19.09.2024 г.

Agreement-Offer (hereinafter also referred to as the "Offer") for the purchase and sale of goods by remote method (public)
1. GENERAL PROVISIONS
1.1.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 DEFINITIONS
2.1. 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 CONTRACT
3.1. 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 AGREEMENT
4.1. 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 DELIVERY
5.1. 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 PROPERTY
6.1. 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 PAYMENT
7.1. 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.
8.HANGE OF ORDER BY THE CUSTOMER AND REJECTION OF THE ORDER
8.1. If after placing the Order the Seller discovers the absence of consumables for the ordered Goods or their required quantity in stock, the Seller shall immediately notify the Buyer thereof by phone, including via WhatsApp messenger. The Buyer shall have the right to replace the missing materials for the Goods with similar ones or to refuse the Order in full or only in part of the missing materials.
8.2. The Buyer may, by telephone, email, social media or WhatsApp messenger, cancel the Application in whole or in part at any time prior to payment of the Application.

9.PRODUCT RETURN AND EXCHANGE
9.1. The Buyer has no right to refuse the Goods of proper quality, as the Goods have individually defined properties and can be used exclusively by the Buyer who acquires them.
9.2. Return of Goods of improper quality:
9.2.1. The Goods of improper quality shall mean the Goods that do not meet the mandatory requirements stipulated by law or in the manner established by it, or the terms of the Contract (in their absence or incompleteness of the terms and conditions of the Contract (in the absence or incompleteness of the terms and conditions, the requirements usually imposed), or the purposes for which the Goods (work, service) of this kind are usually used, or the purposes about which the seller (executor) was informed by the consumer at the conclusion of the contract, or the sample and (or) description at the sale of goods according to the sample and (or) description. The Goods of improper quality can be recognized as the Goods with chips / cracks / visual defects that should not have occurred during proper transportation / quality of the Goods.
9.2.2. The Goods received by the Buyer shall correspond to the description of the Goods posted on the Seller's Website or social media.
9.2.3. The warranty period of the Goods shall be 14 (fourteen) calendar days from the date of receipt of the goods by the Buyer.
9.2.4. If the Buyer has been given the Goods of improper quality and the Seller has not agreed otherwise in advance, the Buyer shall be entitled to use the provisions of the Law of the Russian Federation "On Protection of Consumer Rights".
9.2.5. To return the Goods of improper quality, the Buyer must contact the Customer Service Specialist by e-mail: iartgalleryacacia@gmail.com. The Buyer undertakes to:
9.2.5.1. provide proper photo-video evidence of the improper quality of the Goods prior to the return;
9.2.5.2. carefully pack the Goods (with all accessories and a full set of accessories specified in the technical documentation for the Goods), enclose a return form, the form of which is available on the Seller's website at the following address: https://acaciagallery.com/delivery_en.
9.2.6. Return of goods of improper quality shall be made by the Buyer by means of courier service agreed with the Seller to the address: Moscow, Kamergersky pereulok, 2, sq. 2.
9.2.7. Claims for the return of money paid for the goods of inadequate quality shall be satisfied within 10 days from the date of submission of the relevant claim (Article 22 of the Law of the Russian Federation "On Protection of Consumer Rights" Law of the Russian Federation of 07.02.1992 N 2300-1).
9.2.8. The refund is made by returning the cost of the paid Goods to the bank card, which was used for payment when ordering the Goods. At the same time, only the amount actually credited to the Seller's account shall be refunded (bank commission and interest shall not be refunded to the Buyer).
9.2.9. In case of returning the Goods of improper quality, the cost of delivery and return shipping shall also be refunded if paid by the Buyer. In this case, the Buyer must provide the original receipt or other document that records the cost of delivery or return shipment of the Goods of improper quality. The term of crediting funds to the Buyer's account depends on the terms established by the internal regulations of the respective banks.
9.3. Exchange of Goods of improper quality is possible by agreement of the parties in case of availability of similar Goods at the Seller.
9.4. A request to exchange goods may be sent by the Buyer to the Seller by phone, email or via the Seller's WhatsApp messengers.

10.RIGHTS AND OBLIGATIONS OF THE PARTIES
10.1. Seller agrees to:
10.1.1. To keep confidential information received from the Buyer when organizing retail sale and purchase of Goods under the Contract.
10.1.2. Comply with the requirements of the legislation concerning the processing, transfer and protection of the Buyer's personal data, taking into account the provisions of the Privacy Policy posted on the Website.
10.1.3. Organize delivery of the Goods paid by the Buyer to the address specified by the Buyer when placing the Order.
10.2. The seller shall be entitled to:
10.2.1. Demand from the Buyer to fulfill the undertaken obligations in good faith, respectful attitude towards the Seller and other persons involved in the execution of the Contract.
10.2.2. At any time, at its discretion, to change and (or) supplement the terms of the Agreement by placing a new edition of the Offer on the Site in the section "Offer" https://acaciagallery.com/oferta_en.
10.2.3. Engage third parties - specialists, managers to achieve the objectives of the Offer Agreement. The Seller shall make every effort to protect the rights and interests of the Buyer from unlawful acts/ inactions of third parties in the performance of the Contract.
10.3. Buyer agrees to:
10.3.1. Independently ensure stable access to the Internet (from a personal computer, telephone).
10.3.2. After selection of the Goods, acceptance of the Offer and payment in full (partial) amount, provide the Seller with the actual information necessary for the Seller to promptly communicate with the Buyer within the framework of organization of retail sale of Goods under the Contract, namely: surname, name, patronymic, address, e-mail address, contact phone number, accounts in social networks and messengers.
10.3.3. Observe the rules of behavior in the process of the Contract execution and show respect to the Seller, other persons involved in the Contract execution.
10.3.4. Not to modify in any way the program part of the Site, not to perform actions aimed at changing the functioning and performance of the Site.
10.3.5. Do not post on the Site personal data of third parties without their consent, including, but not limited to, home addresses, telephone numbers, passport data, e-mail addresses.
10.3.6. Do not place commercial advertisements, commercial offers, propaganda information (including comment spam, i.e. mass mailing of advertising or any other nature to persons who have not expressed a desire to receive it) and any other intrusive information on the Site.
10.3.7. To independently monitor changes in the terms and conditions of the Offer on the Site. Continued use of the Site by the Buyer or ordering through the Site, by phone, social networks or messenger after changes and (or) additions to the Offer means that the Buyer has familiarized with the new version of the Offer and agrees with its terms and conditions.
10.4. Buyer has the right to:
10.4.1. Contact the Seller to provide information about the current status of the Order and the expected date of delivery.
10.4.2. Protect their rights in the ways defined by the Federal Law "On Protection of Consumer Rights" of 07.02.1992 N 2300-1.

11.LIABILITY OF THE PARTIES
11.1. The Seller shall not be liable for the inability to organize the purchase and sale of Goods to the Buyer for reasons beyond the Seller's control, namely: disruption of the Internet, equipment or software on the part of the Buyer.
11.2. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer when registering and placing an Order.
11.3. No information, materials and/or advice provided by the Seller in the performance of the Contract can be considered as guarantees. By making decisions on the basis of all information provided, the Buyer assumes full responsibility and risks associated with the use of information and materials, purchase/payment for the Goods provided by the Seller in the performance of its obligations under the Contract.
11.4. The Seller does not guarantee absolute uninterrupted organization of purchase and sale of Goods under the Contract despite the fact that the Seller takes all possible measures to prevent the above. In case of changes in the economic and political situation in the country and the world, natural disasters, sanctions, special military operation, covid-19, high alert mode, epidemic and other similar cases, as a result of which the achievement of the goals under the Contract may be difficult or impossible, in connection with which the Parties shall agree on new conditions (terms) for the delivery of the Goods or on the Buyer's refusal from such delivery.
11.5. The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations under the Contract for the period of force majeure. During this time the parties have no mutual claims and each party assumes its own risk of the consequences of force majeure. The Seller shall notify the Buyer of the occurrence of such circumstances by posting information on the Website and/or to the electronic mailbox specified by the Buyer when making the payment, and the Buyer shall send the Seller a letter to the e-mail address artgalleryacacia@gmail.com indicating "Force Majeure" in the Subject line.
11.6. By force majeure circumstances (force majeure) the Parties understand: fire, flood, earthquake, strikes and other natural disasters, special military operation, covid-19, war and hostilities, entry into force of regulatory legal acts and acts of application of law preventing the performance of obligations, forced urgent (unscheduled) hospitalization confirmed by documents, if the above circumstances are beyond the control of the Parties, preventing the performance of this Contract, and have arisen due to the following circumstances. The Buyer's lack of time for any reason to make payment, receive the Goods, including but not limited to: being on vacation, business trip, non-payment for access to the Internet, breakdown of the means of access to the Internet are not force majeure circumstances (force majeure).
11.7. Insolvency of the Parties shall not be a force majeure circumstance.
11.8. The Buyer is obliged not to allow dissemination by any means of inaccurate information about the Seller's activities, the quality of the Goods distributed, as well as information defaming the Seller's business reputation. For failure to comply with this clause, the Buyer shall be liable to a fine of 100,000 (one hundred thousand) rubles for each case established.
11.9. The Seller shall not be liable for any discrepancy between the Buyer's expectations and/or subjective assessment of the Seller's performance and the results of the Contract.
11.10. The Buyer shall be fully liable under the laws of the Russian Federation for the consequences resulting from the provision of inaccurate or knowingly false information and shall be liable for violation of the rights and interests of other persons as a result of such actions. The Buyer realizes and agrees that if it provides the Seller with inaccurate or knowingly false information, the Seller cannot guarantee the achievement of the Agreement's goals.
11.11. The Buyer shall be solely responsible for any errors made by the Buyer when paying for the Goods/Orders, including for any losses and other adverse consequences that may arise for the Buyer and/or third parties in case of incorrect indication of the payment destination.
11.12. In case of involvement of banks/credit organizations to achieve the goals of this Agreement, any questions about the work of such organizations, about the reasons for their actions or inaction shall be resolved between the Buyer and the bank/credit organization independently. The Seller shall be entitled to provide assistance in resolving such issues.
11.13. The Buyer shall be solely responsible for any consequences resulting from improper use by the Buyer of the Goods purchased on the Website or in the Seller's social networks, messengers.
11.14. If the Buyer violates the terms of payment for the Goods specified when placing the Order, the Seller shall be entitled to demand payment of a penalty in the amount of 0.1% of the value of the Goods for each day of delay in fulfillment of such obligation on the part of the Buyer.

12.CONTRACTUAL DISPUTE RESOLUTION
12.1. All disputes or disagreements arising between the Parties under the Contract or in connection therewith shall be settled by negotiations between the Parties.
12.2. All appeals and claims of the Buyer shall be sent to the e-mail address: artgalleryacacia@gmail.com or via WhatsApp messenger to the phone number: +7 (925) 333-4313.
12.3. In the claim it is necessary to specify the full name of the Buyer, the number and date of the order, the date of payment and the date of transfer of the Goods, as well as to describe the identified defects, the date and circumstances of their discovery. The claim must be accompanied by evidence of the circumstances referred to by the Buyer.
12.4. The Buyer's claims related to damage to orders shall be accepted provided that the fact of damage or deterioration of goods is recorded by the Buyer in the appropriate document (act, delivery note or other document) when receiving the goods at the place of delivery, in the presence of a courier in case of courier delivery or in the presence of a postal employee (delivery service).
12.5. To process a claim for damage to the Goods, the Buyer must:
- provide the contents of the Goods and the original packaging for inspection to the courier or postal (delivery service) employee to draw up a report;
- to notify the Seller and attach documents, in which the facts of damage to the goods are recorded, as well as photo/video materials, allowing to confirm the fact of damage.
12.6. The deadline for responding to the claim is ten (10) days.
12.7. The following contact information shall be used for correspondence in electronic form: on behalf of the Seller - e-mail address artgalleryacacia@gmail.com or WhatsApp messenger by phone number: +7 (925) 333-4313. On behalf of the Buyer - the e-mail address specified when paying for the Goods/ Orders. The Parties recognize correspondence from the said e-mail addresses as a condition of recognizing the e-mail address as a simple electronic signature. All notices and messages sent by the Parties to each other at the above e-mail addresses shall be recognized by the Parties as official correspondence under the Offer and may be used as proper evidence in legal proceedings.

13.PERSONAL DATA
13.1. The Buyer's personal data are processed by the Seller in accordance with the requirements of the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data", as well as the terms of the Personal Data Processing Policy published on the Website (https://acaciagallery.com).
13.2. The Buyer's consent to the processing of his personal data is given and confirmed by the Buyer by accepting the Offer.
13.3. The Buyer gives the Seller its consent to the collection, storage, transfer, destruction and processing of its personal data (namely: surname, name, patronymic, address, e-mail address, contact details, image, passport details (if necessary), including in the form of a copy of the main identity document).
13.4. The Buyer agrees to the use by the Seller of his personal data, including those specified and provided by him when registering on the Site and when making an Application for their processing (including but not limited to systematization, accumulation, storage, clarification, use, destruction), for the purposes of purchasing and delivery of Goods. The Buyer agrees that the Seller may transfer personal data to third parties solely for the purposes of fulfillment of obligations under this Agreement, including for the delivery of goods purchased by the Buyer.
13.5. Processing of personal data is performed for the purposes of the Seller's fulfillment of obligations under the Agreement, providing the Buyer with answers to questions, as well as sending information and advertising messages to the e-mail address specified by the Buyer during registration/order placement.
13.6. The Buyer may withdraw consent to the processing of personal data at any time by sending a relevant notice to the Seller at the following e-mail address: artgalleryacacia@gmail.com..
13.7. The Seller may use "cookies" technology. "Cookies" do not contain confidential information. The
Buyer hereby consents to the collection, analysis and use of cookies, including by third parties for the purposes of generating statistics and optimizing advertising messages.
13.8. The Seller receives information about the ip-address of the visitor of the Site. This information is not used to identify the visitor.
13.9. The Seller is not responsible for the information provided by the Buyer on the Site in a publicly available form.
13.10. The Seller shall be entitled to record telephone conversations, online (video) with the Buyer. In this case, the Seller undertakes to: prevent attempts of unauthorized access to information obtained during telephone conversations, online (video), and/or its transfer to third parties not directly related to the execution of Orders, in accordance with paragraph 4 of Article 16 of the Federal Law "On Information, Information Technologies and Information Protection".
13.11. By accepting the Offer, the Buyer has the right to consent or refuse to receive information and advertising materials from the Seller, or from other persons on behalf of the Seller to the e-mail address and contact phone number specified by the Buyer when placing Orders. Consent or refusal shall be made by the Buyer by ticking the appropriate boxes when placing an Order on the Website or by sending a corresponding notice to the Seller to the e-mail address: artgalleryacacia@gmail.com..
13.12. By accepting the Offer, the Buyer has the right to consent or refuse to receive sms-messages, as well as other types of mailings and notifications of an informational nature (oral and written), using any means of communication, including but not limited to the following: e-mail, telephone, postal mailings. Consent or refusal shall be made by the Buyer by ticking the appropriate boxes when placing an Order on the Site or by sending a notice to the Seller to the e-mail address: artgalleryacacia@gmail.com.
13.13. Taking into account that this consent is necessary for correct execution of the Agreement by the
Seller and correct functioning of the Site, in case of withdrawal of consent under this clause, the
Seller shall be entitled to terminate the Agreement unilaterally (out of court) or restrict access to the Site.
13.14. By accepting the Offer, the Buyer shall have the right to express consent or prohibition for the Seller to use the Buyer's feedback about the Seller, its activities and the quality of the Goods, left by the Buyer in the Seller's official groups, social networks, private chats and personal correspondence in WhatsApp messenger or on the Seller's website, in order to place such feedback on the Seller's official websites, in the Seller's information and promotional materials. This consent shall be valid from the date of conclusion of the Agreement.
13.15. By accepting the Offer, the Buyer shall have the right to express consent or refusal to the Seller to publicize and further use the Buyer's image in photo, video materials, as well as fixed in independent frames of such video materials, as well as fixed in any other objects of the image for the purpose of placing such image on the Seller's official websites, in the Seller's information and advertising materials and any other purposes related to the Seller's activities and not contrary to applicable law. This consent shall be valid from the date of conclusion of the Agreement and shall apply to any objects created by the Seller during the period of access to the Site by the Buyer, as well as received from the Buyer during this period.
13.16. Consent or refusal shall be made by the Buyer by ticking the appropriate boxes when placing an Order on the Site or by sending a corresponding notice to the Seller to the e-mail address: artgalleryacacia@gmail.com.

14.FINAL PROVISIONS
14.1. The Contract shall come into force from the moment of acceptance by the Buyer of its terms and conditions and shall remain in force until the Parties fulfill their obligations in full.
14.2. The Contract shall be governed by and construed in accordance with the laws of the Russian Federation.
14.3. In the event that one or more provisions of the Contract are for any reason invalid, unenforceable, such invalidity shall not affect the validity of any other provision of the Contract and the Contract shall be construed as if it did not contain such invalid provision.
14.4. Sections of the Website and documents referenced in the Agreement are an integral part thereof.
14.5. By accepting the Offer, the Buyer agrees to receive information by e-mail, WhatsApp messenger, short text messages (SMS) about all events held by the Seller, their terms and conditions, financial conditions and other information, regardless of the validity period of the Offer. In this case, the Buyer has the right to unsubscribe at any time by notifying the Seller by sending an e-mail to the following e-mail address: artgalleryacacia@gmail.com. In this case, the Buyer shall be responsible for not receiving the information.
14.6. In all other matters not provided for in the Agreement, the Parties shall be governed by the laws of the Russian Federation.

15.SELLER DETAILS
INDIVIDUAL ENTREPRENEUR
Individual entrepreneur Valery Vadimovich Sidorov
OGRIP 316774600425140
TIN 420536335676
R/s 40802810402620000763
in JSC "ALFA-BANK", Moscow
To/from 30101810200000000593
BIC 044525593
Tel: +7 (925) 333-4313
e-mail: artgalleryacacia@gmail.com