Public Offer Agreement for Provision of Digital Distribution Services of TMG Publisher
1. General Provisions:
1.1. TM Group, LLC, hereinafter referred to as the “Seller,” has published the Public Offer of Services placed at the Seller’s official website https://tmgpublisher.ru
1.2. Under Article 437 of the Civil Code of the Russian Federation (hereinafter, the “Civil Code”), this document is a public offer and in the event of acceptance of the terms and conditions below, the individual accepting this offer shall pay for the Seller’s Services in accordance with the terms and conditions hereof. Under Paragraph 3 of Article 438 of the Civil Code, the Buyer’s payment for the Services constitutes acceptance of the offer, which is deemed equal to the conclusion of the Agreement on the terms and conditions set forth in the offer.
1.3. On the grounds of the foregoing, read closely the text of the public offer and if you disagree with any clause of the offer, you’ll have to stop using the Services provided by the Seller.
1.4. In this offer, unless the context otherwise requires, the terms below shall have the following meanings:
• “Offer” shall mean the Seller’s public offer to any individual (citizen) to conclude an agreement on the terms and conditions stipulated under this Agreement, including all annexes hereto.
• “Buyer” shall mean an individual that concluded the Agreement with the Seller on the terms and conditions stipulated under this Agreement.
• “Acceptance” shall mean full and unconditional acceptance of the terms and conditions of the Agreement.
• “Service” shall mean the list of assortment item to be found at the official website.
• “Order” shall mean individual items from the assortment list of the Services specified by the Buyer when preparing an application at the website or via the Operator.
2. Subject Matter of the Agreement
2.1. The Seller shall sell the Service in accordance with the effective price list published at the Seller’s websitehttps://lk.tmgpublisher.com/#/faq
, and the Buyer shall pay for and accept the Service in accordance with the terms and conditions hereof.
2.2. This Agreement and any annexes hereto are the Seller’s official deeds and integral parts of the offer.
3. Ordering Procedure
3.1. The Service shall be ordered by the Buyer via the websitehttps://tmgpublisher.ru
3.2. During registration at the Seller’s website, the Buyer shall provide the following registration details:
• Surname, first name,
• E-mail address;
• Contact telephone number (mobile, landline).
3.3. When placing the Order via the Operator, the Buyer shall provide the details specified in Clause 3.2 hereof. Acceptance by the Buyer of the terms and conditions hereof shall be performed by the Buyer through entering relevant details into the registration form at the website or during placement of the Order via the Operator. The Buyer may edit his/her registration details. The Operator shall not modify or edit the Buyer’s registration details without the consent of the latter. The Seller shall not disclose the Buyer’s details specified during the registration at https://tmgpublisher.ru and Order placement to any persons not related to the execution of the Order. Upon confirmation of the Service selected, the Buyer shall provide the Operator with the required details in accordance with the procedure specified in Clause 3.2 hereof.
3.4. Neither the Seller nor the Operator shall be liable for the content and fairness of the information provided by the Buyer during Order placement.
3.5. The Buyer shall be liable for fairness of the details provided during Order placement.
3.6. Payment by the Buyer for the Oder made individually at the website shall imply consent to the terms and conditions hereof. The date of Order payment shall be the date of the conclusion of the Agreement between the Seller and the Buyer.
3.7. All information materials found athttps://tmgpublisher.ru
are of informative nature and may not fully provide true information on certain properties and characteristics of the Service. If the Buyer has any questions concerning the Service, he/she shall consult the Operator before making the Order.
4. Lead Time
4.1. The Order lead time shall depend on the Service type and the time required to process the Order. In exceptional cases, the Order lead time may be negotiated with the Buyer individually, depending on the type of the provided Services. If the Seller is unable to provide the Service, including for reasons beyond the latter’s control, the Seller may cancel the Service from the Buyer’s order. The Seller shall notify the Buyer on the modification of the Order via the Operator.
4.2. The Order shall be deemed fulfilled when the Service is accepted by the Buyer.
4.3. If the Buyer provides any inaccurate contact details, the Seller shall not be liable for the improper fulfillment of the Order.
4.4. In the event of improper fulfillment of the Order through the Seller’s fault, the repeated fulfillment of the Order shall be for free.
5. Order Payment
5.1. Payment of the completed Order shall be performed by transfer by the Buyer of funds to the Seller’s employee. The Order payment shall be confirmed by a cash receipt.
5.2. The Service prices specified at https://tmgpublisher.ru
may be changed by the Seller unilaterally without notice to the Buyer. If the price of the Services ordered is changed, the Operator shall notify the Buyer of such a change as soon as practicable. The Buyer may either confirm or cancel the Order. Where it is impossible to contact the Buyer, the Order shall be deemed canceled in fourteen (14) calendar days from the date of placement.
5.3. Funds can be received in two forms: in cash and by wire transfer.
6. Return of the Order
6.1. Under Paragraph 4 of Article 26.1 of Law No. 2300-I of the Russian Federation On Consumer Rights Protection, the Buyer may repudiate the Service at any moment before the Order fulfillment.
6.2. The Buyer may not refuse any paid Order (or any part thereof) of proper quality, which has with individually determined properties.
6.3. In the event of the provision of any Service of improper quality, the Buyer shall contact the Seller as soon as practicable.
6.4. Under Article 22 of Law No. 2300-I of the Russian Federation On Consumer Rights Protection, any amount paid by the Buyer for a Service of improper quality shall be returned to the Buyer within ten (10) calendar days from the date of the relevant claim. The funds shall be returned in cash in the Seller’s office. If the Service was paid for via an electronic payment system, the funds shall be returned to the Seller’s electronic account within five (5) business days.
6.5. To return the funds for a Service of proper quality (provided in accordance with the description at https://lk.tmgpublisher.com/#/faq
), the following conditions shall be complied with:
- Negotiate the return of the funds with the help desk
- The Service shall not have been provided.
In other cases, return of funds for the Service of improper quality is impossible.
6.6. To return the funds for a Service of improper quality (provided not in accordance with the description at https://lk.tmgpublisher.com/#/faq
), a certificate of funds return shall be executed specifying:
- The Seller’s full corporate name;
- The Buyer’s full name and passport details;
- The Service description;
- The reason for return of the funds for the Service;
- The date of Service provision;
- The amount to be returned;
- Signatures of the Seller and the Buyer.
6.7. To return the funds if the Service provision did not occur, the following conditions shall be satisfied:
In other cases, return of funds for the Service that was not rendered is impossible.
6.8. The price of the Service shall be returned within ten (10) days from the date of the Buyer’s relevant claim.
6.9. For return of the funds to a banking card, the Customer shall complete the Refund Application, which shall be sent by the Company upon request to the Customer’s address, and then send it and any accompanying annexes at the address: LOTOS Business Center, 2A Odesskaya Str., city of Moscow. The funds shall be transferred to the Customer’s banking account specified in the application within ten (10) business days from the date of receipt of the Refund Application by the Company.
6.10. For return of the funds credited to the Company’s settlement account by mistake through a payment system, the Customer shall submit a written application and a copy of his/her passport and receipts confirming the wrong crediting of the funds. This application shall be submitted at the address: LOTOS Business Center, 2A Odesskaya Str., city of Moscow. Upon receipt of the written application with the accompanying passport copy and receipts, the Company shall perform the refund within ten (10) business days from the date of receipt of the Application to the Customer’s settlement account specified in the Application. In this case, the refund amount shall be equal to the cost of the Order.
6.11. The period of Application consideration and refund to the Customer shall commence from the date of receipt by the Company of the Application and shall be in business days, excluding days-off and public holidays. If the application was received by the Company after 06.00 p.m. on a business day or on a day-off or a public holiday, the next business day shall be deemed the date of receipt by the Company of the Application.
6.12. The Buyer shall submit the request for refund to the Seller either in writing at the address: LOTOS Business Center, 2A Odesskaya St., Moscow or electronically at [email protected]
The request shall be in a free form with a mandatory specification of the Buyer’s contact details corresponding to those specified when the Service was ordered, description of the Service returned and the reason for the return. The Buyer may ask the Seller any questions by using telephone number: 8 (800) 551-38-08.
7.1. All text information and graphics at https://tmgpublisher.ru
are property of the Seller and/or its suppliers.
8. Rights, Obligations, and Liability
8.1. The Seller shall not be liable for improper use by the Buyer of the Services ordered at the website or via the Operator.
8.2. The Seller may transfer its rights and obligations on Order fulfillment to any third parties.
8.3. The Seller may record telephone talks with the Buyer. Under Paragraph 4 of Article 16 of the Federal Law On Information, Information Technology, and Information Protection, the Seller shall prevent any attempts of unauthorized access to information and/or its transfer to persons not related directly to the Order fulfillment; identify and eradicate such events in a timely manner. The telephone talks shall be recorded to control the Operator’s activities and the quality of Order fulfillment.
8.4. The Buyer may send any claims regarding improper order fulfillment to the e-mail specified at https://tmgpublisher.ru
. All information obtained shall be processed as soon as practicable.
Director General: Andrey Viktorovich Grigoryan
Telephone: 8 (800) 551-38-08