PUBLIC OFFER
regarding the conclusion of a Purchase and Sale Agreement
1. General Provisions
This Public Offer contains the terms and conditions for concluding the Purchase and Sale Agreement (hereinafter referred to as the "Purchase and Sale Agreement" and/or the "Agreement"). This offer is an offer addressed to one or more specific persons that is sufficiently specific and expresses the intention of the person making the offer to consider themselves as having entered into an Agreement with the addressee who will accept the offer.
The actions specified in this Offer constitute confirmation of the consent of both Parties to enter into the Purchase and Sale Agreement on the terms, in the manner, and to the extent set forth in this Offer.
The following text of the Public Offer constitutes the Seller's official public offer to interested parties to enter into a Purchase and Sale Agreement in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation. The Sale and Purchase Agreement is deemed concluded and comes into force upon the Parties' completion of the actions stipulated in this Offer, signifying unconditional and complete acceptance of all the terms of this Offer without any exceptions or limitations under the terms of accession.
Terms and Definitions:
Agreement – the text of this Offer and the Appendices, which form an integral part of this Offer, accepted by the Buyer by performing the implied actions stipulated by this Offer.
Implied actions are behavior that expresses agreement with the counterparty's proposal to conclude, amend, or terminate the agreement. These actions consist of full or partial fulfillment of the terms proposed by the counterparty.
Seller's Website – a collection of computer programs and other information contained in an information system, accessible via the Internet via the domain name and network address: _https://vostok-watch.com___https://vostok-watch.com______
Parties to the Agreement (Parties) – Seller and Buyer.
Goods - goods under a sales contract may be any item, subject to the rules set forth in Article 129 of the Civil Code of the Russian Federation.
2. Subject of the Agreement
2.1. Under this Agreement, the Seller undertakes to transfer ownership of the item (Goods) to the Buyer, and the Buyer undertakes to accept the Goods and pay a specified sum of money for them.
2.2. The name, quantity, assortment of Goods, their price, delivery procedure, and other terms are determined based on the information provided by the Seller when the Buyer submits an order, or are set forth on the Seller's website.
2.3. Acceptance of this Offer is expressed by the performance of implied actions, in particular:
• actions related to registering an account on the Seller's website, if account registration is required;
• by compiling and completing an order form for the Goods;
• by communicating the information required to conclude the Agreement by telephone or email, as specified on the Seller's website, including when the Seller calls back the Buyer's request;
• payment for the Goods by the Buyer.
This list is not exhaustive; there may be other actions that clearly express the person's intention to accept the counterparty's offer.
3. Rights and Obligations of the Parties
3.1. Rights and Obligations of the Seller:
3.1.1. The Seller has the right to demand payment for the Goods and their delivery in the manner and under the terms stipulated by the Agreement;
3.1.2. The Seller shall refuse to enter into an Agreement based on this Offer with the Buyer in the event of their bad faith behavior, in particular, in the event of:
• more than two (2) refusals of Goods of proper quality within a year;
• knowingly providing false personal information;
• returning Goods damaged or used by the Buyer;
• other cases of bad faith behavior indicating that the Buyer entered into an Agreement for the purpose of abusing their rights and that the Agreement does not have the normal economic purpose of acquiring the Goods.
3.1.3. The Seller undertakes to transfer to the Buyer Goods of proper quality and in proper packaging;
3.1.4. Transfer the Goods free from third-party rights;
3.1.5. Arrange for delivery of the Goods to the Buyer;
3.1.6. Provide the Buyer with all necessary information in accordance with the requirements of current Russian Federation legislation and this Offer;
3.2. Buyer's Rights and Obligations:
3.2.1. The Buyer has the right to demand delivery of the Goods in the manner and under the terms stipulated by the Agreement.
3.2.2. To demand the provision of all necessary information in accordance with the requirements of the current Russian Federation legislation and this Offer;
3.2.3. To refuse the Goods on the grounds stipulated by the Agreement and the current Russian Federation legislation.
3.2.4. The Buyer undertakes to provide the Seller with accurate information necessary for the proper performance of the Agreement;
3.2.5. To accept and pay for the Goods in accordance with the terms of the Agreement;
3.2.6. The Buyer guarantees that all terms of the Agreement are understood; the Buyer accepts the terms and conditions without reservation and in full.
4. Price and Payment Procedure
4.1. The price and payment procedure for the Goods are determined based on the Seller's information when the Buyer submits an order, or are set forth on the Seller's website: __https://vostok-watch.com__
4.2. All payments under the Agreement are made by credit/debet cards.
5. Exchange and Return of Goods
5.1 The Buyer has the right to return (exchange) Goods purchased remotely to the Seller, with the exception of those items that are not subject to exchange or return under the current legislation of the Russian Federation. The terms, timeframes, and procedures for returning Goods of proper and improper quality are established in accordance with the requirements of the Civil Code of the Russian Federation, Law of the Russian Federation No. 2300-1 of February 7, 1992, "On the Protection of Consumer Rights," and the Rules approved by Government Resolution No. 2463 of December 31, 2020.
5.2 The Buyer's request for an exchange or return of Goods will be satisfied if the Goods have not been used, their consumer properties are intact, and there is proof of purchase from the Seller.
6. Confidentiality and Security
6.1. In implementing this Agreement, the Parties shall ensure the confidentiality and security of personal data in accordance with the current version of Federal Law No. 152-FZ "On Personal Data" of July 27, 2006, and Federal Law No. 149-FZ "On Information, Information Technologies, and the Protection of Information" of July 27, 2006.
6.2. The Parties undertake to maintain the confidentiality of information received during the execution of this Agreement and to take all possible measures to protect such information from disclosure.
6.3. Confidential information shall mean any information transferred by the Seller and the Buyer during the execution of the Agreement and subject to protection, with the exceptions specified below.
6.4. Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, diagrams, graphs, specifications, and other documents, whether in hard copy or electronic form, provided by the Seller.
7. Force Majeure
7.1. The Parties shall be released from liability for failure to perform or improper performance of their obligations under the Agreement if proper performance is impossible due to force majeure, i.e., extraordinary and unavoidable circumstances under the given conditions, which include: prohibitive actions by authorities, epidemics, blockades, embargoes, earthquakes, floods, fires, or other natural disasters.
7.2. In the event of such circumstances, the Party is obligated to notify the other Party thereof within 30 (thirty) business days.
7.3. A document issued by an authorized government agency is sufficient evidence of the existence and duration of force majeure.
7.4. If force majeure circumstances continue for more than 60 (sixty) business days, each Party has the right to unilaterally terminate this Agreement.
8. Liability of the Parties
8.1. In the event of failure to perform and/or improper performance of their obligations under the Agreement, the Parties shall bear liability in accordance with the terms of this Offer.
8.2. A Party that fails to perform or improperly performs its obligations under the Agreement is obligated to compensate the other Party for any damages caused by such violations.
9. Term of this Offer
9.1. The Offer shall enter into force upon posting on the Seller's Website and shall remain valid until revoked by the Seller.
9.2. The Seller reserves the right to amend the terms of this Offer and/or revoke it at any time at its sole discretion. Information regarding amendments or revocations of the Offer will be communicated to the Buyer, at the Seller's discretion, by posting them on the Seller's website, in the Buyer's Personal Account, or by sending a corresponding notice to the email or postal address specified by the Buyer upon conclusion of the Agreement or during its execution.
9.3. The Agreement shall enter into force upon the Buyer's acceptance of the terms of this Offer and shall remain in effect until the Parties have fully fulfilled their obligations under the Agreement.
9.4. Amendments made by the Seller to the Agreement and published on the website in the form of an updated Offer shall be deemed accepted by the Buyer in full.
10. Additional Terms
10.1. The Agreement, its conclusion, and execution are governed by the current legislation of the Russian Federation. All matters not regulated by this Offer or not fully regulated shall be governed by the substantive laws of the Russian Federation.
10.2. In the event of a dispute between the Parties during the performance of their obligations under the Agreement concluded under the terms of this Offer, the Parties are obligated to resolve the dispute amicably before initiating legal proceedings.
Legal proceedings shall be conducted in accordance with the laws of the Russian Federation.
Disputes or disagreements on which the Parties have not reached an agreement shall be resolved in accordance with the laws of the Russian Federation.
The dispute resolution procedure is mandatory.
10.3. The Parties have agreed that Russian will be the language of the Agreement concluded under the terms of this Offer, as well as the language used in all interactions between the Parties (including correspondence, submission of requests/notices/clarifications, provision of documents, etc.).
10.4. All documents to be provided in accordance with the terms of this Offer must be in Russian or have a duly certified translation into Russian.
10.5. Failure by one of the Parties to act in the event of a breach of the terms of this Offer does not deprive the interested Party of the right to protect its interests at a later date, nor does it constitute a waiver of its rights in the event of similar or identical violations by either Party in the future.
10.6. If the Seller's website contains links to other websites and third-party materials, such links are provided for informational purposes only, and the Seller has no control over the content of such websites or materials. The Seller is not liable for any loss or damage that may arise from using such links.
11. Seller's Details
Full Name: Sole Proprietor Emil Rustemovich Yumaev
TIN: 16520193
OGRN/OGRNIP: 30516770
Contact Phone: +7 919 638-57-85
Contact Email: [email protected]