| printer friendly | ||
Offer Agreement
PUBLIC OFFER
International non-governmental organization «The International Centre of the Roerichs»
Public offer №1 to conclude a donation agreement
1. The value of this public offer
1.1. The present public offer hereinafter referred to as the «Offer» is the proposal of the International non-governmental organization «The International Centre of the Roerichs» (hereinafter referred to as the «Organization») the bank details of which are specified in Section 4 of the Offer, in the person of the ICR Vice-President Alexander V. Stetsenko, acting on the basis of the Charter, to conclude with any person, who will respond to an Offer, the Donation Agreement (hereinafter referred to as «Agreement»), under the conditions provided by the Offer.
1.2. The offer is a public offer in accordance with clause 2 Article 437 of the Civil Code of the Russian Federation.
1.3. The offer comes into force on the day following the day of its posting on the Organization’s website on the Internet at http://en.icr.su/contacts/accounts.php (hereinafter referred to as «The Site»).
1.4. The offer is valid indefinitely and shall continue until the day following the day of posting the information about the Offer cancellation on the Site. The Organization has the right to cancel the offer at any time without giving reasons.
1.5. The Offer is subject to the amendments and additions, which shall come into force on the day following the date of their posting on the Site.
1.6. The invalidity of one or more conditions of the Offer will not affect the validity of the other conditions of the Offer.
1.7. The Organization has the right to conclude the donation agreements otherwise than provided in Section 2 of the Offer with the reference to the Offer; in this case the value and application of the Offer is determined by the conditions of such agreements.
1.8. The Organization is ready to conclude the donation agreements otherwise than provided in the Offer and (or) on the terms different from those, indicated in the Offer, wherefore any interested person can apply to the Organization. According to the Article 428 of the Civil Code of the Russian Federation the Agreement is not considered as a contract of adhesion. This paragraph does not constitute an offer.
1.9. The location of the Offer is the city of Moscow, Russian Federation.
2. The order of conclusion of the Agreement
2.1. Any individual person or legal entity, public legal formation, international organization and any other entity of the civil law has the right to accept the Offer (to respond to the Offer) and thus to conclude the Agreement with the Organization.
2.2. The Agreement shall be concluded by the acceptance of an Offer by any of entities (hereinafter referred to as «Acceptor») mentioned in the clause 2.1 of the Offer.
2.3. The Offer may be accepted only by transferring the money by the Acceptor to the bank account of the Organization according to the bank details mentioned in clauses 4.5 - 4.7 of the Offer or by paying cash to the cash desk of the Organization. The payment document on transfer of funds for accepting the Offer hereinafter referred to as the “Payment document” and/or credit order in case of cash payment should state “Charitable donation for activity of Organization” as the purpose of payment. The acceptance of the Offer in any other way, in particular by transferring funds with the indication in the payment document of different wording of the payment purpose, shall not be permitted and is not the acceptance of the Offer.
2.4. The order of the acceptance of the Offer, provided by the clause 2.3 of the Offer, is the accomplishment of the actions on implementation of the conditions of the Agreement indicated in the Offer (payment of the relevant amount) in accordance with clause 3 of Article 438 of the Civil Code of the Russian Federation.
2.5. The example of filling out of the Payment document by an individual person is provided on the Site.
2.6. If there is no indication of the citizenship of an individual person in the Payment document, it is considered that the individual is a citizen of the Russian Federation. In case of executing the payment by the citizen of another country, his/her citizenship should be indicated in the Payment document.
2.7. If the Payment document doesn’t have information about the state, under law of which a legal entity has been founded and operates (this law is its personal law), then it is considered a legal entity has been founded and operates under the law of the Russian Federation, which is its personal law. The Payment document of the legal entity established and operating by law of another state (personal law of which is the law of another state) must include the information about that state.
2.8. The date of the acceptance of the Offer and the date of the conclusion of the Agreement, respectively, is the date of transferring funds to the bank account of the Organization, specified in clauses 4.5 - 4.7 of the Offer, or the date of the payment to the cash desk of the Organization. The place of the conclusion of the Agreement is the city of Moscow, the Russian Federation. In accordance with the paragraph 3 of Article 434 of the Civil Code of the Russian Federation, the Agreement is considered concluded in writing.
2.9. The submitting of the Payment document to the bank or making a payment to the cash office of the Organization for the acceptance of the Offer are possible only during the validity of the Offer (clauses 1.3 and 1.4 of the Offer). If the payment document is submitted to the bank after the termination of the Offer, the transfer of funds on it will not be considered as the acceptance of the Offer. If the cash payment is made to the cash desk of the Organization after termination of the Offer, it will not be considered as the acceptance of the Offer. In the day of submitting the payment order to the bank, or a cash payment to the cash desk of the Organization, the Acceptor is required to make sure that the Offer has not been canceled (clause 1.4 of the Offer).
2.10. The provision of the Payment document to the bank and transfer of funds on it, or executing the payment of cash to the cash desk of the Organization in accordance with the requirements of the Offer, is a full and unconditional agreement to the terms of the Offer.
2.11. Before the submission of the payment document to the bank or executing the payment of cash to the cash desk of the Organization the Acceptor shall:
- Make sure that the conclusion and execution of the Agreement is fully consistent with the law of the Russian Federation, and if the Acceptor is a citizen of another state or a legal entity established and acting on the law of another state (personal law of which is the law of another state), then with the law of that other state.
- Become familiar with the Charter of the Organization posted on a Site, including the authorized purposes of the Organization.
2.12. The submission of the payment document to the bank or executing of the payment of cash to the cash desk of the Organization means that the Acceptor guarantees the Organization the following:
1. The conclusion and execution of the Agreement is fully consistent with the law of the Russian Federation, and if the Acceptor is a citizen of another state or a legal entity established and acting on the law of another state (personal law of which is the law of another state), then with the law of that other state.
2. The Acceptor has become familiar with the Charter of the Organization posted on the Site, including the authorized purposes of the Organization.
2.13. The terms of the Agreement are determined by the Offer amended to reflect the changes and additions to the current (active) Offer as of the day of submission of the payment document to the bank by the Acceptor, or the day of the cash payment to the cash desk of the Organization.
2.14. The Agreement is considered to be concluded at the location of the Organization on the day of the conclusion of the Agreement.
2.15. The Acceptor shall assume full responsibility for compliance with the requirements of the Offer regarding the order of conclusion of the Agreement including full responsibility for the authenticity of the provided citizenship information of the Acceptor for an individual or state of law, according to which the Acceptor, a legal entity, had been established and acts (the law is its personal law) including all responsibility stipulated by civil, administrative and criminal law of the Russian Federation. The Acceptor must reimburse the Organization for all losses inflicted by the violation of the order of the Agreement provided by the Offer, including those caused by submitting of false information on the citizenship, or the personal law of the Acceptor.
2.16. The person who has accepted the Offer is hereinafter referred to as “Donor.”
3. Terms of the Agreement
3.1. The Donor transfers the ownership of the funds to the Organization in the amount indicated in the Payment Document or credit order (clause 2.3 of the Offer), to use them for the common good defined as the statutory objectives of the Organization, provided by the Charter:
· providing for the activity and development of the non-governmental Museum named after Nicholas Roerich created at the initiative of Svetoslav Roerich, which is included into the Centre and to be deemed its basis;
· preservation and popularization of the Roerichs' heritage donated to the Centre by Svetoslav Roerich;
· facilitation of research, preservation and popularization of the artistic legacy of the Roerichs, which is a part of the world culture and is of great asset and value to all nations on the planet;
· storage, detection, collection, research and publications of the museum items and collections;
· realization of peacekeeping activities, promoting the consolidation of friendship and concord between all nations, preventing social, national and religious conflicts, popularization of ideas of the «Roerich Pact» and «Banner of Peace».
3.2. The present Agreement is a donation in accordance with Article 582 of the Civil Code of the Russian Federation.
3.3. The right of ownership on the transferred funds passes starting from the date of transfer of the funds to the bank account of the Organization, or date of payment in cash.
3.4. Only with the consent of the Donor the Organization has the right to place on the Site and otherwise distribute the information about the Donor and the fact of conclusion and execution of the Agreement (namely: the information that the Donor has concluded and executed the Agreement including the information about the date of the conclusion or execution of the Agreement, the name (title) or the full name of the Donor and the amount of donations), except for the cases of providing this information by the Organization to the state and local authorities, or other persons when the Organization is required to provide such information. This consent is considered to be given by the Donor in case of indication in the payment document or credit cash order (clause 2.3 of the Offer) of the fact, that the donation is “anonymous”. The stated consent of the Benefactor is perpetual and irrevocable.
3.5. For all relations between the Donor and the Organization related to the Agreement, including relations connected with the conclusion, performance, violation, termination (including cancellation) of the Agreement, the substantive law of the Russian Federation should be applied with the exception of the conflict rules.
3.6. All disputes between the Donor and the Organization related to the Agreement including those relating to conclusion, performance, violation, termination (including cancellation) of the Agreement should be settled by a state court of general jurisdiction within the territory of the Russian Federation at the location of the Organization.
3.7. In case of any disputes between the Donor and the Organization concerning the content of the Offer, the text of the Offer submitted to the Court by the Organization should be a sufficient and appropriate evidence of the Offer content.
3.8. Failure to conclude or invalidity of one or more provisions of the Agreement shall not entail the invalidity or incompleteness of all other provisions of the Agreement.
4. Details of the Organization
4.1. The Organization is a legal entity established and acting by the current law of the Russian Federation.
4.2. The Organization is registered as a legal entity on December 17, 1991 in the Ministry of Justice of the Russian Federation with the registration number...
4.3. The full name of the Organization is International Non-Governmental Organization “International Center of the Roerichs.”
4.4. The short name of the Organization is International Center of the Roerichs.
4.5. Bank details of the Organization for monetary transfer in rubles:
Legal address:105264, Мoscow, 10th Parkovaya Street 18
Actual address: As above
INN:7704080037
KPP: 771901001
OKVED Code 94.99
OKTMO Code 45307000
Account:30101810400000000225
BIK: 044525225
Vice-President, ICR
Alexander V. Stetsenko
