinsk, Russian Federation.
2.6. Email address for inquiries and claims: magazine.saint.art@gmail.com
3. PRODUCT INFORMATION
3.1. Products offered for sale are displayed on the Website in the “Shop” section at: https://saint-art.net/shop/.
3.2. For each Product, its name, price in Russian Rubles (RUB), and other essential characteristics are indicated on the Website.
3.3. Product images on the Website are provided for illustrative purposes only. The actual appearance of the Product may differ slightly from the images depending on display color rendering settings and other technical factors.
3.4. The price of the Product is indicated alongside its description on the Website and includes all mandatory taxes and charges.
3.5. The Seller reserves the right to unilaterally modify the range and prices of Products. Price changes shall not apply to Products for which an Order has already been placed and paid for.
3.6. Information regarding Product availability is provided for reference purposes only and is subject to confirmation at the time of Order placement. Placing an Order does not guarantee Product availability until the Order is confirmed by the Seller and/or payment is received pursuant to Section 5 of this Offer.
4. ORDER PLACEMENT PROCEDURE
4.1. The Buyer places an Order independently via the Website interface by adding the selected Product to the shopping cart and completing the checkout form.
4.2. When placing an Order, the Buyer is obliged to provide truthful and accurate details necessary for the performance of the Agreement, including full name, contact telephone number, email address, and delivery address.
4.3. Upon completing the Order form, the Buyer confirms the correctness of the entered details and proceeds to payment.
4.4. Placing an Order and its subsequent payment confirm the Buyer’s intention to enter into the Agreement and are carried out in accordance with Section 5 of this Offer.
4.5. The Seller reserves the right to contact the Buyer to clarify details necessary for Order fulfillment.
4.6. If the Order cannot be fulfilled due to Product unavailability or other objective circumstances, the Seller shall notify the Buyer and refund any funds paid.
5. PROCEDURE FOR CONCLUSION OF THE AGREEMENT (ACCEPTANCE OF OFFER)
5.1. This Offer constitutes a public offer by the Seller to conclude a distance retail sale and purchase agreement for goods.
5.2. Acceptance of this Offer is constituted by the Buyer completing the Order placement process on the Website and making full payment for it.
5.3. The Agreement shall be deemed concluded upon receipt of funds for payment of the Order into the Seller’s bank account.
5.4. Until payment is received, the Order shall not be considered accepted for execution, and the Agreement shall not be considered concluded.
5.5. Confirmation of the conclusion of the Agreement shall be the electronic sales receipt issued and sent to the Buyer.
6. PRODUCT PRICE AND PAYMENT TERMS
6.1. Product prices are indicated on the Website in Russian Rubles (RUB).
6.2. The price of a Product may be changed by the Seller unilaterally prior to Order placement. The Product shall be paid for at the price valid at the moment the Buyer clicks the “Pay” button during checkout. Following payment, the price cannot be changed.
6.3. Delivery costs are specified separately or calculated automatically during checkout depending on the selected delivery method.
6.4. Payment for the Product shall be made exclusively non-cash using bank payment cards via the payment system integrated into the Website.
6.5. The agreed payment method shall be the method selected by the Buyer from among those available at checkout.
6.6. The Buyer’s payment obligation shall be deemed fulfilled upon successful completion of the payment transaction and credit of the funds to the Seller’s bank account.
6.7. If payment is not completed or the transaction is declined by the bank, the Order shall be considered unplaced and the Agreement unfulfilled.
6.8. The Seller issues an electronic cash receipt in compliance with the legislation of the Russian Federation and sends it to the Buyer’s email address or telephone number provided at checkout.
6.9. The Seller reserves the right to offer discounts, promotions, and special offers. Terms of such offers are published on the Website and remain valid for the stated duration.
7. DELIVERY TERMS AND PROCEDURE
7.1. Delivery of Products is carried out within the territory of the Russian Federation through postal and courier services, including but not limited to JSC Russian Post, CDEK LLC, and other delivery services depending on the delivery region.
7.2. The availability of delivery to a specific location, delivery methods, and estimated delivery times are indicated during Order placement.
7.3. The agreed delivery method shall be the option selected by the Buyer from among those available during checkout.
7.4. Delivery costs are calculated individually based on the region, weight, dimensions of the Product, and the chosen delivery method, and are displayed at checkout.
7.5. The Seller shall not be liable for delays beyond estimated delivery times caused by circumstances dependent on the delivery service, provided the Product was duly handed over for delivery and the Buyer was notified.
7.6. The Seller’s obligation to deliver the Product to the Buyer shall be deemed fulfilled upon actual handover of the Product to the Buyer or their designated recipient. The Seller’s obligation to hand over the Product to the carrier is deemed fulfilled upon actual transfer of the Product to the selected carrier for delivery to the Buyer.
7.7. Upon receipt of the Product, the Buyer must inspect the packaging integrity, Product appearance, completeness, and conformity with the Order. In the event of damages or discrepancies, the Buyer may draw up a report jointly with the carrier representative or refuse receipt of the Product.
7.8. If the Order is not collected within the specified holding period at a pickup point or cannot be delivered to the delivery address due to reasons attributable to the Buyer, the Order may be returned to the Seller. Reshipment shall be carried out at the Buyer’s expense.
8. TRANSFER OF RISK OF ACCIDENTAL LOSS OR DAMAGE
8.1. The risk of accidental loss of or damage to the Product transfers to the Buyer from the moment of actual handover of the Product to the Buyer or their designated recipient.
8.2. Prior to handover of the Product, the risk of accidental loss or damage shall be borne by the Seller.
8.3. In the event of loss of the Product by the delivery service prior to delivery to the Buyer, the Seller undertakes to refund the paid funds or, subject to agreement with the Buyer, re-ship the Product if available.
8.4. The moment of Product handover is confirmed by the Buyer’s signature in delivery documents or by electronic recording of delivery in the delivery service’s information system.
8.5. Inspection of the Product upon delivery does not deprive the Buyer of the right to make claims regarding Product defects within the time limits and procedures prescribed by the legislation of the Russian Federation.
9. RIGHTS, OBLIGATIONS AND LIABILITIES OF THE PARTIES
9.1. The Seller undertakes:
- 9.1.1. To transfer to the Buyer a Product that complies with the terms of the Agreement and information published on the Website.
- 9.1.2. To ensure proper packaging of the Product necessary for its preservation during transportation.
- 9.1.3. To provide the Buyer with truthful and accurate information about the Product.
- 9.1.4. To comply with consumer protection legislation of the Russian Federation.
- 9.1.5. To issue and send an electronic cash receipt to the Buyer.
9.2. The Seller has the right:
- 9.2.1. To alter Product range, prices, and sales terms prior to Order placement.
- 9.2.2. To refuse Order execution in case of Product unavailability, with a full refund of paid funds.
- 9.2.3. To engage third parties to fulfill obligations under the Agreement while remaining liable to the Buyer.
9.3. The Buyer undertakes:
- 9.3.1. To provide truthful details when placing an Order.
- 9.3.2. To pay for the Product in a timely manner.
- 9.3.3. To accept the Product within the agreed timeframe.
- 9.3.4. To use the Product in accordance with its intended purpose.
9.4. The Buyer has the right:
- 9.4.1. To receive a Product of proper quality.
- 9.4.2. To reject the Product and return it in accordance with the procedure set forth in this Offer.
- 9.4.3. To submit claims regarding Product defects pursuant to the legislation of the Russian Federation.
9.5. The Parties shall be liable for non-performance or improper performance of obligations in accordance with the legislation of the Russian Federation.
9.6. The Seller shall not be liable for damage caused to the Buyer as a result of improper use of the Product by the Buyer.
9.7. The Seller shall not be held liable for inability to fulfill obligations due to causes beyond reasonable control, including actions of delivery services, payment systems, and third parties, provided reasonable measures were taken for proper performance of the Agreement.
10. PRODUCT REJECTION AND RETURNS
10.1. The Buyer is entitled to reject a Product of proper quality at any time prior to its handover, and within 7 (seven) days following handover. If written information regarding return procedures and timeframes was not provided upon delivery, the rejection period extends to 3 (three) months from delivery.
10.2. Return of a Product of proper quality is allowed provided the Product is unused, retains its commercial presentation, consumer properties, original tags, and packaging.
10.3. Shipping expenses for returning a Product of proper quality shall be borne by the Buyer.
10.4. The Buyer may submit claims regarding defective Products in accordance with the legislation of the Russian Federation.
10.5. Upon discovery of Product defects, the Buyer may, at their discretion, request:
- Product replacement;
- Proportional reduction of purchase price;
- Free remedy of defects;
- Full refund of the purchase amount.
10.6. Upon return of a defective Product, the Seller shall refund the paid purchase price and reimburse documented delivery and return shipping expenses.
10.7. Refunds shall be processed in accordance with Section 11 of this Offer.
10.8. The list of non-refundable goods of proper quality is determined by the legislation of the Russian Federation.
11. REFUND PROCEDURE
11.1. Refunds are executed in cases of Order cancellation or Product return as prescribed by this Offer.
11.2. Refunds shall be made using the original payment method unless otherwise agreed by the Parties.
11.3. The refund period shall not exceed 10 (ten) calendar days from receipt of the returned Product by the Seller or receipt of the return request (if rejected prior to delivery).
11.4. The Seller’s refund obligation is deemed fulfilled upon debiting of funds from the Seller’s bank account.
11.5. Actual crediting timeframe to the Buyer’s account depends on the rules and processing times of the issuing bank and payment system.
11.6. If a return is due to defective Goods, documented return shipping costs shall also be reimbursed to the Buyer.
12. CLAIMS PROCEDURE
12.1. All inquiries and claims regarding performance under the Agreement shall be sent by the Buyer to the Seller’s email listed under Section 2 (“Seller Details”), or by other verifiable means.
12.2. A claim must include Buyer details, Order number (if applicable), description of defects or substance of the demand.
12.3. The Seller reviews claims and provides a response within a reasonable time, not exceeding 10 (ten) calendar days from receipt.
12.4. If quality control inspection is required, the claim review period may be extended within limits specified by Russian Federation legislation.
12.5. Failure to receive a response within the prescribed timeframe does not deprive the Buyer of the right to seek judicial remedy.
13. FORCE MAJEURE
13.1. The Parties are relieved from liability for full or partial non-fulfillment of contractual obligations if such failure results from force majeure events arising after the conclusion of the Agreement which could not be foreseen or prevented by reasonable measures.
13.2. Force majeure includes extraordinary and unavoidable events under given conditions, including but not limited to: natural disasters, fires, floods, military operations, civil unrest, strikes, government acts, disruptions in transportation, postal, or payment systems.
13.3. A Party unable to fulfill obligations due to force majeure must notify the other Party within a reasonable time.
13.4. Upon occurrence of force majeure, performance deadlines are extended proportionately to the duration of such circumstances.
13.5. Should force majeure continue for more than 30 (thirty) consecutive calendar days, either Party may terminate the Agreement with a refund of funds paid for unperformed obligations.
14. PERSONAL DATA
14.1. By placing an Order on the Website, the Buyer provides personal data (including full name, phone number, email address, delivery address) for entering into and executing the Agreement.
14.2. Personal data processing is conducted by the Seller in compliance with the Personal Data legislation of the Russian Federation.
14.3. Personal data are processed solely for: Order processing and fulfillment; Product delivery; sending electronic cash receipts; handling Buyer inquiries and claims.
14.4. The Seller implements appropriate legal, organizational, and technical measures to protect personal data from unauthorized access, alteration, disclosure, or destruction.
14.5. Detailed personal data processing terms are available in the Privacy Policy at: https://saint-art.net/privacy/.
15. DISPUTE RESOLUTION
15.1. All disputes arising in connection with the Agreement shall be resolved through negotiations.
15.2. In case of failure to reach agreement, disputes shall be submitted to court in accordance with the legislation of the Russian Federation.
15.3. The Buyer may file a lawsuit in court at their place of residence/stay, place of contract execution, or Seller’s location pursuant to consumer protection laws.
16. TERM AND AMENDMENTS TO THE OFFER
16.1. This Offer comes into effect upon publication on the Website and remains valid until revoked or replaced by a new edition.
16.2. The Seller reserves the right to amend the Offer terms unilaterally without prior notice.
16.3. A new version of the Offer takes effect upon publication on the Website unless specified otherwise therein.
16.4. Amendments shall not apply to Orders placed and paid for prior to the effective date of the new edition.
17. TERMS AND DEFINITIONS
In this Offer, the following terms shall have the following meanings:
- “Agreement” – the distance retail sale and purchase agreement concluded between the Seller and the Buyer under the terms of this Offer.
- “Order” – a request submitted by the Buyer on the Website for purchasing Product(s) and delivery to a specified address.
- “Offer” – this document constituting a public offer by the Seller to enter into the Agreement on the specified terms.
- “Buyer” – a fully capable individual acquiring Products exclusively for personal, family, household, or other non-commercial needs.
- “Seller” – Individual Entrepreneur Yulia Vladimirovna Kirchgesner selling Products via the Website.
- “Website” – the online information resource located at https://saint-art.net through which Goods are sold remotely.
- “Delivery Service” / “Carrier” – a legal entity or individual entrepreneur engaged by the Seller for Product delivery.
- “Parties” – the Seller and the Buyer collectively.
“Product” / “Goods” – tangible item offered for sale on the Website.
