PUBLIC OFFER

of the "PRISAKARU" Online Store


"May 28, 2024"


1. General Provisions
1.1. This public offer (hereinafter referred to as the "Offer") is made by Individual Entrepreneur Olga Dmitrievna Prisakaru (hereinafter referred to as the "Seller") to any individual, legal entity, or individual entrepreneur (hereinafter referred to as the "Buyer"), collectively referred to as the "Parties," in accordance with Article 435 and Clause 2 of Article 437 of the Civil Code of the Russian Federation, to conclude a sale and purchase agreement (hereinafter referred to as the "Agreement") on the terms set forth in this Offer.
1.2. The Offer defines all essential terms of the interaction between the Seller and the Buyer, including delivery, payment, and other issues related to the execution of the Agreement concluded in the Online Store located at: http://prisakaruceramics.com/
1.3. Payment for the order signifies the Buyer's full acceptance of all the terms of the Offer and the proper conclusion of the Agreement in accordance with Article 435 and Clause 2 of Article 437 of the Civil Code of the Russian Federation.
1.4. All information posted on the Seller's Website is an integral part of the Offer, of which the Buyer is hereby notified.
1.5. The Seller has the right to change the content of the Website, the terms of the Offer, prices, payment, and delivery terms for Goods without notifying the Buyer, and therefore the Buyer undertakes to independently monitor all changes on the Website. Changes take effect immediately after publication and are considered communicated to the Buyer from the moment of such publication. The new version of the Offer applies to any order placed after publication, unless otherwise provided by the terms of the Offer.

2. Terms and Definitions
Online Store/Website – An information resource on the Internet at: http://prisakaruceramics.com/, including all its sections, containing posted Goods offered by the Seller for purchase, as well as terms of payment and delivery to Buyers.
Buyer – An individual, legal entity, or individual entrepreneur, who is an Internet user and has fully accepted the terms of the Offer.
Seller – Individual Entrepreneur Olga Dmitrievna Prisakaru (TIN 772407388183, OGRNIP 323774600530282), selling Goods in the manner prescribed by the Agreement.
Goods – Tableware, textiles, home decor, art objects, etc., presented for sale in the Online Store.
Delivery Service – A third party that is a courier service or transport company, such as LLC "SDEK-Global" (TIN 7722327689), LLC "Yandex.Taxi" (TIN 7704340310), LLC "Portal" (TIN 7731465565).

3. Subject of the Agreement
3.1. The Seller undertakes to transfer the Goods to the Buyer into ownership, and the Buyer undertakes to pay for it at the price indicated on the Website and accept it in the manner prescribed by the Agreement.

4. Order Placement Procedure
4.1. To place an order, the Buyer independently adds Goods to the cart in the Online Store, proceeds to checkout, and moves to payment actions.
4.2. When placing an order, the Buyer specifies the following information:
  • Full name of the Buyer / Order recipient;
  • Email address;
  • Phone number;
  • Selected delivery city;
  • Selected delivery type from those offered;
  • Selected pickup point address;
  • Order comment (if any).
  • When choosing courier delivery (to the door), the Buyer additionally specifies data about the street, house, entrance, floor, apartment/office, and intercom number where the Goods will be delivered.
  • 4.3. The Buyer bears full responsibility for providing inaccurate or incomplete information to the Seller, resulting in the Seller's inability to properly fulfill its obligations to the Buyer and/or other negative consequences for the Parties to the Agreement.
  • 4.4. By filling in information about themselves in the special form on the Website, the Buyer agrees to receive service messages, including about the order status (its tracking number), sent to the email address and phone number.
  • 4.5. The Buyer agrees to the terms of purchase of the selected Goods by clicking the "Pay" / "Place Order" button or a similar one in the Online Store.
  • 4.6. Payment for the Goods constitutes acceptance of the Offer by the Buyer and signifies the conclusion of the Agreement between the Seller and the Buyer.
  • 4.7. After payment for the Goods, the Seller sends order confirmation to the Buyer's specified email address with information about the Goods and other order parameters (cost of Goods, Delivery Service services).
5. Order Processing and Delivery
5.1. Order processing by the Seller takes up to 2 (two) business days. The order processing time may be unilaterally extended by the Seller for a specific order.
5.2. If, after order formation, it is found that the Seller lacks the required quantity of the ordered Goods or the required model, the Seller informs the Buyer. The Buyer has the right to agree on delivery times for the ordered Goods, agree to purchase the available Goods instead of the previously ordered one, or cancel their Order in whole or in part.
5.3. Delivery of Goods can be carried out within the territory of the Russian Federation.
5.4. The Seller sends the order tracking number to the Buyer via email once it is generated.
5.5. Estimated delivery times are indicated during checkout and can also be communicated to the Buyer via the contact details provided.
5.6. The Seller does not provide delivery services and is not responsible for the delivery times and conditions set by the Delivery Services.
5.7. Delivery times and storage of Goods when choosing delivery via a Delivery Service are determined by the terms of those services. The Seller is not responsible for possible delivery delays due to unforeseen circumstances beyond the Seller's control.
5.8. The Seller has the right to cancel the order (refuse the Agreement) in the following cases:
  • If there are suspicions that the Buyer's data were unlawfully used by third parties.
  • If payment for the Goods from the Buyer is not received within 3 (three) calendar days from the order date (Buyer's refusal of the sale and purchase agreement);
  • If the Goods are out of stock at the Seller's warehouse at the time of order processing.
  • 5.9. Upon delivery, the Goods are handed over to the Buyer or the Recipient specified in the order.
  • 5.10. The Seller's obligation to transfer the Goods to the Buyer is considered fulfilled from the moment the Goods are handed over to the Delivery Service.
  • 5.11. If the method of receiving the Goods is chosen via a Delivery Service, the risk of accidental loss or damage to the Goods passes to the Buyer at the moment the Seller hands the Goods over to the Delivery Service.
6. Payment Procedure
6.1. Payment for the Goods is made on the terms of 100% prepayment of the Goods cost online.
6.2. The price of the Goods sold in the Online Store is indicated in the relevant sections in Russian Rubles.
The cost of the Goods is not subject to VAT due to the Seller's application of the simplified taxation system.
6.3. The cost of Goods delivery is calculated individually and is not included in the Goods price, unless otherwise expressly stated on the Website. The cost of Goods delivery may be changed by the Seller if the order conditions change - an increase in the total weight of the Order or a change in the delivery point.
6.4. The price of the Goods in the Online Store may be changed by the Seller unilaterally without prior notice to the Buyer. However, the price for the Goods already ordered by the Buyer at the time of change is not subject to change.
6.5. The Seller has the right to establish discounts for promoting the Goods and conduct promotional campaigns. The Seller may limit the terms of discounts.
6.6. If the price of the Goods ordered by the Buyer is incorrectly indicated, the Seller informs the Buyer to confirm the order at the corrected price or cancel the order. If it is impossible to contact the Buyer, this order is considered canceled, except when the price for the Goods was reduced and/or turned out to be lower than indicated on the Online Store pages. If the order was paid for, the Seller returns the amount paid for the order to the Buyer using the same method by which it was paid.
6.7. Payment for the Goods is possible only by bank card when placing an order in the Online Store.
6.8. The Buyer's obligation to pay for the Goods is considered fulfilled from the moment funds are received in the Seller's bank account.
6.9. The Buyer independently pays for the services of banks and electronic payment systems associated with transferring funds to the Seller's account and is responsible for the correctness of the payments made.

7. Acceptance of Goods
7.1. Upon receipt of the Goods, the Buyer is obliged to inspect the Goods and open them in the presence of the Delivery Service to check the Goods for compliance with the declared quantity, assortment, and completeness, as well as to check the integrity of the packaging. If there are claims regarding the delivered Goods (shortage, inclusion of Goods different from those listed in the dispatch inventory, manufacturing defect, other claims), the Buyer must draw up a Report on Identified Discrepancies in the presence of the Delivery Service. If the Buyer does not make a claim in the manner described above, the Goods are considered received in full accordance with the quantity, assortment, completeness, and packaging integrity. To preserve the quality of the product, it is not recommended to wash it in a dishwasher. Hand wash only.

8. Return and Exchange of Goods
8.1. Return and Exchange of Goods of Proper Quality:
8.1.1. If the Buyer is an individual, the order can be canceled at any time before its delivery to the Buyer, and after delivery - within 7 (Seven) calendar days.
8.1.2. If the Buyer is an individual, they have the right to exchange the Goods if it does not fit in form, dimensions, style, color, size, or configuration within 7 (Seven) calendar days from the receipt of the Goods.
8.1.3. Return or exchange of Goods in the cases specified in clauses 8.1.1 and 8.1.2 of the Offer is possible when:
- The Goods have not been used;
- Their original condition (packaging, seals, labels) and consumer properties are preserved, the Goods' completeness is preserved,
- There is a document confirming the fact and conditions of the purchase of the specified Goods (sales or cash receipt).
8.1.4. According to the List of Non-Food Goods of Proper Quality Not Subject to Exchange or Return, approved by Decree of the Government of the Russian Federation No. 2463 dated December 31, 2020, the following goods are not subject to return or exchange for a similar product of different size, shape, dimensions, style, color, or configuration:
- Products and materials, fully or partially made from polymer materials and contacting food products (tableware and kitchenware, containers and packaging materials for storing and transporting food products, including for single use);
- Non-periodical publications (books, brochures, albums, cartographic and sheet music publications, leaflet art publications, calendars, booklets, publications reproduced on technical information carriers).
8.1.5. When canceling an Order during delivery, as well as when refusing Goods of proper quality at the moment of delivery or returning or exchanging the Goods within 7 (Seven) calendar days after receipt, the delivery cost for the Order is not refunded. The Seller has the right to deduct the Seller's delivery expenses from the Buyer for the returned Goods, with subsequent notification to the Buyer. The delivery cost is determined by the tariffs of the selected transport company.
8.1.6. To process the return or exchange of Goods of proper quality, the Buyer:
· Must contact the Seller at: Prisakaruceramics@gmail.com to coordinate the return or exchange of Goods of proper quality, indicating the order number and photos of the Goods;
· If the exchange or return is agreed with the Seller, the Buyer undertakes to carefully pack the Goods (with all components).
8.1.7. Claims for the return of the amount paid for the Goods are subject to satisfaction within 10 (Ten) days from the date of the corresponding claim.
8.1.8. Refund of funds is made by returning the cost of the paid Goods to the bank card specified when ordering the Goods.
8.1.9. The rules of clause 8.1 of the Offer apply to relations arising between the Seller and the Buyer who is an individual - a consumer.
8.1.10. Return or exchange of Goods of proper quality is not carried out if the Buyer is a legal entity, individual entrepreneur, or an individual purchasing the Goods for business purposes.
8.2. Return of Goods of Improper Quality:
8.2.1. Goods of improper quality are understood as goods that are faulty and cannot perform their functional qualities.
8.2.2. If a Product of improper quality was transferred to the Consumer and otherwise was not previously agreed upon by the Seller, the Buyer has the right to use the provisions of Article 18 "Consumer Rights upon Discovery of Defects in Goods" of the Law of the Russian Federation No. 2300-1 of 07.02.1992 "On Protection of Consumer Rights".
8.2.3. The warranty period for the Goods is 7 (Seven) calendar days.
8.2.4. Due to the fact that the Goods are handmade, the following are not considered defects, and warranty return of the Goods is not made in cases of:
- Possible slight specific smell of the Goods, which decreases and dissipates over time;
- Color difference of the Goods from that presented on the Website due to different technical characteristics of monitors;
- Difference in design or decoration elements of the Goods from those stated in the description on the Website;
- Presence of features in the elements of the Goods due to the properties of the source materials;
- Small cracks ('cracking effect'), coating abrasions arising during use;
- Size deviations up to 7 cm in the length and width of the Goods;
- Difference in the shape of the Goods from that presented on the Website;
- Formation of air bubbles (blisters) on the Goods;
- Presence of internal cracks in the Goods.
8.2.5. Accompanying photographs of the Goods on the Website are simple illustrations and may differ from the actual appearance of the Goods, including in shade, pattern, texture. Accompanying descriptions/characteristics of the Goods do not claim to be exhaustive and may contain typos. Such discrepancies are not defects of the Goods. To clarify information about the Goods, the Buyer must contact the Seller.
8.2.6. Goods made to individual order, where the quality and characteristics of the manufactured Goods correspond to the parameters approved by the Buyer, are not subject to return.
8.2.7. To return Goods of improper quality, the Buyer:
· The Buyer must send a written application to the Seller's email address Prisakaruceramics@gmail.com indicating the order number and documents (photographs) confirming their claim.
· The Seller considers the Buyer's application and, if satisfied, returns to the Buyer the amount paid by the Buyer for the Goods, or otherwise rectifies the defect of the Goods, within 10 (ten) days from the date of the Buyer's application.
8.3. Method of returning the Goods: via the Delivery Service.

9. Liability of the Parties
9.1. For failure to perform or improper performance of obligations under this agreement, the Parties bear responsibility in accordance with the current legislation of the Russian Federation.
9.2. The Seller is not responsible for the inability to serve the Buyer for any reasons beyond its control, including communication line failures, equipment malfunction, failure of suppliers of certain services to fulfill obligations, etc.
9.3. The Seller's total liability under any claim or complaint regarding the performance of the Agreement is limited to the amount of the payment made by the Buyer to the Seller.
9.4. Without contradicting the above, the Seller is released from liability for violation of the terms of the Offer if such violation is caused by force majeure circumstances, including: actions of government authorities, fire, flood, earthquake, other natural disasters, power outages and/or computer network failures, strikes, civil unrest, riots, any other circumstances, not limited to those listed, that may affect the Seller's performance of the Offer.

10. Final Provisions
10.1. The Agreement is concluded from the moment of its acceptance and is valid until the Parties fully fulfill their obligations.
10.2. The Seller has the right to transfer and assign its rights and obligations under the Agreement, as well as delegate their implementation or execution to third parties without the Buyer's consent.
10.3. The Online Store and provided services may be temporarily, partially, or fully unavailable due to maintenance or other work or for any other technical reasons.
10.4. The court's recognition of the invalidity of any provision of the Agreement does not entail the invalidity of the remaining provisions.
10.5. The Offer can be withdrawn by the Seller at any time, but this is not grounds for refusal of the Seller's obligations under already concluded Agreements with Buyers.
10.6. For all questions, the Buyer has the right to contact the Seller's email: Prisakaruceramics@gmail.com.

11. Seller's Details
Individual Entrepreneur Olga Dmitrievna Prisakaru
TIN 772407388183, OGRNIP 323774600530282
Legal address: 115516, Moscow, ul. Bekhtereva, d.47, korp.2, kv 52

Banking Details:
Account: 40802810238000347953
OGRNIP: 323774600530282
TIN: 772407388183
Correspondent account: 30101810400000000225
BIC: 044525225
Bank: PJSC Sberbank
Email: Prisakaruceramics@gmail.com
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