PUBLIC OFFER
for the conclusion of a sales contract
1. General Provisions
This Public Offer contains the terms and conditions of conclusion of the Sale and Purchase Agreement (hereinafter referred to as the “Sale and Purchase Agreement” and/or the “Agreement”). This Offer is an offer addressed to one or more specific persons, which is sufficiently definite and expresses the intention of the person who made the offer to consider himself to conclude the Contract with the addressee who will accept the offer. Performance of the actions specified in this Offer is a confirmation of the consent of both Parties to conclude a Purchase and Sale Agreement on the terms, in the manner and to the extent set forth in this Offer.
The following text of the Public Offer is an official public offer of the Seller addressed to the interested circle of persons to conclude the Sale and Purchase Agreement in accordance with the provisions of paragraph 2 of Article 437, paragraph 2 of the Civil Code of the Russian Federation.
The Sale and Purchase Agreement shall be deemed concluded and shall become effective from the moment of performance by the Parties of the actions stipulated in this Offer and signifying unconditional as well as full acceptance of all conditions of this Offer without any exceptions or limitations on the terms of accession.
Terms and Definitions:
Contract − the text of this Offer with the Appendices, which are an integral part of this Offer, accepted by the Buyer by performing the conclusory actions provided by this Offer.
Conclusory actions are behaviors that express consent to the counterparty’s offer to conclude, modify or terminate the contract. Actions consist in full or partial fulfillment of the conditions offered by the counterparty.
Seller’s website in the Internet is a set of programs for electronic computers and other information contained in the information system, access to which is provided through the Internet by the domain name and network address: https://sbg-team.ru/.
Parties to the Agreement (Parties) − Seller and Buyer.
Goods − the goods under the sale and purchase agreement may be any things subject to the rules stipulated by Article 129 of the Civil Code of the Russian Federation.
2. Subject of the Contract
2.1. Under this Agreement the Seller undertakes to transfer the thing (Goods) into the ownership of the Buyer, and the Buyer undertakes to accept the Goods and pay a certain sum of money for them.
2.2. The name, quantity and assortment of the Goods, their cost, delivery procedure and other conditions shall be determined on the basis of the Seller’s information when making an application by the Buyer, or shall be established on the Seller’s website.
2.3. Acceptance of this Offer shall be expressed in the performance of conclusory actions, in particular:
- actions related to the registration of an account on the Seller’s website, if there is a need to register an account;
- by compiling and filling out an application for placing an order for the Goods;
- by communicating the information required for the conclusion of the Agreement by phone, e-mail, indicated on the Seller’s website, including the Seller’s return call at the Buyer’s request;
- payment for the Goods by the Buyer.
This list is not exhaustive, there may be other actions that clearly express the person’s intention to accept the counterparty’s offer.
3. Rights and obligations of the Parties
3.1. The Seller’s rights and obligations:
3.1.1. The Seller shall have the right to demand payment for the Goods and their delivery in the manner and on the terms and conditions stipulated in the Contract;
3.1.2. Refuse to conclude the Contract on the basis of this Offer to the Buyer in case of its bad faith behavior, in particular, in case of:
- more than 2 (two) rejections of Goods of proper quality within a year;
- provision of knowingly unreliable personal information;
- return of Goods damaged or used by the Buyer;
- other cases of bad faith behavior indicating that the Buyer concluded the Contract with the purpose of abusing his rights and the absence of the usual economic purpose of the Contract – the purchase of Goods.
3.1.3. The Seller undertakes to transfer to the Buyer the Goods of proper quality and in proper packaging;
3.1.4. Transfer the Goods free from the rights of third parties;
3.1.5. Organize delivery of the Goods to the Buyer;
3.1.6. Provide the Buyer with all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;
3.2. The Buyer’s rights and obligations:
3.2.1. The Buyer has the right to demand transfer of the Goods in the order and on the terms and conditions stipulated in the Agreement.
3.2.2. The Buyer has the right to use the Works provided by the Seller for personal purposes, namely: download, read the text partially or fully, listen to the audio recording in part or separate fragments, convert the Works into any text and audio formats, if it is required for personal reading and listening.
3.2.3. Accept and pay for the Goods in accordance with the terms and conditions of the Agreement;
3.2.4. The Buyer warrants that he/she understands all the terms and conditions of the Contract; the Buyer accepts the terms and conditions without reservations and in full.
3.2.5. The Buyer is prohibited to:
Copy, distribute the Works or parts thereof on any material media and in any material form for the purpose of further gain from the distribution;
- Copy, distribute the Works or parts thereof on any material media and in any material form for the purpose of further gain from the distribution;
- Modify, copy or in any way transform texts or audio recordings and use them for your own purposes;
- Forward or transfer the Works to third parties, either in part or in full;
- Not use the Works in the media without the written permission of the copyright holder.
- Hack or carry out interference actions that cause damage to the Works, the site or the rights holders;
- Post the obtained Works in whole or in part on the Internet (or other digital networks) by yourself or with the help of third parties, including mobile applications, websites, etc.);
- Carry out any other actions in relation to the use of the Works that violate the laws of the Russian Federation.
4. Price and settlement procedure
4.1. The price and the procedure of payment for the Goods shall be determined on the basis of the Seller’s information when the Buyer makes an application, or shall be set on the Seller’s website: https://sbg-team.ru/.
4.2. All settlements under the Contract shall be made on a cashless basis.
5. Exchange and return of Goods
5.1. The Buyer has the right to return (exchange) to the Seller the Goods purchased remotely within 14 calendar days, if the goods have not been forwarded to a third party or to their other electronic mailboxes, opened, downloaded and read partially or completely through any information reader.
5.2. The Goods – audiobook or e-book cannot be returned if it has already been forwarded to the Buyer’s e-mail account, downloaded or listened to in part or in full, unless file defects preventing its playback or reading are identified.
6. Privacy and Security
6.1. When implementing this Agreement, the Parties shall ensure confidentiality and security of personal data in accordance with the current version of the Federal Law dated 27.07.2006 No. 152-FL “On Personal Data” and the Federal Law dated 27.07.2006 No. 149-FL “On Information, Information Technologies and Information Protection”.
6.2. The Parties undertake to keep confidentiality of the information received in the course of execution of this Agreement and to take all possible measures to protect the received information from disclosure.
6.3. Confidential information means any information transferred by the Seller and the Buyer in the course of realization of the Contract and subject to protection, exceptions are specified below.
6.4. Such information may be contained in local regulatory acts, agreements, letters, reports, analytical materials, research results, schemes, schedules, specifications and other documents provided by the Seller both on paper and electronic media.
7. Force Majeure
7.1. The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations under the Contract, if the proper fulfillment was impossible due to force majeure, i.e. extraordinary and unavoidable under the given conditions’ circumstances, which means: prohibited actions of the authorities, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.
7.2. In case of occurrence of such circumstances, the Party shall notify the other Party thereof within 30 (Thirty) business days.
7.3. The document issued by the authorized state body shall be sufficient evidence of the existence and duration of force majeure.
7.4. If the force majeure continues for more than 60 (Sixty) business days, each Party shall have the right to unilaterally cancel this Agreement.
8. Responsibility of the Parties
8.1. In case of non-fulfillment and/or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the terms of this Offer.
8.2. The Party that has failed to fulfill or improperly fulfilled its obligations under the Contract shall be obliged to compensate the other Party for the losses caused by such violations.
9. Term of validity of this Offer
9.1 The Offer comes into force from the moment of its placement on the Seller’s Website and is valid until its withdrawal by the Seller.
9.2 The Seller reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its discretion. Information about changes or withdrawal of the Offer shall be communicated to the Buyer at the Seller’s option by posting on the Seller’s website in the Internet, in the Buyer’s Personal Office, or by sending a notice to the e-mail or postal address specified by the Buyer when concluding the Contract or in the course of its execution.
9.3 The Contract shall come into force from the moment of Acceptance of the terms of this Offer by the Buyer and shall remain in force until the Parties fulfill their obligations under the Contract in full.
9.4 Changes made by the Seller to the Contract and published on the website in the form of an updated Offer shall be deemed to be accepted by the Buyer in full.
10. Additional terms and conditions
10.1 The Contract, its conclusion and performance shall be governed by the current legislation of the Russian Federation. All issues not settled by this Offer or not fully settled shall be regulated in accordance with the substantive law of the Russian Federation.
10.2 In case of any dispute that may arise between the Parties in the course of fulfillment of their obligations under the Contract concluded under the terms of this Offer, the Parties shall be obliged to settle the dispute amicably before the court proceedings. Judicial proceedings shall be carried out in accordance with the legislation of the Russian Federation.
Disputes or disagreements on which the Parties have not reached an agreement shall be resolved in accordance with the legislation of the Russian Federation. Pre-trial dispute settlement procedure is mandatory.
10.3 The Parties have determined the Russian language as the language of the Contract concluded under the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, provision of requirements / notices / clarifications, provision of documents, etc.).
10.4 All documents to be provided in accordance with the terms of this Offer shall be drawn up in Russian or have a duly certified translation into Russian.
10.5 Inaction of one of the Parties in case of violation of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, and also does not mean the waiver of its rights in case one of the Parties commits similar or similar violations in the future.
10.6 If the Seller’s Website contains links to other third party websites and materials, such links are for information purposes only and the Seller has no control over the content of such websites or materials. The Seller shall not be liable for any loss or damage that may arise from the use of such links.
11. Seller’s details
Full Name:
TIN:
TRRC (KPP):
OGRN:
Contact e-mail: