Public Offer Contract

APPROVED

Individual entrepreneur

Minchukov Artem Vitalievich 04/07/2020

PUBLIC OFFER  on the conclusion of the retail sale agreement

This document, posted on the Internet at the website www.candles-world.com by an individual entrepreneur Mintchukov Artyom Vitalievich, hereinafter referred to as the Seller, is a public offer, that is, the Seller’s offer to enter into a retail sales agreement  (hereinafter the “Agreement”) with an individual using www.candles-world.com website, hereinafter referred to as the Buyer.

The Seller considers himself, under the conditions specified in this offer, having concluded an Agreement with the Buyer, who, subject to the conditions of this offer and in the manner prescribed by it, will respond to this offer (accept the offer).

The Contract is considered concluded between the Seller and the Buyer at the time of   acceptance by the Buyer of the public offer made by the Seller.

  1. GENERAL PROVISIONS

1.1. This Agreement defines the procedure for the retail sale of goods through the online store in accordance with the current legislation of the Republic of Belarus, unless otherwise prescribed by the rules for the purchase of certain categories of goods. The Seller and the Buyer referred to in this contract are hereinafter referred to as Parties and as a Party individually.

1.2. The following terms are used in this contract:

online store — a site containing information about the goods, the seller, providing the opportunity of choice, order and (or) purchase of goods;

Buyer — an individual who has the intention to order or purchase, or who orders, purchases or uses goods exclusively for personal, domestic, family, household and other needs not related to entrepreneurial activity;

Seller — Individual entrepreneur Artyom Vitalyevich Minchukov, selling goods to a buyer under a retail sale contract outside a retail facility through the global computer network, Internet, by means of an online store;

Recipient — an individual indicated or mentioned by the Buyer when ordering in the online store;

website — a collection of information resources posted on the Internet at: www.candles-world.com. The site belongs to the Seller and is administered last;

order — an inquiry sent by the Buyer via the Internet on the Seller’s website to purchase the goods selected in the online store;

product — a purchase and sale object (an item acquired exclusively for personal, domestic, family, household and other needs not related to entrepreneurial activity), presented in the Seller’s online store, which the Seller has in stock at the time of conclusion of the contract or will be acquired by The seller in future, unless otherwise provided by law or follows from the nature of the goods;

online training course (video, book, albums) — the object of sale (links to video files and video files themselves, text files, as well as pdf files purchased for personal needs or for training for the purpose of further entrepreneurial activity), presented in Seller’s online store, which is available from the Seller at the time of conclusion of the Agreement, without the right to distribute the materials provided .;

address — information of the place of delivery of the goods with the exact name of the settlement, street, building number and apartment or office number.

  1. AGREEMENT CONCLUSION PROCEDURE

2.1. The text of the Agreement is available on the Seller’s website at: www.candles-world.com and is the Seller’s Public Offer sent to an indefinite number of persons (Article 405 of the Civil Code of the Republic of Belarus).

2.2. The conclusion of the contract and the fact of acceptance by the Buyer of the terms of the Agreement occurs at the time of the implementation of the Order (Article 408 of the Civil Code of the Republic of Belarus).

2.3. The date of the acceptance is considered the date the Order made by the Buyer.

2.4. By carrying out the Order of the Goods through the online store, the Buyer accepts and agrees with all the conditions set forth in this agreement, and with the information posted on the Site at the time of order acceptance by the Seller.

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. Seller Responsibilities:

3.1.1. to transfer to the Buyer a Product that matches its model or description and the quality information provided to the Buyer in the Agreement, as well as information communicated to him when transferring the Goods.

3.1.2. to transfer to the Buyer the Goods free from burdens of third parties.

3.1.3. to inform the Buyer no later than 2 (two) days after the occurrence of force majeure circumstances preventing the Seller from fulfilling the obligations assumed under the Agreement.

3.1.4. to provide the Buyer with the opportunity to pay for the purchased Goods by remote transfer of funds.

3.2.  Buyer Responsibilities:

3.2.1. to accept the Goods at the address and within the time specified in the Contract and Order.

3.2.2. pay for the Goods in the manner and terms established in the Agreement and the Order.

3.2.3. to notify the Seller no later than 2 (two) days after the occurrence of force majeure circumstances preventing the Buyer from fulfilling its obligations under this Agreement.

3.2.4. The buyer agrees to familiarize himself with the terms of the offer, information about the product in the online store, prices for it and promotions held in the online store before the order is sent by the seller.

3.3. Seller has the right:

3.3.1. to offer the Buyer a replacement for the Product in the absence of the selected product on the samples at the Seller’s warehouse;

3.3.2. amend this agreement and the information on the Site, in connection with which the Buyer agrees to take into account possible changes at the time of contacting the Seller with the Order for the Goods.

3.3.3. in the event that the Buyer does not fulfill its obligations to accept and pay for the previously ordered goods, the Seller may suspend the execution of current orders for an indefinite period.

3.3.4. refuse to execute this agreement (cancel the order) in the case when the goods cannot be delivered on time or the goods have ended at the seller’s supplier

3.3.5. use the personal data provided by the Buyer during the entire period of the Buyer’s registration on the website www.candles-world.com in order to:

— process Buyer’s Orders and to fulfill other obligations to the Buyer;

— carry out activities to promote goods and services;

— assess and analyze the site www.candles-world.com;

— determine the winner in the shares held by the Seller;

— analyze consumer characteristics of the Buyer and the provision of personal recommendations;

— inform the Buyer about promotions, discounts and special offers through electronic and SMS mailings;

3.3.6. use the technology of cookies. Cookies do not contain confidential information and are not transferred to third parties.

3.4. The buyer has the right:

3.4.1.to  refuse to fulfill this Agreement subject to reimbursement to the Seller of expenses incurred in connection with the execution of activities for its implementation, costs of delivery of goods.

  1. ORDER PLACEMENT AND TERMS OF ORDER EXECUTION

4.1. The Buyer’s order can be placed through the Site.

4.2. When placing an Order through the Site, the Buyer fills in the electronic Order Form for the Goods and sends the formed Order to the Seller via the Internet.

4.3. The information in the Order received by the Seller is considered correct. If it is necessary to clarify, coordinate, the representative of the Seller contacts the Buyer or the Recipient by contact phone or e-mail in order to clarify, including the specific date and time of delivery of the Goods. The specific date and time of delivery depends on the place of delivery and the time required by the Seller to process the Order.

4.4. If during the picking of the Order it is discovered that the Seller does not have the required Product or its quantity, the Seller shall inform the Buyer by letter to the email address entered during registration. The Buyer has the right to agree to accept the Goods in the quantity available to the Seller, or refuse (cancel) the Order.

4.5. If the Buyer has questions regarding the description, properties and characteristics of the Goods, before placing the Order, the Buyer must contact the Seller by any of the available methods of communication specified in the «Contacts» section on the Website of the Online Store.

4.6. The product, on the card of which various color options, pictures, shapes of components, dimensions, styles, etc. are presented, has information about this. Shipment of this product is carried out arbitrarily, selection from the assortment is not possible. The color rendering of the photos on the Internet and the actual may vary slightly.

  1. DELIVERY OF GOODS

5.1. When ordering the Goods by the Buyer on the terms of delivery, the Seller will make every effort to comply with the delivery time of the Goods indicated on the Site, while not excluding the reasons that may arise and affect the delivery time in the form of unforeseen events and circumstances that occurred not through the Seller’s fault.

5.2. The risk of accidental loss or accidental damage to the Goods passes to the Buyer or Recipient at the time of Goods tranfer or affixing by the Buyer or the Recipient of the Goods a personal signature in the documents confirming the delivery of the Goods.

5.3. The rules, terms and conditions of goods delivery are an integral part of this Public offer and are posted on the Seller’s website at: http://candles-world.com/delivery/.

5.4. Delivery is carried out at the address specified in the Buyer’s order or at the post office. The buyer must provide the courier access to the building and premises indicated in the delivery address.

  1. PAYMENT OF GOODS

6.1. The price of the goods is indicated next to a specific name of the goods on the website of the online store.

6.2. The price of the Goods on the Website of the Online Store can be changed by the Seller unilaterally. Wherein, the price of the Goods for which the Order has already been placed is not subject to change.

6.3. Payment for the Goods by the Buyer or Recipient is made in US dollars in the form and by the methods specified by the Seller in the How to buy section at: http://candles-world.com/how-to-buy, the payment method can be changed by the Seller unilaterally.

6.4. The seller is entitled to provide the Buyer or the Recipient with discounts on the Goods and set a bonus program. The types of discounts, the procedure and conditions for calculating and providing bonuses are specified on the Website of the Online Store in the public domain and can be changed unilaterally by the Seller.

6.5. The Buyer’s personal discount applies to goods ordered only on the Website of the online store by using a promotional code. Personal discount is combined with stock discounts held by the Seller.

  1. PURCHASE RETURNS

7.1. The Buyer or the Recipient has the right to return non-food products of good quality within fourteen days from the date of product transfer to him. The requirement to return the goods in this case must be satisfied if the goods were not in use, their consumer properties preserved and there is an evidence of the goods purchase from the Seller. Goods must be returned in consumer packaging if sold in such packaging. The list of non-food goods of good quality, not subject to exchange and return, was approved by Resolution of the Council of Ministers of the Republic of Belarus dated June 14, 2002 No. 778.

7.2. The Buyer or the Recipient does not have the right to return Goods of good quality, according to the List of non-food goods of good quality, not subject to exchange and return, approved by Decree of the Council of Ministers of the Republic of Belarus No. 778 of 06/14/2002.

7.3. Exchange and return of the goods is carried out at the location of the seller.

7.4. The Buyer or the Recipient to whom the Goods of improper quality are sold, if this has not been agreed by the Seller, has the right, at his choice, to demand:

— replacement of  defective Goods with Goods of good quality from the range of Goods presented on the Seller’s website;

— a proportionate decrease in the purchase price of the Goods;

— immediate gratuitous elimination of the defects of the Goods;

— reimbursement of expenses to eliminate the defects of the Goods;

— termination of the contract of retail sale and demand a refund of the sum paid for the Goods.

7.5. If the Buyer or the Recipient refuses the contract, in accordance with the terms of clause 7.1 of this contract, and simultaneously submits a request for the return of the sum of money paid for the Goods, the cost of the Goods shall be returned to the Buyer or Recipient within 5 (five) business days, excluding Saturday and Sunday, from the moment the Seller receives a written statement from the Buyer or the Recipient at the location of the Seller.

7.6. The return of the Goods under the terms of paragraph 7.1 of this contract is carried out by  and at the expense of the Buyer.

7.7. Refunds are made by the Seller in the manner in which payment for the Goods was made.

7.8. Refunds to the Buyer’s bank card are subject to the conditions specified on the Seller’s website at: http://candles-world.com/return-conditions/

7.9. If the Buyer has purchased the goods at a discount, on sale or under a gift certificate, he has the right to choose (Article 472 of the Civil Code, Clause 1 of Article 28 of the Law of 09.01.2002 N 90-H) between the following:

— return non-food product of good quality;

— exchange it for a similar product of other size, shape, dimension, style, color or configuration, if such a product is available. Upon completion of the promotion or sale, the goods are not subject to replacement, only a refund of the money paid for the goods is possible. You can exchange goods at the place of purchase or other places specified by the seller. In case of return by the Buyer of goods of good quality, the Seller must pay him the amount of money paid for the goods at the time of purchase of the goods. If the promotion or sale involves the purchase of several units of goods and the discount applies only to 1 of them, then the return of goods of good quality should take into account the conditions for the purchase of goods, i.e. subject to the terms of the promotion.

7.10. We do not make a refund for the courses (audiobook, albums, etc.) purchased online.

8. WARRANTY AND RESPONSIBILITY

8.1. The Seller is not responsible for the damage caused to the Buyer or Recipient due to the latter’s improper use of the Goods purchased in the Seller’s online store.

8.2. The seller is not responsible for the content and operation of other Internet sites.

8.3. The Seller is not responsible for the consequences associated with the actions of the Buyer or Recipient in case of using the Goods purchased from the Seller for business purposes.

8.4. The Seller is not liable for losses of the Buyer or Recipient resulting from:

— providing false information when coordinating an Order, incl. incorrect identification information

— illegal actions of third parties.

8.5. The Buyer or the Recipient is fully responsible for the accuracy of the identification information specified by him when ordering the Goods in the online store.

8.6. The Parties are relieved of the liability for full or partial failure to fulfill their obligations if such failure was the result of force majeure circumstances arising after the coming into force of this agreement and / or as a result of extraordinary events that the Parties could not foresee and prevent by reasonable measures.

8.7. In other cases, not provided by clause 8.6 of this agreement, for non-fulfillment or improper fulfillment of their obligations, the Parties bear responsibility in accordance with the current legislation of the Republic of Belarus.

  1. PRIVACY AND PERSONAL INFORMATION PROTECTION

9.1. Information provided by the Buyer:

9.1.1. When placing an Order for the Goods through the Website of the Online Store, the Buyer provides the Seller with information that lets the Seller identify the Buyer and faithfully and timely fulfill the terms of this agreement.

9.1.2. When providing their personal data when ordering the Goods, the Buyer agrees to its processing by the Seller

9.2. Use of information provided by the Buyer and received by the Seller:

9.2.1. The seller uses the information:

— to fulfill its obligations to the Buyer;

— to evaluate and analyze the operation of the Site;

— to carry out promotion.

9.2.2. The Seller is entitled to send advertising and informational messages to the Buyer. If the Buyer does not want to receive mail-outs from the Seller, he must notify the Seller through the «Feedback» form on the Website of the Online Store or unsubscribe from advertising information messages in his personal account.

9.3. Disclosure of information received by the Seller:

9.3.1. Seller commits not to disclose information received from the Buyer. It is not considered a violation that the Seller provides information to agents and third parties acting on the basis of an agreement with the Seller to fulfill obligations to the Buyer or Recipient.

9.3.2. Disclosure of information in accordance with reasonable and applicable legal requirements is not considered a violation of obligations.

9.4. The seller is not responsible for the information provided by the Buyer on the website of the online store in a public form.

  1. OTHER CONDITIONS

10.1. The relations between the Buyer and the Seller are regulated by law of the Republic of Belarus.

10.2. In case of questions and complaints from the Buyer or Recipient, he should contact the Seller by phone or through the «Feedback» form on the Website of the Online Store.

10.3. All arising disputes between the Parties will try to be resolved through negotiation. If a mutually beneficial agreement is not reached, the dispute between the Parties will be referred to the judicial authority in accordance with the current legislation of the Republic of Belarus.

10.4. Court`s recognition of invalidity of any provision of this agreement does not entail the invalidity of its remaining provisions.

 

SELLER  INFORMATION

Individual Entrepreneur Minchukou Artsiom Vitalievich

Registered By The Minsk City Executive Committee On 20.04.2018

Address: 20-1 Lipovaya street, Minsk, Belarus, 220131

Date of registration in the Commercial register: 26.03.2020

Tax ID: 193068129