Moscow _________________ 2022
Sole proprietor Shishkova Viktoria Andreevna, acting on the basis of the State Registration Certificate series ______ No. ________________ (OGRNIP _____________________) and hereinafter referred to as the "Seller", on the one hand, and
Any interested person who has accepted this Public Offer placed in on the Internet at: https://artflood.gallery/en-offer
, and hereinafter referred to as the "Buyer",
hereinafter collectively referred to as the "Parties", guided by the provisions of Article 437 of the Civil Code of the Russian Federation, have concluded this Public Offer Agreement (hereinafter - "Agreement") on the following:1 SUBJECT OF THE AGREEMENT.
1.1 The Seller undertakes to transfer the Artwork to the Buyer's ownership (the "Artwork" in this Agreement means one or more works of art acquired under this Agreement), and the Buyer undertakes to accept the Artwork and pay for it the amount of money specified in this Agreement.
1.2 At the time of transfer of the Artwork, the Parties draw up and sign the Acceptance and Transfer Certificate of the Artwork containing the following information: name, year of creation, size, cost and other characteristics of the Artwork agreed by the Parties. From the moment of its signing by both Parties, this Act becomes an integral part of this Agreement.
1.3 The Seller is authorized to conclude a transaction for the sale of the Artwork by the Authors of the Artistic Works on the basis of the relevant Agency Agreementsconcluded between the Seller and the Authors of the Artistic Works.2 OBLIGATIONS OF THE PARTIES.
2.1 The Seller:
2.1.1 undertakes to transfer the Artwork to the Buyer under this Agreement within ten working days from the date of the Buyer's payment for the Artwork in full (unless otherwise agreed at the time of ordering the Artwork on the Seller's website:https://artflood.gallery/en
2.1.2 The Seller's obligation on the transfer of the Artistic work is considered completed from the date of signing by the Parties of the Acceptance and Transfer Certificate of the Artistic Work.The
2.1.3 Seller guarantees the Buyer the absence of any restrictions (encumbrances) known to the Seller in relation to the transferred Artwork.The Seller transfers the Artwork free from any property rights and claims of third parties, which the Parties could not have been unaware of at the time of concluding this Agreement.As of the date of concluding this Agreement, the Seller is aware that the Artwork transferred to the Buyer has not been sold to anyone, not pledged, in dispute and under arrest does not consist.
2.1.4 Delivery options for the Artwork (to be agreed upon when placing an order):
22.214.171.124 Delivery by courier across the territory of Moscow and the Moscow Region is carried out within ten working days from the date of receipt of funds to the Seller's account. In case of payment for Artworks upon receipt, delivery is carried out within ten working days from the date of placing the order on the Seller's website: https://artflood.gallery/en
. The cost of delivery is from 2,000 (Two thousand) rubles with an order amount up to 100,000 (One hundred thousand) rubles. If the order value exceeds 100,000 (one hundred thousand) rubles, delivery is free of charge.
126.96.36.199 Delivery outside the Moscow region is carried out by a courier service with which the Seller has an agreement, on the terms and conditions agreed with the Buyer. The cost and terms of delivery are reported to the Buyer within two working days from the date of placing the order.
2.2.1 undertakes to accept and pay for the Artwork and its delivery in accordance with the terms of this Agreement.
2.2.2 Payment is made in the manner prescribed by Section 3 of this Agreement.
2.2.3 When accepting the Artwork from the Seller or a courier service, the Buyer checks the characteristics of the Artwork for compliance with the Transfer and Acceptance Certificate.
2.2.4 If a third party, on the grounds that arose before the execution of this Agreement, files a claim against the Buyer for the seizure of the Artistic Work, the Buyer shall involve the Seller in resolving the issue. The Buyer's failure to involve the Seller in the case releases the Seller from liability to the Buyer.
2.2.5 The Buyer has the right to return the purchased Artwork to the Seller within five working days from the date of receipt of it from the Seller, provided that there is no damage. At the same time, Artworks created to order, copies, as well as circulation works (including prints and photographs printed by order of the Buyer) are not subject to return.
2.2.6 Delivery of the Artwork when ordering is paid by the Buyer. Delivery of the Artwork upon return is carried out forces and means of the Seller.3 ORDER OF CALCULATIONS.
3.1 The total cost of the Artwork, payable by the Buyer to the Seller under this Agreement, is indicated in the Transfer and Acceptance Certificate.
3.2 The Buyer pays to the Seller specified in clause 3.1. of this Agreement, funds within One day from the date of conclusion of this Agreement (unless otherwise agreed at the time of placing the order on the Seller's website: https://artflood.gallery/en
3.3 The Buyer's payment obligations are considered fulfilled from the date of receipt of funds to the Seller's bank account or from the date of receipt of cash by the Seller.
3.4 If the Buyer fails to fulfill the obligation to pay for the Artwork or other obligations under this Agreement within the established time limits, the Seller has the right to refuse to execute this Agreement and terminate it.4 COPYRIGHT TRANSFER. RESPONSIBILITY OF THE PARTIES.
4.1 The Seller grants the Buyer exclusive copyrights to use the Artwork transferred to the Buyer in accordance with this Agreement.
4.2 Under this Agreement, the Seller grants the Buyer the following rights without territorial limitation:
- the right to publicly display, publish and distribute the acquired Artwork in any way;
- the right to process and reproduce the Artistic Work;
- the right to publish the Artwork, to present it in any form or by any means to an indefinite circle of persons;
- the right to import the Artwork for distribution purposes;
- the right to publicly use the Artwork and demonstrate it for informational, advertising and other purposes;
- the right to assign on contractual terms the rights obtained under this Agreement to third parties.
4.3 The above exclusive rights to the Artwork are transferred by the Seller to the Buyer from the date of signing by the Parties of the Acceptance and Transfer Certificate of the Artwork and subject to the full fulfillment by the Buyer of its obligations, including the obligation to pay the cost of the Artwork.
4.4 The Seller shall not be liable to the Buyer for the risks associated with improper execution of documents confirming the legal use of trademarks, images and other intellectual property in connection with the sale of the Artwork, since the Artwork was created by the author specified in the Transfer and Acceptance Certificate under this Agreement. Issues related to the availability of proper documents in relation to the Artwork, the legality of its creation, the use of objects of intellectual activity, the distribution of the Artwork and other related issues are subject to settlement between the Buyer and the author directly, specified in the Transfer and Acceptance Certificate.
4.5 The Seller shall not be liable to the Buyer in connection with the possible deterioration in the quality of the Artwork after its transfer to the Buyer (including, but not limited to: tarnishing, fading, changing the tone of the image, and so on), which may be due to the techniqueof execution of the Artwork and / or conditions its exposure, storage and/or operation.5 FINAL PROVISIONS.
5.1 All disputes and disagreements of the Parties arising in connection with the execution, modification, termination of this Agreement or in connection with this Agreement shall be referred to a court of general jurisdiction at the location of the Seller, in compliance with the mandatory preliminary claim procedure for resolving disputes. The term for consideration of the claim is Ten business days from the date of its receipt by the relevant Party.
5.2 In all other respects that are not specified in this Agreement, the Parties are guided by the current legislation of the Russian Federation.
5.3 This Agreement is considered concluded and becomes legally effective from the date of acceptance by the Buyer of this offer by forming an application for the purchase of the Artwork on the Seller's website: https://artflood.gallery/en
. The performance by the Buyer of actions related to the payment for Artistic Works also indicates the acceptance by the Buyer of this Offer on the conditions set forth in it.
5.4 This Agreement may be changed by the Seller without any special notice to the Buyer. The new version of the Agreement comes into force from the date of its posting on the Seller's website: https://artflood.gallery/en
, unless otherwise provided by the new version of the Agreement.SELLER'S DETAILS
Individual entrepreneur Shishkova Victoria Andreevna
TIN 771554081994 OGRNIP 320774600164667
Moscow, Shokalskogo, house 3, building 1
BIK 044525225 k/s 30101810400000000225