Public offer (offer) of an online store for the sale of goods
1. TERMS AND DEFINITIONS
1. In this offer, unless the context requires otherwise, the following terms have the following meanings and are an integral part of it:
Seller – ROYAL CAKE LLC (Legal address: 2145500, Smolensk region, Safonovo, Kutuzova st., 6, OGRN 1026700945370; tel .: 8 (800) 350 64 49 email: email@example.com).
- Buyer – any individual who has accepted a public offer on the terms of this offer.
- Online store – the official online store of the Seller ROYAL CAKE LLC, located at the Internet address https://proteinrex.com. Within the framework of this agreement, the concepts of the Internet store and the Store, as well as the Internet addresses https://proteinrex.com and derivatives from royalcake.ru are equivalent and are interpreted authentically, in the context of the offer.
- Product – an object of agreement between the parties, a list of assortment names presented in the official online store.
- A promotional discount is a discount that is provided for a specific Product. The amount of the discount is indicated on the Product page. The price of the Product is indicated taking into account the promotional discount.
A discount by a promotional code is a discount that is provided for a certain group of Products when a special code is entered when placing an Order in the Buyer’s “Basket”.
- A promo code is a special code that provides a discount for a specific group of Products and has a validity period. To receive a discount for a promo code, the promo code must be entered into a special field in the Buyer’s “Basket” when placing an Order.
2. GENERAL PROVISIONS
1. This public Offer (hereinafter referred to as the Agreement) is an official offer of ROYAL CAKE LLC to any individual who has the legal capacity and the necessary authority to conclude a purchase and sale agreement for the Goods with ROYAL CAKE LLC on the conditions specified in this offer and contains all the essential terms of the contract.
2. Relations in the field of consumer protection are governed by the Civil Code of the Russian Federation, the Law “On Protection of Consumer Rights” and other federal laws and legal acts of the Russian Federation adopted in accordance with it.
3. REGISTRATION ON THE SITE
1. When placing an order in the online store, the Buyer has the right to register and gain access to his personal account.
2. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
3. The buyer who has registered in the online store receives individual identification by providing a username and password. Individual identification of the Buyer avoids unauthorized actions of third parties on behalf of the Buyer. The transfer by the Buyer of the login and password to third parties is prohibited.
4. The Buyer is solely responsible for all possible negative consequences in case of transferring the login and password to third parties.
4. SUBJECT OF THE CONTRACT AND PRICE OF GOODS
1. The Seller transfers, and the Buyer accepts and pays for the goods on the terms of this Agreement.
2. Ownership of the Ordered Goods passes to the Buyer from the moment of the actual transfer of the Goods to the Buyer and payment by the latter of the full cost of the Goods. The risk of his accidental loss or damage to the Goods passes to the Buyer from the moment of the actual transfer of the Goods to the Buyer.
3. Prices for the Goods are determined by the Seller unilaterally and indisputably and are indicated on the pages of the online store located at the Internet address: https://proteinrex.com.
4. The price of the goods is indicated in rubles of the Russian Federation and includes value added tax.
5. MOMENT OF CONCLUSION OF THE CONTRACT
1. The text of this Agreement is a public offer (in accordance with article 435 and part 2 of article 437 of the Civil Code of the Russian Federation).
2. Acceptance of this offer (agreement) – the Buyer’s placing an order for the Goods in accordance with the terms of this offer.
3. By accepting this offer, the Buyer agrees that:
- registration data (including personal data) provided by him voluntarily;
- registration data (including personal data) is transmitted in electronic form through open communication channels of the Internet;
- registration data (including personal data) can be used by the Seller in order to promote goods and services by making direct contacts with the Buyer using communication channels;
- for the purpose of additional protection against fraudulent actions, the registration data specified by the Buyer (including personal data) may be transferred to the bank carrying out transactions for payment of orders placed on https://proteinrex.com;
- the consent given by the Buyer to the processing of his registration data (including personal data) is indefinite and can be revoked by the Buyer or his legal representative by submitting a written application sent to the Seller at the pick-up point;
4. The agreement concluded on the basis of the Buyer’s acceptance of this offer is an adhesion agreement to which the Buyer accedes without any exceptions and / or reservations.
5. The fact of placing an order by the Buyer is an unconditional fact of acceptance by the Buyer of the terms of this Agreement. The buyer who purchased the goods in the Seller’s online store (having placed the order for the goods) is considered as a person who entered into a relationship with the seller under the terms of this Agreement.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
The seller undertakes:
1.From the moment of the conclusion of this Agreement, to fully ensure all obligations to the Buyer in accordance with the terms of this agreement and current legislation. The Seller reserves the right to default on obligations under the Agreement in the event of force majeure circumstances.
2. Process the Buyer’s personal data in the manner prescribed by applicable law.
The seller has the right:
3. Change this Agreement, the Prices for Goods and Tariffs for related services, methods and terms of payment and delivery of goods unilaterally, by placing them on the pages of the online store located at the Internet address: https://proteinrex.com. All changes take effect immediately after publication, and are considered brought to the attention of the Buyer from the moment of such publication.
4. Make records of telephone conversations with the Buyer. In accordance with paragraph 4 of Art. 16 of the Federal Law “On Information, Information Technologies and Information Protection”, the Seller undertakes: to prevent attempts of unauthorized access to information and / or its transfer to persons not directly related to the execution of Orders; timely detect and suppress such facts.
5. Without agreement with the Buyer, transfer your rights and obligations to perform the Agreement to third parties.
6. Before delivery of the goods ordered by the Buyer, the Seller has the right to demand from the Buyer 100% prepayment of the ordered goods. The Seller has the right to refuse to deliver the goods to the Buyer in the absence of such payment.
7. The Seller has the right to impose restrictions on the Goods simultaneously delivered to the Buyer.
8. The Seller has the right to send messages of an advertising and informational nature to the Buyer via e-mail with information about discounts, promotions, new arrivals, etc. The frequency of mailings is determined by the Seller independently, unilaterally.
9. The Seller has the right to unilaterally cancel the Buyer’s Order if the Buyer violates clause 220.127.116.11. of this Offer.
10. The seller has the right to impose restrictions on the amount of ordered goods for one day of delivery.
11. The Seller has the right to change the terms of the Promotions posted on the website of the online store https://proteinrex.com, unilaterally without the consent of the Buyer, by posting such changes on the website of the online store https://proteinrex.com.
The Buyer undertakes:
12. Prior to the conclusion of the Agreement, familiarize yourself with the content and terms of the Agreement, the prices for the Goods offered by the Seller in the online store.
13. In fulfillment by the Seller of his obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as a buyer, and sufficient for the delivery of the Goods paid by him to the Buyer.
14. Pay for the ordered Goods and their delivery under the terms of this agreement.
1. If the Buyer, when placing the Order, indicates a non-cash method of payment for the Order (by bank card or electronic payment system), then the Buyer is obliged to pay for his Order within 24 hours from the date of registration.
15. Comply with the Rules of Sale.
16. Do not use the goods ordered on the website for business purposes.
The buyer has the right:
17. The Buyer has the right to refuse to receive e-mail, for this he needs to click on the link in the letter “You can unsubscribe from the mailing list.”
6. DELIVERY OF GOODS
1. Delivery of the Goods to the Buyer is carried out within the terms agreed by the Parties upon confirmation of the order by the Seller’s employee. If the buyer does not receive the order within the agreed period, the seller has the right to cancel the order without further informing the Buyer. If the order is prepaid, the funds are returned to the Buyer within the period established by law.
2. After receiving the Order, claims to the quantity, completeness and type of the Goods are not accepted.
7. CANCELLATION OF THE OFFER
1. The withdrawal of the offer (Agreement) can be carried out by the Seller at any time, but this is not a basis for refusal of the Seller’s obligations under the agreements already concluded. The seller undertakes to place a notice of the revocation of the offer in his online store, indicating the exact time (4th time zone (Moscow)) of the revocation of the offer, at least 12 hours before the event of the revocation (suspension) of the Offer.
8. FORCE MAJEURE
1. Any of the Parties is released from liability for full or partial failure to fulfill its obligations under this Agreement if this failure was caused by force majeure circumstances that arose after the signing of this Agreement. “Force Majeure Circumstances” means extraordinary events or circumstances that such Party could not foresee or prevent by means available to it. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, hostilities, actions of Russian or foreign government bodies, as well as any other circumstances beyond the reasonable control of either Party … Changes to applicable laws or regulations,
9. RESPONSIBILITY OF THE PARTIES
1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.
2. All text information and graphic images posted in the online store have a legal copyright holder, illegal use of this information and images is prosecuted in accordance with the current legislation of the Russian Federation.
10. OTHER CONDITIONS
1. All disputes related to non-fulfillment or improper fulfillment of their obligations under this agreement, the parties will try to resolve during negotiations.
2. If no agreement is reached during negotiations, disputes will be resolved in court in accordance with the current legislation of the Russian Federation.
11. CONFIDENTIALITY OF INFORMATION
1. Provision of information by the Buyer:
1.1. When registering on the website https://proteinrex.com (hereinafter referred to as the “Site”), the Buyer provides the following information: Surname, Name, e-mail address.
When placing an Order, the Buyer can provide the following information: surname, name, patronymic of the recipient of the Order, address for delivery of the Order, contact phone number.
1.2. By providing his personal data, the Buyer agrees to their processing (up to the Buyer’s revocation of his consent to the processing of his personal data) by ROYAL CAKE LLC, in order to fulfill the Seller and / or his partners’ obligations to the Buyer, sell goods and provide services, providing reference information, as well as for the purpose of promoting goods, works and services, and also agrees to receive messages of an advertising and information nature and service messages. When processing the Buyer’s personal data, the Seller is guided by the Federal Law “On Personal Data”, the Federal Law “On Advertising” and local regulatory documents.
1.2.1. If the Buyer wants to clarify his personal data, their blocking or destruction in the event that the personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing, or if the Buyer wishes to withdraw his consent to the processing of personal data or to eliminate illegal actions of Protein Rex LLC in relation to his personal data, he must send an official request to the Seller in the manner prescribed by the Policy of ROYAL KAKE LLC regarding the processing of personal data.
If the Buyer wishes to delete his account on the Site, the Buyer applies to firstname.lastname@example.org with a corresponding request. This action does not imply the withdrawal of the Buyer’s consent to the processing of his personal data, which, according to the current legislation, takes place in the manner prescribed by paragraph 1 of this paragraph.
1.3. Use of information provided by the Buyer and received by the Seller.
1.3.1. The Seller uses the data provided by the Buyer during the entire period of the Buyer’s registration on the Site in order to:
- registration / authorization of the Buyer on the Site;
- processing Buyer’s Orders and to fulfill their obligations to the Buyer;
- to carry out activities to promote goods and services;
- evaluating and analyzing the work of the Site;
- determining the winner in promotions conducted by the Buyer;
- analysis of the purchasing characteristics of the Buyer and providing personal recommendations;
- informing the Buyer about promotions, discounts and special offers via electronic and SMS mailings.
1.3.2. The Seller has the right to send advertising messages to the Buyer. If the Buyer does not want to receive advertising and informational messages from the Seller, he must notify the Seller about this by sending him an email to the email address: email@example.com.
The Buyer’s refusal to receive service messages is impossible for technical reasons. Service messages are sent to the email address specified during registration on the Site, as well as via SMS and / or push notifications and through the Customer Service to the phone number specified during registration and / or when placing an Order, about the status Order, goods in the Buyer’s basket and / or added by the Buyer to the “Favorites”.
2. Provision and transmission of information received by the Seller:
2.1. The Seller undertakes not to transfer the information received from the Buyer to third parties. It is not considered a violation for the Seller to provide information to agents and third parties acting on the basis of an agreement with the Seller in order to fulfill obligations to the Buyer and only within the framework of agreements. It is not considered a violation of this clause when the Seller transfers data about the Buyer to third parties in an impersonal form for the purpose of assessing and analyzing the work of the Site, analyzing the buying characteristics of the Buyer and providing personal recommendations.
2.2. It is not considered a violation of obligations to transfer information in accordance with the reasonable and applicable requirements of the legislation of the Russian Federation.
2.3. The seller has the right to use the “cookies” technology. “Cookies” do not contain confidential information and are not transferred to third parties.
2.4. The seller receives information about the ip-address of the website visitor https://proteinrex.com and information about the link from which website the visitor came from. This information is not used to identify the visitor.
2.5. The Seller is not responsible for the information provided by the Buyer on the Site in a public form.
2.6. When processing personal data, the seller takes the necessary and sufficient organizational and technical measures to protect personal data from unauthorized access to them, as well as from other illegal actions in relation to personal data.
3. Storage and use of information by the Buyer
3.1. The Buyer undertakes not to disclose to third parties the login and password used by him to identify himself in the Seller’s online store.
3.2. The Buyer undertakes to ensure due diligence when storing and using the login and password (including, but not limited to: use licensed antivirus programs, use complex alphanumeric combinations when creating a password, do not provide a computer or other equipment with username and password of the Buyer, etc.)
3.3. If the Seller has any suspicions about the use of the Buyer’s account by a third party or malicious software, the Seller has the right to unilaterally change the Buyer’s password.