Public offer

Basic concepts
  • Website Visitor - a person who came to the site without the purpose of placing an order.

  • User - an individual visitor to the Site, accepting the terms of this agreement and wishing to place orders in the online store.

  • Buyer - The user who placed the order in the online store.

  • Seller - Biomedical Devices LLC (Legal address: 124460, Moscow, Zelenograd, passage 4922, 4, bld. 2; tel: (499) 346-72-71; email: bmd@biomedd.ru )

  • Online store - an Internet site owned by MKS LLC, located on the Internet at https://mcscap.com, where the goods are presented, as well as the terms of payment and delivery of the goods to buyers.

  • Website - https://mcscap.com.

  • Goods - an object of agreement of the parties, a list of assortment names presented in the official online store.

  • Order - a duly executed buyer's request for the purchase and delivery to the address indicated by the buyer / by means of pickup of the goods selected on the Site.

1. General Provisions
  • The seller sells the Goods through the online store at http: //mcscap.com

  • When ordering Goods through the online store, the User agrees to the conditions for the sale of Goods set forth below. In case of disagreement, the User is obliged to immediately stop using the service and leave the site.

  • These Conditions of sale of goods, as well as information about the Goods presented on the Site, are a public offer in accordance with Article 435 and Clause 2 of Article 437 of the Civil Code of the Russian Federation.

  • The agreement may be amended unilaterally by the Seller without notifying the User / Buyer. The new version of the Agreement shall enter into force after 10 (Ten) calendar days from the date of its publication on the Site, unless otherwise provided by the terms of this Agreement.

  • A public offer is recognized as accepted by the Site Visitor / Buyer from the moment the Visitor registers on the Site, the Buyer places the Order without authorization on the Site, and also from the moment the Buyer accepts the Order by phone +7 499 404-31-41. The retail sale contract is considered concluded from the moment the Seller issues to the Buyer a cash or sales receipt or other document confirming payment for the goods. By informing the Seller of his e-mail and phone number, the Site Visitor / User / Buyer agrees to the use of the specified means of communication by the Seller, as well as by third parties attracted by him for the purpose of fulfilling obligations to Site Visitors / Users / Buyers, in order to carry out newsletters containing information on the transfer of the order to delivery, as well as other information directly related to the fulfillment of obligations by the Buyer in the framework of this Public Offer.

  • Carrying out the Order, the User / Buyer agrees that the Seller may entrust the execution of the Agreement to a third party, while remaining responsible for its execution.

2. Subject of agreement
  • The subject of this Agreement is to provide the User with the opportunity to purchase the Products presented in the catalog of the Online store.
  • This Agreement applies to all types of Goods and services presented on the Site, while such proposals with a description are present in the catalog of the Online store.
3. Goods and purchase order
  • The seller ensures the availability in his warehouse of the Goods presented on the Site. The photographs accompanying the Product are simple illustrations to it and may differ from the actual appearance of the Product. The descriptions / specifications that accompany the Product do not claim to be exhaustive and may contain typos. To clarify information on the Goods, the Buyer must contact the Seller by phone call to the hotline or by mail.

  • In the absence of the Goods ordered by the Buyer at the Seller’s warehouse, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer’s order by notifying the Buyer by sending an appropriate electronic message to the address indicated by the Buyer during registration (or by operator’s call).

  • In case of cancellation of a fully or partially prepaid Order, the price of the canceled Goods is returned by the Seller to the Buyer in the way the Goods were paid.

  • The Buyer's order is executed in accordance with the procedures specified on the Site in the "How to Order" section at https://mcscap.com/how-to-order/.

  • The Buyer is solely responsible for providing incorrect information, which entailed the impossibility of the Seller to properly fulfill its obligations to the Buyer.

  • After placing the Order on the Site, the Buyer is provided with information about the estimated delivery date by sending an electronic message to the address provided by the Buyer during registration, or by phone. The manager serving this Order clarifies the details of the Order, agrees on the delivery date, which depends on the availability of the ordered Goods in the Seller’s warehouse and the time required for processing and delivery of the Order.

  • The expected date of transfer of the Order to the Delivery Service is communicated to the Buyer by the manager serving the Order, by e-mail or during a control call to the Buyer. The date of transfer of the Goods may be unilaterally changed by the Seller if there are objective reasons.

4. Order Delivery
  • The methods, as well as approximate delivery times for the Goods sold by the Seller, are indicated on the Website in the "Delivery Methods" section at https://mcscap.com/how-to-order/. Specific delivery dates can be agreed by the Buyer with the manager when confirming the order.

  • Delays in delivery are possible due to unforeseen circumstances that did not occur through the fault of the Seller.

  • Upon delivery, the Order is handed over to the Buyer or to a third party specified in the Order as the recipient (hereinafter the Buyer and the third party are referred to as the “Recipient”). If it is not possible to receive the paid Order by the above persons, the Order may be handed to a person who can provide information about the Order (dispatch number and / or name of the Recipient).

  • In order to avoid cases of fraud, as well as to fulfill the obligations specified in clause 4. of this Agreement, upon delivery of the prepaid Order, the person delivering the Order has the right to request an identity document of the Recipient, as well as indicate the type and number of the document provided by the Recipient Receipts for the Order.

  • The risk of accidental loss or accidental damage to the Goods passes to the Buyer from the moment of transfer of the Order to him and the Recipient affixing the Order with a signature in the documents confirming the delivery of the Order. In case of non-delivery of the Order, the Seller shall reimburse the Buyer for the cost of the Order prepaid by the Buyer and delivery in full after receiving confirmation of the loss of the Order from the Delivery Service.

  • The delivery cost of each Order is calculated individually, based on the weight of the Goods, region and delivery method, as well as (if necessary) the form of payment, and is indicated on the Site at the last stage of placing the Order.

  • The Seller’s obligation to transfer the goods to the Buyer is considered fulfilled at the time the courier delivers the Goods to the Recipient or the Goods are received by the Recipient at the post office or at a predetermined place for the delivery of the Order (including at the pick-up point). Upon receipt of the Order at the post office, the Recipient must inspect the delivered Goods and open it in the presence of Post workers to check the Goods for compliance with the declared quantity, assortment and completeness of the Goods, as well as check the service life of the delivered Goods and the integrity of the packaging. If there are claims to the delivered Goods (shortage, investment of the Goods other than the items indicated in the inventory, production defects, other claims), an order on the revealed inconsistencies is drawn up at the direction of the Recipient by employees of the Post. If the Recipient has not made a claim in the above manner, the Seller shall be deemed to have fully and duly fulfilled his obligation to transfer the Goods. In the event of the return of the Goods delivered via the Post in connection with the existence of claims against the Goods, the Recipient must attach the following documents to the Shipment containing the returned Goods: application for a refund; copy of the act of identified non-compliance.

  • When accepting the Order from the courier, the Recipient is obliged to inspect the delivered Goods and check for compliance with the declared quantity, assortment and completeness of the Goods, as well as check the service life of the delivered Goods and the integrity of the package. In the absence of claims to the delivered Goods, the Recipient signs in the “Order Delivery Form” or other similar document provided by the courier. The signature in the delivery documents indicates that no claims have been made by the Recipient to the Goods and the Seller has fully and properly fulfilled its obligation to transfer the Goods.

  • The goods presented on the Site, in terms of quality and packaging, comply with GOST and TU, which is confirmed by relevant documents (certificates, etc.).

  • You can clarify the date, time and, if necessary, the delivery route, with the manager who contacts the Buyer to confirm the Order.

  • The User understands and agrees that: delivery is a separate service that is not an integral part of the Goods purchased by the Buyer, the execution of which ends when the Goods are received by the Recipient. Claims for the quality of the purchased Goods arising after receipt and payment of the Goods are considered in accordance with the Law of the Russian Federation “On Protection of Consumer Rights” and the warranty obligations of the respective Seller. In this regard, the purchase of the Goods with delivery does not give the Buyer the right to demand delivery of the purchased Goods for warranty service or replacement, does not make it possible to carry out warranty service or replace the Goods by visiting the Buyer and does not imply the possibility of returning the cost of delivery of the Goods in cases where the Buyer has the right to a refund for the Goods as such, in accordance with the Law of the Russian Federation "On Protection of Consumer Rights".

5. Payment for goods
  • The price of the goods sold in the online store is indicated in rubles of the Russian Federation and includes value added tax.
  • The price of the goods is indicated on the Site. If the price of the Goods ordered by the Buyer is incorrectly indicated, the Seller informs the Buyer about this to confirm the Order at the corrected price or to cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled. If the Order has been paid, the Seller returns to the Buyer the amount paid for the Order in the same way that it was paid.
  • The price of the Goods on the Site may be changed by the Seller unilaterally. At the same time, the price of the Goods ordered by the Buyer is not subject to change. The price of the Product may vary by region.
  • Features of payment for goods using bank cards:
    • In accordance with the regulation of the Central Bank of the Russian Federation “On the issue of bank cards and on transactions performed using payment cards” dated December 24, 2004, No. 266-P, bank card operations are performed by the card holder or by an authorized person.
    • Bank card transactions are authorized by the bank. If the bank has reason to believe that the operation is fraudulent, the bank is entitled to refuse to carry out this operation. Bank card fraudulent transactions fall under the scope of Article 159 of the Criminal Code of the Russian Federation.
    • In order to avoid cases of various kinds of unlawful use of bank cards when paying, all Orders placed on the Site and prepaid with a bank card are checked by the Seller. In order to verify the identity of the owner and his eligibility to use the card, the Seller has the right to demand from the Buyer who placed such an order to present an identity document.
  • The seller is entitled to provide discounts on the Goods. The types of discounts are determined by the Sellers independently and can be changed by the Seller unilaterally.
  • Upon delivery of goods by the Seller, the total cost of goods shall be increased by the cost of delivery in the amount indicated at the time of placing the order.
  • An order is considered incomplete if the Buyer has informed of a change in the purchase decision before the start of assembly of the order in the warehouse. If the Buyer informed the Seller about this after the moment the assembly of the order began at the warehouse, then such an Order shall be considered rejected.
6. Responsibility
  • The Seller is not liable for damage caused to the Buyer due to improper use of the Goods purchased in the online store.
  • The seller is not responsible for the content and operation of external sites.
7. Validity of the Public Offer
  • This Public Offer comes into force from the moment of its acceptance by the Site Visitor / Buyer, and is valid until the withdrawal of the acceptance of the Public Offer.

8. Additional terms
  • The seller has the right to assign or in any other way transfer his rights and obligations arising from his relationship with the Buyer to third parties.

  • The online store and the services provided may be temporarily partially or completely unavailable due to preventive or other work or for any other technical reasons. The Seller has the right to periodically carry out the necessary preventive or other work with or without prior notice to Buyers.

  • The relations between the User / Buyer and the Seller are subject to the provisions of Russian law.

  • In case of questions and complaints from the User / Buyer, he must contact the Seller by phone or other accessible means. The parties will try to resolve all disputes arising through negotiations, if the agreement is not reached, the dispute will be referred to the judicial authority in accordance with the current legislation of the Russian Federation.

  • The recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.