Public offer

This Offer is governed by and should be read together with the Privacy Policy and Refund and Exchange Policy.

Tatiana Vitalyevna Vlasova, a self-employed individual (hereinafter referred to as the “Seller”), on the one hand, and an Internet user (hereinafter referred to as the “Buyer” or the “User”), on the other hand, collectively referred to as the “Parties”, have entered into this Agreement (hereinafter referred to as the “Agreement”).

Pursuant to Article 435 and paragraph 2 of Article 437 of the Civil Code of the Russian Federation, this Agreement constitutes a public offer to enter into a contract, addressed to an indefinite number of persons using the Internet.

Pursuant to Article 438 of the Civil Code of the Russian Federation, the Buyer’s full and unconditional acceptance of this Agreement (acceptance) shall be deemed to occur upon any of the following: the Buyer’s confirmation of agreement to the terms of this Agreement; the Buyer’s making of an advance payment; or the Buyer’s commencement of use of any Work and/or any services provided by the Seller under this Agreement.

By taking any of the above actions, the Buyer also accepts the terms governing the processing of personal data set out in Clause 10 of this Agreement.

1. Definitions Used in This Agreement.
1.1. Buyer (User) – an Internet user who has accepted the terms of this Agreement and/or registered on the Seller’s Website and/or made an advance payment to download any Works and/or downloaded any Work and/or commenced using any services provided by the Seller.
1.2. Works (Content) – musical arrangements of various musical compositions, made available in digital format via the Internet, in various file formats, hosted on the Seller’s Website and accessible to Users through the Website.
1.3. Catalogue – a collection of Works.
1.4. Seller’s Website (Website) – the online information resource owned and administered by the Seller, available under the domain name tatianavlasova.com, including its English-language version at tatianavlasova.com/en.
1.5. Downloading – the act of downloading or copying a Work onto the Buyer’s computer, smartphone, or other device.
1.6. Billing System – a system for recording and tracking payments.

2. Subject Matter of the Agreement.
2.1. The Seller grants the Buyer the right to use the Works listed in the Catalogue for personal use, subject to the terms and conditions of this Agreement.

3. Obligations of the Parties.
3.1. Rights and Obligations of the Seller:
3.1.1. The Seller shall make the Works available to the Buyer for download and/or other use in accordance with this Agreement within 24 hours of the Billing System confirming receipt of payment and/or the Seller identifying the Buyer as the person who made the payment and/or as the person entitled to receive the Work.
3.1.2. The Seller shall not disclose to third parties the Buyer’s name, telephone number, email address, or any other information obtained from the Buyer during the ordering process, except as permitted or required by applicable law.
3.1.3. The Seller reserves the right to amend and/or supplement this Agreement and/or its Appendices from time to time. Such amendments and/or supplements shall take effect and become binding on the Parties upon publication on the Seller’s Website.

3.2. Rights and Obligations of the Buyer:
3.2.1. The Buyer may place orders for any Works made publicly available on the Seller’s Website.
3.2.2. The Buyer shall make payment in accordance with Clause 4 of this Agreement.
3.2.3. The Buyer may obtain the selected Works, provided that payment for such Works has been made by the Buyer, by another User on behalf of the Buyer, or in accordance with other terms offered by the Seller.
3.2.4. The Buyer may use the Works provided by the Seller under this Agreement for personal purposes at the Buyer’s discretion. The Buyer may store copies of the Works on any personal device owned by the Buyer. The Buyer may also convert downloaded files containing the Works into any file format of the Buyer’s choice, where necessary.
3.2.5. The Buyer has the right to request the deletion of their account on the Seller’s Website and in any applications provided by the Seller, together with the associated personal data, without undue delay. To exercise this right, the Buyer must submit a request by email to info@tatianavlasova.com or through any other contact details specified in this Offer.
3.2.6. The Buyer is prohibited from:
— distributing or sharing the Works with third parties, in whole or in part;
— reproducing the Works, that is, making copies of the Works or any parts thereof in any physical form, where such reproduction is intended for further distribution;
— making the Works available to the public via the Internet or other digital networks, including by uploading or posting the Works on any websites, mobile applications, or other online platforms;
— using the Works in any manner other than those specified in Clause 3.2.4 of this Agreement;
— engaging in any other activities involving the use of the Works that violate intellectual property laws;
— engaging in or attempting to engage in any act, or failing to take any action, that is intended to gain unauthorised access to or interfere with the Website or the Seller’s software, or that causes or may cause any disruption, malfunction or impairment of their operation, interferes with the normal functioning of the Website, or otherwise causes or may cause harm to the Seller and/or any third party.
Any breach of the requirements set out in Clause 3.2.6 of this Agreement constitutes a violation of applicable law, including laws governing the protection of intellectual property rights and computer information, and may give rise to civil, administrative and criminal liability in accordance with applicable law!
3.2.7. The Buyer may direct any questions or enquiries to the Seller’s Customer Support Service at the following email address: info@tatianavlasova.com

4. Payment Terms.
4.1. The Buyer shall make an advance payment through the Billing System in the currency indicated on the Website for the relevant Work, either Russian rubles or US dollars. If the currency of the Buyer’s payment method differs from the payment currency, the conversion shall be carried out by the Buyer’s bank or the relevant payment provider at the exchange rate applied by them. Any fees charged for currency conversion or payment processing shall be borne by the Buyer.
4.2. The Seller reserves the right to change the prices in effect from time to time by publishing the revised prices on the Seller’s Website. Any price changes shall not affect Works that have already been paid for.
4.3. Prices for the Works displayed on the Website may vary depending on the Buyer’s country of residence and the currency selected.

5. Liability of the Parties. Limitation of the Seller’s Liability.
5.1. The Buyer assumes full responsibility for and bears all risks associated with the use of the Catalogue.
5.2. The Buyer shall be solely responsible for any use by third parties of information sent by the Seller to the email address provided by the Buyer when placing an order.
5.3. The Buyer shall bear full responsibility for any violations of applicable law, including, but not limited to, the violations specified in Clause 3.2.6 of this Agreement.
5.4. The Seller shall not be liable for any expenses incurred by the Buyer or for any direct or indirect loss or damage that the Buyer may suffer as a result of using the Catalogue.
5.5. The Seller shall not be liable for the quality or availability of the Buyer’s Internet connection when accessing the Catalogue.
5.6. The Seller shall not be liable for any direct or indirect loss or damage suffered by the Buyer as a result of data transmission errors, malfunctions or defects in software and/or hardware, data loss or corruption, errors in data processing or display, delays in data transmission, or any other failures not attributable to the Seller.
5.7. The Seller’s Website and all related services are provided on an “as is” basis, without any express or implied warranties that the Website and/or such services are suitable for any particular purpose.
5.8. The Seller shall not be liable for the User’s inability to access or use the Website and/or any related services for any reason, including, but not limited to, errors, omissions, interruptions, deletion of data, defects, delays in data processing or transmission, disruptions to communication lines, equipment failures, technical malfunctions or other problems affecting telephone networks or services, computer systems, servers or service providers, computer or telephone equipment, software, or the failure of third-party service providers to fulfil their obligations.
5.11. Under no circumstances shall the Seller be liable for any expenses incurred by the User or for any direct or indirect loss or damage, including loss of profits, loss of data, or damage to the User’s honour, reputation or business reputation, arising from the use of the Website, mobile applications and/or related services.
5.12. The Seller shall not be liable to the Buyer merely because the Buyer is dissatisfied with the content, presentation or other aspects of a purchased Work that conforms to the agreed specifications and is of satisfactory quality, provided that the Buyer experiences no technical difficulties in downloading or viewing the Work attributable to the Seller.
5.12. The Seller shall not be liable if the Buyer, having paid for a Work and been granted access to it, fails to access or use the Work within the period specified in the order.

6. Term and Termination of the Agreement.
6.1. This Agreement shall enter into force upon its acceptance by the Buyer and shall remain in effect until both Parties have fully performed their respective obligations under this Agreement.

7. Force Majeure.
7.1. The Parties shall be released from liability for any partial or complete failure to perform their obligations under this Agreement if such failure results directly from force majeure events arising after the conclusion of this Agreement, including extraordinary events such as fire, flood, hurricane, earthquake, or restrictions imposed by government authorities on the activities of either Party, as well as other similar circumstances that the Parties could neither have foreseen nor reasonably prevented.

8. Miscellaneous Provisions.
8.1. If any provision or any part of a provision of this Agreement is held to be invalid or unenforceable, the remaining provisions and parts of provisions shall remain in full force and effect.
8.2. All Appendices to this Agreement form an integral part of this Agreement.
8.3. This Agreement shall be governed by the laws of the Russian Federation. Nothing in this Agreement shall exclude or limit the application of any mandatory consumer protection laws applicable to the Buyer under the laws of the relevant country.

9. Dispute Resolution.
9.1. Any disputes or disagreements arising out of or in connection with this Agreement shall first be addressed through the pre-litigation complaints procedure. The Seller shall review and respond to any complaint within seven (7) calendar days of receipt from the Buyer.
9.2. If the Parties are unable to resolve a dispute through negotiations and the pre-litigation complaints procedure, the dispute shall be submitted to a court of competent jurisdiction in accordance with applicable law. Nothing in this Agreement shall restrict the Buyer’s right to bring proceedings before a court or to exercise any other remedies available under mandatory consumer protection laws applicable to the Buyer.

10. Personal Data Processing Notice.
10.1. The Buyer’s personal data processed includes: surname, first name and patronymic; email addresses; contact telephone numbers; information about the Buyer’s preferences when selecting Works; information about the number of Works purchased; user data (including location data, information about the pages accessed by the User and the buttons clicked, IP address and SID); and information about payments received.
10.2. The following operations may be performed on personal data: collection; recording; systematisation; accumulation; storage; updating (renewal or modification); retrieval; use; transfer (provision or access); blocking; erasure; and destruction.
10.3. The Seller may use the Buyer’s personal data to identify the Buyer; register and/or authenticate the Buyer; verify payment details; provide personalised services; communicate with the Buyer; process applications and enquiries; perform anonymised statistical analyses; and improve the quality of the services provided to the Buyer.
10.4. Personal data may be shared for processing with the Seller’s business partners who work with the Seller to provide products and services, or who assist the Seller in making products and services available to consumers. Such data shall be limited to the minimum amount of personal data necessary to provide the requested service or carry out the required transaction.
10.5. The Buyer’s personal data shall be processed for the duration of this Agreement.