Individual Entrepreneur Anastasia Borisovna Tovstonogova, OGRNIP 317774600349019, (hereinafter referred to as the "Seller") sells paintings, graphics, and other works of art (hereinafter referred to as the "Works"), posted on the website https://svetlanagolovina.ru
and (or) otherwise provided to a potential Buyer under the following standard terms and conditions, posted on the website https://svetlanagolovina.ru
and (or) sent to the potential Buyer by e-mail, provided by the Buyer (hereinafter referred to as the "Terms and Conditions of Sale") directly to natural persons and legal entities (hereinafter referred to as the "Buyer", together with the Seller – the "Parties"):
1. The Seller is (a) the owner of exclusive rights to the Works legally received by the Seller from the authors of the Works, or (b) a person duly authorised to act as agent for the authors of the Works with the right to dispose of exclusive rights to such Works on behalf of their authors.
2. Pursuant to the Terms and Conditions of Sale, the Seller undertakes to transfer to the Buyer exclusive rights to the Work and its tangible storage media, as described in the invoice for the purchase of the Work (hereinafter referred to as the "Invoice"), and the Buyer undertakes to accept and pay for the Work and exclusive rights to it.
3. Description of the Work includes its title, year (period) of creation, author's name, size, value, and may also include other characteristics.
4. The Seller guarantees that the Works are free from any restrictions (encumbrance) known to the Seller by third parties, that the Works are not pledged to anyone, are not in dispute, and are not under attachment.
5. The Buyer can send a request for the purchase of the Work by filling in the relevant form on the website https://svetlanagolovina.ru
or send an e-mail with the description of the Work from the catalogue, posted on the website https://svetlanagolovina.ru
to the Seller. The Seller's email address can be found in the contact details on the website https://svetlanagolovina.ru
6. Once the request has been processed by the Seller and the Parties have agreed on the price of the Work, the Seller issues an Invoice and sends it to the Buyer (by e-mail or messenger) to proceed with the payment for the Work.
7. The Buyer shall pay the invoice within five (5) working days from the date the invoice was sent by the Seller. Full payment of the Invoice constitutes acceptance of these Terms and Conditions of Sale in accordance with paragraph 3 of Art. 434 and Art. 438 of the Civil Code of the Russian Federation. Failure to pay the Invoice or any part thereof within the specified period shall invalidate the Buyer's request and the agreement to sell the Work specified in the Invoice shall in such event be deemed not to have been concluded.
8. The Buyer can pay the Invoice by bank transfer according to the details indicated in the Invoice or via the electronic link sent by the Seller, using any other method available in the relevant payment system used by the Seller on the date of the Invoice.
9. Before the deadline for payment of the invoice expires, the Buyer has the right to cancel the purchase by sending an e-mail to the Seller using the address indicated in the contact details on the website https://svetlanagolovina.ru
Withdrawal of the purchase order shall specify: the request number, the date and method of sending the request to the Seller, and the description of the Work. Upon receipt of the withdrawal of the purchase order by the Seller, the purchase shall be deemed cancelled and the contract for the sale of the Work specified in the Invoice shall in such a case be deemed not concluded.
10. The Buyer's obligation to pay the invoice shall be deemed fulfilled at the moment the money is credited to the Seller's account.
11. The Seller shell provide the Buyer with access to the place of storage of the Work for its collection or, if the relevant service and facilities are available, to arrange the delivery of the Work to the Buyer within five (5) working days from the date of the Invoice payment. Available delivery methods on the date of the invoice are provided on the website https://svetlanagolovina.ru
. The delivery costs are not included in the price of the Work and shall be paid separately. The shipping costs are shown as a separate line in the Invoice. The shipping costs are non-refundable. The delivery time is determined by the standards of the relevant delivery service.
12. In case of collection by the Buyer, the Seller and the Buyer shall sign an acceptance statement in the form of Appendix No. 1 to these Terms and Conditions of Sale (hereinafter referred to as the "Statement"). In case of delivery (if the service is available), a receipt/bill of lading with an inventory of the contents of the parcel, issued by the relevant delivery service shall serve as a confirmation that the Work is sent to the Buyer.
13. Shall a third party sue the Buyer for forfeiture of the Work for any reason prior to the performance of this Agreement, the Buyer shall engage the Seller in the proceedings and the Seller shall intervene in the proceedings. The Buyer's failure to engage the Seller shall relieve the Seller from liability to the Buyer if the Seller proves that, by engaging in the case, it could have prevented the seizure of the sold Work from the Buyer.
14. The Buyer shall inspect the work upon its receipt. In the event of any obvious defects not specified in the description of the Work, the Buyer shall notify either the Seller at the time of collecting the Work or the courier immediately upon receipt of the Work. The Seller is obliged to do its best to replace the Work according to the Buyer's wishes within ten (10) days. In case of a replacement agreed upon by the Parties, the payment made earlier shall be credited to the price of the new Work and the difference (if any) shall either be refunded to the Buyer (if the new Work is less expensive than the original Work) or paid by the Buyer (if the new Work is more expensive than the original Work). After acceptance of the Work, reports of defects in the Work accepted by the Buyer shall not be accepted.
15. The Buyer has a right to return the purchased Work to the Seller at any time prior to its receipt and within seven (7) days after its receipt, if the Work is not suitable for the Buyer for any reason and provided that the Work is undamaged and fully intact, except for customised works, copies, and works printed or customised for the Buyer. In order to return the Work, the Buyer shall send, within the period specified in this clause, an e-mail to the Seller's e-mail address specified in the contact details on the website https://svetlanagolovina.ru
, with "Return" in the subject line, including the description of the Work, the details of the Invoice, the reason for return and full Bank details of the Buyer for refunding the paid value of the Work. If all the conditions specified in this Clause are fulfilled, the Seller shall accept the returned Work and refund the price paid for it within five (5)
working days from the date of receipt of the returned Work by the Seller. The cost of the original delivery to the Buyer and the framing of the Work shall not be refunded upon the return of the Work. After seven (7) days from the receipt of the Work by the Buyer, the Work shall not be returned.
16. The Buyer shall pay for the return delivery of the Work in the event of returning the Work to the Seller. In this case, the Buyer shall be responsible for the safety of the Work during its delivery back to the Seller by the relevant delivery service. Alternatively, the Buyer may deliver and return the Work to the Seller in person at the storage location designated by the Seller in the e-mail to the Buyer.
17. Exclusive rights to the Work shall be transferred to the Buyer upon acceptance of these Terms and Conditions of Sale by payment of the Invoice.
18. The right of authorship, the right to title, and other personal non-property rights of the author are inalienable and belong to the authors of the Works (Art. 1228 of the Civil Code of the Russian Federation).
19. The Buyer shall be entitled to use the purchased Work in any manner not inconsistent with the law, including reselling it to third parties (hereinafter referred to as the "Resale").
20. In case of the resale of the original Work, the Buyer shall pay commission to the author of the Work in the amount specified in the Russian Government Decree No. 285dated 19 April 2008. In order to pay commission to the author of the Work, the Buyer shall contact the author via the author's e-mail address indicated in the description of the Work.
21. By accepting these Terms and Conditions of Sale, the Buyer acknowledges that the Buyer has been informed of all the qualities, dimensions, materials, storage requirements, the author of the Work, and the possible deterioration of the Work after its delivery to the Buyer (including but not limited to: fading, discolouration, change in shade of image etc.) which may be due to the performance technique and/or conditions of display, storage and/or handling of the Work.
22. All disputes and disagreements between the Parties arising in connection with the performance, amendment, and termination of the agreement to sell the Work shall be referred to the arbitration court at the location of the Seller. At the same time the preliminary claim procedure for dispute resolution is mandatory for the Parties, the claim consideration period is 20 (twenty) working days from the date of its receipt by the Party.
23. In all other cases not regulated by these Terms and Conditions of Sale, the Parties shall be governed by the laws of the Russian Federation.
24. These terms and conditions of Sale can be amended by the Seller at any time without special notice to the Buyer. A new version of the Terms and Conditions of Sale will take effect from the date of posting unless otherwise stipulated in the new version of the Terms and Conditions of Sale.
25. Details of the Seller:
Individual Entrepreneur A.B. Tovstonogova
Address: Moscow, ulitza Pavla Korchagina, 10, kv. 93
Telephone: +7 (495) 683 2238