Online store www.bernes.ru
Please read the text of this Public offer carefully. If you do not agree with its terms and conditions fully or partially – do not use the site and refuse to purchase products or use of services provided by the seller.
Terms and definitions
Acceptance– full and unconditional acceptance by the customer of the terms of the retail purchase agreement sales, set out in the Public offer for products carried out by placing an order and paying for it (in cases where payment is made using electronic means of payment).
Delivery– courier services for delivery of orders to customers provided by the seller or to third parties who have an agreement with the seller.
Order– a duly executed application (any specified in the public offer way showing all necessary information and with commission of all necessary actions) for the purchase of goods available at the seller or by reservation (demand for products that will be produced in the future).
Customer – any legally capable individual who has signed a contract with the seller in electronic form as a result of placing an order and thus entitled to receive products, for their personal, household and other needs, not related to the implementation of business activity.
Seller-individual entrepreneur Krikheli Irakli Shalvovich, ITN 772864198539, PSRNSP 312774626300804, registered by the inter-District Inspectorate.
Federal tax service No. 6 in Moscow (hereinafter-IP Krikheli I. Sh.).
Public offer (Agreement)- this document published in the information and telecommunications network “Internet”, as well as sent for the purpose of familiarization by email or provided for informational purposes in any other ways, which is an official offer from the seller, addressed to any capable individual (citizen) to conclude a contract with them retail purchase and sale agreement on the terms contained in the Public offer.
Website/online store – owned by the seller, located in the information-telecommunications network “Internet”, under the domain name www.bernes.ru , which is a set of computer programs that provide publication data about products and services offered by the Seller to its customers for registration orders, as well as the terms of payment and delivery of these orders to customers.
Products-offered for sale on the site, produced under a commercial designation BERNES, which are different in model, color, material, and size.
- General provisions
1.1. In accordance with article 437 of the civil code of the Russian Federation (CC RF) this document is a Public offer of IE Krikheli I. Sh. and contains all essential terms of the contract in accordance with article 435 and part 2 of article 437
The civil code of the Russian Federation (hereinafter – CC RF).
In case of acceptance stated below conditions the costumer places an order and payment (in the case of payment using electronic means of payment), in accordance with paragraph 3 of article 438 of the CC is the acceptance of the Public offer and is considered equivalent to the conclusion of the contract on the terms set forth in the public offer.
1.2. The person responsible for the acceptance of the Public offer, acquires all rights and obligations of the costumer.
1.3. The acceptance of the Public offer is proof that all its conditions accepted by the costumer entirely without any reservations or limitations and the acceptance of the Public offer confirms that the costumer is familiar with all conditions, that the costumer understands all the terms of the agreement, that the customer has used the right to obtain from the seller all and any explanations regarding the terms of the contract, as well as confirms that the terms of the agreement fully correspond to the will, needs, and customer requirements.
Acceptance of a Public offer means that it does not contain the terms specified in paragraph 2 of article 428 of the CC RF terms and conditions, as well as does not contain other conditions that are clearly burdensome for the customer, which the seller, based on its reasonable interests, would not have accepted if there was the ability to participate in determining the terms of the Public offer, and the products, specified in the Public offer are not imposed customer.
- The subject
2.1. The subject of the Public offer is the conclusion of the contract between the seller and the costumer under which the Seller undertakes to transfer the products to the customer on the basis of the order, and the customer undertakes to accept and pay for the products on the terms specified in Public offer.
2.2 Name (type of product, model, article), price, quantity and other characteristics of the products that are determined by the customer when placing an order from the Seller’s offers options.
2.4. The seller sells the goods in accordance with the prices published on the website.
- Placing An Order
3.1. Orders made using the site, as well as messages sent from the customer’s contact email address, which is considered equivalent to the document, personally signed by the customer.
3.2. The order is placed by the customer in one of the following ways:
– on the Site (without registration);
– by email email@example.com ;
3.3. When placing an order, the customer undertakes to provide the following information about himself/herself
– last name, first name,
– delivery address.
– email address;
– contact phone number (mobile, landline).
– on the Site (without registration);
– by email firstname.lastname@example.org ;
3.4. When placing an order on the Site, the customer selects products (type, model, article, color,
size, quantity) and puts them in the trash.
When placing an order in a different way, the customer selects products (type, model, article,
color, size, quantity) and informs the seller of their intention to purchase them.
3.5. Payment for the goods by the customer is made by the customer using electronic means of payment when placing an order.
3.6. When placing an order, a special form is filled in (by the customer personally or by the seller from the words of the customer), which specifies information in accordance with 3.3 part of the Public offer, and other information that the customer considers to be necessary to inform the seller for proper performance of the contract.
3.7. The customer is fully responsible for the accuracy of the information provided when placing an order.
3.8. The Seller is not responsible for the content and accuracy of the information, provided by the customer when placing the order.
3.9. The Agreement is considered concluded from the moment of placing the order and issuing (sending) from seller to the customer of the cash receipt.
3.10. All information materials provided on the Site are for reference and they cannot fully transmit reliable information about certain properties and product characteristics. If the customer has any questions about the properties and product characteristics, before placing an order, they need to ask for advice to the seller.
3.11. In case of the absence of requests from the customer for advice to the operator the seller is not responsible for the products selected by the customer.
3.12. Orders through the site is carried out daily for 24 hours.
E-mail orders are accepted daily from 9: 00 to 21: 00.
- Order Payment
4.1. The value of the goods under this agreement is indicated on the Website and can be changed by the seller at any time unilaterally. The new price takes effect from the moment of publication and does not apply to products paid for at the time of publication.
The customer has the right to confirm or cancel an order for the purchase of goods if the price is changed by the seller after placing the order. If there is no communication with the customer, the order is considered canceled within two calendar days from the date of registration.
4.2. When placing an order and making payments using electronic means of payment, the Customer pays for the goods by filling out a special payment form and clicking the button pay.
4.3. When paying for the goods, the customer must specify in the order and payment form all the required information data.
4.4. The customer is solely responsible for any errors made by the himself/herself during payment process for goods.
4.6. The customer’s obligations to pay for the goods are considered fulfilled from the moment of receipt of funds to the seller’s account when making a non-cash payment.
5.1. The Seller is obliged to deliver the goods to the place specified by the customer within the time limit set by the agreement. The customer specifies the time, place, and delivery address of the goods when placing the order. These data are valid for the duration of the agreement.
5.2. Actual information about delivery, including its methods and cost is posted on the website in the “delivery” section at: www.bernes.ru
5.3. The seller specifies the terms and cost of delivery of the goods on the website, or informs the customer when placing an order by other means specified in clause 3.2 of the public policy offers.
5.4. The seller’s obligation to deliver the goods is considered fulfilled from the moment the customer signs the shipping documents.
The seller is considered to have fulfilled its obligations under the contract at the time of actual delivery of the goods to the customer.
5.5. The right of ownership of the goods and the risks of accidental damage and/or loss of products pass to the customer from the moment of actual transfer of the goods and signing of the shipping documents upon delivery of the goods to the customer.
5.6. The delivered goods is transferred to the customer, and in the absence of the customer-to any person who has presented a document confirming the conclusion of the contract or registration of delivery of the goods, or whose authority to accept the goods is clear from the situation.
5.7. Information about the goods is brought to the attention of the customer in the documentation attached to the goods, on labels, by marking or in any other way accepted for certain types of goods.
5.8. Upon receipt of the Products, the Customer undertakes to check their completeness and appearance, the appearance of the container (packaging), to make sure that there are no obvious visible defects and that the delivered Goods do not correspond to the description on the Website.
The seller is not responsible for any defects that occurred after the delivery of the product to the delivery service.
5.9. In case of non-compliance of the products with the order, as well as in case of detection of defects in the products, the customer must immediately notify the Seller by phone 8 495 544 76 20 or by e-mail email@example.com
- The rights and obligations of the parties
6.1. The seller is required.
6.1.1.To comply with legal requirements, including the protection of consumer rights and personal data protection.
6.1.2.To keep confidential information received from the Customer.
6.1.3. To Prevent attempts of unauthorized access to information and / or transfer it to parties not directly related to the execution of orders, to detect and prevent such facts in a timely manner.
6.2. The seller is entitled.
6.2.1. Change the content, software, interface design of the site, etc., and also change and Supplement the terms of the Public offer unilaterally, at his own discretion.
6.2.2. Transfer their rights and obligations to perform orders to third parties.
6.3. The customer is obliged.
6.3.1. Before placing the order to see a Public offer information about products and other information for Customers published on the website.
6.3.2.To provide the Seller with reliable information in a timely and complete manner, necessary for the conclusion and execution of the agreement. In particular, for identification purposes
payments received from the customer, the Seller has the right to request personal data from the customer. If such information is insufficient or there are doubts about it the seller has the right to suspend the performance of the contract by notifying the customer of this fact.
6.3.4. To pay the cost of the ordered products fully and on time.
6.4. The buyer is entitled.
6.4.1. Require the customer to perform its obligations in good faith.
6.4.2. Send to the email address firstname.lastname@example.org claims for improper execution of the agreement.
- Refund of the order
7.1. In accordance with paragraph 4 of article 26.1. of the Law of the Russian Federation No. 2300-I “On consumer protection” (hereinafter-the law on consumer protection) customer right to refuse from the ordered products at any time until the order is completed.
In order for the customer to cancel the ordered product, the customer contacts the seller by phone at 8 495 544 76 20 or by e-mail mail email@example.com
7.2. Actual information about the return of products, including the procedure and terms of payment on the website in the “Refund” section at:
7.3. The customer has the right to refuse the ordered product of proper quality within 7(seven) days from the date of delivery of the product.
The return of a product of good quality is possible if its commercial appearance is preserved (including: branded packaging, factory labels, seals, labels, hygiene stickers), consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product.
Used Goods cannot be returned.
7.4. The absence of a document confirming the fact and conditions of purchase of products by the customer, does not prevent it from referring to other evidence of the purchase of products.
7.5.Refund processing and approval Period is 1-3 business days from the date of receipt to the products.
7.6. In order to make a decision on approving a refund, the Seller checks
– safety of marking;
– safety of packaging;
– safety of the product type.
In case of detection of non-compliance with the listed requirements, the purchased Products are considered to have lost their appearance and are not subject to return.
7.8. After processing and approving the refund, the funds are transferred to the card used for making the payment within 1 to 10 banking days.
There is no cash refund (if payment is made using electronic means of payment).
7.9. In case of detection of defects in the delivery of products by courier, the customer has the right to return the products of improper quality and, at its own discretion, require the Seller to replace the products of improper quality with a similar quality product, or refund the money paid for the products.
7.10. If the order contains Products that do not match the order, the customer has the right to request that these Products should be replaced with those that match the order, or to cancel the Agreement and request a refund for the products that were paid for and actually not received.
7.11. If the Seller delivers Products of improper quality, the Customer agrees to place the Products at the Seller’s disposal as soon as possible in order to check the quality of the Products by contacting the Seller via e-mail firstname.lastname@example.org
7.12.accordance with article 22 Of the law On consumer protection the amount paid by the Customer for Products of improper quality is subject to refund to the Customer within 10(Ten) calendar days from the date of submission of the relevant claim.
7.13. The Customer must send the request for the return of the Products to the Seller’s email address email@example.com. The Request can be made in a free form with the mandatory indication of the Customer’s contact details that match those specified when ordering the Products, the name of the returned Products, and the reasons for the return.
7.14. The customer has the right to ask all questions to the Seller by phone 8 495 544 76 20 or by emailil firstname.lastname@example.org.
- Intellectual property
8.1. All text information and graphic images posted on the Site are the intellectual property of the Seller and/or its suppliers and manufacturers of Products.
8.2. Site Users are allowed to view information and materials of the Site solely for the purpose of personal non-commercial use, reproduce them in a single copy, and cite them to the extent determined by the purposes of citation, except in cases where such use causes or may cause harm to the interests of the copyright holder.
8.3. Site Users are prohibited from reproducing, distributing, communicating to the public, modifying, decompiling the code or otherwise processing the Site, and performing any other actions, except as expressly permitted by the Public offer. Any elements of the site may not be used as part of other websites or other works in any form or in any way.
- Responsibility of the parties
9.1. The Parties are responsible for failure to comply with the terms of the Public offer in accordance with the provisions of the Public offer of the legislation of the Russian Federation.
9.2. The Seller provides Internet users with access to the Site and supports proper functioning of the Site, quickly restores its functionality in case of technical failures and interruptions, the Seller does not provide any guarantees uninterrupted operation of the Site and compliance with any recovery deadlines
site performance in the event of interruptions due to failures in the telecommunications and energy networks.
If there are technical failures or errors on the Site, the customer can report them by e-mail: email@example.com
9.3. The Seller is not responsible for non-performance or improper performance of its obligations due to unfair and / or malicious actions of third parties, aimed at unauthorized access and / or disabling of the software and / or hardware complex of the Site and its service.
9.4. The parties are relieved from responsibility for partial or complete failure to fulfill obligations under the contract, if this failure was a consequence of force majeure arising after the conclusion of the contract as a result of events of an extraordinary nature that the participant could neither foresee nor prevent reasonable.
Under circumstances of force majeure the seller and Customer understand fire, flood, earthquake, strikes, and other natural disasters, war and military actions, entry into force of normative legal acts and acts of application of law that prevent the performance of obligations, forced urgent (unplanned) hospitalization, documented, if the above-mentioned circumstances are beyond the control of the Parties, prevent the implementation of this agreement and occurred after the conclusion of this agreement.
- Dispute resolution
10.1.in case of disagreements and disputes related to the fulfillment of the terms of this Agreement, the parties shall resolve them through negotiations.
10.2. If it is impossible to resolve disputes through negotiations, disputes are resolved in accordance with the procedure established by the legislation of the Russian Federation.
- Personal data and their use
11.1. The Buyer gives his permission to the Seller to process his personal data, and namely: first name, last name, image, email address, contact phone number, accounts/in messaging programs and social networks.
11.2. Processing of personal data means recording, systematization, accumulation, storage,clarification (updating, modification), extraction, use, transfer (distribution,provision, access), depersonalization, blocking, deletion, destruction of personal data that do not fall into special categories and the processing of which, according to the current legislation of the Russian Federation, requires the written consent of the Customer.
11.3. Personal data is Processed for the purpose of fulfilling the Seller’s obligations under the Agreement, providing the Customer with feedback when using the Site, as well as for sending information and advertising messages to the email address specified by the customer.
11.4. Processing of the Customer’s personal data is performed by the Seller using the following methods: databases on the territory of the Russian Federation.
- Other conditions
12.1. The Seller has the right to unilaterally change the terms of the Public offer by posting a new version of the Public offer on the Site, at least 5 (five) days before the date of entry into force of the new version of the Public offer. The provisions of the new version of the offer become mandatory for all previously registered Buyers, if within the specified period they do not declare in writing that they refuse to perform the Contract in the new version. If the customer refuses, the Agreement shall terminate from the date of termination of the previous version of the Public offer, and if there are outstanding obligations of the Parties on this date-from the date of full performance of such obligations.
12.2. If a court decision invalidates any provision of the Public offer, the customer agrees that such provision will be considered replaced by another provision that implements the original intentions of the parties (to the extent that this is the Case permitted by law). The invalidity of one or more provisions of the Public offer does not entail the invalidity of the entire Public offer or its other provisions.
- Seller’s Details
IЕ Krikheli Irakli Shalvovich
Phone: 8 495 544 76 20
Email address for correspondence: firstname.lastname@example.org
Address of the Offer placement on the Internet: https://www.bernes.ru
Date: February 23, 2020