Public offer

Offer dated March 24, 2021

Terms and definitions

Unless otherwise specified in this offer, the following terms have the following definition:

Seller: Individual entrepreneur Arinin Anatoly Andreevich, OGRNIP 324169000013128, INN 182810474045, registration address: 420140, RUSSIA, Republic of Tatarstan, KAZAN

Buyer: any individual who purchases Goods for use not related to business activities and has accepted a public offer under the terms of this offer.

Online store, Website: channel for the remote sale of the Seller’s Products, located at the Internet address: https://nixware.cc , in which a retail purchase and sale agreement can be concluded on the basis of the Buyer familiarizing himself with the description of the Product offered by the Seller on the website through catalogues, prospectuses, booklets, photographs, which exclude the possibility of the Buyer directly familiarizing himself with the Product or a sample of the Product when concluding a purchase agreement - sales.

Product: software in the assortment presented by the Seller in the online store.

Order: the Buyer’s request for the purchase of the Goods issued in accordance with the terms of this offer.

Personal Account: a set of pages of the Site created as a result of the Buyer’s registration and associated with the Buyer’s account, in which the Buyer can interact with the Seller on the terms proposed by the Seller.

1. General provisions

  1. 1.1. This offer, in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation, is an official offer (public offer) of the individual entrepreneur Arinin Anatoly Andreevich to any individual who has the legal capacity and authority to conclude a retail purchase and sale agreement with the Seller on the terms specified in this offer. This offer contains all the essential terms of the contract.
  2. 1.2. Relations in the field of consumer rights protection are regulated by the Civil Code of the Russian Federation, the Law “On the Protection of Consumer Rights” and other federal laws and legal acts of the Russian Federation adopted in accordance with it.
  3. 1.3. The Seller reserves the right to make changes to the terms of this offer, in connection with which the Buyer undertakes to monitor the current version of this offer in the online store in the “Help” section - https://nixware.cc/help. All changes take effect immediately after publication and are considered brought to the attention of the Buyer from the moment of such publication.
  4. 1.4. The Buyer agrees with the full text, with all applications and additional sections on the Site, by registering in the Personal Account or placing Orders.
  5. 1.5. The Buyer agrees to the terms of sale of the Products he has chosen by clicking the “Buy” button at the last stage of placing an Order on the Site. The completion of these actions is a fact confirming the conclusion of an agreement between the Buyer and the Seller.
  6. 1.6. In the event that the Seller carries out incentive events - promotions, in the terms of promotions posted on the Site, special provisions may be established regulating the procedure for placing an Order and returning the Goods. In this case, the terms of the promotions are an integral part of this offer and are subject to application for persons participating in the promotions. Placing a promotional Order and/or fulfilling other conditions for participation in the promotion means the Buyer’s consent to the terms of the relevant promotion.
  7. 1.7. By registering on the Site, the Buyer, in accordance with the provisions of the Federal Law of March 13, 2006 No. 38-FZ “On Advertising,” provides his prior consent to receive advertising messages (to the email address specified by the Buyer in his personal account).

2. Acceptance of offer

  1. 2.1. Acceptance of this offer is the Buyer placing an Order for the Product by clicking on the “Buy” button.
  2. 2.2. By placing an Order, the Buyer agrees that he transfers his personal data to the Seller for the purposes specified in this offer and consent to their processing.

3. Registration on the site

  1. 3.1. Only registered Buyers can place an Order in the online store, and they can only register on the Site under one email address once.
  2. 3.2. The Seller is not responsible for the accuracy and correctness of the information provided by the Buyer.

4. Subject of the concluded agreement

  1. 4.1. The Seller undertakes to transfer ownership of the Goods to the Buyer, and the Buyer undertakes to pay for and accept the Goods in accordance with these terms and conditions.
  2. 4.2. When placing an Order in the Personal Account, the Buyer provides the Seller with reliable information about himself: e-mail. The Buyer has the right to repeat any of the Orders.
  3. 4.3. Payment for the Goods by the Client is carried out using one of the methods provided by the online store for making payment, and within the timeframe agreed upon by the Client at the time of placing the Order.
  4. 4.4. Ownership of the Goods passes to the Buyer from the moment of actual transfer of the Goods to the Buyer, subject to full payment.
  5. 4.5. Prices for the Products are determined by the Seller unilaterally and indisputably and are indicated on the pages of the online store.

5. Transfer of goods

  1. 5.1. The Goods are considered transferred to the Client from the moment, or when the relevant Goods are sent to the email address specified by the Client, while the Goods, which include electronic documents and/or other files and materials to be transferred to the Client, are considered accepted by the Client from the moment access is provided to the Client to the specified Goods, or sending the Goods to the Client via electronic or postal communication to the email address specified by the Client when placing the Order.

6. Obligations of the parties

  1. 6.1. The Buyer undertakes to promptly pay and accept the Goods.
  2. 6.1. The Seller is obliged to transfer the Goods to the Buyer in accordance with the completed Order.
  3. 6.3. The Seller bears full responsibility for the execution of the Order before transferring it to the Buyer.
  4. 6.4. The Seller has the right to suspend or terminate the Buyer’s registration and access to the Personal Account if the Seller reasonably believes that the Buyer is committing unlawful actions.

7. Return of goods by the buyer

  1. 7.1. The following rules for returning Products apply exclusively to relations between individual entrepreneur Arinin Anatoly Andreevich and Clients who are individuals.
  2. 7.2. The Client has the right to refuse to purchase the Product at any time before its transfer to the Client by sending a corresponding written statement in electronic form from the Client’s email address specified in the Order to the email address of the online store.
  3. 7.4. If the Client refuses the Goods he has paid for, the Online Store must return to him the paid amount, with the exception of the Online Store’s expenses for the return of funds (including bank commissions), no later than 10 business days from the date the Client submits a corresponding written request sent to electronic form to the e-mail address of the online store. At the same time, the online store has the right to require the Client to provide the specified application on paper, and in this case the Client is obliged to fulfill this requirement within 5 (five) working days. The return of the Goods from the online store is carried out at the expense of the Client.
  4. 7.5. This Product return policy applies unless otherwise provided by imperative norms of the current legislation of the Russian Federation.
  5. 7.6. Notwithstanding any provisions of these Rules that may provide to the contrary, the following conditions apply to all Clients: the Client’s withdrawal from the contract is unacceptable in accordance with Art. 309, 310 of the Civil Code of the Russian Federation.

8. Revocation of offer

  1. 8.1. The offer can be withdrawn by the Seller at any time, but this is not a basis for repudiating the Seller’s obligations under already concluded contracts. The seller undertakes to place a notice of the offer revocation in the online store indicating the exact time of the offer revocation in Tatar time (GMT+5), but no less than 12 hours before the event of the offer revocation.

9. Responsibility of the parties

  1. 9.1. In the event of the occurrence of force majeure circumstances, documented by authorized bodies, the parties are released from liability for failure to fulfill the concluded retail purchase and sale agreement, provided that the relevant party is notified of the impossibility of fulfilling obligations within 5 (five) calendar days from the date of occurrence of these circumstances.
  2. 9.2. The parties will make every effort to resolve any disagreements through negotiations. If agreement is not reached, the parties have the right to go to court in accordance with the legislation of the Russian Federation.

10. Final provisions

  1. 10.1. The conditions set out in this offer are binding on the parties if the Buyer places an Order for the Goods from the Seller.
  2. 10.2. The buyer guarantees that these conditions are clear to him and he accepts them unconditionally and in full.
Back
Top