Publication (placement) of the text of the Retail Sales Agreement of goods via samples outside a commercial facility (hereinafter - the Agreement) on the official website of the online store m2boxer.by of Sole proprietor Veras Artsemi is an invitation to conclude the following Agreement on the conditions set forth therein. The conditions specified in the Agreement are not subject to change by the Buyer.
The Buyer undertakes to familiarize himself with the content and conditions of the Agreement, with the Goods and prices for the Goods offered by the Seller in the Online Store before the conclusion of the Agreement.
Carrying out the Order of Goods through the Online Store, the Buyer accepts and agrees with all the conditions set forth in the Agreement, as well as with the information posted on the Website of the Online Store at the time of ordering.
Retail Sales Agreement of goods via samples outside a commercial facility
Sole proprietor Veras Artsemi, hereinafter referred to as the “Seller”, acting on the basis of the registration certificate of individual entrepreneur No. 690795363, issued by the Krupki City Executive Committee on July 22, 2020. , on the one hand, and the individual, hereinafter referred to as the “Buyer”, on the other hand, and together referred to as the “Parties”, have entered into this Agreement as follows:
For the purposes of this Agreement, the terms and their definitions are used in the meanings established by the legislation of the Republic of Belarus, as well as the following terms and their definitions:
Address - identification information about the place of delivery of the Goods provided by the Buyer, clearly and unambiguously determining the name of the street, building number (house, building) and (if available) apartment number (room, office).
Acceptance - the answer of the person to whom the Offer is addressed, about its acceptance. Acceptance must be complete and unconditional.
Agreement - an Retail Sales Agreement of goods via samples outside a commercial facility, concluded by the Offer Acceptance.
Order - a request sent in the form prescribed by the Seller, via the Internet to buy Goods selected in the Online store, and delivering it to the specified Address request. Confirmation of acceptance of the Order for execution by the Seller is an Acceptance of the Offer. Notification received by the Buyer about placing an Order in the online store of the Seller is not an Acceptance.
Online store - m2boxer.by, Website containing information about the Goods, the Seller, which allows you to make a choice, Order and (or) the purchase of Goods.
Login - a unique identification code (registration name), which may consist of Latin characters, digits from 2 to 9, signs "-", "_", ".", "@", No longer than 60 characters. Login is provided to the Buyer to use the services of the Seller.
Offer - addressed to one or more specific persons a bid that is sufficiently definite and indicates the intention of the person making the proposal to be entered into a contract with the addressee, who will accept the offer.
Password - a unique set of letters of the Latin alphabet, numbers from 0 to 9, signs "-", "_", ".", "@", No longer than 60 characters. The password is provided to the Buyer to access the services of the Seller.
Buyer - physical person intending to order or purchase , purchasing or using Goods solely for personal needs.
Recipient - a physical person mentioned by the Buyer when forming the Order or a physical person to the Address of which the Seller delivers the Goods endowed by the Buyer with all the necessary powers and formalities for accepting the Goods, checking its quantity, quality, range, completeness (set), packaging (tare), and in necessary cases - for payment.
Seller - Veras Artsemi, who is an Sole proprietor under the laws of the Republic of Belarus, implements Goods to Buyers under the Retail Sales Agreement of goods via samples outside a commercial facility.
Party - referred to as the Seller and the Buyer.
Website - a set of information resources available via the Internet at the following address m2boxer.by. The site belongs to the Seller and is administered last.
Goods - object (a thing as an object of personal consumption) of sale, not withdrawn and not limited in the civil circulation for sale in the shop by placing in the appropriate section of the Online store and possible to Order formation. A specific amount of goods is an essential condition of the Agreement.
1. GENERAL PROVISIONS
1.1. This Agreement is a retail sales agreement of goods via samples outside a commercial facility by providing descriptions of Goods in the Seller’s Online store at m2boxer.by on the global computer network Internet.
This Agreement, concluded in the form of an Acceptance of the Offer, is drawn up in accordance with paragraph 2 of Chapter 30 of the Civil Code of the Republic of Belarus “Retail Sales”, other regulatory legal acts of the Republic of Belarus regulating retail sale and purchase, does not require bilateral signing and is valid in electronic form the form.
1.2. This Agreement shall be deemed concluded from the time of confirmation by the Seller of the Buyer's placed Order for execution.
1.3. The Buyer acquires the Goods for personal needs.
1.4. Each Party guarantees to the other Party that it has the appropriate right and sufficient legal capacity, as well as all other rights and authorities necessary for the conclusion and execution of this Agreement.
1.5. The Seller reserves the right to make changes to this Agreement and the information in the online store unilaterally, in connection with which the Buyer undertakes to take into account possible changes at the time of contacting the Seller with the Order for Goods. Changes and / or additions made to this Agreement shall enter into force on the day of their publication in the Online store. Changes and/or additions made to this Agreement in connection with a change in the current legislation, shall enter into force simultaneously with the entry into force of changes in these legislative acts.
1.6. The relationship between the Seller and the Buyer is regulated by the Civil Code of the Republic of Belarus of 07.12.1998 No. 218-З, the Law of the Republic of Belarus of 09.01.2002 N 90-З “On Protection of Consumer Rights”, Resolution of the Council of Ministers of the Republic of Belarus of 15.01.2009 N 31 "On approval of the Rules for the implementation of retail trade on samples" and other regulatory legal acts of the Republic of Belarus regulating the relations of retail purchase and sale.
2. SUBJECT OF AGREEMENT
2.1. Under this Retail Sales Agreement of goods via samples outside a commercial facility, the Seller, who carries out business activities for the sale of Goods at retail, undertakes to transfer to the Buyer the Goods ordered in the Online store, intended for personal use, which corresponds to its sample or description, the quality of which and the prices correspond to the information provided to the Buyer in the Online store of the Seller, and Buyer undertakes to pay and accept the Goods in accordance with the terms of this Agreement.
3. PRODUCT INFORMATION AND WARRANTY
3.1 The Seller is obliged, in accordance with the current legislation of the Republic of Belarus, in a timely manner, in an accessible form, to bring to the attention of the Buyer the necessary and reliable information about the Goods, ensuring the possibility of the correct choice of Goods.
3.2 The warranty obligations of the Seller apply only to products purchased in the Online store m2boxer.by. Warranty service of the product during the entire warranty period is carried out at the location of the Seller. A prerequisite for the implementation of warranty service is the presence of one of the documents confirming the date of sale (check, invoice, warranty card, data sheet). Warranties are subject to products in which defects are caused by the manufacturer. The warranty period is calculated from the date of sale and is 12 months from the date of purchase. In the absence of documents specified in paragraph 3, the warranty period is calculated from the date of manufacture of the product.
3.3 The Seller does not bear warranty obligations and does not provide free service for the product in the following cases:
if the warranty period of the product from the date of sale has expired;
if more than 12 months have passed from the date of manufacture of the product (only if the device does not have documents confirming the date of sale, such as a cash voucher, or a correctly completed warranty card containing information about the product and the seller);
violations of the rules and conditions of operation set forth in the User Guide and other documentation transmitted to the consumer with the product;
if there are traces of unqualified repair or self-opening attempts in the product, as well as due to interference with the pre-installed software;
if the defect is caused by the use of non-original accessories or other products made not by Veras Artsemi;
if the defect is caused by the action of insuperable forces (for example, earthquake, fire, lightning, instability in the electrical network), accidents, deliberate, or careless actions of the consumer or third parties;
if mechanical damages (cracks, chips, holes) occurring after the product has been transferred to the consumer are detected;
damage caused by exposure to moisture, high or low temperatures, corrosion, oxidation, ingestion of foreign objects, substances, liquids, insects;
if the defect is due to normal wear and tear during use of the product.
4. ORDERING. PRIVACY CONDITIONS.
4.1. The Buyer shall place an Order on his own through the Seller’s Online store by the Buyer entering the relevant data into the registration form in the Online store.
4.2. When placing an Order for Goods through the Online store, the Buyer provides the Seller with information allowing the Seller to identify the Buyer, in good faith and in time to fulfill the terms of this Agreement. Such information includes: name of the Goods; the number of items included in the set of purchased Goods; price of the Goods and terms of payment; type of service, term of its performance and price, if the provision of the service is stipulated by the Agreement; surname, first name, patronymic name of the Buyer, Address of delivery of the Goods or Address of the Seller’s warehouse, contact phone number, form of payment, method of delivery.
4.3. The information in the Order received by the Seller, if necessary, may be agreed with the Buyer by contact e-mail in order to clarify, including, the specific date and time of delivery of the Goods, etc. In the case of the Buyer's proper execution of the Order for the Goods, the Seller shall inform the Buyer of the acceptance of the Order for consideration.
4.4. If the Buyer has any questions regarding the description, properties and characteristics of the Goods, before placing the Order, the Buyer can contact the Seller by use the feedback form on the Seller’s online store website.
4.5. The Buyer has the right to make changes to the Order before the Seller starts it, i.e. until confirmation of Acceptance of the Order for execution by the Seller.
4.6. Information provided by the Buyer is confidential. Placing an Order means the Buyer's consent and permission to the Seller to process the Buyer's personal data, including last name, first name, patronymic, date of birth, gender, mailing address; home, work, mobile phones, e-mail address, and other data provided by the Buyer, including collection, systematization, accumulation, storage, refinement (update, change), use, de-identification, blocking, destruction of personal data, for carrying out marketing programs (shares), statistical research, as well as for promoting services in the market by making direct contacts with the buyer through various means of communication, including, but not limited to: mailing, e-mail, telephone, facsimile, Internet. The Buyer agrees and authorizes the Seller and the Counterparties of the Seller to process the Buyer's personal data using automated database management systems, as well as other software.
By leaving personal data, the Buyer confirms his consent to receive emails containing information about new products, promotions, special offers, etc. The Buyer has the right to refuse to receive e-mails, notifying the Seller.
The Buyer has the right to request from the Seller full information about his personal data, its processing and use, as well as to demand the exclusion or correction / addition of incorrect or incomplete personal data by sending the corresponding written request in the Seller’s name to the postal address. The data of the Buyer in this Agreement consent to the processing of his personal data are indefinite.
4.7. It is not considered a violation of disclosure obligations in accordance with reasonable and applicable requirements of the legislation of the Republic of Belarus.
5. TERMS OF DELIVERY AND TRANSFER OF GOODS
5.1. Transfer of ownership of the Goods, as well as the risk of accidental loss of or accidental damage to the Goods, passes from the Seller to the Buyer from the moment the Buyer receives the Goods from the carrier or postal service.
6. PRICE OF GOODS AND PAYMENT
6.1. The price of the Goods is indicated next to the specific name of the Goods in the Online store. The price of the Goods in the Online store may be changed by the Seller unilaterally. The price of the Goods and the discounts provided by the Seller are valid at the time of confirmation of Acceptance of the Order for the Goods. At the same time, the price and the amount of the discount on the Goods for which the Order is issued cannot be changed.
6.2. The total cost of the Order consists of the value of the entire ordered Goods in the Online store.
6.3. Payment for the Goods is carried out in the form of payment by bank plastic card online. The terms, conditions and procedure for payment for the Goods are indicated on the Website of the Seller’s Online store.
6.4. Settlement currency: Belarusian rubles (BYN). When choosing a payment method with a Visa, Mastercard card, your bank will make an automatic transfer from your currency (USD, EUR, etc.) to Belarusian rubles.
6.5. The Seller has the right to provide the Buyer with discounts on Goods and establish a program of bonuses, hold promotions. Types of discounts, promotions, the procedure and conditions for conducting promotions, accrual and provision of bonuses are indicated on the Website of the Seller’s Online store and may be changed by the Seller unilaterally.
7. RETURN OF ORDER
7.1. Return of the goods of good quality or its exchange for goods of similar characteristics is carried out in accordance with applicable law. The Goods shall be exchanged or returned, provided that it has not been used, its consumer properties and qualities have been preserved, and there is evidence of its purchase from the Seller. The list of non-food goods of good quality, not subject to exchange and return, approved by the decision of the Council of Ministers of the Republic of Belarus from 14.06. 2002 No. 778 "On Measures for Implementing the Law of the Republic of Belarus" On Protection of Consumer Rights ".
7.2. The Buyer, to whom the Product of inadequate quality is sold, has the right to demand at his choice:
replacement of poor-quality Goods with Goods of good quality (if available in stock);
terminate the Agreement and demand a refund of the sum of money paid for the Goods and shipping costs.
7.3. The exchange and (or) return of the Goods is made by sending it at the location of the warehouse of the Seller’s Online store specified below in SELLER DETAILS.
7.4. Exchange and (or) return of the Goods is carried out by and at the expense of the Buyer.
7.5. Refunds are made by the Seller in the form in which payment was made of the Goods, in the terms established by law.
8. FORCE MAJEURE
8.1. When circumstances do not allow full or partial fulfillment of one of the Parties of obligations under this Treaty, namely: fires, natural disasters and other emergency situations (floods, earthquakes, fires, flooding, abnormally high (from + 30 ° С) or abnormally low (from -20 ° C) ambient temperature and other adverse conditions), any obstruction of roads regardless of the reasons for such obstruction, strikes and other public unrest, terrorist acts and other criminal acts, etc .; wars, military operations of any nature, blockade, prohibition of export or import, malfunctions in the urban power grid, telephone systems or transit nodes of the Internet and other disruptions in the functioning of data transmission networks outside the influence of the Parties, traffic accidents; Acts of legislation directly or indirectly prohibiting or impeding the fulfillment of obligations, any other circumstances that have arisen apart from the will and desire of the Parties that cannot be foreseen or avoided, the period of performance is postponed in proportion to the time during which such circumstances will operate.
8.2. The Party for which force majeure circumstances have arisen is obliged to notify the other Party in an 24 o'clock after the occurrence of force majeure circumstances preventing the Party from fulfilling its obligations under the Agreement.
9. RESPONSIBILITY OF THE PARTIES. SETTLEMENT OF DISPUTES.
9.1. The Parties are responsible for the improper performance of their obligations under this Agreement in the manner prescribed by the current legislation of the Republic of Belarus.
9.2. The Seller shall not be liable for damages caused to the Buyer due to the misuse of the Goods purchased from the Seller’s Online store.
9.3. The Seller shall not be liable for the losses incurred by the Buyer as a result of:
-provision of inaccurate information when coordinating the Order, incl. incorrectly specifying or reporting identification information;
-illegal actions of third parties.
9.4. The Buyer is solely responsible for the accuracy of the identification information specified by him when ordering Goods in the Online store.
9.5. All disputes under this Agreement are resolved by negotiation. In case of questions and complaints from the Buyer , he must contact the Seller via the Feedback form on the Website of the Online store.
9.6. The pretrial (claim) procedure for the settlement of disputes is mandatory. If an agreement on a dispute is not reached, disputes are resolved in court in accordance with the current legislation of the Republic of Belarus.
10. OTHER CONDITIONS.
10.1. The contract is deemed to be executed by the Seller from the moment the Goods are delivered to the place (by Address) indicated in the Order, even if the surname, name and patronymic (if any) indicated by the Buyer in the Order and / or on a plastic plastic card do not match ( when paying by bank plastic card, including on-line mode), with the last name, first name and patronymic (if available) of the person accepting the Order at the place (Address) specified in the Order (hereinafter referred to as the Goods Recipient). The Buyer vests the Recipient of Goods with all the necessary powers and formalities for accepting the Goods, checking it for quantity, quality, assortment, completeness (set), packaging (container), and, if necessary, for payment.
10.2. The Buyer agrees to conclude this Agreement by placing an Order for the Goods and confirming acceptance of the Order for execution by the Seller.
10.3. When purchasing the Goods in the Online store, the Buyer retains all the rights guaranteed by the Law of the Republic of Belarus “On Protection of Consumer Rights”.
10.4. The withdrawal of the Offer by the Seller and (or) the unilateral refusal to execute the Agreement by the Seller may be made by the Seller at any time. The Seller undertakes to place a notice on the revocation of the Offer and (or) unilateral refusal to execute the Agreement by the Seller in his Online store or inform the Buyer about this by the e-mail, indicating the exact time of recall and (or) refusal, but not less than 1 (one) hour before the occurrence of the event of a revocation of the Offer and (or) withdrawal from the Agreement.
11.1. All information provided on the Seller’s Website, including textual information, graphics, advertising materials, logos, trademarks, is the property of the Seller and / or other copyright holders and cannot be used by third parties without the written consent of the Seller and / or other owners.
12. CUSTOMER DETAILS.
12.1. The Parties unconditionally agree under the details of the Buyer to consider the information specified by him when placing the Order in the Online store. The buyer accepts the fact that the specified details will be used by the Seller for official relations with him and is responsible for the accuracy of the information provided.
13. SELLER DETAILS
Sole proprietor Veras Artsemi, certificate of Sole proprietor registration No. 690795363, issued by the Krupki City Executive Committee on July 22, 2020.
Location of the Seller’s warehouse:
221001, Belarus, Krupki, Belyaeva St., 9B, tel. +375333020272 e-mail: email@example.com