© 2016 Your company
Terms & Conditions
PUBLIC OFFER
on the conclusion of a contract for the supply of goods
1. General Provisions
This Public Offer contains the conditions for concluding a Contract for the supply of goods (hereinafter referred to as the "Contract for the supply of goods" and / or "Agreement").
This offer is recognized as an offer addressed to one or more specific persons, which is quite specific and expresses the intention of the person who made the offer to consider himself to have entered into an Agreement with the addressee who will accept the offer.
The performance of the actions specified in this Offer is a confirmation of the consent of both Parties to conclude an Agreement for the supply of goods on the terms, in the manner and to the extent set forth in this Offer.
The following text of the Public Offer is the official public offer of the Supplier, addressed to the interested circle of persons to conclude an Agreement for the supply of goods in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The contract for the supply of goods is considered concluded and becomes effective from the moment the Parties perform the actions provided for in this Offer, and which mean unconditional, as well as full acceptance of all the conditions of this Offer without any exceptions or restrictions on the conditions of accession.
Terms and Definitions:
Agreement - the text of this Offer with the Annexes, which are an integral part of this Offer, accepted by the Buyer by performing implicit actions provided for by this Offer.
Conclusive actions are behavior that expresses agreement with the counterparty's proposal to conclude, change or terminate the contract. Actions consist in the full or partial fulfillment of the conditions proposed by the counterparty.
The Supplier's website on the Internet - a set of programs for electronic computers and other information contained in the information system, access to which is provided via the Internet at the domain name and network address: https://dreamfitpointe.com/
Parties to the Agreement (Parties) - the Supplier and the Buyer.
Goods - any things can be goods in compliance with the rules provided for in Article 129 of the Civil Code of the Russian Federation.
2. Subject of the Agreement
2.1. Under this Agreement, the Supplier undertakes to supply the Buyer with the goods produced or purchased by him (hereinafter referred to as the Goods) in the quantity, assortment, on time and on the terms specified in the Buyer's application, in accordance with the data provided by the Supplier regarding the Goods, or established on the Supplier's website in the network "Internet" https://dreamfitpointe.com/, and the Buyer undertakes to accept and pay for the Goods.
2.2. The acceptance of this Offer is expressed in the performance of conclusive actions, in particular:
• actions related to registration of an account on the Supplier's Website on the Internet, if there is a need to register an account;
• by drawing up and filling out an application for placing an order for the Goods;
• by reporting the information required for the conclusion of the Agreement by phone, e-mail, indicated on the Supplier's website on the Internet, including when the Supplier calls back at the Buyer's request;
• payment for the Goods by the Buyer.
This list is not exhaustive, there may be other actions that clearly express the intention of the person to accept the offer of the counterparty.
2.3. The quality of the Goods must comply with the requirements of the Legislation of the Russian Federation.
2.4. The Supplier guarantees that the Goods are not in dispute or under arrest, are not pledged, are not encumbered with other rights of third parties and do not violate the rights of third parties.
3. Rights and obligations of the Parties
3.1. The supplier is obliged:
3.1.1. Deliver the Goods on time;
3.1.2. The Supplier is obliged to transfer the Goods to the Buyer in the container and packaging provided for goods of this type, as well as to transfer the Goods free from the rights of third parties.
3.1.3. Arrange delivery of the Goods to the Buyer;
3.1.4. Provide the Buyer with all the necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
3.1.5. The Supplier has the right to demand payment for the Goods and their delivery in the manner and on the terms stipulated by the Agreement;
3.1.6. Refuse to conclude the Agreement on the basis of this Offer to the Buyer, in case of his dishonest behavior, in particular, in the case of:
• more than 2 (Two) failures of Goods of good quality during the year;
• provision of deliberately false personal information;
• return of the Goods damaged by the Buyer or the Goods that were in use;
• other cases of unfair behavior, indicating that the Buyer has entered into an Agreement for the purpose of abuse of rights, and the absence of the usual economic purpose of the Agreement - the acquisition of the Goods.
3.2. The buyer is obliged:
3.2.1. Pay for and accept the Goods;
3.2.2. Ensure timely acceptance of the Goods from the Supplier.
3.2.3. The Buyer has the right to demand the transfer of the Goods in the manner and on the terms stipulated by the Agreement.
3.2.4. Require the provision of all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
3.2.5. Refuse the Goods on the grounds provided for by the Agreement and the current legislation of the Russian Federation.
3.2.6. The Buyer undertakes to provide the Supplier with reliable information necessary for the proper performance of the Agreement;
3.2.7. Accept and pay for the Goods in accordance with the terms of the Agreement;
3.2.8. The Buyer guarantees that all the terms of the Agreement are clear to him; The buyer accepts the conditions without reservations, as well as in full.
4. Price and payment procedure
4.1. The cost, as well as the procedure for paying for the Goods, is determined on the basis of the Supplier's information when the Buyer places an order, or according to the information set on the Supplier's website on the Internet: https://dreamfitpointe.com/
4.2. All settlements under the Agreement shall be made in non-cash form.
5. Privacy and Security
5.1. When implementing this Agreement, the Parties shall ensure the confidentiality and security of personal data in accordance with the current version of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” and the Federal Law of July 27, 2006 No. 149-FZ “On Information, Information Technologies and on the protection of information.
5.2. The Parties undertake to maintain the confidentiality of information received in the course of the execution of this Agreement and take all possible measures to protect the information received from disclosure.
5.3. Confidential information means any information transmitted by the Supplier and the Buyer in the process of implementing the Agreement and subject to protection, the exceptions are listed below.
5.4. Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, diagrams, graphs, specifications and other documents provided by the Supplier, drawn up both on paper and on electronic media.
6. Force majeure
6.1. The Parties are released from liability for failure to perform or improper performance of obligations under the Agreement, if proper performance turned out to be impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions, which are understood as: prohibited actions of the authorities, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.
6.2. In the event of these circumstances, the Party is obliged to notify the other Party within 30 (Thirty) business days.
6.3. A document issued by an authorized state body is sufficient confirmation of the existence and duration of force majeure.
6.4. If force majeure circumstances continue to operate for more than 60 (Sixty) working days, then each Party has the right to unilaterally withdraw from this Agreement.
7. Responsibility of the Parties
7.1. In case of non-performance and / or improper performance of their obligations under the Agreement, the Parties shall be liable in accordance with the terms of this Offer.
7.2. The Party that has not fulfilled or improperly fulfilled its obligations under the Agreement is obliged to compensate the other Party for the losses caused by such violations.
8. Validity of this Offer
8.1. The Offer comes into force from the moment it is posted on the Supplier's Website and is valid until it is withdrawn by the Supplier.
8.2. The Supplier reserves the right to amend the terms of the Offer and / or withdraw the Offer at any time at its sole discretion. Information about the change or withdrawal of the Offer is communicated to the Buyer at the Supplier's choice by posting on the Supplier's website on the Internet, in the Buyer's Personal Account, or by sending a corresponding notification to the email or postal address specified by the Buyer when concluding the Agreement or in the course of its execution.
8.3. The Agreement comes into force from the moment of Acceptance of the terms of the Offer by the Buyer and is valid until the Parties fully fulfill their obligations under the Agreement.
8.4. Changes made by the Supplier to the Agreement and published on the website in the form of an updated Offer are considered accepted by the Buyer in full.
9. Additional terms
9.1. The contract, its conclusion and execution is governed by the current legislation of the Russian Federation. All issues not regulated by this Offer or not fully resolved are regulated in accordance with the substantive law of the Russian Federation.
9.2. In the event of a dispute that may arise between the Parties in the course of their fulfillment of their obligations under the Agreement concluded on the terms of this Offer, the Parties are obliged to resolve the dispute amicably before the commencement of legal proceedings.
The trial is carried out in accordance with the legislation of the Russian Federation.
Disputes or disagreements on which the Parties have not reached an agreement shall be resolved in accordance with the legislation of the Russian Federation. Pre-trial dispute resolution is mandatory.
9.3. As the language of the Agreement concluded on the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, provision of requirements / notifications / clarifications, provision of documents, etc.), the Parties have determined the Russian language.
9.4. All documents to be provided in accordance with the terms of this Offer must be drawn up in Russian or have a translation into Russian certified in the prescribed manner.
9.5. The inaction of one of the Parties in case of violation of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, and also does not mean a waiver of its rights if one of the Parties commits similar or similar violations in the future.
9.6. If the Supplier's Website on the Internet contains links to other third-party websites and materials, such links are provided for informational purposes only, and the Supplier has no control over the content of such sites or materials. The Provider shall not be liable for any loss or damage that may result from the use of such links.
10. Details of the Supplier
Full name: Gadzhimuradova Anna Evgenievna
Individual Taxpayer Number: 771543562128
OGRN/OGRNIP: 323774600554830
Contact phone: +7 993 702-03-51
Contact e-mail: Info@dreamfitpointe.com
on the conclusion of a contract for the supply of goods
1. General Provisions
This Public Offer contains the conditions for concluding a Contract for the supply of goods (hereinafter referred to as the "Contract for the supply of goods" and / or "Agreement").
This offer is recognized as an offer addressed to one or more specific persons, which is quite specific and expresses the intention of the person who made the offer to consider himself to have entered into an Agreement with the addressee who will accept the offer.
The performance of the actions specified in this Offer is a confirmation of the consent of both Parties to conclude an Agreement for the supply of goods on the terms, in the manner and to the extent set forth in this Offer.
The following text of the Public Offer is the official public offer of the Supplier, addressed to the interested circle of persons to conclude an Agreement for the supply of goods in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The contract for the supply of goods is considered concluded and becomes effective from the moment the Parties perform the actions provided for in this Offer, and which mean unconditional, as well as full acceptance of all the conditions of this Offer without any exceptions or restrictions on the conditions of accession.
Terms and Definitions:
Agreement - the text of this Offer with the Annexes, which are an integral part of this Offer, accepted by the Buyer by performing implicit actions provided for by this Offer.
Conclusive actions are behavior that expresses agreement with the counterparty's proposal to conclude, change or terminate the contract. Actions consist in the full or partial fulfillment of the conditions proposed by the counterparty.
The Supplier's website on the Internet - a set of programs for electronic computers and other information contained in the information system, access to which is provided via the Internet at the domain name and network address: https://dreamfitpointe.com/
Parties to the Agreement (Parties) - the Supplier and the Buyer.
Goods - any things can be goods in compliance with the rules provided for in Article 129 of the Civil Code of the Russian Federation.
2. Subject of the Agreement
2.1. Under this Agreement, the Supplier undertakes to supply the Buyer with the goods produced or purchased by him (hereinafter referred to as the Goods) in the quantity, assortment, on time and on the terms specified in the Buyer's application, in accordance with the data provided by the Supplier regarding the Goods, or established on the Supplier's website in the network "Internet" https://dreamfitpointe.com/, and the Buyer undertakes to accept and pay for the Goods.
2.2. The acceptance of this Offer is expressed in the performance of conclusive actions, in particular:
• actions related to registration of an account on the Supplier's Website on the Internet, if there is a need to register an account;
• by drawing up and filling out an application for placing an order for the Goods;
• by reporting the information required for the conclusion of the Agreement by phone, e-mail, indicated on the Supplier's website on the Internet, including when the Supplier calls back at the Buyer's request;
• payment for the Goods by the Buyer.
This list is not exhaustive, there may be other actions that clearly express the intention of the person to accept the offer of the counterparty.
2.3. The quality of the Goods must comply with the requirements of the Legislation of the Russian Federation.
2.4. The Supplier guarantees that the Goods are not in dispute or under arrest, are not pledged, are not encumbered with other rights of third parties and do not violate the rights of third parties.
3. Rights and obligations of the Parties
3.1. The supplier is obliged:
3.1.1. Deliver the Goods on time;
3.1.2. The Supplier is obliged to transfer the Goods to the Buyer in the container and packaging provided for goods of this type, as well as to transfer the Goods free from the rights of third parties.
3.1.3. Arrange delivery of the Goods to the Buyer;
3.1.4. Provide the Buyer with all the necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
3.1.5. The Supplier has the right to demand payment for the Goods and their delivery in the manner and on the terms stipulated by the Agreement;
3.1.6. Refuse to conclude the Agreement on the basis of this Offer to the Buyer, in case of his dishonest behavior, in particular, in the case of:
• more than 2 (Two) failures of Goods of good quality during the year;
• provision of deliberately false personal information;
• return of the Goods damaged by the Buyer or the Goods that were in use;
• other cases of unfair behavior, indicating that the Buyer has entered into an Agreement for the purpose of abuse of rights, and the absence of the usual economic purpose of the Agreement - the acquisition of the Goods.
3.2. The buyer is obliged:
3.2.1. Pay for and accept the Goods;
3.2.2. Ensure timely acceptance of the Goods from the Supplier.
3.2.3. The Buyer has the right to demand the transfer of the Goods in the manner and on the terms stipulated by the Agreement.
3.2.4. Require the provision of all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
3.2.5. Refuse the Goods on the grounds provided for by the Agreement and the current legislation of the Russian Federation.
3.2.6. The Buyer undertakes to provide the Supplier with reliable information necessary for the proper performance of the Agreement;
3.2.7. Accept and pay for the Goods in accordance with the terms of the Agreement;
3.2.8. The Buyer guarantees that all the terms of the Agreement are clear to him; The buyer accepts the conditions without reservations, as well as in full.
4. Price and payment procedure
4.1. The cost, as well as the procedure for paying for the Goods, is determined on the basis of the Supplier's information when the Buyer places an order, or according to the information set on the Supplier's website on the Internet: https://dreamfitpointe.com/
4.2. All settlements under the Agreement shall be made in non-cash form.
5. Privacy and Security
5.1. When implementing this Agreement, the Parties shall ensure the confidentiality and security of personal data in accordance with the current version of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data” and the Federal Law of July 27, 2006 No. 149-FZ “On Information, Information Technologies and on the protection of information.
5.2. The Parties undertake to maintain the confidentiality of information received in the course of the execution of this Agreement and take all possible measures to protect the information received from disclosure.
5.3. Confidential information means any information transmitted by the Supplier and the Buyer in the process of implementing the Agreement and subject to protection, the exceptions are listed below.
5.4. Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, diagrams, graphs, specifications and other documents provided by the Supplier, drawn up both on paper and on electronic media.
6. Force majeure
6.1. The Parties are released from liability for failure to perform or improper performance of obligations under the Agreement, if proper performance turned out to be impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions, which are understood as: prohibited actions of the authorities, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.
6.2. In the event of these circumstances, the Party is obliged to notify the other Party within 30 (Thirty) business days.
6.3. A document issued by an authorized state body is sufficient confirmation of the existence and duration of force majeure.
6.4. If force majeure circumstances continue to operate for more than 60 (Sixty) working days, then each Party has the right to unilaterally withdraw from this Agreement.
7. Responsibility of the Parties
7.1. In case of non-performance and / or improper performance of their obligations under the Agreement, the Parties shall be liable in accordance with the terms of this Offer.
7.2. The Party that has not fulfilled or improperly fulfilled its obligations under the Agreement is obliged to compensate the other Party for the losses caused by such violations.
8. Validity of this Offer
8.1. The Offer comes into force from the moment it is posted on the Supplier's Website and is valid until it is withdrawn by the Supplier.
8.2. The Supplier reserves the right to amend the terms of the Offer and / or withdraw the Offer at any time at its sole discretion. Information about the change or withdrawal of the Offer is communicated to the Buyer at the Supplier's choice by posting on the Supplier's website on the Internet, in the Buyer's Personal Account, or by sending a corresponding notification to the email or postal address specified by the Buyer when concluding the Agreement or in the course of its execution.
8.3. The Agreement comes into force from the moment of Acceptance of the terms of the Offer by the Buyer and is valid until the Parties fully fulfill their obligations under the Agreement.
8.4. Changes made by the Supplier to the Agreement and published on the website in the form of an updated Offer are considered accepted by the Buyer in full.
9. Additional terms
9.1. The contract, its conclusion and execution is governed by the current legislation of the Russian Federation. All issues not regulated by this Offer or not fully resolved are regulated in accordance with the substantive law of the Russian Federation.
9.2. In the event of a dispute that may arise between the Parties in the course of their fulfillment of their obligations under the Agreement concluded on the terms of this Offer, the Parties are obliged to resolve the dispute amicably before the commencement of legal proceedings.
The trial is carried out in accordance with the legislation of the Russian Federation.
Disputes or disagreements on which the Parties have not reached an agreement shall be resolved in accordance with the legislation of the Russian Federation. Pre-trial dispute resolution is mandatory.
9.3. As the language of the Agreement concluded on the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, provision of requirements / notifications / clarifications, provision of documents, etc.), the Parties have determined the Russian language.
9.4. All documents to be provided in accordance with the terms of this Offer must be drawn up in Russian or have a translation into Russian certified in the prescribed manner.
9.5. The inaction of one of the Parties in case of violation of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, and also does not mean a waiver of its rights if one of the Parties commits similar or similar violations in the future.
9.6. If the Supplier's Website on the Internet contains links to other third-party websites and materials, such links are provided for informational purposes only, and the Supplier has no control over the content of such sites or materials. The Provider shall not be liable for any loss or damage that may result from the use of such links.
10. Details of the Supplier
Full name: Gadzhimuradova Anna Evgenievna
Individual Taxpayer Number: 771543562128
OGRN/OGRNIP: 323774600554830
Contact phone: +7 993 702-03-51
Contact e-mail: Info@dreamfitpointe.com