Agent’s Public Offer
This document is a public offer by Mounteen.com to any individual to accept the Agent’s Public Offer (hereinafter referred to as ‘Offer’).
In accordance with Clause 2, Article 437 of the Civil Code of the Russian Federation (ССRF), unconditional acceptance of the terms and conditions outlined below is deemed acceptance. In accordance with Clause 3, Article 438 of the CCRF, acceptance of an offer is deemed equal to signing this offer in paper and subject to conditions disclosed therein, which makes any individual accepting this Offer a Principal to this Offer. Publication of this Offer at the Agent’s official website available at https://mounteen.com is a public offer by the Agent to any individual to accept the terms and conditions of this Offer. Any individual accepting this Offer by means of a process specified herein is deemed to have come into an agreement with Mounteen.com concerning provision of agency commission services for procurement and arrangement of delivery of product(s) subject to terms and conditions disclosed below, and will be further referred to as ‘Principal’.
Mounteen.com, as the First Party, hereinafter referred to as ‘Agent’, and Principal, as the Second Party, commonly referred to as ‘Parties’, have entered into this agreement as follows:
Acceptance, performance of actions described in Clauses 1 and 2 of Appendix 1 (‘Ordering Procedure’). Acceptance is considered absolute and final.
Offer is this agreement and all of its appendices.
Principal Email, an email address of the Principal, which the Principal provides to the Agent in line with this Offer, and used on the Store Website for authenticating the Principal.
The Internet, a loosely-organized international collaboration of autonomous, interconnected networks, supports host-to-host communication through voluntary adherence to open protocols and procedures defined by Internet Standards
Prices, product prices shown by the Agent on the Store Website and effective at the moment of transaction, which include supplier prices, Agent’s Fee amount, fees and commissions for services of third parties specified in Clause 1.1 of this Offer, and based on which the Principal compensates the Agent for services provided by the latter under this Offer.
Product, a single product or several products ordered by the Principal via the Store Website under this Offer.
Store Website, the Agent’s website located at one of the following URLs: https://mounteen.com, https://mounteen.ru.
Ordering Procedure, a procedure that is described in Appendix 1 (‘Ordering Procedure’), during which the Principal uses the Store Website to enter data required to enable the Agent to provide their services under this Offer, and pays for the Product, shipping, and Agent’s Fee, as well as any associated services and third party fees.
Supplier, a third party, with which the Agent interacts on behalf of the Principal, but in the Agent’s own name, with the purpose of providing the Principal with the services described in this Offer.
- GENERAL CONDITIONS
1.1. As instructed by and at the expense of the Principal, the Agent shall, in the Agent’s own name, perform actions on procurement and arrangement of delivery of the Product chosen by the Principal to the Principal’s address. Whenever the Principal instructs the Agent to perform actions mentioned above, it is implied that the Agent should act in their own name, but at the expense of the Principal with the purpose to procure and arrange delivery of the Product (hereinafter referred to as ‘transaction’) with any applicable third parties, which may include Supplier(s), postal and/or courier services, as well as facilitate any communications related to the transaction, and perform any technical and/or legal procedures required by the transaction, including payment of any applicable fees and commissions to third parties participating in the transaction, either explicitly, or by implication.
1.2. The Parties enter this agreement when the Principal accepts the terms and conditions of the Offer in their entirety, with no additional conditions, omissions, and/or exceptions.
1.3. The Principal is considered to have signed the Offer after accepting it by performing all actions outlined in Clause 2.1 of this Offer.
1.4. The Agent holds liability for any transaction they conduct with any third party in their own name and at the expense of the Principal, even if the Principal had been addressed as a party to the transaction or had directly interacted with any third party on fulfilment of the transaction.
1.5. Under this Offer, shipping of the Product is performed worldwide.
1.6. By accepting this Offer, the Principal acknowledges their agreement with all the terms and conditions of this Offer, all of its Appendices, namely Appendix 1 (‘Ordering Procedure’), Appendix 2 (‘Refund Policy’) and Appendix 3 (‘Privacy Notice’).
- OFFER ACCEPTANCE PROCEDURE
2.1. Performance of actions described in Clauses 1 and 2 of Appendix 1 (‘Ordering Procedure’) is deemed as absolute and final acceptance of all the terms and conditions of this Offer and all of its Appendices.
2.2. The Ordering Procedure is described in Appendix 1 (‘Ordering Procedure’).
2.3. When the Principal accepts this Offer, it is considered that they have thoroughly read and understood all the terms and conditions of this Offer and all of its Appendices.
2.4. This Offer comes in force at the moment of its publication at the Store Website and its acceptance in accordance with Clause 2.1 of this Offer, and ceases to be effective either in the situation described in Clause 5.2 of this Offer or after its execution.
- RIGHTS AND OBLIGATIONS OF AGENT
3.1. The Agent shall:
3.1.1. Execute instructions of the Principal as governed by the terms and conditions of this Offer.
3.1.2. Provide the Principal with a tracking number for tracking the Product delivery, except for when, by mutual agreement of the Parties, the tracking number is not provided.
3.1.3. Provide the Principal with customer service accessible via communication means specified at the Store Website.
3.1.4. Provide an Agent’s Report in an electronic format approved by the Agent to the Principal by means of sending it to the Principal Email within 28 business days after execution of this Offer. The Agent’s Report should include the total sum paid by the Principal to the Agent under this Offer that includes the Agent’s Fee.
3.1.5. The Agent’s Fee amount shall not be disclosed in the Agent’s Report.
3.2. The Agent may:
3.2.1. Neither perform their liabilities to the Principal under this Offer, nor fulfil any other instructions by the Principal should the Principal not have paid, wholly or partially, the amount due under the transaction.
3.2.2. Introduce changes to this Offer with notification of the Principal by publishing respective information on the Store Website at least 10 (ten) days before changes in question come into effect.
3.2.3. Withhold information about third parties, with whom the Agent interacts under this Offer, including Supplier(s), to the Principal and/or other parties.
3.2.4. Withhold the Agent’s Fee amount under this Offer to the Principal and/or other parties.
3.2.5. Notify the Principal on the current status of Product delivery, Agent’s news, promotional offers, special offers, and new products by sending informational and advertising messages to the Principal Email.
3.2.6. Enter into subagent agreements with third parties. Should such a subagent agreement be signed, the Agent bears responsibility for any subagent activities applicable to this Offer before the Principal.
- RIGHTS AND OBLIGATIONS OF PRINCIPAL
4.1. The Principal may:
4.1.1. Be informed by the Agent of the fulfilment status of the Agent’s obligations under this Offer and request such information from the Agent.
4.2. The Principal shall:
4.2.1. Provide the Agent with information necessary for fulfilment of this Offer by means of passing the Ordering Procedure at the Store Website.
4.2.2. Reimburse the Agent for their expenses arising due to fulfilment of this Offer and subject to Prices published at the Store Website, and pay to them the Agent’s Fee.
4.2.3. Within 5 calendar days after the Agent submits the Agent’s Report to the Principal Email in accordance to Clause 3.1.4 of this Offer, either accept the Agent’s Report in reply or, should the Principal have objections to the Agent’s Report, clearly state them in reply. In case the Agent does not receive a response email from the Principal at the ‘reply-to’ mailbox specified in the original email containing the Agent’s Report submitted by the Agent within the declared period, or should the Principal state in their response email that they accept the Agent’s Report, the Agent’s Report is considered accepted by the Principal, services under this Offer are considered provided to the full extent and to the required quality, and the Agent’s obligations under this Offer are considered duly fulfilled and hence cease, while the Agent’s Report remains in full force and effect.
4.2.4. Should the Agent receive the Principal’s objections to the Agent’s Report within the period specified in Clause 4.2.3 of this Offer, these objections should be settled by negotiations and in line with the terms and conditions of this Offer. After the objections have been resolved, the Agent’s Report is deemed as accepted by the Principal, services under this Offer are considered provided to the full extent and to the required quality, and the Agent’s obligations under this Offer are considered duly fulfilled and hence cease, while the Agent’s Report remains in full force and effect.
- OFFER DURATION
5.1. This Offer remains in effect for an indefinite period and comes into effect after being accepted as described herein.
5.2. The Principal may unilaterally terminate this Offer only before the payment has been made. Unilateral refusal by the Principal to execute their obligations under this Offer after the payment has been made is not allowed.
5.3. The Agent may unilaterally terminate this Offer with notification of the Principal as provided by applicable law of the Russian Federation. In case the Agent terminates this Offer, they shall reimburse the Principal with the amount paid by the latter less any costs the Agent may have incurred in relation to the transaction.
- PAYMENT AND AGENT’S FEE
6.1. The Agent’s Fee is calculated as the difference between the Product price published at the Store Website at the moment of the transaction and available in the electronic order receipt, which is paid by the Principal, and the sum of the Supplier’s Product price and postal/courier service fees for delivery of the Product to the Principal’s shipping address, and/or fees of any third parties specified in Clause 1.1 of this Offer, which are all paid by the Agent. All prices are taken at the moment of their respective transactions and can be confirmed with receipts.
6.2. The Product price shall be entirely paid by the Principal after acceptance of this Offer and consists of the Supplier’s Product price, costs of services and commissions of third parties specified in Clause 1.1 of this Offer, and the Agent’s Fee for execution of activities described in this Offer.
6.3. The Principal shall perform transfer of the entire amount due specified in Clause 4.2.2 after accepting the offer using a payment gateway. The Agent shall only begin fulfilment of their obligations under this Offer after receiving the payment from the Principal.
6.4. Should an extra benefit occur with the transaction under this Offer, this extra benefit should be entirely accrued by the Agent.
6.5. The Agent independently withholds the Agent’s Fee from the amount paid by the Principal to the Agent according to this Offer.
6.6. The Agent shall not approve the amount of the Agent’s Fee with the Principal.
- LIABILITY OF THE PARTIES
7.1. The Agent shall not be liable for:
7.1.1. Any actions of third parties and/or delays or interruptions in service that are directly or indirectly related to reasons beyond the Agents control.
7.1.2. Substandard quality, defects and discrepancies with the order for furniture orders (90% of furniture is delivered with minor defects, and returns are not possible most of the times).
7.1.3. Product defects that evolved while using the product.
7.1.4. Discrepancies between the actual product size and the size chart, material quality, regularity of seams on the product, labels and buttons, rhinestones, bows, and other accessories.
7.1.5. Discrepancies between color shades, dimensions, weight, and other item characteristics, and visual equivalence to photographs provided on the Store Website.
7.1.6. Discrepancies between actual characteristics of sophisticated technical items (mobile phones, tablets, special equipment, etc.) and those stated on the Product page.
7.1.7. Integrity of the product package.
7.1.8. Integrity and retention of appearance and marketable condition of glass, ceramic, crystal, fragile, easily deformable items, items with glass, fragile, easily breakable or deformable components (i.e., displays of monitors, laptops, phones, lamp shades and chandeliers, etc.)
7.1.9. Integrity and retention of marketable condition of compact decorative cosmetic powders (powder, shadows, blush, etc.)
7.2. The Agent hereby notifies the Principal that the Agent does not check whether the Supplier(s) own copy and/or neighboring rights for the Product, or whether the Product is counterfeit, and the Agent does not bear any liability in any of those cases. If the Principal and/or any third party discovers copyright violation, no claims can be made on the Agent. If any product is confiscated as counterfeit or violating copy and/or neighboring rights, the money amount paid by the Principal to the Agent under this Offer shall not be subject to return.
7.3. The Principal Email is liable for any actions of third parties that involved use of the Principal Email. The Agent shall not hold liability, neither shall the Agent reimburse any direct or indirect losses arising due to unauthorized use of the Principal data.
7.4. The Principal shall be liable for accuracy of data they provide upon accepting this Offer and within the Ordering Procedure. In case any of these data update, the Principal should immediately inform the Agent via communication means specified at the Store Website. Should the Principal fail to immediately inform the Agent of such updated data, the Agent shall be exempt from liability for untimely and/or unsatisfactory performance of their obligations under this Offer, which require these data to be correct.
7.5. The Agent does not guarantee the possibility of changing the Product shipping address after the order had been paid by the Principal. Should such a necessity arise, the Principal should immediately contact the Agent by communication means specified at the Store Website.
7.6. The Agent shall not be held responsible for normal operation and availability of individual segments of the Internet.
7.7. The Agent shall not bear any liability before the Principal for failure of any third parties and/or Supplier(s) to perform their obligations related to any transactions involving them and effected by the Agent at the expense of the Principal, for Product latent defects, for completeness and accuracy of the Product data.
7.8. The Agent shall not be held accountable before the Principal should the Principal provide incorrect data during the Ordering Procedure on the Store Website.
7.9. The Parties will not take cognizance of claims of any third parties involved with execution of this Offer.
- FORCE MAJEURE
8.1. The Parties are released from responsibility for partial or complete non-fulfillment and/or unsatisfactory performance of their liabilities under this Offer, if this non-fulfillment and/or unsatisfactory performance was caused by the circumstances of Force Majeure, arising after accepting this Offer and resulting from extraordinary events beyond the control of the Parties, namely: act of God, explosion, fire, war (including civil war), strike, siege, epidemy, flood, earthquake, or coming into force of laws rendering fulfilment of liabilities under this Offer partially or fully impossible, as well as interruptions in telecommunication and energy networks, effects of harmful software, and other similar activities and events.
- DISPUTE SETTLEMENT PROCEDURE
9.1. Any disputes or disagreements, which may arise between the Parties in relation to issues not covered by the contents of this Offer, shall be resolved by negotiations.
9.2. If a matter of dispute has not been resolved in the course of negotiations mentioned in Clause 9.1 of this Offer, the party concerned shall submit a written complaint signed with their own signature or that of their representative in accordance with applicable law of the Russian Federation. Any claims from the Principal should be executed in written form and must be sent via communication means allowing for registering their dispatch and reception (i.e., registered mail, telegraph, etc.) provided that a corresponding notice is sent by email, or hand delivered to the Agent by courier and signed by an Agent’s representative.
9.3. Claims referred to in Clause 9.2 of this Offer may be made within 14 (fourteen) calendar days since the alleged violation. Any party to receive a claim submitted after this period is free to disregard such claim.
9.4. The party, to which a claim is addressed, shall examine this claim and inform in writing the party concerned on the results of such examination within 10 (ten) business days since the claim reception.
9.5. If the dispute has not been resolved after examination of the claim, it should be subject to judicial settlement in a court having jurisdiction over the Agent seat and according to the procedure established by the legislation of the Russian Federation.
- FINAL PROVISIONS
10.1. Any activities performed using the Principal Email are considered to have been performed by the Principal.
10.2. All Appendices to this Offer constitute an integral part thereof.
10.3. All messages submitted by the Principal via email should be sent using the Principal Email. Messages from other emails signed by the Principal shall not be taken into account by the Agent.
10.4. If, according to the terms and conditions of this Offer, the Principal is required to notify the Agent in written form, such a notification shall be delivered by mail, with a courier (courier delivery), or personally handed over by the Principal (or a Principal’s representative) to the Agent (or an Agent’s representative). Any representative should be legally allowed act as such in accordance with the applicable laws of the Russian Federation. For written claims submitted under this Offer, the same procedure applies as for written notifications.
10.5. Names of clauses and sections shall not be considered part of this Offer and shall not affect its meaning.
10.6. The Product price published at the Store Website at the moment of the transaction and available in the electronic order receipt is construed as an appendix to this Offer and an integral part of it.
10.7. Any Agent’s Report, for which the procedures of provision and acceptance are described in Clauses 3.1.4, 4.2.3, and 4.2.4, is an accounting source document sufficient for confirming the fact of provision of agency services and retention of the Agent’s Fee by the Agent subject to this Offer.
10.8. Should any individual provisions of this Offer be declared invalid, such declaration shall in no way affect validity of other provisions of this Offer, as well as the Offer in general.
10.9. All other matters not covered by this Offer shall be governed by the applicable laws of the Russian Federation.
TO AGENT’S PUBLIC OFFER
Any individual wishing to utilize the Agent’s Public Offer by Mounteen.com (hereinafter referred to as ‘Prospect’) shall accept the offer containing all terms and conditions of the Public Offer published at the Store Website.
The Ordering Procedure for the Prospect consists of the following steps:
- Having chosen and added to cart the Product on the Store Website and having understood the Offer and all of its Appendices, and wishing to utilize the Offer, the Prospect should confirm their understanding and acceptance of the Offer and Privacy Notice by checking the ‘I agree to Conditions of Use and processing of my personal data’ checkbox, and then click/tap the ‘Check Out’ button.
- Next, the Prospect should enter their email in a corresponding field on the ‘Customer information’ page, and choose whether or not they agree to receive news and exclusive offers of Mounteen.com to their email by leaving the tick in place in or unchecking the checkbox ‘Keep me up to date on news and exclusive offers’.
Next, the Prospect should fill in their Shipping Address, namely their first name, last name, address, city, country, state/provice/region, ZIP/postal code, and enter their phone number. The Prospect may choose to save this information for their next order by checking the checkbox ‘Save this information for next time’. Then, the Prospect should click/tap the ‘Continue to shipping method’ button, thus submitting all entered data to the Agent and opening the ‘Shipping method’ page. The Prospect is fully responsible for accuracy of data they provide during the Ordering Procedure. The Agent does not accept claims of third parties directly and/or indirectly related to data provided by the Prospect during the Ordering Procedure.
Having completed all required fields, the Prospect should select a preferred shipping method on the ‘Shipping method’ page and then click/tap the ‘Continue to payment method’ button.
- On the ‘Payment method’ page, the Prospect should choose a preferred payment method. Shall the Prospect wish to use a discount code, they should enter in in the ‘Discount code’ field, and click ‘Apply’. If the billing address of the Prospect is different than their shipping address, they should select the ‘Use a different billing address’ radio box, and input their billing address in the respective field. The Prospect should then click/tap the ‘Complete order’ button, after which they are transferred to the payment gateway, where they can securely enter their payment credentials and pay for the order.
- After payment, the Prospect returns to a ‘Thank You’ page on the Store Website, where they can see their new order number, status, information entered during the Ordering Procedure, such as shipping address, billing address, contact information, shipping method, prices, and see products they ordered. Here they can also click/tap ‘Continue shopping’ to further browse the Store Website. Information on the new order is also submitted to the Prospect at their email entered during the Ordering Procedure.
When the Prospect confirms their understanding and acceptance of the Offer and Privacy Notice and submits their data entered on the ‘Customer information’ page as described in Clauses 1 and 2 of this Appendix, they become the Principal to the Offer, and the Offer is considered a signed agreement.
The Prospect seeking to become the Principal guarantees to be a sui juris individual, of full age (or emancipated), and capable of making agreements according to applicable laws of their country of residence.
TO AGENT’S PUBLIC OFFER
- The Refund Policy lasts 90 calendar days. If 90 calendar days have gone by since the Product has been received by the Principal, unfortunately, the Agent cannot offer the Principal a refund or exchange. The Principal is eligible for a refund either within 90 calendar days after reception of the Product by the Principal, but not after accepting the Agent’s Report, as set forth in Clauses 4.2.3–4.2.4 of the Public Offer, or if the Product is still in delivery after more than 45 calendar days have passed since the Principal had paid for the Product. With that being said, should the Principal have received the Product, to be eligible for a refund the Principal should return the Product to the Agent at their own cost according to Clause 2 of this Appendix.
- When returning the Product, the Principal should ship the Product to the following address: Dennis Needham, 1st Floor, Bonded Warehouse, Building 2, Electronic Information Industrial Park, Fenghuang Avenue, Guichi District, Chizhou City, Anhui Province, China, 247000 (unless otherwise specified by the Agent). The Principal is responsible for paying for all shipping costs including any additional fees and commissions.
- Having received the Product from the Principal, the Agent shall examine the Product for being defective and, should this be proven, the Agent shall refund the Principal the price paid by the Principal for the Product under the Public Offer at their payment credentials originally used for payment during the Ordering Procedure.
- Any costs incurred by the Principal in relation to shipping the Product to the Agent are non-refundable.
- Shall it become clear to the Agent that delivery of the Product within the period specified in Clause 1 of this Appendix is not possible for reasons beyond the control of the Agent, the Agent shall notify the Principal thereof by sending an appropriate notification to the Principal Email and agree with the Principal on further actions, including, but not limited to the following: refund, delayed delivery, delivery of another similar product.
TO AGENT’S PUBLIC OFFER
- This Privacy Notice describes how your personal information is collected, used, and shared when you visit or make a purchase from Mounteen.com (the “Store Website”). Under this Offer, the Principal allows the Agent to process their personal data. This consent is provided for an indefinite term. The Principal may revoke this consent by providing a respective written statement to the Agent.
Processing of personal data includes gathering, storage, actualization (updates, changes), use, transfer, deletion, and other activities (operations) performed on such personal data.
Personal data include any information related to the Principal as a subject to these personal data, including, but not limited to their last name, first name, date of birth, ZIP code, shipping address, billing address, email address, phone number, contact information, IP address, web browser, time zone, and certain cookies installed on a Principal’s device used for accessing the Store Website.
The Principal recognizes and acknowledges that, shall it become a necessity, the Agent has the right to provide their personal data to third parties with the purpose of providing the services under this Contract. Such third parties should also have the right to processing personal data as provided by this consent and in accordance with this Offer.
- The Agent may send informational and advertising messages to the Principal. By accepting this Offer, the Principal gives their consent to receive advertising messages, as set forth in Part 1, Article 18 of the Federal Law on Advertising of the Russian Federation. The Principal may opt out of receiving advertising messages by using respective methods and procedures of a service, by or in relation to which such advertising messages have been received by the Principal.
- By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency.