Contract with the purchaser
PUBLIC OFFER for the conclusion of a service contract
(for goods buyers)
Moscow
"01. April 2023
1. GENERAL PROVISIONS
1.1. This public offer (hereinafter referred to as the "offer") is a formal offer of IE Sazonov Igor Alekseyevich, hereinafter referred to as the "Offeror" to provide services to capable individuals who accept (have accepted) this offer, hereinafter referred to as "User" ("Buyer", "Artist"), on the following terms.
1.2 In accordance with p. 2 art. 437 of the Civil Code this document is a public offer and in case of acceptance of the Offeror's conditions stated below, a person who accepts this offer shall become a User. According to p. 3 art. 438 of the RF Civil Code acceptance of an offer is tantamount to concluding a contract on terms and conditions set forth in the offer. What is stated in this offer shall be unconditionally accepted by the parties.
1.3 The Offeror and User shall mutually guarantee their rights and legal capacity necessary for the conclusion and execution of this document.
2. DEFINITIONS AND TERMS
2.1 The following terms shall have the following meaning:
"Public offer (offer)" - an offer to conclude an Agreement on the terms and conditions set forth in this offer with anyone who performs actions recognized as acceptance of the offer (acceptance of an offer to conclude an Agreement).
"Acceptance of offer" - full and unconditional acceptance of the terms of this offer by the User by performing actions specified in this offer.
"Application" - the Buyer's request for the purchase and subsequent shipment (transfer) of Goods by the Artist to the address specified by the Buyer, accepted and duly executed by means of the software.
"GM Art Website" - the website located at the network address https://paintingsandprints.ru/ and administered by the Offeror through which the Services are provided.
"User" means a visitor to the Site who wishes to receive and/or receive the Offeror's Services through the Site and who wishes to purchase the Artist/Collector's Goods. Users are Buyers and Artists/Collectors.
"Buyer" means a User purchasing Goods from an Artist/Collector through the Site.
"Artist/Collector" - a User who sells Goods addressed to Buyers on the Site and is responsible for their quality.
"Services" - for the purposes of this Offer, free information and intermediary services provided by the Offeror to the Buyer via the Site.
"Goods" - Artworks created by Artists or owned by Collectors sold by them through the Site.
3. ITEM OF THE OFFER
3.1 The Offeror, through the Site, provides the Buyer intermediary information services in the manner and subject to the terms of this Offer.
3.2 The Artist/Collector undertakes to deliver the Goods to the Buyer in accordance with the Application, processed by the Offeror, using the delivery service offered by the Offeror, and the Buyer undertakes to accept and pay for the Goods in the order of 100% advance payment.
3.3 The Offeror shall under no circumstances be materially or otherwise liable to the Buyer for actions and/or omissions of the Artist/Collector, including if the Goods were not delivered to the Buyer to fulfill the Buyer's Application or were delivered later than the time specified by the Buyer; in case circumstances were present during delivery of Goods which resulted or could result in material and/or other damage to the Buyer and/or his property.
3.4 All claims related to the terms of delivery of the Goods and, their return/exchange, quality, quantity and other characteristics shall be resolved between the Buyer and the Artist. At the same time the Artist undertakes to take all necessary legal measures to resolve the dispute with the Buyer properly (including to prevent violation of the Offeror's reputation).
3.5 The Buyer's full and unconditional acceptance of this offer shall be the fact of the Buyer's registration and/or purchase of the Goods presented on the Website by the Artist/Collector (registration of an Application). A Buyer who has completed an Application for the purchase of Goods shall be considered as a person who has entered into a relationship with the Offeror on the terms and conditions of the Offer.
3.6. The Offeror reserves the right to make changes in this document, in connection with which the Buyer undertakes to regularly monitor changes in the Offer, posted at: https://paintingsandprints.ru/ru/page/3-yuridicheskaya-informaciya-.
3.7 The Buyer's failure to familiarize himself with the Offer does not exclude him from responsibility.
3.8 The prices for the Goods are determined by the Artists unilaterally, are indicated on the pages of the Website and are available for review by the Buyers. The Price of the Goods shall be specified in rubles of the Russian Federation.
3.9 The contractual relations between the Offeror and the Buyer are considered to be duly executed from the moment of acceptance of the Offer and do not require bilateral signing in writing.
3.10. Regardless of the fact of User's registration or authorization on the Website, using the Website, including viewing the information, posted on the Website, means User's consent to this Offer.
3.11. By sending the Offeror his e-mail and phone number, the Buyer gives his consent to the use of the aforementioned means of communication by the Offeror and the Artist/Collector, as well as by third parties, engaged by them for the purposes of fulfilling obligations to the Buyers, for the purpose of sending advertising and information messages, containing information about discounts, upcoming and current promotions and other Artist/Collector events, about sending an application for delivery to the Buyer, and other information directly connected with the performance of the Artist/Collector.
3.12. The use of the materials and functions of the Website is regulated by the norms of the current legislation of the Russian Federation.
3.13. Any unauthorized use of this Website, the information and other materials posted on it, is prohibited.
4. ORDER OF GOODS PURCHASE AND SALE
4.1 The Buyer shall register on the GM Art website at https://paintingsandprints.ru/. The Buyer's registration on the Site confirms its desire to receive the Offeror's information services.
4.2 The Offeror shall not be liable for the accuracy and correctness of the information provided by the Buyer during registration.
4.3 The Buyer, who has registered on the Site, receives individual identification by providing a login (phone number, e-mail) and a password. The Buyer's individual identification allows avoiding unauthorized actions of third parties on behalf of the Buyer. At the same time, the Offeror shall be released from any responsibility in case the Buyer transfers the identification data to third parties.
4.4 The Artist/Collector shall independently post information about the value of the Goods for which he/she wishes to sell the Goods to a potential Buyer. The information is placed on the Website according to the form and rules approved by the Offeror. The Offeror is not responsible for the accuracy of the data indicated by the Artist/Collector when placing an order for the Goods.
4.5 The Buyer gets acquainted with the types of Goods placed by Artists/Collectors on the Website.
4.6 The cost of the Goods includes the cost of delivery of the Goods to the Buyer.
4.7 If the Artist/Collector sells a digital copy of its original Goods on the Website, the Buyer has the right to buy this copy at the prices set by the Offeror.
4.8 The Artist/Collector when registering on the Website guarantees full right and authority to conclude and execute the Contract by accepting this Offer.
4.9 The information about the Goods, placed on the Website, is indicated solely on the basis of the data provided by the Artist/Collector. The Offeror is not responsible for the accuracy of the information provided by the Artist in the description of the Goods, their quality and authenticity.
4.10. Information about the cost of the Goods includes, among other things, discounts on the Goods (Offeror's holding of promotions, birthday parties, etc.). The said discounts are reflected by the Offeror on the Website, the Artist/Collector fully agrees with them. At the same time the Artist/Collector is entitled to declare on the Website his/her own discounts for the Goods, previously agreed with the Offeror.
4.11. The Buyer buys the Goods by any available methods posted on the Website.
4.12. The choice and use of the method of payment for the Goods shall be made by the Buyer at its own discretion and without any responsibility of the Offeror. Safety, confidentiality, as well as other conditions of using the payment methods chosen by the Buyer are beyond the scope of the Agreement and are regulated by the agreements between the Buyer and the relevant organizations.
4.13. After the Buyer's purchase of the Goods, the Artist/Collector undertakes to send them to the Buyer by the method they have agreed upon.
4.14. The Painter/Collector shall proceed to delivery of the Goods to the Buyer within the time agreed with the Buyer and shall do so in a proper professional manner in compliance with the deadlines, interests of the Buyer and requirements of the current legislation of the Russian Federation.
4.15. In the event that the Artist/Collector fails to comply with the stated delivery deadlines, as a result of which the fulfilment of the Buyer's Order is delayed, the Artist/Collector shall notify the Buyer accordingly. The decision to wait for or cancel the specified Goods from the Buyer's Order shall be made by the Buyer.
4.16. The Offeror's services shall be deemed fully rendered to the Buyer from the moment the Buyer pays for the Artist/Collector's Goods.
4.17. The Buyer agrees that the Offeror is not responsible for the actions of the Artist/Collector and cannot influence the speed of delivery, including that of third parties.
4.18. Title to the Goods shall pass to the Buyer from the time of actual delivery of the Goods to the Buyer on payment of the Goods 100% in advance. The risk of accidental loss or damage to the Goods passes to the Buyer from the moment of actual delivery of the Goods to the Buyer.
4.19. The Buyer and the Artist/Collector undertake to regulate all matters relating to the conditions of return and exchange of the Goods solely between themselves. In the event of a return/exchange, the cost of delivery of the Goods shall be at the Buyer's expense.
5. REGISTRATION
5.1 The Buyer who wishes to receive Services from the Offeror is obliged to complete the registration procedure. Registration is free of charge and available to all Users.
5.2 The Buyer shall register by filling in special forms on the Site. It is necessary to specify true data in the registration form.
5.3 Each Buyer may complete the registration procedure only once. Registration of several accounts is not allowed. When registering, the Buyer shall be given a login and password. Upon completion of the registration process, the Buyer becomes the owner of the account. The Buyer shall use the Buyer's login and password for authorisation on the Site.
5.4 The Buyer shall be solely responsible for the safety of the login and password. The Offeror shall not be responsible for the disclosure of the Buyer's login and password to third parties and in case of unauthorized access of third parties to the Buyer's account.
5.5 The Offeror shall have the right to block or delete the Buyer's account on the Site at any time without the possibility to restore it if the latter violates the provisions of this Offer.
6. FINANCIAL TERMS AND CONDITIONS
6.1. The Buyer voluntarily and knowingly disposes of his/her own funds on the Site when purchasing the Artists' Goods and pays for them at his/her own risk.
6.2 The price of the Goods by the Artist/Collector is set independently, taking into account the discount promotions agreed with the Offeror. The price of the Goods includes a commission, which the Offeror withholds from the Artist/Collector from each Goods.
6.3 The Offeror provides the Services to the Buyer free of charge.
6.4 The delivery of the Goods is not included in the price of the Goods reflected in the catalogue on the Website.
6.5 The method of payment for Goods: transfer by means of bank cards and using Yumani and other payment systems (the methods are indicated on the Website).
6.6 The Buyer through the Site shall pay the Artist/Collector for the Goods in cashless form by transferring money to the current account of the Offeror (intermediary).
6.7 The Buyer's obligation to pay the cost of Goods shall be considered fulfilled from the moment the respective sums of money have been transferred to the Offeror's current account. 6.8. The Offeror does not keep the data of payment details and payment card of the Users.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1 The Buyer undertakes:
7.1.1. When working with the Site, not to violate the current legislation and not to use the Site for unlawful purposes.
7.1.2 Provide true personal information upon registration, respond to requests of the Offeror or the Delivery Service to ensure the performance of the transaction.
7.1.3. Do not pass to third parties passwords and logins used for access to the Site, to ensure confidentiality of their storage.
7.1.4 Do not disclose information that can harm the Website.
7.1.5 To accept the provision that the Site or any part/section thereof may be accompanied by advertisements. The Buyer agrees that the Website shall not be liable or responsible in any way for such advertisements.
7.1.6. at least once a month, read the current content of this Offer, posted on the Site.
7.1.7. Keep equipment and communication channels, which provide him access to the Website, in good technical condition. The Offeror is not responsible for the failure to provide the Services for reasons beyond the Offeror's control.
7.2 The Buyer shall have the right to:
7.2.1 Exercise his rights provided by this offer and the current legislation of the Russian Federation, regulating relations on paid services.
7.2.2 Access to the Site at any time, except for the time of maintenance works, technical failures.
7.2.3. use the Website within its functional capabilities and on terms and conditions, set forth in this Offer.
7.3 The Offeror undertakes:
7.3.1. Provide Services to the Buyer at an appropriate level.
7.3.2 Provide to the Buyer complete and accurate information about the Service provided by the Offeror.
7.3.3 Provide operation of the Site 24 hours a day, seven days a week, including weekends and public holidays, except for the time of preventive maintenance, technical failures and interruptions.
7.4 The Offeror has the right:
7.4.1 Suspend the provision of Services to the Buyer unilaterally out of court, in cases of material breach of the terms of this Offer.
7.4.2 Change the terms of the Offer unilaterally.
7.4.3. delete the Buyer's account in case of violation by the latter of the applicable law or the provisions of this Offer.
7.4.4. deliver the information to the Buyer by any available means (by phone, e-mail, overland mail and other electronic means of communication).
7.4.5. Refuse the Buyer to purchase the Goods without giving a reason.
7.4.6. In the event of Buyer's complaints about the quality of the Goods, address the complaints to the Artist as the person who is responsible for bearing the warranty obligations for the Goods.
7.4.7. Suspend the operation of the Website at any time without prior notice for the purpose of updating the Website, as well as for preventive maintenance. The Website may also be suspended in case of technical failures and for other reasons beyond the Offeror's control.
7.4.8. cease demonstration of the Goods on the Website if they violate or may violate this Offer or the current legislation of the Russian Federation.
8. LIABILITY OF THE PARTIES
8.1 The Parties shall be liable under the Agreement in accordance with the current legislation of the Russian Federation.
8.2. User is personally responsible for checking this Offer for any changes in it.
8.3 Within the framework of purchase and sale of Goods the Buyer and the Artist/Collector shall be individually liable for performance of their obligations to each other.
8.4. The Offeror is responsible for storage and processing of the Users' personal data, ensures confidentiality of this data during its processing in accordance with the Privacy Policy regarding the processing of personal data posted on the Website. The Offeror shall not be liable for the Users' personal data stolen as a result of hacker attacks.
8.5 The Offeror is not a party to the relationship between the Buyer and the Artist/Collector in the purchase and sale of the Goods and bears no responsibility in the framework of their relationship. The Offeror acts only as an information intermediary between the parties. 8.6. The Buyer agrees that:
8.6.1 The Artist/Collector independently, without the Offeror's involvement, bears warranty obligations to the Buyer in respect of the Goods.
8.6.2 The Artist is liable for damage caused to the Buyer, third parties in the sale of the Goods of improper quality, unless it proves that the damage was caused by circumstances for which the Buyer, a third party is responsible.
8.6.3 The risk of accidental loss or accidental damage to the Goods prior to their acceptance by the Buyer shall be borne by the Artist/Collector.
8.7 The Offeror shall not be liable:
8.7.1. for compliance of the Goods with the conditions of the Application, for the actions of the Artist/Collector, the expectations of the Buyer;
8.7.2. for the authenticity, uniqueness, practical applicability and value of the Goods purchased by the Buyer;
8.7.3. for losses and/or lost profits of the Buyer and/or third parties, irrespective of whether the Offeror could have foreseen the possibility of such losses or not.
8.7.4. for acts and/or omissions resulting directly or indirectly from acts/ omissions of any third parties;
8.7.5. for use (impossibility to use) and other consequences of use (impossibility to use) of the Goods received from the Artist/Collector by the Buyer;
8.7.6. for non-functionality of the Website due to hosting problems, ddos-attacks on the Website or the hosting, other reasons beyond the Offeror's control (disruption of operation of public communication channels, services, providing the User's access to the Offeror's Services).
8.7.7. for the Buyer's failure to receive the Goods due to technical or other difficulties (problems).
8.8. The Buyer understands and agrees that the Site is provided "as is" and "as available", in accordance with internationally accepted principles. The Offeror makes no warranty that the Site will meet the Buyer's requirements or that the use of the Site will be continuous, timely, secure or error-free.
8.9 The Site is not intended for incapacitated Buyers. In the event of an accidental visit to the Site, such Buyers are obliged to leave the Site. The Offeror shall not be liable for any undesirable consequences if the Buyer fails to comply with this requirement.
8.10. The Parties shall be released from liability for partial or full failure to fulfil their obligations under this Agreement if this failure is a result of force majeure events that occurred after the conclusion of the Agreement as a result of extraordinary events, which the participant could neither foresee nor prevent by reasonable measures (force majeure). Such extraordinary events include: floods, fires, earthquakes, explosions, storms, epidemics and other natural phenomena, as well as war or warlike actions, unstable political situations, etc.
8.11 The visualisation of the paintings in the interiors on the Website is for demonstration purposes only and is not an exact reflection of the actual size of the paintings in the interior.
9. FINAL CLAUSES
9.1 This Offer is effective from the moment of its posting on the Website and is valid until withdrawn/amended by the Offeror.
9.2. the Buyer confirms that he has read the terms and conditions of the Offer, understands its subject, importance and consequences of his actions in relation to the conclusion and execution of the Offer.
9.3. The Offeror reserves the right to unilaterally amend this Offer. The amendments shall become effective on the date of publication, unless a different term is separately agreed.
9.4 The Buyer shall independently follow the changes in this Offer. Should the Buyer incur any losses as a result of failure to perform this obligation, the Offeror shall not be liable for them.
9.5. In everything else that is not provided for in this Offer, the parties shall be guided by the current legislation of the Russian Federation.
9.6 By accepting the offer, the Buyer expresses its consent to provide its personal data for the purposes of processing by the Offeror in accordance with the Privacy Policy regarding the processing of personal data. The Buyer's personal data submitted on the Site shall be processed in accordance with the Personal Data Protection Act no. 152-FZ of 27.07.2006.
9.7 All objects on the Site, including design elements, text, graphics and other objects, are the objects of the Offeror's exclusive rights. The objects may not be used without prior permission of the right holder. The use of the objects by the Buyer for personal, non-commercial, commercial purposes is possible on condition that all copyright and trademark protection marks are retained and the corresponding object is preserved intact. Exceptions are the cases expressly provided by the legislation of the Russian Federation or this Offer.
9.8. All disputes and disagreements, which may arise from this offer, will be resolved by negotiations. If it is not possible to solve the disputes in the pre-trial order, all disputes and disagreements under the Offer will be considered in court.