Public Offer Agreement

1.General

1.1.  Minnie4Kids LLC, hereinafter referred to as the “Seller”, places this Public Offer Agreement on the sale of goods presented on the Seller’s website minnie4kids.com and minnie4kids.uz.

1.2. In accordance with Article 369 of the Civil Code of the Republic of Uzbekistan, this Agreement is recognized as a Public offer of goods and, if the Buyer accepts the conditions set forth in this Agreement, pays for the Seller’s Goods in accordance with the terms of this Agreement. If the Buyer pays for the goods, this payment confirms the Buyer’s consent and acceptance of the terms of this Agreement, which is considered equivalent to the conclusion of the Agreement on the conditions set forth in this offer.

1.3. This Agreement, including all annexes to it, are official documents of the Seller.

1.4. The following terms and definitions apply in this Public Offer Agreement:

• “Offer” – the Seller’s public offer, intended for individuals to conclude an agreement for the sale of goods (hereinafter referred to as the Agreement) on the terms contained in this Contract.
• “Seller” – Minnie4Kids LLC, which sells Goods through the Internet site.
• “Sale of goods through the Internet site” – the sale of goods under the Agreement concluded on the basis of the Buyer’s acquaintance with the description of the goods proposed by the Seller contained on the Internet site, excluding the possibility of direct acquaintance of the Buyer with the Goods or a sample of the Goods at the conclusion of such an Agreement.
• “Website” – an Internet resource owned by the Seller at: com and minnie4kids.uz, which provides information about the Product, its consumer properties of the Product, the rules and conditions for the operation of the Product, price, terms of purchase Goods, delivery, service life, warranty period, payment procedure, validity period of the offer to conclude the Agreement, as well as full information about the Seller.
• “Buyer” – an individual who intends to buy goods for personal use (family, household and other needs).
• “Acceptance” – full and unconditional acceptance by the Buyer of the terms of this Agreement.
• “Goods” – a material object not withdrawn from civil circulation, the list of assortment names of which is presented on the Seller’s website.
• “Prepayment” – a form of payment, which means that the Seller releases the Goods only after the Seller receives the amount of money due to him on the terms of this Agreement.
• “Order” – individual items from the list of Goods selected and indicated by the Buyer when placing an order on the Seller’s website.
• “Delivery of Goods” – direct transfer of the ordered Goods to the Buyer at the place specified by the Buyer as the delivery address.

1.5. Placing an Order by the Buyer and its further transfer for execution means that the Buyer is fully acquainted with the Goods, with information about the presence (absence) of preferences, discounts, as well as the impact of the conditions of the Order (including the cost of delivery) on the formation of the final price of the Goods.

2.   Subject of the contract

2.1. The Seller sells the Goods in accordance with the current prices published on the Website, and the Buyer makes payment and accepts the Goods from the Seller, in accordance with the terms of this Agreement.

2.2. The contract is considered concluded from the moment the Seller issues to the Buyer a sales receipt or other document confirming payment for the goods or from the moment the seller receives an online order confirming the buyer’s intention to purchase the goods.

3.   Placing an Order

3.1. The Buyer selects the items of interest to him and places the Order on his own on the Seller’s website.

3.2. When placing an Order on the Seller’s website, the Buyer undertakes to provide information about himself, including full name, actual delivery address (if necessary), email address, contact numbers.

3.3. When placing an Order by phone, the Buyer undertakes to provide the information specified in clause 3.2. of this Agreement.

The Buyer accepts the terms of this Agreement by entering the relevant data into the registration form on the Website or by calling the manager who reserves this Order and paying in full for the selected Goods.

3.4. The Buyer is responsible for the content and accuracy of the information provided when placing the Order.

3.5. All information materials presented on the Internet site are for reference only and cannot fully convey reliable information about certain properties and characteristics of the Goods, such as: price, color, shape, size and packaging. If the Buyer has any questions regarding the properties and characteristics of the Goods, before placing the Order, he must seek advice from the Seller or send a request to the e-mail address store info@minnie4kids.com.

3.6. After placing an order on the Website or by phone, the Buyer is provided with information about the expected date of Delivery by sending an electronic message to the address specified during registration or other means of communication agreed with the Buyer.

4.   Terms of execution of the Order

4.1. If the Order is placed and confirmed before 5:00 PM, delivery shall be carried out on the same day. If the Order is placed after 5:00 PM, delivery shall be carried out on the following day.

4.2. The order is considered executed at the moment of its transfer to the Buyer, and in the absence of the Buyer – to any person who has presented a power of attorney from the Buyer, a receipt or other document confirming the conclusion of the Agreement or the delivery of the Goods.

4.3. If the Buyer provides false information about his contact details or the composition of the Order, the Seller shall not be liable for improper execution of the Order.

4.4. If, after placing an online order and making payment, the Seller delivers the goods to the specified address via a courier, but the recipient/Buyer does not answer phone calls or refuses to accept the goods, the courier shall return the goods to the Seller. Upon the Buyer’s request, the Seller may resend the goods.

The costs of the first and second deliveries shall be borne by the Buyer.

If, upon the second delivery, the Buyer again fails to accept the goods or does not respond, the Seller shall store the goods for 30 (thirty) days. After the expiration of this period, the Seller shall have the right to sell the goods to third parties.

5.   Order Delivery

5.1. The Buyer specifies the cost of Order Delivery on the Internet site. Delivery is carried out within the terms specified by the Seller and the Buyer, after the Order is received via the Internet site.

5.2. The cost and terms of delivery (as well as lifting to the floor, if necessary) of the Order are specified by the Buyer on the website or by phone.

5.3. In case of improper execution of the delivery of the Order due to the fault of the Seller, the repeated delivery of the Order is carried out free of charge within 5 working days.

5.4. If the delivery of the Goods is made within the terms established by the Agreement, but the Goods were not transferred to the Buyer through his fault, the subsequent Delivery is made within the new terms agreed with the Seller, after the Buyer repays the cost of services for the delivery of the Goods. In the warehouse of the Seller, the goods listed in the order are stored for 30 days free of charge, after this period the Agreement is considered terminated, and the Goods are sold on a general basis.

5.5. In the cities of the Republic of Uzbekistan, the Goods are delivered by transport companies, taking into account the approved tariffs.

6.   Assembly and installation of the Order

6.1. The cost of delivery (without assembly and installation) of the Order is specified by the Buyer on the website.

7.   Order payment

7.1. Settlement under the Agreement is carried out by transferring funds by the Buyer to the Seller’s settlement account.

7.2. The prices for the Goods indicated on the Website may be changed by the Seller unilaterally, of which the Buyer who has placed but not paid for the Order is immediately informed. The price of the goods does not include the price for  delivery, assembly and installation of the goods at the Buyer. Additional services of delivery of goods are calculated and paid separately.

7.3. Payment by the Buyer of an independently placed Order on the Internet site means the Buyer’s consent to the terms of this Agreement.

8.   Return of Goods

8.1. The Buyer, to whom the goods of inadequate quality were sold, if this was not agreed by the Seller, has the right to demand at his choice:

Gratuitous elimination of defects in the Goods or reimbursement of expenses for their correction by the Buyer;

a commensurate reduction in the purchase price; replacement with a Product of a similar model (article) or the same product of another model (article) with a corresponding recalculation of the purchase price.

A product of inadequate quality means a product that is defective and cannot ensure the performance of its functional qualities. This fact must be certified by the representative of the Seller.

The received goods may not correspond to the description on the site. The difference in design or design elements from those stated in the description on the site and in product pictures is not a malfunction or non-functionality of the Goods.

Product images and descriptions are provided for illustrative purposes only and may vary from the actual product. The appearance and completeness of the Goods, as well as the completeness of the entire order, must be checked by the Recipient at the time of delivery of the Goods. For more details about the goods listed in the order please contact the Seller using the contact information given in the Seller’s website.

Upon delivery of the goods, the Buyer puts his signature on the delivery receipt, in the column: “The order was accepted, the completeness is complete, I have no complaints about the quantity and appearance of the goods .

After receiving the Order, claims for external defects in the product, its quantity, completeness and presentation are not accepted.

8.2. If defects are discovered in the Goods for which no warranty or expiration period has been established, the Buyer may submit claims on the date of transfer of the Goods, provided that the defect existed at the time of delivery and was not caused by use, wear and tear, or actions of the Buyer.

8.3. If the Goods are transferred to the Buyer in violation of the terms of the Agreement regarding the quantity, assortment, quality, completeness, packaging of the Goods, the Buyer may notify the Seller of these violations no later than 5 days after receiving the Goods.

8.4. The non-compliance of the size of doorways and the area of the premises with the dimensions of the ordered products, as well as the presence of objects that prevent the transportation of products to the premises, does not serve as a basis for returning the products. Works to eliminate these shortcomings, including the removal / installation of doors, the increase in doorways, the removal of objects that prevent the entry, are not carried by the Seller or Seller’s representatives.

8.5. The Buyer is not entitled to refuse the paid Order (or part thereof) of proper quality, having individually defined properties or being a custom item.

8.6. All claims for the purchased Goods are accepted at the time of delivery to the Seller’s representative, or by the email address info@minnie4kids.com and by phone +998 77 127 00 93.

9.   Rights, duties and responsibilities

9.1. The Seller is obliged to deliver the Goods in accordance with the terms of the Order and guarantee the quality of the Goods to the quality requirements for similar Goods on the territory of the Republic of Uzbekistan. Ensure warranty obligations in accordance with the terms of this Agreement.

9.2. The Seller is not responsible for the improper use by the Buyer of the Goods purchased through the Internet site or at the Seller’s office.

9.3. The Seller has the right to transfer its rights and obligations for the execution of Orders to third parties.

9.4. If the Buyer disagrees with the terms of this Agreement in whole or in part, the Seller has the right to refuse the Buyer to place an order at its discretion.

9.5. Ownership of the Order, as well as the risk of its accidental loss or damage, passes to the Buyer after delivery, if the Seller assumed the responsibility for delivery.

If the Goods are delivered by a transport company, the ownership of the Goods, as well as the risk of its accidental loss or damage, passes to the Buyer after the Buyer accepts the Goods from the transport company and puts sign on the delivery receipt.

9.6. The Buyer has the right to send all claims for improper execution of the order to the e-mail address info@minnie4kids.com or inform the Seller by phone. All received information is processed as soon as possible.

9.7. The parties are responsible for the fulfillment of obligations under this Agreement in accordance with the legislation of the Republic of Uzbekistan.

10.   Force majeure

10.1. The Seller is released from liability for partial or complete failure to fulfill obligations under this Agreement caused by force majeure circumstances that arose after its conclusion.

Such circumstances include, in particular: natural disasters; natural and industrial disasters; Act of terrorism; hostilities; civil unrest; adoption by public authorities or local governments of acts containing prohibitions or restrictions on the activities of the Seller under this Agreement; other circumstances that cannot be foreseen or prevented by the Seller and make it impossible to fulfill obligations under the Agreement.

10.2. In the event of force majeure circumstances that prevent the fulfillment of obligations under this Agreement, the deadline for the Seller to fulfill obligations is postponed in proportion to the duration of such circumstances, as well as the time required to eliminate their consequences, and is negotiated additionally.

11.  Dispute Resolution

11.1. In case of questions and claims from the Buyer, he must contact the Seller by phone or by e-mail info@minnie4kids.com.

11.2 The Seller will take all measures to resolve disputes and disagreements that may arise in the performance of obligations under the Agreement or in connection with this, through negotiations.

11.3 If the Parties have not reached an agreement, all disputes are subject to consideration in accordance with the procedure provided for by the legislation of Uzbekistan.

12.   Personal data

12.1. The Seller collects and processes the Buyer’s personal data (namely:

the Buyer’s last name, first name, patronymic; delivery address; contact numbers) in order to fulfill the terms of this Agreement.

12.2. By placing an Order for the Goods through the Internet site, the Buyer agrees to the collection and processing of personal data about himself in order to deliver the ordered Goods and fulfill the terms of this Agreement.

12.3. Only persons directly related to the execution of the Order, namely the Seller and the transport company, have access to the Buyer’s personal data.

12.4. The Seller undertakes: to maintain confidentiality with respect to the personal data of the Buyers and to prevent attempts of unauthorized use of the personal data of the Buyers by third parties.

13.   Other terms

13.1. This agreement posted on the Seller’s website is a public offer. The absence of a copy of the Agreement signed between the parties on paper, with the signatures of the parties, is not a reason to consider this Agreement not concluded. Making payment in accordance with the Order placed is considered the Buyer’s acceptance.

13.2. Recognition by the court of the invalidity of any clause of this Agreement does not entail the invalidity of the remaining clauses.