PUBLIC OFFER FOR THE SALE OF DIGITAL PRODUCTS
“EleganceFly” publishes public offer for the sale of Digital Products posted on Elegancefly.com.
Copy of the OFFER AGREEMENT in Russian – PUBLIC OFFER (RU)
Table of Contents:
1. General Provisions;
2. Intellectual Property;
3. Copyrights;
4. Subject Matter of the Agreement;
5. Placement of Order;
6. Ordering Process, Terms and Dates of Delivery of Digital Products;
7. Prices and Terms of Payment;
8. Rights and Obligations of Parties;
9. Settlement of Disputes, Refund and Exchange of Digital Products;
10. Liabilities;
11. Content;
12. Other Conditions.
1. General Provisions
1.1. EleganceFly international and transnational company and community of artists digitally localized primarily within the European Union
1.2. This text is a public offer, if the following conditions are accepted, a natural person that accepts this offer pays for Products in accordance with the terms of this Agreement. Payment for Products by the Buyer is an acceptance of the offer, which is equivalent to the conclusion of the Agreement on the conditions set forth in this offer.
1.3. By registering on EleganceFly.com, you agree to comply with the terms and conditions of this Site, you confirm that you are at least 18 years old and that you may enter into legally binding agreements.
1.4. In view of the foregoing, please read carefully this public offer, and if you do not agree to all of the terms and conditions contained in this offer, do not buy Products provided by the Seller.
1.5. In this offer, the following terms shall have the following meanings, save where the context otherwise requires:
– EleganceFly is a platform that provides services for downloading, selling or buying Digital Products.
– License is a way to define technical specifications and terms of use that apply to a Product.
– Acceptance means full and unconditional acceptance by the Buyer of the terms of the Agreement.
– Offer means the Seller’s expression of willingness addressed to a natural person (individual) to enter into a purchase and sale agreement (hereinafter referred to as “Agreement”) on the terms specified in the Agreement.
– Buyer is a visitor of the Site, a natural person aged 18 or over who concludes the Agreement with the Seller on the terms specified in the Agreement and buys Digital Product(s).
– Seller (Creator) is a natural person aged 18 or over who, as a creator or resident, uploads products to Site catalogues and offers them for sale or for free.
– Parties mean Seller and Buyer referred to together.
– Site is an internet platform with the domain name “elegancefly.com”, that is a trading platform containing a cataloged range of creators’ products.
– Digital Product (Product) is a virtual product that is the subject of this agreement, it has a completed (final) look and is ready for use.
– Order is a set of items that the Buyer selected from the range of Digital Products when filling in an application for receiving Digital Products.
– Content is any material published on the Site, including: files, models, images, archives, text and other information.
2. Intellectual Property
2.1. All Content on elegancefly.com Site is the intellectual property of EleganceFly company or the Sellers. This Site is protected by copyright law
and international treaties and may not be copied, reproduced, published, transmitted or distributed in any way without the prior permission of “EleganceFly”.
2.2. Logos, text, design and graphic content of EleganceFly.com may not be used without the prior written consent of “EleganceFly”.
3. Copyrights
3.1. The content of Digital Products, including all texts, images (photographs) fall under licenses’ terms of use for particular Product. All rights to the content of Digital Products are reserved. Copying, exchange, rent, distribution or other violations of licenses’ terms of use are prohibited by the copyright holder. Violation of the prohibition is punishable by law.
3.2. All material that was purchased or taken on the elegancefly.com website, with its further use, must necessarily contain: elegancefly logo, digital signature, author’s name and copyright.
4. Subject Matter of the Agreement
4.1. The seller sells Digital Products (virtual products for commercial and non-commercial use) in accordance with the current price list published on https://elegancefly.com trading platform, and the Buyer makes payment and receives the Product in accordance with the terms of this Agreement.
4.2. The Seller delivers Digital Products in a solely virtual form and does not send printed Products by mail.
4.3. This Agreement is an official document of the Seller.
5. Placement of Order
5.1. To order Products the Buyer should send a properly filled in form while making a payment. All fields of the payment form should be filled in. If the Buyer do not provide all the necessary information required for their identification and for sending them Products, the Order will not be accepted.
5.2. When placing Order, the Buyer agrees to provide the following information about themself: Surname, Name.
5.3. The Buyer gives the Seller consent to process personal data with or without the help of automation tools. The list of personal data for processing that consent is given for: surname, name and email address provided at the time of placing the Order. The principles of processing of personal data are described in the Privacy Policy.
5.4. The Buyer’s payment for the Order made on Site means that the Buyer agrees to the terms of the Agreement. The day of payment for the Order is regarded as the date of conclusion of the purchase and sale Agreement between the Seller and the Buyer
5.5. If the Buyer has any question regarding a Product, they may contact us by email (info.EleganceFly@gmail.com) or via feedback form to ask for the Seller’s advice before placing the Order.
6. Ordering Process, Terms and Dates of Delivery of Digital Products
6.1. The buying process of ready for use Digital Products goes as follows:
– The Buyer registers on the Site;
– The Buyer selects Digital Product(s);
– The Buyer adds selected Digital Products to cart;
– The Buyer makes full payment for the Order to the indicated bank details at a bank’s office or via online services on the page “Payment Form”;
– As soon the Seller receives full payment, the Order status will be changed to “Paid and Delivered”;
– The Buyer receives the Order in their personal account.
6.2. The Product is considered to be received by the Buyer and the Seller’s obligation to deliver the Products is considered to be fulfilled once the Products are available for download in the Buyer’s personal account.
6.3. If after full payment the Products are not delivered due to technical problems with the work of elegancefly.com Site, the Buyer should contact the Seller via email (info.EleganceFly@gmail.com) and report on non-delivery of the Products. In this case, the Seller will fix the problem as soon as possible.
7. Prices and Terms of Payment
7.1. The range and prices of Digital Products are freely available on the Seller’s product page.
7.2. The Seller may change the price of the Product shown on https://elegancefly.com/ Site unilaterally at any time.
7.3. Payment for Digital Products is made by bank transfer using online Payment Form.
7.4. 7.4. Payment is made via the following payment systems: PayPal, Visa, MasterCard or others.
7.5. The Buyer’s obligation to pay for the Products is considered to be fulfilled once the payment has been deposited into the Seller’s account.
8. Rights and Obligations of Parties
8.1. Buyer’s Rights
8.1.1. The buyer is entitled to be provided with Digital Product in accordance with its description stated on the Product page.
8.1.2. When buying a Digital Product intended for subsequent personalization, the Buyer is entitled to change design templates, colors etc. without violating licenses’ terms of use for this product.
8.2. Buyer’s Obligations
8.2.1. The Buyer must make a full payment for the Digital Product before receiving the Digital Product.
8.2.2. The Buyer undertakes to use the delivered Digital Product solely in accordance with the licenses’ terms of use for this Product; to not distribute this Digital Product to other persons for free; to not distribute copies of the Digital Product on HDD, CD or DVD media.
8.3. Seller’s Rights
8.3.1. The Seller is entitled to not deliver Digital Products for which they have not received full payment.
8.3.2.The Seller is entitled to demand damages for loss of profit if transfer or resale of Digital Products that goes beyond the scope of the license delivered to the Buyer by the Seller were found out.
8.4. Seller’s Obligations
8.4.1. The Seller must deliver the Digital Product in adequate quality in accordance with the characteristics stated on the Product page.
9. Settlement of Disputes, Refund and Exchange of Digital Products
9.1. By concluding this Agreement, the Seller and the Buyer agree to reach settlement through negotiations.
9.2. Digital Product is not subject to refund. The basis for this is paragraph 14 of “The List of non-food good quality products that may not be refunded or exchanged for similar products”
Personalized Digital Product is not subject to refund too.
9.3. After making a payment for Digital Product, the Buyer may download it to their PC and use it at their discretion under the Agreement and in accordance with licenses’ terms of use for this product.
9.4. The User may get refund only if the Digital Product does not conform to
the functionality stated by the Seller and after the Contractor has determined and confirmed that this inconsistency is actually the case.
9.5. The Buyer’s lack of knowledge is not a ground for refund, including but not limited to the following circumstances:
– Inability to use Digital Products due to inconsistency of settings and/or versions of the used system and other software with the system requirements stated on the Seller’s Site;
– Inability to customize or modify visual appearance (design) of Digital Product due to lack of knowledge in Adobe Photoshop, Adobe Illustrator, Paint Shop Pro and other software.
9.6. Only the amount of money received by the Seller for paid Digital Products is subject to refund, not including bank commissions and other payments. The funds received by the Contractor for the services of providing Digital Goods to the Buyer are not refundable
If the Seller make a decision to return money to the Buyer, the refund takes place within 15 (fifteen) calendar days of receipt of a written application.
10. Liabilities
10.1. The Seller is responsible for the conformity of the delivered Digital Product with the technical specifications stated on the Product page, as well as for the compliance of the Digital Product content with the rule of law.
10.2. The Buyer is responsible for the proper use of Digital Product in accordance with licenses’ terms of use.
10.3. The Seller and the Site are not responsible for the content and accuracy of the information provided by the Buyer when placing the Order.
10.4. The Buyer is responsible for the accuracy of the information provided when placing the Order.
10.5. The Buyer is entitled to send all claims regarding improper execution of the order by email (info.EleganceFly@gmail.com) or feedback form. All such claims are dealt with within 10 (ten) business days of receipt.
11. Content
11.1. EleganceFly reserves the right, at its sole discretion, to edit or delete any Content at any time, without prior notice and for any reason.
11.2. You are solely responsible for all the content that you upload, publish or otherwise transmit on the Site. You agree to not upload, publish or otherwise transfer on the Site any Content that:
– is unreliable, harmful, indecent, pornographic, defamatory, racist, promoting violence, offensive or aggressive to EleganceFly or other users of the Site
– violates anyone’s intellectual property rights;
– contains software viruses or any other computer code, files or programs that may harm the Site, equipment and other users;
– contains unauthorized third-party advertising.
12. Other Conditions
12.1. EleganceFly may revise the General Terms, the Privacy Policy, the Content Policy or any other document containing the terms and conditions of EleganceFly services without prior notice. All changes are reported to all Parties on the Site or in another way.