OFFER AGREEMENT

This Agreement is a public contract — a public offer contract, that is, according to it, the conditions are uniform for all buyers, regardless of their status. Upon full agreement with this Agreement, the buyer accepts the terms of placing an order, paying for the goods, and delivering the goods. This Agreement is an agreement between the Buyer and (online store “https://candle-hm.com”) (hereinafter – the “Seller”) and any legal entity, individual entrepreneur or natural person, user of the services of the online store , hereinafter referred to as the “Buyer” (hereinafter – the “Buyer”), which includes all essential conditions for the organization of the purchase and sale remotely (i.e. through the Internet store).

This contract is in the nature of a public offer, is the equivalent of an “oral contract” and has due legal force in accordance with current legislation.

1. Terms

1.1. This contract is a public offer and contains all essential conditions for the organization of purchase and sale remotely, i.e. through an online store.

1.2. In accordance with the full and unquestionable acceptance of the terms of the public contract, that is, the public offer of the online store, by clicking on the link “Make an order”, “Make an order” or “Buy in 1 click” and pay for the order in the amount of 100% under the terms of this contract.

1.3. Acceptance of a public offer is also carried out upon registration of the Buyer on the website of the online store.

1.4. By concluding the Agreement, the Buyer confirms that he is fully and completely acquainted with and agrees with its terms, and also, if the Buyer is a natural person, gives permission for the processing of his personal data for the purpose of the possibility of fulfilling the terms of this Agreement, the possibility of making mutual settlements, as well as receiving invoices , acts and other documents. The permission to process personal data is valid for the entire term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been informed (without additional notification) of the rights established by the Law “On the Protection of Personal Data”, about the purposes of data collection. The extent of the Buyer’s rights as a subject of personal data in accordance with the Law “On the Protection of Personal Data” is known and understood by him.

2. Terms and definitions

2.1. “Internet store” – the website of the Seller (“https://candle-hm.com”), created for the conclusion of retail and wholesale sales contracts based on the Buyer’s familiarization with the description of the Goods. on the photos offered by the Seller, using the Internet, which excludes the possibility of direct acquaintance of the buyer with the goods – a remote method of selling the goods.

2.2. “Product” – a list of assortment names presented in the online store.

2.3. “Personal data” is any information that directly or indirectly relates to a specific person or is personally identifiable.

2.4. A significant defect of the product is a defect that makes it impossible or impossible to use the product for its intended purpose, was caused by the fault of the manufacturer (seller), after its elimination, appears again for reasons independent of the consumer, and at the same time is endowed with at least one of the following signs:

a) it cannot be removed at all;

b) it takes more than fourteen calendar days to eliminate it;

c) makes the product significantly different from what is provided for in the contract.

3. Subject of the contract

3.1. The online store undertakes to transfer ownership of the goods to the Buyer, and the Buyer undertakes to accept and pay for the goods under the terms of this contract.

3.2. This agreement regulates the purchase and sale in the online store, including:

a) the Buyer’s voluntary choice of goods in the online store by category;

b) independent placing of an order by the Buyer on the website in the online store;

c) payment by the Buyer of the order placed in the online store;

d) execution and transfer of the order to the ownership of the Buyer under the terms of this contract.

4. Order registration procedure

4.1. The buyer independently places an order online in the online store or by phone using the contacts specified in the online store.

5. Price and payment procedure for the goods

5.1. The full price of the product is indicated on the pages of the Seller’s online store.

5.2. Prices for Goods and services may change depending on the market situation, which is reflected in the prices in the online store. The Seller cannot change the price for a particular Buyer if he has already accepted the Seller’s terms and made payment for the goods (services) in accordance with the procedure established by this contract.

5.3. The Buyer pays for the order within 5 working days (in the amount of 100% prepayment) by bank transfer to the Seller’s current account specified in the invoice, incl. using Internet banking.

6. Order delivery

6.1. The shipment of the goods to the Buyer takes place after receiving from the Buyer 100% payment on the issued invoice within 7 working days.

6.2. Delivery and return of goods is carried out by the seller or a transport company (carrier) at the expense of the Buyer. The total delivery time cannot exceed 14 days.

6.3. The cost of delivery to the online store is not specified, as it depends on the current tariffs of the transport company (carrier).

6.4. When ordering wholesale batches, the conditions and methods of delivery are agreed separately in each specific case.

6.5. The seller is not responsible for the terms of delivery of the order, as they depend on the actions of third parties (carriers).

6.6. Payment of the delivery cost is made by the Buyer to the carrier company independently, upon receipt of the goods. The exact cost of delivery is determined by the carrier.


7. 
Return of goods of proper quality

7.1. The buyer has the right to exchange a good quality product for a similar one from the seller from whom it was purchased, if the product does not suit him in terms of shape, size, style, color, size or for other reasons. cannot be used as intended under the following conditions:

a) the goods for exchange are provided to the Seller within no more than fourteen days, excluding the day of purchase;

b) the product is subject to replacement if it has never been used, does not contain traces of use and its appearance, consumer properties, seals, labels, films, integrity of the packaging of both the product itself and its accessories have been preserved. is not violated;

c) the product does not have scratches, chips, abrasions, is fully functional;

d) the complete set of sold goods is kept;

e) replacement of goods can be carried out upon presentation by the Buyer of the settlement document issued to the Buyer together with the sold goods.

7.2. In the event that the goods do not meet the conditions specified in paragraphs a) — e) of clause 7.1. The seller has the right to refuse to exchange the goods.

7.3. Transport costs for the delivery of the Goods in the case of exchange under clause 7.1. rely on the Buyer.

7.4. When exchanging a product, its warranty period is recalculated on the day of the exchange.

7.5. If at the time of the exchange, a similar product is not available for sale, the buyer has the right to either purchase any other product from the available assortment with a corresponding recalculation of the cost, or terminate the contract and receive the money back. the amount of the value of the returned product, or exchange the product for a similar product at the first arrival of the corresponding product for sale.

8. Rights and obligations

8.1. The buyer is obliged to:

a) familiarize yourself with the information about the product, which is posted on the seller’s website;

b) place an order on the website yourself;

c) timely pay and receive orders from the Carrier under the terms of this contract;

d) upon receiving the goods from the carrier, make sure of its integrity and completeness by inspecting the contents of the package. In case of detection of damage and incomplete equipment, record them in the act, which must be signed by an employee of the carrier together with the Buyer.

8.2. The buyer has the right to demand from the online store the fulfillment of the terms of this contract.

8.3. The online store is obliged to:

a) comply with the terms of this agreement;

b) deliver the goods to the Buyer in accordance with the selected sample placed in the online store, the completed order and the terms of this contract;

c) The online store is not responsible, cannot act as a defendant in court and does not compensate for damages caused to the Buyer by the actions or inaction of third parties.

8.4. The online store has the right to:

a) unilaterally terminate the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.

9. Procedure for receiving goods by the Buyer

9.1. When receiving the Goods at the warehouse of the carrier, from the courier or the seller, the buyer is obliged to check the external integrity of the packaging, after which to open it and directly verify the proper external condition of the Goods (absence of mechanical damage). ) and the fullness of its fullness.

9.2. In case of presence of at least one of those listed in clause 9.1. Defects of the contract, the Buyer is obliged to record them in a written act of any form. The act must be signed by the Buyer and an employee of the carrier or the Seller. Within 1 (one) day from the moment of signing the Act, the Buyer is obliged to inform the manager (Seller’s representative responsible for placing the order for the goods) about the detected defects and agree on the replacement of the goods.

9.3. The parties have agreed that in case of failure to comply with the mandatory requirements of the specified procedure, the Buyer acknowledges receipt of the Goods in proper condition — without mechanical damage and in complete completeness.

9.4. In case of discovery during the established warranty period (expiry date) of significant defects that arose due to the fault of the manufacturer of the goods (seller), or falsification of the goods, confirmed by the conclusion of the examination, the Buyer, in the manner and within the terms established by the warranty obligations of the manufacturer of the Goods, taking into account of the terms of the contract-offer has the right to demand from the seller at its own discretion:

9.4.1. termination of the contract and return of the amount paid for the Goods;

9.4.2. replacement of the product with the same product or with a similar product from among those available at the Seller.

9.5. In such a case, after confirmation by the Seller of significant defects of the Goods and the Buyer’s declaration of will, the paid funds are returned to the latter according to the specified details within 7 (seven) calendar days after the return of the goods. .

9.6. In the case of replacement of low-quality goods, payment for the carrier’s services is made at the seller’s expense.

9.7. In any case, the return of the Product must be in the original packaging in which the product was received, while preserving the product appearance and consumer qualities.

9.8. All issues not regulated by this Contract-offer, related to the order, terms of warranty repair or replacement of the Product when defects are detected during the warranty (applicable) period, are regulated in accordance with the warranty obligations defined by the manufacturer of the corresponding product. The product, and in the event that the manufacturer has not established such warranty obligations – in accordance with the current legislation.

10. Obligations of the parties

10.1. The parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and current legislation.

10.2. In the event of force majeure, the parties are exempted from fulfilling the terms of this Agreement. Circumstances of force majeure for the purposes of this Agreement mean events of an extraordinary, unavoidable, unforeseeable nature that exclude or objectively prevent the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent with reasonable measures.

10.3. The party invoking force majeure must notify the other party in writing of the occurrence of such circumstances by e-mail within five calendar days.

10.4. If, as a result of force majeure, non-fulfillment of obligations under this Agreement continues for more than five months, each of the Parties has the right to unilaterally terminate this Agreement by notifying the other party in writing.

10.5. The parties will make every effort to resolve any differences exclusively through negotiations.

11. Different

11.1. The online store reserves the right to unilaterally make changes to this Agreement with prior publication on the website “https://candle-hm.com”.

11.2. Internet — the store was created to organize a remote method of selling goods via the Internet.

11.3. The online store is not responsible for the content and authenticity of the information provided by the Buyer when placing an order.

11.4. The buyer is responsible for the accuracy of the information specified when placing the order.

11.5. Payment by the Buyer of the order made in the online store means the Buyer’s full agreement with the terms of the Purchase Agreement (public offer of the Online store) and is the date of conclusion of the Purchase Agreement between the Seller and the Buyer.

11.6. Using the online store resource to view the product, as well as place an order, is free of charge for the Buyer.

11.7. Information provided by the Buyer is confidential. The online store uses information about the Buyer exclusively for the purpose of functioning of the online store (notifying the Buyer about order fulfillment, sending advertising messages, etc.).

11.8. By accepting the Agreement or registering on the website “https://candle-hm.com” (by filling out the registration form), the Buyer voluntarily consents to the collection and processing of his personal data in the registered database of the Seller “Counterparties”. ” with the following purpose: data that became known to be used by the seller for commercial purposes, including for processing orders for the purchase of goods, obtaining information about the order, transmission by means of telecommunications (e-mail, mobile communication) advertising . and special offers, information about promotions, sweepstakes or any other information about store activities. For the purposes provided for in this clause, the Seller has the right to send letters, messages and materials to the Buyer’s postal address, e-mail, as well as send sms messages, make calls to the number specified in the application form.

11.9. The Buyer grants the Seller the right to process his personal data, including: to place personal data in the Buyer’s databases (without additional notice to the Participant), to carry out lifelong data storage, their accumulation, updating, change (if necessary). . The buyer undertakes to protect data from unauthorized access by third parties, not to distribute and not to transfer data of any third parties (with the exception of transferring data to related parties, business partners, persons authorized by the Seller to directly process data for the specified purposes, and also at the mandatory request of the competent state body).

11.10. In case of unwillingness to receive the newsletter, the Buyer has the right to contact the Seller by writing a statement of refusal to receive advertising materials, sending it to the postal or e-mail address.

12. Term of validity of this contract

12.1. This contract enters into force from the day of placing an order or registration in the online store “https://candle-hm.com” and is valid until the moment of fulfillment of all terms of the contract) placing and transfer of ownership of the order. Buyer under the terms of this contract.