Public Offer
Offer Agreement
This Agreement, pursuant to paragraph 2 of Article 437 of the Civil Code of the Russian Federation, constitutes a public offer, acceptance (acception) of which is the performance of actions set forth in this Agreement.
1. Definitions
1.1. The terms of this Agreement govern the relations between the Rights Holder and the User and contain the following definitions:
1.1.1. Offer — this document (Agreement) published on the Internet at: https://jfloo.com/.
1.1.2. Acceptance — full and unconditional acceptance of the offer by performing the actions specified in section 3.1 of this Agreement.
1.1.3. Rights Holder — Individual Entrepreneur Savchenko O. V., who published the offer.
1.1.4. User — a legal entity or an legally competent natural person who has entered into this Agreement by accepting the offer on the terms set forth herein.
1.1.5. Online Store — a website specifically created for purchases and sales via the Internet (hereinafter referred to as the Website).
1.1.6. Content — information presented in text, graphic, audio-visual (video) formats on the Website as its substance. The Website content is divided into primary — user-generated, and auxiliary — administrative, which the Rights Holder creates to facilitate the operation of the Website, including the Website interface.
1.1.7. Simple (non-exclusive) license — the User's non-exclusive right to use the result of intellectual activity specified in section 2.1 of this Agreement, while preserving the Rights Holder's right to grant licenses to other parties.
1.1.8. Product — a Product offered for sale on the Website of the Rights Holder.
1.1.9. Order — a properly completed request by the User to purchase and deliver, to an address specified by the User, a list of Products selected on the Website of the Rights Holder.
2. Subject Matter of this Agreement
2.1. This Agreement defines the terms and conditions of the User's use of the Online Store — https://jfloo.com/, which is owned and administered by the Rights Holder (hereinafter referred to as the Website).
2.2. The relations between the Rights Holder and the User are governed by Chapter 30 of the Civil Code of the Russian Federation on retail purchase and sale, as well as by the Law of the Russian Federation "On Consumer Protection" dated 07.02.1992 No. 2300-1 and other regulatory legal acts adopted in accordance therewith.
2.3. The Rights Holder guarantees that it is the exclusive rights holder to the Website specified in section 2.1 of this Agreement.
2.4. By ordering Products through the Website, the User agrees to the product sale terms located at the following link: https://jfloo.com/user-agreement.
2.5. An Order for a Product may be placed by the User in the following ways:
- accepted by phone at or via email at: sao-paulo@jfloo.com;
- placed independently by the User on the Website of the Rights Holder.
2.6. The User independently selects products on the Website and places them in the Cart for order placement. Placing a Product in the Cart does not constitute an order; the User may independently remove and add Products to the Cart before beginning the order process.
2.7. Before ordering a Product, the User undertakes to review the delivery and payment terms for the order, as well as the product return conditions, located at the following link: https://jfloo.com/user-agreement.
3. Acceptance of the Agreement Terms
3.1. Acceptance (acceptance of the offer) is performed by the User clicking the button "I have read and agree to the terms of this Agreement."
3.2. A product sales contract is deemed concluded from the moment the Rights Holder issues a cash or receipt check or other document confirming payment for the Product to the User, or from the moment the Rights Holder receives a message regarding the User's intention to purchase the Product.
3.3. By performing actions to accept the offer as specified in section 3.1 of this Agreement, the User guarantees that they have read, agree to, fully and unconditionally accept all terms of this Agreement and undertake to comply with them.
3.4. Hereby, the User confirms that acceptance (performing actions to accept the offer) is equivalent to signing and concluding this Agreement on the terms set forth herein.
3.5. The Offer becomes effective upon publication on the Internet at https://jfloo.com/user-agreement and remains valid until the offer is withdrawn.
3.6. This Agreement is posted in written form on the Website. Upon request, any person may be provided with an opportunity to review a paper version of this Agreement at the Rights Holder's office.
3.7. This Agreement may be accepted in its entirety only (paragraph 1 of Article 428 of the Civil Code of the Russian Federation). After the User accepts the terms of this Agreement, it takes effect as a contract concluded between the Rights Holder and the User; however, such a contract is not formalized as a paper document signed by both Parties.
3.8. The Rights Holder reserves the right to amend this Agreement without any special notice, and therefore the User undertakes to regularly monitor changes to this Agreement. A new version of the Agreement becomes effective from the moment it is posted on this page, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always available on this page at: https://jfloo.com/user-agreement.
4. Rights and Obligations of the Parties
4.1. The Rights Holder undertakes to:
4.1.1. Within 5 calendar days from the date of receiving a corresponding written notification from the User, use its own resources and at its own expense to eliminate deficiencies in the Website identified by the User, namely:
- discrepancy between the Website content and the information specified in section 2.1 of this Agreement;
- the presence on the Website of materials whose distribution is prohibited by legislation.
4.1.2. Provide the User with information about the main consumer properties of the Product, the place of manufacture of the product, the full trade name (name) of the Rights Holder, the price and terms of purchase of the Product, its delivery, service life, shelf life, and warranty period, the terms for payment of the Product, as well as complete, accurate, and accessible information characterizing the offered Product.
4.1.3. Refrain from any actions that could hinder the User's exercise of the right to use the Website within the limits established by this Agreement.
4.1.4. Provide information regarding Website operation via email. Current email addresses are located in the "Contacts" section of the Website at: https://jfloo.com/contacts.
4.1.5. After an Order is placed on the Website, send the User a confirmation via SMS message or by a manager's phone call. The manager overseeing the Order must clarify the order details and coordinate the delivery date, location, and time. If the ordered Product or the required quantity is not available in the Rights Holder's stock, the Rights Holder shall inform the User thereof by phone call or other means of communication.
4.1.6. Use all personal data and other confidential information about the User solely for providing services in accordance with this Agreement, and not disclose to third parties its documentation and information about the User.
4.1.7. Ensure confidentiality of information entered by the User when using the Website through the User's personal account, except for cases where such information is posted in publicly accessible sections of the Website (e.g., chat).
4.1.8. Consult the User on all questions related to the Website. The complexity of the question, scope, and duration of consultation shall be determined independently by the Rights Holder in each specific case.
4.2. The User undertakes to:
4.2.1. Use the Website only within the rights and by the means set forth in this Agreement.
4.2.2. When placing an Order, provide the following information about contact details, phone number, last name, first name and patronymic, delivery address and time, email address, as well as leave comments if necessary.
4.2.3. Strictly adhere to and not violate the terms of this Agreement, as well as ensure confidentiality of commercial and technical information obtained through cooperation with the Rights Holder.
4.2.4. Refrain from copying in any form, as well as from modifying, supplementing, or distributing the Website or its content (or any part thereof), and refrain from creating derivative works based on it without prior written permission of the Rights Holder.
4.2.5. Not use any devices or computer programs to interfere with or attempt to interfere with the normal operation of the Website.
4.2.6. Promptly notify the Rights Holder of all facts of unlawful use of the Website by third parties that become known to the User.
4.2.7. Use the Website without violating the property and/or personal non-property rights of third parties, as well as prohibitions and restrictions established by applicable law, including without limitation: copyright and neighboring rights, trademark, service mark, and geographical indication rights, industrial design rights, portrait rights.
4.2.8. Not allow the posting and transmission of illegal, indecent, defamatory, discrediting, threatening, pornographic, hostile materials, as well as those containing harassment and signs of racial or ethnic discrimination, calling for actions that may be considered criminal offenses or violations of any legislation, as well as materials deemed unacceptable for other reasons, including materials promoting a cult of violence and cruelty, and materials containing obscenities.
4.2.9. Not distribute advertising materials in private messages to other Users without obtaining their prior consent to receive such materials (SPAM).
4.2.10. Perform other obligations set forth in this Agreement.
4.3. The Rights Holder has the right to:
4.3.1. Suspend or terminate the User's registration and access to the Website if the Rights Holder has reasonable grounds to believe that the User is engaged in unlawful activity.
4.3.2. Collect information about User preferences and methods of using the Website (most frequently used features, settings, preferred time and duration of Website use, etc.), which does not constitute personal data, for the purpose of improving Website operation, diagnosing and preventing Website malfunctions.
4.3.3. Unilaterally amend this Agreement by issuing new versions thereof.
4.3.4. Remove user-generated content at the request of authorized bodies or interested parties if such content violates applicable legislation or third-party rights.
4.3.5. Temporarily suspend Website operation, as well as partially or fully restrict or terminate access to the Website until necessary technical maintenance and/or modernization of the Website is completed. The User shall not be entitled to claim compensation for such temporary suspension of services or restricted Website availability.
4.4. The User has the right to:
4.4.1. Use the Website within the limits and by means set forth in this Agreement.
4.4.2. In accordance with the Consumer Protection Law, the User has the right to refuse a product purchased remotely (including through an online store) at any time prior to its receipt. In this case, funds received from the User shall be refunded by the Company to the User in the same manner as payment was made. The refund period is 3 to 7 days. Delivery costs are also refunded upon return of funds.
Please note that live flowers fall into the category of products not subject to return (in accordance with Article 25 of the Consumer Protection Law and the List of non-food products of proper quality not subject to return or exchange for similar products of other size, shape, dimensions, style, color, or assortment (as amended by Decrees of the Government of the Russian Federation dated 20.10.1998 No. 1222, dated 06.02.2002 No. 81)).
4.5. The User shall not be entitled to consent to perform this Agreement in cases where they do not have the legal right to use the Website in the country where they are located or reside, or if they have not reached the age at which they have the right to enter into this Agreement.
5. Terms and Conditions of Use
5.1. Provided that the User complies with this Agreement, the User is granted a simple (non-exclusive) license to use the Website via a personal computer, mobile phone, or other device, within the scope and in the manner established by this Agreement, without the right to grant sublicenses or assign.
5.2. In accordance with the terms of this Agreement, the Rights Holder grants the User the right to use the Website in the following ways:
5.2.1. Use the Website to view, review, leave comments and other entries, and exercise other functionality of the Website, including by rendering on the monitor (screen) of the User's corresponding technical device;
5.2.2. Temporarily load into the memory of an electronic computer for the purposes of using the Website and its functionality;
5.2.3. Quote elements of user-generated content on the Website with indication of the source of quotation, including a link to the URL address of the Website.
5.3. The User shall not be entitled to perform the following actions when using the Website, as well as any constituent parts of the Website:
5.3.1. Modify or otherwise process the Website, including translating it into other languages.
5.3.2. Copy, distribute, or process materials and information contained on the Website, except where this is necessary and required by the implementation of functionality available to a specific User.
5.3.3. Violate the integrity of the security system or perform any actions aimed at bypassing, removing, or deactivating technical protection measures; use any code intended to distort, delete, damage, imitate, or disrupt the integrity of the Website, transmitted information, or protocols.
5.4. Any rights not expressly granted to the User in accordance with this Agreement are retained by the Rights Holder.
5.5. The Website is provided by the Rights Holder on an "AS IS" basis, without any warranty obligations of the Rights Holder or any obligation to eliminate deficiencies, provide operational support, and improve.
5.6. By accepting the terms of this Agreement, the User grants the Rights Holder and other Users a non-exclusive, gratuitous right to use (a simple license) materials that the User adds (posts) on the Website in sections designed for access by all or some Users (chats, discussions, comments, etc.). The specified right and/or permission to use materials is granted simultaneously with the User adding such materials to the Website for the entire term of exclusive rights to objects of intellectual property or protection of non-property rights to such materials for their use throughout all countries of the world.
6. Personal Data and Privacy Policy
6.1. To fulfill the terms of this Agreement, the User agrees to provide and consents to the processing of personal data in accordance with Federal Law No. 152-FZ "On Personal Data" dated July 27, 2006, on the terms and for the purposes of proper performance of this Agreement. "Personal data" means personal information that the User provides about themselves independently to perform acceptance.
6.2. The Rights Holder guarantees confidentiality with respect to the User's personal data and provides access to personal data only to those employees who need this information to fulfill the terms of this Agreement, ensuring that such persons maintain confidentiality and security of personal data during processing. The Rights Holder also undertakes to keep confidential all information obtained from Users, regardless of the content of such information and the methods of obtaining it.
6.3. Information obtained by the Rights Holder (personal data) shall not be disclosed, except in cases where disclosure is required by legislation of the Russian Federation or is necessary for the operation of the Website and its functions (for example, when posting comments in the "Comments" section of the Website, the name, date, and time of comment submission are displayed under the User's written comment).
7. Liability of the Parties
7.1. The Parties bear responsibility for non-performance or improper performance of their obligations in accordance with the terms of this Agreement and Russian legislation.
7.2. The Rights Holder does not assume responsibility for the suitability of the Website for specific purposes of use.
7.3. The Rights Holder is not responsible for technical interruptions in the Website's operation. Nevertheless, the Rights Holder undertakes to take all reasonable measures to prevent such interruptions.
7.4. The Rights Holder is not responsible for any actions of the User related to the use of the granted rights to use the Website; for any damage suffered by the User due to loss and/or disclosure of their data or in the process of using the Website.
7.5. If any third party brings a claim against the Rights Holder due to the User's violation of this Agreement or current legislative norms, or the User's infringement of third-party rights (including intellectual property rights), the User undertakes to compensate the Rights Holder for all expenses and losses, including paying any damages and other costs associated with such a claim.
7.6. The Rights Holder is not responsible for the content of messages or materials posted by Website Users (user-generated content), any opinions, recommendations, or advice contained in such content. The Rights Holder does not conduct prior review of the content, authenticity, and safety of these materials or their components, nor their compliance with applicable law requirements, and does not necessarily verify that Users have the necessary scope of rights to use them.
7.7. The Rights Holder is not responsible for damage caused to the User as a result of improper use of Products ordered on the Website.
8. Dispute Resolution
8.1. The pre-trial dispute resolution procedure arising from this Agreement is mandatory for the Parties.
8.2. Claim letters shall be sent by the Parties by hand delivery or registered mail with notification of receipt to the address of the Party's location.
8.3. Sending claim letters by the Parties by any means other than specified in section 8.2 of this Agreement is not permitted.
8.4. The review period for a claim letter is 2 business days from the date of receipt by the addressee.
8.5. Disputes under this Agreement are resolved in a court of law at the location of the defendant.
9. Final Provisions
9.1. This Agreement is governed by and construed in accordance with the legislation of the Russian Federation. Questions not addressed by this Agreement shall be resolved in accordance with the legislation of the Russian Federation. All possible disputes arising from relations governed by this Agreement shall be resolved in the manner established by current legislation of the Russian Federation, under Russian law. Throughout this Agreement, the term "legislation" means legislation of the Russian Federation.
This Agreement, pursuant to paragraph 2 of Article 437 of the Civil Code of the Russian Federation, constitutes a public offer, acceptance (acception) of which is the performance of actions set forth in this Agreement.
1. Definitions
1.1. The terms of this Agreement govern the relations between the Rights Holder and the User and contain the following definitions:
1.1.1. Offer — this document (Agreement) published on the Internet at: https://jfloo.com/.
1.1.2. Acceptance — full and unconditional acceptance of the offer by performing the actions specified in section 3.1 of this Agreement.
1.1.3. Rights Holder — Individual Entrepreneur Savchenko O. V., who published the offer.
1.1.4. User — a legal entity or an legally competent natural person who has entered into this Agreement by accepting the offer on the terms set forth herein.
1.1.5. Online Store — a website specifically created for purchases and sales via the Internet (hereinafter referred to as the Website).
1.1.6. Content — information presented in text, graphic, audio-visual (video) formats on the Website as its substance. The Website content is divided into primary — user-generated, and auxiliary — administrative, which the Rights Holder creates to facilitate the operation of the Website, including the Website interface.
1.1.7. Simple (non-exclusive) license — the User's non-exclusive right to use the result of intellectual activity specified in section 2.1 of this Agreement, while preserving the Rights Holder's right to grant licenses to other parties.
1.1.8. Product — a Product offered for sale on the Website of the Rights Holder.
1.1.9. Order — a properly completed request by the User to purchase and deliver, to an address specified by the User, a list of Products selected on the Website of the Rights Holder.
2. Subject Matter of this Agreement
2.1. This Agreement defines the terms and conditions of the User's use of the Online Store — https://jfloo.com/, which is owned and administered by the Rights Holder (hereinafter referred to as the Website).
2.2. The relations between the Rights Holder and the User are governed by Chapter 30 of the Civil Code of the Russian Federation on retail purchase and sale, as well as by the Law of the Russian Federation "On Consumer Protection" dated 07.02.1992 No. 2300-1 and other regulatory legal acts adopted in accordance therewith.
2.3. The Rights Holder guarantees that it is the exclusive rights holder to the Website specified in section 2.1 of this Agreement.
2.4. By ordering Products through the Website, the User agrees to the product sale terms located at the following link: https://jfloo.com/user-agreement.
2.5. An Order for a Product may be placed by the User in the following ways:
- accepted by phone at or via email at: sao-paulo@jfloo.com;
- placed independently by the User on the Website of the Rights Holder.
2.6. The User independently selects products on the Website and places them in the Cart for order placement. Placing a Product in the Cart does not constitute an order; the User may independently remove and add Products to the Cart before beginning the order process.
2.7. Before ordering a Product, the User undertakes to review the delivery and payment terms for the order, as well as the product return conditions, located at the following link: https://jfloo.com/user-agreement.
3. Acceptance of the Agreement Terms
3.1. Acceptance (acceptance of the offer) is performed by the User clicking the button "I have read and agree to the terms of this Agreement."
3.2. A product sales contract is deemed concluded from the moment the Rights Holder issues a cash or receipt check or other document confirming payment for the Product to the User, or from the moment the Rights Holder receives a message regarding the User's intention to purchase the Product.
3.3. By performing actions to accept the offer as specified in section 3.1 of this Agreement, the User guarantees that they have read, agree to, fully and unconditionally accept all terms of this Agreement and undertake to comply with them.
3.4. Hereby, the User confirms that acceptance (performing actions to accept the offer) is equivalent to signing and concluding this Agreement on the terms set forth herein.
3.5. The Offer becomes effective upon publication on the Internet at https://jfloo.com/user-agreement and remains valid until the offer is withdrawn.
3.6. This Agreement is posted in written form on the Website. Upon request, any person may be provided with an opportunity to review a paper version of this Agreement at the Rights Holder's office.
3.7. This Agreement may be accepted in its entirety only (paragraph 1 of Article 428 of the Civil Code of the Russian Federation). After the User accepts the terms of this Agreement, it takes effect as a contract concluded between the Rights Holder and the User; however, such a contract is not formalized as a paper document signed by both Parties.
3.8. The Rights Holder reserves the right to amend this Agreement without any special notice, and therefore the User undertakes to regularly monitor changes to this Agreement. A new version of the Agreement becomes effective from the moment it is posted on this page, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always available on this page at: https://jfloo.com/user-agreement.
4. Rights and Obligations of the Parties
4.1. The Rights Holder undertakes to:
4.1.1. Within 5 calendar days from the date of receiving a corresponding written notification from the User, use its own resources and at its own expense to eliminate deficiencies in the Website identified by the User, namely:
- discrepancy between the Website content and the information specified in section 2.1 of this Agreement;
- the presence on the Website of materials whose distribution is prohibited by legislation.
4.1.2. Provide the User with information about the main consumer properties of the Product, the place of manufacture of the product, the full trade name (name) of the Rights Holder, the price and terms of purchase of the Product, its delivery, service life, shelf life, and warranty period, the terms for payment of the Product, as well as complete, accurate, and accessible information characterizing the offered Product.
4.1.3. Refrain from any actions that could hinder the User's exercise of the right to use the Website within the limits established by this Agreement.
4.1.4. Provide information regarding Website operation via email. Current email addresses are located in the "Contacts" section of the Website at: https://jfloo.com/contacts.
4.1.5. After an Order is placed on the Website, send the User a confirmation via SMS message or by a manager's phone call. The manager overseeing the Order must clarify the order details and coordinate the delivery date, location, and time. If the ordered Product or the required quantity is not available in the Rights Holder's stock, the Rights Holder shall inform the User thereof by phone call or other means of communication.
4.1.6. Use all personal data and other confidential information about the User solely for providing services in accordance with this Agreement, and not disclose to third parties its documentation and information about the User.
4.1.7. Ensure confidentiality of information entered by the User when using the Website through the User's personal account, except for cases where such information is posted in publicly accessible sections of the Website (e.g., chat).
4.1.8. Consult the User on all questions related to the Website. The complexity of the question, scope, and duration of consultation shall be determined independently by the Rights Holder in each specific case.
4.2. The User undertakes to:
4.2.1. Use the Website only within the rights and by the means set forth in this Agreement.
4.2.2. When placing an Order, provide the following information about contact details, phone number, last name, first name and patronymic, delivery address and time, email address, as well as leave comments if necessary.
4.2.3. Strictly adhere to and not violate the terms of this Agreement, as well as ensure confidentiality of commercial and technical information obtained through cooperation with the Rights Holder.
4.2.4. Refrain from copying in any form, as well as from modifying, supplementing, or distributing the Website or its content (or any part thereof), and refrain from creating derivative works based on it without prior written permission of the Rights Holder.
4.2.5. Not use any devices or computer programs to interfere with or attempt to interfere with the normal operation of the Website.
4.2.6. Promptly notify the Rights Holder of all facts of unlawful use of the Website by third parties that become known to the User.
4.2.7. Use the Website without violating the property and/or personal non-property rights of third parties, as well as prohibitions and restrictions established by applicable law, including without limitation: copyright and neighboring rights, trademark, service mark, and geographical indication rights, industrial design rights, portrait rights.
4.2.8. Not allow the posting and transmission of illegal, indecent, defamatory, discrediting, threatening, pornographic, hostile materials, as well as those containing harassment and signs of racial or ethnic discrimination, calling for actions that may be considered criminal offenses or violations of any legislation, as well as materials deemed unacceptable for other reasons, including materials promoting a cult of violence and cruelty, and materials containing obscenities.
4.2.9. Not distribute advertising materials in private messages to other Users without obtaining their prior consent to receive such materials (SPAM).
4.2.10. Perform other obligations set forth in this Agreement.
4.3. The Rights Holder has the right to:
4.3.1. Suspend or terminate the User's registration and access to the Website if the Rights Holder has reasonable grounds to believe that the User is engaged in unlawful activity.
4.3.2. Collect information about User preferences and methods of using the Website (most frequently used features, settings, preferred time and duration of Website use, etc.), which does not constitute personal data, for the purpose of improving Website operation, diagnosing and preventing Website malfunctions.
4.3.3. Unilaterally amend this Agreement by issuing new versions thereof.
4.3.4. Remove user-generated content at the request of authorized bodies or interested parties if such content violates applicable legislation or third-party rights.
4.3.5. Temporarily suspend Website operation, as well as partially or fully restrict or terminate access to the Website until necessary technical maintenance and/or modernization of the Website is completed. The User shall not be entitled to claim compensation for such temporary suspension of services or restricted Website availability.
4.4. The User has the right to:
4.4.1. Use the Website within the limits and by means set forth in this Agreement.
4.4.2. In accordance with the Consumer Protection Law, the User has the right to refuse a product purchased remotely (including through an online store) at any time prior to its receipt. In this case, funds received from the User shall be refunded by the Company to the User in the same manner as payment was made. The refund period is 3 to 7 days. Delivery costs are also refunded upon return of funds.
Please note that live flowers fall into the category of products not subject to return (in accordance with Article 25 of the Consumer Protection Law and the List of non-food products of proper quality not subject to return or exchange for similar products of other size, shape, dimensions, style, color, or assortment (as amended by Decrees of the Government of the Russian Federation dated 20.10.1998 No. 1222, dated 06.02.2002 No. 81)).
4.5. The User shall not be entitled to consent to perform this Agreement in cases where they do not have the legal right to use the Website in the country where they are located or reside, or if they have not reached the age at which they have the right to enter into this Agreement.
5. Terms and Conditions of Use
5.1. Provided that the User complies with this Agreement, the User is granted a simple (non-exclusive) license to use the Website via a personal computer, mobile phone, or other device, within the scope and in the manner established by this Agreement, without the right to grant sublicenses or assign.
5.2. In accordance with the terms of this Agreement, the Rights Holder grants the User the right to use the Website in the following ways:
5.2.1. Use the Website to view, review, leave comments and other entries, and exercise other functionality of the Website, including by rendering on the monitor (screen) of the User's corresponding technical device;
5.2.2. Temporarily load into the memory of an electronic computer for the purposes of using the Website and its functionality;
5.2.3. Quote elements of user-generated content on the Website with indication of the source of quotation, including a link to the URL address of the Website.
5.3. The User shall not be entitled to perform the following actions when using the Website, as well as any constituent parts of the Website:
5.3.1. Modify or otherwise process the Website, including translating it into other languages.
5.3.2. Copy, distribute, or process materials and information contained on the Website, except where this is necessary and required by the implementation of functionality available to a specific User.
5.3.3. Violate the integrity of the security system or perform any actions aimed at bypassing, removing, or deactivating technical protection measures; use any code intended to distort, delete, damage, imitate, or disrupt the integrity of the Website, transmitted information, or protocols.
5.4. Any rights not expressly granted to the User in accordance with this Agreement are retained by the Rights Holder.
5.5. The Website is provided by the Rights Holder on an "AS IS" basis, without any warranty obligations of the Rights Holder or any obligation to eliminate deficiencies, provide operational support, and improve.
5.6. By accepting the terms of this Agreement, the User grants the Rights Holder and other Users a non-exclusive, gratuitous right to use (a simple license) materials that the User adds (posts) on the Website in sections designed for access by all or some Users (chats, discussions, comments, etc.). The specified right and/or permission to use materials is granted simultaneously with the User adding such materials to the Website for the entire term of exclusive rights to objects of intellectual property or protection of non-property rights to such materials for their use throughout all countries of the world.
6. Personal Data and Privacy Policy
6.1. To fulfill the terms of this Agreement, the User agrees to provide and consents to the processing of personal data in accordance with Federal Law No. 152-FZ "On Personal Data" dated July 27, 2006, on the terms and for the purposes of proper performance of this Agreement. "Personal data" means personal information that the User provides about themselves independently to perform acceptance.
6.2. The Rights Holder guarantees confidentiality with respect to the User's personal data and provides access to personal data only to those employees who need this information to fulfill the terms of this Agreement, ensuring that such persons maintain confidentiality and security of personal data during processing. The Rights Holder also undertakes to keep confidential all information obtained from Users, regardless of the content of such information and the methods of obtaining it.
6.3. Information obtained by the Rights Holder (personal data) shall not be disclosed, except in cases where disclosure is required by legislation of the Russian Federation or is necessary for the operation of the Website and its functions (for example, when posting comments in the "Comments" section of the Website, the name, date, and time of comment submission are displayed under the User's written comment).
7. Liability of the Parties
7.1. The Parties bear responsibility for non-performance or improper performance of their obligations in accordance with the terms of this Agreement and Russian legislation.
7.2. The Rights Holder does not assume responsibility for the suitability of the Website for specific purposes of use.
7.3. The Rights Holder is not responsible for technical interruptions in the Website's operation. Nevertheless, the Rights Holder undertakes to take all reasonable measures to prevent such interruptions.
7.4. The Rights Holder is not responsible for any actions of the User related to the use of the granted rights to use the Website; for any damage suffered by the User due to loss and/or disclosure of their data or in the process of using the Website.
7.5. If any third party brings a claim against the Rights Holder due to the User's violation of this Agreement or current legislative norms, or the User's infringement of third-party rights (including intellectual property rights), the User undertakes to compensate the Rights Holder for all expenses and losses, including paying any damages and other costs associated with such a claim.
7.6. The Rights Holder is not responsible for the content of messages or materials posted by Website Users (user-generated content), any opinions, recommendations, or advice contained in such content. The Rights Holder does not conduct prior review of the content, authenticity, and safety of these materials or their components, nor their compliance with applicable law requirements, and does not necessarily verify that Users have the necessary scope of rights to use them.
7.7. The Rights Holder is not responsible for damage caused to the User as a result of improper use of Products ordered on the Website.
8. Dispute Resolution
8.1. The pre-trial dispute resolution procedure arising from this Agreement is mandatory for the Parties.
8.2. Claim letters shall be sent by the Parties by hand delivery or registered mail with notification of receipt to the address of the Party's location.
8.3. Sending claim letters by the Parties by any means other than specified in section 8.2 of this Agreement is not permitted.
8.4. The review period for a claim letter is 2 business days from the date of receipt by the addressee.
8.5. Disputes under this Agreement are resolved in a court of law at the location of the defendant.
9. Final Provisions
9.1. This Agreement is governed by and construed in accordance with the legislation of the Russian Federation. Questions not addressed by this Agreement shall be resolved in accordance with the legislation of the Russian Federation. All possible disputes arising from relations governed by this Agreement shall be resolved in the manner established by current legislation of the Russian Federation, under Russian law. Throughout this Agreement, the term "legislation" means legislation of the Russian Federation.