This document is an official proposal of the individual entrepreneur Linevich-Yavorskaya Madina Isakovna, the main state registration number of the individual entrepreneur 313774627600905, acting on her own behalf, hereinafter referred to as the "Contractor", to individuals to conclude a contract for the provision/provision of services for the production of a custom-made cake on the terms set out below
1.1. Under this agreement, the Contractor undertakes, on the instructions of the Customer, to manufacture and transfer to the ownership of the latter an individual confectionery product in accordance with the Annex to this agreement, and the Customer, in turn, undertakes to accept and pay for the above confectionery product in accordance with the terms of this Agreement. The fact of placing an Order with the Contractor is an unconditional acceptance of this Agreement, and the Customer is considered as a person who entered into contractual relations with IP Linevich-Yavorskaya Madina Isakovna.
1.2. The Order is made by drawing up an Order for the manufacture of an individual confectionery product at least 10 days before the date of the expected delivery, subject to mandatory full payment of the Order. In case of untimely change of any conditions provided for in the made Order (determined by the Contractor) or complete refusal to execute the Order by the Customer in less than 5 days, the latter is obliged to pay the losses actually incurred by the Contractor in accordance with Art. 26.1. of the Law of the Russian Federation dated 07.02.1992 No. 2300-1 (ed. dated 28.07.2012) "On Consumer Protection".
1.3. The delivery of the Order is carried out by means of the Contractor, while the price of the Order includes transportation costs. The Contractor undertakes to deliver the Order on the terms provided for in the Annex to this agreement. Delivery is carried out to a closed area. If it is impossible to travel to a closed area or it is impossible to transfer the Order for other reasons, the Customer undertakes to meet the Contractor's representative and accept the Order. Delivery is carried out within the agreed time interval. The waiting time for Order acceptance is 15 (fifteen) minutes. If the Customer does not accept the Order during this time, the Order is returned to the Contractor. In the future, the Customer has the right to pick up the Order from the Contractor, on the terms of pickup, within 1 (one) day from the day following the day of non-acceptance of the Order.
1.4. In case of late notification, namely 72 (seventy-two) hours in advance, of a change in address and delivery time, the delivery of the goods is not guaranteed.
1.5. The unloading of the Order is carried out by the Contractor.
2.1. The quality of the Order must comply with the current requirements of sanitary and epidemiological norms and rules, corresponding GOST standards and technical specifications adopted in the Russian Federation.
2.2. The Customer's claims are submitted to the Contractor by submitting a written claim by the Customer. Each claim must specify the content and basis of the claim, as well as a reference to the delivery date and the bill of lading number. The Contractor is obliged to send a response to the Customer or take other measures aimed at resolving the situation within 3 (three) business days from the date of receipt of the claim.
2.3. The shelf life of an individual confectionery product is 72 hours, from the moment the product is handed over to the Customer, subject to all storage conditions of the product provided for in paragraph 2.4. of this Agreement.
2.4. Storage conditions. Store individual confectionery: at a temperature of +2 - +4 ° C., in a closed package, in a place protected from direct sunlight.
3.1. The Customer has the right to inform the Contractor about the detected defects of the Order in the following terms: - for obvious (visible) defects — immediately at the time of transfer of the Order on the basis of visual inspection, as well as information specified in the Appendix to this agreement; - for quality (in terms of hidden defects) — during the expiration date of the Order, subject to the Customer's compliance with the terms and conditions of storage of the relevant type of Order.
3.2. The Customer has no right to make a refund, and the Contractor has no right to accept the Order received by the Customer, except in the event of circumstances provided for in clause 3.1. of this Agreement.
4.1. The transfer of the Order by the Contractor and its receipt by the Customer or his authorized representative specified in the Appendix to this agreement is certified by the registration and signing by the parties of a commercial offer (hereinafter "KP") in the amount of at least two copies, one of which is handed over together with the Order to the Customer or his authorized representative, and the second remains with the Contractor.
4.2. The Customer is obliged to immediately inspect the Order and visually check its quality. The Customer is obliged to inform the Contractor immediately about the identified inconsistencies or shortcomings of the Order during its acceptance.
4.3. All costs related to the replacement or elimination of defects in the Order are borne by the Contractor.
4.4. The right of ownership of the Order, as well as the risk of its accidental loss or damage, passes from the Contractor to the Customer from the moment the Order is transferred to the Customer or his authorized representative, both upon delivery of the Order by the Contractor, and in the case of pickup and signing of the relevant Consignment notes.
5.1. The price for the Order is negotiated by the Parties at the time of approval of the Order and is fixed in the "KP".
5.2. All payments under this Agreement are made in rubles of the Russian Federation in the following order: The Customer makes 100% payment for the Order in cash or non-cash, which is agreed upon by the parties at the conclusion of this agreement. The Customer's obligation to pay for the Order is considered fulfilled at the time of crediting the entire cost of the Order specified in the 'KP' to the settlement account or to the cashier of the Contractor
6.1. For violation of the terms of this Agreement, the Parties are responsible in accordance with the procedure provided for by the current legislation of the Russian Federation.
6.2. The Contractor is fully responsible for the accuracy of the data specified in the documents for the Order being made, as well as for keeping secret all personal data of the Customer that became known to him at the conclusion of this agreement.
6.3. The Customer is fully responsible for the accuracy of the personal data provided at the conclusion of this agreement.
6.4. The Customer has no right to refuse to receive the delivered Order of proper quality, as provided for in clause 1.2. of this agreement.
7.1. All disputes and disagreements that may arise between the Parties in accordance with the terms of this Agreement shall be resolved through negotiations. The settlement of disputes is carried out by sending a written claim to the Party that violated the obligations. The parties are obliged to consider each other's claims and send responses to them to the initiator within 3 (three) days from the date of receipt of the claim.
The performer is an individual entrepreneur Linevich-Yavorskaya Madina Isakovna,
OGRNIP 313774627600905
INN 772875060652
Bank details:
Bank account 40802810200540000419 IN PJSC "BANK URALSIB" MOSCOW
account 30101810100000000787
BIC 044525787
Email address : tortik-annuchka@rambler.ru
Effective date 02/27/2018