First Deputy Director
OJSC Minsk Watch Plant
______________ A.M. Margaryan
_______________ __, 2019
PUBLIC OFFER CONTRACT
Minsk, Republic of Belarus
OJSC Minsk Watch Plant, hereinafter referred to as the “Seller”, represented by the Deputy Director for General Affairs Rafik Semenovich Sarkisyan, acting on the basis of the power of attorney dated January 31, 2019 No. 16, have entered into this Public Offer Contract in the Internet (hereinafter referred to as the “Contract”) with any individual, hereinafter referred to as the "Buyer".
This Contract in accordance with clause 2 of Article 407 of the Civil Code of the Republic of Belarus is a Public Offer, full and unconditional acceptance of the terms of which in accordance with Article 408 of the Civil Code of the Republic of Belarus is payment by the Buyer for the goods offered by the Seller in the manner specified by this Contract.
The offer acceptance means that the Buyer agrees with all provisions of this Contract, which, in accordance with clause 3 of Article 404 of the Civil Code of the Republic of Belarus, is considered to be the conclusion of the Contract in writing. The date of contract conclusion shall be deemed to be the date of payment.
The person who makes acceptance under this Contract becomes the Buyer, and the Seller and the Buyer become parties to the purchase contract.
DEFINITION OF TERMS:
For the purposes of this Contract, the basic terms have the following meanings:
Ordermeans an inquiry sent by the Buyer through the website of the online store for the purchase of goods and their delivery.
Goodsmeans property submitted for sale in the online store and possible for formation of the Order.
Online storemeans an information resource posted by the Seller in the Internet on the website www.mwpwatches.com, which allows to carry out an order for purchase or selection and purchase of goods without (outside) the retail facility.
Buyermeans an individual resident of the Republic of Belarus or an individual non-resident or a stateless person with sufficient legal capacity to complete a transaction and intending to order or purchase or ordering, purchasing goods or using goods exclusively for personal, family, household and other needs, not related to business activities.
Seller means OJSC Minsk Watch Plant , UNP 1000230391, located at the address: Republic of Belarus, Minsk, Nezavisimosti Prospekt, 95.
Offermeans the Seller’s public offer addressed to any individual to enter into a purchase contract with the Seller under the terms contained in this Contract.
Acceptancemeans full and unconditional acceptance by the Buyer of the terms and conditions of this Contract.
Delivery means transfer of the Goods to the Buyer by the Seller by one of the methods listed on the pages of the online store and selected by the Buyer when placing the Order.
1. SUBJECT OF THE CONTRACT
1.1. The Seller agrees to transfer to the Buyer, and the Buyer agrees to accept and pay for the goods, name, quantity, assortment and price of which are presented on the website of the Seller’s online store.
The Buyer selects goods by placing the Order on the website of the online store.
1.2. The Parties undertake to strictly observe the principle of equality of participants in civil relations, to exercise their rights and fulfill their obligations reasonably and in good faith, without any intention to cause damage (losses), restrict rights and interests of the other Party protected by the laws.
1.3. The conclusion of this Contract is made by joining the Seller to this Contract as a whole, without any conditions, exceptions and reservations.
2. DELIVERY TERMS
2.1. Delivery of the Goods shall be carried out by the Seller by post to the address specified by the Buyer when placing the Order on the website of the online store.
2.2. The transfer of ownership of the Goods occurs at the moment of their transfer to the postal organization for delivery to the Buyer, as evidenced by a postal receipt.
2.3. The risk of accidental loss and damage to the Goods passes from the Seller to the Buyer from the moment the Goods are transferred to the postal organization, as evidenced by a postal receipt.
2.4. The Buyer shall purchase the goods for own consumption.
2.5. Delivery of the Goods shall be carried out within 30 (thirty) working days upon receipt of 100 (one hundred) % advance payment to the Seller’s bank account.
2.6. When purchasing the Goods in an online store, the Buyer shall retain all rights guaranteed by the Law of the Republic of Belarus dated 09.01.2002 No. 90-З “On Protection of Consumer Rights”.
2.7. The date of shipment of the Goods shall be deemed to be the date of their shipment form the Seller’s warehouse:
2.8. The Seller shall be deemed to have fulfilled its obligations for delivery of the Goods from the moment of transfer of the Goods to the postal organization for delivery to the Buyer.
3. SETTLEMENT PROCEDURE
3.1. Payment for the Goods shall be made upon condition of 100% prepayment to the Seller’s bank account specified in section 10 of this Contract. The price of the Goods shall be set in Belarusian rubles, including VAT at the rate of 20%, and includes the cost of packaging, marking and delivery.
3.2. Payment currency:
3.2.1. for the Buyer being a resident of the Republic of Belarus - Belarusian rubles;
3.2.2. for the Buyer being a non-resident of the Republic of Belarus or a stateless person (residence permit in the Republic of Belarus) - US dollars, euros or Russian rubles at the Seller’s rate fixed in the section https://mwpwatches.com/public-offer-contract/
3.3. All banking expenses incurred by the Buyer's bank and correspondent bank for banking services shall be charged to the Buyer and shall be taken into account when transferring funds.
When transferring funds, the amount of payment increases by the amount of commission deduction for banking services performed by the Buyer's bank and correspondent bank. In the event that the amount received to the Seller’s account is less than that indicated on the invoice for prepayment, regardless of the reason for difference, the Seller shall be entitled not to ship the Goods until the specified difference is eliminated.
3.4. The Buyer's obligations for payment for the Goods shall be deemed fulfilled from the moment the funds are credited to the Seller’s bank account.
4. PRODUCT QUALITY AND WARRANTY CONDITIONS
4.1. The Seller guarantees the quality of the Goods during the warranty period specified in the passport for the Goods, if the conditions of transportation, storage and operation are correctly met.
4.2. The quality of the Goods sold must comply with the applicable GOST, TU, OST established in the Republic of Belarus, and in the absence of the relevant standards, the Goods must be suitable for the purposes for which it is usually used.
4.3. The Buyer who reveals the defects of the goods during its acceptance or within the warranty period for the Goods shall notify the Seller in writing of these defects.
The Seller, upon receipt of such notification, undertakes at own expense to replace the delivered Goods with goods of proper quality within the time limits agreed upon by the Parties.
4.4. The Seller, upon receipt of such notification, undertakes at own expense to replace the delivered Goods with goods of proper quality within the time limits agreed upon by the Parties.
5. PACKING OF GOODS
5.1. The packaging in which the Goods are shipped must comply with standards or specifications and ensure the safety of the Goods and protect them from damage during transportation, as well as protect them from atmospheric influences.
6. FORCE MAJEURE CIRCUMSTANCES
6.1. The Parties shall not be liable for non-fulfillment or improper fulfillment of obligations under this Contract, if their fulfillment became impossible due to force majeure circumstances: natural disasters (earthquakes, floods, hurricanes, fires, etc.), technological accidents and disasters, wars and military operations , strikes, embargoes, terrorist attacks, etc.
6.2. A party for which fulfillment of the obligations under the Contract has become impossible due to occurrence of force majeure circumstances shall be obliged to notify the other party in writing within 5 (five) working days. Untimely notification of occurrence of force majeure circumstances deprives the party of the right to refer to them as an excuse.
6.3. The fact of occurrence of force majeure circumstances must be confirmed by a document of the chamber of commerce and industry or the state body at the place of occurrence of such circumstances.
6.4. If force majeure circumstances directly affect the fulfillment of the obligation within the term, specified in this Contract, then this term shall be proportionally postponed for the duration of the relevant circumstance.
Any of the Parties shall have the right to terminate the Contract for convenience by sending the other Party a written notice if force majeure circumstances last for more than three (3) months. In this case, neither Party will be entitled to claim compensation for possible damage.
7. DISPUTE SETTLEMENT
7.1. All disputes under this Contract shall be settled by means of negotiations. Should the Parties fail to reach an agreement by means of negotiations, disputes shall be considered in the Economic Court of Minsk, the Republic of Belarus. The law of the Republic of Belarus shall be the applicable law.
In this case, before applying to the court, the Party concerned must send a written claim to the other Party. The party that received the claim must inform the other Party of the results of its consideration within 15 (fifteen) calendar days upon claim receipt.
8. LIABILITIES OF THE PARTIES
8.1. For sale of low-quality or incomplete Goods, the Buyer shall be entitled to request the Seller to pay a penalty (fine) in the amount of 0.05% of the cost of low-quality Goods, if:
- will fail to prove that the defects arose as a result of violation by the Buyer of the rules of operation of the Goods, storage or transportation conditions;
- within 45 calendar days from the date of presentation of the relevant requirement, will fail to replace or equip additionally the Goods at own expense.
8.2. In all other cases of non-fulfillment or improper fulfillment of obligations under this Contract, the Parties shall be liable in accordance with the applicable laws of the Republic of Belarus.
9.1. This Contract shall be considered concluded from the moment the Buyer makes a payment for the goods and shall be valid till fulfillment by the Parties of their obligations.
9.2. The conditions for sale of goods and the Contract concluded by the Seller and the Buyer shall be determined by the Seller. The Seller shall be entitled to unilaterally change the offer conditions, including the methods and terms of payment and delivery of goods, as well as prices for goods. All changes shall be brought to the attention of the Buyer by posting on the website of the online store. Changes do not apply to orders accepted by the Seller.
9.3. By concluding this Contract, the Buyer confirms that the Buyer is aware that the watch is a technically complex household product and is included in the List of non-food goods of proper quality, not subject to exchange and return, approved by the Council of Ministers of the Republic of Belarus dated June 14, 2002 No. 778.
9.4. This Contract may be terminated by agreement of the Parties or at the request of one of the Parties in the manner established by the applicable laws of the Republic of Belarus.
10. DETAILS OF THE SELLER
OJSC Minsk Watch Plant
Address: 220043, Minsk, Nezavisimosti Prospekt, 95
Account BY55BELB30120049150290226000 (Belarusian rubles)
Account BY10BELB30120049150320226000 (Euro)
Account BY56BELB30120049150160226000 (Russian rubles)
in OJSC BelVEB Bank, Minsk, BIC: BELBBY2X,
Bank address: Minsk, Pobediteley Prospekt, 29
Tel. +375 17 388-79-99, +375 29 700-18-01, +375 44 725-05-20
Tel./Fax: +375 17 280-05-51