PUBLIC OFFER AGREEMENT FOR REMOTE SALE OF GOODS This Agreement constitutes an official offer (public offer) by LLC “AVICENNA GROUP” (hereinafter referred to as the “Seller”) to any individual (hereinafter referred to as the “Buyer”) who accepts this offer under the terms set forth below. In accordance with Paragraph 2 of Article 437 of the Civil Code of the Russian Federation (CC RF), upon acceptance of the terms set forth below and payment for the Services, a legal entity or an individual who accepts this Offer becomes the Customer (in accordance with Paragraph 3 of Article 438 CC RF, acceptance of an offer is equivalent to entering into a contract on the terms specified in the Offer). The moment of the Customer's full and unconditional acceptance of the Seller's offer to conclude an offer agreement (acceptance of the offer) is considered to be the fact of the Buyer's payment for the Seller's goods/services. The text of this Offer Agreement (hereinafter referred to as the “Agreement” or the “Offer”) is available at: https://симбиотикультра.рф/ TERMS AND DEFINITIONS For the purposes of this Agreement, the following terms and definitions are used in the following meaning: "Seller" - AVICENNA GROUP LLC, established in accordance with the legislation of the Russian Federation and engaged in business activities for the sale of Goods remotely. "Buyer" means any individual person who has accepted this offer on the terms set out below, who purchases or uses goods exclusively for personal, family, household and other needs unrelated to business activities. According to the company's terminology, the Distributor and the Customer are also the Buyer. "Public offer" - a public offer of a product (service) by the Seller, addressed to an unlimited number of individuals (citizens), to conclude a retail sale agreement on the terms containing all the essential conditions. "Acceptance" is the Buyer's full and unconditional acceptance of the terms of this agreement (public offer). A "remote method of selling goods" is the conclusion of a retail sale agreement based on the Buyer's familiarization with the description of the product (service) offered by the Seller through catalogs, brochures, booklets, photographs, means of communication (television, telephone, mail, radio, Internet, and others) or other means that exclude the possibility of direct acquaintance of the Buyer with the product (its sample) or service at the conclusion of such an agreement. "Site" - Internet sites that contain information for the Buyer at: https://симбиотикультра.рф/ "Product" is an object of sale that has not been seized or restricted in the civil stream of commerce and is offered for sale by posting in the appropriate section of the Seller's website. “Order” is a request made by the Buyer on the Seller's website for the purchase and delivery of Goods selected by the Buyer on the Seller's website and provided to the Seller via the Internet (electronic form posted on the website) and/or made by the Buyer by phone. For the purposes of this offer, singular terms and definitions also apply to plural terms and definitions and vice versa. “MCC” is a multifunctional consulting center in the office format, which operates if the Distributor has decided to maintain such an office (and has received confirmation from the Seller) for more efficient distribution. Such a Distributor has the status of the Head of the MCC. The geographical location of the MCC, the cities and addresses where they are located are posted on the website. 1. GENERAL PROVISIONS 1.1. In accordance with Article 437 of the Civil Code of the Russian Federation (hereinafter referred to as the CC RF), this document is a public offer addressed to individuals, and if the conditions set out below are accepted, the individual undertakes to pay for the Goods and their delivery on the terms set out in this offer. In accordance with paragraph 3 of Article 438 of the CC RF, placing an order for Goods by the Buyer is an acceptance of the Seller's offer, which is equivalent to concluding a Contract for the sale of Goods on the terms set out in this offer and on the website. 1.2. The Seller and the Buyer guarantee that they have the necessary legal and capacity to act, as well as all the rights and authorities necessary and sufficient for the conclusion and execution of the Contract of retail sale of Goods. 1.3. By ordering Goods through the website, the Buyer unconditionally accepts the terms of this offer, as well as the terms indicated on the website. The Product Order placed by the Buyer on the website is a confirmation of the transaction (Contract) concluded between the Seller and the Buyer for the retail sale of Goods. 1.4. To the relationship between Buyer and Seller apply the provisions of the CC RF (including the Regulation on retail sale (Chapter 30, § 2)), the Law of the Russian Federation "On Consumer Rights Protection" dated 07.02.1992, No. 2300-1, Decree of the Government of the Russian Federation dated 27.09.2007, No. 612 "On Approval of the Rules for the sale of goods by remote method" and other legal acts adopted in accordance with them. 1.5. The Seller reserves the right to make changes to this offer unilaterally, and therefore the Buyer undertakes to independently monitor changes to the offer posted on the website. The Seller must post a notice of changes to this offer no later than 7 (seven) business days prior to the effective date. 2. SUBJECT OF THE CONTRACT, TRANSFER OF RIGHTS AND RISKS 2.1. The Seller transfers, and the Buyer accepts and pays for the Goods under the terms of this Agreement. 2.2. Ownership of the Goods passes from the Seller to the Buyer at the time of acceptance of the Goods by the Buyer and payment by the Buyer of the full cost of the accepted Goods. 2.3. The risk of accidental loss or damage to the Goods passes to the Buyer from the moment the Goods are accepted by the Buyer. 3. RIGHTS AND OBLIGATIONS OF THE PARTIES 3.1. The Seller undertakes to: 3.1.1. From the moment of conclusion of this Agreement, ensure the fulfillment of its obligations to the Buyer on the terms established by this offer and in accordance with the requirements of the current legislation of the Russian Federation. The Seller reserves the right to refuse to fulfill its obligations in the force majeure event ("force majeure") in accordance with clause 8 of this offer. 3.1.2. Process and store the Buyer's personal data provided to the Seller and ensure their confidentiality in accordance with the procedure established by applicable law and in accordance with the Consent to the processing of personal data and the Privacy Policy posted on the Seller's website. 3.1.3. By accepting this offer, the Buyer confirms his consent and authorizes the Seller to process personal data. 3.1.4. The Seller has the right to transfer the Buyer's personal data to counterparties (Courier services, transport companies, payment agents, MCC) in order to deliver to the Buyer the Goods ordered by the Buyer and payment acceptance from the Buyer for the goods in favor of the Seller. 3.2. The Seller has the right to: 3.2.1. To change the terms of this offer, in accordance with clause 1.5.; the prices of the Goods indicated on the website; the terms of payment for the Goods; the methods and terms of delivery of the Goods to the MCC; as well as other conditions specified in this offer or on the Seller's website. At the same time, the price of the goods ordered by the Buyer is not subject to change if this order is confirmed by the Seller. 3.2.2. Transfer their rights and obligations under the transaction (Agreement) concluded with the Buyer to third parties without the consent of the Buyer. 3.3. The Buyer undertakes to: 3.3.1. Before placing an Order on the website, familiarize him/herself with the contents and conditions set out in this offer, as well as with other conditions indicated on the website, including the prices of Goods set on the website. 3.3.2. In order for the Seller to fulfill its obligations to the Buyer, the Buyer must provide his personal data necessary to identify the Buyer and sufficient to complete the transaction with the Seller and deliver the Goods ordered by Buyer to the MCC. 3.3.3. Pay for the ordered Goods and their delivery to the MCC under the terms of this offer. 3.3.4. Comply with the conditions set forth in this offer. 4. PROCESSING AND COMPLETION OF THE ORDER 4.1. The Buyer’s Order can be placed by filling out the electronic Order form on the website. 4.1.1. When placing an Order via an electronic form on the website, the Buyer hereby confirms that he is familiar with the rules for the sale of Goods through the seller's website, indicated on the website and in this offer, and undertakes to provide the Seller with all the information necessary for the proper processing and execution of the Order. 4.1.2. When placing the Order through the Website, the Buyer fills out an electronic Order form and sends the generated Order to the Seller by confirming the Order in electronic form. 4.2. If the required quantity or assortment of the Goods ordered by the Buyer is not available in the Seller's warehouse, the Seller informs the Buyer about it by phone or by sending a message to the e-mail address specified by the Buyer, within 12 (twelve) hours after receiving the Order from the Buyer. The Buyer has the right to agree to accept the Product in a different quantity or assortment, or to cancel the Order. If the Buyer's response is not received within 3 (three) calendar days from the moment the Seller notifies the Buyer, the Seller has the right to cancel the Buyer's Order entirely. 4.3. The Buyer has the right to change the composition of the Order before the Seller transfers it to the Courier Service, to the Russian Post or to the transport company, by notifying the Seller by phone or e-mail. The order is considered modified after the Seller confirms the availability of the goods in the Seller's warehouse. 4.4. If the Buyer has any additional questions regarding the properties and characteristics of the Goods, conditions of delivery to the MCC, return, exchange of goods, etc., before placing the Order, the Buyer must contact the Seller by phone or e-mail to obtain the necessary additional information. The absence of such requests indicates that the information available to the Buyer is sufficient to place the order and conclude this offer. 5. PRODUCT DELIVERY 5.1. The Seller ensures the timely preparation of the Goods for shipment to the Buyer and their transfer to the courier service, the transport company (in accordance with the delivery method chosen by the Buyer). The Seller is not responsible to the Buyer for the delay in the delivery of the goods through no fault of his own, due to unforeseen circumstances. 5.2. The Buyer has the right to cancel the Order at any time before receiving the goods. In this case, the shipping cost paid by the Buyer in advance will not be refunded by the Seller to the Buyer. 5.3. If delivery of the Goods fails due to the Buyer’s fault, any re-delivery shall be made upon mutual agreement of new delivery terms between the Seller and the Buyer and upon payment by the Buyer of all applicable re-delivery costs of the Goods. 5.4. The goods are delivered by transport companies. 5.5. When placing an order, the Buyer has the right to specify the address of the MCC for the delivery of the order. 5.6. Payment by the Buyer for the delivery of the Goods: 5.6.1. The cost of delivery is determined by the tariffs of the delivery company. The shipping cost is paid in advance by the Buyer. The method of payment for the delivery and the amount of the shipping cost in this case are determined by the parties at the time of placing the order. 5.6.2. In case the Buyer refuses to accept and pay for the Goods upon the Order specified in this offer, the Buyer undertakes to pay the cost of delivery of the Goods specified in this Offer. 5.6.3. If the Buyer refuses to pay for the delivery in the cases specified in this offer, the Seller has the right to enter the Buyer's data into the database of unreliable customers ("blacklist") and refuse such a Buyer to execute subsequent Orders. 5.7. If it is necessary to obtain additional and/or more detailed information on the methods of delivery of the Goods, the Buyer clarifies it at the time of placing the order. 5.8. Upon receipt of the Goods, the Buyer shall inspect the Goods at the place of delivery to verify their conformity with the Order, completeness, appearance, and the integrity of seals and factory labels. Acceptance of the Goods without remarks deprives the Buyer of the right to claim for any shortages of the Goods, visible defects (obvious manufacturing defects), or discrepancies between the delivered Goods and the Order or accompanying documents. 6. PAYMENT FOR GOODS 6.1. The prices of the Goods are determined by the Seller unilaterally and indicated on the website in Russian rubles. The Seller may change the price of the Goods unilaterally. However, the price of the Goods already ordered by the Buyer is not subject to change. Payment for the Goods is made by full prepayment on the Seller’s website. The cost of the Goods is indicated in the section of each specific item and is valid at the time the Order is placed. 6.2. The Buyer may order only those Goods that are available in stock at the time of placing the Order. 6.3. Payment for the Goods by the Buyer is made in rubles using electronic payment systems. The method of payment is determined at the time of placing the Order. 6.4. Payment procedure. Prepayment. The Buyer shall make a prepayment in the amount of 100% of the cost of the Goods by transferring funds to the Seller’s settlement account. 6.5. Upon delivery, the ordered Goods are handed over to the Buyer. If the Buyer is unable to receive the Goods in person, the Buyer shall issue a power of attorney authorizing another person to receive the Goods on their behalf for presentation to the Seller. 6.6. The sale agreement shall be deemed concluded from the moment the Order is placed on the Seller’s website. 6.7. Detailed information on payment for the Goods is also available on the Seller’s website. If necessary, the Buyer has the right to request clarification from the Seller’s representative. 6.8. In the event that the Buyer cancels the Order before the Goods are shipped, the amount paid as prepayment shall be refunded to the Buyer by transfer of funds from the Seller’s account within 30 (thirty) calendar days. Refunds for Goods and Services paid for by bank cards or other non-cash methods may not be made in cash (Clause 2 of the Directive of the Bank of Russia No. 1843-U dated 20.06.2007 and Letter of the Central Bank of the Russian Federation dated 01.08.2011). 7. RETURN AND EXCHANGE OF GOODS 7.1. The Buyer has the right to refuse the Goods of proper quality, subject to simultaneous fulfillment by the Buyer of the conditions specified in Clause 7.3 of this Offer, within the following timeframes: |
7.2. When returning Goods of proper quality, the Buyer shall be refunded the price of the Goods paid to the Seller, excluding the cost of delivery to the Buyer. The Buyer’s expenses related to the return of Goods of proper quality to the Seller shall not be reimbursed by the Seller. The refund shall be made within thirty (30) calendar days from the date the returned Goods are handed over to the Seller and upon submission by the Buyer of a written request (application), provided that the Buyer has complied with all conditions set forth in this Offer. 7.3. When returning Goods of proper quality, the Seller shall accept such Goods only if the Buyer complies with the following conditions: 7.3.1. When returning the Goods, the Buyer must complete and submit to the Seller a Return Application, which must include: a) the Seller’s full legal name; b) the Buyer’s full name, address, and contact telephone number; c) details of the Goods and payment; d) the date the Goods were delivered to the Buyer and the date of return to the Seller; e) the amount to be refunded and the Buyer’s bank details; f) any other information specified in the application, along with proof of payment and shipment documents, etc. The Buyer may send the application to the Seller by e-mail, in person, or to the Seller’s official e-mail address. 7.3.2. Return of Goods of proper quality is possible if: |
7.4. If the above conditions are not met, the Goods shall not be accepted by the Seller for return. 7.5. The Buyer independently chooses the method of returning the Goods to the Seller. If the returned Goods are damaged during delivery to the Seller (documented by a statement of damage), the Seller shall not refund the value of such damaged Goods. The Buyer shall submit claims regarding such damage directly to the delivery service responsible for the damage. 7.6. The Buyer has the right to exchange Goods of proper quality for other Goods. 7.6.1. Requests for the exchange of Goods of proper quality may be made within 7 (seven) calendar days from the date of receipt of the Goods by the Buyer, subject to compliance with the conditions set forth in Clause 7.3.2 of this Offer. 7.6.2. When exchanging Goods of proper quality, the Buyer must complete and submit to the Seller an Exchange Application according to the form provided to the Buyer containing the information specified in Clause 7.3.1 of this Offer, as well as details of the Goods requested in exchange and the method of settlement for any price difference. 7.6.3. If the exchange results in a price difference in favor of the Buyer, the Seller shall refund the difference within 30 (thirty) calendar days from the date of submission of the request for exchange and receipt of the returned Goods. 7.6.4. In the case of an exchange of Goods of proper quality, all delivery and return shipping costs shall be paid by the Buyer and shall not be reimbursed by the Seller. 7.6.5. The provisions of Clause 7.5 of this Offer shall also apply to the return of Goods for exchange by the Buyer to the Seller. 7.7. In the event of a return of Goods of improper quality, such Goods shall be accepted by the Seller in accordance with the legislation of the Russian Federation. 7.8. When submitting a claim regarding Goods of improper quality, the Buyer must ensure that the Goods are clean and dry. 7.9. The Buyer has the right to: |
7.10. When the Buyer submits a claim regarding the quality of the Goods, the Seller may require the Buyer to provide photo and/or video materials on the basis of which the claim will be reviewed through internal verification. Based on the results of the review, the Seller shall decide whether the claim is justified and whether the return shipment of the Goods to the Seller is necessary. Such review and decision shall be made by the Seller within 7 (seven) calendar days from the date the claim is received. After the verification the Seller may initiate an independent expert examination of the Goods in accordance with the laws of the Russian Federation. 7.11. In the event hidden manufacturing defects are discovered or confirmed, the Buyer’s claim shall be satisfied on the basis of a written application submitted according to the form provided to the Buyer by the Seller and containing the information specified in Clause 7.3.1 of this Offer and other details necessary to process the return or exchange of Goods of improper quality. 7.12. Pursuant to Article 22 of the Law of the Russian Federation “On Protection of Consumer Rights”, the Buyer’s demands for contract termination and refund for Goods of improper quality shall be satisfied as follows: |
7.12.1. The Buyer’s claim for payment of the difference in value arising from the exchange of Goods of improper quality for another product, if such difference is in the Buyer’s favor, shall be satisfied within thirty (30) days from the date of submission of the claim (application) and receipt by the Seller of the returned Goods for exchange, if required by the Seller. 7.12.2. The procedure and method of additional payment of the difference to the Seller when recalculating the value of the exchanged goods is indicated by the Buyer in the application. 7.13. If it is impossible to determine the cause of defects and the liable party, the Seller may initiate an expert examination of the Goods (paragraph 2, Clause 7.12 of this offer) conducted at the Seller’s expense. Based on the results of the examination: 7.13.1. If the examination confirms that the Seller is responsible for the defects, the Seller shall refund the cost of the Goods and reimburse the Buyer for documented expenses incurred in returning the Goods to the Seller within 30 (thirty) calendar days from the date of receipt of the expert’s conclusion. 7.13.2. If the examination establishes that the defects occurred for reasons beyond the Seller’s control, the Buyer shall reimburse the Seller for the cost of the examination, as well as expenses related to the return and storage of the Goods. 7.13.3. If the independent examination does not reveal any manufacturing defects or other causes for which the Seller is responsible, the Goods shall be returned to the Buyer at the Buyer’s expense. If the Buyer fails to pay the Seller’s expenses related to the examination and return shipment within 45 (forty-five) calendar days from the date of notification of the examination results, the Goods shall be deemed unclaimed by the Buyer and retained by the Seller. In this case, no refund shall be made to the Buyer. 7.14. Refunds for Goods returned by the Buyer to the Seller under the terms of this Offer shall be made by non-cash transfer to the Buyer’s bank account details specified in the return application. Refunds for Goods and Services paid by bank cards or other non-cash means may not be made in cash (Clause 2 of the Directive of the Bank of Russia No. 1843-U dated 20.06.2007 and Letter of the Central Bank of the Russian Federation dated 01.08.2011). 7.15. Claims regarding the quality of Goods are accepted only if the Buyer complies with the following requirements for acceptance of the Goods from the transportation company/courier service (hereinafter – the “Carrier”) and provides the Seller with named/listed documents and photo/video materials. The Buyer is obliged to provide with a claim on the quality of the Goods: |
8. FORCE MAJEURE 8.1. Either Party is released from liability for full or partial non-fulfillment of its obligations under this Agreement, if this non-fulfillment was caused by force majeure circumstances. Force majeure circumstances mean extraordinary events and circumstances that the Parties could not have foreseen and prevented by reasonable means. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, military actions, etc. 9. RESPONSIBILITY OF THE PARTIES 9.1. The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement (the Seller's public offer accepted by the Buyer) in accordance with the legislation of the Russian Federation. 9.2. All text information and graphic images posted on the website have a legitimate copyright holder. Illegal use of the specified information and images is prosecuted in accordance with the current legislation of the Russian Federation. 9.3. The Seller is not responsible for any damage caused to the Buyer as a result of improper use of the Goods purchased from the Seller. 9.4. The Seller is not responsible for the Buyer's losses resulting from: |
Purpose of processing | conclusion, execution and termination of civil contracts |
Personal data |
Legal grounds |
Types of personal data processing |