PUBLIC OFFER AGREEMENT – Геймдев – это просто

PUBLIC OFFER AGREEMENT

PUBLIC OFFER AGREEMENT FOR THE SALE OF DIGITAL GOODS

  1. GENERAL PROVISIONS.

1.1. Sole Proprietor Psarev Evgeniy Yuryevich, hereinafter referred to as the “Seller” or the “Site Author,” publishes a Public Offer for the sale of digital goods presented on the Seller’s official website on the Internet https://fenixproduction.ru.

1.2. In accordance with Article 437 of the Civil Code of the Russian Federation (CC RF), this document is a public offer, and if the terms set forth below are accepted, an individual making acceptance of this offer shall make payment for the Goods in accordance with the terms of this Agreement. In accordance with Paragraph 3 of Article 438 of the CC RF, payment for the Goods by the Buyer constitutes acceptance of the offer, which is considered equivalent to concluding an Agreement on the terms set forth in this offer.

1.3. Based on the above, please carefully read the text of the public offer, and if you do not agree with any clause of this offer, you are invited to refuse the purchase of the Goods provided by the Seller.

1.4. In this offer, unless the context requires otherwise, the terms below shall have the following meanings:

Acceptance – the Buyer’s full and unconditional acceptance of the terms of the Agreement.

Offer – the Seller’s public proposal addressed to any individual (citizen) to conclude with him a sale and purchase agreement (hereinafter referred to as the “Agreement”) on the existing terms contained in the Agreement.

Buyer – an individual visitor to the Site who has concluded an Agreement with the Seller on the terms contained in the Agreement and who purchases Digital good(s).

Parties – the Seller and the Buyer, referred to together.

Site – an Internet platform размещенная in the Internet with the domain name fenixproduction.ru, constituting an online store containing the Seller’s cataloged assortment of goods.

Digital goods – a virtual product that is the subject matter of this agreement and has a completed form and is ready for use.

Access to materials – provision of the ability to view materials in audio, video, text, interactive and other formats, including as part of a complex work or database, on the website https://fenixproduction.ru.

Order – individual items from the assortment list of Digital goods specified by the Buyer when placing an application for receipt of the Digital goods.

Cart – a virtual tool serving for the convenient оформления of the process of purchasing digital goods on the Site. The Cart groups all goods that the Buyer intends to purchase

  1. SUBJECT OF THE AGREEMENT

2.1. The Seller sells Digital goods in accordance with the current price list published in the Seller’s online store on the Site, and the Buyer makes payment for and accepts the Goods in accordance with the terms of this Agreement.

2.2. The Seller supplies Digital goods exclusively in virtual form, by providing the right to download the goods via direct links on the Site.

2.3. This Agreement is the Seller’s official document.

  1. ORDER PLACEMENT

3.1. The Order for the Goods is carried out by the Buyer by submitting a duly completed form during the payment processing. All fields of the payment form must be completed. In the absence of the necessary information allowing the Buyer to be identified and the Goods to be sent to him, the Order will not be accepted by the Seller.

3.2. When placing the Order, the Buyer undertakes to provide the following information about himself/herself:

– Surname, First name.

– E-mail address.

3.3. The Buyer gives consent to the processing by the Seller of the Buyer’s personal data with or without the use of automation tools for a period of 1 (one) year. This consent of the Buyer applies to his/her name and e-mail address specified when placing the Order. Consent is granted for the performance of any actions in relation to personal data that are necessary for the proper execution of this Agreement, including without limitation: collection, systematization, accumulation, storage, clarification, use, distribution, blocking and destruction, as well as the performance of any other actions with personal data in accordance with the current legislation of the Russian Federation.

3.4. Payment by the Buyer of the Order placed on the website means the Buyer’s agreement with the terms of this Agreement. The day of payment for the Order is the date of conclusion of the sale and purchase agreement between the Seller and the Buyer.

3.5. If the Buyer has questions concerning the Goods, before placing the Order the Buyer must contact the Seller for consultation at the e-mail address fenixfromrus@gmail.com.

  1. ORDER PROCEDURE, TERMS AND DELIVERY PERIODS OF DIGITAL GOODS

4.1. Scenario for purchasing ready-made digital goods:

– Selection by the Buyer of suitable Digital good(s).

– Collection of Digital goods in the Cart.

– Order placement and Registration on the Payment page.

– Payment of 100% of the Order amount through online services on the “Payment Form” page.

– Change of the Order status to “Paid and delivered” after the Seller receives the full payment amount.

– Provision of links for downloading materials on the seller’s website https://fenixproduction.ru.

4.2. The Goods shall be deemed received by the Buyer, and the Seller’s obligation to provide links to the materials shall be deemed fulfilled from the moment the operation of sending the Goods by means of electronic communication channels to the Buyer’s e-mail address is recorded in the Seller’s automated electronic system.

4.3. In the event of failure to receive access to the materials within the period specified in Clauses 4.1 and 4.2. of this Agreement, or due to technical problems of the mail server of the Buyer’s provider, or for other arising reasons, the Buyer must contact the Seller via the e-mail address fenixfromrus@gmail.com and notify about the failure to receive the links for downloading the materials. In this case, the Seller shall provide the links again within 2 (two) business days from the moment of receipt from the Buyer of the relevant notice.

  1. PRICES AND PAYMENT PROCEDURE

5.1. The assortment and price of Digital goods are presented in free access on the Seller’s Site.

5.2. The price of the Goods indicated on the Site may be changed by the Seller unilaterally at any time.

5.3. Payment for Digital goods is made by non-cash method using the available online Form of non-cash payment to the Seller’s account.

5.4. The transfer of banking details is carried out in compliance with all necessary security measures and is ensured by a payment service operating according to the Standard of the Bank of Russia (STO BR IBBS) and having a certificate of compliance with the international PCI DSS standard (payment card industry security).

All operations with bank cards are carried out using 3-D Secure technology: this is a kind of double protection, when the bank asks the user to confirm the payment with a special password, which can only be obtained by the cardholder.

5.5. Payment is made using bank credit cards of the following payment systems: Visa, Mastercard and MIR.

5.6. The Buyer’s obligation to pay for the Goods shall be deemed fulfilled from the moment the funds are credited to the Seller’s settlement account

  1. TECHNICAL CHARACTERISTICS OF DIGITAL GOODS

6.1. Digital goods are delivered in the following format: providing links to download materials or transferring a subscription to an online service as a gift.

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. Rights of the Buyer:

7.1.1. The Buyer has the right to be provided with the Digital goods in accordance with its description in the product card.

7.1.2. Upon purchase of Digital goods intended for subsequent personalization, the Buyer has the right to change design templates, website settings and other things to suit his/her needs.

7.2. Obligations of the Buyer:

7.2.1. The Buyer is obliged to make payment for the Digital goods in full before receiving the Digital goods.

7.2.2. The Buyer is obliged to provide the Seller with all necessary information for the preparation and supply of personalized Digital goods.

7.2.3 The Buyer undertakes to use the supplied Digital goods exclusively for personal purposes and for 6(six) months and in any quantities, and not to distribute these Digital goods among other persons free of charge or for the purpose of sale. The Buyer undertakes not to distribute copies of the Digital goods on HDD, CD or DVD media, or in printed on paper form from an electronic copy.

7.3. Rights of the Seller:

7.3.1. The Seller has the right not to supply Digital goods for which he has not received funds in full.

7.3.2. The Seller has the right to demand compensation for the amount of lost profit in the event of detection of gratuitous transfer or resale of the Digital goods supplied by him to the Buyer.

7.4. Obligations of the Seller:

7.4.1 The Seller is obliged to supply the Digital goods of proper quality in accordance with the characteristics described in the product card.

  1. DISPUTE RESOLUTION PROCEDURE. RETURN AND EXCHANGE OF DIGITAL GOODS.

8.1. The Seller and the Buyer, by concluding this Agreement, agree to reach agreement through negotiations.

8.2. Digital goods are not subject to return. The basis for this is Paragraph 14 of the “List of Non-Food Goods of Proper Quality Not Subject to Return or Exchange for Similar Goods of Other: size, shape, dimensions, style, color or комплектation” introduced by Resolution of the Government of the Russian Federation No. 81 dated 06.02.2002. According to this paragraph, “non-periodical editions (books, brochures, albums, cartographic and music editions, sheet editions, calendars, editions reproduced on technical information carriers)” are not subject to return or exchange for similar goods.

8.3. Refund of funds to the User is possible only if the Digital goods do not correspond to the functional capabilities declared on the Seller’s website, — after the Contractor has established and confirmed that such non-conformity actually takes place.

8.4. Insufficient level of the Buyer’s knowledge is not grounds for a refund, including, but not limited to, the following circumstances:

  • Inability to use Digital goods due to mismatch of settings and/or versions of the used system and other software with the system requirements specified on the Seller’s Site;

  • Lack of basic knowledge when purchasing goods. Technical support for goods from this section is not provided.

8.5. Only the amount received by the Seller for the paid Digital goods, excluding bank commissions and other payments, shall be subject to refund. Funds received by the Seller for installation of the Digital goods on the Buyer’s side are not subject to refund. Refund shall be made within 15 (fifteen) calendar days from the moment of receipt of a written application in the event the Seller decides to refund funds to the Buyer.

  1. LIABILITY OF THE PARTIES

9.1. For non-performance or improper performance of obligations under this agreement, the Parties shall bear liability in accordance with the current legislation of the Russian Federation.

9.2. The Seller is responsible for the compliance of the supplied Digital Goods with the technical characteristics indicated in the product card, as well as for the compliance of the content of the Digital Goods with all legal norms.

9.3. The Buyer is responsible for the proper use of the Digital goods in accordance with Clause 7.2.3.

9.4. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the Order.

9.5. The Buyer is responsible for the accuracy of the information provided when placing the Order.

9.6. The Buyer has the right to send all claims regarding improper execution of the order to the e-mail address: fenixfromrus@gmail.com. All received information is processed within 3 (three) business days from the moment of its receipt.

  1. COPYRIGHT

10.1. The content of the Digital goods, including all texts, images (photographs), video materials, is intended exclusively for the Buyer’s personal use. All copyrights to the content of the Digital goods are protected. Copying, exchange, rental, lease, sale or other alienation are prohibited by the copyright holder. Violation of the prohibition is prosecuted under the Law.

10.2. All textual information and graphic images, video materials posted on the Site are the property of the Seller of the Digital Goods.

  1. SELLER’S DETAILS

Organization: Sole Proprietor PSAREV EVGENIY YURYEVICH
TIN of the organization: 366216784161
TRRC of the organization: —
Account: 40802810700810282450
Bank: CENTRAL BRANCH OF VTB BANK (PJSC)
Corr. account: 30101810145250000411
BIC: 044525411

Version dated March 10, 2026