1. GENERAL PROVISIONS1.1.This document (Offer) is a proposal of the Seller represented by the
Individual Entrepreneur Sidorov Valery Vadimovich (main state registration number of an individual entrepreneur 316774600425140 individual taxpayer number 420536335676) to conclude the Agreement on the terms and conditions set forth below, published on the Site (
https://acaciagallery.com/) and addressed to the Buyers, and is an offer within the meaning established by the Civil Code of the Russian Federation (part 1 of Article 435 of the Civil Code of the Russian Federation).
1.2The Contract concluded by acceptance of the offer is governed by the rules of the Civil Code of the Russian Federation on the contract of adhesion (Article 428 of the Civil Code of the Russian Federation), as its terms and conditions are determined by the Seller and can be accepted by the Buyer no other way than by adherence to the proposed Contract as a whole.
1.3.The fact confirming the acceptance of the conditions set out below and full and unconditional acceptance of the offer by the Buyer (i.e. acceptance of the Offer) is the performance of actions provided for in paragraph 4.2 of the Offer.
1.4.From the moment the Buyer accepts the offer, contractual relations between the Buyer and the Seller arise (in accordance with paragraphs 1 and 3 of Article 438 of the Civil Code of the Russian Federation).
1.5.An individual who accepts this Offer becomes a Buyer, acquires all rights and obligations provided by the Offer (in accordance with Article 438 of the Civil Code of the Russian Federation, acceptance of the Offer is tantamount to entering into a contract on the terms and conditions set forth in the Offer), and the Seller and the Buyer together become the Parties to the Offer. The Buyer is obliged to fully familiarize with the Offer before making payment.
1.6.By accepting the Offer, the Buyer guarantees the accuracy and relevance of the information provided to the Seller about himself, guarantees that he is an adult and fully capable person, agrees that he is solely responsible for any consequences arising from the indication of false, irrelevant or incomplete information about himself.
1.7.The current Offer is always available at:
https://acaciagallery.com/oferta_en.
2. TERMS AND DEFINITIONS2.1.
Seller - Individual Entrepreneur Valery Vadimovich Sidorov (main state registration number of an individual entrepreneur 316774600425140 individual taxpayer number 420536335676).
2.2.
Address - the place of delivery of the Goods specified by the Buyer when placing the Order.
2.3.
Civil Code of the Russian Federation - Civil Code of the Russian Federation
2.4.
Offer/Contract - this document, which is the Seller's offer to conclude the Contract on the terms and conditions set forth in the Offer.
2.5.
Acceptance of the Offer - full and unconditional acceptance by the Buyer of the terms and conditions of the Offer, confirming the Buyer's full agreement with all its clauses and appendices. Acceptance of the Offer means that the Buyer, to the extent necessary for him, has familiarized and agrees with the terms and conditions of the Offer, the rules of the payment system, the specifics of the functioning of the Website and messengers used by the Seller, as well as with the list of goods, their quantitative and qualitative characteristics, payment procedure, delivery of goods posted on the Website or sent via e-mail, social networks of the Seller or in messenger WhatsApp. Conclusion of the Agreement in a simple written form is not mandatory.
2.6.
Website visitor - any person who has visited the website of the online store
https://acaciagallery.com/ without the purpose of placing an Order.
2.7.
Buyer - a legally capable natural person located in the territory of the Russian Federation or other countries and being a buyer of goods, who has made an order for the Goods on the Seller's Website or by sending information about the Goods/Order via the Seller's social networks or WhatsApp messenger.
2.8.
Online Store - the website located on the Internet at
https://acaciagallery.com/, in the social networks or WhatsApp messenger of the Seller, through which the Seller trades, which presents the Goods that the Seller offers to the Buyers, as well as the terms of purchase, payment and delivery of the Goods to the Buyers.
2.9.
Goods - fine art objects (with individually defined properties) made according to the designs presented on the Website at the Buyer's Order and related non-food products (packaging) offered by the Seller on the Website, in social networks or WhatsApp messenger and purchased by the Buyer.
2.9.1. The Buyer is familiarized and agrees with the provision that he/she has no right to refuse the Goods of proper quality having individually defined properties, as the Goods can be used exclusively by the Buyer who acquires them.
2.10.
Order - a duly executed request of the Buyer on the Seller's website at
https://acaciagallery.com/, by phone +7 (925) 333-4313 or via the Seller's Social Networks, as well as by sending messages in WhatsApp messenger to the phone number: +7 (925) 333-4313, for the purchase and delivery of Goods to the address specified by the Buyer.
2.11.
Order - an Application accepted by the Seller and paid for by the Buyer.
2.12. A
working day is a day that is not a Saturday, Sunday or public holiday in the Russian Federation.
2.13.
RF - Russian Federation.
2.14.
Website - a website owned by the Seller, located at the Internet address:
https://acaciagallery.com/2.15.
Seller's social media - WhatsApp at phone number: +7 (925) 333-4313.
2.16.
Delivery Service - an organization providing delivery services for Buyer's Orders under an agreement with the Seller.
2.17.
Personal Data Processing Policy -
https://acaciagallery.com/privacy_en.
2.18.
Online Store - the website located at:
https://acaciagallery.com/, Seller's social networks, including messengers.
2.19.
Promotion is an event aimed at increasing sales, attracting consumers' attention to the Goods, conducted in accordance with the rules posted on the Website and limited in terms of time. The offer and quantity of Goods participating in the Promotion is limited and subject to the availability of Goods at the Seller. In case of unavailability of any Goods from the Seller, the Seller has the right to exclude/replace the Goods from the list of Goods participating in the Promotion. Such exclusion/replacement is possible without further notice to the Buyer.
2.20.
Gift - an item that is added to the Order during the Promotions period and is not payable by the Buyer. The offer and quantity of the Goods is limited and subject to the availability of the Goods in stock. In the event that a particular Goods is out of stock, the Seller may exclude/replace the Goods from the list of Goods. Such exclusion/replacement is possible without further notice to the Buyer. In case the Buyer refuses the Order, the cost of the Gift shall not be reimbursed to the Buyer.
3. SUBJECT MATTER OF THE OFFER CONTRACT3.1. The subject of the Offer is the organization of remote purchase and sale of individually-defined Goods posted on the website:
https://acaciagallery.com/ and subdomains of the said website, as well as posted on the Seller's Social Networks or WhatsApp messenger. The Seller undertakes to transfer ownership to the Buyer, and the Buyer undertakes to pay for and accept the Goods purchased through the Website, by phone or through the Seller's social networks, messengers.
3.2. The provisions of the Civil Code of the Russian Federation on retail sale and purchase, as well as the provisions of the Law of the Russian Federation "On Protection of Consumer Rights" shall apply to the relations between the Buyer and the Seller (when placing an order not for personal use and for resale of the Goods, the Law of the Russian Federation "On Protection of Consumer Rights" shall not apply to the legal relations of the parties) and other legal acts adopted in accordance with them.
3.3. By ordering the Goods through the Seller's Website, by phone or the Seller's Social Networks and messengers, the User agrees to the terms and conditions of sale of the Goods set out below (hereinafter referred to as the "
Terms and Conditions of Sale of Goods").
3.4. By placing an Order, the Buyer agrees that the Seller may entrust the performance of the Contract to a third party, while remaining responsible for its performance.
3.5. Within the framework of the Order, the Seller shall provide the Buyer with information support of the Contract concluded between the Seller and the Buyer.
4. TERMS AND CONDITIONS, PROCEDURE FOR CONCLUSION AND AMENDMENT OF THE OFFER AGREEMENT4.1.
The Seller organizes the purchase and sale of the Goods only if the following conditions are met:4.1.1. The Buyer's activities do not violate the laws of the Russian Federation, rules of business turnover, general norms of morality and ethics.
4.1.2. The Buyer is fully responsible for the correctness and validity of the contact details provided, as the contact details provided will be used for the exchange of information within the framework of the execution of the sales contract.
4.1.3. Communication between the Seller and the Buyer shall be based on the principles of generally accepted morality and etiquette. It is forbidden to use obscene words, profanity, abusive language, as well as threats and blackmail, regardless of the form and to whom they were addressed.
4.2.
Conclusion of the Contract (acceptance of the Offer) shall be carried out in the following order:4.2.1. An order may be placed by the Buyer via the Order form on the Website
https://acaciagallery.com/, by phone +7 (925) 333-4313, as well as by placing an order in the Seller's Social Networks, including via messages in WhatsApp messenger at +7 (925) 333-4313.
4.2.2. When placing an order, the Buyer shall provide information about himself/herself: surname, name, patronymic, delivery address, telephone number, e-mail address, number of the main identity document, information about the date of issue of the said document and the issuing authority, address.
4.2.3. After forming an Order on the Website, social networks or WhatsApp messenger, the Buyer is transferred to the payment page of the Order, where, following the instructions of the payment system, he/she makes a cashless payment for the Order placed by him/her.
4.2.4. Payment by the Buyer of the Seller's Goods means and confirms that the Buyer has read the terms and conditions of the Offer and fully and unconditionally accepts them.
4.2.5. After placing the Order, the Buyer shall be provided with information on the terms of delivery of the Order to the Buyer. The specified term depends on the availability of the ordered Goods at the Seller and the time required for processing and delivery of the Order. The specified date is not final and does not change the terms of the delivery period provided for in clause 5.11 of the Offer, and depends on the availability of the ordered Goods at the Seller and the time required to process the Order and delivery service rules. Delivery time of the Order during the pre-holiday period may be increased upon agreement with the Buyer.
4.2.6. The Buyer shall be notified of changes in the expected date of transfer of the Order to the Delivery Service by e-mail, by calling the Buyer, by sending a message via WhatsApp messenger. In case of disagreement with the planned delivery date, the Buyer shall notify the Seller to cancel the Order.
4.3. In case of necessity to change the delivery dates of the Goods due to actions/inactions of third parties
- Suppliers, delivery services, the Seller shall have the right to send a notice to the Buyer to agree on new delivery dates of the Goods by sending an e-mail to the Buyer's e-mail address specified when placing the Order and/or by sending personal messages to the Buyer's phone number in WhatsApp messenger specified when placing the Order.
4.4. The Seller reserves the right to coordinate with the Buyer the details of the Order by telephone. If it is impossible to contact the Buyer within 2 (two) days, the Order made by the Buyer shall be canceled or postponed until demand, about which information shall be sent to the Buyer by sending an e-mail to the Buyer's e-mail address and/or by sending personal messages to the Buyer's phone number in WhatsApp messenger specified when placing the Order. In case of cancellation, if the Buyer has made a prepayment, the funds shall be returned by the Seller to the bank details from which the payment was made.
4.5. Goods are created or ordered by Seller individually for Buyer for future delivery.
4.6. In case of impossibility to order the Goods due to the lack of sufficient quantity of material for manufacturing the Goods at the Supplier's warehouses and deliver the ordered Goods to the Buyer, the latter shall have the right to refuse such Goods, the money shall be refunded by the Seller in the manner in which the Order was paid for, of which the Buyer shall be notified by phone, by means of an information message to the e-mail address, or to the Buyer's phone number in WhatsApp messenger.
4.7. If at the time of placing an Order additional Goods were provided as a Gift, Promotion (without payment by the Buyer), no refund for the Gift, Promotion Goods shall be made upon cancellation of the Order.
4.8. If the Buyer provides false information when placing the Order, or if the Buyer refuses to receive the Goods for reasons unrelated to the presence of defects in the Goods, or if the Buyer is not present at the delivery address, including the Buyer's failure to respond to calls and any delivery service notifications, etc., the Seller cannot be held liable for failure to achieve the goals of this Agreement.
4.9. By placing an order, Buyer acknowledges that:
- is a legally capable citizen;
- is familiarized with the current version of the Offer and agrees with its terms and conditions;
- assumes the obligation to pay for and accept the ordered Goods;
- provided reliable information when registering on the Website of the Online Store and placing an Order;
- transfers to the Seller for processing for the purposes of conclusion and execution of the Agreement his personal data, which are subject to processing in accordance with Section 12 of the Offer;
- agrees to receive advertising and information messages in the form of e-mail and SMS messages to the e-mail address and phone number provided when registering in the Online Store (part 1 of Article 18 of the Law "On Advertising" of 13.03.2006 N 38-FZ). The Buyer has the right to withdraw consent by notifying the Seller in writing at the Seller's e-mail address;
- is familiarized with and accepts the provision that the Goods sold on the Website are made individually to order according to the submitted designs in the specified sizes, and therefore are individually defined Goods not subject to return.
4.10. The Seller has the right at any time, at its discretion, to change and (or) supplement the terms of the Offer Agreement by posting a new version of the Offer on the Site in the section "Offer"
https://acaciagallery.com/oferta_en.
4.11. The new version of the Offer shall be effective from the date of such posting, unless another term is specified by the Seller.
4.12. The Buyer undertakes to independently monitor changes in the terms and conditions of the Offer on the Site. Making an Order by the Buyer through the Website, by phone, social networks or WhatsApp messenger after changes and (or) additions to the Offer means that the Buyer has familiarized himself with the new version of the Offer and agrees with its terms and conditions.
4.13. The parties confirm that the presence of the Offer on the Website or the sending of a link to such Offer in WhatsApp messenger is sufficient to consider that the changes originate from the Seller.
4.14. If the Seller changes the terms of the Offer in the manner provided by the Offer and the Buyer does not agree with the new version of the Offer, the Buyer shall notify the Seller and refrain from purchasing the Seller's Goods.
4.15. The Buyer can get additional information on the organization of the purchase and sale of Goods by phone +7 (925) 333-4313, as well as by sending a message to WhatsApp messenger +7 (925) 333-4313 or by e-mail to the following address:
artgalleryacacia@gmail.com.
5. PRODUCT DELIVERY5.1. Delivery of goods is carried out by transportation company SDEK.
5.2. The choice of delivery method shall be made by the Buyer from the options provided by the Seller, when placing an Order on the Seller's website, by phone or via social networks, messenger WhatsApp of the Seller.
5.3. Delivery of the Goods to the Buyer's location shall be carried out by a delivery service appointed by the Seller to the address specified by the Buyer. Upon acceptance of the Order from the delivery service, the Buyer shall inspect the delivered Goods and check for compliance with the declared quantity, range and completeness of the Goods, as well as the integrity of the packaging. If there are
no claims to the delivered Goods, the Recipient shall sign the delivery receipt or other similar document provided by the delivery service. The signature in the delivery documents indicates that the Recipient has no claims to the Goods and the Seller has fully and properly fulfilled its obligation to transfer the Goods.
5.4. The Order shall be delivered to the Buyer or to the recipient designated by the Buyer, or to the person who has provided proof of the Order and paid for the Goods. In order to avoid fraud, the recipient may be requested to provide proof of identity when delivering a prepaid Order. In the absence of this document or if the information specified in it does not match the details of the order or the Buyer's data, the transfer of the Goods may be refused.
5.5. The Buyer agrees that the territory of delivery of the Goods may be limited.
5.6. The risk of accidental loss of or accidental damage to the Goods shall pass to the Buyer from the moment the Seller delivers the Goods to the shipping companies.
5.7. Title to the Goods shall pass to the Buyer at the moment of actual transfer of the Goods by the Seller to the shipping companies.
5.8. The cost of delivery shall be set by the carriers engaged by the Seller to deliver the Goods to the Buyers taking into account the weight of the Goods, region and method of delivery, and shall be indicated on the Website or in the Seller's messengers at the last stage of Order placement, or may be specified by a phone call to the Buyer or via WhatsApp messenger to the contact details provided by the Buyer when placing the Order.
5.9. The delivery period of the Orders is specified in clause. 5.10 of the Offer and depends on the method of delivery of the Goods, as well as on the delivery service. The deadlines published in the Seller's social networks, messages in messengers when announcing (offering) the Goods cannot be the basis for claims to the Seller in connection with the violation of the delivery time of the Orders.
5.10. The delivery time of the Goods shall be set by the shipping companies engaged by the Seller to deliver the Goods to the Buyers, taking into account the region and method of delivery, as well as the period of organization of delivery by the Seller (transfer of the goods by the Seller to the shipping companies), and shall be indicated on the Website or in the Seller's messengers at the last stage of Order placement, or may be specified by a phone call to the Buyer or via WhatsApp messenger to the contact details provided by the Buyer when placing the Order.
5.11. The term of organization of delivery by the Seller (transfer of goods by the Seller to shipping companies) depends on the availability of ordered goods in the Seller's warehouse and the time required to process the order, the terms of application on the canvas / creation of Goods, the rules of the delivery service and shall be agreed with the Buyer.
6. INTELLECTUAL PROPERTY6.1. The Parties acknowledge that the exclusive rights
to the image located on the Goods belong to the Seller (hereinafter referred to as the "Image").6.2. The Customer warrants that he has read and agrees that the Contract is for the purchase of the Goods and not for the exclusive rights to the Image.6.3. The customer undertakes to:
6.3.1. not to copy the Image in any way;
6.3.2. not to use the Image for commercial purposes (for entrepreneurial activities).
6.4. The Customer shall immediately notify the Seller of any facts of infringement of the Seller's exclusive rights that have become known to the Customer.
6.5. Any use of the Image, if such use is made without the Seller's consent, is illegal and is subject to liability established by the Offer and the laws of the Russian Federation.
6.6. Use, regardless of whether the acts in question are performed for profit or not for profit, shall be deemed to be, inter alia:6.6.1. reproduction of the Image, i.e. making one or more copies of the Image or a part thereof in any material form. Within the framework of the Agreement it is allowed to reproduce the Image exclusively for personal, family, household or other needs not related to business or professional activities;
6.6.2. distribution of the Image by sale or other alienation of the Image not related to the sale or other alienation of the Goods;
6.6.3. public display of the Image separately from the Image on the Goods, i.e. any demonstration of the Image directly or on the screen by means of film, transparencies, television frames or other
technical means, as well as demonstration of separate frames of the Image in a place open to the public or in a place where a significant number of persons not belonging to the usual family circle are present. Within the framework of the Agreement the public display of the Image is allowed solely to satisfy personal, family, household or other needs not related to business or professional activities.
6.6.4. processing of the Image. In this case, the processing of a result of intellectual activity means the creation of a derivative result of intellectual activity.
6.7. If the Customer violates the provisions of the Agreement concerning the protection of the Seller's copyrights, the latter shall be entitled to demand
compensation in the amount of 500,000 (five hundred thousand) rubles for each case of violation, as well as compensation or losses (including lost profit).
7.ORDER VALUE AND PAYMENT7.1. The cost of the Order consists of the price of the Goods and the cost of delivery, which is determined unilaterally by the Seller. If the Seller has changed the price of the Goods or the cost of delivery after the Order has been placed, the Order shall be paid at the price at the time of its placement.
7.2. The price of the Goods shall be specified in Russian rubles and determined by the catalog on the website at:
https://acaciagallery.com/.
7.3. The cost of delivery set by the involved carriers is not included in the price of the Goods and shall be paid by the Buyer separately, calculated individually, based on the weight of the Goods, region and method of delivery, and shall be indicated on the Website or in the Seller's messengers at the last stage of Order placement, or may be specified by a phone call to the Buyer or via WhatsApp messenger to the contact details provided by the Buyer when placing the Order.
7.4. The price of the Goods and the final amount of the Order including all applicable discounts shall be indicated at the stage of placing the Order and shall be valid at the time of placing the Order.
7.5. The non-cash payment method selected by the Buyer when placing the Order shall be applied to the Order. The following non-cash payment methods are possible: payment by bank card or other methods offered on the Seller's website.
7.6. In case of prepayment of the Goods, the Order shall be accepted for processing from the moment the Buyer pays money to the Seller or to a payment agent that accepts payments from individuals and the Buyer submits documents confirming the fact of payment.
7.7. The Seller shall have the right to provide discounts on the Goods and establish a bonus program, promotions. Types of discounts, bonuses, procedure and terms of accrual are determined by the Seller independently and may be changed unilaterally.
7.8. The moment of payment shall be deemed to be when the Buyer pays money to the Seller or to a payment agent accepting payments from individuals and the Buyer submits documents confirming the fact of payment.
7.9. When paying for the Goods on the Seller's Website or on the basis of a notification received to the Buyer's e-mail or a link for payment in WhatsApp messenger, the Buyer is automatically redirected to the page of the payment acceptance system to make payment. The Seller does not control the hardware and software complex of the electronic payment system. If, as a result of such errors, the Buyer's funds were debited, but the payment was not authorized by the electronic payment system, the obligation to refund the Buyer's funds lies with the provider of the electronic payment system.
7.10. Fiscal documents shall be sent electronically to the Buyer's e-mail specified when registering on the Site or in the process of making an Order via social networks or the Seller's WhatsApp messenger in accordance with the current legislation of the Russian Federation.