PUBLIC CONTRACT-OFFER FOR THE REMOTE SALE OF THE GOODS
1. GENERAL PROVISIONS
1.1. DE NOVO GROUP LLC (hereinafter referred to as the Seller), represented by its CEO, Rustam Romanovich Rakhmankulov, acting on the basis of the Charter, publishes an offer for the sale of the Goods by remote means presented on the official website of the Seller https://bowlwow.com.
1.2. According to article 437 of the Civil code of the Russian Federation (further - the CC RF) this Contract is a Public Offer (hereinafter - the Offer) and in case of acceptance of the conditions set forth below, any person who accepts this Offer shall make payments for the Seller's Goods in accordance with the terms of this Contract.
1.3. According to paragraph 3 of Article 438 of the Civil Code, issuing an Order for Goods by the Buyer is an acceptance of the Offer, which is considered equivalent to the conclusion of the Contract on the conditions set forth in the Offer.
1.4. On the basis of the foregoing, carefully read the text of the Public Offer, and, provided that the Buyer disagrees with any of the provisions of this Offer, he is entitled to withdraw from the purchase or stop using the Services, provided by the Seller.
2. TERMS AND DEFINITIONS
2.1. A public offer is the Seller's formal public offer addressed to any person with full legal capacity and authority to enter into the Contract of purchase and sale of goods by remote means (hereinafter referred as the Contract), presented by the Seller via the Online Store Website under the conditions contained in this Public Offer.
2.2. The Seller is DE NOVO GROUP LLC, selling the Goods represented in the Seller's online store.
2.3. The online store is the official website of the Seller, located at https://bowlwow.com.
2.4. "Goods" mean a list of product names presented on the official website of the Seller.
2.5. Acceptance means complete and unconditional acceptance of the terms of this Offer by the Buyer.
2.6. Buyer - any individual who has accepted a public offer on the terms specified therein.
2.7. Sale of goods by remote method means sale of goods under a contract for the retail sale of Goods, concluded on the basis of the Buyer's familiarization with the description of the goods offered by the Seller, through catalogs, brochures, booklets, photographs, communications (television, mail, radio, and others), or other means excluding the possibility of direct familiarization of the consumer with the product or a sample of the product at the conclusion of such a contract (Law of the Russian Federation of 07.02.1992 N 2300-1 (as amended by 05.12.2022) "On Consumer Protection".)
2.8. Order means individual items from the assortment list of Goods offered for sale, indicated by the Buyer when placing an order for purchase in the Seller's online store or through an employee of the Seller by phone.
2.9. Delivery of the Goods is the direct transfer of the ordered Goods to the Buyer at the place and in the manner specified by the Buyer as the delivery address when placing the order.
2.10. Loyalty Programs means promotions, discounts, referral programs, bonuses, points, promo codes, and other types of discount systems applied when ordering goods.
2.10. Loyalty Program member status includes Veterinary Clinic, Individual Owner, Professional Breeder. To confirm the status of a participant of the Loyalty Program, the Buyer provides documentary evidence, depending on the selected status (breeding certificate, statutory and foundation documents, etc.).
3. THE SUBJECT OF THE CONTRACT
3.1. The Seller sells the Goods in the range and at prices published in the Seller's online store website, and the Buyer makes payment and accepts the Goods in accordance with the terms of the Offer.
3.2. Prices for Goods, methods and terms of payment and ways of goods delivery are determined by the Seller in a one-sided and indisputable order and are indicated on the pages of the online store. All changes take effect immediately after publication and considered to be brought to the attention of the Buyer from the time of such publication. Change by the Seller of the price for the Goods paid by the Buyer is not allowed. Price of goods is indicated in rubles of the Russian Federation.
3.3. Prior to conclusion of the CONTRACT, the Buyer undertakes to read the contents and the term of the Contract, prices of the Goods offered by the Seller. The Buyer's ordering of the Goods posted in the online store means that the Buyer agrees to all the terms and conditions of this Offer.
3.4. The Buyers acquires the ownership of the Goods Ordered with the transfer of Goods to the Buyer and the purchase price is paid in full to the Seller. The risk of accidental loss or damage to the Goods shall pass to the Buyer from the moment of actual transfer of the Goods to the Buyer.
3.5. Relations in the field of consumer protection are regulated by the Civil Code of the Russian Federation, the Law "On protection of consumer rights", the rules for the sale of goods by remote method, and other federal laws and legal acts of the Russian Federation adopted in accordance with them.
4. SITE REGISTRATION
4.1. The buyer, registered in the online store, receives individual identification through a login and password. The individual identification of the Buyer allows to avoid unauthorised actions of third parties on behalf of the Buyer and provides access to additional services.
4.2. When registering on the Seller's website, the Buyer provides the following registration information about himself:
- for individuals: name, surname, patronymic (if any), e-mail address, contact phone number, delivery address;
- for legal entities: TIN/RRC/Russian Classification of Economic Activities (OKVED), legal address, full name of the chief physician, e-mail address, contact phone number, delivery address.
- The contact (mobile) phone number that the Buyer provided serves as the login to enter his Personal Account. The Buyer enters the password himself.
4.3. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
4.4. The Buyer has the option to change the personal data that was entered during registration.
4.5. The transfer of login and password by the Buyer to third parties is prohibited. The Buyer is solely responsible for all possible negative consequences in the event of transferring the login and password to third parties.
4.6. Re-registration in the online store is the registration of a new buyer; the statistics of orders and discount accounting in the Personal Account at the time of the re-registration are conducted from zero.
4.7. By registering on the Site, the Buyer consents to receive service messages sent to the email address and/or via SMS and/or smartphone messenger to the phone number provided during registration regarding the status of the order, the items in the basket and/or added to the "Favorites", requests from the Seller to leave reviews on the purchased Goods, and the Seller's right to record telephone conversations with the Buyer. The Buyer is aware that refusal to receive these messages and termination of the recording of telephone conversations are not possible for technical reasons.
4.8. By registering on the Site, the Buyer agrees to receive advertising and information messages via e-mail and SMS with information about discounts, promotions, new arrivals, etc. The frequency of mailings is determined independently by the Seller, unilaterally. The Buyer has the right to refuse to receive messages by unsubscribing from the mailing list or by informing the Seller about his wish at the e-mail address email@example.com.
4.9. The Seller agrees to:
4.9.1. process the Buyer's personal data in the manner prescribed by applicable law in relation to the organization of processing and security of personal data;
4.9.2. prevent attempts of unauthorized access to information and/or its transfer to persons not directly related to the execution of Orders, timely detect and suppress such facts;
4.9.3 not to disclose the Buyer's data, specified during the registration and when placing the Order, to persons who have no direct relation to the execution of the Order.
4.10. By registering on the Site, the Buyer agrees to the terms of various loyalty programs, including, but not limited to, promotions, discounts, referral programs, bonuses, points, and promo codes.
5.1. Ordering of the Goods is carried out by the Buyer through the online store service.
5.2. Rules of ordering is available on the Seller's website in the "Payment and delivery" section.
5.3. When placing the Order, the Buyer shall specify the following information:
- Full name of the Buyer or the Recipient of the Order;
- delivery address of the Order;
- contact phone number;
as well as provide the Seller with documentary evidence of the Loyalty Program participant status (breeding certificate, statutory and constituent documents, etc.).
5.4. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the Order. If the Buyer submits incorrect information, the Seller has the right to discontinue service until the Buyer provides accurate information.
5.5. The Buyer acknowledges that the information materials presented in the Seller's online store are merely for reference purposes, including product photos that may differ significantly from reality and may not fully and adequately convey accurate information about certain properties and characteristics of the Goods. If the Buyer has any questions about the features and characteristics of the Goods, he should consult with an employee of the Seller before placing the Order.
5.6. Information about availability is for reference only. Confirmation of the availability of Goods, as well as methods of payment and delivery specified when placing the Order, is carried out by the Seller's employee at the phone number and/or e-mail address specified by the Buyer.
6. TIME OF CONTRACTING
6.1. Acceptance of this Offer is considered to be the Buyer's placement of an Order in accordance with the terms of the Public offer and confirmation of the order by a Seller's employee by means of voice communication and/or SMS message and/or message sent to the Buyer's email, as indicated when registering or placing the Order.
6.2. The contract concluded on the basis of the Buyer's acceptance of this Offer is a contract of adhesion, to which the Buyer joins without any exceptions and/or reservations.
6.3. The fact that the Buyer placed an order is an unconditional fact of the Buyer's acceptance of the terms of this Offer, as well as the Buyer's consent to the Seller sending him SMS messages about the status of his order and surveys to improve the quality of customer service. The Buyer, who bought the Product at the Seller's online store and placed an order for the product, is considered a person who has entered into a relationship with the Seller on the terms and conditions of this Offer.
7. PAYMENT FOR ORDERS
7.1. The Buyer chooses the method of payment for the Order independently.
7.1.1. after confirmation of the order by the Seller's employee on the site by bank card or by bank details specified in the invoice for payment, which is sent to the Buyer's e-mail address (provided that the Buyer specified this e-mail address when ordering).
7.1.2. When receiving the order in cash or by bank card at the points of issue of orders and courier delivery to the door, the percentage for cash on delivery is charged according to the tariffs and charges of the delivery service.
7.2. If the Buyer indicates a non-cash method of payment for the Order (by bank card or bank details), then he is liable to pay for his Order within 24 (twenty-four) hours from the time of confirmation of the order by an employee of the Seller.
8. DELIVERY AND TRANSFER OF GOODS TO THE BUYER
8.1. The Buyer chooses the method of delivery depending on the region of residence and method of payment for the Order.
8.2. Subject to the availability of goods in the warehouse of the Seller, the Seller undertakes to make the shipment of goods within seven working days from the receipt of payment (from the date of confirmation of the Order in case of payment upon receipt). As agreed by the parties, the shipping period may be extended.
8.3. The date of delivery and the approximate cost of delivery are agreed upon by the parties when an employee of the seller confirms the order.
8.4. The cost of delivery by courier, specified when placing the Order, is for reference only. The final cost of delivery is determined by a representative of the delivery service based on the rates of delivery services in effect on the date of the order, its weight, size, and number of places of the Order.
8.5. The Order is considered delivered at the moment of its transfer to the Buyer. By accepting the Goods, the Buyer confirms the execution of the Order.
8.6. Delivered goods are handed over to the Buyer or his representative upon presentation of the receipt of payment for the Order or any other document confirming the execution of the Order with the Seller and containing the number and date of the Order, its content, and the Buyer's full name.
8.7. In case of a complaint about the quantity and quality of goods, the Buyer, in the presence of the delivery service representative, records the missing items or those items and properties of Goods (photo and video recording) that do not satisfy the Buyer in accordance with the terms of this Offer.
8.8. After receipt of the Order, complaints about the quantity, completeness, and type of Goods are accepted in accordance with paragraphs 9.2–9.7 of this Offer.
8.9. In the event of improper execution of the Order delivery due to the fault of the Seller or the delivery service, the re-delivery of the Order to the customer is made at the expense of the Seller.
8.10. If the Buyer does not receive the Order within the agreed period and within the period of free storage, the Seller has the right to cancel the Order without further informing the Customer.
8.11. If the Order is prepaid, the funds are returned to the Buyer within ten (10) banking days minus the amount of the costs of delivery of the goods and their return to the Seller.
8.12. If an order was placed with payment upon receipt but is not redeemed upon delivery and/or during the free storage period, subsequent orders for this Buyer shall only be placed subject to 100% prepayment, repayment of shipping costs, and return of the order to the Seller.
8.13. The cost of delivery of the Order and its return to the Seller, charged to the Buyer, is determined upon delivery by transportation companies according to the invoices for delivery and return of cargo.
8.14. Subsequent deliveries of orders to the Buyer are made at a new time agreed with the Seller, after 100% prepayment of the cost of goods and delivery services.
8.15. If the Buyer provides false contact information, the Seller is not responsible for the improper execution of the Order.
9. EXCHANGE AND RETURN OF GOODS
9.1. Food items cannot be exchanged or returned. In accordance with the Unified List of Goods Subject to Veterinary Control (Supervision), approved by the Commission of the Customs Union Decision No. 317 of June 18, 2010, this list includes "Products used to feed animals" (commodity nomenclature of foreign economic activity (TNVED) code 2309).
9.2. In accordance with the Law of the Russian Federation of 07.02.1992 N 2300-1 "On Protection of Consumer Rights" (as amended) and the Rules for the Sale of Goods by Remote Method, the Buyer has the right to refuse the Order at any time until the Order is executed, and after the transfer of the Goods, if it did not fit in shape, dimensions, style, color, size or configuration, within 7 (seven) working days to exchange such Goods for a similar one, if this type of product is not included in the approved Decree of the Government of the Russian Federation N 2463 "On approval of the Rules for the sale of goods according to a retail sale and purchase agreement, a list of durable goods that are not subject to the consumer's requirement to provide him with goods with the same basic consumer properties free of charge for the period of repair or replacement of such goods, and a list of non-food goods of good quality that are not subject to exchange, and also on amendments to certain acts of the Government of the Russian Federation" dated December 31, 2020 List of goods not subject to exchange or return (clause 9.4. of this Offer) and that, at the time of application, are present at the Seller in stock.
9.3. Return of non-food goods of proper quality is possible if their marketable conditions, consumer properties, and the document confirming the fact and conditions of purchase are preserved. The absence of this document by the Buyer does not prevent him from citing additional proof of his purchase of the items from the Seller.
9.4. If the buyer rejects the Goods, the seller agrees to refund the amount paid by the buyer for the Goods no later than ten (10) banking days from the date of the buyer's request. The exchange or return of Goods or the entire Order of proper quality is carried out by the Buyer and at the Buyer's expense.
9.5. If the Buyer refuses to receive and returns the entire Order through no fault of the Seller, the shipping costs will be deducted from the amount returned to the Buyer for delivery by transportation companies according to the invoices issued for shipping and return freight.
9.6. If the Buyer receives the Goods in violation of the terms of the Contract concerning the quantity, assortment, quality, completeness, tare, and/or packaging of the Goods, the Buyer has the right to notify the Seller of the violations no later than twenty (20) calendar days after receiving the Goods and provide the Goods to the Seller as soon as possible.
9.7. In order to reduce the time to resolve issues in case of a complaint about the quantity, assortment, quality, completeness, tare, and (or) packaging of Goods or the Order, the Buyer is recommended to fix the missing items or those items and properties of goods that do not suit the Buyer in accordance with the terms of this Offer, together with the delivery service representative.
9.8. In order to make a claim and exchange or return goods, the Buyer should send an application by e-mail to the Seller at firstname.lastname@example.org, where it should be indicated:
- order number;
- a detailed description of the reason for returning or replacing a particular Product. On the photo and video recording of the back of the package should be clearly visible batch number and expiry date;
- contact information (name, phone number, e-mail);
- details of the current account for refund (Recipient, Recipient's Current Account, Recipient Bank, Correspondent Account, RCBIC, RRC, TIN of the bank);
9.9. All claims for Goods are considered within five (5) business days.
9.10. In accordance with Article 22 of the Law of the Russian Federation No. 2300-I "On Protection of Consumer Rights", the amount paid by the Buyer for Goods of improper quality shall be returned to the Buyer within 10 (ten) calendar days from the date of submission of the relevant request. Refunds are made in cash at the Seller's office or to the Buyer's bank account.
9.11. The exchange or return of Goods, or the entire Order, of poor quality is carried out by the Buyer at the expense of the Seller.
10. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
10.1. All text and graphic information, as well as trademarks posted in the online store, are the property of the seller and/or its suppliers and manufacturers of Goods.
10.2. The Russian Federation's applicable laws will be followed in prosecuting anyone found using the material and photographs on the Site in an illegal manner.
10.3. The Buyer is prohibited from using graphic images from the Website as well as the Seller's trademarks to sell the Goods on any marketplace sites, online stores, or other electronic trading platforms. If the Buyer violates this condition, the Buyer agrees to pay a fine to the Seller in the amount of one million (1,000,000) rubles within five (5) working days from the date of the Seller's request.
11. CIRCUMSTANCES OF INSUPERABLE FORCE (FORCE MAJEURE)
11.1. In the event of force majeure circumstances, such as a state of emergency, war, blockade, fire, flood, earthquake, natural disasters, laws and other regulations of legislative and/or executive authorities, actions of Russian or foreign government agencies, as well as any other circumstances beyond the reasonable control of either Party, the terms of obligations shall be postponed in proportion to the time during which the listed circumstances and/or consequences of such circumstances will operate.
11.2. Either Party shall be relieved of responsibility for the full or partial failure to perform its obligations under this Contract if such failure was caused by force majeure circumstances that arose after the signing of this Contract.
11.3. The Party, for which it has become impossible to fulfill its obligations, shall inform the other Party of the beginning and the end of the force majeure circumstances, attaching to the notice a certificate from the relevant state authority.
11.4. If force majeure circumstances continue for more than three (3) months, each Party shall have the right to refuse further execution of its obligations, which were subject to force majeure circumstances, by a supplementary agreement to this Contract or another document valid under this Contract, in which case neither Party shall be entitled to compensation for possible losses by the other Party.
12. FINAL PROVISIONS
12.1. In their activities to perform the terms and conditions of this Contract, the Parties shall be guided by the applicable laws of the Russian Federation. For non-compliance or improper implementation of the terms of this Contract, the Parties shall be liable in accordance with the laws of the Russian Federation.
12.2. The parties undertake to use their best efforts to resolve any disputes or disagreements that may arise out of or in connection with this Contract through negotiation. All disputes, controversies, or claims arising out of or in connection with the Contract shall be settled by negotiation between the parties. In the absence of consent, the dispute between the Parties shall be subject to judicial review in accordance with the laws of the Russian Federation.
12.3. All correspondence under this Contract shall be maintained by the parties in writing by means of postal, electronic, or other communication that allows reliable identification of the document originating from a party to this Contract and that provides a record of the time of its sending. Any notices under the Contract Offer may be sent by one Party to the other Party by email. The Parties acknowledge that receipt of documents electronically, in the manner prescribed by this Contract, is equivalent to receipt of documents in hard copy and is a necessary and sufficient condition for timely performance of obligations under this Contract, allowing for the establishment that the document comes from the Party that sent it and the date and time of sending.
12.4. The seller shall have the right to amend the text or wording of the Offer and/or withdraw the Offer at any time at its sole discretion. In the event that the seller introduces changes to the Offer, such changes shall become effective on the date of their publication, unless another effective date is additionally provided for when they are published. The introduction of changes entails the introduction of these changes to the previously concluded and valid contract between the Buyer and the Seller, and these changes come into force from the moment of the introduction of changes to the Offer. Withdrawal of the Offer is not grounds for cancellation of the Seller's obligations under the contracts already concluded.
12.5. If any provision of the Offer is deemed invalid or unlawful or cannot take effect in accordance with applicable law, such provision shall be severed from the Offer and replaced with a new provision that best meets the original intentions contained in the Offer, with the remaining provisions of the Offer or the Contract Offer remaining in effect, and this shall not result in the Contract Offer being declared invalid.
12.6. The Seller does not assume any conditions or obligations beyond those set forth in the Contract unless such obligations are set forth in writing.
12.7. This Offer is made in Russian, posted on the Seller's website https://bowlwow.com and is valid from the date of signing for an indefinite period or until the publication of the Offer in the new edition, or revocation of the Offer by the Seller.
12.8. The text of the Offer (this Contract) in written form is located at the Seller's location: Uspenskaya Street 17, Vostryakovo estate, Domodedovo, Moscow Region, 142006, Russian Federation
13. VENDOR DETAILS
Limited Liability Company "DE NOVO GROUP"
Address: Kashirskoye Highway 7, Office 59, Domodedovo, 142000, Moscow Region, Russian Federation.
account number: 40702810110000362359
Bank name: JSC Tinkoff Bank
Phone: +7 (499) 444 02 96
Rustam Romanovich Rahmankulov, CEO, DE NOVO GROUPP LLC