PUBLIC OFFER OF TrigMic ONLINE SHOP
1. GENERAL PROVISIONS
1.1. The Individual Entrepreneur Mudrenov I.Yu., being a resident of Russian Federation, publishes the proposal – a public offer (hereinafter referred to as the Offer) to sell of goods through the Online Shop TrigMic in accordance with article 435 and paragraph 2 of article 437 of the Russian Federation Civil Code (hereinafter referred to as the Civil Code).
1.2. The Offer can be accepted by any capable individual outside the territory of the Russian Federation with the intention to purchase goods for the personal use provided by IE Mudrenov I.Yu. (hereinafter referred to as the Seller) through the Online Shop TrigMic located on the website http://trigmic.com.
1.3. An individual is considered to have accepted all terms and conditions of the Offer (the acceptance of the Offer) in full and without exceptions since the payment of goods. Acceptance of Offer means entering into an Agreement for sale of goods (hereinafter referred to as the Agreement) on terms and conditions set out in this Offer.
1.4. The Offer shall come into force from the moment of its placing on the website http://trigmic.com and is valid until its revocation by the Seller.
The Buyer is a capable individual outside the Russian Federation who has placed an order and paid for it in the Online Shop TrigMic under the terms and conditions of the Offer (accepts the Offer).
The Seller is IE Mudrenov I.Yu., INN (Taxpayer Identification Number) 772134678941, Legal address: apt. 93, Tashkentskaya 25-1, Moscow, Russian Federation;
TrigMic is registered trademark owned by the Seller, US Trademark reg.no. 4525047.
Online Shop is a website with internet address http://trigmic.com owned by the Seller and intended for distant sale of Goods to the Buyer on the basis of the terms and conditions of the Agreement (the Offer).
Goods are material objects purchased by the Buyer in the Online Shop for the personal use.
The Order is the Buyer’s decision to purchase goods ordered and paid in the Online Shop.
The Carrier is a legal entity carrying on activities for the international transportation of Goods.
Personal data is surname, first name, telephone number, e-mail address and any other information relevant to the Buyer.
The Parties mean the Seller and the Buyer jointly.
3. THE SUBJECT OF THE AGREEMENT
3.1. The Seller shall transfer to the Buyer the ownership of the Goods in accordance with the terms and conditions and prices set out in the Offer, and the Buyer shall pay for and accept the Goods ordered in the Online Shop.
3.2. The Seller shall have the right to change at any time as the Seller likes the terms and conditions of the Offer. In case of amendments to the Offer they shall enter into force from the moment of their placing on the website in the Online Shop http://trigmic.com
4. CONDITIONS OF GOODS SALE
4.1. The Buyer shall independently place the Order in the Online Shop through the special order form on the website http://trigmic.com under the terms and conditions of the Offer.
4.2. While making on the Order the Buyer is obliged to provide the following information:
full name, phone number, e-mail address, delivery address.
4.3. The information about the Goods such as description, technical specification and set of delivery is placed on the product pages of Online Shop. The Seller reserves the right to expand or reduce the commodity offer on the website in the Online Shop, to manage the access to the purchase of any Goods, as well as to suspend or discontinue the sale of any Goods at the Seller’s discretion.
4.4. The Seller is not responsible for the contents or reliability of the information provided by the Buyer while making on the Order.
4.5. While making on the Order the Buyer is responsible for reliability of information provided and their independence of third party claims.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Seller shall:
5.1.1. deliver Goods in assortment, quantity and on time stipulated by the Order and the terms and conditions of the Offer.
5.1.2. guarantee that the quality of goods in full conformity with the quality requirements for similar Goods in the territory of the Russian Federation, the United States of America and the European Union.
5.1.3. provide guarantee in accordance with the terms and conditions of the Agreement.
5.1.4. consider the Buyer’s claims in accordance with the terms and conditions of the Agreement and shall take measures to their satisfaction.
5.1.5. replace Goods or refund money pursuant to the terms and conditions of the Agreement.
5.2. The Seller has the right:
5.2.1. not to accept claims for return Goods in case of:
a) absence of the Bill of Lading;
b) packaging or loss of vendibility;
c) detection of external damage of Goods;
d) traces of use;
e) in other cases stipulated by the Agreement and the warranty coupon.
5.2.2. To engage third parties for the performing of the Agreement.
5.3. The Buyer shall:
5.3.1. pay for Goods according to the terms and conditions of the Agreement and the Order.
5.3.2. examine quantity, completeness and assortment of the Order upon the receipt of Goods;
5.3.3. inform the Seller within one day in case of shortage or improper packaging of Goods.
5.4. The Buyer has the right:
5.4.1. to demand the refund of the prepayment if the Seller fails to perform his obligations in Goods delivery.
5.4.2. to get information about Goods, their consumer properties and their place of manufacture.
6. PRICE OF GOODS
6.1. The price of Goods in the Online Shop is fixed in US dollars per item and does not include any taxes.
6.2. The price indicated on the website may be changed by the Seller unilaterally. The price for Goods paid by the Buyer is not subject to change.
6.3. While making on the Order the payment shall be made by 100% advance payment via international electronic money payment system Paypal.
7. DELIVERY OF GOODS
7.1. The Goods delivery is carried on by the Carrier chosen by the Buyer with the help of “Delivery service chooser” in the Order form taken from the website in the Online Shop.
7.2. The procedure, period and delivery price shall be calculated on the base of the weight and volume of Goods ordered, the delivery address, the Carrier’s price. The Buyer pays shipping cost separately.
7.3. The Seller hands over Goods to the Carrier within 5 calendar days after the Buyer’s paying for the Order. The Seller’s obligations shall be considered to be fulfilled from the moment of the handing over Goods to the Carrier.
7.4. Ownership and the risk of accidental loss of Goods shall pass from the Seller to the Buyer at the time of the handing over Goods to the Carrier and signing the Bill of Lading.
7.5. Within 5 calendar days after handing over Goods to the Carrier the Seller shall send to the Buyer to his e-mail address the Agreement, the information about the Order and the Carrier, the tracking code and other information necessary for tracking the delivery of the Goods.
7.6. Together with a standard set of Goods listed on the website in the Online Shop the Seller shall send to the Buyer the Agreement, Invoice and warranty coupon.
8. GOODS WARRANTY
8.1. The warranty period for Goods is 12 months since the date of Goods receipt by the Buyer.
8.2. The Seller is responsible for the warranty repair of Goods. Repair works should be proceed in the service center recommended by Supplier. The repair period is no more than 30 working days excluding date of delivery. The delivery of Goods to the service center shall be at the expense of the Buyer.
8.3. In case of necessary warranty repair the Buyer shall to notify the Seller about product fault via the contact form on the Online Shop. The Seller shall consider the Buyer’s application and provide the contact information of nearest service center and the procedure of interaction with them within 5 work days.
8.4. The Buyer has the right for repair of Goods if their defects are not caused by the violation of the rules of their usage, storage or transportation of Goods, actions by third persons or force-majeure.
8.5. Warranty void in the following cases:
– violations of rules of usage;
– external damage exists;
– fault because of entering alien parts (also insects or liquids) into the device;
– damages by contact with aggressive chemicals;
– damages by high temperature;
– damages by usage of incompatible battery cells;
– damages in case of unauthorized actions such as mechanical remodeling, software hacking, reverse engineering etc.
– absence of the Warranty Card with the corresponding serial number;
– absence of the Warranty Card and/or the Buyer`s signature on it;
– device serial number mismatch the serial number on Warranty Card;
– any correction or blots in the Warranty Card
– the damage or signs of reposition of warranty stickers,
– the presence of extraneous stickers and labels.
8.6. Goods with traces of repair or opening without a mark of repair in the warranty coupon are not accepted for warranty service.
8.7. The Certificate of Goods conformity to the demands of the Russian Federation legislation is not required. The Buyer is obliged to get the Certificate of Goods conformity in accordance with the Buyer’s country legislation.
9. RETURN OF GOODS
9.1. The Buyer has the right to return proper quality Goods within 14 days from the date of their purchase if they were not used, keep a marketable appearance, consumer characteristics, factory labels, and documents proving the fact of purchase and the terms and conditions of the Agreement.
9.2. Rejection of improper quality Goods.
9.2.1. Improper quality Goods mean defective Goods which cannot provide their functional qualities.
9.2.2. Return and replacement of improper quality Goods shall be made during the warranty period upon the written request of the Buyer.
9.2.3. Should the Buyer find Goods defects within the warranty period, he is obliged to send to the Seller:
– written claim describing deficiencies;
– documents received while buying Goods;
– original packaging
9.2.4. The term of consideration of the Buyer’s claim is 10 working days from the date of its receipt. In case of any manufacturing defects Goods can be replaced by similar Goods of proper quality.
9.3. The return and replacement of proper quality Goods shall occur within the warranty period upon the written Buyer ‘s claim after discovery of damage shortcomings. The time of expertise and answer to the Buyer’s claim is 30 calendar days. The return and replacement of Goods take place if their marketable appearance, consumer properties, documents confirming in the time of purchase available.
9.4. The term of refund money is 10 working days from the date of Goods return (in case of proper quality Goods) or from the date of expertise which proved Goods to be defected or improper without the Buyer`s fault.
10. LIABILITY OF THE PARTIES
10.1. The Parties are responsible for the fulfillment of their obligations under the Agreement in accordance with the current laws of the Russian Federation.
10.2. The Seller is not responsible for Goods damages caused to the Buyer if the latter did not use Goods properly.
10.3. Provisions of article 317.1 of the Civil Code shall not be applied to the legal relations of the Parties arising out of the Agreement.
10.4. The Seller shall not be liable for Buyer’s loss of profits and shall only reimburse the real damage confirmed with adequate documents.
11. PERSONAL DATA PROTECTION
11.1. Personal data
When the Buyer places an order, responds to a survey or fills out a form the Seller collects the personal data:
name, postal address, e-mail address, phone number, date of birth, identification card and credit card information.
Any of the information the Seller collects from the Buyer may be used in one of the following ways:
to personalize the Buyer`s experience;
to improve the website in the Online Shop;
to improve customer service;
to process transactions;
to administer a contest, promotion, survey or other site feature;
– to send emails.
The Seller shall guarantee the confidentiality and security of the
Personal data of the Buyer during its storage and processing in accordance with the Federal Law № 152-FZ dated July 27, 2006 “On personal data”, legislation of the United States of America and the European Union legislation .
The Seller is obliged to use the Buyer’s personal data only for the purposes of the Agreement. The Personal data shall not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. This does not include trusted third parties who assist the Seller in operating his website, conducting his business, or servicing the Buyer, so long as those parties agree to keep this information confidential. The Seller may also releases that information when he believes release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. But Seller shall not sell or share any information at the individual customer level. The Buyer`s IP address is maintained for administrative and technical purposes only.
The Seller shall implement a variety security measures to maintain the Personal data protected against theft, loss, and corruption, the misuse and alteration of any personal data stored on the Seller`s servers. The Seller uses only the highest industry standard secure server (SSL) for transferring credit card information across the internet. Personal data is made available only to selected employees who require the information to process orders. However, the Seller does not guarantee that these measures are, or will remain, adequate. When the Buyer accesses his account via a public or unsecured computer terminal or if the Buyer chooses to share his account username and password (“Electronic Identification Information”), cannot guarantee the security of account data. It is the Buyer’s obligation to ensure that its Electronic Identification Information is kept secret.
11.4. Usage of cookies
11.5. By accepting the Offer the Buyer agrees to the processing of his Personal data by the Seller and his counter-parties for the purposes of the Offer in accordance with the Federal law “On personal data” dated July 27, 2005.
12. FORCE- MAJEURE
12.1. Should any circumstances arise preventing either of the Parties from fulfilling the obligations under the Agreement partially or in full, namely: fire, natural disasters, war, military operations of any character, bans on export or import, transport or industrial accidents, the global disruptions in Russian and international segments of the Internet or other circumstances beyond the control of the Parties, the fulfillment of the obligations under the Agreement is to be extended for a period equal to the duration of these circumstances.
12.2. The Party which is unable to fulfill his obligations under the Agreement is to notify within 5 calendar days the other Party of the occurrence and cessation of the above circumstances.
12.3. Should the duration of the above circumstances exceed more than 6 months, each Party has the right to suspend further performance of the Agreement and in this case neither Party has no right to demand compensation for eventual losses from the other Party.
13. OTHER TERMS AND CONDITIONS
13.1. The Agreement on the basis of the Offer shall be deemed concluded from date the payment for Goods by the Buyer and shall be effective until complete fulfillment of the obligations by the Parties.
13.2. The Agreement is governed by the Russian Federation law.
13.3. All disputes and differences which may arise from the Agreement the Party shall try to settle by means of the complaint procedure. The Buyer should send a claim to the Seller’s email. The term of consideration of the Buyer’s claim is 10 working days from the date of its receipt. If the Parties do not come to an agreement, the Buyer has the right to appeal to the court at the Seller’s location.
14. DETAILS OF THE SELLER
IE Mudrenov I.Yu.,
INN (Taxpayer Identification Number) 772134678941,
Legal Address: apt. 93, Tashkentskaya 25-1, Moscow, Russian Federation
PSRNIE (Primary State Registration Number of Individual Entrepreneur) 312774630400191
telephone number: +79168484105
e-mail address: firstname.lastname@example.org