Public offer

OFFER 

about the conclusion of the contract of rendering services (with buyers)


City Moscow                                                                         «07» December 2019 y.

 

   This document in accordance with article 435 of the Civil Сode of the Russian Federation is an offer of an individual entrepreneur Bocharova I.V. OGRN 319508100302919 about the conclusion of the contract of paid rendering of services of use of http Service: https://embroiderydreams.club , hereinafter referred to as "Services" addressed to individuals (hereinafter - "Buyers").
   In the case of acceptance of the offer by the Buyer, he is considered to have concluded a Service agreement with the Service (hereinafter-the "Agreement") on the terms provided for in this document.
    In accordance with paragraph 3 article 438 RF CC the offer acceptance is equivalent to signing a contract on the terms set forth in the offer.

 

1.TERMS AND DEFINITIONS

1.1.Offer - an offer to the Buyer to conclude a contract on the terms set forth in this document.
1.2. Buyer – a registered user who wants to purchase and / or purchases Goods on the Service from a particular Seller.

1.3. Seller - a legal entity, an individual entrepreneur who receives the Buyer's Order through the Service, accepts the terms of this Agreement, delivers the Goods to the Buyer and is responsible for the quality of the Goods and its compliance with the Order. Information about the Order is accepted by the Seller using the software available on the Service.

1.4. Service- an Internet trading platform under the domain name "https://embroiderydreams.club", that allows registered and authorized Sellers to post information about the sale of Goods on an individual page-showcase, and registered and authorized Buyers - to make purchases of these Goods. The Service is not an intermediary between the Buyer and the Seller. 
Individual Entrepreneur Bocharova I.V. OGRNIP  319508100302919 administers The Service.

1.5. Goods - goods placed by Sellers on the Service, which can be purchased by Buyers (programs for embroidery machines, handmade goods, training courses on needlework). The range of Goods sold by Sellers on the Service may be changed at the initiative of the Service.
1.6. Order - the Buyer's request (application) accepted and duly executed by means of the software for the purchase and subsequent delivery of Goods by the Seller to the address specified by the Buyer.
1.7. Personal account - personal page of the Seller on the Service, access to which is provided to the Seller after authorization on the Service.


                                                                                                                                                    2. GENERAL TERMS AND SUBJECT OF THE OFFER

2.1.   The service provides intermediary services for the sale of Goods between Buyers and Sellers and information services in the manner and on the terms of this Offer. Information
services consist in the presentation of information by the Service to Buyers and Sellers in the form of a blog and the possibility of dialogue in the forums posted on the Service.
2.2.   The Seller accepts and processes the Buyers ' Orders, undertakes to deliver the Goods according to the processed Order, and the Buyer-to accept and pay for the Goods.

2.3.   The Service does not bear material or other responsibility to the Buyer for the actions and/or inaction of the Seller related to the timely delivery of the Goods after payment by the Buyer.

2.4.   Full and unconditional acceptance of this offer is the fact of registration of the Buyer on the Service. The Buyer who has registered on the Service is considered to be a person who has entered into relations with the Service on the terms of this offer. Two-way signing of the contract is not required..
2.5.   The service reserves the right to make changes to this offer, in connection with which the Seller undertakes to monitor changes in it regularly, posted at: https://embroiderydreams.club/
2.6.   Not familiarizing the Seller with the offer does not remove him from responsibility to the Service and Buyers.
2.7.   The ownership of the Goods passes to the Buyer from the moment of actual transfer of the Goods from the Seller to the Buyer and the full payment for the Goods. The risk of accidental loss or damage to the Goods passes to the Buyer from the moment of actual transfer of the Goods from the Seller to the Buyer.
2.8.   Prices for Goods and methods of delivery are determined by the Seller unilaterally and are indicated on the pages of the Service. The price of Goods is specified in rubles of the Russian Federation.
2.9.   All claims related to the delivery time of the Goods and its return/exchange, quality, quantity and other characteristics are solved by the Seller and the Buyer without the participation of the Service. In this case, the Seller undertakes to take all necessary legal measures to resolve the dispute with the Buyer properly (including in order to prevent the violation of the reputation of the Service).
2.10.    Regardless of the fact of registration or authorization of the Seller on the Service, the use of the Service, including viewing the information posted on the Service, means the Seller's consent to this Offer.
2.11.    Relations arising on the basis of this Offer shall be governed by the law of the Russian Federation.
2.12.    Any illegal use of the Service, information and other materials posted on it is prohibited.
2.13.    The service is not obliged to provide detailed information to the Buyer about the financial and legal relationships between the Service and a particular Seller.

 3. REGISTRATION


3.1.   The Buyer wishing to receive services from the Service is obliged to undergo the registration procedure. Registration is free, available to all Buyers. The Service considers the Buyer's candidacy and registers it after final approval.

3.2.   Only registered Buyers can place an Order on the Service.

3.3.   Registration of the Seller is carried out by filling in special forms listed on the Service. It’s necessary to enter the original data in the registration forms.
3.4.   Each Buyer can go through the registration procedure only once. Registration of multiple accounts is not allowed. When registering, the Buyer is assigned a login and password. Upon completion of the registration process, the Buyer becomes the owner of the account. For authorization on the service, the Buyer uses a login and password.
3.5.   The Seller is solely responsible for the safety of his login and password.
3.6.   The Service has the right to block the Buyer's access to the personal account and buying of Goods with the simultaneous termination of the placement of Orders or without it. The Service has the right to block or delete the Buyer's account at any time without the possibility of restoring it.
3.7.   Actions performed using the login and password of the Buyer are recognized by the Parties as committed by the Buyer and have the force of a simple electronic signature.
3.8.   The Buyer is responsible for any actions performed using the Buyer's login / password, e-mail address, phone number (including the actions of employees and third parties), as well as for the safety of his login/password and for losses that may arise due to unauthorized use of the Buyer's personal account and his simple electronic signature.
3.9.   In case of theft/loss of login or password, the Buyer shall independently take the necessary measures to re-register on the Service or request the Service to restore the account of the Personal account.

4. ORDER OF INTERACTION OF THE PARTIES

4.1. To receive Services, the Buyer independently forms an Order according to the approved form and according to the rules available on the Service. The Buyer independently selects the Goods and analyzes its description, the cost of Goods placed by the Seller. In this case, the Service is not responsible to the Buyer for the accuracy of the information provided by the Seller in the description of the Goods, its quality and authenticity. Some Goods sold by Sellers have individually-defined properties and are made on the basis of the characteristics provided by the Buyer.

4.2. When placing the Order the Buyer guarantees its solvency, full right and authority to conclude and execute this Offer.

4.3.   The Service does not guarantee the constant presence of the Goods chosen by the Buyer at a particular Seller.

4.4.   The Buyer can use the reference information about the Goods provided by the Sellers on the Service, or in any other independent sources at its sole discretion.

4.5.   Before Ordering the Goods, the Buyer undertakes to familiarize himself with the list of goods prohibited for shipment by Russian and international postal/courier services.

4.6.   In addition, the Buyer approves with the Seller the method of delivery of the Goods.
4.7.   If the Seller does not comply with the stated delivery time, as a result of which the execution of the Buyer's Order is delayed, the Seller shall notify both the Buyer and the Service. The decision to wait for or cancel the specified Goods from the Buyer's Order is made by the Buyer.
4.8.   The services of the Service are considered to be fully rendered to the Buyer from the moment of transfer of the Goods from the Seller to the Buyer.
4.9.   The Buyer sends questions arising about the quality and delivery of the Goods to the Seller. The Seller independently resolves the dispute with the Buyer. The Service takes part only as a consulting and information intermediary in disputes arising between the Seller and the Buyer.


5. RESPONSIBILITY

5.1.   The Parties shall be liable for improper performance of their duties in accordance with this Agreement and the current legislation of the Russian Federation

5.2.   The Buyer agrees that:

5.2.1.  Within the framework of the purchase and sale of Goods, the Buyer and the Seller are solely responsible for the performance of their obligations to each other.
5.2.2.  The Seller independently bears guarantee obligations to the Buyer concerning Goods without participation of Service.
5.2.3.  The Seller is liable for damage caused to the Buyer, third parties in the sale of Goods of inadequate quality; unless it proves that the damage was caused due to circumstances for which the Buyer himself or the third party is responsible.
5.2.4.  The risk of accidental death or accidental damage of the Goods before its acceptance by the Buyer is borne by the Seller. The risk of accidental death or accidental damage of the Goods before its transfer to the delivery service is borne by the Seller.
5.2.5.  The Buyer is personally responsible for checking this Offer for changes in it.
5.2.6.  The fact of execution of the command on the Service, including the use of professional technical tools of the Service, startup, click, keystroke, etc. means the will of the Seller in relation to the execution of the Buyer's Order.
5.3.   The Service is not responsible:
5.3.1.  for the compliance of the Goods with the terms of the Order, for the actions of the Seller and the expectations of the Buyer;
5.3.2.  for the authenticity, uniqueness, practical applicability and value of the Goods sold by the Seller;
5.3.3.  for losses and / or lost profits of the Buyer and / or third parties, regardless of whether the Service could foresee the possibility of such losses or not.
5.3.4.  for actions and / or inaction resulting directly or indirectly from the actions/inaction of any third parties;
5.3.5.  for use (impossibility of use) and other consequences of use (impossibility of use) by the Buyer of the Goods received from the Seller;
5.3.6.  for not functioning of the Site in connection with hosting problems, ddos attacks on the Site or hosting, other reasons that do not depend on the Offeror (disruption of public communication channels, services that provide Buyer access to the services of the Services).
5.3.7.  for non-receipt of Goods by the Buyer due to technical or other difficulties (problems).
5.4.   The Buyer understands and agrees that the Service is provided "as it is" and "to the extent available", in accordance with generally accepted principles in international practice. The Service does not give any guarantee that it will meet the requirements of the Buyer, or that the use of the Service will be continuous, timely, secure or error-free.
5.5.           The Service is responsible for the storage and processing of personal data of the Buyer, ensures the confidentiality of these data during their processing in accordance with the current privacy Policy regarding the processing of personal data. The Service is not responsible if the personal data of the Buyer is stolen as a result of hacker attacks.
5.6.   The service is not liable to the Buyer for the actions and/or inaction of the Seller, including, but not limited to: if the Goods were not delivered to the Buyer to fulfill the Buyer's Order or delivered later than the time agreed with the Seller; if the delivery of the Goods was attended by circumstances that led or could lead to material and/or other damage to the Buyer and/or his property.
5.7.   The Service undertakes to make all reasonable efforts for the proper provision of Services, but is not responsible for the inability to provide Services in the case of:
·         technological failures of public communication channels through which access to the Services is carried out, or loss of access to the Internet-until the restoration of access; 
·         the presence of signs of unauthorized access to the personal account of the Buyer-for the duration of such circumstances; 
·         in cases falling under the definition of force majeure-for the duration of such circumstances.
5.8.   The Service has no obligation to notify any third parties about the loss of access to the personal account by the Buyer and for possible consequences arising from the absence of such notice. Under no circumstances shall the Service be liable for force majeure that caused material and or other damage (including actual damage, as well as lost profits), regardless of whether the Service could have foreseen the possibility of such damage and the possibility of its elimination or could not do it.
5.9.   The Service is not responsible for the actions of third parties resulting in the theft/loss of the login or password of the Buyer, as well as any costs, damages and / or lost profits incurred by the Buyer in connection with unauthorized access of third parties to the personal account of the Buyer.
5.10.          The Service is not responsible for the content of the information provided by the Sellers, including the content of the ads, the use of trademarks, logos of third parties and other components of the ads and other sections of the Service formed by the Sellers. 


6. FINANCIAL TERMS

6.1.   The Buyer chooses and orders the Goods through the Service. The cost of the Goods is indicated on the page of the Service, where it is placed by the Seller. The real value of the Goods may differ from that indicated on the Service.
6.2.   Methods of payment: transfer by Bank cards or using payment systems Yandex.Money, Kiwi.Wallet, PayPal (methods are listed on the Site).
6.3.   The choice and use of the method of payment for Goods is made by the Buyer at his sole discretion and without any responsibility of the Service. Security, confidentiality, and other terms of use of the payment methods chosen by the Buyer are beyond the scope of the Offer and are governed by agreements between the Buyer and the relevant organizations.
6.4.   The Buyer pays the cost of the Goods through the Site in a non-cash form by transferring funds to the current account of the Offeror. The Buyer's obligation to pay the cost of the Goods shall be deemed fulfilled from the moment of crediting the relevant funds to the current account of the Offeror.
6.5.   If the Buyer lives outside the Russian Federation, he undertakes to pay VAT and customs duty to the state he lives in upon receipt of the Goods.
6.6.   Funds received from Buyers on transactions with Sellers are consolidated on a special settlement account of the Service and subsequently transferred by the Service to the settlement account of the Seller, net of Commission.
The Buyer hereby agrees that the statistical data of the accounting system of the Service will be sufficient confirmation of the Fact of the services rendered.


7.OBLIGATIONS OF THE PARTIES

7.1.   Service Responsibilities:

7.1.1. Provide the Customer with the Services provided for the paragraph 2.1 of the agreement, as well as fulfill the Customer's requirements related to the provision of these Services, if these requirements do not contradict this agreement and the information specified on the Service;

7.1.2      To maintain the confidentiality of the data provided by the Buyer and not to disclose them to third parties, if this is not required to fulfill the terms of the Offer;

7.1.3      When rendering Services to be guided by the current legislation of the Russian Federation;
7.1.4      To maintain proper technical functioning of the Service.
7.2.   Obligations of the Buyer:
7.2.1.  Pay for the Goods at the prices of the Goods valid at the time of the Order, in accordance with the conditions set out in the Offer.
7.2.2.  Comply with the requirements of the current legislation of the Russian Federation, the provisions of the Offer when using the Services.
7.2.3     Check the quantity, quality, assortment and completeness upon receipt of the Goods. 
7.3.   Rights of the Offeror:
7.3.1      To change the terms of the offer, due to the continuous improvement of the technology of Services;
7.3.2     To refuse to the Buyer in registration of the Order without explanation;
7.3.3      In the event of claims of the Buyer about the quality of the Goods to address claims to the Seller as a person who is responsible for the warranty for the Goods;
7.3.4      To suspend the Service at any time without prior notice in order to update the Service, as well as for maintenance purposes. The Service may also be suspended in case of technical failures and for other reasons beyond the control of the Service;
7.3.5     To stop the demonstration of Goods on the Service if it violates or may violate this Offer or the current legislation of the Russian Federation.
7.4       Buyer's Rights:
7.4.1     To leave a Request for the purchase of Goods addressed to any Seller.
7.4.2     To control the execution of the Order.
7.4.3     To receive news from the Service, advertising to the e-mail.
7.4.4     To have an access to the Service at any time, except for the time of preventive maintenance, technical failures.
7.4.5     To use the Service within its functionality and under the conditions established by this Offer.


8. PROCEDURE OF THE PURCHASE OF GOODS

8.1. The Buyer has the right to place an order for any Product presented by the Seller.
8.2. Each Product can be ordered in any quantity. If it is impossible to provide the ordered quantity of Goods, the Seller notifies the Buyer, which is not a violation of the Offer.
8.3. The appearance of the Product, its packaging may differ from those presented on the Service.
8.4. The Goods in the form of a digital file become available for download by the Buyer immediately after payment.
8.5. The Buyer, having registered on the Service, independently creates an order on the Service through the appropriate web interface, for which he performs the following actions:
8.5.1. Fills the cart with the Goods presented by the Sellers necessary for the order, selecting and confirming the cost of the Goods.
8.5.2. Sends Products from the cart to the order.
8.6. In order to place an order on the Service, the Buyer must provide the Seller with the following information about himself:
·        Full Name;
·        delivery address;
·        contact phone and email address.
8.7. Detailed information about the consumer properties of the Goods, instructions, terms of warranty are located in the store of the Seller of the Goods.
8.8. When paying for the Goods the Buyer confirms that:
·    the purchased Product is exactly the Product that he wanted to buy, basing on the Buyer's acquaintance with the entire range of Products available in the Seller's store;
·   the Buyer is familiar with all the requirements and conditions arising from the terms posted by the Seller and this Offer posted on the Service;
·   the buyer is provided with information about the functional purpose of the Goods and its consumer properties, about the materials from which the Goods are made;
·   that the Seller is provided with information about the Product, its purpose, its characteristics in accordance with the requirements of the current legislation of the Russian Federation in an accessible and understandable form; at the same time, this information corresponds to the requirements established by law, other legal acts and usually imposed in remote trade to the content and methods of providing such information.

8.9. When purchasing a digital file, the buyer certainly accepts the following:
  • The author of a design, scheme or training video is the only copyright holder whose copyright is protected by the current legislation of the Russian Federation (paragraph 4 of article 1259 of the Civil Code of the Russian Federation). You agree not to take any action that may be considered copyright infringement.
  • It is allowed to use the design for personal purposes, its embroidery as a gift or on items for sale. 
  • The sale of the design, its distribution (including in a revised form), donation, and any reproduction of its image without specifying the authorship are not allowed and will be considered as copyright infringement.
  • All possible disputes arising out of the violation of this Agreement or connected with it shall be resolved in accordance with the current legislation of the Russian Federation

8.10. Neither the Service nor the Seller is responsible for the content and accuracy of the information provided by the Buyer when placing an order. The Buyer assumes full responsibility for providing incorrect data about him, which made it impossible for the Service and the Seller to properly execute this Offer.
8.11. The order is transferred from the Service to the Seller automatically.
8.12. The date of placing an order is the date of its registration through the Service. If the Order was placed after 21: 00, the calculation of the order date of the Goods begins from the next working day after the date of placing the order.

 

9.DELIVERY AND ACCEPTANCE OF GOODS

9.1. Delivery of Goods is carried out at the expense of the Buyer. The cost of delivery is determined by the Seller in agreement with the Buyer. Delivery of the Goods can be included by the Seller in the price of the Goods.
9.2. The Goods can be delivered to the Buyer by mail, transport companies in the terms agreed with the Seller at confirmation of the order.
9.3. The Offeror and the Seller are exempt from liability for delays in delivery times caused by the fault of third parties or force majeure.
9.4. Failure to perform the necessary actions for the acceptance of the Goods may be considered by the Seller as a refusal of the Buyer to fulfill the terms of this Offer.
9.5. The Goods are subject to transfer to the Buyer or the person authorized by him to that address which was specified by the Buyer at registration of the order, and in case the User or the person authorized by him is physically absent at the time of transfer of Goods, - to any person who has shown the document on relationship with the Buyer.
9.6. The Buyer is obliged to make acceptance of Goods on its quantity, quality, assortment and completeness. 
9.7. After the examination of the Goods the Buyer shall sign the copy of the Seller’s documents, transmitted by post and accept the right of ownership of the Goods, or send to the Seller via mail or the shipping company refuses to sign the document that indicates the list of identified deficiencies and a reasonable time of their elimination, or other requirements determined under the legislation of the Russian Federation. The Seller undertakes to comply with the requirements of the Buyer within the terms established by the Buyer.
9.8. Employees of the post office, transport companies are not authorized to give the Buyer any advices and recommendations or perform other actions that have not been agreed in advance. The Seller assumes no responsibility if such actions, advices or recommendations entail any negative consequences or losses.
9.9. After the transfer of the Goods, the Seller accepts claims only in case of hidden defects that cannot be visually determined at the time of acceptance of the Goods. Claims to the quantity, completeness and type of Goods are not accepted.
9.10.  Consequences of sale of Goods of inadequate quality by the remote way of sale of Goods are specified in Art. 18-24 of the Law of the Russian Federation of 07.02.1992 N 2300-1 (edition of 03.07.2016) "About protection of the rights of consumers".

 

10.TERMS OF RETURN AND EXCHANGE OF GOODS

10.1. The Buyer has the right to refuse the Goods (except for the cases specified in paragraphs 10.7., 10.8. of this Offers) at any time before its transfer, and within 7 days after the transfer of the Goods. Return of Goods of proper quality is possible if its presentation, consumer properties, and also the document confirming the fact and conditions of purchase of the specified Goods are kept (Art. 26.1. The law of the Russian Federation of 07.02.1992 N 2300-1 (ed. of 03.07.2016) "About consumer protection").
10.2. The Seller refunds the full value of the Goods in case of non-receipt of Goods by the Buyer and a refund of the full or partial value of the Goods in full discrepancy of the Goods description posted on the Service (Product in this case is left to the Buyer).
10.3. The Seller has the right not to accept claims for the returned Goods in the absence of the consignment note, packaging or loss of its presentation, detection of external damage to the Goods, traces of exploitation.
10.4. After the Buyer's refusal of Goods the Seller must return to him the sum paid by the Buyer, except the cost of the returned Goods delivery from the Buyer, not later than 10 days from the date the Purchaser requires. The claim must be submitted in writing to the legal address of the Seller's location/registration.
10.5. Refunds are made by the Seller to a Bank card or by postal order.
10.6. If the Product is software, digital files ("publications reproduced on technical media") return of such Goods of proper quality after receipt is impossible due to the fact that the Buyer acquires the right to use, which refers to the objects of copyright. In turn, such Goods belong to the list of non-food goods that are not subject to return or exchange (p. 14 List of non-food goods of proper quality not subject to return or exchange for similar goods of other size, shape, style, color or package, approved by the Decree of the Government of the Russian Federation of January 19, 1998 N 55).
10.7. Goods of proper quality, created by the Seller on the individual order of the Buyer, having individually defined properties and used exclusively by the Buyer for his needs, are not subject to return and exchange. The consumer is not entitled to reject such Goods (article 26.1. The law of the Russian Federation of 07.02.1992 N 2300-1 (ed. of 03.07.2016) "About consumer protection").

  11. DISPUTE RESOLUTION

11.1. The Parties need to resolve all disputes, disagreements and claims that may arise in connection with the performance, termination or invalidation of the contract through negotiations. The Party with claims and / or disagreements sends to other Party the message with indication of the arisen claims and/or disagreements.
11.2. The message is sent by the Buyer to the address [email protected], as well as in writing by sending to registered mail with a notice of delivery and an inventory of the attachment. The message must contain the essence of the claim and evidences supporting the claim.
11.3. The Party receiving the original message is obliged to send a response to this message within 15 (fifteen) working days from the date of receipt.
11.4. The dispute shall be considered in court at the location of the Service if the reply to the message is not received by the sending Party within 30 (thirty) working days from the date of sending the corresponding message, or if the Parties do not come to an agreement on the claims and/or disagreements.
11.5. The Parties shall be liable for non-performance or improper performance of obligations under this Agreement in accordance with the legislation of the Russian Federation.

 

12. FINAL STATEMENTS

12.1. The Buyer has the right to use the Service on the entire territory of the Russian Federation, as well as other territories in which it is available through using standard computer tools and programs.

12.2. The user of the service, in accordance with Federal law No. 152-FZ of 27.07.2006 "on personal data", gives the Offeror consent to the collection, storage and processing (including automated) of information related to personal data (hereinafter referred to as " Personal data») The service user or a third party for whose benefit the service User enters into this agreement (surname, first name, patronymic, registration address, place of residence, contact phone numbers, email addresses, payment amounts) including collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer), depersonalization, blocking, and destruction of personal data. Personal data is processed for the purpose of entering into this Agreement, any other agreements and their further execution, making settlements with the Service User, making decisions or performing other actions that generate legal consequences for the service User or third parties. When accepting the Offer, the service user agrees to receive advertising information.

12.3. the Agreement enters into force from the moment of Acceptance of this Offer Agreement and is valid indefinitely or until its termination on the grounds provided for in this Agreement, including in the absence of technical capability to provide Services.

12.4. The Offeror is entitled to terminate the contract in the manner prescribed by applicable law, with notice to the Buyer through the Service interface, via e-mail or otherwise.

12.5. the Agreement may be terminated prematurely if the Buyer's access to the Personal account is terminated (blocked) due to violation of the rules governing the Service, or if such access is terminated at the Buyer's initiative. Until access to the Personal account is terminated at the buyer's initiative, the Latter informs the Service about this.

12.6. This agreement contains all the terms and conditions agreed between the Parties with respect to its subject matter, and supersedes all previous agreements, representations and any kind of agreement between the Parties with respect to its subject matter, unless otherwise expressly agreed by the Parties.

12.7. in all other matters that are not provided for in this Offer, the parties are guided by the current legislation of the Russian Federation.



 

13. ADDRESS AND DETAILS OF THE SERVICE



 

Legal address:
141195
RF, Moscow region, Fryazino

TIN/ IEC
505203575529  / ______________
OGRN 319508100302919

CURRENT ACCOUNT № 40802810202500078886 RUB

BANK  Филиал ТОЧКА ПАО БАНКА "ФК ОТКРЫТИЕ"

Corresponding account

30101810845250000999

BIC  044525999

 
____________________ /____________/
LS.