Public offer-agreement for the sale of goods on the website www.cobrartp.com
The text of the Offer set out below, in accordance with Article 405 of the Civil Code of the Republic of Belarus, is an official public offer addressed to individuals by the Private Enterprise "Cobra-RTP" to conclude a Contract for the Sale and Purchase of Goods under the terms of this Offer, posted on the page of the Online Store www.cobrartp.com and defines all the essential terms of the Agreement between the Buyer and the Seller. The Buyer's performance of the actions specified in this Offer constitutes confirmation of their consent to enter into the Agreement in the manner and to the extent set forth in this Offer.
Terms and definitions
1.1. Seller – Private Unitary Enterprise “Cobra-RTP”, VAT 791421413.
1.2. Buyer – an individual with full legal capacity in accordance with the current legislation of the Republic of Belarus, who has performed implied actions aimed at concluding a Contract for the sale and purchase of goods for personal, family use not related to entrepreneurial activity, by accepting (accepting) the terms of this Offer.
1.3. Parties to the Agreement – the Buyer and the Seller jointly, and also any of the Parties individually.
1.4. Agreement (Offer) – an agreement concluded between the Seller and the Buyer in the form of this document, which is a public offer agreement within the meaning of paragraph 2 of Article 407 of the Civil Code of the Republic of Belarus.
1.5. An order is a request sent by the Buyer independently, using the form established by the Seller, through the website of the online store, for the purchase of goods and their delivery.
1.6. A product is an item listed on the online store's website and intended for sale. This product is a technically complex item intended for use in motorsports and professional chip tuning of sports cars.
1.7. Services (Works) – delivery of Goods to the specified address.
1.8. Website (Online Store) – a resource belonging to the Seller, located on the Internet at the address: www.cobrartp.com, containing information about the Products, their prices, ordering and delivery conditions, and intended for the conclusion of remote sales contracts. Product information on the Website constitutes a public offer in accordance with paragraph 2 of Article 407 of the Civil Code of the Republic of Belarus.
1.9. Carrier – a third-party organization that provides services for the transportation, storage, issue or delivery of Goods to Buyers under an agreement with the Seller.
1.10. Delivery is a service of transferring the Goods from the Seller to the Buyer through third parties.
1.11. Personal data – any information related to a specific or determinable on the basis of such information individual (subject of personal data), including his/her last name, first name, patronymic, age, address, telephone number, email address.
1.12. Processing of personal data – actions (operations) with personal data, including collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transfer to third parties involved in the execution of this Agreement), depersonalization, blocking, destruction of personal data.
2. Subject of the Contract
2.1. The Seller, by his own or through his outside forces, transfers the Goods, and the Buyer accepts and pays for the Goods under the terms of this Agreement.
2.2. Ownership of the Goods passes to the Buyer upon the actual delivery of the Goods to the Buyer. At the same time, the risk of accidental loss or damage to the Goods passes to the Buyer.
3. The moment of conclusion of the contract
3.1. In accordance with Articles 405 and 407 of the Civil Code of the Republic of Belarus, the text of this Agreement constitutes a public offer, i.e., an offer from the Seller to the Buyer to purchase the Goods by accepting them.
3.2. Acceptance of this Offer (Agreement) is deemed to be the Buyer's placing an Order on the Seller's Website in accordance with the procedure set forth in Section 3.3 of this Offer. For the purposes of this Agreement, the date the Buyer places the Order is deemed to be the moment the Agreement is concluded, unless the Seller informs the Buyer that the ordered Product is unavailable. In such a case, the Agreement is deemed not concluded, and the Seller will refund all funds paid by the Buyer (if any) within 5 (five) business days.
3.3. The Buyer places an Order independently through the Website. To do so, the Buyer must complete the following sequential steps:
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select a Product posted on the Website, indicate its quantity, options and configuration, additional options and other parameters;
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fill out the order form, indicating your last name, first name, patronymic, delivery address, mobile phone number and email address;
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Check that the form has been filled out correctly and confirm the Order by clicking the appropriate button on the Website.
After placing an Order, the Buyer will receive a confirmation email containing the Order number, a list of the Products ordered, and the amount to be paid.
3.4. The authorized (registered) user is solely responsible for all possible negative consequences in the event of transferring the login and password to third parties, as well as for inaccurately specified personal data (last name, first name, patronymic, delivery address, mobile phone number, email address).
3.5. The fact of placing an Order by the Buyer in accordance with the above conditions is an unconditional fact of familiarization and acceptance by the Buyer of the terms of this Agreement.
3.6. The delivery (transfer) date for the Product to the Buyer is specified on the Website when placing an Order. The Seller undertakes to deliver the Product to the Buyer within the timeframe specified in the Order confirmation sent by email. If the Product is unavailable in the Seller's warehouse or other objective reasons prevent the specified delivery date from being met, the Seller will notify the Buyer of a change in the delivery date within 2 (two) business days of placing the Order. If agreement on a new date is not reached, the Buyer has the right to cancel the Order without any penalties being imposed on either Party.
3.7. Due to the fact that the Parties have performed certain actions indicating their will to enter into contractual relations, the agreement does not require compliance with the written form and its signature by the Parties.
3.8. Payment for the Goods confirms the conclusion of the Agreement. The Agreement is fulfilled by the Buyer's receipt of the Goods.
3.9. An agreement executed in the manner described above is fully legally binding. However, the Parties may at any time formalize a purchase and sale agreement in writing under terms and conditions consistent with this Offer.
4. Price and payment procedure for the Goods
4.1. The price indicated on the Website is final and is indicated next to the specific Product name. The Seller may unilaterally change the Product price prior to the Buyer placing the Order. Once the Order is placed, the Product price is not subject to change. If the Seller does not have the specified Product in stock and offers the Buyer a similar Product, the price will be agreed upon separately by the Parties.
4.2. The price of the Product does not include delivery costs, unless otherwise expressly stated on the Website when placing the Order.
4.3. Payment for the Goods is made:
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residents of the Republic of Belarus - in Belarusian rubles;
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non-residents of the Republic of Belarus - in Belarusian rubles (the equivalent amount in foreign currency is determined at the official exchange rate of the National Bank of the Republic of Belarus on the day of placing the Order, unless otherwise provided by the legislation of the Republic of Belarus).
4.4. Payment for the Product is made by the Buyer with 100% (one hundred percent) prepayment using online acquiring, bank transfer, or upon receipt of the Order at the post office when choosing the "Cash on Delivery" payment method. The Seller's obligation to deliver the Product begins upon receipt of 100% payment for the Product and delivery, unless otherwise agreed upon by the Parties in the Order.
4.5. The payment is confirmed by a payment notification sent to the Buyer by email.
5. Delivery of goods
5.1. The Buyer can check the Order status in their personal account on the Seller's Website. The Seller will notify the Buyer of any changes to the Order status or the shipment of the Product to the email address provided.
5.2. The Goods are delivered to the address specified by the Buyer by a specially engaged Carrier (a third-party organization providing services for the transportation, storage and delivery of goods).
5.3. The estimated delivery time for the Product is indicated on the Website when placing an Order. The Seller will make reasonable efforts to meet this deadline; however, the exact delivery time cannot be guaranteed, as it depends on the actions of the Carrier, postal services, customs authorities, and other external factors beyond the Seller's control.
5.4. If the Product is not delivered to the Buyer within 60 (sixty) calendar days from the date of payment confirmation for the Order, the Buyer has the right to request partial compensation from the Seller for the waiting period in the amount of up to 15% (fifteen percent) of the Product's value (excluding delivery costs). The specific compensation amount is determined by the Seller unilaterally, but may not exceed 15% of the Product's value. Compensation will be paid to the Buyer's bank account or by another agreed-upon method within 10 (ten) business days of receipt of the Buyer's request.
5.5. In the event of the return of the Goods to the Seller due to the Buyer not claiming them (expiration of the storage period for the shipment at the Carrier's branch/pick-up point, refusal to receive, etc.), the Seller shall refund the money paid for the Goods, less the actual costs incurred in organizing the delivery and return of the Goods (including, but not limited to: the Carrier's rates for shipping in both directions, fees for processing documents, insurance, storage of the shipment, as well as fees of payment systems for refunds).
5.6. In the event of documented loss of the Goods by the Carrier, or confiscation or return of the Goods by the customs authorities of the recipient country, the Buyer has the right to choose one of the following options:
5.6.1. Refund: The Seller shall provide a full refund of the cost of the Goods and the shipping costs paid by the Buyer within 14 (fourteen) calendar days from the date of receipt of documentary evidence of the confiscation or return of the Goods, or the actual receipt of the returned Goods at the Seller's warehouse, whichever occurs first.
When choosing this option, the Seller does not guarantee the availability of the Product in the warehouse at the time of the refund and the subsequent placement of a new Order by the Buyer.
5.6.2. Resend:
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at loss Goods by the Carrier - The Seller re-ships the Goods at one's own expense if there is a similar Product in the Seller’s warehouse;
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at confiscation or return Goods by customs authorities - The Seller re-ships the Goods by agreement of the PartiesThe cost of re-delivery is paid Buyer, unless otherwise agreed by the Parties in writing.
In the event of re-dispatch under this clause, the Agreement shall remain in force and the delivery period shall be recalculated from the date of re-dispatch.
5.7. The Seller's obligation to refund or reship the Goods, as provided for in Section 5.6 of this Agreement, arises solely upon the availability of an official document confirming the loss, confiscation, or return of the Goods. The absence of such a document constitutes grounds for refusing to satisfy the Buyer's claim until the Seller receives the relevant evidence. The burden of providing evidence rests with the Buyer, unless the Seller independently obtained such information from the Carrier or customs authorities.
5.8. The Buyer's choice (clause 5.6.1 or clause 5.6.2) is final and cannot be changed after the Seller has begun to perform it.
6. Warranty Obligations. Return and Replacement of Goods
6.1. The seller guarantees that the Goods comply with the requirements of the legislation of the Republic of Belarus in the field of technical regulation, as well as with the generally applicable requirements for this type of product.
6.2. The Seller provides a guarantee for the Goods for a period of 12 (Twelve) months from the date of transfer of the Goods to the Buyer (the Carrier’s mark on delivery of the shipment).
6.3. The warranty is provided subject to the Buyer's compliance with the rules for storage, installation and operation of the Product, as set out in the operating manual (user instructions) attached to the Product or in electronic form on the Seller's website.
6.4. The warranty does not apply in the following cases:
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6.4.1. repairs or interventions into the internal structure of the Goods were carried out by persons not authorized by the Seller or the manufacturer;
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6.4.2. the presence of mechanical damage to the Goods (cracks, chips, dents, deformation of the body) that occurred after the transfer of the Goods to the Buyer;
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6.4.3. damage to the Product by liquid or other aggressive environments, causing complete or partial loss of functionality;
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6.4.4. making changes to the hardware or software of the Product without the consent of the Seller;
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6.4.5. use of accessories with the Product that are not recommended by the manufacturer;
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6.4.6. absence of or damage to factory serial numbers, markings, “QC Passed” stickers or other identification marks;
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6.4.7. use of the Product for other than its intended purpose or in violation of the manufacturer’s instructions;
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6.4.8. violation of the rules for the use of batteries established by the manufacturer, or the use of batteries from third-party manufacturers that are incompatible with the Product.
6.5. During the warranty period, any defects in the Product caused by the manufacturer (Seller) will be remedied at the Seller's expense. The Seller will arrange for delivery of the Product to and from the service center at its own expense, unless otherwise agreed by the Parties. The Buyer is obligated to ensure proper packaging of the returned Product to prevent damage during transportation. If the Product is damaged during return due to the Carrier's fault, the Carrier will be held liable.
6.6. If defects in the Product are due to the manufacturer's fault, the Seller will reimburse the costs of shipping the Product to and from the service center. In other cases (including those not covered by warranty), shipping costs are not reimbursable.
6.7. Contact information for warranty service is available on the Website: www.cobrartp.com.
6.8. All Products sold on the Website are technically complex and are included in the List of Non-Food Products of Appropriate Quality Not Subject to Replacement or Return, approved by Resolution No. 778 of the Council of Ministers of the Republic of Belarus dated June 14, 2002. Products of proper quality cannot be replaced or returned. Returns are only possible for Products of inadequate quality (defective or defective) in accordance with the procedure established by this Section and the legislation of the Republic of Belarus on consumer protection.
7. Software
7.1. The software (hereinafter referred to as the "Software") contained in the Product is an integral part thereof and is supplied with the Product. The copyright holder of the Software is the Seller (unless otherwise specified on the Website or in the Product documentation).
7.2. The Copyright Holder grants the Buyer the right to use the Software under the terms of a simple (non-exclusive) license free of charge for the entire service life of the Product.
7.3. The Buyer is the end user of the Software and has no right to:
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7.3.1. use the software for commercial purposes, unless otherwise provided by the license;
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7.3.2. copy, reproduce, publish, distribute, sublicense, transfer for temporary use, rent, lease, or lease the software;
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7.3.3. change, edit, or delete trademarks or other designations of the copyright holder contained in the software;
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7.3.4. attempt to decompile, disassemble or otherwise extract the source code of the Software;
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7.3.5. make changes to the functionality of the software that are not provided for in the user manual.
7.4. The copyright holder guarantees that the software is original, does not violate the rights of third parties, and does not contain viruses or other malicious programs.
7.5. The Copyright Holder shall not be liable for the compatibility of the Software with the Buyer's hardware or software unless such hardware or software has been expressly recommended by the Seller.
7.6. The Copyright Holder shall not be liable for any losses incurred by the Buyer as a result of using information obtained through the Software, unless such losses are a direct consequence of a malfunction of the Software itself.
7.7. The right to use the software is considered granted from the moment of acceptance of this Offer.
7.8. The right to use the Software shall terminate upon expiration of the Product's service life specified in the operating instructions, or from the moment the Buyer's right of ownership to the Product ceases.
8. Rights and obligations of the Parties
8.1. The Seller is obliged to:
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8.1.1. ensure the fulfillment of all obligations to the Buyer in accordance with the terms of this Agreement and the legislation of the Republic of Belarus;
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8.1.2. transfer the Goods to the Buyer in accordance with the executed Order;
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8.1.3. notify the Buyer about the dispatch of the Goods to the e-mail address specified when placing the Order;
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8.1.4. provide the Buyer with information on the deadlines for completing the Order in the manner prescribed by clause 3.6 of this Agreement;
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8.1.5. ensure the protection and confidentiality of the Buyer’s personal data in accordance with the procedure established by the Law of the Republic of Belarus “On Personal Data”;
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8.1.6. provide the Buyer with the opportunity to opt out of receiving advertising and informational mailings at any time.
8.2. The Seller has the right to:
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8.2.1. change prices for the Goods and tariffs for related services in the manner provided for in clause 4.1 of this Agreement;
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8.2.2. expand, reduce or suspend the sale of individual Products on the Website with prior notice to Buyers by posting information on the Website;
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8.2.3. Cancel the Buyer's Order at the confirmation stage if the Seller does not have the requested Product, or if the information provided by the Buyer does not allow delivery (e.g., an incorrect address). In this case, the Seller is obligated to notify the Buyer and refund all funds paid (if any) within 5 (five) business days;
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8.2.4. use cookie technology to improve the operation of the Site; this technology does not contain confidential information and is not transferred to third parties;
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8.2.5. receive and process information about the IP address of the Site visitor for the purposes of fulfilling obligations under this Agreement and ensuring the security of the Site;
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8.2.6. process the Buyer’s personal data for the period necessary for the execution of this Agreement, as well as for compliance with legal requirements (including accounting), but not more than 5 (five) years from the date of execution of the Agreement, unless another period is established by law;
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8.2.7. Send the Buyer promotional and informational messages only with the Buyer's prior consent, expressed by checking a box when placing the Order. The Buyer has the right to unsubscribe from receiving such messages at any time.
8.3. The Buyer is obliged to:
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8.3.1. before placing an Order, familiarize yourself with the terms of this Agreement, the prices for the Goods, and the delivery and return rules;
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8.3.2. provide accurate personal data and information necessary for placing and delivering the Order;
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8.3.3. give consent to the processing of their personal data in the manner prescribed by this Agreement and the legislation of the Republic of Belarus;
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8.3.4. pay for the ordered Goods and Services (works) under the terms of this Agreement;
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8.3.5. Upon receipt of the Goods, inspect their appearance, check the quantity, completeness, integrity of the packaging, and the presence of visible damage. If damage or discrepancies with the order are detected, immediately record this in the presence of the Carrier;
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8.3.6. Do not transfer your registration data (login and password) to third parties.
8.4. The Buyer has the right to:
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8.4.1. obtain reliable information about the consumer properties of the Product, the conditions of its purchase and delivery;
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8.4.2. contact the Seller for advice on issues related to the Product before placing the Order;
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8.4.3. change the contents of the Order (in terms of the delivery address or the composition of the Product) before it is dispatched by the Seller. The Seller undertakes to take all reasonable measures to coordinate such changes;
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8.4.4. make changes to your personal data by sending a corresponding application to the Seller;
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8.4.5. unsubscribe from receiving promotional and informational mailings at any time by clicking on the link in such a message or sending a request to the Seller.
9. Responsibilities of the parties
9.1. For failure to fulfill or improper fulfillment of the terms of this Agreement, the Parties shall be liable in accordance with the legislation of the Republic of Belarus.
9.2. The Buyer is responsible for the accuracy of the information provided when placing an Order.
9.3. The Seller shall not be liable in the event of the Buyer's incorrect selection of the Product's characteristics, or if the Buyer's expectations regarding the consumer properties of the Product are not met, as well as for any actions of the Buyer related to changes in the design of the Product, etc.
9.4. In the event of force majeure circumstances that a Party to this Agreement could neither foresee nor prevent by reasonable measures, the deadline for fulfilling obligations under this Agreement shall be extended in proportion to the time during which such circumstances continue to operate, without compensation for any losses.
9.5. Such extraordinary events include, in particular: floods, fires, earthquakes, explosions, storms, soil subsidence, other natural phenomena, epidemics, as well as war or military actions, terrorist acts; power surges in the electrical network and other circumstances leading to the failure of the technical equipment of any of the Parties to the Agreement.
9.6. The Party for which a situation has arisen in which it has become impossible to fulfill its obligations due to the occurrence of force majeure circumstances is obliged to immediately (but no later than 5 (five) working days) notify the other Party in writing of the occurrence, expected duration and termination of these circumstances.
9.7. In the event of a dispute regarding the time of occurrence, duration and termination of force majeure circumstances, the conclusion of the competent authority at the location of the relevant Party shall be proper and sufficient confirmation of the beginning, duration and termination of the said circumstances.
9.8. Failure to notify or untimely notification of a Party about the onset of force majeure circumstances deprives it of the further right to refer to them as a basis for exempting from liability for failure to fulfill obligations under this Agreement.
9.9. If force majeure circumstances or their consequences continue to operate for more than 30 (thirty) consecutive calendar days, the Agreement may be terminated at the initiative of either Party by sending a written notice to the other Party.
10. Personal data
The policy for the use of personal data is described on the Privacy Policy page located on the Website.
11. Other conditions
11.1. The Seller reserves the right to make changes and additions to this Agreement. Changes will take effect 15 (fifteen) calendar days after they are posted on the Website, unless another period is specified in the notice itself. Changes that adversely affect the Buyer's position (including price increases and changes to return policies) will only apply to Orders placed after such changes take effect.
11.2. The Buyer will be notified of any changes or additions to the Agreement by posting the text of the changes on the Website. The Buyer undertakes to monitor the changes on the Website.
11.3. The Parties undertake to resolve all disputes related to the failure to fulfill or improper fulfillment of obligations under this Agreement through negotiations. A claims procedure is mandatory. The claim review period is 20 (twenty) business days from the date of receipt.
11.4. In the event of failure to reach an agreement in a pre-trial manner, disputes shall be referred to the court for consideration in accordance with the legislation of the Republic of Belarus at the location of the Seller.
11.5. All information provided on the Website (images, descriptions, videos) is for reference only. The actual color, shape, size, and packaging of the Product may differ slightly from the images on the Website. If in doubt, the Buyer has the right to consult with the Seller before placing an Order.
11.6. All objects posted on the Website (design, text, graphic images, videos, logos, trademarks) are the exclusive rights of the Seller (copyright holder) and may not be used without his prior written permission.
11.7. The Buyer acknowledges and agrees that the Product is intended solely for use in motorsports and professional chip tuning activities. The Product is not intended for use on vehicles permitted to participate in public road traffic, unless otherwise expressly stated in the Product specifications. Use of the Product on public roads may be contrary to the laws of the Buyer's country, and the Buyer bears full responsibility for such use.
11.8. The Parties agree that settlements on the terms of prepayment, advance payment, installment plan or deferred payment under this Agreement do not constitute a commercial loan within the meaning of Article 770 of the Civil Code of the Republic of Belarus and do not constitute grounds for the accrual of interest, unless otherwise expressly provided by this Agreement.
11.9. The Seller may revoke the Offer (Agreement) at any time by posting a corresponding notice on the Website at least 24 (twenty-four) hours prior to the revocation. Revocation of the Offer does not constitute grounds for termination of the Seller's obligations under existing Agreements.
11.10. Notifications, claims and other legally significant messages of the Parties shall be sent: by the Seller - by the Buyer's e-mail specified when placing the Order; by the Buyer - by the Seller's e-mail (team@cobrartp.com or another address indicated on the Website), or through the feedback form on the Website, or by registered mail to the Seller's legal address.
12. Final Provisions
12.1. The Agreement is valid until all its terms are fulfilled by the Parties or the Seller revokes the offer.
12.2. In all other respects not provided for by this Agreement, the Parties shall be guided by the current legislation of the Republic of Belarus.
Seller's banking details:
Private enterprise "Cobra-RTP"
VAT 791421413
Account No. (BYN): BY16POIS30120182793701933001
OJSC «Paritetbank», SWIFT POISBY2X
Address: 61A, Kiselev St.,Minsk, 220002, Republic of Belarus
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