Public offer agreement
“ZAR” LLC, hereinafter referred to as the “Seller”, represented by the «Shop.FatCatArt.com» online shop, have published the present public offer agreement addressed both to individuals and legal bodies, hereinafter referred to as the “Customer” as follows:
1. Subject of the Public offer agreement
1.1. The Seller undertakes to transfer purchased Items to the possession of the Customer, while the Customer undertakes to pay and accept Items ordered in the «Shop.FatCatArt.com» online shop (hereinafter Items) according to the conditions of this Agreement.
2. The Agreement’s Conclusion
2.1. The text of the present Agreement is a public offer (in accordance with Section 435 and Section 437, part 2 of the Civil Law Code of the Russian Federation).
2.2. The acceptance of the present Offer (Agreement) is the Customer’s order for an Item in accordance with the terms of the present Offer.
2.3. Making Order of an Item and payment transfer are executed through Customer’s order in the «Shop.FatCatArt.com» online shop.
3. Items characteristics
3.1. Due to different technical characteristics and settings of different computer monitors, the color of an Item (print, poster etc.) can vary from one represented on the website.
4.1. Prices at the online shop are stated in local currency of the Customer and converted in other currencies according to the Seller’s country exchange rates.
4.2. Prices of shipping of purchased Item are indicated in the online-shop and depend on the type of the courier delivery chosen by the Customer. Courriers determine their own prices of delivery.
5.1. An item is considered to be paid from the moment of receiving 100% prepayment on the Seller’s account.
5.2. Items to be supplied to the Customer according to the price, modification, quantity indicated and prepaid by the Customer.
6.1. Shipping of an ordered Item is executed on specific day and time at the stated address to the person, stated by the Customer as the Recipient of an Item while placing the order.
6.2. Absence of the Recipient or not committing other actions required to accept purchased Items can be considered by the Seller as Customer failure to fulfill the Agreement.
6.3. International orders may be subject to import duties and taxes. Fees, if charged, depend on the country of delivery, and must be paid to the local tax authority upon receipt of your package. Seller is unable to predict whether or not you will be charged a fee or what that fee might be. Please contact your local customs office for further information.
Please note: International shipments may be delayed by the customs process beyond Seller’s control.
7. Rights and Obligations of the Parties.
7.1. The Seller udertakes:
7.1.1. To process personal data of the Customer and ensure their confidentiality in the order established in accordance with the current legislation of Russian Federation.
7.1.2. To provide Customer with free phone and e-mail consultations regarding order performance.
7.2. The Customer undertakes:
7.2.1. To read the content and terms of the Agreement, Price lists for Items, suggested by the Seller in the «Shop.FatCatArt.com» Online-Shop.
7.2.2. In order for the Seller to perform obligations to the Customer, the latter should present all the necessary data definitely identifying the Customer as such and sufficient to provide for delivery of Items paid for to the Seller.
7.2.3. To pay for Items and their delivery on terms and conditions of the present Agreement.
8. Responsibility of the Parties.
8.1. The Parties bear responsibility for failure in performance or inappropriate performance of the terms and conditions of the present Agreement in accordance with the current legislation of the Russian Federation.
8.2. The Seller doesn’t bear responsibility for Items delivery in case if the Customer provided wrong delivery address.
8.3. The Seller is not responsible if Customer expectations about consumer properties of Items were not justified, if they differ from ones indicated at the «Shop.FatCatArt.com» site
8.4. The Sellers is not responsible for the partial or complete failure of delivery of Items in case of force majeure circumstances.
8.5. Making the Order The Customer is automatically responsible for the correct data information provided and also confirms that the terms of this Agreement are read and agreed.
8.6. The Parties undertake to try and solve all disputes and arguments caused by failure to perform or inappropriate performance of their obligations under the present Agreement by means of negotiations. In case consent cannot be reached by negotiations, disputes and arguments shall be resolved in court according to the current legislation of the Russian Federation.
9. Return and Exchange
9.1. Each item from the «Shop.FatCatArt.com» shop is produced under the individual order and can be exchanged or refunded only in case of faulty (scratched, spotted) or damage during the shipping.The color rendering of the purchased prints and posters may not match the color of the image on the Customer’s monitor, which is not considered to be a faulty because it depends on the individual settings of Customer’s computer and its technical specifications.
9.2. If the Customer receives faulty or damaged Item, the Customer should claim the fault or damage within 5 days of delivery by email to [email protected] to return or exchange the Item. The photo of the damaged item with detailed description of the problem should be attached to the message.
9.3. The Customer pays all the necessary transportation costs related to the Items return.
10. Force Majeure.
8.1. Any of the Parties are discharged from the responsibility for complete or partial failure to perform their obligations under the present Agreement, if the said failure was caused by force majeure circumstances, which arose after the present Agreement was signed. “Force Majeure Circumstances” mean extraordinary or emergent events or circumstances, which the Party could not foresee or prevent by any available means. Such emergent events or circumstances include as follows: strikes, flood, fire, earthquakes and other Acts of God, wars, military actions, actions by Russian or foreign state authorities as well as any other circumstances exceeding the limits of reasonable control by any of the Parties. Changes of or amendments to the current legislation or legal acts, which influence directly or indirectly any of the Parties, are not considered Force Majeure ; however, in case such changes or amendments are introduced, which prevents any of the Parties from performing any of their obligations under the present Contract, both Parties undertake to immediately make a decision on the order of their actions to solve the problem and provide for the Parties to continue performing their obligations under the present Contract.
11. Term of the Agreement
11.1. This Agreement is valid since the moment of making order in the online shop «Shop.FatCatArt.com» until the fulfillment of the obligations by the both sides.
12. «Shop.FatCatArt.com» Online shop contact information
Adress: 191002 Saint-Petersburg, Zagorodniy prospect, 13 A, building 2H
Tel. 7 (812) 988-40-75
e-mail: [email protected].com
Bank Account 40702810732320000048