Public Offer Agreement
This document (rules how to sell the Product) and description of the Product set out in the Online Store at http://mtrobot.net collectively constitute a public offer agreement, i.e. an offer by the Seller to enter into an agreement of retail purchase and sale with a natural person that uses the website http://mtrobot.net, hereinafter called the Buyer.
“Terms” shall mean this document to be read by the Buyer when ordering the Product in the Online Store.
“Buyer” shall mean a natural or legal person that intends to order or purchase the Products in the Online Store or that is ordering, purchasing or using the Products purchased in the Online Store.
“Seller” shall mean a legal entity which is self-employed entrepreneur “Byshko Valeriy Nikolayevich” (“Бышко Валерий Николаевич”) UNP 291396650 (Payer’s Registration Number) that carries out activities to realize the Products via the Online Store.
“Product(s)” shall mean the software and/or rights to use the results of intellectual activity, presented jointly or discretely to be for sale in the Online Store. A list of the Products is to be defined by the Seller.
“Online Store” shall mean the trading platform of the Seller located on this website and providing technical possibilities for the Buyer to view the Description and order any of the Products.
Terms and Conditions for Selling the Products
- By ordering or purchasing any of the Products via the Online Store, the Buyer agrees to these Terms.
- The Seller has the right to amend these Terms and the Products’ Description, including its prices, at any moment.
- The Buyer’s consent to the Public Offer Agreement, which these Terms form part of, is provided by the payment for any of the Products according to the order arranged, which at the same time is deemed as the Buyer’s intent to purchase any of the Products. The agreement to purchase any of the Products paid by the Buyer is deemed effective from the moment the Buyer agrees to the Public Offer.
The execution of payment for the Products is completed when the relevant amount of funds is deposited in full into a payment account or cash desk of the Seller, third parties authorized by the Seller to accept payments, or funds are transferred in cash to an authorized representative of the Seller or third parties authorized by the Seller to accept payments.
- To purchase the Product in the Online Store, the Seller makes an order to purchase any of the Products. Checkout is carried out by using the relevant interface found on the pages of the Online Store.
While checkout, the Buyer provides the Seller with the following information:
- Full name of the Buyer;
- Buyer’s e-mail address;
- Buyer’s address (if necessary);
- Payment method (selecting one from a number of methods provided by the Seller).
- Full name;
- Full name of the representative authorized to receive the Products;
- Buyer’s e-mail address;
- INN (taxpayer identification number) and KPP code:
- Buyer’s address;
- Legal address.
The Buyer’s is fully responsible for providing false information which results in frustration of the Agreement by the Seller in relation to the Buyer.
- The payment for the Product(s) is carried out by the Buyer at the price set by the Description of the corresponding Product(s) on the pages of the Online Store, upon and subject to the terms and conditions accepted by the Buyer while checkout.
- Under such agreement, the Product(s) or part of them ordered by the Buyer are to be delivered by the Seller by giving a download link or by a third party authorized by the Seller upon and subject to the terms and conditions provided by the Seller while checkout.
- If it is unable to provide any of the Products paid by the Buyer, the Seller is obliged to notify the Buyer by sending notice to the e-mail address specified by the Buyer or contacting the Buyer by phone. In which case further relations of the parties are defined on a case-by-case basis.
- The Product is deemed as provided to the Buyer after the Buyer has downloaded the Product. The Seller has the right not to provide the Buyer with any of the Products that has not been paid for. Any of the Products is deemed as accepted by the Buyer after the access to the specified Product is provided to the Buyer or this Product is forwarded to the Buyer by any electronic means of communication. The rights to the results of intellectual activity to be transferred to the Buyer are deemed as transferred to the Buyer after these have been paid by the Buyer, and in case technical means to protect the copyright are engaged the mentioned rights are deemed as transferred after the access to other means that disable such protection means has been granted to the Buyer or such means has been sent to the Buyer via electronic media.
- The Buyer has the right to refuse to purchase the Product only before its transfer (before starting to download it). After the Buyer has refused to make a purchase, the Seller shall refund the amount paid by the Buyer, except the Sellers’ expenses on refunding the amount, not later than 10 calendar days after the Buyer submitted a corresponding claim sent by e-mail or in written form.
- The rights to use the Products are transferred to the Buyer under the following terms:
- transfer is carried out based on the ordinary (non-exclusive) license;
- the cost of the transferable rights is determined by the Description of the Product;
- the size of the transferable rights is determined by the Description of the Products, otherwise the rights to be transferred amount to the reproduction right limited by the installation, copy and program-run rights. The amount of the transferred rights is limited by the end-user license agreement if such agreement is attached to the corresponding Product;
- the term for a transfer of rights and the territorial rights are stipulated by the end-user license agreement.
- The Seller is not liable for any damage inflicted on the Buyer due to misuse of the Product(s).
- The Seller has the right to assign or in any other way transfer their rights and obligations resulting from the relationship with the Buyer to any third party provided that the rights and interests of the Buyer are observed.
- The Buyer guarantees that s/he has full legal capacity and the necessary authority to purchase any of the Products at the moment of purchasing any of the Products.
- The Seller is obliged to ensure the confidentiality of the Buyer’s personal data. The Seller is obliged not to disclose the information received from the Client unless the Seller is required to provide such information under the law, and to affiliates and third parties acting under an agreement with the Seller in order to fulfill the obligations to the Buyer.
The Seller is not responsible for the disclosure of any information provided by the Buyer that is publicly available on the website of the Online Store.