Public offer to conclude an agreement for the sale of goods remotely

Date of last update 22.04.2024
1. Terms and definitions

In this offer, unless the context indicates otherwise, the following terms have the following meanings and are an integral part of it:

“Seller” is a legal entity created in accordance with the legislation of the Russian Federation and carrying out business activities for the production of Goods and their sale, «ООО "БАЛКАН НЕВСКИЙ"» (1227800144186, location: 191186, г. Санкт-Петербург, вн.тер.г. Муниципальный округ Дворцовый округ, пр-кт Невский, д. 46 литера А, помещ. 1-Н, email address: [email protected], telephone: 89319665877).

“Buyer”, “User” - any legally capable individual who has accepted the terms of this offer and entered into an agreement with the Seller on the conditions below by accepting this offer of the Seller and provided the Seller with his personal data, which can be used by the Seller to complete the Buyer’s Order.

“Site” – the official web page of the Seller on the website https://deliverybalkan.ru/

“Online store” is the official online store of the Seller for the sale of Goods posted on the Site, as well as the provision of services related to the sale of Goods (delivery of Goods, etc.).

“Application” is a mobile application developed for the convenience of the Buyer for the purpose of selling Products posted on the Site or in the online store.

“Products” – a list of products presented on the Site.

“Order” is a request issued by the Buyer for the purchase and delivery of Goods selected by the Buyer and provided to the Seller via the Internet (electronic form posted on the Site or in the Application) or issued by the Buyer by telephone.

“Courier service” – persons providing services for the delivery of Goods ordered by the Buyer in the interests of the Seller.

For the purposes of this offer, terms and definitions in the singular also refer to terms and definitions in the plural and vice versa.
2. General provisions

2.1. In accordance with Article 437 of the Civil Code of the Russian Federation (hereinafter referred to as the “Civil Code of the Russian Federation”), this document is a public offer addressed to any capable individuals, and if the conditions set out below are accepted, any capable individual undertakes to pay for the Goods at conditions set out in this offer. In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, the moment of final confirmation of the Order by the Buyer is an acceptance of the Seller’s offer, which is equivalent to the conclusion of a Retail Sales Agreement (hereinafter referred to as the “Agreement”) of the Goods on the terms established in this offer and in Application / Website.

2.2. The Seller and the Buyer guarantee that they have the necessary legal capacity and legal capacity, as well as all rights and powers necessary and sufficient to conclude and execute the Agreement for the retail purchase and sale of Goods.

2.3. By ordering Products through the Application, online store or by phone, and paying their cost, the Buyer unconditionally accepts the terms of this offer. The Order of the Goods completed and paid for by the Buyer is confirmation of the conclusion of the Agreement between the Seller and the Buyer on the terms set out in this offer.

2.4. The provisions of the Civil Code of the Russian Federation apply to the relationship between the Buyer and the Seller (including the provision on retail purchase and sale (Chapter 30, § 2), the Law of the Russian Federation “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1 and other regulations -legal acts of the current legislation of the Russian Federation (hereinafter referred to as “RF”).

2.5. The appearance of the Products may differ slightly from those presented on the Site, in the Application and the Seller’s advertising brochures.

2.6. The Seller reserves the right to make changes to this offer without prior notice, in connection with which the Buyer undertakes to independently monitor the presence of changes in this offer, the current version of which is posted on the Site. If the Seller changes the terms of the offer, the changes come into force from the moment the changed terms of the offer are published on the Site, unless a different period is expressly specified by the Seller.
3. Subject of the Agreement
3.1. The Seller provides the Buyers with the following services:

a) assists in placing an Order by phone or through the Seller’s Application/Site;

b) delivers the Goods to the Buyer’s address at the expense of its own Courier Service (if necessary).

3.2. The Seller sells the Products at the prices presented on the Seller’s Website on the day the Order is placed, and the Buyer makes payment and accepts the Products in accordance with the terms of this offer.

3.3. Ownership of the Goods passes to the Buyer at the time of acceptance of the Goods by the Buyer, subject to payment by the latter of the full cost of the accepted Goods. The risk of accidental loss or damage to the Goods passes to the Buyer from the moment the Goods are accepted by the Buyer.

3.4. The Seller's Courier Service services are provided both free of charge and on a paid basis for the Buyer. The Seller informs the Buyer about the cost of delivery for each Order and other essential conditions for the delivery of Goods directly when placing the Order. Services for placing an Order and transferring them to the Courier Service or the Buyer (in case of self-pickup) are provided free of charge to the Buyer.

4. Rights and obligations of the parties

4.1. The seller undertakes:

4.1.1. 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 is not responsible for the impossibility of fulfilling its obligations in the event of force majeure circumstances (“force majeure”);

4.1.2. Process and store the Buyer’s personal data provided to the Seller in accordance with the requirements of the legislation of the Russian Federation on the basis of the Seller’s Policy regarding the processing of personal data posted on the Site and/or in the Application, ensure their confidentiality and not provide access to this information to third parties, with the exception of cases provided for by the current legislation of the Russian Federation.

4.2. The seller has the right to change the terms of this offer; prices for the Products indicated in the Application / Online store / Seller’s advertising brochures; terms of delivery and payment for delivery of Goods; methods, timing and territory of delivery of Goods; as well as other conditions specified in this offer, in the Application / on the Site and the Seller’s advertising brochures.

4.3. The buyer undertakes:

4.3.1. Before placing and paying for the Order on the Site, familiarize yourself with the contents and conditions established in this offer, as well as with other conditions specified on the Site, including the prices for Products established in the Application / Online Store and the minimum cost of the Order, which it is necessary to ensure that it is delivered to the Buyer;

4.3.2. Provide reliable personal data necessary to identify the Buyer and sufficient to complete a transaction with the Seller and deliver the Products ordered to the Buyer;

If the Buyer provides incorrect information or the Seller has reasonable grounds to believe that the information provided by him is untrue, incomplete or inaccurate, the Seller has the right to suspend or cancel the Buyer's registration and/or refuse to conclude the Agreement.

4.3.3. Pay for the ordered Goods under the terms of this offer at the agreed place and/or agreed time when placing the Order;

4.3.3.1. If the place and/or time that was agreed upon when placing the Order changes, the Buyer agrees to bear additional transportation costs for the delivery of the Goods;

4.3.4. Do not use the Goods purchased under the Agreement under the terms of this offer for business purposes;

4.3.5. Comply with the conditions established in this offer, as well as other conditions specified on the Site / Application.

4.4. The buyer has the right:

4.4.1. Use the Online Store after registering on the Site/App and creating a unique User account. Account login information is exclusive and non-transferable.

If the Buyer transfers account login information to third parties, the Buyer is fully responsible for the actions committed by such third parties, as well as for losses caused by such third parties to the Seller.

5. Limits of warranties on the part of the Seller in relation to the Site and/or Application

5.1. The Seller provides the Buyer with the service of accessing the contents of the Site and/or Application as they are, and without any guarantees (“as is”).

5.2. The Seller does not guarantee permanent or unconditional access to the provided access services to the content of the Site and/or Application. The functioning of telephone communications / Application / Online store of the Site may be disrupted by force majeure and other factors, the prevention or overcoming of which is beyond the capabilities of the Seller.
6. Registration of Users on the Site / Application, password and security

6.1. To obtain the right to order Goods in the online store on the Site / Application and their additional services, the Buyer must go through the registration procedure, as a result of which a unique account will be created for the User.

6.2. User registration is carried out as follows:

a) The user enters the subscriber phone number in federal format (+79ХХХХХХХХ) into the registration form; the subscriber phone number specified by the User during registration will be used as the User’s name (login) when using the Application / Online Store;

b) The user enters a password, which will be sent to the mobile phone number specified by him in the form of an SMS message.

6.3. By performing actions to register a User account in the Application / Online Store and placing an order for the Product, the User accepts the terms of this offer in full and without any exceptions.

6.4. Registration of the Buyer allows you to avoid unauthorized actions of third parties on behalf of the Buyer and gives the latter access to additional services. Transfer of the login and password by the Buyer to third parties is not permitted. The user independently ensures the confidentiality of data from logging into his account. The User is solely responsible for all actions (as well as their consequences) within or using the functionality of the Site or Application and the Seller’s services under the User’s account. All actions within or using the functionality of the Site or Application and/or services of the Seller under the User’s account are considered to be carried out by the User himself.

6.5. The Order of the Product is carried out by the Buyer both through the Application, on the Website, and by phone.

6.6. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.

7. Order processing and deadlines

7.1. The Buyer's order can be placed by phone and/or by filling out an electronic Order form in the Application / Website.

7.1.1. By placing an Order, the Buyer thereby confirms that he is familiar with the terms of this offer, agrees with its terms and undertakes to provide the Seller with all the information necessary for the proper execution and execution of the Order. If desired, the Buyer has the right (but is not obligated) to give his consent to receive advertising and information messages from the Seller.

7.1.2. When placing an Order through the Application / Website, the Buyer fills out the electronic Order form and sends the completed Order to the Seller by confirming the Order in electronic form.

7.1.3. To accept for processing an Order that was placed by the Buyer through the Application / in the Seller’s online store, confirmation from the Seller to the Buyer is required, given via SMS message or by phone call to the Buyer’s contact number, that the Order has been received, accepted and transferred to processing to the Seller. The order is considered accepted for processing from the moment it is confirmed.

7.1.4. If the Order, which was placed by the Buyer through the Application / in the Seller’s online store, was not confirmed by the Seller to the Buyer, then the Buyer must independently verify by phone specified in paragraph 1 of this offer that his Order was received, accepted and transferred for processing to the Supplier.

7.2.1. The Buyer can order only those Products that are in stock at the Supplier’s warehouse at the time of placing the Order.

7.2.2. If the Seller’s warehouse does not have the required quantity or assortment of Goods ordered by the Buyer, the Seller informs the Buyer about this by phone within 15 minutes after receiving the Order from the Buyer. The Buyer has the right to agree to accept Goods in a different quantity or assortment, or to cancel his Order. If the Buyer does not respond, the Seller has the right to cancel the Buyer’s Order in full.

7.3. The Buyer does not have the right to change the composition of the Order after confirmation by the Seller.

7.4. If the Buyer has additional questions regarding the characteristics of the Goods, before placing an Order, the Buyer must contact the Seller by phone specified in paragraph 1 of this offer to obtain the necessary information.

7.5. The Supplier receives information about the Buyer’s Order within 5 minutes from the moment the Order is accepted by the Seller. The Supplier begins to fulfill the Order in the order of priority of all Orders that it has for execution.

7.6. When placing an Order from the Buyer, the Seller informs the latter about the planned time of delivery of the Order by Courier Service to the Buyer’s address. If, when placing an Order, the Buyer did not cancel the Order and this Order was placed by the Seller, accordingly the Buyer agrees with the time indicated for delivery of the Order by the Courier Service and the Order will be transferred to the Supplier for execution.
8. Delivery of Goods

8.1. The Seller will make every effort to comply with the delivery deadlines for the Goods indicated to the Buyer by the Seller when placing the Order. However, delays in the delivery of Products may occur due to unforeseen circumstances.

8.2. If the Goods were not transferred to the Buyer due to the latter’s fault, the Buyer’s refusal to accept and/or pay for the Goods, or a false call, the Seller has the right to block the Buyer’s login (subscriber phone number) and in the future not accept Orders from this Buyer either by phone or through the Site or through the Application.

8.3. Delivery of the Goods is carried out by the Courier Service to the actual address specified by the Buyer when placing an Order in the online store and/or by calling the Seller.

8.3.1. The approximate delivery time of Orders, which the Seller is guided by, is displayed on the Site / Application after specifying the delivery address by the Buyer. This time may be extended due to weather conditions, traffic conditions, and production workload.

8.4. Delivery is carried out provided that the Buyer places an Order for the amount of the minimum order. The minimum order amount is determined by the Seller unilaterally and is indicated on the Site.

8.4.1. The Buyer must first agree with the Seller about the possibility of delivering Goods outside the delivery zone. The Seller has the right to refuse delivery of the Order if it is not within the delivery zone.

8.5. The Seller is not responsible for compliance/non-compliance by Courier Services with their obligations to Buyers, as well as for the accuracy of the information provided by such services. The Seller, for its part, contributes to the resolution of various situations that arise between the Buyer and the Courier Service, but does not guarantee a positive and final solution for one or the other Party.

9. Payment for Goods

9.1. Prices for Goods are determined by the Seller unilaterally and are indicated on the Site in Russian rubles. The price of the Product can be changed by the Seller unilaterally. In this case, the price of the Product already ordered by the Buyer is not subject to change.

9.2. Payment for the Goods by the Buyer is made in Russian rubles. There are two options for non-cash payment for the Buyer: non-cash payment by bank card through the mobile terminal of a Courier Service employee; non-cash payment by bank card through the bank's payment gateway.

9.2.1. Non-cash payment by bank card through the mobile terminal of the Courier Service employee is carried out upon receipt of the Goods by the Buyer, confirmation of which is the payment receipt and/or sales receipt provided by the Courier Service employee, bank checks for payment through the terminal. With this payment method, the Courier Service employee is obliged to provide the Buyer with 2 bank checks for signature, one of which the Courier Service employee takes with him for reporting to the Seller.

9.2.2. Non-cash payment by bank card through the Site (online) through the bank's payment gateway is carried out by the Buyer when placing an Order through the Application / in the online store. After successful completion of the payment, an electronic receipt is sent to the payer’s email confirming the payment and containing its unique identifier. In this case, the third party engaged by the Seller - “ООО "БАЛКАН НЕВСКИЙ"” - in terms of accepting funds for the Goods, acts on behalf of the Seller with the involvement of an authorized operator for accepting payments or an electronic money operator and is the recipient of the payment as an agent of the Seller. The seller and the third party he engages - “ООО "БАЛКАН НЕВСКИЙ"” - do not guarantee the absence of errors and failures in the operation of the online store regarding the provision of non-cash payment options. The selection of the appropriate form of payment is made by the user in the interface of the Site or Application.

“ООО "БАЛКАН НЕВСКИЙ"” is not a paying agent when making payments in accordance with this Offer in accordance with paragraphs. 1.4 tsp. 2 tbsp. 1 of the Federal Law of June 3, 2009 No. 103-FZ “On the activities of accepting payments from individuals carried out by payment agents.”

9.2.3. If non-cash payment by bank card through the Site (online) was not confirmed by the Seller to the Buyer due to its non-receipt based on the processing center data, then the Seller must offer the Buyer other methods of payment for the Order. If it is impossible for the Buyer to pay for the Order in any other way, then this Order is canceled by the Seller.
9.2.4. Bank cards of the following payment systems are accepted for non-cash payment by bank cards, both through the mobile terminal of the Courier Service employee and through the Website (online) through the bank’s payment gateway: MIR, Visa, MasterCard. If your card is subscribed to 3D-Secure, the payment will be authorized using a one-time password.

9.2.5. Confidential payment data is entered and processed by the bank. Payment data is transmitted to the bank in encrypted form via secure channels. No one, not even the Seller, can receive the bank card details entered by the Buyer, which guarantees the complete security of his funds and personal data.

10. Return and exchange of Goods, refund

10.1. The Seller is obliged to transfer to the Buyer Goods that fully comply with his Order, the quality of which corresponds to the information provided to the Buyer at the conclusion of the Agreement, as well as the information brought to his attention when transferring the Goods (on a label or insert attached to the Goods or their packaging, or by other means provided for certain types of Goods).

10.2. Upon receipt of the Goods, the Buyer checks the compliance of the received Goods with the Order, completeness and absence of complaints about the appearance of the delivered Goods. In case of delivery of products of inadequate quality, you must contact the e-mail specified in paragraph 1 of this offer to choose a method to resolve the problem. If it is necessary to make a refund, the money is returned to the same card from which the payment was made.

10.2.1. The Seller exchanges the Product for a similar Product of proper quality, or, as agreed with the Buyer, for another Product chosen by the Buyer. In this case, the cost of the previously paid Goods is taken into account for the newly selected one, and further monetary settlements between the Buyer and the Seller are made in accordance with the Agreement and the current legislation of the Russian Federation.

10.3. In cases of double or erroneous debiting of funds from the Buyer’s account when making a non-cash payment, in the case of non-cash payment for the Order and the Seller’s impossibility of delivering the Goods to the Buyer for technical reasons, as well as in the case of non-cash payment by the Buyer for an order whose delivery address is not included in the delivery area Seller, the return of such funds is made on the basis of the buyer’s application for a refund. No later than ten days from the date the consumer submits the relevant application, the Seller will return to the Buyer’s card the amount of money paid by the consumer for such an Order.

10.4. If the Buyer refuses the Goods (Order) or replaces the Goods in the Order, when making a non-cash payment for the order, the Seller returns the money to the same card with which the payment was made.

10.5. Refunds of non-cash payments by the Seller to the Buyer are made to the Buyer's bank card within 10 (ten) banking days, starting from the next banking day from the date of the Buyer's request for a refund.

10.6. The Seller has the right to refuse to exchange or return the Goods to the Buyer at its discretion if it has evidence of unlawful actions on the part of the Buyer. The Seller also has the right to hold the Buyer liable in court.

10.7. In case of failure to comply with the conditions of clause 10.2 of this offer, the Buyer’s claims regarding the appearance of the Goods and their completeness will not be accepted.

11. Force majeure

11.1. Any of the Parties is released from liability for complete or partial failure to fulfill its obligations under this offer if this failure was caused by force majeure circumstances. Force majeure means extraordinary events and circumstances that the Parties could neither foresee nor prevent by reasonable means. Such emergency events or circumstances include, but are not limited to: strikes, floods, fires, earthquakes and other natural disasters, wars, hostilities, etc.

12. Privacy and data storage

12.1. The Buyer acknowledges and agrees that the Application, Website, Online Store, Seller’s services and all necessary programs associated with them contain confidential information that is protected by intellectual property laws and other Russian and international laws. The buyer agrees not to modify, sell, distribute this content and programs in whole or in part.
13. Responsibility of the parties

13.1. For failure to fulfill or improper fulfillment of the terms of the Agreement concluded by the Buyer through acceptance of this offer of the Seller, the Parties are liable in accordance with the legislation of the Russian Federation.

13.2. All text information and graphic images posted in the Application, online store and on the Site have the legal copyright holder. Illegal use of this information and images is prosecuted in accordance with the current legislation of the Russian Federation. If you post information and/or images taken from the Site, posting a link to the resource is mandatory.

13.3. The Seller is not responsible for damage caused to the Buyer due to improper use of the Goods.

13.4. The Seller is not responsible for the Buyer’s losses resulting from incorrectly filling out the Order, including incorrectly specifying data, as well as incorrectly filling out the payment form on the bank’s payment gateway when making a non-cash payment with a bank card.

13.5. The buyer is responsible for the accuracy of the information and data specified by him during registration.

13.6. The user guarantees that he will not use the online store and the Site for purposes other than those specified in this offer.

13.7. If the User violates the obligations under the terms of this offer, the Seller has the right to block the Buyer’s access to the use of the Application, the online store, by blocking the Buyer’s login (subscriber phone number).

13.8. The Seller is not responsible for the actions of the Suppliers of Goods and the latter’s compliance with the legislation of the Russian Federation, including sanitary and hygienic norms and rules, and also does not take part in possible disagreements and disputes, including litigation, between the Supplier and the Buyer. The Seller is not responsible for the Suppliers’ compliance/non-compliance with their obligations to the Buyers, as well as for the accuracy of the information provided by the Suppliers for posting it in the Application, on the Website and the Seller’s online store. The Seller, for its part, contributes to the resolution of various situations that arise between the Buyer and the Supplier, but does not guarantee a positive and final solution for one or the other Party.

14. Other conditions

14.1. This offer comes into force from the moment the Buyer takes actions aimed at concluding a purchase and sale agreement through the Application, Website or Online Store.

14.2. The Parties will try to resolve all disputes related to non-fulfillment or improper fulfillment of their obligations under this Agreement through negotiations.

14.3. In case of failure to reach agreement during negotiations, disputes will be resolved in court in accordance with the current legislation of the Russian Federation.

14.4. Notifications, in case of changes to this Public Offer, are posted on the Site in the form of an information message.