Public offer
on the conclusion of a contract for the purchase and sale of paintings on the website artsavenkova.com
General provisions
This Public Offer contains the conditions for concluding a Purchase and Sale Agreement (hereinafter referred to as the “Purchase and Sale Agreement” and/or the “Agreement”). This offer is recognized as an offer addressed to one or more specific persons, which is sufficiently definite and expresses the intention of the person who made the offer to consider himself to have concluded an Agreement with the addressee who will accept the offer.
The performance of the actions specified in this Offer is a confirmation of the consent of both Parties to conclude a Purchase and Sale Agreement on the terms, in the manner and to the extent set out in this Offer.
The following text of the Public Offer is the official public offer of the Seller, addressed to the interested circle of persons to conclude a Purchase and Sale Agreement in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The purchase and sale Agreement is considered concluded and becomes effective from the moment the Parties perform the actions provided for in this Offer, which mean unconditional, as well as full acceptance of all the terms of this Offer without any exceptions or restrictions on the terms of accession.
Terms and definitions:
The Contract is the text of this Offer with Appendices that are an integral part of this Offer, accepted by the Buyer by performing the definitive actions provided for in this Offer.
Conclusive actions are behavior that expresses agreement with the counterparty’s proposal to conclude, amend or terminate the contract. Actions consist in full or partial fulfillment of the conditions proposed by the counterparty.
The seller is an individual registered as a self-employed person and applying a special tax regime “Professional Income Tax” in accordance with Federal Law No. 422-FZ of 11/27/2018.
The Buyer is an individual who purchases and pays for the Goods.
The Seller’s website on the Internet is a set of programs for electronic computers and other information contained in an information system, access to which is provided via the Internet by domain name and network address: https://artsavenkova.com/
The Parties to the Agreement (Parties) are the Seller and the Buyer.
Product — original handmade paintings
2. Subject of the Agreement
2.1. Under this Agreement, the Seller undertakes to transfer the painting (Goods) to the Buyer’s ownership, and the Buyer undertakes to accept the Goods and pay a certain amount of money for it.
2.2. The name, quantity, as well as the range of Goods, its cost, delivery procedure and other conditions are determined on the basis of the Seller’s information when making an application by the Buyer, or are installed on the Seller’s website on the Internet https://artsavenkova.com/
2.3. Acceptance of this Offer is expressed in the performance of certain actions, in particular:
- by drawing up and filling out an application for placing an order for Goods;
- by communicating the information required for the conclusion of the Contract by phone, e-mail, indicated on the Seller’s website on the Internet, including when the Seller calls back at the request of the Buyer;
- payment for the Goods by the Buyer.
This list is not exhaustive, there may be other actions that clearly express the person’s intention to accept the counterparty’s offer.
3. Rights and obligations of the Parties
3.1. The Seller has the right to demand payment for the Goods and their delivery in the manner and on the terms provided for in the Contract;
3.1.2. To refuse to conclude a Contract on the basis of this Offer to the Buyer in case of his unfair behavior, in particular, in the case of:
more than 2 (Two) refusals of Goods of proper quality during the year;
providing deliberately false personal information;
return of the Goods damaged by the Buyer;
in other cases of unfair behavior, indicating the conclusion of a Contract by the Buyer for the purpose of abuse of rights, and the absence of the usual economic purpose of the Contract — the purchase of Goods.
3.1.3. The Seller undertakes to transfer the Goods of proper quality and in proper packaging to the Buyer;
3.1.4. Transfer the Goods free from the rights of third parties;
3.1.5. Arrange the delivery of Goods to the Buyer;
3.1.6. Provide the Buyer with all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
3.1.7. After receiving payment from the Buyer for the purchased Goods under this Offer, generate an electronic receipt in accordance with Article 14 of Federal Law No. 422-FZ of 11/27/2018 and ensure its transfer to the Buyer.
3.2. Rights and obligations of the Buyer:
3.2.1. The Buyer has the right to demand the transfer of the Goods in the manner and on the terms stipulated in the Contract.
3.2.2. Require the provision of all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
3.2.3. To refuse the Goods on the grounds provided for by the Agreement and the current legislation of the Russian Federation.
3.2.4. The Buyer undertakes to provide the Seller with reliable information necessary for the proper execution of the Contract;
3.2.5. Accept and pay for the Goods in accordance with the terms of the Agreement;
3.2.6. The Buyer guarantees that all the terms of the Agreement are clear to him; the Buyer accepts the terms without reservations, as well as in full.
4. Price and payment procedure
4.1. The cost, as well as the payment procedure for the Goods, is determined on the basis of the Seller’s information when making an application by the Buyer, or are installed on the Seller’s website on the Internet: https://artsavenkova.com/
4.2. All payments under the Agreement are made by bank transfer.
5. Exchange and return of Goods
5.1. The buyer can return the paintings that were bought ready-made, but no later than 7 days after they were delivered to him. The Buyer must contact the Contractor within 3 days after delivery by mail painter777@list.ru and describe the reason for the return. The paintings must be returned to the Contractor in their original packaging, subject to delivery conditions comparable to those provided by the Contractor.
5.2. The return shipment of paintings is made at the expense of the Buyer. The money is returned to the Buyer by bank transfer to the settlement account specified in the application — within 10 days after the return of the paintings.
5.3. Applications for a refund must be sent to painter777@list.ru and also in written paper form, with a signature, attached to the return parcel along with the paintings.
5.4. Return of products of proper quality:
5.5. The buyer does not have the right to refuse the ordered painting if the painting is produced (partially or completely) since the whole picture is an individual customized product for a specific Customer.
5.6. No refund is made for a painting that is damaged by the Buyer or due to the Buyer’s fault.
5.7. The work is recognized as not meeting the quality requirements in the following cases:
5.7.1. Layering or shedding of the paint layer. The Seller is not responsible for the peeling of the colorful layer of the work, the appearance of visible cracks on the canvas as a result of its deformation due to the fault of the Buyer or non-compliance with recommendations (requirements) The seller for the storage, design, suspension and/or operation of the work.
5.7.2. The presence of holes, ruptures, other mechanical damages on the surface of the work, as well as traces of paint smearing, extraneous splashes and streaks of paint, if they are not provided for by the plot of the work. The Seller is not responsible for mechanical damage to the work caused by the Buyer’s fault.
5.8. In case of complete or partial inconsistency of the work of photography from the Seller’s electronic catalog or the presence of defects provided for in clause 5.7. of the offer, it may be returned to the Seller within a reasonable time.
5.9. The Buyer has the right not to accept the work if the specified defects are found at the time of its transfer by the Seller or a representative of the Carrier.
6. Privacy and Security
6.1. When implementing this Agreement, the Parties ensure the confidentiality and security of personal data in accordance with the current version of Federal Law No. 152-FZ dated 07/27/2006 “On Personal Data” and Federal Law No. 149-FZ dated 07/27/2006 “On Information, Information Technologies and Information Protection”.
6.2. The Parties undertake to maintain the confidentiality of the information received during the execution of this Agreement and take all possible measures to protect the information received from disclosure.
6.3. Confidential information means any information transmitted by the Seller and the Buyer during the implementation of the Agreement and subject to protection, the exceptions are listed below.
6.4. Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, diagrams, graphs, specifications and other documents provided by the Seller, both on paper and electronic media.
7. Force majeure
7.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement if proper fulfillment proved impossible due to force majeure, that is, extraordinary and unavoidable circumstances under these conditions, which are understood as: prohibited actions of the authorities, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.
7.2. In case of occurrence of these circumstances, the Party is obliged to notify the other Party within 30 (Thirty) business days.
7.3. A document issued by an authorized state body is sufficient confirmation of the existence and duration of force majeure.
7.4. If force majeure circumstances continue to be in effect for more than 60 (Sixty) business days, each Party has the right to unilaterally withdraw from this Agreement.
8. Force majeure
8.1. In case of non-fulfillment and/or improper fulfillment of their obligations under the Agreement, the Parties are responsible in accordance with the terms of this Offer.
8.2. The Party that has not fulfilled or improperly fulfilled its obligations under the Agreement is obliged to compensate the other Party for the losses caused by such violations.
8.3. By this Offer, the Seller guarantees the Buyer that his income, taken into account when determining the tax base, did not exceed 2.4 million rubles in the current calendar year.
8.4. The Seller undertakes to terminate the execution of this Offer in the event that he loses the right to apply the special tax regime “Professional Income Tax”, including in the case of the Seller’s de-registration with the tax authority or non-compliance with the requirements of paragraph 2 of Article 4 of Federal Law No. 422-FZ dated 11/27/2018.
9. The validity period of this Offer
9.1. The Offer comes into force from the moment it is posted on the Seller’s Website and is valid until it is withdrawn by the Seller.
9.2. The Seller reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its discretion. Information about the modification or withdrawal of the Offer is communicated to the Buyer at the Seller’s choice by posting on the Seller’s website on the Internet, in the Buyer’s Personal Account, or by sending a corresponding notification to the e-mail or postal address specified by the Buyer at the conclusion of the Contract or during its execution.
9.3. The Agreement comes into force from the moment of Acceptance of the terms of this Offer by the Buyer and is valid until the Parties fully fulfill their obligations under the Agreement.
9.4. The changes made by the Seller to the Agreement and published on the website in the form of an updated Offer are considered accepted by the Buyer in full.
10. Additional conditions
10.1. The Agreement, its conclusion and execution are governed by the current legislation of the Russian Federation. All issues not regulated by this Offer or not fully regulated are regulated in accordance with the substantive law of the Russian Federation.
10.2. In the event of a dispute that may arise between the Parties during the performance of their obligations under the Agreement concluded under the terms of this Offer, the Parties are obliged to settle the dispute amicably before the start of court proceedings.
The court proceedings are conducted in accordance with the legislation of the Russian Federation.
Disputes or disagreements on which the Parties have not reached an agreement are subject to resolution in accordance with the legislation of the Russian Federation. The pre-trial dispute settlement procedure is mandatory.
10.3. The Parties have defined Russian as the language of the Agreement concluded under the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, provision of requirements / notifications / clarifications, provision of documents, etc.).
Russian Russian translation 10.4. All documents to be submitted in accordance with the terms of this Offer must be drawn up in Russian or have a translation into Russian certified in accordance with the established procedure.
10.5. Inaction by one of the Parties in case of violation of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, and also does not mean a waiver of its rights in case one of the Parties commits similar or similar violations in the future.
10.6. If there are links to other websites and materials of third parties on the Seller’s Website on the Internet, such links are posted solely for informational purposes, and the Seller has no control over the content of such sites or materials. The Seller is not responsible for any loss or damage that may result from the use of such links.
Details of the Seller
Full name: Paintings by Natalia Savenkova
INN: 783800190684
Contact phone: +7 911 004-41-03
Contact e-mail: painter777@list.ru