PUBLIC OFFER AGREEMENT
FOR THE SALE AND PURCHASE OF GOODS
DEFINITIONS
1.1 The terms and expressions used in this Agreement, as well as in the Annexes thereto, shall have the meanings set forth below, unless otherwise follows from the context of this Agreement.
1.2 “Offer” means an invitation addressed by the Seller to an indefinite circle of persons to make offers, in compliance with the requirements of Article 453 of the Civil Code of the Republic of Armenia.
1.3 “Agreement” means this agreement concluded between the Buyer and the Seller through the full and unconditional acceptance of the Offer by the Buyer, including the Annexes thereto, as well as any agreements, amendments, and supplements related thereto, containing the terms provided by the Offer and/or other terms established by the Seller regarding the sale and purchase of goods.
1.4 “Acceptance” means the full and unconditional acceptance by the Buyer of the Offer (including the prices offered for the goods) by performing the actions provided by the Offer. Acceptance may, in particular, be effected through:
completion and confirmation of the field “I have read and agree” upon registration on the website;
selection of goods and placement of an order;
payment of the relevant amount;
as well as any other actions that clearly indicate the Buyer’s agreement with the terms of the Offer.
1.5 “Seller” means “ASBC” Limited Liability Company, being the entity engaged in the sale of goods/products.
1.6 “Buyer” means a legal entity or an individual who, by accepting the terms of the Offer, concludes the Agreement with the Seller and purchases goods based on the price list/prices published on the website.
1.7 Website” means a set of web pages owned by the Seller and available on the Internet at https://www.ispace.am, with the main (home) page through which access to all web pages is provided, enabling users to review the available assortment of goods and the applicable sale prices.
The Website displays the goods offered by the Seller for purchase, as well as the available payment methods for such goods.
1.8 “Goods” means the assortment of goods owned by the Seller and presented on the Internet websites.
1.9 “Price” means a document and/or data unilaterally approved, amended, and supplemented by the Seller, established as the sale price of the goods owned by the Seller. The prices for the assortment of goods, as well as any subsequent changes, discounts, new prices, and promotions, are posted on the Website and are publicly available to its users. Each change in price is approved by a decision of the executive head of “ASBC” LLC.
1.10 “Order” means a request placed for the purpose of purchasing goods and arranging their delivery to the address specified by the Buyer.
1.11 “User” means a Buyer registered on the Website, based on whose data a corresponding Account is created, and who, after completing identification, is able to fully use and manage the Website. Upon registration and identification, based on the data provided by the Buyer and/or User, a username is assigned, through which, by using a created password, access to the Website and the User’s account is carried out.
1.12 “Identification” means the procedure for verifying the legitimacy of granting access to the Website to the Buyer and/or the User, carried out through electronic registration using the relevant username and password.
1.13 “Personal Data” means any information relating to individuals obtained as a result of using the Website, which allows or may allow direct or indirect identification of such individual. Such data is subject to processing by automated technical means, including collection, recording, systematization, storage, use, modification, restoration, transfer, blocking, or destruction.
In this Agreement, other terms may be used, the meanings of which are not defined in the “Definitions” section hereof, in which case such terms shall be interpreted in accordance with the content and essence of this Agreement.
GENERAL PROVISIONS
2․1․ This Public Offer agreement contains all essential terms for placing and registering orders by Buyers for the purpose of purchasing Goods.
2․2․ Pursuant to Part 2 of Article 453 of the Civil Code of the Republic of Armenia, upon acceptance of the terms of this Agreement and placement of Orders on the Website, any individual and/or legal entity shall be deemed to have accepted this Public Offer agreement and acquire the status of the Buyer, which is equivalent to concluding a contract on the terms set forth herein.
2․3․ When placing an order through the Website, the Buyer reviews the terms and conditions of sale of the Goods set forth below, as well as the sales policy, while the Seller confirms that the information available to the Buyer regarding the Goods is complete and accurate, including essential information about consumer goods.
2․4․ The validity period of the Offer is not limited, unless otherwise specified on the Website.
SUBJECT OF THE AGREEMENT
3.1. The subject of this Public Offer Agreement is the sale of Goods by the Seller to the Buyer under the terms of the Offer and at the prices indicated on the Website, as well as the performance by the Buyer of payment for such Goods and their proper acceptance.
3․2․ The Goods offered for sale, including their quantity, types, specifications, prices, as well as delivery terms, shall be determined by the Seller through publication on the Website, and their acceptance by the Buyer shall constitute acceptance of this Agreement.
3․3․ Within the framework of this Agreement, the Buyer shall acquire ownership rights to the purchased Goods from the moment of their receipt and full payment of the purchase price thereof.
3․4․ The Seller shall have the right to amend the delivery costs of the Goods and the terms of this Public Offer agreement without the consent of the Buyer, provided that the amended terms are duly published on the “iSpace” Website.
3.5. The Seller guarantees that the Goods offered for sale are free from any third‑party rights, have no defects, and comply with the requirements established by the legislation of the Republic of Armenia and/or applicable technical regulations.
ACCEPTANCE OF THE AGREEMENT (ACCEPTANCE)
4․1․ Pursuant to Clause 3.1 of this Public Offer agreement, the Offer shall be deemed accepted upon the performance of any of the following actions, including in combination:
- a) registration of a User on the Website;
- b) expression of consent to the terms of the Public Offer agreement and the Seller’s Privacy Policy;
- c) placement of an Order on the online platform of the Website and payment thereof.
4․2․ By providing their email address and telephone number, the User (the Buyer) confirms and gives their informed consent to the Seller, as well as to third parties engaged by the Seller, to communicate with the Buyer using the specified means of communication.
Such communication may include information regarding:
- the performance of the Seller’s obligations, including the delivery and transfer of the Order.
- the Seller’s advertising, informational, and marketing activities, including discounts, promotions, upcoming events, and other bundled offers.
DELIVERY OF THE GOODS
5․1․ Orders placed by the Buyer through submission of a request shall be delivered by the Seller in accordance with the procedure agreed in advance.
5․2․ The Seller shall ensure the quality and packaging of the Goods in compliance with the established rules and standards.
5․3․ From the moment the Buyer actually receives the Goods, all risks associated with the Goods, including the right of ownership, shall pass to the Buyer.
5․4․ The Seller undertakes to transfer the Goods to the Buyer using one of the delivery methods available within the Seller’s company, full information on which is available on the Website www.ispace.am.
5.5. The place of delivery of the Goods shall be specified by the Buyer when placing the Order in the relevant section of the Website.
5․6․ The Goods shall be delivered by a courier acting on behalf of the Seller directly to the Buyer and/or to a person authorized to receive the Goods on behalf of the Buyer in the Buyer’s absence.
5․7․ The necessary information regarding the Goods shall be provided to the Buyer in the technical documentation accompanying the Goods, on product labels, through marking, or by other means generally accepted for the respective type of Goods.
5․8․ The possibility and procedure for the return and exchange of the Goods, as well as the refund of the paid amount, are governed by the terms set out in the “Returns and Refunds” section of the Website www.ispace.am.
PRICE OF THE GOODS AND PAYMENT TERMS
6․1․ The sale price of the Goods shall be determined by the Seller and published on the Website.
6․2․ After placing the respective Order request, the User shall be obliged to make the corresponding payment for the Goods by selecting one of the available payment methods offered.
6․3․ The Buyer shall bear responsibility for and undertakes to ensure the accuracy of the payment details.
6․4․ The Seller shall provide information regarding the delivery cost of the Goods in the manner published in the relevant section of the Website www.ispace.am or shall communicate such information directly to the Buyer during the order placement process via telephone or electronic communication by an operator.
The Buyer’s payment obligation shall be deemed fulfilled at the moment when the full amount payable (100%) is credited to the bank account of the Seller.
All payment transactions between the Buyer and the Seller shall be carried out in accordance with the procedure set out in the “Payment” section of the Website www.ispace.am.
6․5․ If the Buyer fails to make payment within 1 (one) business day from the moment of placing the Order, such Order shall be subject to cancellation by the Seller.
ORDER PLACEMENT
7.1 The Buyer’s order for the Goods may be placed via a telephone call or by accessing the relevant section of the Seller’s Website. When registering on the Website, the Buyer shall be obliged to provide the following registration details, including in cases where the Order is placed by telephone:
7.1.1 the surname, first name, and patronymic of the Buyer or of the recipient designated by the Buyer;
7.1.2 the delivery address;
7.1.3 the email address;
7.1.4 the contact telephone number.
7․2․ Information regarding the Goods selected by the Buyer, including the name of the Goods, quantity, assortment, product code (SKU/article number), total cost, as well as the delivery cost (which depends on the delivery location - administrative unit or region), shall be displayed in the Buyer’s cart in the corresponding section of the User profile.
7․3․ If the absence of the data necessary for delivery may hinder the proper delivery of the Order, the Seller may request additional information from the Buyer in writing (via email or message). If the Buyer fails to provide the requested information, the Seller shall not be liable solely for any issues directly caused by the absence of such data.
7․4․ The Seller shall have the right to refuse to execute an Order if the data provided by the Buyer does not comply with the requirements of this Agreement or does not allow for proper delivery to be carried out.
7․5․ When placing an Order via the Website, the Buyer completes the relevant electronic order form and submits it to the Seller by clicking the “Checkout” button, which shall be deemed the moment of acceptance and conclusion of the Public Offer agreement.
7․6․ After the performance of the actions provided for in Clause 7.5 of this Agreement, the Seller shall contact the Buyer to clarify the essential terms of the Order and the conditions established herein; and in cases where the Goods are unavailable or not available in the required quantity, the Seller shall notify the Buyer accordingly for the purpose of continuing or cancelling the Order.
RETURN AND REFUND OF THE GOODS
8․1. Conditions for the return of the Goods:
8․1․1․ The Buyer shall have the right to refuse the purchased Goods and return them to the Seller, receiving a refund in accordance with the procedure established by law.
8.1.2. The return may be carried out only if the Goods are unused, retain their commercial appearance, and are returned in their original packaging with labels and accompanying documentation preserved.
8․2․ Time limits for the return of the Goods:
8․2․1․ The Buyer shall have the right to return the Goods within 14 (fourteen) calendar days from the moment of receipt thereof, except in cases provided for by the legislation of the Republic of Armenia where the Goods are not subject to return; and in the event of detecting manufacturing or quality defects within the specified period, the Buyer shall immediately notify the Seller.
8․3. Procedure for refund:
8․3․1․ The Seller shall be obliged to refund the amount paid by the Buyer for the returned Goods no later than 14 (fourteen) business days from the moment of receipt of the returned Goods and confirmation of their compliance with the above‑mentioned conditions.
8․3․2․ The refund shall be made using the same payment method by which the Buyer made the payment, unless otherwise agreed in advance by the Parties.
8․3․3․ All transportation and other related expenses arising in connection with the return or replacement of the Goods shall be borne by the Buyer, except in cases where the reason for the return is a defect or quality deficiency caused by the Seller.
8․3․4․ In cases where, after placing the Order and making payment, it becomes apparent that the Goods cannot be supplied (including due to exhaustion of stock, impossibility of delivery, or other objective reasons), the amount paid by the Buyer shall be subject to refund to the Buyer no later than 14 (fourteen) business days.
8․4․ The Seller shall have the right to refuse a request for return or refund of the Goods if such return does not comply with the conditions established by the legislation and this Agreement, including, but not limited to, cases where the Goods have lost their commercial appearance, have been used, have been damaged by the Buyer, or where the Buyer has failed to provide the necessary and complete documents or evidence required for the return.
RIGHTS AND OBLIGATIONS OF THE PARTIES
9․1․ The Seller shall have the right to:
9․1․1․ the online platform, determining the product assortment, prices, payment methods, delivery terms, and other sales conditions at its own discretion, and to amend such conditions without prior notice.
9․1․2․ Refuse to accept or cancel an Order if the Buyer has provided incorrect or false information, violated the terms of the Offer, in cases of technical issues, or if the payment has not been confirmed in accordance with the established procedure and time limits.
9․1․3․ Introduce or discontinue special offers, discounts, and promotional campaigns in accordance with its internal policy without additional notice, provided that such changes do not affect already formed obligations.
9․1․4․ Establish the schedule for processing Orders, delivery, and execution of payments, as well as to amend such timeframes in case of technical, organizational, or emergency circumstances, undertaking to notify the Buyer of such changes in advance and in a timely manner.
9․1․5․ Engage third parties in the provision of services provided for under this Agreement, while remaining fully responsible to the Buyer for the quality of services rendered and the performance of contractual obligations.
9․1․6․ Request and obtain from the Buyer the necessary clarifications and additional information in connection with issues arising during the term of this Agreement for the proper performance thereof.
9․1․7․ Refuse the delivery and transfer of the ordered Goods to the Buyer and unilaterally terminate the Agreement in cases where the Buyer fails to fulfill their obligations, including, but not limited to, the obligation to make payment for the Order.
9․1․8․ Monitor and analyze the Website usage conditions and statistics, including Buyer activity, for the purpose of improving service quality and optimizing the offers made for Goods.
9․1․9․ Create, use, and publicly distribute content developed as a result of its own creative efforts, including photographs of Goods, descriptions, technical specifications, and related information, and to establish rules for the use thereof. Any full or partial copying, reproduction, distribution, publication, use, or modification of such content by the Buyer or any third party without the Seller’s prior written consent is prohibited and may result in legal liability in accordance with the legislation of the Republic of Armenia on copyright and related rights protection.
9․2․ The Seller shall be obliged to:
9․2․1․ Ensure the timely and proper execution of the Order duly placed by the Buyer in accordance with the product description, price, and terms provided.
9․2․2․ Provide accurate, complete, and clear information regarding the Goods offered for sale, including their characteristics, prices, delivery terms, and available payment methods.
9․2․3․ In the event of failure to execute the Order (including, but not limited to, due to the absence of the Goods in stock), the Seller shall promptly notify the Buyer and propose an alternative option, refund, or another solution as agreed by the Parties.
9․3․ The Buyer shall have the right to:
9․3․1․ Receive complete, accurate, and accessible information regarding the operation of the Website, as well as the Goods offered for sale, including their descriptions, technical specifications, and other related details.
9․3․2․ Submit to the Seller opinions, proposals, complaints, or recommendations related to the quality of services and the terms of the Offer.
9․3․3․ Receive the ordered Goods within the established timeframes, in accordance with the prescribed procedure and in proper condition, in compliance with the terms of this Offer.
9․3․4․ Monitor the performance of the Agreement without hindering or interfering with the Seller’s activities.
9․4․ The Buyer shall
9․4․1․ Make timely and full payment for the ordered Goods in accordance with the indicated price of the Goods, delivery service fees, and any other applicable additional charges as provided for by this Offer and the conditions established by the Seller.
9․4․2․ Provide accurate, complete, and up‑to‑date information, including first name, surname, patronymic, address, telephone number, email address, as well as delivery and payment details, for the purposes of ensuring effective communication and the proper provision of services and delivery of the Goods.
9․4․3․ Cooperate with the Seller within the framework of this Agreement and, where necessary, provide additional clarifications or documents required for the processing of the Order, confirmation of payment, or ensuring the delivery process.
9․4․4․ Refrain from performing any actions that may cause damage to the Seller’s systems, the operation of the Website, or disrupt the ability of other Buyers to exercise their rights, including, but not limited to, placing fraudulent orders, misuse of payment systems, unauthorized technical interference, or unlawful use of the Website content.
9․4․5․ Comply with all provisions and requirements of this Public Offer agreement, as well as adhere to the requirements of the legislation of the Republic of Armenia in the process of making online purchases.
9․4․6․ Upon receipt of the Goods, verify their compliance with the Order and, in case of any objections, notify the Seller immediately, but no later than within 14 (fourteen) days, for the purpose of exercising the right to return or exchange the Goods.
9․4․7․ Comply with the rules established by the Seller regarding the use, storage, or return of the Goods purchased by Order, which are available to and communicated in advance to the Buyer (published in the relevant sections of the Website).
LIABILITY OF THE PARTIES
10․1․ The Seller shall not be liable for any damages incurred by the Buyer or by third parties engaged by the Buyer, if such damages arise from non‑performance or improper performance of contractual obligations caused by the action or omission of the Buyer, including, but not limited to, violation or failure to comply with the lawful requirements of the Online Store.
10․2․ By entering into this Agreement, the Buyer confirms that they have read and agreed to all terms and conditions of this Public Offer agreement, fully understanding their legal consequences.
The Buyer further confirms that they shall not have the right to claim any compensation for material or non‑material damages from the Seller, except in cases where such liability is expressly provided for by this Offer, the Seller’s Privacy Policy, or the applicable laws of the Republic of Armenia governing these legal relations.
10․3․ The Seller’s total liability within the scope of each individual Order shall be limited to an amount not exceeding the value of such Order.
The Seller shall be released from liability if the non‑performance or delay in the performance of contractual obligations is caused by force majeure circumstances, including, but not limited to, decisions of state authorities, acts of war, states of emergency, natural disasters (including fire, earthquake, flood), civil unrest, epidemics, serious failures of technical systems, interruptions of power supply or internet connection, employee strikes, and other objective circumstances that hinder the proper performance of the Agreement and are beyond the direct or indirect control of the Seller.
PRIVACY POLICY
11․1․ The collection and processing of the User’s/Buyer’s personal data shall be carried out in accordance with the Law of the Republic of Armenia “On Personal Data Protection”, as well as the provisions of this Public Offer agreement and the Seller’s Privacy Policy.
The User shall bear full responsibility for the accuracy of the data provided and for any negative consequences arising from the use of such data by third parties, regardless of whether such actions were carried out with or without the User’s intent.
11․2․ The Seller shall have the right to process the data provided by the User/Buyer for any of the following purposes: acceptance of Orders and organization of delivery, performance of contractual obligations, promotion of goods or services, sending marketing communications, evaluation of user satisfaction and quality of service, organization of contests, promotions, or other activities aimed at increasing sales.
11․3․ Processing of Personal Data includes the following actions: collection, recording, systematization, storage, clarification (updating), use, transfer (including cross‑border transfer), depersonalization, blocking, deletion, and destruction, carried out by automated or non‑automated means.
The transfer of data may be carried out to third parties exclusively for the purpose of performing contractual obligations (for example, within the framework of cooperation with delivery services or payment systems).
11․4․ The Seller shall have the right, with the consent of the User/Buyer, to send informational or advertising communications via the User’s/Buyer’s email or mobile phone.
The Buyer may at any time opt out of receiving such communications by submitting a corresponding request to the Seller’s email address.
The Seller may send automated service messages (for example, order confirmation, delivery status updates, etc.), from which the Buyer shall not have the option to opt out.
11․5․ Withdrawal of consent to the processing of Personal Data shall be deemed as non‑acceptance of the Public Offer agreement.
11․6․ The Seller may use “cookie” technology for the purposes of improving the efficiency of the Website, analyzing visit statistics, and for marketing purposes. Cookies do not contain confidential information.
By using the Website, the User consents to the use of cookies and the processing of data, including with the involvement of third parties.
The Seller may obtain the IP address of a Website visitor; however, such information shall not be used for the purpose of identifying the individual.
11․7․ The Seller may record telephone conversations with the User/Buyer for the purposes of monitoring service quality and resolving disputes. The confidentiality of the recorded data is guaranteed, and such data shall not be transferred to third parties without an appropriate legal basis.
The Buyer shall be automatically informed about the recording of the telephone call prior to establishing communication with a representative.
11․8․ The Seller shall not be liable for any data that the User has made publicly available on the Website.
DISPUTE RESOLUTION
12․1. All disputes arising between the Parties in connection with the use of the Website by the User and the sale and purchase of Goods shall be resolved through negotiations.
Negotiations shall be conducted on a pre‑claim basis by sending a written claim/notice regarding the alleged breach of the Agreement by the Party invoking such breach to the Party that has allegedly committed the breach.
12․2․ In the event that no response is received to the pre‑claim within 15 (fifteen) business days from the date of receipt thereof, or if the claim is rejected, the dispute shall be submitted to the competent court of general jurisdiction of the Republic of Armenia.
The dispute shall be resolved in accordance with the terms set forth in this Agreement and the substantive law of the Republic of Armenia.
BUYER REPRESENTATIONS
13․1․ From the moment of acceptance of this Agreement, the Buyer declares and confirms that they have fully familiarized themselves with the terms and conditions of this Public Offer agreement and accept them without reservation; that the nature and scope of the services offered by the Seller and all legal relations provided for under the Agreement are clear to them; that the legal consequences of their actions are understood; and that they possess the legal capacity and authority necessary to enter into this Agreement and to perform legal actions within its framework.
MISCELLANEOUS PROVISIONS
14․1․ Buyers may use the services provided for under this Agreement not only through the Website, but also by contacting the Seller’s customer service centers and retail stores, information about which, including addresses, telephone numbers, and other details, is published on the Website.
Legal relations arising from such forms of communication shall be governed by all provisions of this Public Offer agreement.
14․2․ All notices under this Agreement shall be deemed duly given if made in writing in Armenian and sent to the addresses specified in the Agreement (for the Seller - to the Company’s registered address as indicated in this Offer or on the Website; for the Buyer - to the delivery address provided during registration or at the time of placing the Order) by postal delivery (with acknowledgment of receipt), by hand delivery, as well as via any means of telecommunication specified in the Agreement (including sending to email addresses and/or through other electronic communication channels, software and application platforms, including messages, mobile applications, etc.).
Notifications between the Parties may also be carried out via short text messages (SMS) sent to the mobile phone number provided during registration or Order placement, using technical means that ensure the authenticity of such messages.
14․3․ Failure by either Party to exercise, or delay in exercising, any right, claim, or authority provided for under this Public Offer agreement or the Agreement concluded on its basis shall not be deemed a waiver of such right, claim, or authority and shall not preclude the other Party, in the event of a breach of the terms, from exercising the same or similar rights and claims.
Any payment obligation arising from the Agreement may not be discharged by set‑from another obligation without the additional mutual agreement of the Parties.
14․4․ This Agreement constitutes the entire agreement between the Seller and the prospective Buyer. The Seller shall not assume any additional terms or obligations with respect to the subject matter of this Offer unless such terms are set out in writing and signed by an authorized representative of the Seller and the Buyer.
SELLER DETAILS
“ASBC” LLC
State registration number: 286.110.1192390
Tax identification number (TIN): 02845628
Registered address: Republic of Armenia, Yerevan, 0015, Kentron, Nalbandyan str., building 106/1, premises 93
Email: [email protected]
Website: https://www.ispace.am
Contact phone number: +37498099044
