OOO "RAMMKA" / RAMMKA Limited Liability Company, represented by its Head Manager, Irina Mikhailovna Naumova, hereinafter referred to as the Service Provider, on the one part, hereby publishes the present Public Offer Agreement on the provision of Services (hereinafter referred to as the Agreement), being an offer to a third party (hereinafter referred to as the Customer) in accordance with Paragraph 2 Article 437 of the Civil Code of the Russian Federation.
1. TERMS AND DEFINITIONS
1.1. Website – information resource owned by the Service Provider and published on the Internet at the following address: www.rammka.ru
1.2. Customer – individual who is registered on the Website and who addresses the Service Provider with an order in accordance with the terms of the Agreement; who posts their Products on the Service Provider's Website and is the Seller.
1.3. Service Provider – legal entity providing services to the Customer under the Agreement.
1.4. Agreement – current Public Offer Agreement concluded between the Customer and the Service Provider about the terms of services selected on the Service Provider's Website, by way of accepting this Agreement.
1.5. Author – individual whose creative activity led to the creation of a visual work of art (hereinafter also referred to as the Artwork).
1.6. Owner – individual who owns the Artwork.
1.7. Product – digital copies or original Artwork posted by their Authors or Owners.
1.8. Services – intermediary services for the sale of Products (via the Service Provider's Website) posted by the Products' Authors or Owners.
1.9. Buyer – registered website user who buys Products from the Customer via the Service Provider's Website.
1.10. Customer's personal account – software interface on the Website designed for remote interaction between the Customer and the Service Provider under the Agreement. It contains information about the Customer, their acceptance of the terms of Service provision, as well as other important information available to the Customer after their authorization upon entering valid username and password.
2. SUBJECT OF THE AGREEMENT
2.1. The Service Provider shall undertake to perform the Services on behalf of the Customer, and the Customer shall accept and pay for the Services provided, in accordance with the terms of this Agreement.
2.2. The Services provided by the Service Provider shall be selected by the Customer from the list published on the Website.
3. PROCEDURE FOR THE CONCLUSION OF THE AGREEMENT. AGREEMENT VALIDITY PERIOD
3.1. In accordance with Article 438 of the Civil Code of the Russian Federation, proper and irrevocable conclusion of the Agreement means Customer's placement of their Products on the Service Provider's Website.
3.2. The Agreement shall come into force from the moment the Customer places their Product on the Website and shall be valid until the Parties fulfill their obligations under the Agreement.
3.3. The Agreement may be terminated by the Parties upon their mutual consent at any time.
3.4. The Service Provider may unilaterally terminate the Agreement and refuse to perform it if the Customer repeatedly violates the Agreement and/or the Rules posted by the Service Provider on the Website.
4. SETTLEMENTS AND PAYMENTS UNDER THE AGREEMENT
4.1. The Funds from the purchase of Products by the Buyers shall be credited to the Service Provider's current account, but are not their own income, since these funds are the payment for the Product that belongs to the Customer.
4.2. These funds shall be transferred to the Customer after the deduction of the following amounts:
4.2.1. 3.5 (Three point five) percent of the total amount of the Product sold – as a compensation for the expenses on bank fees and other settlement operations;
4.2.2. 30 (Thirty) percent of the total amount of the Product sold when selling the Customer's original Artwork – as the Service Provider's remuneration;
4.2.2. 50 (Fifty) percent of the total amount of the Product sold when selling a digital copy of the Customer's Artwork – as the Service Provider's remuneration;
4.3. The Service Provider shall withhold the funds ought to be transferred to the Customer until the Buyer confirms their receipt of the Product, and then shall transfer the funds to the Customer minus the amounts specified in Clause 4.2 of this Agreement.
4.4. The Customer shall independently pay all taxes related to the receipt of income as a result of the cooperation under the Agreement, as well as shall solely bear all responsibility for any violations in this regard.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Customer shall agree and undertake to:
5.1.1. Comply with the Terms of the Agreement.
5.1.2. Post their Artwork on the Website, provided they clearly and irrevocably own the right to post this Artwork. If the above-mentioned right is being disputed, the Customer shall settle the issue on their own and compensate the Service Provider for all possible losses related to this situation.
5.1.3. Inform the Service Provider of the information (including own personal data) that the Service Provider needs in order to provide the Customer with the Services and fulfill other obligations established by the Agreement and the current legislation of the Russian Federation.
5.1.4. Independently monitor any and all updates to the information posted on the Service Provider's Website, including the changes to the terms of Service provision, changes to the text of the Agreement and any other materials that are directly or indirectly related to the provision of Services (or affecting them). The Customer shall be denied the right to refer to the lack of awareness of these changes, if such changes are posted on the Service Provider's Website.
5.1.5. Guarantee the proper quality of the Product to the Buyer.
5.1.6. Dispatch the Product on their own and at their own expense, as well as inform the Buyer of the parcel tracking number so that they can control the delivery of the Product.
5.1.7. Ensure they fully meet their obligations as the seller of the Product.
5.2. The Customer shall be entitled to:
5.2.1. Receive the Service, provided they pay for it.
5.2.2. Send requests to the Service Provider regarding the Agreement and the provision of Services.
5.3. The Service Provider shall agree and undertake to:
5.3.1. Comply with the Terms of the Agreement.
5.3.2. Look into the requests received.
5.3.3. Post valid and updated information on the Website.
6. TERMS OF PROVISION OF SERVICES
6.1. The Service Provider shall send information about the received payment from the Buyer to the Customer via a notification in the Customer's personal account.
6.2. Once the notification is sent to the Customer, the Customer becomes responsible for sending the Product within and no later than 2 business days after the payment notification receipt, and providing the parcel tracking number to the Buyer in their personal account.
6.3. The Services are deemed rendered from the moment when the Buyer confirms their receipt of the Product, or within 3 (three) days after the delivery company's notification of the Buyer's receipt of the Product.
7. LIABILITY OF THE PARTIES
7.1. The Customer sjall be fully responsible for the quality, authenticity and compliance of the Product with its description posted on the Website.
7.2. Each of the Parties shall be independently responsible for their own actions under the Agreement and in connection therewith. The Service Provider shall never bear any responsibility for any actions or violations of the law on the part of the Customer.
8. DISPUTE RESOLUTION PROCEDURE
8.1. All disputes or disagreements arising between the Parties under the Agreement or in connection therewith shall be resolved by negotiations between the Parties.
8.2. The Parties have agreed that if it is impossible to resolve disputes through negotiations, such disputes shall be subject to review at the appropriate court of the judicial system of the Russian Federation at the Service Provider's location.
8.3. Issues not regulated by the Agreement shall be governed by laws and other legal acts of the Russian Federation, including relevant legal acts adopted by the subjects of the Russian Federation and local self-government bodies at the Service Provider's location.
9. ADDITIONAL TERMS AND CONDITIONS
9.1. Having entered into the Agreement, the Customer, in accordance with Federal Law No. 152-FZ "On Personal Data" dd. 27.07.2006, shall give the Service Provider their consent to the collection, storage and processing (including automated processing) of information related to the personal data (hereinafter referred to as the Personal Data) belonging to the Customer or a third party in whose interests the Customer enters into the Agreement (surname, first name, patronymic, registration address, place of residence, contact phone numbers, e-mail addresses), including the collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer), depersonalization, blocking or destruction of Personal Data. Personal Data processing is done in order to fulfill contractual obligations to the Customer, as well as to inform the Customer about any changes in the terms of Service provision.
9.2. The Customer shall give their consent in relation to the processing of the Personal Data up to the end of retention of the relevant information or documents containing the above information (determined in accordance with the legislation of the Russian Federation). This consent may be later on withdrawn by the Customer by means of their notifying the Service Provider in writing thereof not less than 3 (three) months prior to the date of the consent withdrawal. Such withdrawal of consent to the Personal Data processing shall automatically mean the unilateral refusal of the Customer's Services.
10. FINAL PROVISIONS
10.1. All requests to the Service Provider must be sent by the Customer in writing by courier service with a mandatory certificate of contents, or by registered letter with statement of value and delivery notification, unless a different procedure for sending such requests is specifically provided for in the terms of the Agreement.
10.2. The Parties have agreed that the notifications and other documents under the Agreement are considered received by the Party on the day of their actual receipt – confirmed by the delivery service report, signature of the authorized person or the date of the correspondence arrival at the post office for its further delivery to the addressee (in case of the addressee's departure or evasion from receiving the correspondence). If notifications are sent via fax or by means of electronic communication, including via the Customer's personal account, all such notifications, documents and other information are considered received by the Party on the day they are sent.
11. SERVICE PROVIDER'S DETAILS
OOO "RAMMKA" / "RAMMKA" LIMITED LIABILITY COMPANY
Head Manager: Irina Mikhailovna Naumova, private entrepreneur
Taxpayer Identification Number / INN: 9731005339
Principal State Registration Number / OGRN: 1187746635570
Registered address: ul. Osennyaya, d. 16, k. 48, Moscow, 121614.
E-mail address: email@example.com
Phone: +7 (908)994-76-12