Draft Recommended Offer for Online Store
Company “MilaBrush LLC”
Public Offer Agreement on the sale of goods online store “5029 81064722” № 319508100040101
1. General Provisions
1.1. “MilaBrush LLC”, The” Seller “, publishes a public offer for the sale of goods on samples presented on the official website of the Seller https://www.milabrush.com/
1.2. In accordance with Article 437 of the Civil Code of the USA, this document is a public offer, and in case of accepting the conditions set out below, an individual who accepts this offer will pay for the Seller’s Goods in accordance with the terms of this Agreement. In accordance with paragraph 3 of Article 438 of the Civil Code of the USA, payment for the Goods by the Buyer is an acceptance of the offer, which is considered equivalent to the conclusion of the Agreement on the conditions set out in the offer.
1.3. Based on the above, carefully read the text of the public offer, and if you do not agree with any point of the offer, you are invited to refuse to purchase the Products or use the Services provided by the Seller.
1.4. The following terms have the following meanings: • “Offer” is the Seller’s public offer, addressed to any individual (citizen), to conclude a sale and purchase agreement with him (hereinafter referred to as the “Agreement”) under the existing conditions contained in the Agreement, including all its annexes. • “Buyer” – an individual who has entered into an Agreement with the Seller on the terms contained in the Agreement. • “Acceptance” – the full and unconditional acceptance by the Buyer of the terms of the Agreement. • “Product” – the list of items of the range presented on the official website. • “Order” – individual items from the assortment list of the Goods, indicated by the Buyer when placing an order on the Internet site or through the Operator. • “Delivery” – courier services for the delivery of the Order.
- Subject of the contract
2.1. The Seller sells the Goods in accordance with the current price list published on the Seller’s website “https://www.milabrush.com/”, and the Buyer makes the payment and accepts the Goods in accordance with the terms of this Agreement.
2.2. This Agreement and its annexes are official documents of the Seller and an integral part of the offer.
3.1. Ordering of the Goods is carried out by the Buyer via the website https://www.milabrush.com/.
3.2. When registering on the Seller’s Internet site, the Buyer undertakes to provide the following registration information about himself: • Last name, first name, • Actual delivery address; • E-mail address; • contact phone (mobile, landline).
3.3. When placing an Order through the Operator, the Buyer undertakes to provide the information specified in clause 3.2. actual agreement. The Buyer accepts the terms of this Agreement by means of the Buyer entering the relevant data into the registration form on the Internet site or when placing the Order through the Operator. The buyer has the right to edit the registration information about yourself. The Operator does not change or edit the registration information about the Buyer without the consent of the latter. The Seller undertakes not to disclose the Buyer’s data provided during registration on the site. https://www.milabrush.com/ . and when placing the Order, to persons not related to the execution of the Order. Having approved the Order of the selected Goods, the Buyer provides the Operator with the necessary information in accordance with the procedure specified in clause 3.2. actual agreement.
3.4. The Seller and the Operator are not responsible for the content and accuracy of the information provided by the Buyer when placing the Order.
3.5. The buyer is responsible for the accuracy of the information provided when ordering.
3.6. Payment by the Buyer of an Order placed on the Website itself means the Buyer’s consent to the terms of this Agreement. The day of payment of the Order is the date of the conclusion of the Sale and Purchase Agreement between the Seller and the Buyer.
3.7. All informational materials presented on the site https://www.milabrush.com/are for reference only and cannot fully convey reliable information about certain properties and characteristics of the Goods. If the Buyer has any questions regarding the properties and characteristics of the Goods, before placing the Order, he must contact the Operator for advice.
- Terms of order execution
4.1. The date of execution of the Order depends on the availability of the ordered items of the Goods in the warehouse of the Seller and the time required for processing the Order. The deadline for fulfillment of the Order in exceptional cases may be agreed with the Buyer individually, depending on the characteristics and quantity of the Goods ordered. In the absence of part of the Order in the warehouse of the Seller, including for reasons beyond the control of the latter, the Seller shall have the right to cancel the specified Goods from the Buyer’s Order. The Seller undertakes to notify the Buyer about the change in the completeness of his Order through the Operator.
4.2. The order is deemed delivered at the time of its transfer to the Buyer. By signing on the courier sheet, the Buyer confirms the execution of the Order.
4.3. If the Buyer provides inaccurate information of his contact information, the Seller is not responsible for improper execution of the Order.
4.4. In case of improper execution of the delivery of the Order due to the fault of the Seller, the repeated delivery of the Order is free of charge.
- Payment Order
5.1. Payment of the completed Order is carried out by the Buyer transferring funds to the Delivery Officer. The confirmation of the payment of the executed Order is a receipt.
5.2. Prices for any positions of the Goods indicated on the website “https://www.milabrush.com/“May be changed by the Seller unilaterally without notifying the Buyer. In the event of a change in the price of the ordered items of the Goods, the Operator undertakes to inform the Buyer about such a change as soon as possible. The buyer has the right to confirm or cancel the order. In the absence of communication with the Buyer, the Order is considered canceled within 14 calendar days from the date of registration.
5.4. For all orders with delivery in USA, the conditions are listed on the company’s website “MilaBrush LLC” https://www.milabrush.com/. in the section “Payment and delivery”. They must be agreed with the Operator.
5.5. Cash is accepted in two ways: cash, non-cash payment
- Delivery of goods.
6.1 The Seller’s obligation to deliver the Goods with the condition of its delivery shall be deemed fulfilled from the moment the Buyer signs the shipping documents.
6.2. The ownership of the Goods and the risks of accidental damage and / or destruction of the Goods are transferred to the Buyer from the moment of the actual transfer of the Goods and signing of shipping documents to them upon delivery of the Goods to the Buyer.
6.3 Shipping costs and conditions are listed on the company’s website «https://www.milabrush.com/».
- Return Order
7.1. In accordance with paragraph 4. of Art. 26.1. RF Law No. 2300-I “On Protection of Consumer Rights”, the Buyer has the right to refuse the ordered Goods at any time prior to the execution of the Order.
7.2. The Buyer does not have the right to refuse the paid Order (or its part) of proper quality, which has individually determined properties.
7.3. In accordance with clause 2 of the “List of non-food goods of good quality that cannot be returned or exchanged for a similar product of other size, shape, size, style, color or picking”, approved by the Decree of the Government of the USA of January 19, 1998 No. 55.
7.4. If the Seller delivers the Order of inadequate quality, the Buyer undertakes to provide the Goods to the Seller’s office as soon as possible in order to verify the quality of the Goods.
7.5. In accordance with Art. 22 of the Law of the USA No. 2300-I “On Protection of Consumer Rights”, the amount paid by the Buyer for the Goods of inadequate quality shall be refunded to the Buyer within 10 calendar days from the moment of filing the relevant requirement. Refunds are made in cash at the Seller’s office; in case of a paid delivery, the money is not returned for it. In case the Goods were paid through the electronic payment system, the refund is carried out to the Buyer’s electronic account within 5 working days.
7.6 Goods of good quality, non-returnable in accordance with the Decree of the Government of the USA of 20.10.1998 N 1222, of 06.02.2002 N 81:
Products and materials in contact with food from polymeric materials, including for single use (dishes and tableware and kitchen accessories, containers and packaging materials for storing and transporting food products)
Non-recurrent publications (books, brochures, albums, cartographic and music publications, sheet from-editions, calendars, booklets, publications reproduced on technical media) (paragraph 14 introduced by the Decree of the Government of the USA of 06.02.2002 N 81)
Products made of precious metals, with precious stones, precious metals with inserts of semi-precious and synthetic stones, faceted precious stones.
7.7. Return of the Goods shall be made on the basis of the Buyer’s written request submitted to the Seller’s sales office.
7.8. Return of goods of good quality is carried out at the expense of the Buyer and is organized by them independently.
7.9. Return of Goods is made on weekdays from 10-00 to 17-00 in the sales office of the Seller.
7.10. When the Buyer returns the Goods of good quality, an invoice or an act of returning the goods is drawn up, which states:
- full name of the Seller;
- surname, name, patronymic and passport data of the Buyer;
- Name of product;
- reason for returning the goods;
- date of transfer of the goods;
- refundable amount;
- Signature of the Seller and the Buyer.
7.11. Return of the cost of the Goods shall be made no later than 10 (ten) days from the date of the provision of the relevant requirement by the Buyer.
7.12. In order to return money to the bank card, the Customer must fill in the “Application for the return of funds”, which is sent upon request by the Company to the Customer’s email address, and send it along with a copy of the passport to the address: email@example.com. Refunds will be made to the Customer’s bank account specified in the application within 10 (ten) business days from the date of receipt of the “Application for Cash Refunds” by the Company.
To return the funds credited to the Company’s account by mistake through payment systems, the Customer must submit a written application and a copy of the passport and checks / receipts confirming the erroneous transfer. This application must be sent to: firstname.lastname@example.org. After receiving a written application with a copy of a passport and checks / receipts, the Company will return up to 10 (ten) working days from the date of receipt of the application to the Customer’s current account specified in the application. In this case, the refund amount will be equal to the value of the Order.
The term for consideration of the Application and return of funds to the Customer begins to run from the moment the Company receives the Application and is calculated in business days excluding holidays / weekends. If the application is received by the Company after 6:00 pm on a business day or on a holiday / day off, the next business day is considered the moment the Company receives the Application.
The Buyer must provide the Seller with the requirement to return the goods either in writing at the address: in e-mail to email@example.com. The request may be made in a free form with the obligatory indication of the contact information of the Buyer, which coincides with those specified when ordering the Goods, the name of the returned Goods and the reasons for the return. The buyer has the right to ask any questions to the Seller by phone 7 (925) 660 05 44.
8.1. All text information and graphic images posted on the https://www.milabrush.com/ website are the property of the Seller and / or its suppliers and manufacturers of the Goods.
- Rights, Responsibilities and Responsibilities
9.1. The Seller is not responsible for the improper use of the goods by the Buyer, ordered on the website or through the Operator.
9.2. The seller has the right to transfer his rights and obligations for the execution of orders to third parties.
9.3. The seller has the right to record telephone conversations with the Buyer. In accordance with paragraph 4 of Art. 16 of the Federal Law “On Information, Information Technologies and Information Protection” the Seller undertakes to: prevent attempts of unauthorized access to information and / or transmission to persons who are not directly related to the execution of Orders; timely detect and prevent such facts. Telephone conversations are recorded in order to monitor the activities of the Operator and monitor the quality of execution of Orders.
9.4. The ownership of the Order, as well as the risk of accidental loss of or damage to it, shall pass to the Buyer from the moment the funds are transferred to the Delivery employee.
9.5. All claims for improper execution of the order, the Buyer has the right to send to the email address listed on the website https://www.milabrush.com/, in the section Contacts All received information is processed as soon as possible.
CEO: Charles A. Gonzalez
Chief Accountant: Simon L. Wise