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Offer (public) on the conclusion of an agency contract

This document represents the official offer of FLN LLC to conclude an agency agreement on the conditions set out below.

1. Terms and Definitions

1.1. In this document, interrelated with this document, the legal relations of the Parties apply the following terms and definitions: 

1.1.1. Public offer, Offer- the content of this document with attachments (additions, changes) to the documents, published on the Internet resource (website) on the Internet at the address: https://floristum.ru/info/oferta/.

1.1.2.Contract (Agency Agreement / Contract) - an agreement, with the attachment of mandatory documents, concluded between the Seller and the Agent on the terms of the offer set forth in this agreement.

1.1.3. Services - these are provided agency services under the concluded Contract, on the terms of this offer.

1.1.4. Agent - LLC FLN.

1.1.5. Seller - A person / User who has completed and passed the registration procedure on the website as a "Store" status, who uses, has used or has the intention to use the functionality of the website and / or the Service provided on its basis to search for potential Buyers, signing (conclusion) with Buyers of agreements / transactions, and acceptance in terms of payment for the execution of agreements / transactions.

1.1.6. Deal - a transaction for the purchase of the Goods (goods), concluded with a potential Buyer (Agent) on behalf of the Seller, or on its own behalf, with the attachment of all related mandatory documents. The conclusion of the transaction and its execution is carried out in the manner and on the conditions determined by the public offer on the conclusion of the purchase and sale agreement.

1.1.7. Buyer - A person / User who uses, has used or has intentions to use the functionality of the website and / or the Service provided on its basis to review, select and purchase (purchase) the Goods.

1.1.8. Product - flowers in bouquets, flowers per piece, packaging, postcards, toys, souvenirs, other goods and services that the Seller offers to the Buyer.

1.1.9. Potential Buyer Order - containing all the essential requirements for concluding a Transaction, an order for the purchase of a Product (group of Products), issued by a potential Buyer by choosing a Product from the general assortment offered by the Seller for purchase, as well as filling out a special form on a specific page of the Website.

1.1.10. Offer Acceptance - acceptance of an irrevocable Offer through the actions performed by the Seller, reflected in paragraph 9 of the Offer, entailing the conclusion (signing) of an Agreement between the Agent and the relevant Seller.

1.1.11. Website / Site - interconnected information system located on the Internet at the following address: https://floristum.ru

1.1.12. Service  - combining the Site and the information / content published on it, provided for access using the Platform.

1.1.13. Platform - Agent software and hardware integrated with the Site.

1.1.14. Private Office - the personal page of the Seller's Website, to which the latter gains access after the corresponding registration or authorization on the Website. The personal account is intended for storing information, posting information about the Goods on the Website, accepting Orders from potential Buyers, familiarizing with the statistics of transactions made, about the progress of the Agent's received tasks, and receiving notifications in the order of notification.

1.2. In this Offer, the use of terms and definitions that are not defined in clause 1.1 is possible. of this Offer. In such circumstances, the interpretation of the corresponding term is carried out in accordance with the content and text of this Offer. In the absence of a clear and unambiguous interpretation of the relevant term or definition in the text of this Offer, it is necessary to be guided by the presentation of the text: First, the documents preceding the concluded Agreement between the Parties; Secondly, by the current legislation of the Russian Federation, and subsequently by business customs and scientific doctrine.

1.3. All references in this Offer to a clause, provision or section and / or their conditions, means the corresponding link to this Offer, its section set forth, and / or their conditions.

2. Subject of the Agreement

2.1. The Seller instructs, and the Agent, in turn, undertakes an obligation for a certain fee to perform the following legal and other actual actions (hereinafter referred to as the Services, agency services) on its own behalf, but at the expense of the Seller or on behalf and at the expense of the Seller:

2.1.1. Provide the technical ability to place and / or distribute by the Seller information about the Product (group of products) using the Website, including the creation of information objects and maintaining a separate section of the Website (Store profile);

2.1.2. Conclusion of the Transaction through the use of the Service with potential Buyers in the manner and on the terms determined by the Public Offer regarding the conclusion of the contract of sale.

2.1.3. Accept payment from Buyers for concluded Transactions.

2.1.4. To carry out the acceptance and consideration of claims (claims) received from the Buyers regarding non-fulfillment, improper performance by the Seller of obligations assumed on the basis of the Transaction;

2.1.5. Perform the execution of the Seller’s obligations regarding the return of funds to the Buyers established by the concluded Transactions.

2.1.6. Carry out also other obligations stipulated by the Transaction and binding documents.

2.2. The parties determined that the Transaction with the Buyer is considered to be concluded by the Agent on its own behalf in the event that the Buyer is a legal entity under the concluded Transaction, and the order received from the Buyer provides for payment for the Goods by bank transfer. In all other circumstances, the Transaction with the Buyer shall be deemed to be concluded by the Agent on behalf of the Seller.

2.3. The Seller authorizes the Agent to take all necessary actions to execute the order under the Agreement.

3. General conditions of the Agreement

3.1. An integral condition for the conclusion of the Agreement between the Parties is the unconditional acceptance and ensuring compliance by the Seller of the requirements and provisions applicable to the relations of the Parties under the Agreement, established by the following documents ("Mandatory Documents"):

3.1.1. Terms of useposted and / or available on the Internet at https://floristum.ru/info/terms/containing the requirements (conditions) of registration on the Website, as well as the conditions for using the Service;

3.1.2. Privacy Policyposted and / or available on the Internet at https://floristum.ru/info/privacy/, and including the rules for the provision and use of personal information of the Seller and the Buyer.

3.1.3. Public offer to conclude a contract of sale - posted and / or available on the Internet at the address https://floristum.ru/info/agreement/ the Agent’s offer of intent to conclude a Transaction, including mandatory requirements (conditions) on which transactions are concluded and executed using the Service.

3.2. Set out in paragraph 3.1. of this Offer, documents binding on the Parties are an integral part of the agreement concluded between the parties in accordance with this Offer of the Agreement.

3.3. The reliable and full provision of information about the Seller’s Product is an unconditional and mandatory requirement for the provision of agency services under the Agreement. If the Seller has not fully provided the information (filled out the sections provided on the Site), but also provided false information or in violation of the rules and conditions of this Offer, The agent has the right to suspend or refuse to provide services under the Agreement.

3.4. The Seller's task is considered to be duly completed if the Agent is provided with the necessary, reliable information and materials specified on the corresponding page of the Website (Personal Account), including the complete filling by the Seller of the sections provided for describing the Seller's goods and services (creating the relevant information objects), including: composition, name, photo of the product, its price, dimensions (dimensions) of the Product, terms of the Buyer's Order (delivery of the Product).

3.5. This Offer includes an exhaustive list of Seller's instructions for the Agent. The Agent has the right, but is not obliged to accept the orders of the Seller, as well as its recommendations for their implementation, provided to the Agent outside the orders executed in the manner and on the conditions established by this Offer.

4. Rights and obligations of the parties

4.1.The agent assumes the following obligations:

4.1.1. Perform tasks received from the Seller in accordance with the Agreement and Mandatory Documents, as well as the requirements of the current legislation of the Russian Federation.

4.1.2. To provide the conditions and technical capabilities for the placement and / or distribution by the Seller of information about his goods using the Website.

4.1.3. Timely transfer for the Seller orders received from Buyers.

4.1.4. At the request of the Seller, send him reports on the tasks (orders) of the Seller (sales of goods).

4.1.5. To transfer funds to the Seller that were actually received by the Agent from Buyers as payment for concluded Transactions in the manner and amount determined by the Agreement.

4.2. Agent Rights:

4.2.1. The Agent has the right to make an offer to Buyers to purchase the Goods and conclude a Transaction at the cost of the Goods higher than that determined by the Seller. The additional benefit (cash) received as a result of such actions and the concluded Transaction is the property of the Agent in full. 

4.2.2. Upon receipt of approval from the Seller, the Agent is entitled to implement bonus programs, providing discounts for Buyers at the Seller’s expense, including by concluding Transactions at the cost of the Goods lower than that determined by the Seller. The seller gives his agreement to participate in the relevant bonus programs and discounts by registering in the seller’s personal account.

4.2.3. The Agent has the right to request from the Seller the provision of all the information (information) necessary for the execution of the Agreement, the necessary documents, as well as the implementation of any other assistance to the Agent in fulfilling its obligations;

4.2.4. The Agent has the right to suspend the provision of Services under the Agreement for a while due to the occurrence of technical, technological and other reasons that impede the provision of its services by the Agent until the relevant obstacles are removed.

4.2.5. The Agent has the right to refuse or suspend the provision of its Services in case of violation of the procedure and deadline for providing the Agent with the proper form and volume of materials, information, information necessary for the provision of the Services by the Agent, provision of inaccurate materials, information, information, or delay in payment for the Services and / or expenses incurred, the presence of obvious circumstances that indicate that the seller will not fulfill its obligations within a specified time period, as well as in other cases of non-performance or inadequate zhaschego performance by Seller of its obligations and warranties hereunder.

4.2.6. The Agent is entitled without notice to the Seller, in the manner and terms provided for by this Offer, to make changes in the unilateral (out-of-court) procedure of the conditions of this Offer, reflected in the Offer Mandatory documents.

4.2.7. The Agent also has the right to exercise other rights provided for by this Offer, Mandatory documents, as well as the current legislation of the Russian Federation.

4.3.Seller Obligations:

4.3.1. The Seller is obliged to fully and properly comply with the terms of the Transactions concluded with the Buyers by the Agent, not to violate the delivery time of the Goods, and also to allow the actual condition of the goods to differ from the description of the Goods posted on the Site.

4.3.2. The Seller undertakes to fully provide the Agent with reliable information about the Goods when completing the assignment for the Agent, and also within a period not exceeding 2 (two) business days from the date the Agent sends the corresponding information request.

4.3.3. The seller is obliged to check the information and documents sent to the Agent during the formation of the task, including the created information objects, until the relevant acceptance is made;

4.3.4. The Seller is obliged, upon request of the Agent, not later than 3 (Three) business days from the date of sending the Agent’s request to provide him with the necessary documents (duly certified copies) that confirm that the Seller has complied with the applicable requirements of the current legislation of the Russian Federation.

4.3.5. The Seller is obliged to post information and offer the Goods for sale using the Service at the cost of the Goods, not exceeding the value indicated by the Seller on other Internet sites (resources).

4.3.6. The seller is obliged to monitor the relevance of his assortment of goods, to suspend the distribution and / or posting on the website of the relevant information about the goods, the delivery of which cannot be carried out by the seller to the buyer for any reason.

4.3.7. The seller undertakes to ensure the confidentiality of the Buyer's personal data in accordance with the current legislation of the Russian Federation in the relevant field.

4.3.8. The Seller undertakes, without the involvement of the Agent, to resolve all incoming claims from Buyers that are related to the Goods being sold, as well as their delivery.

4.3.9. The Seller is also obliged to check the notifications received on the Website from the Agent, including verification in the Seller’s Personal Account, as well as at the Seller’s email address specified during the execution of the task for the Agent, to monitor and control the incoming information about the progress of the execution of the Seller’s instructions.

4.3.10. The seller is obliged to comply with all conditions of the Agreement, Mandatory documents, as well as the requirements of the current legislation of the Russian Federation,

4.3.11. The seller undertakes to fulfill other obligations stipulated by the Agreement, Mandatory documents and relevant legislation of the Russian Federation.

4.4. Seller Rights:

4.4.1. The Seller has the right to require the Agent to fulfill its obligations under the Agreement in an appropriate manner;

4.4.2. The Seller has the right to request from the Agent to provide reports on the execution of received tasks (instructions) of the Seller;

4.4.3. The seller has the right at any time to suspend the placement and / or distribution of information about the Goods using the Site.

4.4.4. The seller has the right to change the value of the goods. Prices amended by the Seller come into force from the date and time of their publication on the Website.

4.4.5. The Seller has the right to unilaterally declare a refusal to execute the Agreement in the cases provided for by this Offer, as well as by the current legislation of the Russian Federation;

4.4.6. The seller has the right to exercise other rights provided for by the Agreement, Mandatory documents and current legislation of the Russian Federation.

5. Agent remuneration and settlement procedure

5.1. Agent's remuneration for the Services under the Agreement shall be paid in the following order:

5.1.1. 20 (Twenty percent)% of the value of the Goods that were purchased by the Buyer through the use of the Service, unless a different amount of the Agent’s fee was established by this section or by an additional agreement of the Parties;

5.1.2. 10 (Ten percent)% of the value of the Goods, which are ordered by the piece using the corresponding function of the Website "Order by the piece";

5.1.6. To determine the remuneration of the Agent in accordance with clauses 5.1.1.-5.1.5. of this Offer, the price of the Goods is used, which is indicated by the Seller when completing the task (order) to the Agent.

5.2. When the Agent concludes a transaction with the Buyer at the cost of the Goods higher than that determined by the Seller, the additional benefit received as a result of such actions and the concluded Transaction is the property of the Agent and comes into its possession in full.

5.3. Due to the application of the simplified taxation system by the Agent (Articles 346.12, 346.13 and Chapter No. 26.2 of the Tax Code of the Russian Federation), the Agent's remuneration is not subject to value added tax.

5.4. Agent's remuneration, as well as additional benefits, shall be withheld by the Agent from the payment amounts received by the Agent from Buyers in payment accounts for Transactions. In the event that the Buyer pays the transaction directly to the Seller (example: in cash upon receipt of the Goods), the Agent's remuneration shall be paid by the Seller to the Agent no later than 7 (seven) banking days from the date of invoice for payment by the Agent.

5.5. The payment for the Goods received from the Buyers is subject to transfer by the Agent to the Seller minus the Agent’s remuneration, as well as additional benefits no later than 7 (seven) banking days from the date of the request for the Seller to withdraw funds from the account in the Seller’s personal account on the Site https://floristum.ru

5.6. If the Buyer has requested the refund of the payment made for the Goods under the completed Transaction, but the Agent has not satisfied the specified requirement, as a result, the payment received for the Goods minus the Agent’s remuneration and additional benefits must be transferred to the Seller no later than 3 (three) banking days from the date making a decision to refuse the Buyer's requirements.

5.7. Payments under the Agreement are made using payment services and / or bank details reflected on the Site when completing the task.

6. Act of services rendered

6.1. The Agent provides the Seller with a report on the completed assignment under the Agreement (hereinafter referred to as the "Report") in accordance with the Agent's form. The Report reflects information about the services rendered, executed Transactions, the amount of the Agent's remuneration and the funds transferred and / or required to be transferred to the Seller as payment for the executed Transactions.

6.2. According to the Agreement, a calendar month is a reporting period (hereinafter the "Reporting period").

6.3. The Parties confirm that the information on the Services rendered, the amount of the Agent’s remuneration, additional payments and expenses, the amount of funds to be transferred to the Seller under the concluded Transactions are reflected on the basis of the information of the Agent’s internal accounting system in the corresponding Report.

6.4. The act on the services rendered is sent to the Seller through electronic document management in electronic form at the Agent’s choice: by e-mail and / or in your personal account. The Seller has the right to request a copy of the Certificate of Services rendered on paper with the signature and seal (if any) of the Agent at the location of the Agent. The Seller has the right to request at his own expense to make a copy of the Certificate of rendered services and send by Russian Post to the address indicated by the Seller when registering on the Site.

6.5. The act on the services rendered is sent by the Agent to the Seller no later than 5 business days after the expiration of the relevant reporting period.

6.6. After 5 (five) calendar days from the date of receipt of the Act on the services rendered, the Seller must familiarize themselves with the act. In the event that there are comments on the Certificate of Services rendered, the Seller in writing sends the Agent motivated objections signed by an authorized person and sealed with the Seller’s seal before the expiration of the period provided for familiarization.

6.7. In the absence of the Seller’s motivated objections to the Act on the services rendered received by the Agent in a timely manner, the Agent’s Services are deemed to be provided properly and in full, accepted by the Seller without comment and disagreement from the date indicated in the Act on the services provided. The act of services rendered in this case has full legal force.

6.8. The Act on the services provided by the Agent is a document sufficient to confirm the fact of the provision of the Services and a certain amount of the Agent's remuneration.

7. Warranties and liability of the parties

7.1. The Agent provides a guarantee within a reasonable time to take the necessary measures to eliminate the identified failures, errors in the Service during the execution of the Seller’s task.

7.2. All guarantees that the Agent provides are limited by clause 7.1 of this Offer. The Agent does not provide any other guarantees directly or indirectly related to this Offer, Agreement and Transaction, including does not guarantee the uninterrupted and error-free operation of the Website and the Service, the volume of Orders, as well as the integrity of the Buyer.

7.3. Seller Warranty:

7.3.1. The Seller guarantees that the information on the Goods provided to the Agent and posted on the Site is fully true, and the information on the cost of the Goods reflected on the Site does not exceed the cost of the Goods reflected on other Internet resources when posting information about the Goods.

7.3.2. The seller guarantees that he has all the necessary permissions (licenses) of the relevant state bodies for the sale of goods by the seller, or guarantees that the sale of goods in accordance with the requirements of the current legislation of the Russian Federation does not require a special permit / license / certificate. The seller guarantees that he has carried out all other necessary actions in accordance with the current legislation of the Russian Federation in order to carry out activities by the seller of goods;

7.3.3. The seller guarantees that the materials (information) provided to him in order to fulfill the obligations of the Contract assigned to him by the Agent fully comply with applicable law, including legislation on advertising and competition, do not violate the rights and legitimate interests, as well as property and / or personal non-property rights of third persons, including without limitation of copyright and related rights, to trademarks, service marks and appellations of origin of goods, rights to industrial designs, use of images Nij people (alive / dead), Seller warrants that it has received all the necessary permits and feature relevant treaties.

7.3.4. The seller gives a guarantee that he fully understands and accepts the conditions that the Buyer has the right to refuse to receive the Goods and pay them (in case of payment in cash to the courier service) in view of any kind of circumstances, including claims to the delivered Goods or occurrence of unfair actions (omissions) of the Buyer. The Agent, in turn, is not responsible for the Buyer's corresponding refusal to receive and (or) pay for the Goods, and also does not bear any kinds of losses (lost profit, real damage, etc.) of the Seller due to the Buyer's refusal. In the event of the indicated circumstances, the Seller is aware that the payment received by the Agent from the Buyer for the Goods that the Buyer has refused is subject to return by the Agent to the Buyer without clarifying the circumstances and reasons for the refusal and / or justification.

7.3.5. The seller guarantees and is aware that when selling the Goods to consumers using the Service, special rules of the current legislation of the Russian Federation are applied (may apply), including the Rules for the remote sale of goods, as well as the Law on the Protection of Consumer Rights.

7.4. The agent is not responsible for:

7.4.1. The Agent shall not be liable for the consequences of non-performance or improper performance of this Agreement, in connection with the failure to provide or provide the Seller with documents (information), false information about himself (the Seller) that does not correspond to reality, the seller does not have the necessary documents for the sale of the goods, the seller violates guarantees , as well as other non-performance / improper performance by the Seller of its obligations under the Agreement.

7.4.2. The Agent shall not be liable for any losses incurred by the Seller (lost profits, actual damage, etc.) regardless of the circumstances of the Agent's performance or failure to take actions to prevent the occurrence of potential losses, including the availability of notifications of the possibility of such losses.

7.4.3. The Agent is not responsible for the unauthorized use by third parties of information about the Goods, including the image of the Goods posted and / or distributed by the Seller using the Site.

7.5. The parties agreed that under any circumstances the Agent’s liability is limited by the limit of the Agent’s remuneration actually received by him as a result of the seller’s task (part), from which the Agent’s liability follows.

8. Force Majeure

8.1. The parties are exempted from liability for partial or full failure to fulfill obligations under this agreement if it was a consequence of force majeure circumstances. Such circumstances are natural disasters, the adoption by state authorities and the administration of normative acts that impede the implementation of this agreement, as well as other events that are beyond the reasonable foresight and control of the parties.

In the event of force majeure circumstances, the term for the parties to fulfill their obligations under this Agreement is postponed for the duration of these circumstances or their consequences, but not more than 30 (Thirty) calendar days. If such circumstances last more than 30 days, the Parties have the right to decide to suspend or terminate the Agreement, which is formalized by an additional agreement to this Agreement.

9. Acceptance of the Offer and conclusion of the Agreement

9.1. Upon acceptance by the Seller of this Offer, the Seller generates the conclusion of an Agreement between the Agent and the Seller on the terms of this Offer in accordance with the current legislation of the Russian Federation (Articles 433, 438 of the Civil Code of the Russian Federation).

9.2. The offer is considered accepted upon acceptance by the Seller in the event that the following actions are taken together:

9.2.1. Registration by the Seller on the Website with the selected status "Shop", as well as providing during such registration the necessary information about the Seller, including payment details;

9.2.2. The Seller completes the necessary sections in terms of the description of the Goods, as well as the accompanying services of the Seller (creation of information objects), including the name, composition, photo, price, dimensions (dimensions) of the Goods, as well as the deadline for fulfilling the Buyer's Order (delivery of the Goods).

9.3. The agreement between the Seller and the Agent is considered concluded from the date and time of receipt of the Offer Acceptance by the Agent.

10. Validity and amendment of the Offer

10.1. The Offer takes effect from the date and time of its posting on the Agent’s Website and is valid until the date and time the Agent withdraws the specified Offer.

10.2. The Agent at any time at its discretion has the right to unilaterally amend the conditions of the Offer and / or withdraw the Offer. Information about the changes made or revocation of the Offer shall be sent to the Seller at the Agent’s choice by posting information on the Agent’s Website, in the Seller’s Personal Account, or by sending a notification to the Seller’s email or postal address, which was reflected when concluding the Agreement, as well as during execution.

10.3. Provided that the Offer is revoked or amendments are made to it, such changes shall enter into force from the date and time of the Seller’s notification thereof, unless otherwise specified and in the Offer or in an additional sent message.

10.4. The Mandatory documents reflected in such an Offer are amended / supplemented or approved by the Agent at its discretion, and are brought to the attention of the Seller in the manner specified for the relevant notifications of the Seller.

11. Duration of the Agreement, its amendment and termination

11.1. The Agreement shall enter into force on the date and time the Seller accepts the Offer, and continues for an indefinite period.

11.2. As a result of the withdrawal by the Agent of the Offer during the term of the Agreement, the Agreement shall be subject to the terms of the Offer, drawn up in the latest edition with the relevant Mandatory documents.

11.3. The contract may be amended for the following reasons:

11.3.1. Due to the agreement reached between the Parties.

11.3.2. On the basis of the Agent’s initiative, by sending a message to the Seller about the amendments no later than 15 (fifteen) calendar days prior to their effective date, provided that this Offer provides.

If the Seller objects to the changes proposed by the Agent, the Seller has the right to declare refusal to execute the Agreement by sending the Agent a written notice signed by an authorized person and sealed, in the manner specified in clause 11.4.3. actual agreement.

11.4. The contract may be terminated:

11.4.1. Due to the agreement reached between the Parties;

11.4.2. In the event of a unilateral pre-trial refusal of the Agent to fulfill the Agreement in part or in full as a result of violation by the Seller of its obligations or guarantees determined by this Offer. The Agent's notification of refusal to execute the Agreement is sent to the Seller in writing 3 (three) business days prior to the expected date of termination of the Agreement. In this case, the Seller undertakes to reimburse the Agent for all damages in excess of the penalty.

11.4.3. On the initiative of any of the Parties by unilateral refusal to execute it in part or in full, provided that the other Party is sent a written notice signed by an authorized person and sealed no later than 7 (Seven) business days before the expected date of termination of the Agreement. In this case, the Seller undertakes to pay for the Agent's Services rendered by the time of termination of the Agreement, additional benefits, expenses in full.

11.4.4. Due to other grounds provided for by the legislation of the Russian Federation and this Agreement.

11.5. Financial settlements between the Parties are made within 5 (Five) banking days from the date of termination of the Agreement.

11.6. A partial refusal to fulfill the Agreement can be expressed in the form of a refusal to fulfill the Agreement in relation to a certain Product.

11.7. In the event of a unilateral refusal to execute the Agreement, the Agreement shall accordingly be considered terminated in full or in the relevant part from the date the deadlines for this notice expire.

11.8. Termination (termination) of this Agreement does not relieve the parties from liability for non-fulfillment and / or improper performance of obligations under it, which took place before the termination of the Agreement, including the obligations regarding guarantees, confidentiality, settlements.

12. Terms of confidentiality

12.1. The Parties have agreed to keep the conditions and contents of each concluded Agreement confidential and confidential, as well as all information received by the Parties when concluding / executing such an Agreement (hereinafter Confidential Information). Parties are forbidden to disclose / disclose / publish or otherwise provide this kind of information to third parties without the prior written permission of the Party transmitting this information.

12.2. Each Party is required to take the necessary measures to protect the Confidential Information with the same degree of care and prudence if this Confidential Information were its own. Access to Confidential Information will be carried out only by employees of each of the Parties, the validity of which is determined in order to fulfill their duties in order to fulfill the Agreement. Each of the Parties shall oblige its employees to take all necessary similar measures, as well as obligations in order to ensure the safety of Confidential Information, which are defined for the Parties by this Offer.

12.3. In the presence of the Seller’s personal data, their processing is carried out in accordance with the Agent’s Privacy Policy.

12.4. The agent has the right to request additional information necessary for him, including copies of identification documents, registration certificates and constituent documents, credit cards, if necessary, verify the information about the Seller or to prevent fraudulent activities. If such additional information is provided to the Agent, its protection and use shall be carried out in accordance with clause 12.3. Offers.

12.5. Obligations to keep Confidential Information confidential are valid for the duration of the Agreement, as well as for 5 (Five) subsequent years from the date of termination (termination) of the Agreement, unless otherwise specified in writing by the Parties.

13. Agreement on the analogue of a handwritten signature

13.1. At the conclusion of the contract, as well as in the course of the need to send notifications under the Contract, the Parties have the right to use facsimile reproduction of the signature or a simple electronic signature.

13.2. The Parties agreed that during the execution of the Agreement between the Parties, the exchange of documents by fax or e-mail is allowed. At the same time, documents transmitted using these methods have full legal force, subject to the availability of confirmation of delivery of the message including them to the recipient.

13.3. If the Parties use e-mail, the document sent with its help is considered to be signed by a simple electronic signature of the sender, created using his e-mail address.

13.4. As a result of using e-mail to send an electronic document, the recipient of such a document determines the signer of such a document using the e-mail address he used.

13.5. When the Seller enters into an Agreement that has passed the necessary registration procedure on the Website, the procedure for applying a simple electronic signature by the Parties is regulated, including by the User Agreement, concluded by the Seller during registration.

13.6. By mutual agreement of the Parties, electronic documents signed with a simple electronic signature are considered equivalent documents on paper, signed by hand.

13.7. All actions committed in the course of the relationship between the Parties through the use of a simple electronic signature of the respective Party shall be considered committed by that Party.

13.8. The parties undertake to ensure the confidentiality of the electronic signature key. At the same time, the Seller is not entitled to transfer his registration information (login and password) or to provide access to his e-mail to third parties, the Seller is fully responsible for their safety and individual use, independently determining how to store them, as well as restricting access to them.

13.9. As a result of unauthorized access to the Seller’s login and password, or their loss (disclosure) to third parties, the Seller undertakes to immediately notify the Agent in writing by sending an email from the email address provided by the Seller on the Website.

13.10. As a result of loss or unauthorized access to the e-mail address which was indicated by the Seller on the Website, the Seller undertakes to immediately replace this address with a new address, and also immediately notify the Agent of the fact by sending an email from the new address Email.

14. Final provisions

14.1. The contract, the procedure for its conclusion, as well as execution are regulated by the current legislation of the Russian Federation. All issues that were not settled by this Offer or settled in part (not in full) are subject to regulation in accordance with the substantive law of the Russian Federation.

14.2. Disputes related to this Offer and / or under the Agreement are resolved through the exchange of letters of claim and the appropriate procedure. In case of failure to reach agreement between the Parties, the dispute will be submitted to the court at the location of the Agent.

14.3. Unless otherwise specified in the Offer, all notifications, letters, messages under the Agreement may be sent by one Party to the other Party using the following methods: 1) by e-mail: a) from the Agent's e-mail address specified in section 15 of the Offer, if the recipient is the Seller to the Seller's email address specified by him when completing the assignment, or in his Personal Account, and b) to the Agent's email address specified in section 15 of the Offer, from the email address specified by the Seller when filling out the Assignment or in his Personal cabinet; 2) sending an electronic notification to the Seller in the Personal Account; 3) by mail by registered mail with acknowledgment of receipt or by courier service with confirmation of delivery to the addressee.

14.4. In the event that one or more of the provisions of this Offer / Agreement for various reasons are invalid, not legally binding, such invalidity does not affect the validity of the other part of the provisions of the Offer / Agreement, which remain in force.

14.5. The parties have the right, without going beyond and not contradicting the conditions of the Offer, at any time to draw up the concluded Agency Agreement in the form of a written paper document, the contents of which must be in force at the time of its execution of the Offer, reflected in the Offer of Mandatory documents and the executed Order (assignment )

15. Agent details

Name: COMPANY WITH LIMITED LIABILITY "FLN"




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