Public Offer Agreement
1. GENERAL PROVISIONS
1.1. Sole Proprietor Arseniy Aleksandrovich Nesaty, acting on the basis of registration certificate No. 322774600055517, TIN: 771538720386, hereinafter referred to as the “Seller,” publishes this Public Offer for the sale of goods presented on the official website of the Seller https://heavenindustries.store/. The individual who accepts this offer, hereinafter referred to as the “Buyer,” together with the Seller are collectively referred to as the “Parties,” and this agreement is concluded as follows.
1.2. According to Article 437 of the Civil Code of the Russian Federation (CC RF), this document is a public offer. By accepting the terms set forth below, an individual who accepts this offer makes payment for the Seller's goods in accordance with the terms of this Agreement. In accordance with Clause 3, Article 438 of the CC RF, payment by the Buyer constitutes acceptance of the offer and is considered equivalent to concluding an Agreement under the terms set forth in the offer.
1.3. Based on the foregoing, please read this public offer carefully. If you do not agree with any clause of the offer, you are advised to refuse the purchase of goods or use of services provided by the Seller.
1.4. In this offer, unless the context requires otherwise, the following terms have the following meanings:
“Offer” – A public proposal by the Seller, addressed to any individual (citizen), to enter into a purchase and sale agreement (hereinafter referred to as the “Agreement”) under the existing terms contained in the Agreement, including all its appendices.
“Buyer” – An individual placing orders on the official website of the Seller and entering into an Agreement with the Seller on the terms contained in this offer.
“Acceptance” – Full and unconditional acceptance by the Buyer of the terms of the Agreement.
“Goods” – A tangible item offered for sale on the Website.
“Order” – A properly completed request by the Buyer to purchase Goods selected on the Website and available for order with delivery. An Order may be placed both for the purpose of entering into a retail purchase agreement with the Seller and for the purpose of exchanging or replacing goods under a previously concluded agreement in cases provided by the legislation of the Russian Federation.
“Pre-order” – A properly placed request by the Buyer to purchase goods not yet in stock (i.e., not yet available from the Seller).
“Delivery Service” – A third party providing delivery services to Buyers, including by mail or via CDEK.
“Website” – https://heavenindustries.store/
“Phone” – ??????????
1.5. For the purposes of this offer, terms and definitions in the singular also refer to the plural and vice versa.
1.6. The terms of this offer apply to the Website unless otherwise expressly stated in this offer.
1.7. The Seller and the Buyer warrant that they have the necessary legal and contractual capacity, as well as all rights necessary to conclude and execute a remote retail purchase and sale agreement.
1.8. The remote retail purchase and sale agreement shall be deemed concluded from the moment the Seller receives the Buyer's message expressing the intention to purchase goods.
1.9. The offer to conclude a remote retail purchase and sale agreement shall be effective indefinitely.
2. SUBJECT OF THE AGREEMENT
2.1. The Seller sells the Goods listed on the Website at the prices indicated on the Website; delivers the Goods via a courier service or hands over the ordered Goods to the Buyer at the Seller’s location, and the Buyer makes payment and accepts the Goods in accordance with the terms of this offer.
2.2. Based on the Order, the Seller undertakes to deliver, and the Buyer to accept and pay for the ordered Goods under the terms of this Offer.
2.3. This Agreement and its annexes are official documents of the Seller and constitute an integral part of the offer.
2.4. The Offer becomes effective upon its publication on the website https://heavenindustries.store/ and remains valid until it is revoked by the Seller. The Seller reserves the right to make changes to the terms of this Agreement, which become effective upon the publication of the revised Offer text on the Website. Therefore, the Buyer undertakes to independently monitor such changes.
2.5. If any term of the Offer becomes invalid or contradicts applicable law, such provision shall be replaced with a similar one that most closely reflects the original intent of the Parties. The invalidity of individual provisions does not affect the validity of the Offer as a whole.
3. ORDER PLACEMENT
3.1. The Buyer independently places an Order through the website https://heavenindustries.store/.
3.2. When placing an Order on the Seller’s website, the Buyer agrees to provide the following registration information:
– full name;
– delivery address (region, city, street, building, apartment);
– email address;
– contact phone number.
3.3. By placing an Order, the Buyer consents to receiving SMS messages containing order updates, special offers, discounts, and promotional content from the Seller and affiliated companies, sent to the provided phone number and/or email.
3.4. The Seller is not responsible for the content or accuracy of the information provided by the Buyer when placing the Order.
3.6. The Buyer is responsible for the accuracy of the information provided. Incorrect information that results in the Seller’s inability to fulfill obligations is the Buyer’s sole responsibility.
3.7. All informational materials on the Website are for reference only and may not fully represent the properties and characteristics of the Goods. If the Buyer has any questions, they must contact the Seller for clarification before placing an Order.
3.8. By placing an Order, the Buyer agrees to the terms of sale, delivery, and payment for the Goods.
4. ORDER PAYMENT
4.1. Payment for an Order placed on the website constitutes the Buyer's agreement with the terms of this Agreement. The payment date is the date of conclusion of the purchase agreement.
4.2. Payment is made online using the Seller’s payment form. Confirmation of payment is a receipt emailed to the Buyer.
4.3. Product prices listed on the Website may be changed by the Seller without notice.
4.4. Features of card payments:
4.4.1. According to the Central Bank of Russia Regulation No. 266-P, card transactions are performed by the cardholder or an authorized representative.
4.4.2. Authorization of card transactions is performed by the bank. If fraud is suspected, the bank may deny the transaction.
4.4.3. To prevent unauthorized card use, all prepaid orders may be subject to verification. The Seller reserves the right to cancel any order without explanation and return the funds to the cardholder.
5. ORDER PROCESSING, DELIVERY, AND ACCEPTANCE
5.1. Orders are fulfilled within 5 business days of payment. Delivery delays may occur due to circumstances beyond the Seller’s control. Estimated delivery times are not binding and may be extended by 3–4 days without notice.
5.2. The Seller is not responsible for unavailability of Goods listed as "in stock." In such cases, the Seller shall notify the Buyer and refund the amount paid within 10 days upon request.
5.3. Fixed delivery cost:
– Delivery within Moscow and Russia: 500 RUB. Terms and timing are listed on the Website.
5.4. Orders are delivered to the Buyer or a designated recipient.
5.4.1. The Seller is not responsible for incorrect delivery address or recipient details provided by the Buyer.
5.4.2. The Seller is not liable for delivery delays due to circumstances beyond their control.
5.5. To prevent fraud, upon delivery of prepaid Orders, identity documents may be requested by the courier. The Seller ensures confidentiality of such data.
5.6. The Buyer must inspect the Goods upon receipt for quantity, packaging, and completeness.
5.7. If incorrect contact details are provided, the Seller is not liable for failure to fulfill the Order.
5.8. If delivery fails within 7 days for reasons not attributable to the Seller, the Order is deemed canceled. The Seller will refund the payment within 30 days, deducting actual delivery and cancellation costs.
5.9. Risk of loss or damage transfers to the Buyer:
– upon receipt in Moscow: at the time of handover;
– via delivery service: at the time of dispatch from the Seller.
5.10. The Seller is not responsible for damage or loss of Goods during delivery by third-party services.
5.11. Unclaimed Goods are returned to the Seller. Buyer covers associated costs.
5.12. Failure to collect the Goods may be treated as contract cancellation by the Buyer.
6. RETURNS
6.1. Under Article 26.1 of the Law of the Russian Federation “On Consumer Rights Protection”, the Buyer may return the Goods within 7 days after delivery, provided the product remains in good condition and accompanied by proof of purchase.
6.2. The Buyer may not return customized Goods of proper quality.
6.3. If the Goods are defective, they must be returned to the Seller within 5 business days.
6.4. Defective Goods will be refunded within 10 days upon written request. Delivery costs are non-refundable. For online payments, funds are returned to the original account.
6.5. Returns are accepted upon written request from the Buyer.
6.6. Returns of proper quality Goods are at the Buyer's expense.
6.7. Returns must be sent to the Seller’s address as listed in the Agreement and on the Website.
6.8. A return report must include:
– Seller's full name;
– Buyer's full name and passport details;
– Product name;
– Reason for return;
– Handover date;
– Refund amount;
– Signatures of Buyer and Seller.
6.9. Refunds for proper quality Goods are processed within 10 days of request.
6.10. Refunds require a “Refund Request Form” provided by the Seller upon Buyer’s request.
6.11. If the delivered Goods do not match the order, the Buyer may refuse delivery and request replacement or refund.
7. RIGHTS, OBLIGATIONS AND LIABILITY
7.1. The Seller is not liable for improper use of Goods by the Buyer.
7.2. The Seller may delegate order fulfillment to third parties.
7.3. The Seller may record phone conversations for quality and control purposes. The Seller ensures protection from unauthorized access and data leaks.
7.4. Russian Federation law governs this Agreement.
7.5. Disputes shall be resolved through negotiations. If unresolved, they shall be submitted to a court at the Seller’s location.
7.6. Claims for improper fulfillment must be emailed to the contact provided on the Website.
8. CONFIDENTIALITY AND DATA PROTECTION
8.1. The Buyer provides personal data to purchase Goods.
8.2. By providing data, the Buyer consents to its processing and marketing use, including newsletters.
8.2.1. If the Buyer objects, they must notify the Seller, after which the data will be deleted.
8.3. Data usage includes:
– website registration;
– order fulfillment;
– Website analysis;
– promotional activities.
8.3.2. The Seller may send marketing materials unless the Buyer opts out.
8.4. Disclosure of data:
8.4.1. The Seller may share data with contractors only for order fulfillment.
8.4.2. Disclosure may occur as required by law.
8.5. The Seller is not responsible for public data posted by the Buyer.
8.6. The Seller is not responsible for losses due to third-party access to login data.
8.7. If unauthorized access is suspected, the Seller may change the Buyer’s password.
9. CLAIMS AND DISPUTE RESOLUTION
9.1. Warranty period is one (1) month from receipt.
9.2. If defects are found within the warranty period, the Buyer may:
– request replacement with the same item;
– request exchange for a different item with price adjustment;
– request a price reduction;
– cancel the contract and request a refund.
9.3. Claims must include:
– Buyer’s full name, address, and contact info;
– Passport and bank details if requesting a refund;
– Product name and purchase date;
– Description of defect and desired action;
– Proof of purchase.
9.4. Goods must be returned for quality inspection. An inspection report will be issued.
9.5. The Seller is not liable for subjective dissatisfaction or expectations.
9.6. The Seller is not liable for losses or damage due to misuse.
9.7. Disputes shall be resolved through negotiations.
9.8. If negotiations fail, claims must be submitted in writing. Review time: 30 calendar days.
9.9. Unresolved claims are subject to court proceedings under Russian law.
9.10. If any part of the Agreement is ruled invalid, the remainder remains in effect.
9.11. Email correspondence constitutes official communication and may be used in court.
10. WEBSITE PUBLICATION
10.1. The current version of the Offer is available at: https://heavenindustries.store/page/oferta.
11. SELLER DETAILS
Sole Proprietor: Arseniy Aleksandrovich Nesaty
TIN: 771538720386
OGRNIP: 322774600055517
Email: info@heavenindustries.store
Settlement Account: 40802810001500269731
Correspondent Account: 30101810745374525104
Bank: LLC "Bank Tochka"
BIC: 044525104
