The publication (Accommodation) of the treaty text to the web-site of an online store probelart.com is a proposal to conclude the following agreement on the terms, it forth. The things in the contract conditions,changed by the buyer,are not compensible.
The buyer is obliged until the conclusion of the contract, becomes familiar with the contents and the terms of the contract, goods and prices for the goods offered by the seller in the online store.
The implementation of the Order of goods through the Internet shop is full and unconditional acceptance of a public offer to conclude a Contract for the supply of goods ordered on the data conditions. The Buyer shall accept and unconditionally agrees to all of the terms and conditions set out in the Treaty, as well as information posted on the site at the time of ordering.
In connection with the foregoing, carefully read the text of the Treaty, and, if you do not agree with its terms or with any point conditions, refuse from purchasing goods in the online shop probelart.com.
Terms and definitions
For the purposes of this Treaty apply terms and their definitions in the values established by the legislation of the Republic of Belarus, as well as the following terms and their definitions:
Address - is provided by the customer identification information on the place of delivery, clearly and unambiguously determine the country, city, street name, the number of buildings (houses, buildings) and (if exists) rooms apartments (rooms, office).
Contract - the agreement between the parties on the sale of goods on the web-site of an online store probelart.com.
The Order - properly decorated, the buyer sent in the form established by the Seller, via the Internet-shop probelart.com and/or reported by the Buyer to the Seller, to purchase certain goods and/or services that you selected in the online shop probelart.com, and their delivery to the place in the requested address.
Offer - is addressed to one or more persons proposal, which is quite definitely, and expresses the intention of the person that made the offer, consider themselves have concluded a contract with the addressee, who will accept the offer.
The buyer - is a physical person, having intention to order or purchase this product, a person who purchases or uses the Goods solely for his/her personal, household, family, household and other needs, not related to the implementation of the entrepreneurial activity. The buyer is the person,named as the recipient of the goods.
The seller - Individual businessman Kiklevich Igor Aleksandrovich;
The site - is a collection of information resources located on the Internet on probelart.com.
The product - is an object (thing as a personal, family, domestic, household consumption of sale, not taken away and not limited in civil circulation, submitted for sale in the online store by posting in the relevant section of the online store and possible to order.
1. General Provisions.
1.1. The present Treaty defines the order of the seller for the sale of goods through the Internet-shop in accordance with article 405 of the Civil Code of the Republic of Belarus (hereinafter - GK RB) and is the official public offer the Seller, addressable undefined circle of persons.
This contract is a contract of retail sale of goods on samples outside of the Trade object by providing descriptions of goods in the online shop of the seller to probelart.com address in the global computer network Internet.
Treaty, drawn up in accordance with paragraph 2 of chapter 30 of the Civil Code of the Republic of Belarus "Retail sale", other normative legal acts of the Republic of Belarus regulating retail sales, does not require bilateral signing and is valid in an electronic form.
1.2. This Agreement is considered from the moment when the seller confirmed the order for execution.
1.3. The buyer acquires the goods for personal, household, family and other needs, not related to the implementation of the entrepreneurial activity.
1.4. When referring to the buyer and the Seller on the text of the treaty referred to the last part, and each separately on the side.
1.5. Each Party shall guarantee the other side of the relevant law and sufficient capacity, as well as all other rights and powers necessary for conclusion and execution of this Treaty.
1.6. The Seller reserves the right to make changes to this Agreement and the information in the online shop unilaterally, in connection with the Buyer shall at the time of the seller with the Order for the goods to take into account the possible changes. The Changes and/or additions made to this Agreement shall enter into force on the day of their publication in the online store. The Changes and/or additions made to this Agreement in connection with the changes in the current legislation shall come into effect simultaneously with the entry into force of the changes in the data acts of legislation.
1.7. The terms and conditions of the agreement is posted on the website online shop of the seller to address: Probelart.com in the basement of the Map tab, "Public contract".
1.8. The relationship between the seller and the buyer is governed by the Civil Code of the Republic of Belarus, the Law of the Republic of Belarus "On the Protection of the rights of consumers", the Decree of the Council of Ministers of the Republic of Belarus from 15.01.2009 N 31 "On Approval of the Rules for the implementation of retail trade on samples", this contract and other normative legal acts of the Republic of Belarus governing relations of retail sales.
2. The subject of the Agreement
2.1. Under this Treaty, the retail sale of goods on samples outside of the Trade object seller, carrying out business activities for the sale of goods in the retail, undertakes to transfer to the Buyer the ordered in the online store product designed for personal, family, home, or other use not associated with entrepreneurial activity, which corresponds to its sample or description, the quality of which and the prices correspond to the information provided by the buyer in the Online Shop Seller, and the Buyer shall pay and accept the goods in accordance with the terms of this Agreement.
2.2. The Buyer agrees not to use the goods ordered in the online shop, in the business purposes.
3. Product Information
3.1 The Seller shall, in accordance with the legislation of the Republic of Belarus in a timely manner in accessible form to bring to the attention of the Buyer necessary information about goods, which provides an opportunity to correct selection of goods.
3.2. All the information materials on products presented on the Site, are provided for reference only and may not be fully and 100% to transmit accurate information about the properties and characteristics of the goods, including color, size and shape. In the case of the Buyer issues relating to the property, the description and characteristics of the goods, before ordering the buyer must contact the seller for the contact information and clarify all the necessary information.
4.1. The buyer alone generates an order through the Internet-shop The Seller through a buyer of the relevant data into an existing electronic form of ordering (including registration) in the online store.
4.2. In the formation of the Order for the goods through the Internet-shop the buyer gives the Seller information that enables the seller to identify the buyer, in good faith and in time to fulfill the terms and conditions of this Agreement. To such information include: The name of the goods, the price and terms of payment; the surname, name, patronymic of the Buyer, the name and address of delivery of the goods, contact telephone number or email address, payment, delivery method. If necessary, as well as at the request of the seller, the Buyer shall inform the seller and other information necessary for ordering.
4.3. All of the details specified by the Buyer in order, are considered to be reliable and outgoing directly from the buyer. The Buyer bears all risks and losses associated with the placement of them false (infidels) data for the formation of the Order (4.2) and shall not have the right to invoke their inaccuracy in the event of a dispute with the seller.
4.4. The information in the order received by the seller, if necessary, may be consistent with the Buyer to contact us by phone or e-mail in order to clarify the various information, including a specific date and time of delivery of the goods. In the case of the proper registration of the Buyer order the goods the seller to the buyer confirms acceptance of the order placed for execution.
4.5. In the absence of the warehouse the Seller the required goods, the Seller informs the Buyer to the contact telephone number as listed in the order, either through e-mail, specified in the order. The seller if possible, the optional may propose to replace the ordered goods with goods, equivalent to the main trademark characteristics (product group, brand, value). The buyer has the right to accept the goods, or to refuse an order (cancel the order). In case of cancellation of the order, if the order was paid online, the seller is obliged to pay the cost of the canceled order fully.
4.6. The buyer has the right to make changes to the order prior to its execution of the Seller, i.e. until the confirmation of acceptance of your order for execution by the seller. You can do this yourself through personal cabinet or via support through email.
4.7. The information provided to the buyer, is confidential. Placing an Order indicates your acceptance and resolution of the buyer to seller process personal data of the Buyer, including the name, date of birth, gender, postal address; home, work, mobile phones, email address and other information reported by the Buyer.
Leaving the personal data, the Buyer automatically confirms their consent to receive electronic newsletter containing information about new products, promotions, special offers, and so on. The buyer shall have the right to opt out of receiving emails, notice to the seller.
The Buyer agrees, if it necessary, with the implementation of the goals set forth in this Agreement, the personal data received by the Seller, can be transferred to a third party, which the seller may entrust the processing of personal data of the Buyer on the basis of the contract concluded with such persons, subject to such third persons, data privacy and security of personal data during their processing. In the transfer of data specified Buyer Seller warns persons receiving personal data of the Buyer, that these data are confidential and may be used only for the purposes for which they reported, and require these persons to this rule. The buyer has the right to request the seller complete information about their personal data, their handling and use, as well as require deletion or correction/complement the incorrect or incomplete personal data by sending a written request to the name of the seller to the postal address. Data of the Buyer provided in accordance with the terms and conditions of this Agreement, and its consent to the processing of his personal data is indefinite.
4.8. Is not considered a violation of the obligations of disclosure of information in accordance with the valid and applicable requirements of the legislation of the Republic of Belarus.
4.9. Is not considered a violation of the provision of information by the Seller agents and third parties acting under contract with the seller, for the execution of obligations to the buyer.
4.10. The seller shall have the right without additional agreement with the Buyer to carry out recording telephone negotiations with the Buyer, after notifying him about this.
5. TERMS AND CONDITIONS OF DELIVERY OF GOODS
5.1 Methods, conditions and terms of delivery of Goods are specified on the website and described in detail in the section "Delivery and return". All information described in this section is an integral part of this Agreement. The agreed delivery method is the method chosen by the Buyer from the available delivery methods when placing the Order.
5.2 When ordering the Goods by the Buyer on the terms of delivery, the Seller shall make every effort to comply with the terms of delivery of the Goods specified on the Website, not excluding the reasons that may arise and affect the terms of delivery in the form of unforeseen events and circumstances that did not occur through the fault of the Seller.
5.3 The total term of delivery of the Goods shall consist of the term of processing of the Order and the term of delivery. The total delivery time is indicated on the order placement page. Delivery of the Goods to the Buyer shall be carried out within the terms specified in the confirmation of the Order by the Seller. The Seller has the right to unilaterally increase or decrease the agreed delivery term.
5.4 Delivery of goods to the Buyer shall be made to the Address specified in the Buyer's Order and agreed by the Seller in the confirmation of acceptance of the Order for execution.
5.5 Upon delivery, the Goods shall be delivered to the Buyer or to the person specified as the Recipient of the Order.
5.6 Simultaneously with the delivery of the Goods, the Seller shall provide the Buyer with a document confirming the fact of purchase of the Goods;
5.7 The transfer of ownership of the Goods as well as the risk of accidental loss or damage to the Goods shall pass from the Seller to the Buyer from the moment of the actual transfer of the Goods.
5.8 At the moment of delivery of the Goods, the Buyer shall carefully check the Goods (Goods) for compliance with quality and appearance. If the Buyer wishes to return the Goods due to transportation defects or if the Goods did not meet the Buyer's expectations, the Buyer shall have the right to make an application for the return of the Goods with full compensation of the cost of the Goods or request a replacement within 3 working days from the moment of receipt of the Goods. All expenses related to the transportation of the order are not reimbursed. In case of return, the delivery fee will be paid by the Buyer.
6. The price of GOODS AND PAYMENT FOR THE GOODS (the order of calculation)
6.1. The price of the Goods shall be indicated next to the specific Goods name in the Seller's online shop. The price of Goods maybe changed by the Seller unilaterally. Prices for the Goods on the Seller's website shall be set in the currency (RMB, USD) according to the exchange rate of the National Bank of the Republic of Belarus effective on the day of payment for the goods. The price of the Goods and еру discounts, provided by the Seller are valid at the moment of confirmation of acceptance of the Order for the Goods. The price of the replaced Goods is valid at the moment of picking up the Order. In this case, the price of the Goods for which the Order is placed and the amount of the discount are not subject to change, except as described in Section 6.2.
6.2. The Seller is entitled not to confirm or cancel the order and notify the Buyer, to refuse payment and/or sale of goods at a specified price, if it was a consequence of the unexpected and(or) inadvertent technical error related to the human factor or incorrect work of the software on the side of the seller and(or) to ensure its functioning of third party services, or misconduct on the part of third persons.
In the case of the wrong instructions prices private buyer of the goods, the seller if an error is detected, inform the Buyer for: The order confirmation for the corrected price; its revocation; return the paid money or recalculation (depending on the situation).
6.3. Payment by the Buyer is made in United States dollars and Chinese RMB, the ways and under the conditions specified by the seller in the relevant section of the online store. All of the described in this section is an integral part of this Agreement.
The agreed payment method is considered to be the way chosen by the buyer of the available payment methods when booking.
6.4. The Commission on translation of cash paid by the Buyer.
6.5. Payment for goods and services is in the form of cashless payments in accordance with the established order.
6.6. Currency calculations: Us Dollars and Chinese RMB.
Settlements with citizens of the Republic of Belarus shall be made in Belarusian rubles at the exchange rate of the National Bank of the Republic of Belarus established on the day of Sale of Goods.
6.7. The seller may provide the Buyer discounts on goods and install the program of bonuses, hold shares. Types of discounts, shares, the terms and conditions of the shares, assessment and provision of bonuses are shown on the website online shop of the seller and may be changed by the Seller unilaterally.
7. The ORDER of the RETURNING OF THE GOODS
7.1. The Buyer has the right to refuse the Goods after receiving them within 3 working days. Return of Goods of proper quality is possible in case the Buyer provides evidence of its condition, and the Seller is provided with a document confirming the fact and conditions of purchase of this Goods. According to the Law, returning of the used Goods is impossible.
7.2. Return of the Goods of appropriate quality or the exchange of the goods of similar characteristics is carried out in accordance with the law. The exchange or return the Product, provided that it was not in use, stored in its consumer properties and quality, there is evidence of the acquisition by the seller.
7.3. The buyer, which sold the goods of improper quality may, at their own choice require:
Replacement of the defective goods The goods of good quality (if in stock);
Require the return of the purchase price of the product of monetary amounts.
7.4. Exchange and (or) the return of goods is carried out by and at the expense of the Buyer.
7.5. The refund of money is to be executed by the seller in the form in which it was paid for the goods, within the deadlines established by law.
8. Warranty and Liability
8.1. The seller is not liable for damage caused to the buyer and(or) to third parties as a result of the improper use of the latest goods purchased in the online shop of the seller.
8.2. The seller has the right to transfer its rights and obligations arising from its relationship with the buyer, to third parties.
8.3. Seller shall not be liable for the consequences associated with the actions of the Buyer and(or) of third parties in case of use of the goods purchased from the Seller, business purposes.
8.4. The seller is not responsible for damages of the Buyer arising as a result of:
Do not provide reliable information in reconciling the order, including the improper instructions identification information;
Wrongful acts of third persons.
8.5. The Buyer bears full responsibility for the accuracy of the identification of the information stated them when ordering goods from the online store.
8.6. The parties are relieved from responsibility for the total or partial non-performance of their obligations, if such failure resulted from the actions of force majeure circumstances arising after the entry into force of the present Treaty and/or as a result of the events of an extraordinary nature, which the parties could not foresee and prevent reasonable measures.
8.7. In other cases, not provided for in paragraph 8.7 of this treaty, for nonperformance or improper performance of their obligations, the parties shall bear responsibility in accordance with the legislation of the Republic of Belarus.
9. Force-majeure circumstances
9.1. In the event of circumstances of the impossibility of full and partial execution of one of the parties obligations under this Treaty, namely: Fires, natural disasters and other emergencies (floods, earthquakes, fires, flooding, abnormally high (+30°C) or abnormally low (-20°C) ambient temperature and other adverse conditions), any obstruction of roads regardless of the reason for the obstruction, strikes and other public unrest, acts of terrorism and other criminal violations, etc.; war, the military operations of any nature, the blockade, the prohibition of export or import, the problem in the urban grid, on telephone or on transit sites, the Internet and other violations of the functioning of the data transmission networks outside the sphere of influence of the Parties, road-traffic accidents; acts of legislation directly or indirectly prohibit or impeding the execution of obligations, any other circumstances created in addition to the will and desire of the Parties that cannot be foreseen or avoided, the term Delayed commensurate with the time during which such circumstances will be acted.
9.2. The party, which has force-majeure circumstances, is obliged to notify the other Party not later than twelve (12 hours), since the outbreak of the force majeure circumstances impeding the execution of the assumed obligations under the Treaty.
10. The responsibility of the Parties. Procedure FOR RESOLUTION OF DISPUTES
10.1. Parties are responsible for the improper fulfillment of its obligations under this Treaty, in the manner stipulated by the legislation of the Republic of Belarus.
10.2. Seller is not responsible for damages caused by the buyer as a result of the improper use of the latest goods purchased in the online shop of the seller.
10.3. The seller is not responsible for damages of the Buyer arising as a result of:
Providing false information in the harmonization of the Order, including the improper instructions identification information;
Wrongful acts of third persons.
10.4. The Buyer bears full responsibility for the accuracy of the identification of the information stated them when ordering goods from the online store.
10.5. All disputes under this Agreement shall be settled by negotiation. In case of questions and claims by the purchaser or recipient, it must refer to the seller by phone or e-mail, specified in the section "Contacts" on the web-site of an online store.
10.6. The pre-trial (claim) procedure for the settlement of disputes is mandatory. If the same agreement on the dispute is not reached, the disputes shall be settled in accordance with the legislation of the Republic of Belarus.
11. Other terms and conditions
11.1. The contract is considered to be executed by the seller from the moment of delivery of the goods to the place indicated in the order of the Buyer.
11.2. The buyer agrees to the conclusion of this Treaty by placing the order for goods and confirming the acceptance of the order for execution by the seller.
11.3. When you purchase goods in the online shop for the Buyer retains all rights guaranteed by the Law of the Republic of Belarus "On the Protection of the rights of consumers".
11.4. The seller shall have the right without the consent of the Buyer to transfer their rights and responsibilities for execution of the contract to a third party.
11.5. An unilateral renunciation of the execution of the contract can be made by the Seller at any time, but this does not constitute a waiver of the obligations of the seller to have already confirmed by the Seller Orders (accepted for execution by the seller).
11.6. The Buyer prior to the transfer of goods to him shall have the right to refuse to perform the contract, subject to reimbursement of the Seller for costs incurred in connection with the perpetration of action for its implementation. The amount of compensation is determined by the Seller unilaterally.
11.7. The acceptance by the court of the invalidity of any provision of this Agreement shall not entail the invalidity of the remaining provisions.
12.1. All information presented on the Seller's Website, including text, graphics, promotional materials, logos, trademarks, is the property of the seller and (or) other rights holders, and may not be used by third parties without the prior written consent of the seller and (or) other owners.
13. The buyer's bank details
13.1. The unconditionally agreement with the fact that the buyer information when ordering in the Internet Shop Probelart.com is considered to be the buyer's details. The Buyer accepts the fact that the details will be used by the Seller for official relations with him and responsible for the accuracy of the provided information.
14. The SELLER'S DETAILS
Individual businessman Kiklevich Igor Aleksandrovich
Address: Minsk, st. Tikotskogo, 20, p.28