1.1. This document constitutes an official public offer by Individual Entrepreneur ANASTASIA YUR’EVNA KOSOVA (KRIVOKOSO) (hereinafter referred to as the “Online Store”) and contains all material terms and conditions governing the ordering and sale of Goods and/or Services, as well as their delivery to the Buyer.
1.2. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, upon acceptance of the terms set forth below and payment for the Goods and/or Services, the legal entity or individual accepting this offer becomes the Buyer (in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, acceptance of an offer is equivalent to the conclusion of a contract on the terms set forth in the offer), and the Online Store and the Buyer together become the Parties to the Offer Agreement.
1.3. In light of the foregoing, please carefully review the text of this offer. If you do not agree with its terms and conditions, or with any other provision of its terms, the Online Store suggests that you decline to enter into the Offer Agreement and instead use the Online Store’s services by entering into a direct service agreement.
2. DEFINITIONS
2.1. For the purposes of this Offer, the terms listed below shall have the following meanings:
“Offer” — this document, a Public Offer, for the conclusion of a sale and purchase transaction, under which one party (the Online Store) undertakes to transfer the Goods and/or provide the Services to the other party (the Buyer), and the Buyer undertakes to accept such Goods and/or Services and pay the amount (price) set by the Online Store.
“Acceptance of the Offer” means the full and irrevocable acceptance of the Offer by performing the actions specified in Section 4 of this Offer. Acceptance of the Offer constitutes the Offer Agreement.
“Offer Agreement” — a sales contract concluded between the Buyer and the Online Store through the acceptance of this agreement.
“Buyer” means the person who has accepted the Offer and placed an order for Goods and/or Services via the website at https://krivoikoso.com or through another official account.
“Online Store” means the seller of Goods and/or Services that sells and delivers them to the Buyer.
“Goods” means food products, related Goods, and/or Services ordered based on samples presented on the website at krivoikoso.com.
2.2. This Offer may contain terms not defined in Section 2.1. In such cases, the interpretation of such terms shall be in accordance with the text of this Offer. If there is no unambiguous interpretation of a term in the text of the Offer, the interpretation of the term shall be based, first and foremost, on the Online Store’s website and, secondarily, on the interpretation established on the Internet.
3. SUBJECT MATTER OF THE AGREEMENT
3.1. The subject matter of this offer is the sale of Goods and/or Services to the Buyer, in accordance with the terms of the offer and the prices listed at https://krivoikoso.com/publicoffer/, as well as the Buyer’s payment for and acceptance of the Goods and/or Services, in accordance with the terms of this contract.
3.2. The Public Offer is an official document and is published on the Online Store’s website.
3.3. The Online Store has the right to change the price of the Goods and/or Services, the terms of this Public Offer, and any amendments to the Public Offer without prior agreement with the Buyer, provided that the revised terms are published on the Online Store’s website and in a location publicly accessible for review of these documents at least one day before they take effect.
4. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE CONTRACT
4.1. The Buyer accepts the Offer by paying for the Goods and/or Services, which constitutes the conclusion of a retail sales contract under the terms set forth in this Offer. The contract is deemed concluded from the moment the Buyer is issued a cash register receipt, sales receipt, or other document confirming payment for the Goods and/or Services (including, but not limited to, a bank confirmation of payment made by the Buyer via a bank card), or upon the Seller’s receipt of a notification of the Buyer’s intention to purchase the Goods and/or Services.
5. DESCRIPTION OF SERVICES
5.1. The online store is an information system for the Buyer to search for, order, and pay for Goods and/or Services offered by the Seller.
5.2. If the ordered Goods and/or Services are out of stock at the time the order is accepted, a Seller’s employee has the right to agree with the Buyer on a replacement for the Goods and/or Services, or to exclude the unavailable Goods and/or Services from the order.
5.3. Upon receipt by the Seller of an order for the delivery of Goods, a delivery service representative will contact the Buyer using the contact method specified by the Buyer when placing the order.
5.4. The Goods are delivered to the address specified by the Buyer when placing the order, subject to confirmation of delivery by the Seller. Delivery is made on the date and at the time agreed upon with the Buyer. The Seller confirms delivery by telephone.
5.5. The Buyer agrees to receive calls from the Seller’s operators and couriers and from the delivery service, as well as SMS messages and emails regarding the fulfillment of the order, at the phone numbers provided by the Buyer during registration and/or when placing the order, and to receive messages via other specified means of communication. The Buyer agrees to accept the ordered Goods from a delivery service employee or a person authorized by the delivery service at the address specified by the Buyer during registration and/or when placing the order.
5.6. At the time of placing the order, the Buyer is obligated to provide the Seller and/or the delivery service with the most accurate information possible regarding their location at the address specified by them, as well as to ensure free and unimpeded access for a delivery service employee or a person authorized by the delivery service to the address specified by the Buyer.
5.7. All materials presented in the online store are for informational purposes only and do not always fully convey accurate information about the properties of the Products and/or Services. Information regarding the consumer properties of the Products (nutritional and energy value, storage conditions, ingredient manufacturers, etc.) is provided based on data supplied by the suppliers of the Products and/or Services. The Seller and the Manufacturer are not liable for any discrepancies between this information and the actual characteristics of the Products. The shelf life of the delivered Goods and their ingredients is indicated on the packaging. The Seller and the Manufacturer are not liable for any damage caused by the Buyer’s failure to comply with the specified conditions and shelf life of the purchased Goods and ingredients.
6. TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES
6.1. To place an order in the Online Store, the Buyer must fill out the contact information form, thereby confirming that they have read this offer and agreeing to provide accurate and complete information about themselves in response to the questions posed in the form.
6.2. If the Buyer provides incorrect information, or if the Online Store or the Seller has serious grounds to believe that the information provided by the Buyer is incorrect, incomplete, or inaccurate, the Online Store reserves the right to suspend the Buyer’s right to use its Services.
6.3. The Buyer hereby agrees that the information provided, which may contain the Buyer’s personal data, will be used for the purpose of further processing and fulfilling orders in the Online Store and the Seller’s divisions. When placing an order, the Online Store and the Seller process personal data in accordance with Article 6 of Federal Law No. 152-FZ “On Personal Data.” The Seller undertakes to take all measures provided for by applicable law to adequately protect the personal data received and not to disclose it to third parties, except in cases where such disclosure is necessary for the Seller to fulfill its obligations to the Buyer for the purposes of this Agreement.
6.4. By providing their phone number and email address, the Buyer agrees to receive informational SMS and email messages from the Seller or the Online Store Owner.
6.5. After reviewing the List of Products and/or Services posted on the online store’s website at https://krivoikoso.com and selecting the type of Products and/or Services, the Buyer places an order.
6.6. Goods are deemed accepted without complaint, and Services are deemed to have been rendered properly and in full, if, within three days of the service being rendered, the Buyer has not filed a written complaint regarding any unused Goods and/or Services. In the absence of a written claim, the acceptance certificate for the completed work (services) is deemed signed, and the Services are deemed to have been rendered properly.
6.7. Upon the rendering of the Services under this agreement, the Parties shall have no claims against each other.
7. COST OF SERVICES AND PAYMENT PROCEDURES UNDER THE AGREEMENT
7.1. The shipping cost and payment methods for the purchased Goods and/or Services are specified in the relevant sections of the krivoikoso.com website. By placing an order, the Buyer acknowledges that they have been informed of and agree to pay the cost of the Goods and/or Services, as well as the cost of shipping the Goods.
7.2. Payment is made by the Buyer via online payment on the krivoikoso.com website, using the Quick Payment System, or upon delivery:
7.3. Upon receipt of the Goods and/or Services and payment thereof, the Buyer is required to sign the accompanying documents, indicating acceptance or refusal of the order (or part thereof) and the amounts paid.
7.4 The Buyer is obligated to pay the cost of the Goods and/or Services accepted by the Buyer, as well as the cost of shipping and packaging, in the amount stated at the time of payment, including all applicable taxes.
8. RETURNS OF GOODS OR REFUNDS
8.1. The Buyer has the right to cancel an order for Goods at any time, but no later than 24 hours before the agreed delivery time (“Order Fulfillment Time”), unless the item is a custom-designed product. The Order Fulfillment Time is the moment the Goods are handed over to the Seller’s courier for delivery, as confirmed by a notation on the sales receipt included in the accompanying documents for the Goods. For payments made by credit card, the refund will be issued to the card used for the original payment or to another card or bank account specified by the Buyer in writing. The Buyer may not refuse to accept a paid Order (or part thereof) that is of satisfactory quality. Goods of satisfactory quality are not subject to exchange or return.
8.2. If the Goods were delivered to the address and within the time frame specified in the order but were not accepted by the Buyer for reasons beyond the Seller’s control (the Buyer’s refusal to accept Goods of satisfactory quality; the Buyer provided an incorrect address when placing the order, no one accepted the Goods at the specified address within 15 minutes of the scheduled delivery time, and no one answered the phone number provided when placing the order, etc.), the Seller has the right to demand that the Buyer reimburse the full cost of the unaccepted Goods. If payment was made by bank transfer, the Seller will not issue a refund. If payment was to be made in cash, the Seller has the right to demand that the Buyer pay the full cost of the unaccepted Goods.
8.3. If defects are discovered in the Goods, the Buyer has the right, at its discretion, to demand that such Goods be replaced with Goods of proper quality or to demand a commensurate reduction in the purchase price. Instead of making the aforementioned claims, the Buyer has the right to reject the purchased Goods and demand a refund of the amount paid for the Goods. In this case, the Buyer must return the received Goods to the Seller at their own expense.
8.4. In accordance with Article 22 of the Law of the Russian Federation “On the Protection of Consumer Rights,” the amount paid by the Buyer for a Product of inadequate quality shall be refunded to the Buyer within 10 (ten) calendar days from the date the relevant claim is made. Claims regarding the quality of the Goods may be filed by the Buyer with the Seller within the shelf life of the ingredients included in the Product.
9. TERMS OF USE FOR MATERIALS POSTED IN THE ONLINE STORE
9.1. The online store contains copyrighted materials, trademarks, and other legally protected materials, including, but not limited to: text, photographs, and graphic images.
9.2. The Online Store holds exclusive rights to use the content of the Online Store (including the right to select, arrange, organize, and transform the data contained in the Online Store, as well as the source data and materials), except as otherwise specified in the content published on the website.
9.3. The Buyer, as well as any person visiting the Online Store’s website, is not permitted to modify, publish, transfer to third parties, participate in the sale or assignment of, create derivative works from, or otherwise use, in whole or in part, the content of the Online Store. Organizing, collecting, compiling, magnetically transferring, digitally converting, or performing other actions related to the use of the materials, as well as copying, redistributing, using, or publishing the information comprising the content of the online store, in whole or in part, is strictly prohibited without the consent of the online store.
9.4. The Buyer, as well as any person visiting the Online Store’s website, agrees not to post on the Online Store’s pages or transmit through the Online Store any materials of the following nature:
9.4.1. materials that violate the law, contain threats or insults, or discredit other persons;
9.4.2. materials that violate citizens’ rights to privacy or public order, or are of an obscene nature;
9.4.3. that infringe, to any degree, upon the honor and dignity, rights, and legally protected interests of other persons;
9.4.4. that promote or contain calls to incite religious, racial, or interethnic discord, or that contain attempts to incite hostility or calls for violence;
9.4.5. as well as other materials that incite others to engage in unlawful conduct that entails criminal, civil, or other liability, or that in any way violates the provisions of the law. advertising any Goods and/or Services, or for the purpose of advertising or otherwise promoting the sale of any Goods and/or Services in any form, including, but not limited to, encouraging subscription to another interactive service system without obtaining prior written consent.
9.4.6. The Buyer, as well as any person visiting the Online Store’s website, agrees not to upload, post, or otherwise use on the Online Store’s pages any materials protected by intellectual property laws (including copyright and trademark laws), or other materials protected by law without obtaining the express permission of the rights holder of the protected material. The burden of proof that the Buyer’s posting of materials on the Online Store’s website does not infringe upon the copyrights, related rights, or other rights of third parties with respect to the posted materials rests with the Buyer.
10. OBLIGATIONS OF THE PARTIES
10.1. The Online Store undertakes to:
10.1.1. Ensure the acceptance of the order, receipt of payment, and delivery in accordance with this Offer Agreement;
10.1.2. Deliver the Goods, as well as the necessary accessories, to the address specified in the order, in the quantity and assortment agreed upon with the Buyer;
10.1.3. Comply with the Buyer’s instructions regarding the procedure for providing services under this Agreement, as agreed upon by the parties;
10.1.4. Maintain the confidentiality of the Buyer’s information, except as provided for by the applicable laws of the Russian Federation;
10.1.5. Provide high-quality services. Take timely measures to prevent and address any quality issues in the services provided. Promptly inform the Buyer of any changes to the scope of services provided under this Agreement and the terms and conditions of such services.
10.2. The Online Store has the right to:
10.2.1. Engage third parties to provide services to the Buyer, while remaining liable to the Buyer for the provision of such services;
10.2.2. Refuse to deliver the Goods and/or provide the Services if the Buyer fails to fulfill its obligations under this Agreement;
10.2.3. Request clarifications and additional information regarding issues that arise during the provision of services;
10.2.4. Unilaterally terminate this Agreement in the event the Buyer fails to fulfill the obligations set forth in Section 6.2 (regarding timely payment for services);
10.2.5. To delegate its authority regarding the performance of this offer to third parties without prior notice to the Buyer or the Buyer’s consent to such action.
10.3. The Buyer agrees to:
10.3.1. To pay for the Online Store’s Services under this Offer in a timely manner, in accordance with the terms of this Offer;
10.3.2. To comply with all requirements set forth in this Offer, address any issues that arise during the provision of services, and provide the necessary information.
10.4. The Buyer has the right to:
10.4.1. Receive the Goods and/or Services in accordance with the terms of this Offer;
10.4.2. Receive necessary and accurate information about the operation of the Online Store and the services it provides;
10.4.3. The Buyer has the right to submit their opinions, suggestions, and recommendations to the Online Store;
10.4.4. At any time, verify the progress of this Agreement’s performance without interfering with the Online Store’s business operations.
11. LIABILITY OF THE PARTIES
11.1. The Online Store shall not be liable for any harm caused to the Buyer or the persons it represents in the event of the Buyer’s failure to properly perform its obligations under this Agreement or in violation of the requirements set forth by the Online Store’s employees.
11.2. By paying for the Online Store’s Services under the Offer Agreement, the Buyer agrees to the terms of this Agreement and acknowledges that they have no right to claim any compensation from the Online Store for moral or material damages, or for damages caused to the Buyer either during the term of this Agreement or after its expiration, except in cases expressly provided for by applicable law.
11.3. Under no circumstances shall the Online Store bear any liability under the Offer Agreement for:
a) any acts and/or omissions that are a direct or indirect result of the acts or omissions of any third parties not engaged by the Online Store.
b) any indirect losses and/or lost profits of the Buyer and/or third parties, regardless of whether the Online Store could have foreseen the possibility of such losses.
11.4. The Offer Agreement, its conclusion, and its performance are governed by the applicable laws of the Russian Federation.
11.5. In the event of improper performance of the Agreement by one of the parties, resulting in adverse consequences for the other party, liability shall be determined in accordance with the applicable laws of the Russian Federation.
12. CONFIDENTIALITY
12.1. The Parties undertake not to disclose to third parties, without mutual consent, or to use in any manner not provided for by the terms of this Agreement, any organizational, technological, commercial, financial, or other information constituting a trade secret for either Party, provided that such information has actual or potential commercial value by virtue of its being unknown to third parties.
12.2. The term of protection for confidential information shall be set by the Parties at no less than one year from the date of termination of the Offer Agreement.
13. OTHER TERMS AND CONDITIONS
13.1. Any notices under the Offer Agreement may be sent by one Party to the other Party: by email to the Buyer’s email address provided when ordering the service, as specified at the end of this Offer, if the recipient is the Buyer; or to the Online Store’s email address specified at the end of this Offer, from the Buyer’s email address provided when making the request.
13.2. The Offer Agreement constitutes the entire agreement between the Online Store and the Buyer. The Online Store assumes no terms or obligations regarding the subject matter of the Offer, other than those specified in the Offer, which govern the performance of the Offer Agreement, unless such terms or obligations are set forth in writing and signed by authorized representatives of the Online Store and the Buyer. If any terms of the Annexes or Supplementary Agreements to the Offer Agreement conflict with the terms of the Offer, the provisions of the Offer shall prevail.
ADDRESSES AND BANK DETAILS OF THE PARTIES
Online Store: krivoikoso.com
Registered Address: Russian Federation, 143 444, Moscow Oblast, Krasnogorsk, Prishvina St. 7, 581
TIN / KPP 502 498 996 450
OGRN 323 508 100 076 797
Mailing Address: Russian Federation, 143 444, Moscow Oblast, Krasnogorsk, Prishvina St. 7, 581
Bank Account No. 40 802 810 200 004 280 320
Correspondent account, BIK 30 101 810 145 250 000 896
Anastasia Yuryevna Kosova