Terms of Service
1. General Provisions
This Public Offer contains the terms and conditions for concluding a Sale and Purchase Agreement (hereinafter referred to as the “Sale and Purchase Agreement” and/or the “Agreement”). This Offer is understood as a proposal addressed to one or more specific persons, sufficiently definite and expressing the intention of the offeror to consider the Agreement concluded with the offeree upon acceptance of the offer.
Performing the actions specified in this Offer shall be deemed as confirmation of the mutual consent of both Parties to conclude the Sale and Purchase Agreement on the terms, conditions, and to the extent set forth herein.
The text of this Public Offer constitutes the Seller’s official public proposal to the interested parties to conclude a Sale and Purchase Agreement pursuant to Clause 2 of Article 437 of the Civil Code of the Russian Federation.
The Sale and Purchase Agreement is considered concluded and comes into force from the moment the Parties perform the actions specified in this Offer, indicating unconditional and full acceptance of all its terms without any exceptions or limitations on a take-it-or-leave-it basis.
Definitions:
  • Agreement — the text of this Offer together with its Appendices, which are an integral part hereof, accepted by the Buyer by performing the implied actions stipulated in this Offer.
  • Implied actions — conduct that expresses consent to the counterparty’s proposal to conclude, amend, or terminate the Agreement, consisting of full or partial fulfillment of the conditions proposed by the counterparty.
  • Seller’s Website on the Internet — a set of software programs and other information contained in the information system accessible via the Internet at the domain name and network address: https://fuelborn.store.
  • Parties to the Agreement (Parties) — the Seller and the Buyer.
  • Goods — any items subject to the Sale and Purchase Agreement in accordance with Article 129 of the Civil Code of the Russian Federation.
2. Subject of the Agreement
2.1. Under this Agreement, the Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to accept the Goods and pay the agreed monetary amount.
2.2. The name, quantity, assortment, price, delivery terms, and other conditions of the Goods are determined based on the Seller’s information provided at the time of the Buyer’s order placement or as specified on the Seller’s Website product page.
2.3. Acceptance of this Offer is expressed by performing implied actions, including but not limited to:
  • Registering an account on the Seller’s Website, if registration is required;
  • Completing and submitting an order form for the Goods;
  • Providing necessary information for the conclusion of the Agreement via telephone, email, or other contact methods listed on the Seller’s Website, including callbacks initiated by the Seller in response to the Buyer’s request;
  • Paying for the Goods.
  • This list is not exhaustive and may include other actions that clearly demonstrate the person’s intention to accept the counterparty’s offer.
3. Rights and Obligations of the Parties
3.1. Seller’s Rights and Obligations:
3.1.1. The Seller has the right to demand payment for the Goods and their delivery under the terms of the Agreement;
3.1.2. The Seller may refuse to conclude the Agreement with the Buyer in cases of bad faith conduct, including but not limited to:
  • More than two refusals of Goods of proper quality within one year;
  • Providing knowingly false personal information;
  • Returning damaged or used Goods;
  • Other bad faith actions evidencing intent to abuse rights or absence of normal economic purpose of the Agreement (i.e., acquisition of the Goods).
  • 3.1.3. The Seller undertakes to transfer the Goods of proper quality in suitable packaging;
  • 3.1.4. To transfer the Goods free of rights or claims of third parties;
  • 3.1.5. To arrange delivery of the Goods to the Buyer;
  • 3.1.6. To provide the Buyer with all necessary information in compliance with the applicable legislation of the Russian Federation and this Offer.
3.2. Buyer’s Rights and Obligations:
3.2.1. The Buyer has the right to demand transfer of the Goods in accordance with the terms of the Agreement;
3.2.2. To request all necessary information as required by applicable law and this Offer;
3.2.3. To refuse the Goods on grounds provided by the Agreement and Russian legislation;
3.2.4. The Buyer undertakes to provide accurate information necessary for proper performance of the Agreement;
3.2.5. To accept and pay for the Goods in accordance with the terms of the Agreement;
3.2.6. The Buyer guarantees that all terms of the Agreement are clear and accepts them fully and without reservations.
4. Price and Payment Terms
4.1. The price and payment terms for the Goods are determined based on the Seller’s information provided when placing the order or as specified on the Seller’s Website order page.
4.2. All payments under this Agreement are made by non-cash methods.
5. Exchange and Return of Goods
5.1. The Buyer has the right to return or exchange Goods purchased remotely, except for goods excluded from return or exchange under Russian law. Conditions, terms, and procedures for returning Goods of proper or improper quality comply with the Civil Code of the Russian Federation, Consumer Protection Law No. 2300-1 dated 07.02.1992, and Government Resolution No. 2463 dated 31.12.2020.
5.2. The Seller shall satisfy the Buyer’s request for exchange or return if the Goods have not been used, retain their consumer properties, and proof of purchase from the Seller is provided.
6. Confidentiality and Security
6.1. In the execution of this Agreement, the Parties shall ensure confidentiality and security of personal data in accordance with Federal Laws No. 152-FZ “On Personal Data” and No. 149-FZ “On Information, Information Technologies and Information Protection” dated 27.07.2006.
6.2. The Parties undertake to keep confidential any information received during the performance of this Agreement and take all necessary measures to prevent disclosure.
6.3. Confidential information means any information exchanged by the Parties during the Agreement’s performance subject to protection, except as otherwise provided.
6.4. Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, schemes, charts, specifications, and other documents in both paper and electronic formats.
7. Force Majeure
7.1. The Parties are released from liability for failure or improper fulfillment of obligations under this Agreement if proper performance became impossible due to force majeure circumstances, i.e., extraordinary and unavoidable events under the conditions, including government prohibitions, epidemics, blockades, embargoes, earthquakes, floods, fires, or other natural disasters.
7.2. In case of force majeure, the affected Party shall notify the other Party within 30 (thirty) business days.
7.3. A certificate issued by an authorized state body shall be sufficient proof of force majeure and its duration.
7.4. If force majeure lasts more than 60 (sixty) business days, either Party may unilaterally terminate the Agreement.
8. Liability of the Parties
8.1. In case of non-performance or improper performance of obligations under the Agreement, the Parties shall be liable according to the terms of this Offer.
8.2. The Party failing to perform or improperly performing obligations shall compensate the other Party for losses caused by such breach.
9. Term of the Offer
9.1. This Offer comes into effect upon publication on the Seller’s Website and remains valid until withdrawn by the Seller.
9.2. The Seller reserves the right to amend or withdraw this Offer at any time at its sole discretion. Changes or withdrawal will be communicated to the Buyer by posting on the Website, in the Buyer’s personal account, or by sending notice to the email or postal address provided by the Buyer.
9.3. The Agreement becomes effective upon the Buyer’s acceptance of this Offer’s terms and remains in force until full performance of obligations by both Parties.
9.4. Amendments published by the Seller on the Website in the form of an updated Offer are deemed fully accepted by the Buyer.
10. Additional Terms
10.1. The Agreement, its conclusion and execution are governed by the current legislation of the Russian Federation. All matters not regulated or incompletely regulated by this Offer shall be governed by the substantive law of the Russian Federation.
10.2. In case of disputes arising from this Agreement, the Parties shall seek to resolve them amicably before commencing legal proceedings. Legal proceedings shall be conducted under Russian law. Pre-trial dispute resolution is mandatory.
10.3. The language of the Agreement and all communications between the Parties (including correspondence, claims, notifications, explanations, and document submissions) shall be Russian.
10.4. All documents required under this Offer must be in Russian or accompanied by a certified Russian translation.
10.5. Failure by either Party to enforce any provision of this Offer does not waive the right to enforce it later or to claim breach if similar violations occur in the future.
10.6. Links to third-party websites and materials on the Seller’s Website are for informational purposes only. The Seller does not control or accept liability for content on such sites or any losses arising from their use.
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