purchase and sale of goods
1. Basic definitions
1.1. Buyer - an individual intending to order or purchase goods, or ordering, purchasing or using the Goods exclusively for personal, family, household and other needs not related to the implementation of entrepreneurial activities, who placed an Order on the website en.radioshop.by as a recipient of the Goods.
1.2. Registered Buyer - A Buyer who has provided individual information about himself to the Seller (full Name, postal address, e-mail address, Phone number), which can be used to place an Order. This information is provided when placing an Order.
1.3. Seller - Individual entrepreneur Demid Vadim Valeryevich, Certificate of registration of an individual entrepreneur 290635188 dated 19.01.2010 issued by the Baranovichi City Executive Committee, company registration number 290635188, which sells goods remotely via the Internet.
1.4. Place of ordering - A site on which any Buyer can familiarize himself with the presented Products, their descriptions and prices for the Products, select a specific Product, a method of payment for the Products, send an Order by e-mail or directly on the website.
1.5. Site - a set of information resources posted on the Internet at en.radioshop.by, registered in the Trade Register of the Republic of Belarus on 26.05.2020 for No. 482828. The site is owned and administered by an individual entrepreneur Demid Vadim Valeryevich.
1.6. Product — the object of sale and purchase, not seized and not limited in civil circulation by third parties at the Place of Performance of the Obligation and not prohibited for shipment, by posting it in the appropriate section of the website en.radioshop.by. All goods displayed by the Seller on the website are not prohibited from circulation in the territory of the Republic of Belarus. For ordering other goods not listed on the website, the Seller is not responsible.
1.7. Order - designed in the form specified on the en.radioshop.by, which is an Annex to this Agreement and its integral part, is the Buyer's request for purchase and delivery to the address specified in the request of Goods selected on the website among the posted descriptions of goods, and sent via the Internet.
2. General provisions
2.1. This Agreement determines the procedure for retail sale of Goods via the Internet and, in accordance with Art. 396, art. 464 of the Civil Code of the Republic of Blarus, are the Seller's official public offer addressed to individuals, hereinafter referred to as the "Buyer", when jointly referred to as the Seller and the Buyer are also referred to as "Parties", and each separately "Party".
2.1.1. According to Article 396 of the Civil Code of the Republic of Belarus, a public contract is one of the types of contracts, in accordance with which one party undertakes an obligation to provide services in relation to an indefinite number of persons who have made a request for the provision of these services.
2.1.2. A public contract does not require execution on paper and its subsequent signing by the parties; it has legal force due to the performance of certain actions by the parties indicating their will to enter into a contractual relationship.
2.1.3. In particular, the publication (placement) of the text of a public agreement on the official website of the company is a public offer (offer) of the company, addressed to a wide range of persons in order to provide certain types of services (clause 2, article 407 of the Civil Code of the Republic of Belarus).
2.1.4. The fact confirming the conclusion of a public contract on the part of the consumer of services is the execution of an application for the provision of services in the form of an order on the Website and their subsequent payment (paragraph 3 of Article 408 of the Civil Code of the Republic of Belarus).
2.1.5. A public contract concluded in the manner described above is considered to be concluded in a simple written form (paragraphs 2, paragraph 3 of Article 404 and paragraph 3 of Article 408 of the Civil Code of the Republic of Belarus), and, accordingly, does not require registration on paper and has full legal force.
2.2. Each Party guarantees to the other Party that it has the necessary legal and legal capacity, as well as all the rights and powers necessary and sufficient to conclude and execute a retail sale and purchase agreement.
2.3. Ordering Goods via the Internet on the en.radioshop.by, the Buyer agrees to the terms of this Agreement set out below.
2.4. The relations between the Buyer and the Seller are subject to the provisions of the Belarusian legislation, including the Civil Code of the Republic of Belarus (including the General Provisions on Sale and Purchase (§ 1, Chapter 30), the Law of the Republic of Belarus "On Protection of Consumer Rights" dated 09.01.2002, No. 90-З, Rules of retail trade according to samples, approved by the Resolution of the Council of Ministers of the Republic of Belarus on January 15, 2009 No. 31 and other legal acts adopted in accordance with them.
2.5. The Seller reserves the right to amend this Agreement, in connection with which, the Buyer undertakes to regularly monitor changes in the Agreement posted on the website en.radioshop.by.
2.6. Placing an order on the site means acceptance of this Agreement.
2.7. The current version of this Agreement is posted at en.radioshop.by/contract.php
3. Registration and terms of execution of the Order
3.1. The buyer buys the Goods for his own household needs, which are not entrepreneurial activities.
3.2. The Buyer's order is made via the Internet at en.radioshop.by.
3.3. After receiving the Order, the Seller coordinates the Order data with the Buyer by e-mail. The terms of the order are agreed upon in the same letter and usually amount to 1-3 working days from the date of payment by the Buyer of the Order. In rare cases, the time for sending an order by mail can be delayed up to two weeks, in case of a re-sorting of the ordered goods in the warehouse at the time of order assembly, or an error in the quantity of goods posted on the store's website.
3.4. If the Buyer has any questions regarding the properties and characteristics of the Goods, before placing an Order, the Buyer undertakes to contact the Seller by e-mail: firstname.lastname@example.org.
4.1. Delivery of the Order is carried out with the help of the enterprise of the Republican Unitary Enterprise "BELPOST" (National Post). The cost of shipping costs varies and fits into the total cost of the Order after checking the Order. The shipment is made by a standard shipment with a tracking code for tracking the parcel. The track code is transmitted by the Seller to the Buyer after the Order is sent.
4.2. The ownership of the goods passes to the Buyer at the time he receives the mailing number, which the Seller informs the Buyer upon request, via e-mail, or when the order is received directly. The risk of accidental loss or accidental damage to the Goods passes to the Buyer at the time the Goods are handed over to him and the Buyer affixes a signature in the documents confirming the delivery of the Order.
4.3. The cost of delivery of the ordered Goods depends on the weight and dimensions.
5. Payment for the Goods
5.1. The currency of payment when paying for Goods is the US dollar.
5.2. The price of the Product is indicated in USD currency on the Website next to a specific Product name. At the same time, in addition, in case of order formation, the Buyer pays the cost of delivery and packaging costs. In case of return of the goods, the cost of delivery and packaging costs and other overhead costs that are documented will not be refunded to the Buyer.
5.3. The price of the Goods can be changed by the Seller unilaterally. At the same time, the price of the Goods ordered and paid for by the Buyer is not subject to change. The Seller may terminate this Agreement unilaterally for internal reasons, while returning the full amount paid for the goods.
5.4. The buyer pays for the Goods in US dollars by paying with a bank card online through the ASSIST system.
5.5. The purchase and sale agreement is considered concluded from the moment the Buyer pays for the ordered Goods. The Buyer can refuse to pay for the Order at any stage before the Order is paid.
6. Guarantees and responsibilities
6.1. Claims on the quantity and quality of the delivered goods are accepted by the Supplier within 30 days from the date of its receipt by the Buyer. The demand for the exchange or return of the goods is subject to satisfaction if the goods were not in use. The return of goods and funds occurs due to a mismatch of the brand of goods sent by the Seller, low-quality goods, or other reasons agreed by the Parties. The warranty does not apply to the product, the defect that arose as a result of the Buyer's violation of the conditions of transportation, storage and operation.
6.1. When funds are returned to the card, the money is returned to the card with which the purchase was made within 30 days, depending on the bank that issued the card
6.2. The Seller is not responsible for the damage caused to the Buyer as a result of improper use of the Goods.
6.3. The Seller is not responsible for the Buyer's losses incurred as a result of:
— incorrect filling of the order, including incorrect indication of personal data,
— illegal actions of third parties.
6.4. The Buyer undertakes not to use the ordered Goods for business purposes.
6.5. The buyer is fully responsible for the accuracy of the information specified by him when ordering goods on the site en.radioshop.by.
6.6. The Parties are exempt from liability for full or partial failure to fulfill their obligations if such failure was the result of force majeure circumstances that arose after the entry into force of the Rules, as a result of extraordinary events that the Parties could not foresee and prevent by reasonable measures.
6.7. In other cases not provided for in clause 6.5. non-fulfillment or improper fulfillment of their obligations, the Parties shall be liable in accordance with the current legislation of the Republic of Belarus.
7. Confidentiality and protection of personal information
7.1. Providing information by the Buyer:
7.1.1. When placing an order on the website en.radioshop.by, the Buyer provides the following information about himself: full name, e-mail address, postal address, phone number for SMS messages (optional).
7.2. Use of information provided by the Buyer and received by the Seller:
7.2.1. The Seller uses the information received from the Buyer to fulfill his obligations to the Buyer.
7.3. Disclosure of information received by the Seller:
7.3.1. The Seller undertakes not to disclose the information received from the Buyer. The provision by the Seller of information to agents and third parties acting on the basis of an agreement with the Seller to fulfill obligations to the Buyer is not considered a violation.
7.3.2. It is not considered a violation of obligations to disclose information in accordance with reasonable and applicable legal requirements.
7.3.3. The seller does not store the password for entering the Buyer's personal account directly in the website database. The password for entering the Buyer's personal account is stored in the Site database in the form of a hash.
7.4. The seller does not use information about the ip-address (unique identifier of a device connected to the local network and / or the Internet) of the Site visitor to identify the visitor.
8. Other conditions
8.1. The law of the Republic of Belarus applies to the relationship between the Buyer and the Seller.
8.2. The Buyer guarantees that all the terms of this Agreement are clear to him, and he accepts them unconditionally and in full.
8.3. The parties will try to resolve all disputes that arise through negotiations; if an agreement is not reached, the dispute will be referred to the court in accordance with the current legislation of the Republic of Belarus.
8.4. The invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.