1. General Provisions
This public offer (the “Offer”) defines the terms of the sales agreement (the “Sales Agreement” or the “Agreement”). The Offer is an invitation addressed to any interested person that expresses the Seller’s intention to enter into the Agreement with each Buyer who accepts the Offer.
Performing the actions listed in Section 3 of the Offer confirms the Parties’ consent to conclude the Sales Agreement on the stated terms. The text of the Offer is an official public proposal of the Seller in accordance with Article 437(2) of the Civil Code of the Russian Federation. The Agreement is deemed concluded and effective once the Buyer performs the conclusive actions that evidence full and unconditional acceptance of the Offer.
2. Terms and Definitions
Agreement — the text of this Offer together with the Attachments that form its integral part, accepted by the Buyer through the conclusive actions specified in the Offer.
Conclusive actions — actions that unambiguously confirm a person’s consent to enter into, amend, or terminate an agreement, including the actual performance of the conditions proposed by the counterparty.
Seller’s Website — the set of software and data available at https://flowmetelev.com.
Parties — collectively, the Seller and the Buyer.
Goods — items that may lawfully circulate under Article 129 of the Civil Code of the Russian Federation.
3. Subject of the Agreement
3.1. The Seller undertakes to transfer the Goods into the Buyer’s ownership, and the Buyer undertakes to accept and pay for the Goods.
3.2. The name, quantity, assortment, price, delivery procedure, and other conditions are determined based on the Seller’s information when the Buyer places an order or as published on the Seller’s Website.
3.3. Acceptance of the Offer is expressed through the following conclusive actions:
- creating an account on the Website (if registration is required);
- preparing and submitting an order request for the Goods;
- providing the information necessary to conclude the Agreement by phone or email listed on the Website, including in response to the Seller’s callback request;
- paying for the Goods.
This list is not exhaustive and may include other actions that clearly indicate the intention to conclude the Agreement.
4. Rights and Obligations of the Parties
4.1. The Seller has the right to
- demand payment for the Goods and for delivery services under the Agreement;
- refuse to conclude the Agreement if the Buyer acts in bad faith, including when:
- the Buyer rejects Goods of proper quality more than twice within a year;
- the Buyer provides knowingly inaccurate personal data;
- the Buyer returns Goods that were damaged or used by the Buyer;
- other indications of abuse of rights are present and there is no legitimate economic purpose for the purchase.
4.2. The Seller undertakes to
- deliver Goods of proper quality and in appropriate packaging;
- ensure the Goods are free from third-party rights;
- arrange delivery of the Goods to the Buyer (if provided for in the order terms);
- provide all information required by Russian law and this Offer.
4.3. The Buyer has the right to
- request delivery of the Goods on the terms of the Agreement;
- obtain all information required by Russian law and this Offer;
- refuse the Goods in the cases and manner prescribed by Russian law and the Agreement.
4.4. The Buyer undertakes to
- provide accurate data necessary for proper performance of the Agreement;
- accept and pay for the Goods as stipulated in the Agreement;
- confirm that the Agreement terms are clear and accepted in full without reservations.
5. Price and Settlement Procedure
5.1. The price of the Goods and the payment procedure are determined based on the Seller’s information when the Buyer places an order or as specified on the Website.
5.2. All settlements under the Agreement are carried out via non-cash payment methods.
6. Exchange and Return of Goods
6.1. The Buyer may return or exchange Goods purchased remotely, except for Goods that cannot be returned under Russian law. Returns of Goods of proper and improper quality are governed by the Civil Code of the Russian Federation, the Law of the Russian Federation No. 2300-1 “On Consumer Protection” dated 07.02.1992, and the Rules approved by Government Decree No. 2463 dated 31.12.2020.
6.2. The Buyer’s request for an exchange or return is satisfied if the Goods were not used, retain their consumer properties, and the Buyer can confirm purchase from the Seller.
7. Confidentiality and Security
7.1. The Parties ensure confidentiality and security of personal data in accordance with Federal Laws No. 152-FZ “On Personal Data” and No. 149-FZ “On Information, Information Technologies and Information Protection” dated 27.07.2006.
7.2. The Parties shall keep confidential any information obtained in the course of fulfilling the Agreement and take measures to prevent unauthorized disclosure.
7.3. Confidential information includes any information exchanged between the Parties during performance of the Agreement, unless otherwise required by law. Such information may be contained in local regulations, agreements, letters, reports, research results, schemes, charts, specifications, and other documents on paper or electronic media.
8. Force Majeure
8.1. The Parties are released from liability for failure to perform the Agreement if performance is impossible due to force majeure events, including prohibitive actions of authorities, epidemics, blockades, embargoes, earthquakes, floods, fires, or other natural disasters.
8.2. The Party affected by force majeure must notify the other Party within 30 working days.
8.3. A document issued by a competent state authority is sufficient proof of the existence and duration of the force majeure event.
8.4. If force majeure lasts more than 60 working days, either Party may terminate the Agreement unilaterally.
9. Liability of the Parties
The Parties are liable for non-performance or improper performance of their obligations as set out in this Offer and under Russian law. The breaching Party must compensate the other Party for losses caused by such breaches.
10. Term of the Offer
10.1. The Offer becomes effective upon publication on the Seller’s Website and remains valid until revoked.
10.2. The Seller may amend the Offer or revoke it at any time by publishing the relevant information on the Website, in the Buyer’s personal account, or by sending a notice to the contact details provided by the Buyer.
10.3. The Agreement enters into force when the Buyer accepts the Offer and remains effective until both Parties fulfill their obligations in full.
10.4. Changes published by the Seller as an updated Offer are deemed accepted by the Buyer in full.
11. Additional Provisions
11.1. The Agreement is governed by the laws of the Russian Federation. Matters not covered by the Offer are resolved in accordance with Russian substantive law.
11.2. The Parties shall attempt to resolve disputes arising from performance of the Agreement through negotiations. Litigation is conducted in accordance with Russian law, and a pre-trial dispute resolution procedure is mandatory.
11.3. Russian is the language of the Agreement and all communications between the Parties. Documents submitted under the Offer must be in Russian or accompanied by a notarized translation into Russian.
11.4. The absence of immediate action in case of a breach of the Offer does not deprive the interested Party of the right to protect its interests later and does not constitute a waiver of rights regarding similar breaches in the future.
11.5. Links to third-party websites are provided for information only. The Seller does not control such websites and is not responsible for any losses or damage resulting from their use.
12. Seller’s Details
Full legal name: Metelev Dmitrii Sergeevic
Tax ID (INN): 591606386891
Phone: +7 995 865-86-65
E-mail: info@flowmetelev.com