Affresco Factory > Public offer

SENTENCE



01.02.2019

PUBLIC OFFER for concluding a contract for the providing services for the production (placing an order for the manufacture) of decorative wall (ceiling) coverings (frescoes, wallpaper, paintings, posters, panels, etc.) and also for orders of advertising, trade materials and samples.

1. GENERAL PROVISIONS

1.1. Individual entrepreneur Buryatova L.N. (Hereinafter referred to as the "Seller") publishes this document, which is a public contract-offer (offer) addressed to any person (an indefinite group of persons), expressing readiness to use the services of the Seller (hereinafter referred to as the "Services"), on manufacturing (placing an order for the manufacture and sale) of wall (ceiling) decorative coverings (frescoes, wallpaper, paintings, posters, panels, etc.) (hereinafter referred to as "Products").

1.2. This public offer (hereinafter also referred to as the "Offer", "Contract-Offer") determines all the essential terms of the service agreement between the Seller and the person accepting the Offer (hereinafter referred to as the "Customer", the "Buyer").

1.3. In the event that the conditions set forth below and the payment of services are accepted, the person making the acceptance of this offer becomes the Customer and guarantees that he is acquainted, agrees with all conditions of the Offer, fully and unconditionally accepts them in the form in which they are stated in the Offer text, appendices to the Offer, which are its integral part (Clause 3, Article 388 of the Civil Code of the Russian Federation).

1.3.1. The Customer understands that the acceptance of the Offer in the manner indicated in it is equivalent to concluding the contract on the conditions set forth in the Offer.

1.4. Making the actions for the acceptance of the Offer, the Customer guarantees that he has the necessary powers and rights to enter into a contractual relationship with the Seller.

1.5. This Offer is published on the Seller's website at WWW.AFFRESCO-DECOR.COM (hereinafter also referred to as the "Website") and is open to general access.

1.6. The Seller reserves the right to unilaterally amend the conditions of this Offer and its annex, subject to prior publication on the WWW.AFFRESCO-DECOR.COM website of such changes no later than 10 (ten) calendar days before their entry into force. This Offer is valid until canceled by the Seller.

2. SUBJECT OF THE OFFER

2.1. In accordance with the terms of the Offer, the Seller undertakes to provide Services of appropriate quality, and the Customer undertakes to accept and pay for the Services provided.

2.2. Parameters (individually defined properties) of Products (reproduced image (picture), texture, dimensions, etc.) are selected by the Customer.

2.3. To provide services, the Seller has the right to attract co-contractors of his choice.

2.4. The exchange of information necessary to provide services between the Seller and the Customer is carried out using e-mail, the services of the Website or by drafting and signing by the Parties relevant documents in the sales salons.

3. ACCEPTANCE, TERM OF ACCEPTANCE, TERM OF THE AGREEMENT

3.1. Acceptance is made by the Customer by paying for the services provided by the Seller. Payment is made in any way convenient for the Customer, offered by the Seller on the Website.

3.2. The invoice issued by the Seller is valid for 3 (three) banking days.

3.3. The Customer undertakes to inform about the payment (to present a copy of the payment order in person or to send it by e-mail to the Seller) within 2 (two) days from the date of payment.

3.4. The offer comes into force from the moment of transfer money to the settlement account of the Seller and is valid until the Parties fulfill their obligations.

4. TERMS OF SERVICES

4.1. The exact terms for the provision of the Service depend on the complexity of the ordered service and are provided by Seller when the order parameters are agreed. Terms are valid provided that item 3 of the Offer is met and begin to be calculated not earlier than the day of agreement of all order parameters (individually defined properties of the ordered Products).

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Customer has the right:

5.1.1. Require the proper and timely provide Services by the Seller.

5.1.2. Select the parameters (individually defined properties) of the Products that will be taken into account during the providing of the Services.

5.1.2.1. Select an image from the suggested by the Seller, or provide an image, the right to print which it has, which will meet the criteria imposed on such images by the Seller; choose the texture of the Products, sizes, express other wishes for the finished product that the Seller can realize.

5.1.3. Refuse to execute the Offer provided that the Customer has paid the Seller actually incurred expenses in connection with rendering the Services to the Customer.

5.1.4. If the Seller did not start the Services in time or if during providing Services it became evident that they will not be rendered on time, as well as in the event of a delay in the providing Services on his choice:

5.1.4.1. to appoint the Seller a new period during which he must start providing Services and (or) complete the providing Services;

5.1.4.2. Require a reduction in the cost of the Services;

5.1.4.3. terminate the Offer Agreement by paying the expenses actually incurred by the Seller in connection with rendering the Service to the Customer.

5.2. The Customer undertakes:

5.2.1. To pay for the Services in the manner, amount and terms provided for in the Offer and the conditions formed in the process of agreeing the Order for the provision of the Service.

5.2.2. Timely transfer all necessary documents and information to the Seller (the list of documents and necessary information is notified to the Customer on the basis of his wish regarding the volume of the Services provided).

5.2.3. If necessary, carry out preparatory work (development of the original layout, sketches, layout, etc.) to make the necessary amendments and additions, and subsequently to approve the final master layout (sketch) in writing.

5.2.4. In the case of selecting an image, the copyright holder of which is any person other than the Seller, the Customer undertakes to purchase rights to this image allowing it to be edited and printed in the sizes specified by the Customer during the order of the Service and the adjustment of the Product parameters. Carrying out the Acceptance and providing the Seller with the image file for rendering the Service, the Customer confirms that he acquired and executed (in accordance with the current legislation on the protection of intellectual property) the rights to the images specified in this subparagraph of the Offer.

5.2.5. In the case of selecting an image distributed through specialized sites, the copyright holder of which is any person other than the Seller, the relations of the Parties for the acquisition of rights to this image are regulated as follows, unless the Customer declares otherwise:

5.2.5.1. The Seller, on behalf of the Customer on its own behalf or on behalf of the Customer and at the expense of the Customer, acquires the right to an image in the Customer's favor, the copyright of which is the third party. The rights are acquired for printing of the said image for personal purposes or in other volume necessary for rendering the Service taking into account the requirements of the current legislation on the protection of intellectual property.

5.2.6. Do not use the information received from the Seller in ways that could lead to harm to the interests of the Seller.

5.2.7. Use all personal data and other confidential information about the Seller only for receive Services, do not transfer or show to third parties the documentation and information about the Seller that is in his possession.

5.3. The Seller has the right:

5.3.1. Independently determine the staff of specialists providing services, and at their discretion to distribute work among them;

5.3.2. Require payment for services rendered or provided;

5.3.3. The Seller has the right to postpone (suspend) the term of the Service at its discretion unilaterally in the event of a delay by the Customer:

5.3.3.1. payment for the Services;

5.3.3.2. transfer of the image (source material) for use in the course of the providing Services;

5.3.3.3. approval of intermediate results of the providing Services (original layout, sketch, color proof, etc.);

5.3.4. If the source materials presented by the Customer are found to be unfit or poor quality, as well as other circumstances beyond the control of the Seller that can affect the quality of the Services provided, the Seller is entitled to suspend the provision of the Services until the circumstances have been eliminated.

5.3.5. Use the results of the Services provided for non-commercial purposes. Non-commercial use in this case means photographing and using photographs of the results of the Services provided at exhibitions and other events, their publication on the Website, in catalogs, or other activities aimed at advertising the Seller.

5.3.6. To refuse from the execution of the Offer (contract), provided full compensation of harms to the Customer in accordance with the current legislation of the Russian Federation.

5.3.7. Receive from the Customer any information necessary to fulfill its obligations under the Offer (contract). In case of failure to submit or provide inaccurate or incomplete information by the Customer, the Seller has the right to suspend the performance of its obligations under the Offer before submitting the necessary information.

5.4. The Seller undertakes:

5.4.1. Ensure quality provision of the Services within the terms determined in accordance with the terms of this Offer.

5.4.2. To follow the Customer's instructions during the provision of the Services, if such instructions do not contradict this Offer, the current legislation of the Russian Federation and do not constitute an interference with the Operational and Economic Activity of the Seller.

5.4.3. Use all personal data and other confidential information about the Customer only for the providing Services, do not transfer or show to third parties the documentation and information about the Customer that is in his possession.

5.4.4. To give consultations to the Customer on additional questions of the Customer. The complexity of the issue, scope, and timing of consultation is determined in each case by the Seller independently.

5.4.5. To inform the Customer that in the manufacture of the Products, admit a number of errors (hereinafter referred to as "Permissible errors"), the elimination and prevention of which is impossible in connection with the technological features of production. The permissible errors are described in "Information for customers" on the www.affresco-decor.com website.

6. DELIVERY

6.1. The results of the provided Services are transferred by the Seller to the Customer in any Affresco showroom in Moscow city. The current list of Affresco showroom addresses can be found on the www.affresco-decor.com website.

6.2. If the Customer does not have the opportunity to obtain the results of the Services provided in the Affresco showrooms, these results can be delivered to the Customer through the services of a third part- carrier.

6.3. Terms and place of delivery are agreed between the Seller and the Customer after the Seller confirmed received order and contacted the Customer. The cost, terms and place of delivery will be included to the Invoice.

6.3.1. If the order for the goods were placed on the Seller’s website, the Invoice doesn’t include the cost of delivery. The Customer should contact the Seller for the cost, terms and place of delivery.

6.4. The Seller transfers the results of the Services provided, upon agreement with the Customer, to the carrier under standard conditions applicable for similar goods.

6.5. When agreeing on the terms of international delivery the provisions of "Incoterms 2010", adopted by the International Chamber of Commerce, are used.

6.6. For the safety of the results of the Services provided in the process of delivery (transportation), the parties are liable in accordance with the agreed terms of delivery in accordance with paragraph 6.5.

6.7. The moment of transferring the risk of accidental loss or damage to the results of the Services rendered by the Seller to the Customer is determined by the moment of transfer of ownership, in accordance with the agreed delivery conditions according to p. 6.5. Since the transition of the risk of accidental loss or damage to the Goods, all costs and damages associated with the destruction and damage of the Goods for reasons beyond the control of the Seller are borne by the Customer.

7. COST OF SERVICES

7.1. The total cost of the Services is determined in accordance with the parameters chosen by the Customer (individually defined properties) of the Products, based on the prices set by the Seller.

7.2. The total cost of the Services can be changed by agreement of the parties.

8. PAYMENT PROCEDURE

8.1. Payment for the services is carried out in the order of 100% prepayment.

8.2. If after the written approval (or approval by e-mail) of the original layout (sketch), the Customer makes corrections and additions that significantly change the volume of the Services provided, as well as in the case of providing additional options for sketches to the Customer at his request, the Cost of the Services rendered increases in proportion to the increase in the volume of rendered Services.

8.3. In the case of delivery, the Customer pays the Seller the cost of delivering the goods under the agreed terms of delivery.

8.4. Method of payment under the Contract-offer: any method convenient for the Customer, offered by the Seller on the Website.

8.5. Upon completion of the Services, the Customer is provided with relevant documents (a waybill, an act on services rendered, etc.).

8.6. The result of the Services rendered can be transferred to the Customer only after payment of the Services in full.

8.7. The result of the rendered Services is transferred to the Customer or the Customer's Representative.

8.8. The Customer's representative may be third parties authorized by the Customer.

9. PROCEDURE OF RECEIVING-TRANSFER OF SERVICES

9.1. When accepting the results of the Services provided, the Customer must carefully inspect these results for their quality and compliance with the order (dimensions, image, etc.).

9.2. In the absence of a claim to the quality of the Services provided, the Customer undertakes to sign the Acceptance Certificate of the services provided and send it to the Seller’s address in any accessible way.

9.3. The Customer confirms that when signing the Acceptance Act, he recognizes that the Services have been provided to him properly and in full, and that he does not have any claims to the quality of the Services provided.

9.4. In case that the Customer does not submit the Acceptance Certificate to the Seller within 10 (ten) days, the Acceptance Certificate is deemed to be signed by the Customer, the services provided in full and properly, and the claims to the quality of the Services provided are absent.

9.5. Accepting the results of the provided services without verification, the Customer is deprived of the right to refer to the deficiencies that could be established in the usual way of accepting the results of the services rendered (obvious shortcomings).

10. RESPONSIBILITY OF THE PARTIES

10.1. The Parties are responsible for non-fulfillment or improper performance of their obligations under the Contract-Offer in accordance with the legislation of the Russian Federation.

10.2. The Customer is responsible for the materials provided by him. All claims relating to infringement of copyright and other intellectual property rights associated with the provided materials shall be addressed to the Customer, the Seller shall not be liable for these breaches of liability.

10.3. The Customer is responsible for the accuracy of the information provided by him, necessary for the Services providing by the Seller.

10.4. The Seller is liable for mistakes made in the providing Services, except for the cases when these errors were the result of failure to provide / inaccurate / erroneous provision of information necessary for the provision of the Services which the Customer undertakes to provide in accordance with the terms of this Offer, other actions or omissions of the Customer, if there is a cause-and-effect relationship between them and the mistakes made by the Seller.

10.5. In the production from the original layout, in full or in part, manufactured by the Customer, for errors made during its manufacture, the Seller shall not be liable.

10.6. The Seller shall not be liable for the discrepancy of the color tone of the image obtained as a result of the Services provided, the preferences of the Customer, in the event that the Customer declines the "color proof" service. One "color proof" is made free of charge under the condition of ordering the Products. In case of refusal to manufacture the Products, the cost of all manufactured colorproof is retained by the Seller unilaterally from the amount received from the customer in advance.

10.7. In the case of errors in the results of the Services provided to the Customer that do not exceed the above values ​​of the Admissible errors and the absence of other defects, the Services are deemed to be provided with the proper quality. For the presence of permissible errors in the results of the Services provided, the Seller shall not be liable.

10.8. The Seller shall not be liable:

10.8.1. for the possible inconsistency of the size of the Produced Product specified by the Customer for the actual dimensions of the surfaces for which the Products are planned to be assembled and associated inconsistencies in the image;

10.8.2. for the color reproduction of the manufactured products (discrepancy between the color of the original image printed) and the Customer refusal to perform the preliminary colorproof;

10.8.3. for non-compliance with any requirement of the Customer, not indicated in the order form or in electronic correspondence;

10.8.4. for the quality of the installation of the Products.

10.9. Products manufactured on an individual order, having individually defined properties, taking into account the picture (image) chosen by the Customer, sizes or invoices, can not be exchanged (returned).

10.10. Products cut, mounted, with any marks, damages caused by the Customer's fault (initiative), shall be deemed to be accepted by the Customer as Products of appropriate quality and exchange (return) are not subject.

11. SETTLEMENT OF DISPUTES

11.1. The parties establish a binding dispute settlement procedure.

11.2. The Customer is informed that all claims for quality and availability of defects in the manufacture of the Products can be satisfied only up to the moment of the implementation of the installation of the Products. After the installation is completed, the claims are accepted only if documents are submitted confirming that the installation was carried out in accordance with the instructions for mounting the Products prepared according to the instructions that meet the criteria necessary for the installation of the Products and a qualified installation technician. This provision is introduced in connection with the lack of the ability to establish reliably the cause of the origin of the defect or the deterioration in the quality of the Products, after the installation has been carried out.

11.3. The time for consideration of the claim letter is 30 (thirty) working days from the date of receipt of the last addressee.

11.4. Disputes between the Parties are resolved through negotiations, if the Parties can not find a mutually acceptable solution, the dispute is subject to consider in the court at the location of the Seller (contractual jurisdiction).

12. OTHER CONDITIONS

12.1. In the case of a dispute, the Parties shall be guided by the following definition of defect: the defective product is considered the use of which is not possible by appointment by the Customer. Reproduction of defective products or refunds is made by the Seller only on condition that the defective order (Products) is returned in full and in the form in which it was received by the Customer.

12.2. The Parties acknowledge that any deficiencies relating to the individual preferences of the Customer or to his subjective perception of the quality of the Services provided are not grounds for recognizing Services provided with improper quality.


Seller’s Requisites RUB:

ИП Бурятова Лариса Николаевна

115035, г. Москва, Космодамианская наб., д.32/34, кв. 104

ОГРИП: 313774602201505

Св-во серия 77 № 015389439 от 23.01.2013г.

ИНН: 773604362877

Св-во серия 77 № 015389440 от 11.05.2000 г.

ОКПО: 0187099219

ОКВЭД 52.48

"СДМ-БАНК" (ПАО)

БИК: 044583685

К/с: 30101810600000000685

Р/c: 40802810201030000141


Seller’s Requisites USD:

IP Buryatova Larisa Nikolaevna

115035, Moscow, Kosmodamianskaya Embankment, 32/34, flat 104

OGRIP: 313774602201505

INN 773604362877

Bank details of the Seller:

Name of bank SDM-Bank (PJSC)

Intermediary bank Deutsche Bank Trust Company Americas,New York, USA
SWIFT code (BIC): BKTR US 33

Beneficiary’s bank correspondent account 04413398

Beneficiary’s bank of SDM-Bank PJSC, Moscow, Russia

SWIFT code (BIC): SJSC RU MM

Beneficiary’s account 40802840801031000141


Seller’s Requisites EUR:

IP Buryatova Larisa Nikolaevna

115035, Moscow, Kosmodamianskaya Embankment, 32/34, flat 104

OGRIP: 313774602201505

INN 773604362877

Name of bank SDM-Bank (PJSC)

Intermediary bank Deutsche Bank AG, Frankfurt on Main, Germany

SWIFT code (BIC): DEUT DE FF

Beneficiary’s bank correspondent account 949735510

Beneficiary’s bank of SDM-Bank PJSC, Moscow, Russia

SWIFT code (BIC): SJSC RU MM

Beneficiary’s account 40802978401031000141