Public offer
for the provision of services in the field of organizing festive events
in terms of decorating with balloons
г. Москва _cc781905-5cde -3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194-bb3b- 136bad5cf58d_ _cc781905-5cde- 3194-bb3b-136bad5cf58d_ _cc781905-5cde-3 194-bb3b-136bad5cf58d_ _cc781905-5cde-3194 -bb3b-136bad5cf58d_ _cc781905 -5cde-3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194- bb3b-136bad5cf58d_ _c c781905-5cde-3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194 -bb3b-136bad5cf58d_ _cc781905 -5cde-3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194- bb3b-136bad5cf58d_ _cc781905- 5cde-3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194-bb3b-13 6bad5cf58d_ _cc781905-5cde- 3194-bb3b-136bad5cf58d_ 23.11.2018_cc781905-5cde-3194-bb3b-136d
This document has legal force in accordance with Art. 434 of the Civil Code of the Russian Federation and is equivalent to an agreement signed by the parties.
Limited Liability Company "EMPIRE" (hereinafter - Performer), represented by General Director Alexander Alexandrovich Pavlov, acting on the basis of the Charter,expresses its intention to conclude an agreement for the provision of clearance services, the list of which is indicated on the Contractor's website at: https://www.aeroimperiya.com/, with Customers (individuals and legal entities) on the terms of this offer.
1. Terms and definitions
1.1 In this public offer, the following terms are used in the following meaning:
Customer - the User (individual or legal entity) who has accepted the offer, and is thus the Customer of the Contractor's services under the concluded offer agreement.
Offer - this document, a public contract for the provision of services for the organization of children's celebrations.
Acceptance of the offer - full and unconditional acceptance of the terms of the offer through the implementation of actions by the Customer expressing the intention to use the services of the Contractor.
Website - open for free visual inspection, a publicly available resource hosted on the Internet at https://www.aeroimperiya.com/, through which information on the volume and quality of services is displayed.
Offer Agreement - an agreement between the Contractor and the Customer for the provision of services for organizing children's festive events, which is concluded by accepting the offer.
Order - a duly executed request of the Customer for the services selected on the website.
Decorating with balloons is the work of the Contractor to arrange the balloons and balloon structures purchased by the Customer on its territory, if there is a technical possibility to place such objects.
Bouquets from balloons - a product made of latex balloons for modeling, which is made by the Contractor according to the Order.
SMS is a technology that allows you to receive and send short text messages using a cell phone. Included in the standards of cellular communication.
Delivery - services for the transportation of balloons and balloon structures from the Contractor's office to the Customer's territory. The rise of balls and structures from them to the floor is not defined by this term.
Self-delivery - removal by the Customer of the selected goods and services at the time indicated in the Order from the office of the Contractor.
Application - a request for the services of the Contractor. The application can be formulated in writing and orally, as well as electronically by e-mail / sms / WhatsApp (as well as using other instant messengers).
The application is accepted by the Contractor if the Customer has received confirmation of acceptance of this request from the Contractor. The application indicates the list and scope of work, the date, time and place of their implementation, the materials used, the planned cost, as well as any other information related to the competence of the Contractor.
2. Subject of the offer
2.1. The Contractor undertakes to perform a set of services in the amount specified by the Customer in the application.
2.2. The Customer undertakes to accept and pay for the services in accordance with the terms of the Offer.
2.3. This offer agreement is considered concluded (offer acceptance) from the moment the Customer confirms his consent to its terms by placing an order (making an advance payment to the Contractor's settlement account), after which the offer agreement is considered the basic document in official relations between the Customer and the Contractor.
3. Procedure for the provision of services
3.1. In order to use the services, the Customer needs to contact the Contractor orally, by e-mail, by phone, by sms / WhatsApp or use the electronic feedback form on the Contractor's website in the "Contacts" section.
3.2. Select the services indicated on the site, and formulate an Application.
3.3. An application for registration services can be accepted for execution no earlier than four hours before the event. Shorter terms are possible, if possible on the part of the Contractor (additional agreement is required).
3.4. The preparation of the event requires 100% payment, the date of application is considered the date of payment.
3.5. The Customer confirms the accuracy and completeness of the data specified by him in the Application, and assumes responsibility in case of incorrect specified contacts, dates, scope and quality of services.
3.6. In case of any changes, the Customer must report such changes on the same day.
3.7. The Contractor has the right to announce discounts and conduct any promotions according to the rules, which will be specified in the necessary volume in the "Promotions" section on the website https://www.aeroimperiya.com/. For one application, it is possible to use one promotion from the Contractor.
3.8. The term for the provision of services is considered the date and time specified in the application.
3.9. The time specified in the application, shifted by less than 30 (thirty) minutes, is not a violation of the contract by the Contractor.
3.10. The total amount of the order (hereinafter referred to as the "Order Amount") includes the cost of balloons and filling with gas. In the case of bouquets from CDM, manufacturing services. Delivery and registration services are not included in the price and are calculated separately.
3.11. The Contractor has the right to refuse to form an application without giving reasons.
4. Terms of work and services
4.1. The examples of works on the Site are possible options for making compositions. Each composition produced by the Contractor is individual and may differ in packaging, appearance, size and other external data. Substitutions by shades are also possible based on the availability of colors in a particular region and other factors. Also, please note that the images on the monitor may differ from the real one in shades. The final execution of the Order may differ from the illustration presented on the Site or in printed catalogs. However, each composition is made up of actual colors and the Contractor will make every effort to ensure that the color and form of the work correspond as closely as possible to the illustrations on the Site.
4.2. In case of specifying an erroneous address or specifying incomplete data necessary for delivery, the absence of the recipient at the specified address (for any reason) during the date, time of delivery and other circumstances, the Contractor undertakes to make sufficient efforts so that the recipient receives the Order. However, if this fails for reasons beyond the control of the Contractor, or the recipient refuses to accept the Order for any reason, the Order is recognized by the Parties as completed (regardless of the presence of the recipient at the address specified by the Customer).
If there is no recipient at the address specified by the Customer, the Order can be left to someone in the apartment, neighbors, office employees.
4.3. When ordering with delivery to hotels and other places of stay, you must provide the apartment number and the name under which the recipient is registered at the hotel. In most cases, the Order can only be delivered to the hotel reception point (reception). The further movement of the Order depends on the hotel staff. The Contractor is not responsible for the impossibility of delivery due to the departure of the recipient from the hotel. The order is considered delivered at the moment it reaches the hotel reception, indicating the full name and number of the recipient's apartment.
4.4. Delivery time. The obligations of the Contractor apply exclusively to the date of delivery. Orders to addresses are delivered, in most cases, during working hours from 10-00 to 17-00, unless otherwise agreed. The Contractor seeks to fulfill the wishes of the Customer in terms of delivery time (delivery for "morning", "evening" or at a specific time), but does not accept claims for delivery time during the specified delivery date.
4.5. When self-delivery of balls and structures from them by the Customer, after taking them out of the office, the Contractor is not responsible for burst, lost, flown away balls, etc. And the Order is considered to be executed by the parties in full.
5. Rights and obligations of the Contractor
5.1. The Contractor undertakes:
5.1.1. Timely perform work in accordance with this Agreement.
5.1.2. Provide the Customer with an up-to-date range of services at his request.
5.1.3. Accept applications from the Customer for event design services.
5.1.4. Inform the Customer in a timely manner that compliance with his instructions and other circumstances may reduce the quality of the services provided or make it impossible to complete it on time and with proper quality.
5.2. The performer has the right:
5.2.1. Receive all reliable information about the Order for its successful preparation and execution.
5.2.2. Engage third-party contractors to carry out the event to fulfill the terms of the contract.
5.2.3. Conduct video filming and photography of the Order, including for the purpose of creating promotional products, as well as refuse to provide the footage to the Customer.
5.2.4. The Contractor has the right to refuse to fulfill the order in case of violation by the Customer of any of the terms of this agreement, as well as in case of rude or disrespectful attitude on the part of the Customer or his employees. In this case, the order is considered completed in full and is subject to payment by the Customer.
6. Rights and obligations of the Customer
6.1 The customer undertakes:
6.1.1. Timely pay for the order.
6.1.2. Provide the Contractor with access to the territory or premises in which conditions are created for the preparation of the Order by the Contractor (in the case of an order for execution).
6.1.3. Provide the Contractor with access to the territory or premises for delivery (open the gate, entrance, barrier, etc.).
6.1.4. Submit applications for additional registration, having previously agreed the conditions with the Contractor.
6.1.5. Carry out acceptance of work performed by the Contractor.
6.2. The customer has the right:
6.2.1. Require the Contractor to fulfill all contractual obligations.
6.2.2. Control the work of the Contractor.
6.2.3. Refuse to execute the contract no later than two calendar days before the start of the event, provided that the Contractor retains 50 (fifty) percent of the funds paid, as well as the actual costs incurred relating to the Customer's Application.
6.2.4. Refuse to execute the contract later than two calendar days before the start of the event, subject to payment to the Contractor of the entire cost of the services provided.
7. Duration of the contract
7.1 This agreement comes into force from the moment of its Acceptance, and is valid until the parties fully fulfill their obligations.
8. Cost of work and payment procedure
8.1. The planned cost of the Contractor's services is determined individually when applying, and is calculated in Russian rubles.
8.2. By agreement of the Parties, the Contractor takes at least 50 (fifty) percent of the prepayment.
8.3. For clearance renewals, the actual cost is calculated on a case-by-case basis. The Customer undertakes to make an additional payment immediately after the completion of the order.
9. Handover and acceptance of works
9.1. The parties agreed not to draw up in writing acts of acceptance and delivery of services rendered. Full payment by the Customer of the Contractor's services confirms the fulfillment of obligations under this agreement in full, of proper quality and on time.
9.2. In case of claims, the Customer sends a reasoned refusal to the Contractor by e-mail within 24 hours from the date of execution of the order.
10. Guarantees
10.1. During the term of the Agreement, the Contractor will make every effort to fulfill the Order in accordance with all its characteristics specified by the Customer. At the same time, the Contractor does not guarantee the exact fulfillment of all the wishes of the Customer when executing the Order.
10.2. Except for the warranties expressly stated in the Offer, the Contractor does not provide any other express or implied warranties under the Contract and disclaims any warranties or conditions regarding the compliance of the Works and Services with the specific purposes of the Customer, or their suitability for other purposes and tasks.
10.3. By accepting the terms of this Offer by Acceptance, the Customer assures the Contractor and guarantees that he:
10.3.1. Concludes the Agreement voluntarily and at the same time fully familiarized himself with the terms of the Offer, understands the subject of the Agreement, the meaning and consequences of his actions in relation to the conclusion and execution of the Agreement.
10.3.2. It has all the rights and powers necessary for the conclusion and execution of the Agreement.
10.3.3. Uses reliable data and information transmitted to the Contractor when placing an Order and payment documents, on the basis of which the payment for the Application is made.
11. Responsibility of the Contractor
11.1. In the event that, for any reason, the Contractor does not proceed with the execution of the Order or proceeds with the execution of the Order in violation of the deadlines, the liability of the Contractor for the violation of the Agreement and the remedies of the Customer in relation to such violation are limited solely to the extension of the deadline for the execution of the Order until the moment agreed with Customer.
11.2. The Contractor under no circumstances shall be liable under the Agreement for:
a) any action/omission that is a direct or indirect result of the action/omission of any third parties;
b) any indirect losses and / or lost profits of the Customer and / or third parties, regardless of whether the Contractor could foresee the possibility of such losses or not;
c) the use (impossibility of use) and any consequences of the use (impossibility of use) by the Customer of the form of payment for the Application chosen by him.
11.4. The total liability of the Contractor under the Contract, for any claim or claim in relation to the Contract is limited to the amount of the payment paid by the Contractor to the Customer under the Order, the execution, non-performance or poor performance of which caused the liability of the Contractor.
11.5. Without conflicting with the above provisions of section 11 of this Offer, the Contractor is released from liability for violation of the terms of the Agreement if such violation is caused by force majeure circumstances (force majeure), including: actions of public authorities, fire, flood, earthquake, other natural actions, lack of electricity and / or failures of the computer network, strikes, civil unrest, riots, any other circumstances, not limited to the above, which may affect the performance of the Contractor and beyond the control of the Contractor.
12. Responsibility of the Customer
12.1. The customer is responsible for:
a) for non-compliance with the requirements of applicable law when carrying out any actions as a Customer,
b) for the unreliability of the information transmitted by him to the Contractor,
c) for failure to fulfill the guarantees contained in clause 10.3 of this Offer.
12.2. The Customer undertakes on its own and at its own expense to resolve all disputes and settle all claims and lawsuits of third parties, instructions and requirements of authorized state and municipal executive authorities received both by the Customer and the Contractor in connection with the use of the results of the Works and Services (including their recipients), as well as reimburse all losses and expenses incurred by the Contractor in connection with such claims and claims.
12.3. In the event that the Customer violates the terms of the Agreement, the Contractor has the right to suspend the performance of the Works and the provision of Services until the Customer eliminates the violations and reimburses (compensates) the losses caused to the Contractor by such violation and/or terminates the Contract with a corresponding notice to the Customer. At the same time, the Contractor has the right to recover from the Customer a penalty in the amount of the difference between the amount paid by the Customer in accordance with section 6 of the advance payment Offer and the cost of the results of the Works and Services actually received by the Customer prior to such termination of the Agreement.
13. Special conditions
13.1. By accepting the offer, the Customer agrees to the collection and processing of personal data about himself in order to fulfill the terms of this Offer. Personal information of the Customer is not subject to distribution, except as provided by the legislation of the Russian Federation.
13.2. The Contractor undertakes to use all personal data of the Customer, indicated by him in the process of placing an Order, solely for the provision of services, identification and support of the Contractor.
13.3. All issues not regulated by the Offer or the Agreement are regulated by the current legislation of the Russian Federation. Disputes and disagreements that may arise during the execution of this Agreement will, if possible, be resolved through negotiations between the parties to the Agreement.
13.4. Any notice required or permitted by the Agreement must be written in Russian and sent by the notifying party to the other party by email, sms (with acknowledgment of receipt) or WhatsApp .
13.5. Integrity of the Agreement. The Agreement is a complete agreement between the Contractor and the Customer. The Contractor does not assume any conditions and obligations in relation to the subject of the Offer (Order) that are not specified in the Offer. An exception may be cases where such conditions or obligations are recorded in writing and signed by the Contractor and the Customer.
13.6. Separation of positions. If any of the conditions of the Offer is recognized as invalid or illegal, or cannot enter into force in accordance with applicable law, such provision must be replaced by a new provision that best meets the original intentions contained in the Offer, while the remaining provisions of the Offer (Agreement) do not change and remain in effect.
14. Procedure for changing and terminating this public offer
14.1. The Contractor reserves the right to make changes to the terms of this public offer at any time, unless the time for the changes to take effect is specifically specified, they begin to take effect from the moment they are published on the Contractor's website.
14.2. This offer agreement may be terminated within the time limits specified in this agreement at the initiative of the Customer or the Contractor by sending the other party a relevant notice e by mail, sms or WhatsApp.
15 . Addresses and bank details of the Contractor:
IMPERIA LLC
Legal address: 123112, Moscow, Presnenskaya embankment, 12, office 4402, p.1
Actual address: 123112, Moscow, Presnenskaya embankment, 12, office 4402, p.1
ИНН: 7703437830 _cc781905-5cde -3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194-bb3b- 136bad5cf58d_ КПП: 770301001 _cc781905-5cde -3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194-bb3b- 136bad5cf58d_ _cc781905-5cde-3194-bb3b-136bad5cf58 d_ _cc781905-5cde- 3194-bb3b-136bad5cf58d_ OGRN: 5177746252426_cc781905-5c58de-3194
PJSC SBERBANK MOSCOW
Р/С: 40702810538000135460 БИК: 044525225 _cc781905-5cde-3194-bb3b -136bad5cf58d_ _cc781905-5cde -3194-bb3b-136bad5cf58d_ _cc781905-5cde-3194-bb3b- 136bad5cf58d_ _cc781905-5cde- 3194-bb3b-136bad5cf58d_ C/S: 30101810400000000225
Тел.: 8-800-222-07-17 _cc781905-5cde- 3194-bb3b-136bad5cf58d_ E -mail: mail@avtoimperiya.com Website: https://www.aeroimperiya.com/
WhatsApp: 8-917-79-242-79
General Director - Alexander Alexandrovich Pavlov.