Public offer of QC OIL
Purchase and sale agreement
This Contract of Sale is an offer of the Limited Liability Company “Q SEA OIL” to, posted on the website qc-oil.com , on the sale to individuals of light and chemical industry goods available from the seller, on the terms and in the manner determined by this Agreement.
1. Definitions and concepts
1.1. The Seller is a limited liability Company “Q SEA OIL” (TIN 7743345470, OGRN 1207700294900), which is an offeror and a Party to this Agreement, offering products for sale by placing an assortment on the website qc-oil.com and in catalogs.
1.2. The Buyer is an individual who is a Party to this Agreement and does not have the status of an individual entrepreneur, as well as an individual, regardless of the status of an individual entrepreneur, who purchases goods solely for the purpose of using for personal and/or household needs.
The sale of goods to legal entities, as well as to individuals registered as an individual entrepreneur and purchasing products for the purpose of doing business, is carried out under a supply agreement concluded with the Seller in writing, including on the basis of a one-time supply/purchase agreement.
An individual who is not registered as an individual entrepreneur, but who purchases products for the purpose of selling them and/or using them not for personal and/or household needs, but for carrying out activities that meet the criteria of entrepreneurship, is not a Party to this Agreement.
1.3. Offer – the Seller’s offer addressed to an indefinite circle of individuals to conclude a purchase and sale agreement.
1.4. Acceptance of the offer – acceptance by the Buyer of the terms of this Agreement, which means full and unconditional agreement with its terms. The acceptance of the offer is made by performing certain actions by the Buyer, including by paying for the Goods or placing an order for products.
1.5. Goods (also referred to as Products) – products of light and chemical industry, the name, assortment and quantity of which is established by the Parties on the basis of the Buyer’s order in the transfer documentation (receipt, bill of lading, etc.).
1.6. Order – one or more product items from the assortment list posted on the website qc-oil.com or in catalogs selected and indicated by the Buyer as desired for purchase from the Seller. The availability of the Goods ready for transfer to the Buyer is specified by the Seller upon confirmation of the Buyer’s order.
All information materials presented on the website are of a reference nature and cannot fully convey reliable information about the properties and characteristics of the product. In case of questions concerning the characteristics of the goods, before placing an order, the Buyer should contact the Seller for clarification.
1.7. Order confirmation – the Seller’s notification of receipt of the order from the Buyer and acceptance of such order for execution. The Seller’s notification of order confirmation must be made in a form that allows to recognize without a doubt that the order has been confirmed and accepted for execution. In particular, the form of such confirmation may be invoicing for payment. Order confirmation is carried out by a call, SMS notification, e-mail, telephone message, messages in messengers or social networks at the Seller’s choice. The order can be confirmed in part depending on the availability of the corresponding Goods in stock, the conformity of the Goods with the requirements of the Buyer’s order and other conditions.
1.8. The Internet site is an information resource at qc-oil.com , which contains information available to third parties about the Seller, the range of products offered for sale, information for consumers, including recommendations on operation, claims and product quality, contact details of the Seller.
1.9. Personal Account is a service located on the Internet site that allows, after passing pre-registration by the Buyer, to order Goods, receive information about the status of Goods, as well as perform other legally significant actions related to the relationship between the Buyer and the Seller
2. Subject of the Contract
2.1. The Seller undertakes to transfer, and the Buyer to accept and pay for the Goods in accordance with the terms of this Agreement. The name, quantity, assortment of Goods and the value of the goods provided under this Agreement are determined in the transfer documentation (receipt, bill of lading, etc.), based on the corresponding order.
2.2. The Seller hereby certifies and guarantees that the Goods belong to him on the right of ownership, are not mortgaged, are not arrested, are not subject to the claims of third parties.
2.3. By making an order, the Buyer confirms that he is familiar with and agrees with the terms of this Agreement, the terms are clear to him and are unconditionally accepted.
3. Making an order
3.1. Ordering by the Buyer is available in the following ways:
3.1.1. Registration with pre-registration on the website (if there is an appropriate technical capability of the website);
3.1.2. Registration without registration on the website via the order submission form;
3.1.3. Registration through the website operator by calling the Seller’s phone numbers, sending an email message, via messengers or online chat on the website.
3.2. Registration on the site involves the registration of a personal account for the use of additional functionality of the site.
3.3. When placing an order, the Buyer indicates the name of the item or its article, the quantity of products in the units of measurement established by the Seller, and also indicates the desired payment method and delivery method from the possible options posted on the Seller’s website. The Buyer has the right to provide the Seller with other information necessary for the confirmation and execution of such an order.
3.4. The Seller independently determines the method of cargo formation, the nature of packaging and the form of sorting of the Goods, based on ensuring the safety and integrity of the Goods during transportation and storage.
3.5. Also, when placing an order, the Buyer specifies the following personal data: full name, delivery address, contact email address and contact mobile phone number.
3.6. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer.
3.7. The Seller confirms the Buyer’s order by notifying the Buyer by phone, e-mail or using the order submission form on the website and provides the Buyer with a payment request (in the form of invoicing, sending a link, Internet acquiring or business correspondence) to pay for the cost of the ordered Goods, taking into account all agreed additional services and goods.
3.8. In the absence of a commodity item for which the Buyer has placed an order, the Seller notifies the Buyer about this and agrees to exclude the item of this commodity item from the order or replace it with another item available in the Seller’s warehouse.
3.9. The Order may be canceled, changed or supplemented by both the Buyer and the Seller in whole or in part at any time before the payment is made or the Goods are transferred according to the order of the transport company for delivery to the Buyer. Outside of the specified circumstances, any changes to the order can be initiated only by mutual consent of the Parties.
4. Payment of the order
4.1. The Buyer has the right to clarify the possible payment methods of the Goods with the Seller when placing an order or before placing an order by phone, e-mail or through the feedback form on the website.
4.2. Unless otherwise agreed additionally, payment for the goods according to the confirmed order is made on the terms of full prepayment.
4.3. The price of the product items is indicated on the website. In case of erroneous or irrelevant indication of the price of the Goods ordered by the Buyer, the Seller informs the Buyer about it to confirm the order at the corrected price or cancel the order.
4.4. The full cost of the order and the actual price of the Goods are indicated by the Seller in the payment request (as well as the invoice, business correspondence, when placing an order on the website), the display of the cost and other characteristics of the Goods on the Seller’s website, as well as third parties, is not recognized by the Parties in itself and is not public an offer.
4.5. The term of payment for orders on the terms of full prepayment is three working days. In the absence of the fact of receipt of funds after this period, the order is canceled.
4.6. Upon receipt of funds for an already canceled order, it can be restored if this product is available at the price indicated in the canceled order.
4.7. For orders on the terms of full prepayment, the delivery, dispatch or delivery of the order is carried out only after the Buyer’s funds are credited to the Seller’s current account or to the Seller’s cashier.
4.8. Payment for the Goods is carried out according to the Seller’s details specified in the invoice or other payment request of the Seller. Payment for the Goods is considered to be executed in full at the time of receipt of funds to the Seller’s settlement account.
5.1. The conditions for the delivery, dispatch or delivery of the Goods according to the order, the approximate period of its implementation, its cost, are established by the Seller based on the current tariffs of the transport company or courier delivery service and are brought to the attention of the Buyer when confirming the order.
The delivery of the Goods can be carried out with the involvement of transport companies and courier services, determined by the Supplier unilaterally.
5.2. The agreed delivery method is the method chosen by the Buyer from the available delivery methods, depending on the locality specified by him when placing the order.
5.3. Possible delivery methods of orders are:
5.3.1. Delivery to the address specified by the Buyer in the order.
5.4. At the time of approval, as well as confirmation of the Buyer’s order, the cost of delivery is calculated within approximate limits. The cost of delivery of each order is calculated individually, based on its weight, region and delivery method, and is specified at the time the Seller transfers the Goods to a transport company or courier delivery service. The buyer has been warned about possible changes in the cost of delivery, and therefore no additional approval of the specified cost is made.
5.5. Upon delivery, the Goods are handed over to the Buyer or to the person indicated as the recipient of the Goods. If it is impossible to receive the Goods by the above-mentioned persons, the Goods are handed over to a person who is ready to provide information about the Goods (shipment number and/or recipient’s full name), as well as to pay the cost of the order in full to the person delivering the order.
5.6. The risk of accidental loss or accidental damage of the Goods passes to the Buyer from the moment of transfer of the Goods to him and the signature of the recipient of the Goods in the documents confirming the delivery of the Order.
5.7. Upon delivery of the prepaid Goods, the person delivering the Goods has the right to request a document certifying the identity of the recipient, as well as to indicate the type and number of the document provided by the recipient on the receipt for the order for the Goods.
The Parties agreed that upon delivery of the Goods, the powers of the person accepting the Goods in the interests of the Buyer are evident from the situation.
5.8. The Seller is not responsible for the goods transferred to the transport company for delivery to the Buyer. In case of damage or loss of the shipment during delivery, the recipient must draw up an appropriate act and claim to the relevant transport company in accordance with the procedure established by such a transport company.
5.9. When transferring the Goods, the Buyer, in the presence of the person delivering the Goods, must check:
– Appearance and packaging of the Goods, including shipping;
– The number of Products in the order;
– Completeness Of The Product;
– Availability of accompanying documentation.
5.10. Receipt of the goods indicates that there are no claims on the items listed in clause 5.9. If the Buyer discovers deficiencies, further claims are made solely on the basis of documentary confirmation in accordance with the requirements set out in Section 6 of this Agreement.
5.11. The date of purchase is the date of actual receipt of the goods indicated in the cash receipt, the waybill or the waybill of the transport company / courier service.
5.12. In case of refusal and/or evasion from receiving the Goods by the Buyer or other persons in accordance with clause 5.5. of this Agreement, the Goods are returned to the warehouse of the transport company / courier service. The Buyer is obliged to initiate a re-delivery of the Goods on his own within 7 (seven) calendar days from the first date of the failed delivery. The Seller is not responsible for the interaction between the Seller and the transport company/courier service chosen by the Buyer.
In case of non-fulfillment by the Buyer of the obligation to initiate re-delivery, the Goods are subject to return to the Seller, the funds paid by the Buyer for such Goods are not returned.
6. Product quality and claims
6.1. The quality of Products supplied under this Agreement must comply with the declared technical characteristics and Technical Regulations, GOST, OST, TU, TO, TS for this type of Product. Information about the quality and characteristics of the Product and the specific standards that the Product meets is posted on the website. Information about the quality and characteristics of the Product and the specific standards that the Product meets is posted on the website, and is also provided at the request of the Buyer.
6.2. If the description contains an indication of the exclusivity of certain consumer properties of the Product, the materials from which it is made, or a comparison of any other qualitative and/or quantitative indicators reflecting a subjective assessment with other goods in civil circulation, it should be understood that such a comparison is based on the data available the compiler of such a description, and can not be considered as an absolute truth.
6.3. In case of any doubts regarding the quality and characteristics of the products, storage conditions and operation of the Goods, the Buyer independently asks the Seller the relevant questions before or when placing and confirming the order in any available way. Payment of the order is a confirmation of the Buyer’s familiarization with all the requirements, characteristics and conditions of storage, installation and operation of the Goods.
6.4. The Buyer has the right to make claims to the Seller regarding the defects in the quality of the transferred Goods, if they are found during the warranty period.
6.5. The warranty period for the Product is publicly available on the website or catalogs separately for each type of Product or category of Goods.
6.6. In respect of goods for which warranty periods have not been established or are not posted on the website or in catalogs, the Buyer has the right to make these claims if the defects of the goods are found within a reasonable time, but within two years from the date of their transfer to the Buyer.
6.7. The Buyer undertakes not to use the Goods if he is not sure of the correctness of his actions, has not received all the necessary information about the use of the Goods, its technical characteristics, standards that determine the quality of such Goods, as well as methods for verifying the compliance of such goods with the quality standard. The Seller is not responsible for any damage or defects of the Goods if the Buyer violated the conditions of storage, installation and operation of the Goods.
6.8. Quality claims are made by the Buyer during the warranty period for the Goods, but no later than 5 (five) calendar days from the date of detection of defects. The claim must be accompanied by a descriptive description that reveals the circumstances of its occurrence and detection, and photo / video materials that uniquely identify the claimed defect, as well as the fact of non-conformity of the Goods in quality must be confirmed by the test results of an independent certified laboratory in accordance with the requirements of GOST (TU) established for a specific type of product..
6.9. The Seller reserves the right to request additional materials necessary for unambiguous determination of the presence or absence of a factory defect. If a remote unambiguous determination of the defect is not possible, and the Seller does not agree with the laboratory results presented, samples may be requested for product identification and laboratory analysis as part of clarifying the causes of the defect. For this reason, it is not allowed to dispose of the Goods until a final decision is made by the Seller.
6.10. The term of consideration of the claim, which does not provide for the withdrawal of samples for laboratory analysis, is up to 10 (ten) working days. If it is impossible to make an objective decision on the materials provided remotely and it is necessary to withdraw samples for laboratory analysis, the period may be extended to 28 (twenty-eight) working days, not including the time of sending samples and conducting an examination by a third-party organization engaged by the Seller.
6.11. Replacement of low-quality Goods or refund of funds paid by the Buyer is carried out within 3 (three) calendar days from the date of confirmation of the Buyer’s claim.
6.12. Regardless of the grounds for submitting the relevant claim, the costs of the Buyer, as well as third parties related to the use of the delivered goods, including those recognized as non-conforming in quality, for direct, as well as for other purposes, are not subject to compensation.
6.13. Any compensation reasonably paid under this Agreement, including, but not limited to, actual damage and lost profits, may not exceed the value of the Goods actually paid by the Buyer.
7. Terms of return and exchange of goods
7.1. The Buyer has the right to refuse to receive and return a high-quality (non-defective) The Goods within 14 (fourteen) calendar days from the date of their receipt, unless otherwise specified in this Agreement.
7.2. In accordance with the Decree of the Government of the Russian Federation dated 31.12.2020 No. 2463, household chemicals are not subject to return, except in cases of detection of quality violations in accordance with Section 6 of this Agreement.
7.3. The return of the received Goods of proper quality, with the exception of the goods specified in clause 7.2. of this Agreement, is possible under the following conditions:
7.3.1. The goods must be of proper quality, i.e. they must not have any defects: cracks, scratches, chips, mechanical damage, etc., except for hidden manufacturing defects.
7.3.2. The product must not have traces of operation, its presentation, consumer properties, equipment, seals and factory (production) packaging must be preserved. If the factory packaging is violated, the Seller has the right to withhold 10% of the value of the goods, for the restoration of packaging and completeness control by agreement of the parties.
7.3.3. Together with the goods, it is necessary to transfer documents confirming the conclusion of the contract (receipt, order form, transfer documents). The absence of these documents is not an independent reason for refusing to return the Goods to the Buyer.
7.4. The application for the return of the goods is considered to be submitted in the proper form if it is made in writing with the Buyer’s handwritten signature. The Buyer’s request for a refund is transmitted simultaneously with the Goods.
7.5. The return of high-quality Goods is carried out by and at the expense of the Buyer to the Seller’s address specified in section 10 of this Agreement.
7.6. If traces of exploitation are found, the Seller reserves the right to refuse to refund funds on this basis.
7.7. If, at the time of the Buyer’s request, a similar Product is not available for sale from the Seller, the Buyer has the right to refuse to execute the contract of sale and demand a refund of the amount of money paid for the specified Product. The Seller is obliged to return the amount of money paid for the returned Goods within 3 (three) working days from the date of receipt of the returned Goods and the corresponding application from the Buyer.
8. Agreement on the processing of personal data
8.1. By registering on the website or providing data in any other way, the Buyer confirms his consent to transfer his personal data to the Seller at his own will and in his own interest within the provisions of the Federal Law “On Personal Data” dated 27.07.2006 No. 152-FZ.
8.2. The Buyer hereby consents to the processing of the personal data provided, including the transfer of them to third parties for the purposes of fulfilling the Contract (transport companies, agents, companies providing courier delivery services, etc.).
8.3. The Seller confirms that the personal data transmitted by the Buyer will be used exclusively for the purposes of:
– informing him about the status of the order, by sending SMS alerts and emails;
– processing the Buyer’s orders, informing about the status of order fulfillment and to fulfill its other obligations to the Buyer, including business correspondence with the Buyer;
– informing the Buyer about promotions, discounts and special offers through electronic and SMS mailings;
8.4. If the Buyer does not want his personal data to be processed, he must contact the Seller by sending a withdrawal of consent to the processing of personal data provided under this Agreement.
8.5. Confirmation of consent to receive letters concerning the formation and shipment of an Order is the fact of placing an Order.
9. Final provisions
9.1. This Agreement comes into force from the moment it is published on the website and is valid until it is replaced by a new version of the Agreement.
9.2. In everything that is not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation, including the Federal Law “On Personal Data” dated 27.07.2006 No. 152-FZ, the Civil Code of the Russian Federation, etc.
9.3. All disputes and disagreements arising as a result of the performance of the Contract, the Parties will seek to settle in a pre-trial manner.
9.4. If it is impossible to resolve the dispute in a pre-trial manner, the dispute is subject to judicial review in accordance with the current legislation of the Russian Federation.
Details of the Seller
Q SEA OIL LLC
Legal address: 125565, Moscow g, Leningradskoe sh., building 64, building 3, apartment FL 3 POM IV COM 51
Actual address: 125565, Moscow g, Leningradskoe sh., building 64, building 3, apartment FL 3 POM IV COM 51
TIN: 7743345470 KPP: 774301001 OGRN: 1207700294900
Bank details: p/sch: 40702810301500074506 in the bank POINT of PJSC BANK “FC OTKRITIE”, BIC: 044525999; k/sch: 30101810845250000999
Phone: 8(495) 509-66-56