Public offer agreement on the sale of goods based on samples of «Brillenhof» LLC

1. General provisions 1.1. LLC Brillenhof (hereinafter referred to as the «Seller») publishes a Public Offer on the sale of Goods based on samples presented on the official website of the Seller www.brillenhof.com, as well as in the official printed edition — the catalog of «brillenhof.com». 1.2. In accordance with Article 437 of the Civil Code of the Russian Federation, this document is an official public offer, and in case of acceptance of the conditions set forth below, the individual that accepts this offer shall pay for the Seller's Goods in accordance with the terms of this Agreement. In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, the payment for the Goods made by the Buyer is the acceptance of the offer, which is considered to be equivalent to the conclusion of the Agreement on the terms set forth in the offer. 1.3. Read the public offer and if you do not agree with any of its terms, you may refuse to purchase Goods or use the Services provided by Seller. 1.4. The following basic concepts used in this Agreement are: «Offer» is a public offer of Seller addressed to any individual (citizen), to conclude a contract of sale (hereinafter referred to as the «Agreement») with one on the existing conditions set forth in the Agreement, including all its annexes. «Seller» is a company that sells the Product presented in the catalog «brillenhof.com» and on the website www.brillenhof.com. «Buyer» is an individual who has concluded a contract with the Seller on the terms set forth in the Agreement. «Acceptance» is the complete and unconditional acceptance of the terms of the Agreement by the Buyer. «Goods» is a list of product names, presented in the official printed catalog edition of the Seller, as well as on the official Internet website www.brillenhof.com. «Order» — particular items from the assortment list of Goods specified by the Buyer when placing an order on the Internet website or through the Operator. «Operator» is an employee of the customer service providing the Buyer with information and consulting services for placing a pre-order for the Goods. «Delivery» is the authorized courier service, which provides the Buyer with courier services for delivery of the Order. «Personal Data of the Buyer» — any information relating directly or indirectly to a specific or an identifiable individual (citizen). Personal data of the Buyer include his name, date and place of birth, address and other information. 1.5. This offer contract is made in accordance with the «Rules for sale of goods by remote means» approved by the resolution of the Russian Government No. 612 dated 27.09.2007. 2. Subject of the contract 2.1. The Seller sells the Goods in accordance with the current price list, which is published on the Seller's website and in the catalog «brillenhof.com». The Buyer pays and takes the Goods in accordance with the terms of the Agreement. 2.2. The Agreement is the official document of the Seller and is an integral part of the Offer. The current version of each Agreement is posted on the Seller's website www.brillenhof.com, as well as in the catalog «brillenhof.com». 3. Placing an Order 3.1. The Order of the Goods is carried out by the Buyer through the Operator or through the Seller's website. 3.2. When registering (placing) an Order on the Seller's website, the Buyer undertakes to provide the following registration information about himself: full name (in Russian); actual delivery address; postal address (including postal code); e-mail address; contact phone. 3.3. When placing an Order through the Operator, the Buyer undertakes to provide the information specified in clause 3.2. of this Agreement. Acceptance by Buyer of the terms of this Agreement means that Buyer's enters all the required data into the registration form on the website www.brillenhof.com or places the Order through the Operator. The Buyer can edit the information about himself. The Operator does not change the registration information of the Buyer without the one's consent. The Seller shall not disclose the Buyer's registration data mentioned on the website www.brillenhof.com, as well as other information relating to the Buyer's personal data, to persons who are not related to the execution of the Order. When the registration process is complete, the Buyer is assigned a unique username and password. After placing an Order through the Operator, the Buyer's data is recorded in the Operator's database. By approving the Order of the Goods selected, the Buyer shall provide the Operator with the necessary information in accordance with the regulations specified in clause 3.2. of this Agreement. 3.4. The Buyer is responsible for the content and reliability of the information provided when placing the Order. By placing the Order on the website, the Buyer agrees to the processing of his personal data: name, address, telephone, fax, e-mail address, date of birth, gender and passport data, as well as other information specified by the Buyer. In addition, the Buyer agrees to any actions (procedures) performed with the use of automation tools or without such tools on personal data. These procedures include: collection, recording, systematization, accumulation, storage, updating (modification), extraction, use, transfer (distribution, provision, access), anonymization, blocking, deletion and destruction of personal data in accordance with the Article 3, Article 9, Article 15 of the Federal Law «On Personal Data» dated 27.07.2006 (hereinafter referred to as the «Law»). The above operations are carried out for the purpose of sending out reference information and promoting goods by the Seller, for marketing purposes and for other commercial purposes defined by the types of activities held in the Charter of the Seller, as well as transferring personal data to any third parties within Russia. When placing an order, the Buyer agrees that the Seller has the right to delegate the processing of personal data to any third party at his discretion, subject to the requirements of Article 6 of the Law, including the implementation of confidentiality by such person and protection of personal data. The consent to the processing of personal data and other above actions is given by the Buyer without limitation of its validity. According to the Article 21, paragraph 5, of the Law, this consent may only be withdrawn if the Seller has been notified in writing form at least 180 days prior to the intended date of termination of the the Data use by the Seller. Having the Order placed, Buyer agrees that registration on the Seller's website and/or placing an Order is a form of consent for the processing of Buyer's personal data. Written form or other evidence for additional confirmation of Buyer's free will is not required for the Seller. Having the Order placed, the Buyer acknowledges that his (Buyer's) consent is specific, informed and conscious. Having the Order placed, Buyer agrees to receive advertising and information from the Seller via telecommunication networks, including the Internet and SMS-messages in accordance with Article 18 of the Federal Law «On Advertising» dated 13.03.2006. 3.4. All information materials presented on the Seller's website and in the catalog «brillenhof.com» are for reference purposes and can not fully transmit reliable information about certain properties and characteristics of the Goods, including: price; color; shape; size; packaging. In case of any questions that Buyer has regarding the properties and characteristics of the Goods, he needs to consult with the Operator or to send a request to the email address ..., prior to have the Order placed. 4. Terms of order execution 4.1. The seller undertakes to execute the Order within the period from one working day to three calendar months. The term is determined by the availability of the ordered item in the warehouse, the time required to process the data and other factors. The term may be agreed with the Buyer individually depending on the characteristics and quantity of the Goods ordered. If there is no part of the Order in the Seller's warehouse, including for reasons beyond the control of the one, the Seller has the right to cancel the specified Goods from the Order but shall notify Buyer of this via e-mail or by additional written explanation on the receipt of the Buyer's Order. 4.2. The order is considered as executed at the moment of its transfer to the Buyer. The Buyer confirms this with his signature on the itinerary receipt. 4.3. The cost and terms of delivery can be specified both on the Delivery page of the online store website or from the Operator. 4.4. In the event that Buyer provides unreliable information about his contact details or the Order composition, the Seller is not responsible for improper execution of the Order. 4.5. Repeated delivery of the Order is free of charge under condition of Seller's fault to execute the Order properly. 5. Payment for the Order 5.1. Payment is carried out by the Buyer's transfer of funds to the Delivery employee, as well as by the Buyer's transfer of funds online through the system of electronic payments «Acquiring Alfa-Bank» with the following payment means: credit cards (Visa, MasterCard, Mir) and through «Yandex.Kassa» — electronic cash (WebMoney, Yandex.Money, E-port, Qiwi). Funds are benefited within 5 working days. The receipt is the proof of payment for the executed Order. 5.2. The Buyer has the right to open the package of the Goods only after payment is performed. 5.3. The price for each item of Goods is displayed on the Seller's website and in the «Brillenhof» catalog. In case if price is changed, the Operator undertakes to inform the Buyer as soon as possible. Buyer confirms or cancels the Order. If there is no contact with the Buyer, the Order will be canceled within 14 calendar days from the moment of its placement. 5.4. Prices for any item of Goods specified on the Seller's website and in the «Brillenhof» catalog can be changed by the Seller unilaterally without noticing the Buyer. 5.5. Purchase of some groups of goods is possible only on prepayment. The amount of prepayment and terms of execution of the Order depend on the terms of supply and are specified in each specific case individually with the Operator. The waiting period of the order is from 1 week to 3 months. 5.6. For the Orders with shipping within Russia the Buyer should make an advance payment. As soon as the Buyer's funds receipt to the Seller's account, the order is accepted for execution. The Seller cannot guarantee the availability of the Goods in the warehouse at the time of receipt of funds to the Seller's account, therefore the Terms of execution of the Order can be increased if the Goods are not in the warehouse at the time of the funds receipt. 5.7. Payment made by the Buyer for the self-placed Order on the Internet website or through the Operator means acceptance of the Terms of this Agreement. The day of payment for the Order is the date of conclusion of the Contract of Offer between the Seller and the Buyer. 6. Order returns. 6.1. In accordance with p. 4. article 26.1. of Law of the Russian Federation No. 2300-I «On consumer rights protection», the Buyer has the right to refuse the ordered Goods at any time until the execution of the Order. 6.2. The Buyer is not entitled to refuse the paid Order (or its part) of the proper quality, having individually defined properties. In accordance with p. 1, p. 2 «List of non-food goods of proper quality, not subject to return or exchange for similar goods of other size, shape, envelope, facade, coloring or set-up», approved by the Decree Of The Government of the Russian Federation dated 19.01.1998 No. 55, products for the prevention and treatment of diseases at home: items of metal, rubber, textiles and other materials of sanitation and hygiene, instruments, devices and equipment, oral hygiene products, eye lenses, child care items, medications, as well as personal hygiene items are not subject to return and exchange. 6.3. In accordance with Article 22 of the Law of the Russian Federation No. 2300-I «On consumer rights protection», the amount paid by the Buyer for Goods of improper quality is to be returned to the Buyer within 10 calendar days after the corresponding demand is presented. For some groups of Goods, the payment refund period can be increased to determine the nature of the goods non-compliance with the established quality standards. 6.4. In case of the Seller delivers Goods of improper quality, the Buyer should inform the Seller about it by phone ... (toll-free within Russia) or e-mail ... (with mentioning the order number and the name of the improper quality Goods). A quality and control specialist will then contact the Buyer. 6.5. The refund is made to the Buyer's electronic account within 30 banking days, if the Goods of improper quality were paid through the electronic payment system. 6.6. If any defects of the Goods are found in respect of which the warranty period or expiry date is not established, the Buyer shall have the right to submit claims for defects of the Goods within a reasonable period of time, but strictly within 2 years from the date of its transfer to the Buyer, unless longer terms are established by laws or by the Agreement. 6.7. If the Goods are transferred to the Buyer in violation of the terms of the Agreement regarding the quantity, assortment, quality, completeness, packaging of the Goods, the Buyer may notify the Seller of these violations not later than 20 days after receipt of the Goods. 6.8. Return or exchange of proper quality Goods is possible at preservation of its appearance, consumer properties, and also at a presence of the document which confirms the fact and conditions of purchase of the Goods. Return or exchange of Goods is carried out through the Seller's courier service to the address specified by the Buyer. 7. Copyright 7.1. All textual information and graphic images posted on the Seller's website and in the «Brillenhof» catalog are the property of the Seller and/or its suppliers and manufacturers of Goods. 8. Rights, duties and responsibilities 8.1. The Seller is not responsible for improper use of the Goods by the Buyer, which are ordered on the Seller's website or through the Operator. 8.2. The Seller has the right to transfer his rights and duties on execution of Orders to third parties. 8.3. The Seller has the right to record telephone conversations with the Buyer. In accordance with p. 4 Article 16 of the Federal Law «On information, information technologies and information protection» Seller undertakes: to prevent unauthorized access to information and/or its transfer to persons not directly involved in the execution of Orders; to detect and suppress such facts in a timely manner. Telephone conversations are recorded to monitor the Operator's activity and to control the quality of Order execution. 8.4. In accordance with the Article 436 of the Civil Code of the Russian Federation, this Offer is not irrevocable. The Seller or Operator may refuse to place the Order to persons who disagree with the terms of this Agreement. 8.5. The Buyer cannot use the goods ordered on the website or through the Operator for business purposes. 8.6. Ownership of the Order, as well as the risk of its accidental damage, shall be transferred to the Buyer from the moment of funds transfer to the Delivery employee. 8.7. Buyer has the right to send all claims for improper execution of the order to the e-mail address ... or to inform the Operator. All information received is processed as soon as possible. 9. Legal address «Brillenhof» LLC, 127055, Moscow, Tup. 1-st Tikhvinsky, house 5-7, suite. I, room 2 10. Types of newsletter 10.1. When registering (placing) an Order on the Seller's website, the Buyer undertakes to provide the following registration information about himself: full name; contact telephone number; delivery address. All information about Users is processed in full accordance with the Federal Law of the Russian Federation (No. 152) «On personal data». 10.2. The Seller provides the Buyer with information about itself: Actual address: 127055, Moscow, Tup. 1-st Tikhvinsky, house 5-7, suite. I, room 26; contact phone number: 8 (495) 587 98 99; customer support email: info@brillenhof.com.