Public Offer Agreement


General

1.1. In accordance with article 437 of the Civil Code of the Russian Federation (GK RF), this document is a public offer, and in case of accepting the conditions set out below, the individual making the offer of this offer shall pay for the Seller’s Goods in accordance with the terms of this Agreement. In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, payment for the Goods by the Buyer is an acceptance of the offer, which is considered equivalent to the conclusion of the Agreement on the conditions set out in the offer.

1.2. The provisions of the Civil Code of the Russian Federation on retail purchase and sale, the Law "On Protection of Consumer Rights" of 07.02.1992, No. 2300 -1, "Rules for the sale of goods by remote method", approved by the Government of the Russian Federation on September 27, 2007 No. 612, and other legal acts adopted in accordance with them.

1.3. Seller reserves the right to make changes to this Agreement unilaterally.

1.4. The Client agrees to the terms of this Agreement, becoming a member of the group.

Subject of the Agreement

2.1. The Seller undertakes to transfer the Goods to the Customer in accordance with the effective price of the Goods published in the Seller’s online store, and the Customer undertakes to accept and pay for the Goods in accordance with the terms of this Agreement.

2.2. This contract governs the retail sale of goods in the XFishFinder online store, including:

Registration and deadlines for the Order

3.1. The Order of the Client can be made in the following ways:

3.2. When placing the Order, the Customer must provide the following information:

3.3 After placing the Order, the Client is provided with information about the expected shipment date. The specified date depends on the availability of the ordered goods in the warehouse of the Seller and the time required for processing the Order.

3.4. The deadlines for receiving the Order by the Client depend on the address and region of delivery, the work of the specific Delivery Service, and are not directly dependent on the Seller.

3.5. All informational materials presented in the group are for reference only and cannot fully convey reliable information about the properties and characteristics of the Goods, including colors, sizes and shapes. If the Customer has questions regarding the properties and characteristics of the Goods, the Customer should contact the Seller before placing the Order.

3.6. In the absence of the ordered Goods from the Seller, including for reasons beyond the Seller’s control, the Seller has the right to cancel the specified Goods from the Customer’s Order and notify the Customer by sending an electronic message to the address provided during registration or by phone, or in another possible way.

3.7. If a fully or partially prepaid Order is canceled, the value of the canceled Product is returned by the Seller to the Customer in the way the Goods were originally prepaid.

3.8. The price quoted for a product that is temporarily out of stock is not final. When the Goods are on sale, the price may change.

Delivery of Goods

4.1. The delivery territory is not limited to the Russian Federation, the order can be sent outside of the Russian Federation, but with full prepayment.

4.2. The Seller will make every effort to respect the delivery times of the Products indicated on the Site, however, delays in delivery are possible due to unforeseen circumstances that have not occurred due to the Seller’s fault.

4.3. The risk of accidental loss or accidental damage to the Goods passes to the Client from the moment the Order is transferred directly to the Client or to the person indicated by him, or the Goods are delivered to the carrier chosen by the Client. The Seller is not responsible for the activities of the Delivery Service in the event of damage, loss or theft of the Goods during transportation, except for the case when the delivery of the Goods was paid by the Customer to the Seller’s current account.

4.4. Delivery of goods is carried out by Russian Post.

4.5. The shipping cost of each Order is indicated on the Seller's Website and is calculated individually, based on its weight and volume, taking into account the original packaging (and additional packaging if necessary), region and delivery method. When ordering 2 or more goods, the cost of delivery is determined by the goods with the largest dimensions (for delivery in Moscow) or a set of dimensions of the Goods (for delivery by region and the Moscow region).

4.6. Upon delivery, the Order is handed over to the Customer or another person specified as the Order Recipient. If it is impossible to receive the Order issued for cash by the persons indicated above, the Order is handed over to the person who is ready to provide information about the Order (the number of the consignment and / or the Full Name of the Recipient), and also pay the cost of the Order in full to the person delivering the Order.

4.7. To avoid cases of fraud, as well as to fulfill the obligations assumed in clause 4.6 of this Agreement, upon delivery of a prepaid Order, the person delivering the Order has the right to request a document certifying the Recipient’s identity, as well as specify the type and number of the document provided by the Receiver. Receipts for the Order. The Seller guarantees the confidentiality and protection of the personal information of the Recipient (section 10 of this Agreement).

4.8. When transferring the Order, the Customer must check the appearance and packaging of the Order, the quantity of Goods in the Order, the completeness and range of products and sign the document confirming receipt of the Order. The Seller’s employee who issues the goods is not a technical specialist, does not provide qualified advice on the principles of operation and operation of the product. After signing the Client’s signature in the document confirming the receipt of the Order, the Seller has the right to refuse the Client’s satisfaction of the Client’s claims regarding the appearance and packaging of the Order, the quantity of the Goods in the Order, completeness and assortment.

4.9. Failure to receive the Order within the prescribed period shall be deemed the Client’s refusal to execute the contract of sale and is the basis for cancellation of the Order by the Seller. In this case, if the non-received Order was prepaid, the funds are returned to the Client in the manner provided for by clause 4.7 of this Agreement.

Payment of Goods

5.1. The price of the Goods is indicated in the group. In case of an incorrect price indication of the Goods ordered by the Customer, the Seller shall inform the Customer about this at the earliest opportunity in order to confirm the Order at the fixed price or cancel the Order. If it is impossible to contact the Client, this Order is considered canceled. If the Order has been paid, the Seller returns the amount paid for the Order to the Customer.

5.2. Seller has the right to change the price of the Goods on the Site unilaterally. At the same time, the price of the Goods ordered by the Customer is not subject to change.

5.3. the Client undertakes to pay for the Goods in full, partial payment of the Goods is not provided

5.4. Payment methods for the goods:

5.5. If the Customer chooses payment by bank transfer, the Customer has the right to pay for the Goods through Sberbank or any other bank providing this service. When transferring the Goods, the Client must present a passport and payment receipt.

5.6. Payment by the Customer of the Products by bank cards is made by forwarding to the website of the electronic payment system. To transfer confidential information from the Client to the server, SSL 3.0 protocol is used, which ensures maximum protection of the transmitted information. Further transfer of information is carried out through closed banking networks of the highest degree of protection. Thus, the personal and bank data of the Client is not available to employees of the online store.

5.7. Features of payment for the Goods with credit cards:

5.7.1. In accordance with the provision of the Central Bank of the Russian Federation "On Issuing Bank Cards and Transactions Made Using Payment Cards" dated December 24, 2004 No. 266-P, bank card transactions are performed by the cardholder or an authorized person.

5.7.2. Authorization of operations with bank cards is carried out by the bank. If the Bank has reason to believe that the transaction is fraudulent in nature, the bank is entitled to refuse to carry out the transaction. Fraudulent operations with bank cards are subject to Art. 159 of the Criminal Code.

5.7.3. ERRORSTRING dcb1ca920a819e7afe42b2039fb0f0bb=Во избежание случаев различного рода неправомерного использования банковских карт при оплате все Заказы, оформленные на Сайте и предоплаченные банковской картой, проверяются Продавцом. Согласно Правилам международных платежных систем, в целях проверки личности владельца и его правомочности на использование карты Клиент, оформивший такой Заказ, обязан по запросу, поступившему от сотрудника Продавца, предоставить копию двух страниц паспорта владельца банковской карты (разворота с фотографией, а также копию банковской карты с обеих сторон – номер карты нужно закрыть, кроме последних четырех цифр). Продавец оставляет за собой право без объяснения причины аннулировать Заказ, в том числе в случае непредставления указанных документов (по факсу или в отсканированном виде по электронной почте) в течение 14 (Четырнадцати) дней с даты оформления Заказа или наличия сомнений в их подлинности. Стоимость Заказа возвращается на карту владельца (Клиента).

5.8. When choosing payment systems as the payment method (Yandex.Money, WebMoney, Vkontakte money, QIWI), the client needs to familiarize himself with the order specified in the group in the relevant topic about payment.

5.9. When prepaying the Goods, the Order is accepted for processing only after the Customer’s funds are credited to the Seller’s current account. In this case, the Goods under the Order are placed in reserve, but the Seller cannot guarantee the availability of the Goods at the Seller’s warehouse specified at the time of placing the Order, as a result, the processing time of the Order may increase.

Returns

6.1. Return of Good Quality Product:

6.1.1.The Client has the right to refuse the Goods at any time prior to its transfer, and after the transfer of the Goods - within (five) days, not counting the day of purchase. Return of Good quality goods is possible if its presentation, consumer properties are preserved (the Product was not in use, its consumer properties, presentation, packaging, including packaging, complete set, seals, labels), and a document confirming the fact and conditions of purchase of the specified goods. The fact that the Client does not have a document confirming the fact and conditions of purchase of the goods does not preclude him from invoking other proofs of the purchase of goods from this seller. The return period for Products of good quality may be extended by the Seller.

6.1.2. The goods of good quality that have a damaged disposable packaging cannot be returned.

6.1.3. The Client does not have the right to refuse a Good Quality Product that has individually determined properties, if the specified goods can be used only by the Client who purchases it.

6.1.4. The client has the right to return the goods directly to the seller’s service center, without reimbursing the seller for the delivery of the goods.

6.1.5. Upon prior approval of the date and time, the Client has the right to return the Goods through the Seller’s delivery service, and the Client is obliged to reimburse the Seller for shipping costs.

6.1.6. If the Client rejects the Goods, the Client undertakes to reimburse the Seller for all the costs of shipping the returned Goods. The reimbursement of the Seller’s expenses for delivery is as follows:

6.2. Return Products of inadequate quality:

6.2.1. The customer can return the Goods of inadequate quality to the manufacturer, importer or Seller during the warranty period, the shelf life or, if such a period is not set, within a reasonable period not exceeding 14 days. The client of his choice has the right to:

6.2.2. The client, in case of detection of deficiencies in relation to the technically complex Goods, has the right to refuse to perform this Agreement and to demand the refund of the amount paid for such Goods or to demand to replace it with the Goods of the same brand (model, article) or the same product of another brand ( model, article) with a corresponding recalculation of the purchase price within 14 (fourteen) days from the date of transfer of such goods to the Customer.

6.2.3 In accordance with Art. 6.1.1 and 6.2.1 of this Agreement return is possible except for cases of differences in the design of the product, such as tonal colors

6.2.4. The list of technically complex Products is approved by the Government of the Russian Federation.

6.2.5. When the Customer contacts the Seller directly, the Customer must fill in the appropriate form on the page in the group with a description of the problem and the information on the documents confirming the fact and date of purchase. The seller is obliged to respond to the claim of the Client within 5 (five) days from the date of receipt of the claim.

6.2.6. Seller has the right to conduct a quality check of the Goods. The deadlines for quality control are established on the basis of the deadlines established by the Law "On Protection of Consumer Rights" dated 02/07/1992 No. 2300 -1 to meet the requirements of the Client in the claim. In the event of a dispute as to the causes of the deficiencies of the Goods, the Seller shall examine the Goods at his own expense.

6.2.7. According to the results of a quality check or examination, if it is proved that the Seller is responsible for this deficiency, the Customer’s requirement is subject to satisfaction.

6.2.8. If, according to the results of the examination or examination, it is determined that the defect was not found, the Seller is not responsible for it, the Customer is obliged to compensate the seller for the costs of examination and transportation costs.

6.3. Refund:

6.3.1. In the event of the Client’s refusal from this Agreement and a request to return the sum of money paid for the Goods in accordance with clause 6.2.1. of this Agreement, the cost of the Goods shall be refunded to the Client within 14 (fourteen) days from the moment the Seller receives the written application of the Client.

6.4. If it is impossible to replace the Goods, the Seller notifies the Client by sending a message to the email address provided by the Client. Cash paid by the Client for the actually undelivered Goods shall be refunded within 14 days from the date of receipt of the Client’s written application for the return of cash. The refund of the amount paid for the Goods shall be carried out in the manner in which the payment was made.