PUBLIC OFFER

PUBLIC OFFER of the Sound Russian online store for individuals

(edition dated September 3, 2024)

1. Terms and Definitions

The terms used in this document and on the website should be interpreted according to this section. In the absence of a definition in this section, the terms are interpreted according to the legislation of the Russian Federation. 

1.1.1. Seller – Borovskikh Viktoria Anatolyevna – self-employed; 

1.1.2. Website – internet portal available at: https://soundrussian.store, including subdomains, as well as the software presented on the internet portal; 

1.1.3. Visitor – an individual browsing the Website without the intent to register and/or place an Order; 

1.1.4. User – a Visitor to the Website who has completed the registration procedure on the Website and accepted the terms of the Offer; 

1.1.5. Buyer – a User who has placed an Order; 

1.1.6. Product – goods and services presented in the catalog on the Website; 

1.1.7. Order – a request formed on the Website by the Buyer for the purchase of Products for personal, family, household, and other needs not related to entrepreneurial activity, containing the quantity, range, and completeness of the Product.

2. General Provisions. Subject of the Public Offer

2.1. The Seller offers to place an Order under the conditions set out below. The conditions constitute a public offer in accordance with Article 437 of the Civil Code of the Russian Federation (hereinafter referred to as the “Offer”). The offer applies to all types of Products as long as the Product with the description is present on the Website.

3. Acceptance of the Offer. Change of the Offer

3.1. Acceptance of the Offer (conclusion of a retail sale and purchase agreement and/or service agreement) (hereinafter referred to as the “Agreement”) occurs at the moment of placing the Order or from the moment of acceptance of the Buyer’s order by phone at +79885708232. 

3.2. The Agreement is considered concluded upon providing the Buyer with a cash register or commodity receipt, or another document confirming payment for the Product. 

3.3. The Buyer agrees that the Seller may assign the execution of the Agreement to third parties, while the Seller remains solely responsible for the execution of the Agreement. All rights and obligations to the Buyer under the Agreement arise directly with the Seller. 

3.4. The Seller may change the terms of the Offer unilaterally at any time without prior notice. The new version of the Offer is valid from the moment it is published on the Website.

4. Conditions Regarding the Product. Order Placement Procedure

4.1. To place an Order, the Buyer adds the Product to the "Cart" on the Website, fills out the form (full name, phone number, email, delivery address, delivery method), and clicks the "Confirm Order" button. After that, the Order is considered placed. 

4.2. After placing the Order on the Website, the Buyer receives an automatic electronic message to the email address provided by the Buyer during the Order placement. 

4.3. If necessary, the Seller clarifies Order details, agrees on the delivery date via email and/or phone. The delivery date depends on the availability of the Product in the Seller’s warehouse and the time required for processing and delivering the Order. 

4.4. The expected delivery date of the Order is communicated to the Buyer via email or during a follow-up call. The delivery date may be changed by the Seller unilaterally in case of unforeseen circumstances that occur through no fault of the Seller. 

4.5. The Buyer is responsible for providing incorrect information that prevents the Seller from properly fulfilling its obligations to the Buyer. 

4.6. The photographs accompanying the Product are simple illustrations and may differ from the actual appearance of the Product. Descriptions and/or characteristics of the Product do not claim to be exhaustive and may contain typos. For more information about the Product, the Buyer can contact the Seller through the available methods on the Website. 

4.7. The Seller ensures the availability of Products presented on the Website. If the Product is out of stock, it is unavailable on the Website, and the "Add to Cart" button becomes inactive. 

4.8. If the ordered Product is unavailable in the Seller’s warehouse, the Seller has the right to exclude the Product from the Order or cancel the Buyer’s Order. In such a case, the Seller notifies the Buyer by email at the address provided by the Buyer during registration or by phone. 

4.9. In case of cancellation of a fully or partially prepaid Order, the cost of the canceled Product is returned to the Buyer in the manner in which the Product was paid for.

5. Delivery Procedure for the Product. Delivery Area

5.1. The methods and approximate delivery times for the Products sold by the Seller are indicated on the Website in the "Delivery" section. Specific delivery times may be additionally agreed upon by the parties when confirming the Order. 

5.2. The delivery area for the Products presented on the Website and sold by the Seller is limited to the territory of the Russian Federation. Delivery outside the Russian Federation is possible on an individual basis by agreement with the Seller. 

5.3. The cost of delivery outside the Russian Federation depends on the courier service rates and the weight of the Order, is communicated to the Buyer individually, and is carried out only upon full prepayment of the Order. 

5.4. The Product is handed over to the Buyer or a third party specified in the Order as the recipient (hereinafter referred to as the “Recipient”). In the event that the Recipient cannot receive the Order paid in cash, the Order may be handed over to third parties who provide information about the Order (tracking number and/or full name of the Recipient) and may also pay the full cost of the Order to the person delivering the Order. 

5.5. To avoid fraud, as well as to fulfill its obligations, when handing over a prepaid Order, the person delivering the Order has the right to request identification documents from the Recipient and indicate the type and number of the document provided by the Recipient on the Order receipt. The Seller guarantees confidentiality and protection of the Recipient’s personal data. 

5.6. The risk of accidental loss or damage to the Product passes to the Buyer from the moment the Order is handed over to them and the Recipient signs the documents confirming the delivery of the Order. In case of non-delivery of the Order, the Seller reimburses the Buyer for the amount paid for the Order and delivery in full after receiving confirmation of the loss of the Order from the delivery service. 

5.7. The Seller's obligation to deliver the Product to the Buyer is considered fulfilled at the moment of handing the Product to the Recipient or after confirmation of receipt of the Product by the Recipient at a pre-agreed place of Order pickup (including at the pickup point). 

5.8. When receiving the Product from the courier, the Recipient must inspect the Product and check it against the Order, check the shelf life of the Product, and the integrity of the packaging. In the absence of claims regarding the delivered Product, the Recipient signs the "Order Delivery Slip" or another similar document provided by the courier and pays for the Order (in case of not having fully prepaid). The signature in the accompanying documents confirms that there are no claims regarding the Product and that the Seller has fully and properly fulfilled its obligation to deliver the Product. 

5.9. The time for couriers delivering the products sold by the Seller at the Recipient’s address is limited to 15 minutes. 

5.10. The Buyer can clarify the date, time, and, if necessary, the delivery route with the Seller. 

5.11. Delivery is a separate service that is not an integral part of the Product, and its performance ends upon receipt of the Product by the Recipient. 

5.12. Claims regarding the quality of the purchased Product arising after receipt and payment of the Product are considered in accordance with the Law of the Russian Federation “On Consumer Rights Protection.”

6. Payment for the Product 

6.1. The price of the Product is indicated on the Website in US dollars. 

6.2. In the case of incorrect pricing of the Product on the Website, the Seller informs the Buyer for confirmation of the Order at the corrected price or cancellation of the Order. If it is impossible to contact the Buyer, this Order is considered canceled. If a paid Order was canceled, the Seller will refund the Buyer the amount paid in the same manner in which it was paid. 

6.3. The price of the Product on the Website may be changed by the Seller unilaterally. However, the price for the Product ordered by the Buyer shall not be subject to change.

7. Specifics of Payment by Bank Cards:

7.1. According to the Bank of Russia regulation “On the issuance of bank cards and operations performed using payment cards” dated December 24, 2004 No. 266-P, operations with bank cards are performed by the cardholder or an authorized person. 

7.2. Authorization of transactions with bank cards is carried out by the bank. If the bank has reason to believe that the transaction is fraudulent, it has the right to refuse the transaction. 

7.3. To avoid unauthorized use of bank cards for payment of Products, the Seller verifies Orders prepaid by bank card. For the purpose of verifying the identity of the cardholder and their authority to use the card, the Seller has the right to request the Buyer to present identification documents. 

7.4. The Seller has the right to provide discounts on Products and establish a bonus program. The types of discounts,

terms, and procedures for their application, as well as the types of bonuses and the procedure for their receipt, are determined unilaterally by the Seller and published on the Website.

8. Liability of the Parties

8.1. The parties are liable for failure to fulfill their obligations under the Agreement in accordance with the legislation of the Russian Federation. 

8.2. The Seller is not liable for damages incurred by the Buyer as a result of the use of the Product purchased from the Seller, including loss of profits, except for cases of willful misconduct or gross negligence on the part of the Seller. 

8.3. The Seller is not responsible for any delays in the performance of obligations caused by the fault of the Buyer and/or third parties (including the courier services).

9. Force Majeure

9.1. The Parties are released from liability for partial or complete failure to fulfill their obligations under the Agreement if such failure is the result of force majeure circumstances. 

9.2. Such circumstances are understood to be extraordinary and unavoidable events that arose after the conclusion of the Agreement, and that the Parties could not have foreseen or prevented, including but not limited to: natural disasters, fire, flooding, war, strikes, and other circumstances beyond the control of the Parties.

10. Confidentiality

10.1. The parties agree to keep confidential all information received in connection with the conclusion and execution of this Agreement. 

10.2. The Seller undertakes to take all reasonable measures to protect personal data and comply with applicable laws in the field of personal data protection.

11. Final Provisions

11.1. The Seller has the right to assign or otherwise transfer its rights and obligations arising from its relationship with the Buyer to third parties.

11.2. The Website and the provided services may be temporarily (partially or fully) unavailable due to maintenance or other work, or for any other technical reasons.

11.3. In case of questions or claims, it is necessary to contact the Seller by phone or by any other available means. All disputes are resolved through negotiations, and if no agreement is reached, the dispute will be considered in court in accordance with the legislation of the Russian Federation.

11.4. Recognition by a court of any provision of the Offer as invalid does not affect the validity of the remaining provisions.

12. Seller's Details

12.1. Borovskikh Viktoria Anatolyevna

12.2. TIN: 615433461606

12.3. https://soundrussian.payform.ru