1. Basic definitions

1.1. The Online Store (the Website) is the Internet website at shop.generativegallery.com, where the Products offered by the Seller for sale are displayed, plus all the subdomains associated with it. 

1.2. The Visitor of the Online Store is the person that visits the website of the Online Store but doesn’t intend to make an Order; 

1.3. The User is an individual or an entity that is the Visitor of the Online Store who accepts the terms of this Agreement and wants to obtain the Goods.  

1.4. The Buyer is a fully legally capable individual (or a representative of an entity) who makes Orders in the Online Store, or the person indicated as the receiver of the Product (s), or the person using the Products purchased in the Online Store and doing so solely for personal, family, domestic, and other purposes that don’t involve any business operations. 

1.5. The Seller is Sole entrepreneur Ivan Olegovich Nefedkin (OGRNIP/Primary State Registration Number of the Sole Proprietor 317774600054600, address: Moscow, Lomonosovsky Prospect 29, Block 2, App. 146). 

1.6. The Products are the goods offered for sale in the Online Store. 

1.7. The Product Page is a Website interface for a certain product that includes the Product description, the cost and other characteristics, as well as functional properties of the Website that ensure making of the Preliminary Order. 

1.8. The Preliminary Order is the Buyer’s request to buy and deliver the Products from the Online Store to the location provided by the Buyer executed in an orderly manner. When the Preliminary Order is made, the ordered Product can be out of stock. In such a case, the possible delivery term can be viewed at the Website, and the precise date will be coordinated with the Buyer after the date provided at the Website. 

1.9. The Order is the Buyer’s request executed in an orderly manner to reserve the Product from the Online Store so that it can be delivered to the location provided in the request. The objective of such a request is making of the Sale and Purchase Agreement. The Buyer uses the Website to send such a request or contacts the Seller’s Operator by phone. 

The Agreement may also use other terms as long as they don’t contradict the terms hereunder. Such terms are interpreted in accordance with the text of the Agreement and legal enactments of the Russian Federation. If no unmistakable definition for a term can be found in the Agreement and legal enactments of the Russian Federation, the definition existing in the business conduct practice shall be used as a guide.

2. General provisions.

2.1. The Seller sells Products by means of the Online Store. 

2.2. When registering and making Preliminary Orders and Orders in the Online Store, the User agrees with the terms of this Agreement on a full and unqualified basis.  

If the User doesn’t match the criteria provided in Clauses 1.2 through 1.4. hereunder or doesn’t agree with the terms provided hereunder, the User must stop using the service and leave the Online Store immediately. 

The Online Store isn’t intended for people younger than 14 (fourteen) as outlined in Clause 26 of the Civil Code of the Russian Federation. In some cases, the Seller is entitled to impose age restrictions on selling of some of the Products.  

The Company won’t accept personal information (personal data) from users below 14, and the above-mentioned people must stop using the Online store immediately. In case such an underage user continues to use the Website due to his / her misrepresentation of age information (irrespective of whether such a misrepresentation was by intent, or by negligence), the Seller disclaims any liability for such illegal acts performed by the User. 

2.3. This Agreement, as well as information about the Products, is deemed as a Public Offer in compliance with Clause 435 and Item 2 of Clause 437 of the Civil Code of the Russian Federation. 

2.4. The Seller is entitled to change the Agreement at his own discretion without notifying the User / the Buyer about it. The new revision of the Agreement comes into effect in 10 (ten) calendar days after its publication. 

2.5. The Public Offer is deemed as accepted by the Visitor of the Online Store / the Buyer as soon as the Buyer makes a Preliminary Order. 

2.6. By making an Order, the User/Buyer agrees with the fact that the Seller is entitled to entrust the third party with fulfillment of the Agreement as long as the Seller remains responsible for its fulfillment. 

2.7. The Seller is the party that gains all the rights and liabilities associated with the Agreement made with the User. 

2.8. In case promotional events are held like promo offers, special proposals can be established for the offers available in the Online Store as regards to making of Orders and return of the Product. At the same time, the terms of promotional events are an integral part of this Agreement and shall be applied for the parties taking part in such events.  

2.9. All the actions outlined hereunder shall be performed and registered by the Parties of the Agreement by Moscow standard time from 00 hours 00 minutes 00 seconds till 23 hours 59 minutes 59 seconds of the relevant calendar day that is part of the fixed period, unless stated otherwise.  

2.10. The User / the Buyer shall communicate with the Seller in compliance with the generally accepted morals and communication etiquette guidelines. Using obscene or rude words, abusive language, threats, and blackmail is prohibited regardless of who they are addressed to. 

2.11. The Seller is not responsible for the damage caused to the Buyer because of improper use of the Products (including operation of the Products in violation of the operation instructions, recommendations etc.) ordered in the Online Store. 

2.12. The Buyer undertakes not to use the Product ordered for any business purposes. 

3. Subject of the Agreement.

3.1. The subject of the Agreement is enabling the Users to buy Products offered for sale in the Online Store. 

3.2. This Agreement covers all types of Products and services provided in the Online Store as long as the relevant proposals with descriptions are available in the catalog of the Online Store.  

In case the Products ordered from the Seller aren’t in stock, including for the reasons beyond the Seller’s control, the Seller is entitled to remove the said Product from the Buyer’s Order and notify the Buyer about it by sending an electronic message to the Buyer’s email or by calling the Buyer’s phone number provided at registration.

4. Registration in the Online Store.

4.1. Registration in the Online Store is a must if you want to make an Order. 

4.2. Prior to registration, the User shall read the terms provided hereunder, as well as the Privacy Policy. The User can find these documents by following the relevant links. Further, the User shall confirm his / her agreement with these documents by checking the field ‘I agree with the terms of the Public Offer and the Privacy Policy.’ 

4.3. Use the Registration button to register in the Online Store. 

4.4. At registration, the User shall provide the following data: 

– User’s full name’ 

– Email address; 

– Password:
– Phone number. 

4.5. The Buyer confirms that he / she use (provides) the phone number and the email address given at registration on a legal basis. In case the Buyer isn’t the owner of the provided phone number and email address, the Buyer guarantees that the owner of the phone number, the email address, and other information has provided his / her consent to their use. The Seller isn’t responsible to the third parties in case the Buyer provides unreliable and / or wrong contact details no matter if it is intentionally and / or by negligence. 

4.6. The Seller isn’t responsible for accurateness and correctness of the information that the User provides at registration. 

4.7. The User undertakes not to inform third parties about the login and password he / she chooses during registration. The Buyer undertakes to keep secret the password to his / her account in the Online Store. The Seller isn’t responsible for third parties getting access to the Buyer’s account, hacker attacks, or other illegal acts by third parties because of the Buyer’s information disclosure. 

4.8. If the Buyer has already got an account (as the User has registered at the Website before), he / she will have to enter his / her login and password to automatically be redirected to his / her account. If the User enters his / her login and password incorrectly, he / she will be offered to enter this data again, or enter an email address he / she provided during registration for password recovery. 

4.9. If the data used to enter the account changes, the User can modify such information in his / her account. 

4.10. The Seller is entitled to use any restrictions, including locking-out if required for safety reasons, or in case the User violates the terms hereunder, as well as for technical reasons. The User also agrees that his / her access to the account can be restricted at any time due to the technical needs without giving any reasons and without notification of the User. At the same, the Seller undertakes to do everything possible to recover the User’s access as soon as possible.

5. Buying Products.

5.1. Description / properties of the Product provided at the Website don’t necessarily include comprehensive information and don’t guarantee that the use of the Product will result in a certain effect or result. All the information about the Products offered in the Online Store are given for reference only. To learn more details about a Product, the Buyer is advised to contact the Seller using any of the communication means provided in the Online Store.  

5.2. The Product can be ordered as follows. 

1) The Buyer chooses a Product from the catalog available at the Website. To make a Preliminary Order, the Buyer shall press the ‘Add to Cart’ button on the Product Page; 

2) By making a Preliminary Order, the Buyer agrees to the properties and description of the Product, its content, price, terms of use, as well as other terms provided in the Product description. 

3) The Buyer shall provide the delivery address and means to be used for the delivery of the Products. If necessary, other details are provided, too. 

4) The Buyer chooses an online payment option. 

5) After filling in information about the online payment means, the Buyer shall press the ‘Order’ button and deliver a payment in a way that depends on the online payment means. If the payment isn’t delivered in 2 hours after the Preliminary Order was made, the Sales and Purchase Agreement will not be made, and the order can be canceled automatically. 

6) After the Buyer makes a Preliminary Order, he / she will be sent a notification about making such a Preliminary Order. 

7) The Seller checks if the Product selected by the Buyer and included into the Preliminary Order can be sold and delivered, and then sends an electronic confirmation of the Product Order to the Buyer’s email he / she has provided at registration. 

5.3. If the Products from the Buyer’s Preliminary Order are out of stock, the Seller is entitled to exclude such Products from the Preliminary Order or cancel the Buyer’s Preliminary Order. In any case, the Buyer will be notified about that by email he / she has provided at registration and get back the money paid. 

5.4. The Order can be canceled upon the Buyer’s or the Seller’s initiative. The Seller will cancel the order in case the circumstances that the Buyer and the Seller relied on when the Order has been made change to a significant extent, which results in making it impossible to fulfill the Order. In case the fully or partially paid Order is canceled, the Seller undertakes to return to the Buyer the cost of the Order using the same way of payment that has been used to pay for the Product. 

If the Seller can’t fulfill the order regardless of the Buyer’s or the Seller’s will, including in case if the Order is lost during delivery, the Product is out of stock, during procession of the Order it was discovered that the Product is faulty, has the wrong grade, or unfit for use, the Seller shall cancel the Order and notify the Buyer about that. At the same time, the Buyer is entitled to have new terms of the Order delivery approved.  

If the Order is fully or partially canceled before it is delivered to the Buyer or handed over to him / her, the prepaid money will be returned to the Buyer’s account, the sum depending on the cost of the Product that the Seller hands over to the Buyer at a price fixed by the Seller. In case the Product was paid by a bank card, the money will be automatically returned to the bank card that was used to make the payment.  

5.5. The Buyer is fully responsible for providing wrong data in case it results in the Seller being unable to properly perform his obligations to the Buyer. 

5.6. If necessary, during procession of the Preliminary Order and the Order, the Seller can specify the details of the Order, as well as discuss the delivery date and time. The delivery date depends on availability of the Products ordered in the Seller’s warehouse and the time the Seller needs to process and deliver the Order. 

5.7. The date of the Product delivery is provided in the Product description available at the Website. Still, the Seller is entitled to change it at his own discretion in case of some causes that the Seller believes to be reasonable, or reasons, or force majeure circumstances. Anyway, the Seller undertakes to notify the Buyer of such a change. The notification shall be sent to the email address provided at registration. 

5.8. The Product Order will be processed only after the Buyer’s money is transferred to the Seller’s account. 

6. Order Delivery

6.1. The Seller or the company authorized by the Seller will deliver the Product within the timeline provided in the description of the Product, or in compliance with Clause 5.8 hereunder. 

6.2. Some of the Products can be only delivered within a certain location, including within the Russian Federation. 

6.3. The Seller undertakes to do everything possible to keep with the delivery timeline. Still, the Product can be delivered late because of the circumstances beyond the Seller’s control. 

6.4. Delays in delivery can result from unexpected circumstances that arise not through the fault of the Seller. 

6.5. On delivery, the Order will be handed in to a third party listed in the order as the recipient. Hereinafter, the Buyer and the third party will be referred to as the Recipient). The Order will be handed in to such a party in case they present a Letter of Attorney that the Buyer compiles in no particular form. Such a Letter of Attorney has to include the passport details of the Buyer and the party authorized to receive the Products, as well as the date when the Letter of Attorney was made and the number of the Order. The Letter of Attorney shall be accompanied with a copy of the Buyer’s passport (Pages 2 and 3) but the Buyer’s photo mustn’t be visible. For example, the photo can be deleted from the scanned copy in a graphic editor, or any other means as long as they prevent visual identification of the Buyer.  

6.7. To prevent fraud when handing in the Order, the delivering party is entitled to require that the Recipient shows some ID: 

• passport of a Russian citizen, or an international passport;
• military registration card; a temporary certificate provided instead of a military registration card; an ID for those in military service;
• temporary ID of a Russian citizen issued for the term required to make a new passport;
• standard certificate issued to Russian citizens who have to stay in confinement facilities for suspects and the accused / a certificate of release from prison;
• document that certifies the identity of a Russian citizen which the Russian citizen uses to enter the Russian Federation for people who permanently reside out of the Russian Federation).
• driver’s license;

The Seller guarantees confidentiality and protection of the Product Recipient’s personal information. 

6.8. The risk of occasional destruction or damage of the Product is transferred to the Buyer as soon as he or she is handed in the Order and signs the documents that confirm delivery of the Order.  

In case the Order has to be shipped outside of the Russian Federation, the Order shall be delivered to the Buyer by the mail service as chosen by the Seller. The Seller undertakes full responsibility for occasional destruction or damage of the Product until the Product is handed over to the mail service.  

In case the Order is delivered in the ‘Leave at the Door’ format, the risk of occasional destruction or damage of the Product is transferred to the Buyer right after the Seller sends a notification about the Order shipment without the actual handover of the product and without signing of the courier’s bill about handover of the Product. The Seller shall not be responsible for the Product being absent from the place of its delivery after the relevant notification has been sent in SMS. The Product is deemed as handed over as soon as the relevant notification has been sent. 

6.9. The delivery costs aren’t included into the price of the Product and is calculated depending on the address provided by the Buyer. 

6.10. The Seller’s obligation to handover the Product to the Buyer is deemed as fulfilled as soon as the courier hands in the Product to the Recipient, or as soon as the Recipient gets the Product in a preliminary agreed place (but for the cases when the delivery is to be left at the door). 

6.11. When accepting the Order from the courier, the Recipient shall check the Product delivered and make sure that the delivered amount, assortment, and configuration of the Product is as required. Moreover, the Recipient shall make sure that the package is undamaged. In case the Recipient has no claims as regards to the Product delivered, he / she shall sign the Delivery Sheet, or a similar document provided by the courier. The signature in the accompanying documents confirms that the Buyer hasn’t announced any claims as regards to the Goods, and the Seller has completely and properly fulfilled his obligations as regards to the handover of the Product. 

The Buyer has got only a limited amount of time to check the Order he / she receives from the courier. This period is outlined when the Order is made. 

6.12. Legal entities need to have their seal, or a Letter of Attorney to receive the Product. 

6.13. The couriers who deliver the Product to the Buyer’s location can only stay for 10 minutes. If the Product hasn’t been handed in to the Buyer through the Buyer’s fault, like the Recipient was out of the shipment location, or in case the Order can’t be handed in for another reason beyond the Seller’s control, the Seller will approve another date and time of the Order delivery with the Buyer. The Seller will only deliver the Product free of charge for 2 times max. The Buyer shall pay for additional delivery of the Order in the amount fixed by the Seller. The payment will be required for every delivery that hasn’t been handed in through the Buyer’s fault. The delivery is payable on the cash-in-advance basis to the bank details provided by the Seller. 

6.14. The Product showcased in the Online Store complies with the requirements of the Russian law. 

6.15. The User understands and agrees that delivery is a stand-alone service that isn’t an integral part of the Product purchased by the Buyer the Product. The delivery service is deemed as finished as soon as the Recipient receives the Product.

7. Paying for Products.

7.1. The price of the relevant Product in the Online Store is provided in Russian Rubles, VAT free. In case the price for the Product ordered by the Buyer was provided wrongly, the Seller shall inform the Buyer about it to confirm the Preliminary Order and / or the Order with the right price, or to cancel the Preliminary Order and / or the Order. If the Buyer can’t be contacted, this Preliminary Order and / or the Order is deemed as canceled. If the wrong price was paid for the Product, the Seller shall return the amount paid to the Buyer using the same payment method that the Buyer has used to pay for the Product. 

7.2. The Seller is entitled to change the price of the Product in the Online Store at his own discretion. The price of the Product that has been put to the Cart isn’t subject to change. 

7.3. The Order can be paid on a cashless basis with the means outlined in the Online Store as selected by the Buyer. 

7.4. Legal entities shall pay for their orders on a cashless basis in accordance with the agreement made and the invoice issued. 

7.5. Means of online payment: 

• with a bank card; 

Terms of payment depend on the payment system.  

7.6. Bank card payment particulars. 

7.6.1. In compliance with Decree of the Central Bank of the Russian Federation ‘About emission of bank cards and operations performed with bank cards’ No. 266-P dated 24.12.2004, operations with bank cards can only be performed with a card owner or a person authorized by him / her. 

7.6.2. Bank card operations are authorized by the bank. If a bank has reasons to believe that the operation is fraudulent, the bank is entitled to reject such an operation. 

7.6.3. To avoid all kinds of illegal use of bank cards the Seller will check all the Orders that are paid by a bank card. To check the owner’s identity and his / her right to use the card, the Seller is entitled to require that the Buyer who makes the Order in question submits an ID. 

7.7. The Seller is entitled to offer discounts for the Product and establish a bonus program. The Seller will establish kinds of discounts, bonuses, as well as the procedure and terms of their charging at his own discretion and post information about them in the Online Store.

8. Return and exchange of Products

8.1. Exchange and return of the Product with improper quality can be returned with reference to the Seller’s statement in accordance with the procedure and the terms fixed in Law of the Russian Federation No. 2300-1 dated 07.02.1992 ‘About consumers’ rights protection,’ as well as Decree of the Russian Government No. 612 dated 27.09.2007 ‘About establishment of Rules for online sale of products.’ The warranty period established by the manufacturer is provided in the Product description at the Website and comes to 2 (two) years max. The warranty period and the operating life of the Product starts as soon as the Product is handed over to the Buyer. 

8.2. After receiving the Order, the Buyer is entitled to reject the Product with required quality and demand that the amount of money he / she paid for it is returned.  

The Buyer is entitled to reject the Product any moment before its handover, as well as within 7 days after its handover. 

If the Buyer rejects the Product upon receiving or after it not because the Product is of improper quality, the Seller is entitled to keep back the cost of the services fulfilled as regards to delivery of such a Product. 

No stand-alone Products from the Order can be returned. Products with required quality can only be returned as a whole set. If a set has been purchased, some of the products can’t be returned. 

If the Buyer returns the Product with required quality that is returnable, the Seller will return the cost of such a Product fixed by the Seller to the Buyer but for the expenses undertaken by the Seller to deliver the Order to the Buyer. The money will be returned not later than in 10 days after the Seller receives the Product returned by the Buyer after the Buyer submits a relevant Return Request in the form provided by the Seller. When filling in such a form, the Buyer shall present a passport. 

To return the Product with required quality, the Buyer has to send an email to hello@generativegallery.com and write ‘Return of Goods’ in the topic field. The Buyer shall attach a photo of the bill or its scanned copy and provide his / her contact details in this letter. 

The cost of the Products is returned in the same way as the Product was paid for. 

8.3. In case the Buyer discovers defects or other shortcomings of the Product with its operating life (the warranty period fixed by the manufacturer) still unexpired, the Buyer is advised to send an email to hello@generativegallery.com. In reply to such an email, the Seller will provide information about the return or exchange procedure and also send a return refund request form. 

8.4. If a Product with improper quality is returned within the warranty period, the Seller will pay for the return delivery.  

8.5. If the Buyer contacts the Seller but the similar Product is out of stock, the Buyer is entitled to terminate the Sales and Purchase Agreement and require that the cost of the Product fixed by the Seller is returned. The Seller will return the money for the Product returned within the time period fixed in the law. 

8.6. The Seller will take every possible effort to exchange the Product as soon as possible. The exchange period can’t exceed the time limits fixed in the Russian law. 

8.7. When the Buyer returns a Product with improper quality and sends a claim about payment return, the Seller will return the cost of the Product returned fixed by the Seller on the date when the Product was purchased plus the cost of delivery of the Product returned by the Buyer. The money will be returned not later than in 10 days after the Seller receives the Product with improper quality in case the defect in the Product is deemed as manufactured flaw and hasn’t been caused through the Buyer’s fault.  

If necessary, the Seller is entitled to check the quality of the Product (perform an expert assessment). If it is discovered that the defects in the Product were caused not through the Seller’s fault, the Seller is entitled to demand that the Buyer covers the cost of the expert assessment. 

Even if the warranty period of the Product hasn’t expired when the Product is returned, the Seller isn’t responsible for the defects in the Product if the results of the expert assessment demonstrate that such defects have appeared after the Product was handed over to the Buyer as the Buyer used the Product in violation of the operation rules. 

8.8. After receiving the results of the expert assessment, the Seller will exchange the Product of improper quality for a similar new Product, or if requested by the Buyer, return the money paid for the Product.

9. Additional Clauses.

9.1. The Seller is entitled to transfer his rights and obligations arising from his relations with the Buyer to third parties in any suitable way. 

9.2. The Online Store and the services provided can be partially or fully unavailable for some time due to routine maintenance or other works performed, as well as for other technical reasons. The Seller’s support department is entitled to perform routine maintenance and other works from time to time either after notifying Buyers about such works or without doing so. 

9.3. If the User / the Buyer has got any questions or claims, he / she should contact the Seller at hello@generativegallery.com. The Parties undertake to solve all the disputes arising by negotiation. If the Parties can’t come to terms, the dispute is subject to submission to the court agency of Moscow in compliance with the Russian law currently in effect. 

9.4. The Seller is entitled to modify this Agreement. When doing so, the Seller must publish the new revision of the Agreement at the Website. The Users undertake to keep track of the new revisions of the Agreement posted. At the same time, the Seller is entitled to notify the Users about the changes made in the Agreement at his own discretion.