In accordance with Article 396 of the Civil Code of the Republic of Belarus, this Public Contract specifies the procedure of sale of the Goods (e-books) and the reciprocal rights, obligations, and procedural relationship between Individual Entrepreneur Elena Sergeevna Usnich, hereinafter referred to as the Seller, acting on the basis of Certificate of State Registration No. 791117319, issued on 28.05.2013 by the Administration of Pervomaysky district of Bobruisk, and anyone having the intention to order and purchase or who orders and purchases the Goods, hereinafter referred to as the Buyer, thus accepting the public offer for entering into this Agreement
In accordance with clause 1 of Article 403 and clause 3 of Article 408 of the Civil Code of the Republic of Belarus (hereinafter referred to as the CC of Belarus), acceptance of such an offer is equivalent to the fact of entering into the relevant agreement between the Seller and the Buyer under the conditions specified in this public offer.
1.1. The Offer is the Seller’s public offer posted on the website zimbaragoromi.com, addressed to any individual, to enter into a sales contract on the terms and conditions contained herein.
1.2. The Acceptance is a full and unconditional acceptance of the terms hereof by the Buyer.
1.3. The Seller is Individual Entrepreneur Elena Sergeevna Usnich (short name – IE E.S. Usnich), registered by the Administration of Pervomaysky district of Bobruisk under No. 791117319 on 28.05.2018 in the Unified State Register of Legal Entities and Individual Entrepreneurs, address of principal activity: Republic of Belarus, 213807 Bobruisk, Batova st. 25/19, apt. 90.
1.4. The Buyer is any individual who has sufficient legal capacity to complete the transaction and who intends to order and purchase or orders, purchases, and uses the Goods solely for personal, family, household, and other needs not related to any business activity whatsoever.
1.5. The Goods are e-books, the version of the book stored (saved) in electronic (digital) form in the Zimbara Goromi software.
1.6. The Website (Internet page) is an information resource posted by the Seller on the Internet at the link http://zimbaragoromi.com, containing a list of Goods sold through the Zimbara Goromi software.
1.7. The Zimbara Goromi software is software installed on the iOS- or Android-based Devices, enabling the Buyers to select, purchase, and use the Seller’s Goods.
1.8. The Devices are devices, gadgets, or other technical means functioning on the iOS or Android operating system.
1.9. iOS or Android Platforms are mobile operating systems for smartphones, tablets, portable players, and other devices.
1.10. The Parties are a joint indication of the Seller and the Buyer herein.
2.1. This public offer (hereinafter referred to as the Offer) is the Seller’s official offer to an indefinite group of individuals to enter into the contract of retail sale of e-books through the Zimbara Goromi software (hereinafter referred to as the Contract) on the terms indicated on the website and specified in the Offer.
2.2. The Contract is a contract of adhesion concluded by the Buyer’s adhesion to the terms of the Contract offered by the Seller, stated in the Offer and on the website, as a whole (without reservations or additions).
2.3. The terms of the Goods’ sale and the Contract entered into by the Seller and the Buyer are determined by the Seller. The Seller is entitled to unilaterally change the terms of the Offer, including the procedure and terms of payment for the Goods, as well as the prices for the Goods. All changes are communicated to the Buyer by their posting on the website and in the Offer.
2.4. The Buyers shall familiarize themselves with the terms of the Offer, product information on the website and/or in the Zimbara Goromi software, and the prices for it.
2.5. The legal relations between the Seller and the Buyer in connection with the Contract and its conclusion are regulated by the legislation of the Republic of Belarus, including provisions of the Civil Code of the Republic of Belarus, Law of the Republic of Belarus No.90-З of 09.01.2002 “On Protection of Consumer Rights”, trade legislation, including Law of the Republic of Belarus No. 128-З of 08.01.2014 “On State Regulation of Trade and Public Catering in the Republic of Belarus”, Rules for the Sale of Certain Types of Goods and Organization of Public Catering, approved by decision of the Council of Ministers No. 703 on 22.07.2014, acts on the sale of goods in retail trade by samples approved by the Council of Ministers of the Republic of Belarus under No. 31 on 15.01.2009.
3.1. Purchase and download of the Goods (e-books) shall be done by the Buyer exclusively through the Zimbara Goromi software installed on the devices.
3.2. To install and/or get access to the Zimbara Goromi software, the Buyer’s device needs to be connected to the world wide web (hereinafter – the Internet).
3.3. Purchase (download) of the Goods (e-book) in the Zimbara Goromi software can be made at any time, in case there is no malfunctioning of the Internet connection and/or the device itself.
3.4. To purchase (download) the Goods (e-books) in the Zimbara Goromi software, the Buyer shall create a personal account in the Zimbara Goromi software, and for this purpose register in the specified software.
3.5. Each Buyer has the right to have only one Personal Account. If a Buyer has more Personal Cabinets, the Seller is entitled to leave only one account on its own discretion and to block all the other Personal Accounts of the Buyer.
3.6. During the registration, the Buyers create a personal login (personal e-mail) and password for the purpose of their identification and purchase (download) of the Goods in the Zimbara Goromi software. All the consequences of the Buyers’ revealing their own personal login (information about their e-mail) and password to third parties are borne by the Buyer.
3.7. Information about the Goods, including their description and prices, is placed by the Seller in the Zimbara Goromi software.
3.8. The sale of the Goods (e-books) is made at the price specified in the Zimbara Goromi software and under the terms specified in the Offer.
3.9. The Acceptance of this Offer is proved by the Buyer’s payment for the Goods selected in the Zimbara Goromi software, which is tantamount to entering into the Contract under the conditions set forth in the Offer. The place of Contract’s conclusion is Bobruisk, Republic of Belarus.
4.1. After payment for the Goods, the Buyer gets access and the ability to download (by clicking the Download button) a selected e-book in the Zimbara Goromi software. The fact of the access provision and the ability to download an e-book indicates the transfer of the Goods to the Buyer by the Seller.
4.2. The use of the downloaded e-book is possible only via the Zimbara Goromi software, in case the device is connected to the Internet.
4.3. The Buyers can remove purchased e-books from the Zimbara Goromi software on their Personal Account; however, the Buyers still have access to the e-books they paid for, which enables them to subsequently install (download) such e-books their paid for an unlimited number of times.
5.1. Payment for the Goods (e-books) is made only via bank payment cards. The possible currencies of the card transactions are Belarusian Ruble, Russian Ruble, US Dollar, and Euro.
5.2. The payments and settlements via bank payment cards (acquiring services) are executed by the bank, on the basis of a contract concluded between the bank and the Seller.
5.3. Internet payments can be made by bank payment cards of such payment systems as Visa International, MasterCard WorldWide, BELKART in the Zimbara Goromi software.
5.4. When paying with a bank card, the Buyer passes the cardholder authentication using the Verified By Visa method and/or MasterCard SecureCode method and/or BELKART Internet Password; verification of CVV2/CVC2; indication of the validity period of the bank payment card to confirm that it has not expired and is within the limits established by the Bank for transactions.
5.5. The payment is made prior to provision of access and downloading of an e-book.
5.6. There is no fee for payment with a bank card (unless otherwise is stipulated in the contract concluded between the Buyer and the bank).
6.1. In accordance with the Law of the Republic of Belarus “On Protection of Consumer Rights”, a buyer has the right to exchange goods for a similar product of a different size, shape, size, style, color, or bundle within 14 days, making the necessary recalculation in case of a price difference (surcharge or refund of the difference to the Buyer). Exchange or return of the goods of proper quality is carried out on the condition that the goods were not in use, their consumer properties are preserved, and there is evidence of their acquisition from the Seller. In case of return of the goods of appropriate quality, the refund of the sum paid for the goods is done within 7 days.
6.2. Refund of the money paid for the Goods (e-book) is possible within fourteen (14) days from the date of payment, only if the book has not been downloaded (not opened, i.e. was not in use) by means of the Zimbara Goromi software installed on the Buyer’s device.
6.3. Refunds are made in accordance with the following procedure. Refund to the Buyers’ accounts is made on the basis of their e-mails sent to firstname.lastname@example.org with a note “Refund” in the Subject section. For a successful refund request, please provide the following information:
6.4. The money is transferred by the Seller within 7 calendar days from the receipt of the e-mail from the Buyer, provided that all the required information is indicated therein. The term of the money crediting to the Buyer’s account depends on the rules of the receiving bank.
6.5. The refund to the Buyer is carried out using the same method as the payment was made, unless otherwise stipulated by the agreement of the Parties.
7.1. For non-fulfillment or improper fulfillment of the terms of the Contract, the Parties bear responsibility in accordance with the legislation of the Republic of Belarus.
7.2. The Seller does not bear any responsibility for interruptions in the functioning of the device or the Internet connection caused by the poor quality of communication lines and channels provided by third parties.
8.1. To store information about the Buyer’s orders and conduct internal market research, the Buyers allow the Seller to collect, process, and store information about their personal data (including their first name, patronymic, last name, gender, biometric personal data, address, phone number, e-mail address).
8.2. The Seller undertakes to ensure the confidentiality of the information received from the Buyers regarding their personal data, payment method information (bank payment cards), and the Buyers’ orders in the manner prescribed by the current legislation of the Republic of Belarus.
8.3. By leaving their personal data, the Buyers thereby confirm their consent to receive e-mails and SMS messages containing information about news, promotions, special offers, etc. The Buyer has the right to unsubscribe from receiving such e-mails and SMS messages by notifying the Seller about it.