(approved by order of the General Director of Health Measurement LLC No. 07/06 / 2019-1 of June 7, 2019)
Date of publication: June 7, 2019
1. GENERAL PROVISIONS
1.1. This document is an official invitation of the Seller to individuals to make offers for the purchase of Goods on the conditions set forth in this document (hereinafter - the "Offer") in accordance with Art. 437 of the Civil Code of the Russian Federation.
1.2. The offer is valid for the Goods presented on the Site for the entire period until the information on the relevant Goods is available for placing orders on the Site.
1.3. Having completed placing an order on the Site, you make an offer to purchase the quantity and assortment of goods you have indicated on the terms of this Offer in accordance with Art. 435 of the Civil Code of the Russian Federation.
1.4. By making an offer, you confirm that you have the necessary legal capacity to conclude a contract of sale of the Goods that you have read this Offer, understand and accept all its conditions that become part of your offer.
1.5. The seller accepts the offer by sending you an email with confirmation of payment to the email address you specified when placing the order. From this moment between you and the Seller, the contract of sale of the selected Product (hereinafter referred to as the “Contract”) is valid, concluded on the conditions set forth in this Offer.
1.6. Relations under the Agreement between you and the Seller are governed by the terms of your order, this Offer, as well as 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. < / p>
2. TERMS AND DEFINITIONS
2.1. The terms used in this Proposal have the following meanings:
The seller is Health Measurement LLC, OGRN 1187746750400, location address: 105005, Moscow, st. Baumanskaya, house 7, building 1, office 303, tel .: 8-800-555-67-13, email: email@example.com .
You (you, you, yours, etc.) or the Buyer - any individual who purchases the Goods (s) exclusively for personal, family, household and other needs not related to the implementation of entrepreneurial activity.
Party - You and / or the Seller from the moment of conclusion of the Agreement.
Website - the Seller’s official website located on the Internet at https://engy.app/ .
Goods - the object (s) of sale, the assortment of which (s) is presented on the Site.
Placement of the order - the Buyer makes the choice of the assortment and quantity of Goods by moving to the "Basket", filling out the order form on the Website, indicating the delivery address (if you selected delivery), and sending this form to the Seller by clicking the "Pay" button to complete the registration.
Buyer's offer - a combination of the following: Placement of an order and its payment.
Seller’s Acceptance - the Seller sends an email with confirmation of payment to the email address provided by the Buyer when placing the order.
Promo Code Discount - a discount that is provided by the Seller for a specific Product (group of Products) upon entering the Promo Code in a special field when placing an Order.
A promotional code is a special code that provides a discount on a specific Product (group of Products). The promotional code may have a limited validity period. The validity period of the Promotional Code, the range of Products and other conditions for its use are indicated when issuing the Promotional Code. In particular, they can be indicated orally. To receive a discount, the Promo code must be entered in the special field in the section of the Site “Basket” when placing the Order. Unless otherwise specified when issuing the Promo Code, only one Promo Code can be applied to one unit of the Product.
Promotional discount - a discount that is granted on a certain Product in the framework of the promotion carried out by the Seller. During the validity period of the promotion, the price of the Goods is indicated on the Site taking into account the Promotion discount and / or indicating the size of the discount.
Force Majeure - extraordinary events or circumstances that the Party could not have foreseen or prevented by means available to it. Such circumstances include, in particular: floods, fires, earthquakes and other natural disasters, accidents of man-made and man-made origin, wars, military operations, actions of Russian or foreign state bodies, civil unrest, terrorist acts in the immediate vicinity of the Party's location, strikes , as well as any other circumstances beyond the reasonable control of any of the Parties.
2.2. All other terms and definitions that appear in the text of the Proposal are interpreted in accordance with the legislation of the Russian Federation and the usual rules of interpretation of the relevant terms that have developed on the Internet.
3. SUBJECT OF THE AGREEMENT
The Seller transfers, and the Buyer accepts and pays for the Goods under the terms of this Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The seller undertakes:
4.1.1. From the moment of conclusion of this Agreement to fully ensure all obligations to the Buyer in accordance with the terms of this Agreement and applicable law.
4.2. The buyer agrees:
4.2.1. Provide reliable data when placing an order.
4.2.2. Timely make payment for the Goods.
4.2.3. To ensure pickup or collection of the Goods from the courier upon delivery within the time and in the manner agreed upon in the Agreement and notifications received from the Seller.
4.2.4. Accept the Goods and sign the universal transfer document upon receipt.
4.2.5. Observe the requirements for storage and operation of the Goods, including the requirements for its disposal.
5.1. Prices for the Goods are determined by the Seller and are indicated on the Site. The price of the goods is indicated in rubles of the Russian Federation and includes value added tax.
5.2. The prices of the Goods may be changed by the Seller at any time in a unilateral indisputable manner by publishing new prices on the Site. New prices begin to operate from the moment of publication on the Site. When placing an order, the prices indicated at the time of completion of the order are valid.
5.3. The final price of the Goods under the Agreement is determined taking into account current discounts and is indicated on the Site when placing an order.
5.4. When the Buyer selects the “Courier service” option, the total price under the Agreement also includes the cost of delivery. Delivery cost depends on the place of delivery and is determined by the tariffs of the courier service. Delivery cost is indicated on the Site when placing an order if you select the option “Courier service” and enter the delivery address. By completing the Order, the Buyer also agrees to the terms and cost of delivery.
6. PAYMENT PROCEDURE
6.1. The Buyer makes a 100% prepayment of the Goods and delivery of goods (if this option is selected by the Buyer) through the Site.
6.2. Payment is made by debiting funds from the Buyer's bank card through the Seller’s partner bank using payment cards of Visa, Mastercard, Mir systems.
6.3. A charge is made without charging a fee for making a payment.
6.4. To make a payment, the Buyer must enter the details of his bank card in the payment gateway of the bank and give his consent to their processing by the partner bank of the Seller.
6.5. The connection to the payment gateway and the transfer of information is carried out in a secure mode using the SSL encryption protocol.
7. DELIVERY OF GOODS
7.1. Delivery of the goods is carried out if, at the time of placing the order, the buyer chose the option “Courier service” and indicated the exact address for delivery and contact phone number.
7.2. Delivery of the goods is carried out by the seller. The seller may use the services of courier and postal services, other contractors for delivery purposes. The method and means of transportation is selected by the Seller, based on the optimal combination of terms and cost of delivery.
7.3. The seller guarantees delivery only within the Russian Federation.
7.4. The seller guarantees delivery within 1 (One) month. Delivery time begins to flow:
upon prepayment by bank transfer - from the day following the day of receipt of funds to the Seller’s bank account
when paying to a courier - from the day following the day of confirmation of the placed order.
7.5. The seller ensures delivery to the address specified by the Buyer. When providing false information about the address, the Seller is not responsible for the non-delivery or untimely delivery of the Goods.
7.6. Approximate delivery dates are communicated to the Buyer in a payment notification sent to the email address. To coordinate the exact date and time of delivery ("Estimated Delivery Date") and to specify the coordinates (entrance, floor, doorphone code, etc.), representatives of the Seller or courier service can contact the Buyer at the phone number or email address indicated by him. If the exact date and time of delivery has not been agreed with the Buyer, the Estimated delivery date is the latest date from the approximate delivery dates communicated to the Buyer.
7.7. If, due to the fault of the Buyer, the delivery of the Goods at the specified time did not occur, the Seller ensures the storage of the Goods for 10 days from the Estimated delivery date.
7.8. Repeated delivery to the specified address, as well as waiting for the courier are paid at the expense of the Buyer at the rates of the courier service / contractor. If the Seller or the courier service in the locality at the delivery address has a valid point of delivery, by additional agreement with the Seller, the Buyer can pick up the Goods from such a point of delivery.
7.9. If, within 10 (Ten) days from the Estimated date of delivery, the Goods were not received by the Buyer through his fault, the Seller shall cease storage, and this Agreement shall be deemed terminated by the Seller unilaterally without further informing the Buyer on the eleventh day from the day following for the Estimated date of delivery of the Goods. In this case, the Seller has the right to demand from the Buyer compensation for the cost of the return delivery of the Goods to the Seller.
8.1. When the Buyer chooses the “Pickup” option when placing an order on the Site, the Buyer is required to pickup from the address indicated on the Site within 1 (One) year from the day following the day of receipt of funds to the Seller’s bank account. p >
8.2. Pickup is carried out from the address indicated on the Site when placing the order, during the working hours indicated on the Site.
8.3. If, within 1 (One) year from the Estimated date of delivery, the Goods were not received by the Buyer through his fault, the Seller may terminate its storage and refuse to execute the Agreement unilaterally by sending the Buyer a notification to the email address indicated at Checkout. In this case, this Agreement shall be deemed unilaterally terminated by the Seller on the next day from the date of such notification.
9. TRANSFER OF GOODS
9.1. The transfer of the Goods is carried out at the address indicated by the Buyer when placing the order on the Site when placing the Order:
at pickup - at the address indicated by the Seller;
upon delivery - at the address indicated by the Buyer.
9.2. The transfer of the Goods is carried out by the Buyer or a person authorized by him upon presentation of a passport. In particular, for the purpose of delivery to the specified address, a duly authorized person shall be considered, including the person who opened the door to the courier at the specified address and accepted the Goods.
9.3. Upon delivery, payment by courier is possible only in buildings. In case courier delivery is carried out in a public place (station, park, store, restaurant, shopping centers, etc.), the transfer of the Goods can be carried out only after the Buyer makes a 100% prepayment.
9.4. Upon courier delivery of the Goods, the Buyer puts his signature in the delivery register opposite the items of the Goods that the Customer received.
9.5. When transferring the Goods, the Buyer checks the appearance of the packaging of the Goods and the completeness of the order.
9.6. The transfer of the Goods when executed is executed by signing the universal transfer act (UPD). The signature of the Buyer or his representative on the UPD serves as confirmation that the Buyer has no complaints about the packaging of the order, the quantity and appearance of the Goods.
9.7. After the transfer of the Goods, claims to the quantity, completeness and type of the Goods shall not be accepted.
9.8. The ownership of the Goods, as well as the risk of accidental loss and / or damage, shall pass to the Buyer from the moment the Goods are actually transferred to the Buyer or his representative.
10. RETURN OF GOODS
10.1. The Buyer has the right to refuse the Goods of good quality at any time before its transfer, and after the transfer - within 7 (Seven) days.
10.2. Return of Goods of good quality is possible if the following conditions are met at the same time:
10.2.1. The presentation of the Goods is preserved.
10.2.2. Consumer properties of the Goods are preserved.
10.2.3. A document is presented confirming the fact and conditions of purchase of the Goods.
10.3. In case of rejection of the Goods of good quality, the Buyer shall send the Seller a written request for the return of the Goods with the application of the goods and documents confirming the fact and conditions of purchase of the Goods. In this case, the Product must be returned to the Seller within 7 (Seven) days from the date of receipt.
10.4. The return of the Goods is carried out at the address of the Seller indicated in this Offer during the working hours of the Seller. Seller’s working hours: from 10:00 to 19:00 on weekdays, before holidays, the working period is reduced by 1 hour in accordance with the legislation of the Russian Federation. Refund contact phone number: 8 800 555-67-13, email address: firstname.lastname@example.org . Additional contact numbers may be indicated on the Site.
10.5. If the Buyer refuses the Goods of good quality, subject to the conditions of clause 10.2 of this Agreement, the Seller returns the amount paid by the Buyer for the Goods, with the exception of the costs of the Seller for the delivery of the returned Goods from the Buyer. The refund of the amount is carried out no later than 10 (Ten) days from the date the Buyer submits the corresponding written request, provided that the Goods have actually been returned to the Seller with the preserved presentation and consumer properties. In any case, the refund is carried out no earlier than the actual return of the Goods to the Seller.
10.6. If the Goods are delivered damaged, the amount paid for the Goods shall not be returned. In the event that delivery was carried out by courier, all claims for damage to the Goods, the Buyer must file a courier company that damaged the Goods during delivery.
10.7. The funds paid by the Buyer for the delivery services are not refundable when returning the Goods of good quality, since the service is considered to be provided upon delivery of the Goods.
10.8. When returning the Goods, the amounts to be returned to the Buyer, unless otherwise agreed by the Parties in writing, are transferred at the details specified by the Buyer in the request for the return of the Goods, and if the request does not specify the details - at the details from which it was received payment for the goods.
11. SERVICE LIFE OF THE GOODS AND WARRANTY OBLIGATIONS OF THE SELLER
11.1. The warranty period of the Goods is 12 (Twelve) months from the date of transfer of the Goods to the Buyer or his representative.
11.2. The Buyer has the right to present claims to the Seller in connection with the defects of the Goods, if they are discovered during the warranty period.
11.3. Warranty does not apply to the following cases:
11.4. The service life of the Goods is 12 (Twelve) months from the date of transfer of the Goods to the Buyer or his representative. Upon the expiration of the service life, the Product is taken out of service and sent to the Seller to check and establish a new service life. If the specified requirement is not met, the Seller is not liable for harm caused to life, health, property of any persons or the environment.
11.5. The return and exchange of Goods of inadequate quality, the direction for verification takes place at the addresses and details specified in this Agreement, in accordance with the legislation of the Russian Federation.
12. TERMINATION OF THE AGREEMENT
12.1. After the conclusion of the Agreement, the Parties are entitled to terminate the agreement by agreement of the parties, as well as in other cases provided for by this Agreement and the current legislation of the Russian Federation.
12.2. The Seller has the right to terminate the Agreement in the event that the Buyer has not received the Goods through his own fault in the manner and within the time limits established in this Agreement.
12.3. Upon termination of the Agreement as a result of the Seller’s unilateral refusal from the agreement on the grounds provided for in paragraph. 7.9 and 8.3 of the Agreement, the cost of the Goods is returned to the Buyer within 10 (Ten) business days from the date of termination, minus the cost of courier services and other costs, including services for storing the Goods and waiting for the courier.
13. FORCE MAJEURE
13.1. The parties shall be exempted from liability for partial or full failure to fulfill obligations under this Agreement if this failure was the result of Force Majeure circumstances arising after the conclusion of this Agreement.
13.2. Changes to existing laws or regulations directly or indirectly affecting any of the Parties are not considered as Force Majeure circumstances, however, if such changes are made that do not allow either Party to fulfill any of its obligations under this Agreement, the Parties are obliged to immediately take a decision on the working procedure to eliminate this problem in order to ensure that the Parties continue to implement this Agreement.
14. FINAL PROVISIONS
14.1. All disputes related to non-performance, or improper performance of their obligations under this agreement, the Parties will try to resolve during negotiations.
14.2. In case of failure to reach agreement during negotiations, disputes will be resolved in a judicial proceeding in accordance with the current legislation of the Russian Federation.
14.3. In matters not regulated by the Agreement, the Parties shall be governed by the current legislation of the Russian Federation.
14.4. For any questions related to the Goods and services of the Seller, you can contact during business hours by phone. 8 800 555-67-13 or email address: email@example.com .
15. SELLER'S DETAILS:
Health Measurement Limited Liability Company
Location address: 105005, Moscow, st. Baumanskaya, house 7 p. 1, office 303
TIN / KPP 9701118617/770101001
Phone / Fax +7 (499) 394-41-94
P / S 40702810610000409893
in Tinkoff Bank JSC
K / s 30101810145250000974