Public Offer Agreement
1. Terms and Definitions
- “Buyer” is a fully capable individual who has reached the age of 18 and has accepted the terms of the offer specified in the Agreement in full and without exception (has accepted the offer).
- “Seller” is IE (Individual Entrepreneur) Litvinkovich Dmitry Vladimirovich, Minsk, Gorovca Str., 32/62, the certificate of state registration was issued on December 27, 2010 by the Minsk City Executive Committee, UNP (Payer’s Identification Number) 690362923. Registration of the online store in the Commercial Register No.492799 dated September 28, 2020. Registration of the online store in BelGIE resource No.168489 dated November 23, 2020. Registration in the Register of Consumer Services No.86140 dated October 02, 2020.
- “Online Store” is a website www.oak-table.com owned by the Seller and intended for selling goods owned by the Seller to Buyers on the basis of the offer.
- “Website” is www.oak-table.com (subdomains www.oak-table.ru, www.oak-table.by).
- “Offer” is a public offer of the Seller, addressed to any individual (citizen) to purchase Goods on the existing terms specified in the Agreement.
- “Acceptance” is full and unconditional acceptance of the terms of this Agreement by the Buyer, also by performing the actions specified in Sections 4 and 5 of this Agreement.
- “Goods” are designer tables of various functional purposes, handmade by the Seller from rare wood species.
- “Order” is the Buyer’s request for the purchase (manufacture) of the Goods submitted in due form on the Website.
- The legal relationship between the Seller and the Buyer on the conclusion of the agreement and in connection with its conclusion is governed by the Legislation of the Republic of Belarus, including the provisions of the Civil Code of the Republic of Belarus, Consumer Protection Legislation, Commerce Legislation, including the Rules for the sale of certain types of goods and for catering, the Rules for the sale of goods in retail trade based on samples.
2. General Provisions
2.1. IE (Individual Entrepreneur) Litvinkovich Dmitry Vladimirovich (hereinafter referred to as the “Seller”), publishes this Public Offer for the sale (manufacture) of the Goods by remote means according to the samples presented on the Website www.oak-table.com.
2.2. This Agreement between the Seller and the Buyer determines the conditions for the purchase (manufacture) of the Goods through the Website of the Online Store owned by the Seller.
2.3. Opening hours of the Online Store: 24 hours a day without a break for lunch and weekends.
2.4. In accordance with Article 407 of the Civil Code of the Republic of Belarus, this document is considered a public offer, and if the conditions set out below are accepted, the individual who accepts this offer shall pay for the Seller’s Goods in accordance with the terms of this Agreement. In accordance with clause 3 of Article 408 of the Civil Code of the Republic of Belarus, payment for the Goods by the Buyer is considered an acceptance of the offer, which is considered equivalent to the conclusion of the Agreement on the conditions set forth in the offer.
2.5. Based on the foregoing, carefully read the text of the public offer, and if you do not agree with any clause of the offer, you may refuse to purchase the Goods or to use the Services provided by the Seller.
2.6. The Buyer agrees to the terms of this Agreement by clicking on the “Submit Order” button at the last stage of placing an Order on the Website.
2.6.1. By agreeing to the terms of this Agreement, the Buyer confirms the legal status and capacity, financial viability of the Buyer, and also recognizes the responsibility for the obligations imposed on the Buyer as a result of the conclusion of this Agreement. The Buyer confirms the accuracy of their personal information, as well as the information of the persons indicated in the Order, and assumes full responsibility for the accuracy, completeness and credibility of the information.
2.7. The Buyer assumes all possible commercial risks (placing a new order, changing the tariff, returning money, etc.) associated with the actions of the Buyer in terms of mistakes, inaccuracies in providing the information requested by the Seller when placing an Order.
3. Subject of the Agreement
3.1. The Seller transfers the ownership of the Goods in accordance with the photo samples published on the Seller’s Website or transfers the ownership of the custom-designed Goods, and the Buyer makes payment and accepts the Goods in accordance with the terms of this Agreement for personal, family, domestic and other similar use not related to entrepreneurial activity;
3.2. The Goods are presented on the Website through photo samples. Each photo sample is accompanied by text information about the Goods, including but not limited to: name, size range (if necessary), price, description of the Goods, place of manufacture.
3.3. All text information and photo samples posted on the Website www.oak-table.com are the property of the Seller.
3.4. All information materials presented in the Online Store on the Website are for reference purposes and cannot fully convey information about the properties and characteristics of the Goods, including colors, sizes, shapes and packaging.
3.5. The Seller has informed and the Buyer has confirmed that the Buyer is aware that the Goods specified in the Order as separate items are not a set in any case.
3.6. This Agreement and its annexes are considered the official documents of the Seller and an integral part of the offer. The current version of each of the above documents is available on the Website of the Seller’s Online Store.
4. Placing the Order
4.1. The process of ordering the Goods is carried out by the Buyer on the Website of the Online Store www.oak-table.com.
4.2. To place an order on the Checkout Page on the Website of the Internet Store www.oak-table.com, the Buyer shall provide the following information:
- full name;
- e-mail;
- contact phone number;
- actual delivery address;
- information about the Goods: size, material, color (when placing an Order for the manufacture of the Goods)
4.3. The Buyer is responsible for the credibility, accuracy and correctness of the information provided by the Buyer when placing an Order.
The Seller undertakes not to disclose the Buyer’s information specified when placing an Order to persons not related to the execution of the Order.
4.5. If the Buyer has any questions regarding the properties and characteristics of the Goods, the Buyer shall contact the Seller by phone numbers specified on the Website in the “Contacts” section or send a written request through the “Contacts” section before completing the Order.
4.5.1. At the request of the Buyer, the Manager of the Online Store shall provide information about the Goods (by phone or by e-mail), which is necessary and sufficient, from the point of view of the Buyer, for the Buyer to make a decision to purchase the Goods.
4.5.2. By clicking the “Submit Order” button, the Buyer confirms that the Seller has provided, and the Buyer has received, got acquainted and agreed with all the necessary information about the Goods, the information about the main consumer properties and characteristics of the Goods.
4.6. After placing an Order on the Seller’s Website, the Buyer’s details are registered in the Seller’s database, and a number is assigned to the Order. The Buyer receives the Order form with the assigned number by e-mail.
Based on the Order placed, the Seller informs the Buyer about the availability of the Goods in the warehouse by approving the Order of the selected Goods.
4.7. Payment by the Buyer for the Order placed on the Website also means an acceptance: the consent of the Buyer with the terms of this Agreement. The date of payment for the Order shall be deemed to be the date of conclusion of the Contract of Sale between the Seller and the Buyer.
5. Payment for the Order
5.1. Payment for the Order shall be made at the location of the Seller’s warehouse or by transferring funds by the Buyer online through the electronic payment system using VISA, EuroCard/MasterCard plastic cards.
5.2. Payment for the Goods shall be made by the Buyer upon condition of 100% prepayment of the total cost of the Goods specified in the Order, the payment currency for residents of the Republic of Belarus is Belarusian ruble, the payment currency for non-residents is Euro.
5.3. When ordering custom-designed Goods, payment for the Goods shall be made as follows:
50% of the cost of the Goods shall be paid after agreeing with the Seller on the conditions for manufacturing the Goods in the Order;
50% of the cost of the Goods shall be paid after the manufacture of the Goods, but before sending the Goods to the Buyer.
The notification of the completeness of the Goods shall be sent to the Buyer by e-mail.
5.4. The price for each item of the Goods is displayed on the Seller’s Website.
All prices specified on the Website are indicated in Belarusian rubles and euros at the exchange rate of the National Bank of the Republic of Belarus.
5.5. Prices for any Goods specified on the Website www.oak-table.com may be changed by the Seller unilaterally without notifying the Buyer. If the Buyer paid for the Goods during the price increase period, the price for the paid Order remains unchanged.
5.6. The Buyer shall inform the Seller about the payment of the Order, otherwise the Seller does not guarantee the availability of the Goods in stock.
6. Terms of Execution and Delivery of the Order
6.1. The period within which the Seller undertakes to execute the Order is approximately up to 30 working days from the date of crediting funds (full prepayment) of the Buyer to the Seller’s account. The Order execution period depends on the availability of the ordered Goods in the Seller’s warehouse, the time required for the Order delivery and manufacture, as well as on the method and place of delivery.
In exceptional cases, the deadline for the execution of the Order may be negotiated with the Buyer individually, depending on the ordered Goods.
6.2. The Goods are sold on the terms of their own pick-up at the location of the Seller’s warehouse or on the terms of delivery of the Goods to the Buyer’s address at the expense of the Seller across the territory of the Republic of Belarus.
The Seller shall notify the Buyer of the arrival of the Goods at the warehouse in any available way, and the Parties shall agree on the date of delivery of the Goods to the Buyer (their representative or carrier).
6.3. Delivery of goods outside the Republic of Belarus is made within 30 working days from the date of receipt of the prepayment. It is allowed to deliver the Goods ahead of time, as well as to deliver the Goods in parts.
6.4. Before sending the Goods, the Seller shall send the Buyer a notification. The notification may be sent to the Buyer’s email address or by fax.
6.5. Transportation costs to the destination in the territory of the European Union shall be borne by the Buyer. The Buyer shall pay customs duties in the territory of the Buyer; all duties in the territory of the Seller shall be paid by the Seller.
6.6. The Seller shall transfer the Goods to the Buyer (their representative or carrier), provided that the Buyer has properly fulfilled their obligations.
6.7. The Buyer shall accept the Goods and sign the transfer documents (a certificate, and/or a delivery order, and/or a consignment note) within the agreed period.
6.8. The Goods shall comply with the standards and/or technical requirements of the country where the Seller is located.
6.9. The cost and terms of delivery of the Goods to European Union countries are calculated individually when placing an Order, which shall be paid by the Buyer personally.
6.10. The right of ownership and the risk of accidental loss or accidental damage of the Goods are transferred to the Buyer from the moment of transfer of the Goods to the Buyer.
6.11. The Order shall be deemed to be executed at the time of its transfer to the Buyer. By signing the Acceptance Certificate, and/or the Consignment Note, and/or the Delivery Order, and/or the Invoice, the Buyer confirms the execution of the Order.
6.12. If the Buyer provides incorrect personal information (including contact details), the Seller is not responsible for improper execution of the Order.
6.13. If it is impossible to execute the Order or its part, including for reasons beyond the control of the Seller, the Seller has the right to remove the Goods from the Buyer’s Order. The Seller shall notify the Buyer about this by sending a message to the email address specified when placing the Order. In this case, the funds for the removed Goods shall be returned to the Buyer.
7. Return of the Order
7.1. The Buyer (their representative) shall check the quality and quantity of the Goods at the time of receipt of the Goods from the Seller (their carrier).
7.1.1. All defects of the transferred Goods shall be necessarily reflected by the Buyer in the acceptance certificate and/or the consignment note signed by the Buyer (their representative) and the carrier (their representative). On the basis of these documents, the Buyer has the right to submit a corresponding written claim to the Seller (carrier).
7.1.2. The Buyer has the right to request from the Seller, and the Seller is obliged to provide photo and/or video materials confirming the transfer of the Goods to the carrier without defects.
7.2. In case of a significant violation of the quality requirements of a part of the Goods, which makes it impossible to use the Goods, the Buyer has the right to demand replacement of the Goods.
7.3. In case of detection of an irremediable defect, the Buyer shall ensure the safety and return of the defective Goods or defective parts that shall be replaced. When returning (replacing) low-quality Goods, the Buyer shall provide an acceptance certificate and/or a consignment note, and pack the Goods in its original packaging. Without the relevant documents and original packaging, the Seller has the right to refuse to accept the returned Goods.
7.4. In case of returning the Goods, the Buyer shall deliver the Goods to the Seller at the own expense of the Buyer. The return of the cost of the Goods to the Buyer shall be carried out after delivery of the Goods to the Seller.
7.5. The Buyer is notified that in accordance with the resolution of the Council of Ministers of the Republic of Belarus of June 14, 2002 No.778 “List of non-food goods of proper quality that are not subject to exchange and return” high-quality and complete Goods, including furniture sets and suites, are not subject to exchange and return.
7.6. The quality and texture of the delivered Goods shall correspond to the samples selected by the Buyer.
7.6.1. The Buyer is notified that the color and texture of natural wood and other natural materials are individual and depend on natural conditions. The Buyer accepts that the basic and natural finishing materials may partially or completely differ in color and texture both from the samples and between the individual elements of the Goods.
7.6. The Buyer is notified that the appearance and characteristics of the Goods may slightly differ from the information provided on the Website.
8. Liability and Settlement of Disputes
8.1. In the event of the occurrence of force majeure circumstances, the deadline for fulfilling the obligations under this Agreement shall be postponed in proportion to the time during which these circumstances continue to operate, without compensation for any losses.
8.2. The Seller is not liable for deterioration of the quality or mechanical damage of the Goods purchased on the Seller’s Website due to improper storage or improper assembly by the Buyer (their representative) and/or the improper usage of the Goods by the Buyer.
The Buyer has the right to send all claims for improper execution of the Order to the email address specified on the Website in the “Contacts” section or to inform the Seller.
8.4. All disputes arising from the execution of the Agreement for the Supply of Goods shall be settled by agreement between the Parties. If such an agreement is not reached, the dispute is subject to settlement in the judicial authority at the location of the Seller.
9. Confidentiality and Protection of Personal Information
9.1. Provision of information by the Buyer:
When placing an Order on the Website, the Buyer shall provide the following information: full name, email address, contact phone number, actual delivery address.
9.2. By submitting personal information when placing an Order, the Buyer agrees to processing the information by the Seller, including for the purpose of promoting goods and services by the Seller.
9.2.1. If the Buyer does not want personal information to be processed, the Buyer shall contact the Seller’s Customer Service by sending a letter to the email address specified on the Website. In this case, all information received from the Buyer shall be deleted from the Seller’s customer base and the Buyer will not be able to place Orders on the Seller’s Website.
9.3. Use of information provided by the Buyer and received by the Seller.
9.3.1. The Seller uses the information:
- to fulfill their obligations to the Buyer;
- to assess and analyze the performance of the Website;
- to promote goods and services.
9.3.2. The Seller has the right to send advertising and informational messages to the Buyer.
9.4. Disclosure of information received by the Seller:
9.4.1. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to agents and third parties acting on the basis of an agreement with the Seller to fulfill the obligations to the Buyer.
9.4.2. Disclosure of information in accordance with reasonable and applicable requirements of the law is not considered a violation of the obligations.
9.5. The Seller has the right to use the cookies technology. Cookies do not contain confidential information and are not transferred to third parties.
9.6. The Seller receives information about an IP address of Website visitors. This information is not used to identify the visitors.
9.7. The Seller is not liable for the information provided by the Buyer on the Website in a publicly available form.
9.8. The Seller is not liable for any losses that the Buyer may incur as a result of the fact that the Buyer has provided any information about the Buyer on the Website in a publicly available form.
10. Miscellaneous
10.1. The Seller reserves the right to unilaterally change the terms of this Agreement without notifying the Buyer. The current version of the Agreement is available on the Website in the “About the Company” section.
10.2. The Seller reserves the right to expand and reduce the selection of goods on the Website, to regulate access to the purchase of any Goods, and to suspend or terminate the sale of any Goods at the sole discretion of the Seller.
10.3. The law of the Republic of Belarus shall be the applicable law for the relations between the Seller and the Buyer.
10.4. The court’s recognition of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions of this Agreement.
11. Warranties
11.1. The warranty period for the Goods is 12 months and is calculated from the date of receipt of the Order by the Buyer. The Seller undertakes to eliminate, at the request of the Buyer, the identified defects made through the fault of the Seller or, at the discretion of the Seller, to reduce the cost of the Order in proportion to the defects.
11.2. The Seller has the right to check the validity of the Buyer’s claims to the quality of the Goods in any legal way.
11.3. Claims are not accepted if the defects occurred due to normal wear and tear, violation of the rules of usage and care, storage rules, or assembly rules of the Goods.
11.4. The Seller is not liable for the defects of the Goods that have arisen after transferring them to the Buyer, due to the fault of the Buyer or third parties, or due to force majeure circumstances.
11.5. If the Goods are repaired not by the Seller, the warranty is terminated from the start of such repair.
11.6. Other valid warranty provisions are specified in the product documentation provided to the Buyer with the Order.
12. General Rules of Using the Goods
High humidity and close proximity to heat sources lead to deformation of wooden products and contribute to the destruction of natural fibers. It is necessary to avoid using the Goods in conditions of temperature below 15 degrees and humidity over 50%, as well as to avoid placing the Goods near an open fire and in direct sunlight.