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Public offer
This offer is a formal offer of Sarnitskii Ivan Sergeevich(taxpayer identification number (INN): 820100811230)(hereinafter – the Contractor), addressed to an indefinite number of persons(hereinafter – the Buyer), to conclude a contract for the provision of services through the Internet site www.wizardtriade.com on the following terms and conditions.
Terms
- Public offer (hereinafter – Offer) – the Contractor's offer addressed to the Buyer (user) to conclude a contract for the provision of services on the terms and conditions contained in this public offer.
- Acceptance of the public offer (hereinafter – Acceptance, Acceptance of the offer) – full and unconditional acceptance by the Buyer of the terms and conditions of this public offer by performing the actions specified in Section 1 of the public offer.
- Buyer – any physical (legal) person or individual entrepreneur who has accepted this Agreement and has the intention to receive the services provided at www.wizardtriade.com.
- Parties – the Buyer and the Contractor, hereinafter jointly referred to as the Parties.
1. Subject of the offer
1.1. In accordance with this Agreement, the Contractor undertakes to provide the Buyer with entertainment services specified on the website www.wizardtriade.com.
1.2. Each service is accompanied by textual information: description, price, due date and a list of data required to provide the service.
1.3. The price of the goods indicated on the Site can be changed unilaterally by the Contractor.
1.4. By purchasing the Service, the Buyer warrants that it has fully familiarized itself with the text of this Agreement and accepts its terms and conditions.
1.5. If the Buyer disagrees with any of the provisions of this Agreement, the Buyer shall not be entitled to purchase the service through the website.
1.6. The Buyer undertakes to accept and pay in full for the ordered services in accordance with the terms and conditions of the Offer.
1.7. Purchase of the service after the change of the Contract shall be considered by the Contractor as acceptance of the new conditions of the Contract.
1.8. The Contractor shall have the right to:
1.8.1. Engage third parties to provide the Services without prior consent of the Buyer;
1.8.2. Provide the Services to the Buyer only after full payment has been made by any of the methods available on www.wizardtriade.com.
1.9. Acceptance of the contract-offer is the fact that the Buyer clicks the “Go to payment” button when purchasing the Service.
2. General terms and conditions of service
2.1. The Contractor shall provide Services to the Buyer only if the following conditions are met:
2.1.1. The Buyer has made payment by any of the methods available on www.wizardtriade.com in accordance with the rules and requirements of this Offer.
2.1.2. The Buyer has made an Acceptance of the Offer.
2.2. The services shall be provided by the Buyer in the amount corresponding to the amount of payment made by the Buyer. The Contractor reserves the right to immediately terminate the Contract unilaterally if the Buyer has not paid for the service.
2.3. The Contractor shall not be liable for unauthorized use of data provided by the Buyer by third parties during the term of the Contract.
3. Acceptance of offer
3.1. The text of this Agreement is a public offer.
3.2. The fact of purchasing the Service constitutes unconditional acceptance of this Agreement (unconditional acceptance) and the Buyer is considered as a person who has entered into a contractual relationship with the Seller.
3.3. By agreeing to the terms and conditions of this Agreement, the Buyer confirms that it is not acting in the interests of third parties, but solely on its own behalf and in its own interests.
3.4. The purchase of a service is made by filling in and sending to the Seller a form specifying the parameters of the Order through the website. The list of parameters is indicated on the page of each service.
3.5. If the Seller has reason to believe that the information provided by the Buyer when placing the Order is untrue or incomplete, as well as in case of offensive and/or inadequate behavior, the Buyer may be refused to purchase the Service.
3.6. All fields of the Order Form must be filled in by the Buyer. The Seller does not verify the accuracy and relevance of the data provided by the Buyer.
3.7. The Buyer is not entitled to enter third party data or false data in advance in the Order Form.
3.8. Before placing an Order and concluding this Agreement, the Buyer undertakes to familiarize himself with the main consumer properties and the cost of the Service. The specified information is located on the page of the Service.
4. Rights and obligations of the Parties
4.1. The Contractor undertakes to:
4.1.1. In case of early withdrawal of the Buyer from the Contract on the grounds stipulated by the Offer, return to the Buyer at his request the amount of payment less the cost of services actually rendered by the Contractor by the time of termination of the Contract.
4.1.2. Comply with the rules described in this Agreement.
4.2. The Contractor shall have the right to:
4.2.1. Temporarily stop the provision of services to the Buyer under the Contract for technical or other reasons preventing the provision of services, while such reasons are being eliminated. The payment for services during the period for which the Contractor suspended the provision of services shall not be charged in these cases.
4.2.2. Suspend the provision of services under the Contract unilaterally out of court if the Buyers violate other obligations assumed under the Offer.
4.2.3. Make changes to the Offer in accordance with the procedure established by the Offer.
4.3. Buyer agrees to:
4.3.1. To familiarize with the contents of this Agreement prior to the conclusion of the Agreement.
4.3.2. To pay in full for the services of the Contractor in accordance with the terms of the Offer.
4.3.3. Provide access to data subject to the rules and requirements of the Offer.
4.3.4. For the successful and timely performance of the Contractor's obligations under the Contract, the Buyer shall provide the Contractor with free access to the data as well as payment data necessary for the successful performance of the Contract.
4.3.5. Do not join class action lawsuits against the Contractor.
4.3.6. Accept the services rendered by the Contractor.
5. Cost of services and settlement procedure
5.1. The cost of the provided Services is determined unilaterally by the Executor in any currency and is indicated on the product page.
5.2. The Contractor has the right to unilaterally change the prices for the provided Services.
5.3. The effective date of the new prices and payment terms shall be the date of their posting on the Contractor's website www.wizardtriade.com.
5.4. Payment for the Order shall be made through any of the payment methods available at www.wizardtriade.com.
5.5. Services shall be provided to the Buyer on a 100% prepayment basis.
6. Special conditions and liability of the parties
6.1. For non-fulfillment or improper fulfillment of their obligations under the Contract, the Parties shall be liable in accordance with the applicable international legislation and the legislation of the Russian Federation.
6.2. The Buyer is solely responsible for compliance with legal requirements, including copyright and related rights protection, trademark and service mark protection, and consumer protection.
6.3. The Seller shall not be liable if the Buyer's expectations about the consumer properties of the Service were not met.
6.4. The Provider shall have no liability under the Offer for any:
6.4.1. Actions resulting directly or indirectly from the actions of the Buyer;
6.4.2. Actions taken under the influence of or as a result of receiving the services. The Buyer fully assumes all responsibility for all consequences resulting from the use of the service received.
6.5. The Contractor's aggregate liability under the Contract shall be limited to the amount of the payment made to the Contractor by the Purchaser under the Contract.
6.6. Without contradicting the above, the Contractor shall be released from liability for breach of the Contract terms and conditions, if such breach is caused by force majeure circumstances, including: actions of public authorities (including adoption of legal acts), fire, flood, earthquake, other natural disasters, lack of electricity and/or computer network failures, strikes, civil unrest, riots, any other circumstances, not limited to those listed above, which may affect the performance of the Contractor's obligations.
7. Arbitration
7.1. The Parties undertake to take all measures to resolve disputes and disagreements that may arise out of or in connection with this Agreement through negotiations. The Parties shall establish a claim procedure for consideration of disputes. The Party is obliged to respond to the claim within 10 calendar days from the date of its receipt.
7.2. In case the Parties are unable to reach an agreement, all disputes and disagreements shall be subject to judicial settlement in the Olyutorsky District Court at the address: 688800, Kamchatka region, p. Tilichiki, Pechatny Lane, 2.
8. Term of validity and amendments to the contract
8.1. Acceptance of the Offer by the Buyer creates a Contract on the terms and conditions of the Offer.
8.2. The Contract shall become effective upon acceptance of the Offer by the Buyer and shall remain in force until:
8.2.1. Until the Contractor fulfills its obligations to provide services in the amount corresponding to the amount of prepayment made by the Buyer under the Contract;
8.2.2. Until such time as the Contract is terminated.
8.3. The Buyer agrees and acknowledges that amendments to the Offer shall effect such amendments to the Contract entered into and in force between the Buyer and the Contractor, and such amendments to the Contract shall become effective simultaneously with such amendments to the Offer.
8.4. In case of withdrawal of the Offer by the Contractor during the term of the Contract, the Contract shall be deemed terminated from the moment of withdrawal, and the prepayment shall be returned to the Buyer in the order established in the Offer contract.
9. Final provisions
9.1. The Contract may be terminated by agreement of the Parties.
9.2. The Contract may be terminated out of court at the request of one of the Parties only in case of material breach of the terms of the Contract by one of the Parties, or in other cases stipulated by the current legislation of the Russian Federation.
9.3. Absence of a hard copy of the contract signed between the Parties, with signatures of the Parties, in case of actual payment by the Buyer, is not a reason to consider this contract not concluded. Without contradicting the terms of the offer, the Parties have the right at any time to execute the contract of services in the form of a written bilateral document or signed electronic consent.