Dear friends!
I am on vacation from June 14th to June 20th.
- trying to find real whales in the North Sea and swim with them in super cold water -

All orders will be processed after June 20th.

PUBLIC OFFER AGREEMENT

GENERAL PROVISIONS 

This Public Offer Agreement contains the terms and conditions for the conclusion of the Sale and Purchase Agreement (hereinafter referred to as the "Sale and Purchase Agreement" and/or "Agreement"). This Offer is an offer addressed to one or more specific persons, which is sufficiently definite and expresses the intention of the person making the offer to consider himself/herself as having concluded the Agreement with the addressee who will accept the offer. 

The performance of the actions set forth in this Offer shall constitute a confirmation of the parties' agreement to enter into the Agreement on the terms, in the manner and to the extent set forth in this Offer.

The text hereafter of the Public Offer Agreement is an official public offer of the Seller addressed to the interested parties to conclude the Sale and Purchase Agreement. 

The Agreement is deemed to be concluded and comes into force from the moment you performing the actions covered by the Offer and confirms your unconditional adhesion to all the terms and conditions of the Offer, without any exceptions or restrictions.

TERMS AND DEFINITIONS  

Agreement means the text of this Offer with the Annexes, which are an integral part of this Offer, accepted by the Buyer by performing the conclusive actions provided for in this Offer.

Conclusive actions are behaviors that express agreement with the counterparty's proposal to conclude, modify or terminate an agreement. The actions consist of the full or partial fulfillment of the conditions offered by the counterparty. 

Website means a set of pages located on the Internet at the domain http://lenazaycman.art/, which is a composite object of intellectual property consisting of computer programs and other software application, databases, graphical content and other products, combined to ensure proper functioning of the Website and to use its features.
The Website provides the Users with the possibility to access to the materials located on the Internet. 

Parties to the Agreement (Parties) mean Seller and Buyer. 

Product means any Physical Items, Digital Items, and any Master Class Materials including reading materials, videos, audio materials and other materials located at http://lenazaycman.art/ on the Internett to which Seller provides access to Buyer on a fee basis.

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SUBJECT OF THE AGREEMENT

Under this Agreement, the Seller undertakes to transfer Physical Item to the ownership of the Buyer or provide an access to the Digital Item or Master Class Materials, and the Buyer undertakes to accept the Products and pay a certain amount of money for them.

The name, quantity and assortment of the Product, its cost, delivery procedure and other conditions are determined on the basis of the Seller's information when the Buyer makes an application, or are established on the Seller's website http://lenazaycman.art/.

Acceptance of this Offer is expressed in the performance of conclusive actions, in particular:

- actions related to the registration of an account on the Seller's Website on the Internet, if there is a need to register an account;

- by filling in and submitting an order form for the Products;

- by providing the information necessary for the conclusion of the Agreement by telephone, e-mail indicated on the Seller's website, including the Seller's call back at the Buyer's request;

- payment for the Products by the Buyer.

This list is not exhaustive, there may be other actions that clearly express the person's intention to accept the counterparty's offer.

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RIGHTS AND OBLIGATIONS OF THE PARTIES

Seller's Rights and Obligations:

The Seller shall have the right to demand payment for the Products and their delivery in the manner and under the conditions set forth in the Agreement; 

Refuse to conclude the Agreement on the basis of this Offer to the Buyer in case of his/her unscrupulous behavior, in particular in case of: 

- more than 2 (two) rejections of products of proper quality within one year;

- providing knowingly unreliable personal information;

- returning the Products spoiled or used by the Buyer;

- other cases of unscrupulous behavior indicating that the Buyer concluded the Agreement for the purpose of abusing rights, and the absence of the usual economic purpose of the Agreement, which is the purchase of Products. 

The Seller undertakes to transfer to the Buyer the Product of proper quality and in proper packaging;
Transfer the Product free from the rights of third parties;
Organize delivery of the Products to the Buyer;
Provide the Buyer with all necessary information in accordance with the requirements of this Offer.

Buyer's Rights and Obligations: 

The Buyer has the right to demand the transfer of the Product in accordance with the procedure and under the conditions established by the Agreement. 

To demand provision of all necessary information in accordance with the requirements of this Offer; 

Reject the Product for any reason specified in the Agreement. 

The Buyer undertakes to provide the Seller with reliable information necessary for the proper fulfillment of the Agreement; 

Accept and pay for the Product in accordance with the terms and conditions of the Agreement; 

The Buyer warrants that all terms and conditions of the Agreement are clear; 

The Buyer accepts the terms and conditions without reservations and in full.

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PRICE AND PAYMENT PROCEDURE

The price as well as the payment procedure for the Product is determined on the basis of the Seller's information when the Buyer places an order, or is set on the Seller's website: http://lenazaycman.art/. 

PRIVACY AND SECURITY

The Parties undertake to keep confidentiality of the information obtained in the course of execution of this Agreement and to take all possible measures to protect the obtained information from disclosure. 

Confidential Information means any information provided by Seller and Buyer in the course of the realization of the Agreement and subject to protection. 

FORCE MAJEURE 

The Parties shall be released from the terms of this agreement due to force-majeure circumstances beyond the Parties’ control. In such case timing for the implementation of obligations of the present Public Offer Agreement shall be extended for a period equal to that during which such circumstances and their consequences will remain in force without payment of damages.

Force majeure circumstances include natural disasters, fire, military actions of any kind, sudden currency fluctuation, coups, severe measures taken by the public authorities or municipal services, communications and electricity blackout, influence of software of a destructive nature, abusive activity of third persons, aimed to get illegal access and/or to break and put out of action software and/or hardware complex of the Parties, acts of terrorism, and other circumstances, making impossible proper execution of provisions hereto by the Parties.

The Party to whom it becomes impossible to meet its obligations undertakes to immediately advise the other party of the commencement and cessation of the abovementioned circumstances (not later than 5 working days) in written form.

In the case of a dispute about the beginning, duration and end of the force majeure, the competent authority’s opinion at the location of the Party will be an appropriate and sufficient evidence of the beginning, duration and end of such circumstances.

Failure to notify or untimely notification deprives the Party of the right to refer to any of the above circumstances as a reason relieving from liability for non-performance of any obligation of the Public Offer Agreement.

If the impossibility of complete or partial performance of an obligation lasts for more than 30 calendar days, each of the parties shall have the right to cancel the contract totally or partially upon written notice to the other party.

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ADDITIONAL TERMS AND CONDITIONS 

The Agreement, its conclusion and performance shall be governed by the applicable laws of the Russian Federation. All issues not settled by this Offer or not fully settled shall be regulated in accordance with the substantive law of the Russian Federation.
In case of any dispute that may arise between the Parties in the course of fulfillment of their obligations under the Contract concluded under the terms of this Offer, the Parties shall settle the dispute amicably before the court proceedings.
Judicial proceedings shall be carried out in accordance with the legislation of the Russian Federation.
Disputes or disagreements on which the Parties have not reached an agreement shall be resolved in accordance with the legislation of the Russian Federation. Pre-trial dispute resolution procedure is mandatory.
Inaction of one of the Parties in case of violation of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, and does not mean a waiver of its rights in case of committing by one of the Parties of similar or similar violations in the future.
If the Seller's Website contains links to other websites and materials of third parties, such links are placed for information purposes only, and the Seller has no control over the content of such sites or materials. The Seller shall not be liable for any loss or damage that may arise from the use of such links.