End-User License Agreement
This Contract is a public contract - the Contract of a public offer, that is, in accordance with Article 633 of the Civil Code of Ukraine, its conditions are the same for all buyers irrespective of the status (physical person, legal entity, individual - entrepreneur). In full agreement with this Agreement, the buyer accepts the terms and order of execution of the order, payment of the goods, delivery of the goods.
This Agreement is an agreement between "CobraTek" (Internet-shop "cobratek.net") (hereinafter referred to as the "Seller") and any legal entity, sole proprietor or individual, user of the Internet store services, hereinafter referred to as the "Buyer" (hereinafter referred to as the "Buyer"), which includes all essential terms of the sale and purchase of the product by distance (that is, via the Internet - shop).
The terms of this Agreement regulate the relationship between the Seller and the Buyer and are determined by the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII of May 12, 1991, Rules of Retail Trade in Non-food Products, approved by the Order of the Ministry of Economy of Ukraine No. 104 dated April 19, 2007.
This agreement has the character of a public offer, is equivalent to an "oral agreement" and, in accordance with the current legislation of Ukraine, has the proper legal force.
1. General provisions
- 1.1. This agreement is a public offer (in accordance with articles 633, 641 and 63 of the Civil Code of Ukraine) and contains all essential conditions for the organization of purchase and sale in a remote way, that is through an online store.
- 1.2. In accordance with Art. 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of a public contract, that is, a public offer of an online store is a fact by clicking on the "Buy Now", Make Order, "Place Order" or "Buy in 1 click" and pay an order in the amount of 100% on terms of this agreement.
- 1.3. The public offer is also accepted upon the registration of the Buyer on the website of the online store.
- 1.4. By concluding the Agreement, the Buyer confirms that it is fully acquainted with and agrees with its terms, and, if the Buyer is an individual, gives permission to process his personal data in order to fulfill the conditions of this Agreement, the possibility of mutual settlements, as well as to receive invoices, certificates and other documents. The permission to process personal data is valid throughout the term of the Agreement. In addition, by concluding this Agreement, the Buyer confirms that he has been informed (without additional notice) of the rights established by the Law of Ukraine "On Protection of Personal Data" about the purposes of data collection. The extent of the rights of the Buyer as a subject of personal data in accordance with the Law of Ukraine "On Protection of Personal Data" is known to him and understood.
2. Terms and definitions
- 2.1. "Internet store" - the site of the Seller ("cobratek.net"), created for the conclusion of contracts of retail and wholesale purchase - sale on the basis of acquaintance of the Buyer with the proposed Seller with a description of the Goods in photographs, using the Internet, which excludes the possibility of direct acquaintance of the Buyer with the Goods - a remote means of selling the goods.
- 2.2. "Product" - a list of items of the range, presented in an online store.
- 2.3. "Personal data" means any information that directly or indirectly relates to a specific person or to a person who is identified.
- 2.4. "Significant Deficiency of the Goods" is a defect that makes it impossible or inadmissible for the use of the product in accordance with its intended purpose, it arose from the fault of the manufacturer (Seller), after its elimination it is shown again from the reasons independent of the consumer and at the same time endowed with at least one of the following characteristics:
a) It can not be eliminated at all;
b) its elimination takes more than fourteen calendar days;
c) he makes the goods essentially different from the one stipulated in the contract.
3. The subject of the contract
- 3.1. The Internet store undertakes to transfer the goods to the Buyer, and the Buyer undertakes to pay and accept the goods under the terms of this Agreement.
- 3.2. This agreement regulates the purchase and sale in an online store, including:
a) a voluntary choice by the Purchaser of goods in an online store by category;
b) self-registration by the Buyer of the order on the site in the online store;
c) payment by the Buyer of an order made in an online store;
d) the execution and transfer of the order to the Buyer on the terms and conditions of this agreement.
4. Procedure for ordering
4.1. The buyer independently makes an order online online at an online store or by telephone using the contacts specified in the online store.
5. The cost and order of payment of the goods
- 5.1. The full cost of the goods is indicated on the pages of the seller's online store.
- 5.2. Prices for Goods and Services may vary depending on the market situation, which is reflected in the prices of the online store. The Seller can not change the price for a particular Buyer, if he has already accepted the terms of the Seller and has paid the Goods (services) in the order established by this agreement.
- 5.3. The buyer pays the order within 2 business days (in the amount of 100% of the subscription) by bank transfer of money to the current account of the Seller, including with the help of Internet banking.
6. Delivery of the order
- 6.1. The shipment of goods to the Buyer occurs after receipt of the Buyer 100% payment on the invoice.
- 6.2. Delivery and return of goods are performed by the Seller or the transport company (carrier) at the expense of the Buyer. The total delivery time can not exceed 10 days.
- 6.3. The cost of delivery in the Internet shop is not indicated, as it depends on the current tariffs of the transport company (carrier).
- 6.4. When ordering wholesale batches, terms and delivery methods are agreed separately in each case.
- 6.5. The seller is not responsible for the delivery date of the order, because it depends on the actions of third parties (carriers).
- 6.6. Payment of the delivery cost is made by the Buyer of the Carrier Company on its own, upon receipt of the goods. The exact shipping cost is determined by the carrier company.
7. Return of the goods of proper quality
- 7.1. The buyer is entitled to exchange the Goods of the proper quality to the same seller from whom it was purchased if the goods did not satisfy it in form, size, shape, color, size or for other reasons can not be used for its intended purpose under the following conditions:
A) the goods for exchange have been given to the Seller within no more than fourteen days, not counting the day of purchase;
B) the goods may be replaced if they have never been in service, do not contain traces of use, and if its appearance, consumer properties, seals, labels, films are preserved, the integrity of the packaging as the product itself and its accessories are not violated;
C) the product does not contain scratches, chips, scratches, fully serviceable;
D) the complete completeness of the goods sold is preserved;
G) the goods may be replaced upon presentation by the Buyer of the settlement document issued to the Buyer together with the goods sold.
- 7.1.1. Requirements of item 7.1. does not apply to goods which, in accordance with Annex №3 to the Resolution of the Cabinet of Ministers of Ukraine of 19 March 1994 No. 172 "On the implementation of certain provisions of the Law of Ukraine" On the Protection of Consumer Rights ", are included in the List of Goods of Good Quality that are not Subject to Interchange (return)
- 7.2. In case the Product does not meet the conditions specified in paragraphs. A) - G), clause 7.1., The Seller has the right to refuse to exchange the Goods.
- 7.3. Transport costs for the delivery of the Goods at an exchange for item 7.1. rely on the Buyer.
- 7.4. When exchanging a product, his warranty period is re-calculated from the exchange day.
- 7.5. If at the moment of exchange of the similar product is not in sale, the Buyer has the right or to buy any other goods from the existing assortment with the corresponding transfer of value, or terminate the contract and receive back the money in the amount of the value of the returned goods, or to exchange the goods to the same at the first receipt of the relevant product on sale.
8. Rights and obligations of the parties
- 8.1. The buyer must:
a) familiarize yourself with the information on the Product that is posted on the Seller's Website;
b) to place an order on the site independently;
c) promptly pay and receive orders from the Carrier under the terms of this agreement;
d) upon receipt of the goods from the carrier, to ensure its integrity and completeness by reviewing the contents of the package. In the case of damage detection and incomplete equipment - fix them in the act, which together with the Buyer must sign the employee of the carrier.
- 8.2. The buyer has the right to demand from the online store compliance with the terms of this contract.
- 8.3. Internet store is obliged:
a) comply with the terms of this agreement;
b) to transfer the goods to the Buyer in accordance with the chosen sample, placed in the online store, executed by the order and terms of this agreement;
c) the Internet store is not liable, can not act as a defendant in court and does not indemnify the losses incurred by the Buyer due to the action or inaction of third parties.
- 8.4. Internet shop has the right:
a) to unilaterally suspend the provision of services under this Agreement in case of violation by the Buyer of the terms of this Agreement.
9. The order of acceptance of the goods by the Buyer
- 9.1. Upon receipt of the Goods in the warehouse of the carrier, from the courier or the Seller, the Buyer is obliged to check the outer integrity of the package, after which to open it and to directly verify the proper external condition of the Goods (absence of mechanical damage) and completeness of its completeness.
- 9.2. In the case of at least one of the items listed in item 9.1. Contract of defects, the Buyer is obliged to fix it in a signed act of arbitrary form. The act must be signed by the Buyer and the employee of the carrier or the Seller. Within 1 (one) day from the moment of signing the Act, the Buyer is obliged to inform the manager (representative of the Seller responsible for placing the order for the Product) about the defects found and agree on the replacement of the Goods.
- 9.3. The Parties agreed that in case of non-observance of the mandatory requirements of the specified procedure, the receipt by the Purchaser of the Goods in the proper condition is acknowledged - without any mechanical damage and in complete completeness.
- 9.4. In case of revealing during the established warranty period (expiration date) significant defects that arose from the fault of the manufacturer of the goods (Seller) or the falsification of the Goods, confirmed by the conclusion of the examination, the Buyer, in accordance with the procedure and within the terms established by the warranty obligations of the manufacturer of the Goods, taking into account the terms of the Contract-offer has the right of its choice to require from the Seller:
- 9.4.1. termination of the agreement and refund of the money paid for the Goods;
- 9.4.2. replacement of the goods on the same Goods or similar, from among the ones available from the Seller.
- 9.5 In this case, upon confirmation by the Seller of material defects of the Goods and the will of the Buyer, the cash paid shall be returned to the latter for the specified details within 7 (seven) calendar days after the return of the Goods.
- 9.6. In cases of substitution of poor-quality Goods, payment of the carrier's services is carried out at Seller's expense.
- 9.7. In any case, the return of the Goods must take place in the original packaging, in which the Goods have been received, with the preservation of the merchantability and consumer qualities of the goods.
- 9.8. All issues of this Contract-proposal related to the order, terms of warranty repair or replacement of the Product upon detection of defects during the warranty period (eligibility) are regulated in accordance with the warranty obligations specified by the manufacturer of the relevant Goods, and in case of non-installation by the manufacturer such guarantee obligations - in accordance with the current legislation of Ukraine.
10. Responsibility of the parties
- 10.1 The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
- 10.2 In the event of force majeure, the parties are relieved of the fulfillment of the terms of this Agreement. Under the circumstances of force majeure, for the purposes of this Agreement, are events which have an extraordinary, irreversible unpredictable nature, which exclude or objectively impede the implementation of this Treaty, the occurrence of which the Parties could not foresee and prevent by reasonable means.
- 10.3 The party referring to the force majeure circumstances must, within five calendar days, in writing, by e-mail, inform the other party of the occurrence of such circumstances.
- 10.4 If, by virtue of the force majeure circumstances, the non-fulfillment of obligations under this Agreement lasts for more than five months, each of the Parties shall have the right to terminate this Agreement unilaterally, by notifying the other party in writing.
- 10.5 The Parties make every effort to resolve any differences solely by negotiation.
11. Other terms
- 11.1 The Internet store reserves the right to unilaterally make amendments to this Agreement with its prior publication on the site "cobratek.net"
- 11.2. The Internet store was created to organize a remote way of selling goods through the Internet.
- 11.3. The Internet store is not responsible for the content and truthfulness of the information provided by the Buyer when making an order.
- 11.4. The buyer is responsible for the accuracy of the information specified in the order.
- 11.5 Payment by the Buyer of the order made in the Internet shop means the Buyer 's full agreement with the terms of the Purchase and Sale Agreement (public offering of the Internet store) and is the date of the conclusion of the Purchase and Sale Agreement between the Seller and the Buyer.
- 11.6 Use of the Internet store resource for viewing the goods, as well as for the ordering, is for the Buyer free of charge.
- 11.7 The information provided by the Buyer is confidential. The Internet shop uses Buyer information solely for the purpose of operating the Internet store (sending a message to the Buyer about the execution of the order, sending advertising messages, etc.).
- 11.8 Own acceptance of the Agreement or registration on the site "cobratek.net" (filling in the registration form) The buyer voluntarily agrees to collect and process his own personal data in the registered base of the Seller of the "Contractors" with the following purpose: the data that become known to the Seller will be used for commercial purposes, including for processing orders for the purchase of goods, obtaining information about the ordering, sending by telecommunication means (electronic mail, mobile communication) of promotional and special offers, information about promotions, drawings or any other information about activity of the shop. For the purposes provided for by this clause, the Seller has the right to send letters, messages and materials to the postal address, e-mail of the Buyer, as well as to send an sms-message, to make calls to the telephone number specified in the questionnaire.
- 11.9 The Buyer gives the Seller the right to process his personal data, including: placing the personal data in the Buyer's database (without the additional notice of the Participant), to carry out life-long storage of the data, their accumulation, updating, change (as necessary). The Buyer undertakes to protect the data from unauthorized access of third parties, not to distribute or transfer data to any third party (except for the transmission of data to related parties, commercial partners, persons authorized by the Seller to perform direct processing of data for specified goals, as well as a mandatory request from a competent public authority).
- 11.10 In case of unwillingness to receive mailing, the Buyer has the right to contact the Seller by writing an application for refusal to receive promotional materials by sending it to a postal or electronic address.
12. The term of this agreement
12.1. This agreement takes effect from the day of ordering or registration in the online store "cobratek.net" and acts to comply with all terms of the contract.