on the sale of goods of the Internet store “Experiment” (“Experiment”),
located on the Internet at the address – https://www.experiment.gallery
1. Terms and definitions
1.1. In this public offer (offer agreement) (hereinafter referred to as the Offer), the following terms have the following meanings and are an integral part of it:
Seller – Individual entrepreneur Golinskaya Irina Ivanovna (TIN 771670440411, OGRNIP 321508100093116).
Buyer – any natural or legal person who has accepted the Offer.
Parties – joint mention of the Seller and the Buyer.
Internet shop – the Seller’s Internet shop located on the Internet at the address – https://www.experiment.gallery.
Goods – an object of agreement between the Parties, offered for sale and purchase in the Internet store.
Order – a set of Products specified for purchase and sale in the Internet store.
2. General provisions
2.1. The goods are works of art in the form of ready-made prints of photographic images, the printing and replication of which is carried out at the request of the Buyer.
2.2. The Offer is an official proposal of the Seller to any individual or legal entity to conclude a purchase and sale agreement for the Goods (hereinafter referred to as the Agreement) on the terms specified in the Offer, and contains all the essential terms of the Agreement.
2.3. The Offer in this edition comes into force on September 13, 2021 and is valid until the Seller decides to change or terminate the Offer.
2.4. The fact of placing an Order by the Buyer is an unconditional fact of acceptance by the Buyer of the terms of the Offer. The Buyer who has placed the Order is considered as a person who entered into a relationship with the Seller on the terms of the Agreement.
2.5. The Buyer accepts all the conditions contained in the Offer in full and without exception.
2.6. The Seller’s obligations are limited by the terms of the Offer.
2.7. The current edition of the Offer is located on the Internet at the address – https://www.experiment.gallery/conditions.
2.8. The Seller has the right to change or withdraw the Offer at any time, both with and without notice to the Buyers.
2.9. Revocation of the Offer is not a basis for refusal of the Seller’s obligations under the already concluded Agreements.
2.10. In its activities, the Seller is guided by the provisions of the Civil Code of the Russian Federation on Retail Sale and Purchase (§ 2, Ch. 30), the Law of the Russian Federation “On Protection of Consumer Rights”, Federal Law No. 152-FZ of July 27, 2006 “On Personal Data”, as well as the Rules for the sale of Goods by remote method, approved by the Decree of the Government of the Russian Federation dated September 27, 2007 No. 612, and other legal acts of the Russian Federation.
2.11. In cases where the conditions of the Offer contain items with active hyperlinks to specific thematic sections of the Internet store with more detailed information and (or) conditions that determine the rights and obligations of the Parties, while the conditions posted on such hyperlinks are an integral part of the Offer. The method of providing access to certain parts of this Offer through active hyperlinks is a generally accepted way of posting information on the Internet.
3. Subject of the contract and the price of the goods
3.1. The Seller transfers, and the Buyer accepts and pays for the Goods on the terms of the Agreement.
3.2. Ownership, as well as the risk of accidental loss and (or) damage to the Goods, passes to the Buyer from the moment of the actual transfer.
3.3. The price of the Goods is determined by the Seller unilaterally and indisputably and indicated in the online store.
3.4. The Seller has the right to unilaterally change the price of the Goods.
3.5. From the moment of registration and confirmation of the Order, the price of the Goods is not subject to change.
3.6. The price of the Goods is indicated in rubles of the Russian Federation and includes all taxes and fees provided for by the current legislation of the Russian Federation.
3.7. The product may have slight differences in color from the image shown in the online store (it also depends on the settings of your computer monitor).
4. Rights and obligations of the parties
4.1. The seller undertakes:
4.1.1. Ensure the fulfillment of its obligations to the Buyer in accordance with the terms of the Agreement and the current legislation of the Russian Federation.
4.1.2. The Seller reserves the right to default on obligations under the Agreement in the event of force majeure circumstances specified in Section 10 of the Offer.
4.2. The seller has the right:
4.2.1. Change the Agreement, the price of the Goods, methods, terms of transfer of the Goods unilaterally. All changes take effect immediately after publication in the online store, and are considered brought to the attention of the Buyer from the moment of such publication.
4.2.2. Transfer your rights and obligations to perform the Agreement to third parties without agreement with the Buyer.
4.3. The buyer undertakes:
4.3.1. Before the conclusion of the Agreement, familiarize yourself with the content and conditions of the Offer and the Agreement, the price of the Goods, methods, terms of payment and transfer of the Goods.
4.3.2. Provide all the necessary data that uniquely identifies him as the Buyer and sufficient for the transfer of the Goods, including the last name, first name, patronymic, contact phone number, e-mail address, address of the transfer of the Goods.
4.3.3. Pay for the Goods, its transfer and other additional services on the terms of the Agreement.
5. Registration, confirmation and execution of the order
5.1. Only registered Buyers can place an Order.
5.2. To register in the online store, the Buyer must go to the “Registration” section of the online store at the address – https://www.experiment.gallery/#reg-modal.
5.3. To register in the online store, the Buyer is obliged to indicate the login (email address) and password to enter the Personal Account of the User of the Online Store (hereinafter referred to as the Personal Account).
5.4. The Buyer undertakes not to disclose to third parties the login (email address) and password for entering the Personal Account specified during registration. If the Buyer has any suspicions about the security of the login and password or the possibility of their unauthorized use by third parties, the Buyer undertakes to immediately notify the Seller, by e-mail or through the feedback form of the online store at www.experiment.gallery/contact.
5.5. Registration of the Order is carried out by adding the Goods in the “Basket” section of the Personal Account at the address – www.experiment.gallery/cart.
5.6. When placing an Order, the Buyer indicates the last name, first name, patronymic, contact phone number, e-mail address, address of the transfer of the Goods.
5.7. After placing the Order, the Buyer receives confirmation of receipt of the Order to the contact phone number and (or) e-mail address specified during registration.
5.8. If it is necessary to clarify the information on the completed Order when confirming the Order, the Seller’s representative contacts the Buyer by the contact phone number and (or) e-mail address.
5.9. The amount of the Order is made up of the price of the Goods, the cost of transferring the Goods, and other additional services and is indicated in the “Basket” section of the Personal Account, in the “Order Amount” line.
5.10. In the absence of the Goods from the Seller, the Seller has the right to cancel the specified Goods from the Order and notify the Buyer about this by the contact phone number and (or) e-mail address.
5.11. In case of cancellation of the Goods in the absence of the Seller, the price of the Goods is returned to the Buyer.
6. Payment for goods
6.1. Payment for the Goods is carried out by the Buyer’s bank card via the Internet.
6.2. Bank cards VISA International, MasterCard World Wide, MIR are accepted for payment.
6.3. To pay by credit card via the Internet, you need to know:
- Buyer’s bank card number;
- expiration date of the bank card (month / year);
- CVV (CVC) code for a bank card (the last 3 digits on the back of the card);
- name of the cardholder.
6.4. The transfer of data for payment for the Goods is carried out by redirecting to a secure payment page – a payment gateway of a banking organization.
6.5. Payment for the Goods is made by the Buyer on the basis of 100% prepayment within 48 (forty eight) hours from the moment of placing the Order.
6.6. The Buyer’s evasion of payment for the Goods within 48 (forty-eight) hours from the moment of placing the Order is considered by the Seller as the Buyer’s refusal to execute the Agreement and is the basis for canceling the Order.
7. Transfer-receipt (delivery) of goods
7.1. The transfer-receipt of the Goods (hereinafter referred to as the Transfer) is carried out after payment for the Goods.
7.2. The transfer is carried out by courier delivery (hereinafter – Delivery).
7.3. Delivery is carried out to the address indicated by the Buyer.
7.4. The cost and delivery time is determined when placing and confirming the Order.
7.5. Upon Delivery, the Buyer is obliged to provide the Order number and present an identity document, last name, first name and patronymic, in which they correspond to those specified when placing the Order.
7.6. If, upon Delivery, the Buyer does not provide the Order number and does not present an identity document, the Goods will not be transferred.
7.7. The Seller, together with the Goods, transfers to the Buyer the Agreement, the cashier’s receipt, the act of acceptance and transfer of the Goods.
7.8. The act of acceptance and transfer of the Goods contains information about: name, year of creation, size, cost and other characteristics of the Goods.
7.9. Upon Delivery, the Buyer is obliged to check the Goods for their conformity with the quantity, assortment, and appearance.
7.10. After Delivery, claims for the quantity, assortment, integrity and appearance of the Goods are not accepted.
7.11. Upon Delivery, the Buyer puts his signature in the order register opposite the Order number. This signature confirms that the Buyer has no claims to the quantity, range, integrity and appearance of the Goods.
7.12. If the Buyer discovers defects that were not agreed upon by the Seller when placing and confirming the Order, the Buyer has the right to make demands for free elimination of defects, replacement or termination of the Agreement, if he proves that the defects arose before Delivery or for reasons,
arising before the transfer.
7.13. If the delivery is carried out in a public place (train station, park, shop, restaurant, shopping centers, etc.), the transfer is possible only in the office part.
7.14. If the Delivery was made on time, but the Goods were not transferred to the Buyer through his fault, the subsequent Delivery is made on a new date, after the Buyer pays the cost of delivery services again.
7.15. In the event that the Delivery was made in violation of the established deadlines, through the fault of the Seller, the subsequent Delivery is made at a new time.
7.16. The Seller is not responsible for Delivery if the Buyer provides an incorrect delivery address.
8. Return of goods
8.1. In accordance with clause 2.1. Of the Agreement The product is a work of art in the form of ready-made prints of photographic images, the printing and replication of which is carried out at the request of the Buyer.
8.1. In accordance with paragraph 4 of Art. 26.1 of the Law of the Russian Federation dated 07.02.1992 No. 2300-1 “On Protection of Consumer Rights”, the return of works of art created to order by the Buyer is not allowed.
8.2. An exception to the rule established by clause 8.2. Of the Agreement is the return of the Goods on the grounds provided for in clause 7.12. Of the contract. In this case, the return of the Goods is carried out by transferring the Goods to the Seller’s address within 5 (five) calendar days.
9.1. The Seller is authorized to carry out transactions for the transfer of the Goods on a reimbursable (gratuitous) basis on the basis of the relevant contracts (agreements) concluded between the Seller and the legal rightholders.
9.2. The Seller grants the Buyer a simple (non-exclusive) license to the Goods.
9.3. The Seller grants the Buyer the following rights without territorial restrictions:
- The right to personal use of the Goods. The product is intended to be displayed at home or in other private premises. For all other purposes, such as display in public places or institutions, publication of an image on the Internet or in print, or any other use, permission must be granted by the person holding the copyright.
- The right to transfer the Goods on a reimbursable (gratuitous) basis.
9.4. The specified non-exclusive rights to the Goods are transferred to the Buyer from the moment of the actual transfer of the Goods.
9.5. The seller is not responsible for the risks associated with improper execution of title documents confirming the legal use of trademarks, images and other intellectual property objects for the Goods.
9.6. Issues related to the availability of documents of title to the Goods, the legality of its creation, the use of objects of intellectual activity and other related issues are subject to settlement between the Buyer and the legal rightholders.
9.7. All text information and graphic images posted in the online store have a legal copyright holder, illegal use of this information and images is prosecuted in accordance with the current legislation of the Russian Federation.
9.8. Full or partial copying, modification, compilation, translation, digital transformation and other actions with the materials of the online store are possible only by agreement with the Seller with the obligatory indication of an active hyperlink to the online store.
10. Force majeure
10.1. The Parties are exempt from liability for full or partial failure to fulfill their obligations under the Agreement if such failure was the result of Force Majeure circumstances that arose after the conclusion of the Agreement, and which the Parties could neither foresee nor prevent by reasonable measures.
10.2. The circumstances of Force Majeure include: floods, fires, earthquakes, other natural disasters, as well as wars, military actions, illegal actions of state authorities (local governments) and any other circumstances beyond the reasonable control of the Parties that have a direct material negative impact on performance obligations under the Agreement, however, provided that such circumstances did not arise as a result of the Party’s failure to comply with the current legislation, the non-fulfillment by the Party of any obligations relating to any agreements concluded between the Parties.
10.3. In the event of Force Majeure circumstances, the Party that has come under their influence must, within 48 (forty-eight) hours from the moment of their occurrence, notify the other Party about it by sending a message to the e-mail address and by registered mail to the mailing address of the relevant Party, and also provide a Certificate of the relevant territorial body of the Chamber of Commerce and Industry of the Russian Federation and (or) an act of the competent state authority (local government body) that the circumstances of Force Majeure take place. The notification must contain information about the nature of the circumstances, if possible, an assessment of their impact on the possibility of the Party, which was under their influence, to fulfill its obligations under the Agreement and the deadline for the fulfillment of obligations.
10.4. After the termination of the circumstances of Force Majeure, the Party that came under their influence must, within a period not exceeding 48 (forty eight) hours, from the moment of termination of the circumstances, notify the other Party by sending a message to the e-mail address and by registered mail to the postal the address of the Party concerned. The message must contain the period within which it is expected to fulfill the obligations under the Agreement.
10.5. Failure to notify or untimely notification, or improper reporting of the circumstances of Force Majeure deprives the Party, which came under their influence, of the right to refer to such circumstances as a basis for exoneration from liability.
10.6. In the event of force majeure circumstances, the term for the Parties to fulfill their obligations under the Agreement increases in proportion to the duration of such circumstances and their consequences. If the circumstances of Force Majeure and their consequences continue for more than 30 (thirty) calendar days, or if, upon the occurrence of such circumstances, it becomes obvious that such circumstances and their consequences will last longer than this period, the Parties shall negotiate as soon as possible in order to identify acceptable for the fulfillment of obligations.
10.7. Parties to alternative ways of executing the Agreement and reaching an appropriate agreement. Negotiations can be initiated by either Party.
11. Responsibilities of the parties
11.1. For non-fulfillment or improper fulfillment of the terms of the Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.
11.2. The Buyer is responsible for the content and accuracy of the data provided when placing the Order.
11.3. The Seller is released from liability for violation of the conditions for the transfer of the Goods if the Buyer provides inaccurate data.
11.4. The Seller is not responsible if the Buyer’s expectations about the consumer properties of the Goods were not justified.
11.5. The Seller is not responsible for a possible deterioration in the quality of the Goods after its transfer to the Buyer (including, but not limited to: tarnishing, fading, discoloration).
12. Personal data
12.1. The Buyer’s personal data is processed in accordance with the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”.
12.2. Making an order in the online store is an expression of the Buyer’s consent to the processing of his personal data, including the surname, name, patronymic, address, contact phone number, e-mail address, as well as other specified information. By placing the Order, the Buyer agrees that the Seller has the right to entrust the processing of personal data to any third party at its discretion, subject to the requirements of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, including the implementation of confidentiality by such a person and the protection of personal data. Consent to the processing of personal data and other above actions is provided by the Buyer without any time limit.
12.3. This consent can be revoked only subject to written notification to the Seller at least 30 (thirty) days prior to the expected date of termination of the use of data by the Seller.
12.4. The Seller uses the Buyer’s personal data in the following forms: collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data, and also any other actions with personal data performed with the use of automation tools or without the use of such tools in accordance with the Federal Law of 27.07.2006, No. 152-FZ “On Personal Data”.
12.5. The Seller uses the Buyer’s personal data for the following purposes:
- for registration and confirmation;
- to fulfill its obligations to the Buyer under the Agreement;
- to evaluate and analyze the work of the Seller in the process of fulfilling obligations under the Agreement;
- for conducting incentive activities.
12.6. The seller has the right to send informational, including advertising messages to the contact phone number and (or) e-mail address specified when placing the Order.
12.7. The Buyer has the right to refuse to receive information messages without explaining the reasons for the refusal at any time by sending a message to the Seller to the Seller’s e-mail address, or through the feedback form of the online store at www.experiment.gallery/contact.
12.8. The fact of placing an Order is a sufficient form of consent to the processing of his personal data, while a written form or other evidence for additional confirmation of the Buyer’s free will to the Seller will not be required. By placing an Order, the Buyer confirms that his consent is specific, informed and conscientious.
12.9. The seller has the right to use the “cookies” technology. “Cookies” do not contain confidential information and are not transferred to third parties.
12.10. The Seller receives information about the Buyer’s IP-address. This information is not used to identify the Buyer.
12.11. Disclosure of information in accordance with reasonable and applicable requirements of the legislation of the Russian Federation is not considered a violation of obligations. The Seller is not responsible for the information provided by the Buyer in a public form.
12.12. The Seller has the right to record telephone conversations with the Buyer.
12.13. The Seller undertakes not to disclose the information received from the Buyer. The provision by the Seller of information to third parties acting on the basis of an agreement with the Seller to fulfill obligations to the Buyer is not considered a violation.
12.14. In accordance with clause 4 of article 16 of the Federal Law of July 27, 2006 No. 149-FZ “On information, information technologies and information protection”, the Seller undertakes: to prevent attempts of unauthorized access to information and (or) its transfer to persons who do not have attitude to the fulfillment of the obligations of the Parties under the Agreement, to detect and suppress such facts.
13. Questions, claims, consideration of disputes
13.1. If the Buyer has questions to the Seller, he can declare them in one of the following ways:
- by the contact phone number of the Seller;
- via the feedback form of the online store at – www.experiment.gallery/contact
- send a letter to the Seller’s email address;
- send a letter or claim to the postal address of the Seller.
13.2. In the event of disputes arising from this Offer, the Parties undertake to apply the claim procedure for resolving the dispute by sending a claim in writing to the mailing addresses of the Parties. A claim to the Buyer’s address is sent to the transfer addresses and (or) e-mail addresses specified by the Buyer when placing the Order.
13.3. If it is impossible to resolve the dispute in a complaint procedure, the Parties have the right to go to court.
14. Other provisions
14.1. The Seller reserves the right to refuse the Buyer to conclude the Agreement in the event of his systematic evasion from receiving the Goods, which is equivalent to an abuse of the right.
14.2. The recognition by the court of the invalidity of any provision of the Agreement does not entail the invalidity of the remaining provisions.
15. Seller details
Individual entrepreneur Golinskaya Irina Ivanovna
Current account 40802810701500147836
Bank name POINT OF PJSC BANK OTKRITIE FC
Correspondent account 30101810845250000999
Address (postal address) Moscow, st. Zamorenova, 41, apt. 21
Contact phone number 8 (926) 885-06-08
Email address email@example.com
Published on September 13, 2021