Public offer agreement

  1. Terms & Definitions
    In this offer, unless the context otherwise requires, the following terms have the following meanings and are an integral part of this offer:
    1. Public offer ("Offer") — a public offer by the Seller, addressed to an indefinite circle of persons, to conclude with the Seller a remote product sales agreement ("Agreement") on the terms and conditions contained in this Offer, including all Appendices.
    2. Seller — TeslaCloud Studios.
      The seller is registered in the Russian Federation.
      Name: Terentyev Matvey Yuryevich.
      TIN: 781302533617.
      Contact Information.
    3. Buyer — any individual who accepts the Offer.
    4. Online Store (the "Store") — the official online store of the Seller, located at https://teslacloud.net.
    5. Product — the object of the parties' agreement, a list of assortment items presented in the official Store.
    6. Terms of Sale — the rules for the sale of Products in the Store, as published in the "Terms and rules" section.
  2. General provisions
    1. This Offer is an official offer of the Store to any individual or legal entity who has the legal capacity and the necessary authority to conclude a contract for the sale of the Products with the Store under the conditions specified in this Offer, and contains all the existing terms of the agreement.
    2. Relations in the field of consumer protection are governed by the Civil Code of the Russian Federation, the Law "On Consumer Rights Protection" and other laws and legal acts of the Russian Federation adopted in accordance with them.
  3. Subject of the Agreement and the cost of the Product
    1. The Seller transfers, and the Buyer accepts and pays for the Products under the terms of this agreement.
    2. The prices for the Products are determined by the Seller unilaterally and indisputably and are indicated on the pages of the Store.
    3. The price of the Products is indicated in Russian rubles or euros, with subsequent conversion into Russian rubles at the official rate of the Central Bank of the Russian Federation at the time of payment.
    4. Screenshots presented on the Product page may not correspond to the type of the final product.
  4. Checkout
    1. The order of the Products is carried out by the Buyer through the "Purchase" button on the Product page.
    2. When placing an Order on the Store website, the Buyer undertakes to provide the following registration information:
      1. Surname and name of the Buyer or the person (recipient) indicated by him.
      2. Email, which should be used to deliver the confirmation of payment.
      3. Contact information.
    3. If the Seller needs additional information, he has the right to request it from the Buyer. If the Buyer fails to provide the necessary information, the Seller is not responsible for the selected Product.
    4. The Buyer's acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data into the registration form on the Store's website. After placing an order through the Store, data about the Buyer is registered in the Seller's database. Having approved the order of the selected products, the Buyer pays for its on his own, and, after confirming the payment, receives it on the website.
    5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing an order.
    6. The buyer is responsible and the accuracy of the information provided when placing an order.
    7. The remote sale and purchase agreement between the Seller and the Buyer is considered concluded from the moment the Seller receives a message about payment for the Products.
  5. The moment of the conclusion of the agreement
    1. Acceptance of this Offer is the Buyer's placing an order in the Store in accordance with the terms of this Offer.
    2. The agreement concluded on the basis of the Buyer's acceptance of this Offer is an adhesion agreement to which the Buyer accedes without any exceptions and / or reservations.
    3. The fact of placing an order by the Buyer is an unconditional fact of acceptance by the Buyer of the terms of this Offer, including the Buyer's consent to send him email messages about the status of his order and surveys to improve the quality of service for Buyers. The Buyer who purchased the Products in the Store is considered as a person who entered into a relationship with the Seller on the terms of this Offer.
  6. Rights and obligations of the parties
    1. The seller undertakes:
      1. From the moment of the conclusion of the agreement, fully ensure all obligations to the Buyer in accordance with the terms of this contract and current legislation. The Seller reserves the right to default on obligations under the contract in the event of force majeure obligations specified in clause 9 of the Offer.
      2. Process the Buyer's personal data and ensure their confidentiality in the manner prescribed by the current legislation.
    2. The seller has the right:
      1. Change this agreement, the cost of Products and tariffs for related services, methods and terms of payment and delivery of Products unilaterally, by placing them on the pages of the Store. All changes take effect immediately after publication and are considered to be brought to the attention of the Buyer.
      2. Transfer your rights and obligations to fulfill the agreement to third parties without the consent of the Buyer.
      3. Use "cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties.
      4. Receive information about the IP address of a visitor to the Store website. This information is not used for identification purposes and is not transferable to third parties.
      5. Send advertising and information messages to the Buyer via email newsletters with information about discounts, promotions, etc. The frequency of mailings is determined by the Seller unilaterally.
      6. Unilaterally cancel the Buyer's order if the Buyer violates clause 6.3.4 of this Offer.
      7. Change the terms of the promotions posted on the Store's website unilaterally without the Buyer's consent by posting such changes on the Store's website.
    3. The buyer undertakes:
      1. Before the conclusion of the contract, familiarize himself with the content and conditions of the Offer and the cost of the Products offered by the Seller in the Store.
      2. In fulfillment by the Seller of its obligations to the Buyer, the Buyer must provide all the necessary information that uniquely identifies him as the Buyer.
      3. Stop distributing the product to third parties (copyright protection). It is prohibited to resell and / or distribute purchased software products, files and information anywhere on the Internet. If the fact of distribution of the Products is established, the Seller has the right to block the user account and revoke the licenses.
      4. If the Buyer, when placing an order, specifies a non-cash method of payment for the order (by bank card or electronic payment system), then the Buyer is obliged to pay for his Order within 24 hours from the moment of placing the order.
      5. Comply with the Rules of Sale
    4. The buyer has the right:
      1. Unsubscribe from receiving email newsletters by clicking on the corresponding link in one of these mailing lists.
  7. Receiving Products
    1. Delivery of Products to the Buyer is carried out within the terms agreed by the Parties upon confirmation of the order by the Seller and the conditions set forth in the Rules of Sale. If the buyer does not receive the order within the agreed period, the Seller has the right to cancel the order without further informing the Client. If the order is canceled, the funds are returned to the buyer within the time period established by law.
    2. After receiving the order, claims regarding the quantity, completeness and type of the Product are not accepted.
  8. Offer revocation
    1. The revocation of the Offer (Agreement) can be carried out by the Seller at any time, but this is not the basis for the refusal of the Seller's obligations under the agreements already concluded. The Seller undertakes to place a notice of the revocation of the Offer in its Store indicating the exact time of the revocation of the Offer, at least 12 hours before the onset of the event of revocation (suspension) of the Offer.
  9. Force Majeure
    1. Either party is released from liability for full or partial failure to fulfill its obligations under this agreement, if this failure was caused by force majeure circumstances that arose after the signing of this agreement.
      "Force majeure circumstances" means extraordinary events or circumstances, which such a party could not have foreseen and / or prevented in any way available to it. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, hostilities, actions of Russian or foreign government agencies, as well as any other circumstances beyond the reasonable control of either party.
      Changes in applicable law or regulations that directly or indirectly affect either party are not considered to be a compelling style of circumstances, however, if such changes are made that prevent either party from fulfilling any of its obligations under this agreement, The parties are obliged to immediately decide on the procedure for working to eliminate this problem in order to ensure that the parties continue to fulfill this agreement.
  10. Responsibility of the parties
    1. For non-fulfillment or improper fulfillment of the terms of this Agreement, the parties are responsible in accordance with the legislation of the Russian Federation.
    2. All textual information and graphics posted in the Store have the legal copyright holder. Illegal use of this information and images is prosecuted in accordance with the current legislation of the Russian Federation.
  11. Offer validity period
    1. The term of the Offer is not limited, unless otherwise indicated on the Store website.
  12. Other conditions
    1. All disputes related to non-fulfillment or improper fulfillment of their obligations under this agreement, the parties will try to resolve during negotiations.
    2. If no agreement is reached during the negotiations, disputes will be resolved in court in accordance with the current legislation of the Russian Federation.
    3. Distribution and copying of materials is prohibited, according to the legislation of the Russian Federation.
    4. Alteration of the copyright of intellectual property is prohibited.
    5. The software may collect server data that you use globally, such as IP address, port, server name.
    6. Information can be stored on a remote server in accordance with the law "On the protection of personal data". Please note that the mechanics of collecting information from each author may differ, but only the data specified in clause 12.5 that you use publicly on the global Internet is collected.
    7. Before deploying a copy of the Product, you must provide the address (URL) at which You will use the License. This URL must be kept up-to-date. You may create additional test installations for the purpose of testing the Software. Any test installation of this kind must be password protected, installed at a URL that makes the testing purpose clear, not used for production purposes and access to it must be limited to You.
    8. The product code can be encrypted.
    9. Carefully read the text of the public offer, if you do not agree with any clause of the offer, you have the right to refuse to purchase the Products provided by the Seller and not take the actions specified in clause 2.1 of this Offer.
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