Public Offer for Concluding an Agreement on the Sale of Goods through Remote Means

Date of last update: 13.10.2023

In this offer, unless the context requires otherwise, the following terms shall have the meanings set forth below and are an integral part thereof:

"Seller" – a legal entity established under the laws of the Russian Federation and engaged in entrepreneurial activities related to the production of Goods and their sale, ИП Мозолин Сергей Владимирович (321032700031821, location: 670033, республика Бурятия, г Улан-Удэ, мкр. 140А, д. 18, кв. 31, email address: [email protected], phone number: +79644078757).

"Buyer," "User" – any legally capable individual who has accepted the terms of this offer and entered into an agreement with the Seller on the conditions specified herein by accepting the Seller's offer and providing personal data to the Seller, which may be used by the Seller to process the Buyer's Order.

"Website" – the official web page of the Seller located at https://dzenpizza.ru/

"Online Store" – the official online store of the Seller for selling Goods listed on the Website, as well as providing services related to the sale of Goods (such as delivering Goods, etc.).

"Application" – a mobile application developed for the convenience of the Buyer aimed at selling Goods listed on the Website or in the Online Store.

"Goods" – a list of products presented on the Website.

"Order" – a request placed by the Buyer for purchasing and delivering Goods selected by the Buyer and submitted to the Seller via the Internet (an electronic form available on the Website or in the Application) or placed by the Buyer over the phone.

"Courier Service" – individuals who provide delivery services for Goods ordered by the Buyer on behalf of the Seller.

For the purposes of this offer, terms and definitions in the singular also refer to terms and definitions in the plural and vice versa.

2.1. In accordance with Article 437 of the Civil Code of the Russian Federation (hereinafter referred to as the "Civil Code"), this document constitutes a public offer addressed to any legally capable individual, and upon acceptance of the terms set forth herein, such individual undertakes to pay for the Goods on the terms stated in this offer. According to paragraph 3 of Article 438 of the Civil Code, the moment of final confirmation of the Order by the Buyer constitutes acceptance of the Seller’s offer, which is equivalent to entering into a Retail Purchase Agreement (hereinafter referred to as the “Agreement”) for the Goods on the terms established in this offer and on the Website.

2.2. The Seller and the Buyer guarantee that they possess the necessary legal capacity and all rights and powers required to conclude and perform the Retail Purchase Agreement for the Goods.

2.3. By ordering Goods through the Application, Online Store, or by telephone, and paying for them, the Buyer unconditionally accepts the terms of this offer. An Order placed and paid for by the Buyer confirms the conclusion of an Agreement between the Seller and the Buyer on the terms set forth in this offer.

2.4. The relationship between the Buyer and the Seller is governed by the provisions of the Civil Code (including those concerning retail purchase and sale (Chapter 30, Section 2)), the Law of the Russian Federation "On Protection of Consumer Rights" dated February 7, 1992 No. 2300-1, and other regulatory acts of the current legislation of the Russian Federation (hereinafter referred to as the "RF").

2.5. The appearance of the Goods may slightly differ from what is shown on the Website, in the Application, and in the Seller's advertising materials.

2.6. The Seller reserves the right to make changes to this offer without prior notice, and therefore the Buyer undertakes to independently monitor for any changes in this offer, the current version of which is posted on the Website. If the Seller changes the terms of the offer, these changes take effect from the moment the amended terms of the offer are published on the Website, unless a different effective date is explicitly indicated by the Seller.

3.1. The Seller provides the following services to Buyers:

a) assists in placing Orders both by phone and through the Seller's Application/Website;

b) delivers Goods to the Buyer's address using its own Courier Service (if necessary).

3.2. The Seller sells Goods at prices listed on the Seller's Website on the day the Order is placed, and the Buyer pays for and receives the Goods according to the terms of this offer.

3.3. Title to the Goods passes to the Buyer upon receipt of the Goods by the Buyer, provided that the Buyer has paid the full price for the received Goods. Risk of accidental loss or damage to the Goods transfers to the Buyer upon receipt of the Goods by the Buyer.

3.4. Services provided by the Seller's Courier Service are offered free of charge or for a fee to the Buyer. The cost of delivery for each Order and other significant delivery terms are communicated directly to the Buyer during the Order placement process. Services related to processing the Order and transferring it to the Courier Service or to the Buyer (in case of self-pickup) are provided free of charge to the Buyer.

4.1. The Seller undertakes to:

4.1.1. Ensure fulfillment of its obligations to the Buyer on the terms set forth in this offer and in compliance with the requirements of applicable RF law. The Seller shall not be liable for failure to fulfill its obligations if circumstances beyond its control ("force majeure") arise.

4.1.2. Process and store the Buyer's personal data provided to the Seller in accordance with the requirements of RF law based on the Seller's Privacy Policy posted on the Website and/or in the Application, ensure confidentiality, and prevent access to this information by third parties, except in cases provided for by applicable RF law.

4.2. The Seller has the right to change the terms of this offer; prices for Goods listed in the Application/Online Store/advertising materials of the Seller; delivery terms and payment methods for delivery of Goods; delivery methods, timelines, and territories; as well as other terms specified in this offer, in the Application/on the Website, and in the Seller's advertising materials.

4.3. The Buyer undertakes to:

4.3.1. Before placing and paying for an Order on the Website, familiarize themselves with the content and terms set forth in this offer, as well as with other terms listed on the Website, including prices for Goods set in the Application/Online Store, and the minimum Order value required for delivery to the Buyer.

4.3.2. Provide accurate personal data necessary for identifying the Buyer and sufficient for completing a transaction with the Seller and delivering the ordered Goods to the Buyer.

If the Buyer provides incorrect information or if the Seller has reasonable grounds to believe that the provided information is inaccurate, incomplete, or misleading, the Seller has the right to suspend or cancel the Buyer's registration and/or refuse to enter into the Agreement.

4.3.3. Pay for the ordered Goods on the terms of this offer at the agreed-upon location and/or time when placing the Order.

4.3.3.1. In case of changing the location and/or time previously agreed upon when placing the Order, the Buyer agrees to bear additional transportation costs for delivering the Goods.

4.3.4. Not use the Goods purchased under the Agreement on the terms of this offer for business purposes.

4.3.5. Comply with the terms established in this offer, as well as other terms indicated on the Website/in the Application.

4.4. The Buyer has the right to:

4.4.1. Use the Online Store after registering on the Website/in the Application and creating a unique User account. Login credentials for the account are exclusive and non-transferable.

If the Buyer shares login credentials with third parties, the Buyer is fully responsible for actions taken by such third parties, as well as for damages caused to the Seller by such third parties.

5.1. The Seller provides the Buyer with access to the content of the Website and/or Application as-is and without any warranties.

5.2. The Seller does not guarantee continuous or unconditional access to the services provided through the Website and/or Application. The functioning of telecommunications/the Application/the Online Store on the Website may be disrupted by force majeure events and other factors beyond the Seller's control or ability to overcome.

6.1. To obtain the right to order Goods in the Online Store on the Website/Application and its additional services, the Buyer must go through a registration procedure, resulting in the creation of a unique user account.

6.2. User registration is carried out as follows:

a) The User enters their mobile phone number in federal format (+79XXXXXXXXX) into the registration form; the phone number provided by the User during registration will be used as the username (login) when using the Application/Online Store.

b) The User enters a password that will be sent to the specified mobile number via SMS message.

6.3. By performing actions to register a user account in the Application/Online Store and placing an order for Goods, the User accepts the terms of this offer in full and without any exceptions.

6.4. Registering the Buyer helps prevent unauthorized actions by third parties on behalf of the Buyer and grants the Buyer access to additional services. Transferring the Buyer's login and password to third parties is prohibited. The User is solely responsible for maintaining the confidentiality of their account login details. The User is personally responsible for all actions (and their consequences) performed within or using the functionality of the Website or Application and the Seller's services under the User's account. All actions performed within or using the functionality of the Website or Application and/or the Seller's services under the User's account are considered to have been performed by the User themselves.

6.5. Ordering Goods can be done by the Buyer either through the Application, on the Website, or by phone.

6.6. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.

7.1. The Buyer's Order can be placed by phone and/or by filling out an electronic Order form in the Application/on the Website.

7.1.1. When placing an Order, the Buyer thereby confirms that they have read the terms of this offer, agree with its terms, and undertake to provide the Seller with all the information necessary for proper processing and execution of the Order. At their discretion, the Buyer may (but is not obliged to) give consent to receive promotional messages from the Seller.

7.1.2. When placing an Order through the Application/Website, the Buyer fills out an electronic Order form and sends the completed Order to the Seller by confirming the Order electronically.

7.1.3. For an Order placed by the Buyer through the Application/Online Store to be processed, confirmation from the Seller to the Buyer is required, given via SMS or a phone call to the Buyer's contact number, indicating that the Order has been received, accepted, and transferred for processing. The Order is considered accepted for processing starting from the moment of its confirmation.

7.1.4. If an Order placed by the Buyer through the Application/Online Store has not been confirmed by the Seller to the Buyer, the Buyer should verify by calling the phone number listed in section 1 of this offer whether their Order was received, accepted, and transferred for processing by the Supplier.

7.2.1. The Buyer can only order Goods that are available in the Supplier's warehouse at the time the Order is placed.

7.2.2. If the Seller's warehouse does not have the required quantity or assortment of Goods ordered by the Buyer, the Seller informs the Buyer about this by phone within 15 minutes after receiving the Order from the Buyer. The Buyer has the option to accept the Goods in a different quantity or assortment, or to cancel their Order. If no response is received from the Buyer, the Seller has the right to cancel the Buyer's Order in full.

7.3. Once the Order has been confirmed by the Seller, the Buyer cannot modify the contents of the Order.

7.4. If the Buyer has additional questions regarding product characteristics before placing an Order, the Buyer should contact the Seller by phone, as indicated in section 1 of this offer, to obtain the necessary information.

7.5. The Supplier receives information about the Buyer's Order within 5 minutes from the moment the Order is accepted by the Seller. The Supplier begins executing the Order in the sequence of all Orders currently being processed.

7.6. When placing an Order from the Buyer, the Seller informs the Buyer of the estimated delivery time of the Order by the Courier Service to the Buyer's address. If the Buyer did not cancel the Order while it was being placed and the Order was subsequently confirmed by the Seller, the Buyer agrees with the indicated delivery time and the Order will be transferred to the Supplier for execution.

8.1. The Seller will make every effort to adhere to the delivery times for Goods communicated to the Buyer when placing the Order. However, delays in delivery may occur due to unforeseen circumstances.

8.2. If the Goods were not delivered to the Buyer due to the fault of the latter, refusal of the Buyer to accept and/or pay for the Goods, or a false call, the Seller has the right to block the Buyer's login (mobile phone number) and subsequently not accept Orders from that Buyer, neither by phone nor through the Website or Application.

8.3. Delivery of Goods is carried out by the Courier Service to the actual address provided by the Buyer when placing the Order in the Online Store and/or by phone to the Seller.

8.3.1. The approximate delivery time for Orders, which the Seller aims to meet, is displayed on the Website/Application after the Buyer specifies the delivery address. This time may be extended due to weather conditions, road situation, or production workload.

8.4. Delivery is subject to the condition that the Buyer places an Order for the minimum Order amount. The minimum Order amount is determined by the Seller unilaterally and is indicated on the Website.

8.4.1. The possibility of delivering Goods outside the delivery area must be pre-approved by the Buyer with the Seller. The Seller has the right to refuse delivery of an Order if it falls outside the delivery zone.

8.5. The Seller is not responsible for the fulfillment/non-fulfillment of obligations by Courier Services to Buyers, as well as for the accuracy of information provided by such services. While the Seller endeavors to resolve various situations arising between the Buyer and the Courier Service, it does not guarantee a positive or definitive resolution for either party.

9.1. Prices for Goods are determined by the Seller unilaterally and are indicated on the Website in Russian rubles. The price of a Good may be changed by the Seller unilaterally. However, the price of a Good already ordered by the Buyer cannot be changed.

9.2. Payment for Goods by the Buyer is made in Russian rubles. There are two options for non-cash payment available to the Buyer: non-cash payment by bank card through the mobile terminal of the Courier Service employee; non-cash payment by bank card via the bank's payment gateway.

9.2.1. Non-cash payment by bank card through the mobile terminal of the Courier Service employee is made upon receipt of the Goods by the Buyer. Confirmation of this payment is provided by the Courier Service employee in the form of a payment receipt and/or sales check, along with bank receipts for payment through the terminal. With this payment method, the Courier Service employee must provide the Buyer with two bank checks for signature, one of which the Courier Service employee takes for reporting to the Seller.

9.2.2. Non-cash payment by bank card through the Website (online) via the bank's payment gateway is made by the Buyer when placing an Order through the Application/Online Store. After successful completion of the payment, an electronic receipt confirming the transaction, containing a unique identifier, is sent to the payer's email address. In this case, the third party engaged by the Seller - ИП Мозолин Сергей Владимирович - acts on behalf of the Seller in collecting payments, engaging an authorized payment operator or operator of electronic money. The Seller and the third party engaged by the Seller - ИП Мозолин Сергей Владимирович - do not guarantee the absence of errors or malfunctions in the operation of the Online Store regarding the provision of non-cash payment options. The choice of the appropriate form of payment is made by the user through the interface of the Website or Application.

9.2.3. If non-cash payment by bank card through the Website (online) is not confirmed by the Seller to the Buyer because it was not received based on data from the processing center, the Seller must offer alternative payment methods to the Buyer. If it is impossible for the Buyer to pay for the Order using any other method, the Order will be canceled by the Seller.

9.2.4. Bank cards of the following payment systems are accepted for non-cash payment by bank cards, both through the mobile terminal of the Courier Service employee and through the Website (online) via the bank's payment gateway: MIR, Visa, MasterCard. If your card is enabled for 3D-Secure, payment authorization will be performed using a one-time password.

9.2.5. Input and processing of confidential payment data is handled by the bank. Payment data is transmitted to the bank in encrypted form over secure channels. Even the Seller cannot access the Buyer's inputted bank card details, ensuring complete security for their funds and personal information.

10.1. The Seller is obligated to transfer Goods to the Buyer that fully correspond to their Order, whose quality corresponds to the information provided to the Buyer when concluding the Contract, as well as the information brought to their attention when handing over the Goods (on labels or inserts attached to the Goods or their packaging, or in other ways provided for certain types of Goods).

10.2. Upon receiving the Goods, the Buyer verifies the conformity of the received Goods with the Order, completeness, and lack of complaints regarding the external appearance of the delivered Goods. In the event of receiving goods of poor quality, the Buyer needs to contact the email address specified in section 1 of this offer to choose a way to resolve the issue. If a refund is necessary, the money is returned to the same card from which the payment was made.

10.2.1. The exchange of Goods by the Seller occurs for similar Goods of good quality, or, by mutual agreement with the Buyer, for another Good chosen by the Buyer. In this case, the cost of the previously paid-for Goods is credited toward the newly selected Goods, and further monetary settlements between the Buyer and the Seller are made in accordance with the Contract and the applicable RF legislation.

10.3. In cases of double or erroneous debiting of funds from the Buyer's account when making a non-cash payment, when making a non-cash payment for an Order and the Seller is unable to deliver the Goods to the Buyer for technical reasons, as well as when a non-cash payment is made by the Buyer for an Order whose delivery address is outside the Seller's delivery zone, refunds are made based on the Buyer's written statement requesting a refund. Within ten days from the date of the Buyer submitting such a claim, the Seller returns the amount paid by the Buyer for such an Order.

10.4. In the event of the Buyer refusing the Goods (Order) or replacing Goods in the Order when making a non-cash payment, the Seller refunds the money to the same card from which the payment was made.

10.5. A refund of non-cash payment of funds by the Seller to the Buyer is made to the Buyer's bank card within 10 banking days, beginning from the next banking day after the Buyer submits a claim for a refund.

10.6. The Seller has the right to deny the Buyer an exchange or return of Goods at his discretion if he has evidence of improper conduct by the Buyer. Additionally, the Seller may hold the Buyer accountable through judicial proceedings.

10.7. If the conditions of section 10.2 of this offer are not met, the Buyer's claims regarding the external appearance of the Goods and their completeness are not accepted.

11.1. Either Party is released from liability for the full or partial non-performance of its obligations under this offer if such non-performance was caused by circumstances beyond the control of the parties. Circumstances of force majeure include extraordinary events and circumstances that the parties could not foresee or reasonably avoid. Such extraordinary events or circumstances include, among others: strikes, floods, fires, earthquakes, wars, military actions, and so on.

12.1. The Buyer acknowledges and agrees that the Application, Website, Online Store, Seller's services, and all associated programs contain confidential information protected by intellectual property laws and other Russian and international laws. The Buyer agrees not to modify, sell, distribute, or disseminate this content and programs in whole or in parts.

13.1. Both parties are liable for non-performance or inadequate performance of the contract concluded by the Buyer through acceptance of the Seller's offer, in accordance with Russian Federation legislation.

13.2. All textual information and graphic images placed in the Application, Online Store, and on the Website belong to the legal owner. Unauthorized use of this information and images is prosecuted under Russian Federation law. If information and/or images are taken from the website, a link to the resource must be included.

13.3. The Seller is not responsible for any harm caused to the Buyer due to improper use of Goods by him/her.

13.4. The Seller is not liable for losses incurred by the Buyer as a result of incorrectly filled orders, including wrongly specified data or incorrect filling out of payment forms when making non-cash payments with a bank card.

13.5. The Buyer bears responsibility for the accuracy of the information and data provided during registration.

13.6. The User guarantees that he/she will not use the Online Store and Website for any purpose other than those specified in this offer.

13.7. In case of violation of the obligations stipulated in this offer by the User, the Seller has the right to block the Buyer's access to the Application, Online Store, and Website by blocking the Buyer's login (telephone number).

13.8. The Seller is not responsible for the actions of Suppliers of Goods and their compliance with Russian Federation law, including sanitary-hygienic norms and rules. The Seller does not participate in possible disputes or conflicts, including court proceedings, between the Supplier and the Buyer. The Seller does not bear responsibility for the fulfillment/non-fulfillment of obligations by Suppliers to Buyers, as well as for the reliability of information provided by Suppliers for publication on the Seller's Application, Website, and Online Store. The Seller strives to assist in resolving issues between the Buyer and the Supplier but does not guarantee a favorable outcome for either side.

14.1. This offer comes into effect when the Buyer performs actions leading to the conclusion of a purchase contract through the Application, Website, or Online Store.

14.2. Any disputes arising from non-performance or inadequate performance of obligations under this Agreement will first be attempted to be resolved through negotiations.

14.3. If negotiations fail to reach a consensus, disputes will be settled in court in accordance with the applicable Russian Federation legislation.