Public contract

Public contract-an offer (terms of use) for the sale of goods on the site www.cobrartp.com

The following text of the Offer in accordance with Article 405 of the Civil Code of the Republic of Belarus is an official public offer addressed to individuals by IP Pochuiko V. N. to conclude a Contract for the purchase and sale of goods under the terms of this Offer, posted on the website of the Online store www.cobrartp.com and defines all the essential terms of the Contract between the Buyer and Seller. The Buyer's performance of the actions specified in this Offer is a confirmation of its consent to conclude the Contract in the manner and scope set out in this Offer.

1. Terms and definitions

1.1. The seller is an individual entrepreneur V. N. Pochuiko, VAT 791323650.

1.2. Buyer – an individual who has full legal capacity in accordance with the current legislation of the Republic of Belarus, who has performed specific actions aimed at concluding a Contract for the purchase and sale of goods for personal or family use that is not related to business activities, by accepting the terms of this Offer.

1.3. The Parties to the Agreement – jointly the Buyer and Seller, as well as separately any of the Parties.

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 clause 2 of Article 407 of the Civil Code of the Republic of Belarus.

1.5. Order – a request sent by the Buyer independently in accordance with the form established by the Seller, through the website of the online store, for the purchase of goods and their delivery.

1.6. Goods – property, information about which is posted on the website of the online store and intended for sale.

1.7. Services (Works) – delivery of Goods to the specified address.

1.8. Website – a resource owned by the Seller that aims to organize sales of Goods on the Internet and is posted on the Internet at the following address: www.cobrartp.com. For the purposes of this agreement, the Site may also be referred to as an "Online Store".

1.9. Carrier –a third-party organization that provides services for transportation, storage, delivery or delivery of Goods to Buyers under a contract with the Seller.

1.10. Delivery – a service of transferring Goods via third parties from the Seller to the Buyer.

1.11. Personal data – any information related to an individual (personal data subject) identified or determined on the basis of such information, including his / her last name, first name, patronymic, age, address, phone 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 performance of this Agreement) depersonalization, blocking, destruction of personal data.

 

2. Subject of the Agreement

2.1. The Seller transfers the Goods on its own or by its own forces, 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 from the moment of actual transfer of the Goods to the Buyer. At the same time, the risk of accidental loss or accidental damage of the Goods passes to the Buyer.

 

3. Time when the agreement was concluded

3.1. In accordance with Articles 405 and 407 of the Civil Code of the Republic of Belarus, the text of this Agreement is a public offer, i.e. an offer from the Seller to the Buyer to purchase Goods by way of acceptance.

3.2. Acceptance of this offer (Agreement) is the Buyer's placing an Order on the Seller's Website and its subsequent payment in full compliance with the terms of this Offer. The contract concluded on the basis of the Buyer's acceptance of this offer is a contract of accession, to which the Buyer joins without any exceptions or reservations.

3.3. The Buyer places the Order independently through the Website. To do this, the Buyer must follow the following steps::

• Select the Product posted on the Site and click the"Order" function;
• Select options and product configuration, additional options and other parameters, enter the delivery address, last name, first name, patronymic, mobile phone number and email address;
• Check that the form is filled out correctly in the generated order and make payment using a bank card on the Site. Bank card payments are made through the electronic payment system  bePaid. After payment confirmation, the bePaid payment service sends a payment notification to the Buyer's email address. The Seller sends the Buyer an email address and / or mobile phone number (SMS message) containing information for accessing the Merchant's personal account on the Seller's website. In the Merchant profile, the Buyer can see the ordered Product, the order number and status, and the estimated delivery time of the Product.

3.4. The authorized (registered) user is solely responsible for all possible negative consequences if the login and password are transferred to third parties, as well as for incorrect personal data provided (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-mentioned conditions is an unconditional fact of familiarization and acceptance by the Buyer of the terms of this Agreement.

3.6. The delivery time of the Product is indicated on the Website when placing the Product. At the same time, the Site indicates the expected delivery time of the Product, since it is impossible to determine a more accurate time due to the specifics of receiving and processing orders, production and warehouse processes, and delivery.

3.7. Due to certain actions performed by the Parties indicating their will to enter into a contractual relationship, the agreement does not require compliance with the written form and its signing by the Parties.

3.8. The fact confirming the conclusion of the Contract is payment for the Goods. Execution of the contract is the Buyer's receipt of the Goods.

3.9. A contract concluded in accordance with the procedure described above has full legal force. At the same time, the Parties have the right at any time to issue a contract of sale in writing on terms that do not contradict this Offer.

4. Product price and payment procedure

4.1. The price on the Website is indicated next to a specific Product name. The price of the Goods is determined by the Seller unilaterally and indisputably and can be changed, except for the case after payment of the Goods and confirmation of the Buyer's order.

4.2. The Product price does not include shipping costs.

4.3. Payment for Goods is made by residents of the Republic of Belarus in Belarusian rubles, non-residents of the Republic of Belarus-in Belarusian rubles, Russian rubles, US dollars, euros (bases: subparagraph 1.3. and 1.4. of paragraph 1 of article 1Subitem 3.3 of item 3 of Article 13 of the Law of the Republic of Belarus of 22.07.2003 No. 226-Z "On Currency Regulation and Currency Control "(as amended by the Law of the Republic of Belarus of 30.06.2020 No. 36-Z "On Amendments to Laws on Currency Regulation and Currency Control"); Letter of the National Bank of the Republic of Belarus of 12.03.2015 No. 31-12 / 273 "Permission for settlements in foreign currency").

4.4. Payment for the Goods is made by the Buyer on the terms of 100% advance payment with payment methods through the bePaid service, as well as by bank transfer, or upon receipt of the order at the post office when paying using the "Cash on Delivery"method.

Until 100% payment is received for the Order placed by the Buyer, the obligations under this Agreement cannot be considered assumed by the Parties.

4.5. Payment execution is confirmed by a payment notification sent to the Buyer by e-mail.

5. Product delivery

5.1. The Buyer can check the information about the readiness of the Goods in the personal account on the Seller's Website. The Seller sends a notification to the Buyer's email address about changes in the order status, as well as about the shipment of Goods.

5.2. The Goods are delivered to the address specified by the Buyer by a specially engaged Carrier at the Seller's expense within the time limits specified in the Merchant's personal account on the Seller's Website.

5.3. The Carrier who accepted the Goods from the Seller is responsible for the safety of these Goods until they are handed over to the Buyer.

5.4. The Seller is not responsible for the accuracy of the address specified by the Buyer.

5.5. The Goods are provided to the Buyer in non-returnable containers.

5.6. At the time of delivery of the Goods, the Buyer must carefully check the integrity of the product packaging. After making sure that the package is intact, the Buyer must open the package, inspect the Goods for external damage and check for compliance with the quantity and configuration. The received Product must correspond to the description on the Site, with the exception of the notes indicated on the product page (color, design, inscriptions), and accordingly may differ slightly due to the impossibility of its accurate and reliable display when using electronic means of communication and demonstration (i.e. on the Site). The difference in design or design elements from those stated in the description on the Site is not a malfunction, or any other non-conformity of the Product.

5.7. After Acceptance of the Goods, the Buyer signs the receipt of the Goods in the document confirming the delivery of the Goods.

5.8. In order to avoid cases of fraud, as well as to fulfill the obligations assumed when handing over a prepaid Order, the person performing the delivery and/or delivery of the Goods has the right to request an identity document of the Buyer, without handing over the Goods until the relevant document is presented.

5.9. If the delivery of the Goods is made within the terms established by this agreement, but the Goods were not delivered to the Buyer due to his fault, the subsequent delivery is made within the new terms agreed with the Seller, at the Buyer's expense.

 

6. Seller's warranty obligations. Return and replacement of Goods

6.1. The Seller guarantees that the Goods comply with the usual requirements for this type of product, as well as with the legislation of the Republic of Belarus in the field of technical regulation.

6.2. The Seller provides a guarantee for the Goods, extending for a period of 12 (Twelve) months from the date of the Carrier's notice of receipt of the Goods by the Buyer.

6.3. The Warranty is provided subject to the Buyer's compliance with the rules of storage, installation and operation of the Goods.

6.4. The warranty is not valid in the following cases::

6.4.1. if repairs were made by any service center not authorized by the Seller;

6.4.2. if there is physical damage, i.e. goods with obvious signs of damage, such as strong dents, bent structural elements, etc., which may interfere with the proper functioning of the product;

6.4.3. if there is damage to the Product by liquid, i.e. any situation related to immersion in liquid or partial penetration of liquid on the electronic part of the Product's device, which resulted in complete or partial loss of its operability,

6.4.4. any changes to the original software;

6.4.5. if non-original accessories were used with the purchased Product;

6.4.6. if the software serial number is removed from the Product, marking in the form of a sticker about passing the device testing "QC Passed";

6.4.7. if there has been an abuse or misuse of the Product, for example, if it is not used for its intended purpose or not in accordance with the manufacturer's instructions for use and maintenance;

6.4.8. if there was damage to the Product's battery caused by overcharging or using chargers;

6.4.9. failure to comply with the rules for using batteries described in the Product's operating instructions, as well as the use of third-party batteries;

6.4.10. if any seals on the battery case or cells are broken or show signs of unauthorized access.

6.5. During the warranty period, malfunctions caused by the manufacturer are eliminated at the expense of the Seller (manufacturer). Delivery of the defective Product to the service center is carried out by the Buyer. The packaging of the returned Goods must be strong and comply with interstate state standards and European standards (EC) (GOST 26663-85, 26653-90, 21650-76; EC 12195: 2010, IMO / ILO/UNECE). When the Goods are delivered by the Carrier from the Buyer to the service center and back, the Carrier is responsible for the safety of the Goods, unless it proves that the loss, shortage or damage (damage) of the cargo occurred due to circumstances that the carrier could not prevent or eliminate for reasons beyond its control.

6.6. In the event of a malfunction caused by the manufacturer, delivery costs to the customer are reimbursed and / or paid by the Seller. In other cases, delivery costs are not reimbursable.

6.7. Information about contacts for contacting us regarding warranty service issues is provided on the website www.cobrartp.com.

6.8. All Products sold on the Site are included in the List of non-food products of proper quality that cannot be replaced or returned as technically complex appliances and electrical goods. Replacement and refund are only possible for low-quality Products.

7. 7. Software

7.1. Under this Agreement, software (hereinafter referred to as SOFTWARE) is supplied, which is contained in the Product and is an integral part of the Product. The right holder of the Software is the Seller of the Product.

7.2. The Copyright Holder grants the right to use the Software under the terms of a simple (non-exclusive) license free of charge.

7.3. The scope of the rights of the Buyer of the Product to use the software is established by this Agreement. The buyer is the end user of the software.

7.5. The Buyer is prohibited from:

7.5.1. Use the software for commercial purposes and in ways not expressly provided for in this offer, modify the software code in any way.

7.5.2. Copy, reproduce, publish, distribute, sublicense, provide the transferred software to the end user, or to a third party for temporary use, rental, lease, or leasing.

7.5.3. Change, edit, delete trademarks of the Software copyright holder.

7.5.4. Try to extract the source code of the program in any way, make any changes to the source code, change the functionality of the software product.

7.5.5. The Right Holder of the Software has the right to periodically monitor the use of the Software by the Buyer for compliance with the conditions provided for in this section of the Agreement.

7.7. The Software Copyright Holder hereby guarantees that all copies of the software are original, do not contain borrowings from third-party programs or otherwise violate the copyright, related and other rights of third parties, do not contain viruses and other malicious programs.

7.8. The copyright Holder of the Software is not responsible for the compatibility of the software with any other hardware or software of the Buyer.

7.9. The Software Copyright Holder is not responsible for the Buyer's use of the information used in the transferred software.

7.10. In the event of claims being made against the Software Rightholder on the basis of the Buyer's use of the software or information, the Buyer undertakes to immediately accept these claims, compensate the Software Rightholder for all losses incurred in connection with the submission of such a claim, and at its own expense immediately take measures to resolve these claims, including in court, participate in such a claim, including in court.

7.11. The non-exclusive right to the Software is considered granted to the Buyer from the moment of acceptance of this offer.

7.12. The date of termination of the right to use the Software is the date of expiration of the service life of the Product specified in the operating instructions.

7.13. If the Buyer violates the requirements of clause 7.6 of this Agreement, the Software Rightholder sends a notification to the Buyer's email about the violation of the terms of this agreement and about the termination of the right to use the Software by disabling it.

7.14. Upon the expiration of the 3-day period from the moment the Software Copyright Holder sends the notification to the email address, the Buyer will no longer be able to use the Software.

8. Rights and obligations of the Seller

8.1. The Seller is obliged to:

8.1.1. from the moment of conclusion of this Agreement, ensure that all obligations to the Buyer are fully fulfilled in accordance with the terms of this Agreement and the current legislation of the Republic of Belarus.

8.1.2. transfer the Goods to the Buyer in accordance with the data provided by the Buyer; notify the Buyer of sending the Goods to him.

8.1.3. place the estimated Order completion date in the Buyer's personal account on the Site.

8.1.4. ensure the protection of the Buyer's personal data and their confidentiality in accordance with the procedure established by the current legislation of the Republic of Belarus.

8.1.5. take all necessary measures aimed at preventing attempts of unauthorized access to the information received from the Buyer, as well as transmitting it to persons who are not directly related to the execution of Orders; timely detect and stop such facts.

8.2. The Seller has the right to:

8.2.1. change this Agreement, Product prices and tariffs for related services, unilaterally. At the same time, the price of the Product for which the Order was placed and advance payment was made is not subject to change.

8.2.2. expand and shorten the product offer on the Site, regulate access to the purchase of any Goods, as well as suspend or terminate the sale of any goods or services at its sole discretion; all changes take effect immediately after publication on the Site, and are considered to be brought to the Buyer's attention from the moment of such publication.

8.2.3. after acceptance of the Goods, do not accept the Buyer's claims regarding its external damage or traces of improper storage, installation or operation;

8.2.4. cancel the Buyer's Order at the stage of Order confirmation if there are grounds to believe that the information provided by the Buyer is incomplete or unreliable, cannot be executed (implemented), as well as if the Buyer refuses or does not confirm the completed Order.

8.2.5. use the "cookie" technology, since it does not contain confidential information and is not transmitted to third parties, but is only a necessary software product used when placing an Order for Goods.

8.2.6. receive information about the Website visitor's IP address, as such information is not used to establish the visitor's identity and transmit it to third parties, but is necessary for fulfilling the Seller's obligations.

8.2.7. to process the Buyer's Personal Data indefinitely and inform about the Order fulfillment status.

8.2.8. the Seller has the right to send advertising and informational messages to the Buyer via e-mail and sms newsletters with information about discounts, promotions, new arrivals, etc. ; the frequency of mailings is determined by the Seller independently, unilaterally.

8.3. The Buyer undertakes to:

8.3.1. before entering into the Agreement, read the content and terms of the Agreement, the prices for Goods offered by the Seller in the Online Store, and delivery rates.

8.3.2. in order for the Seller to fulfill its obligations to the Buyer, the latter must provide its Personal Data, as well as all necessary and sufficient information for placing and receiving an Order, consent to the transfer of Personal Data via open communication channels, indefinite processing and storage by the Seller, as well as to receive information on the services provided, including the status of order fulfillment, ongoing promotions, and special offers.

8.3.3. pay for the ordered Goods and Services (Works), if they were provided for, under the terms of this Agreement.

8.3.4. accept the Goods in terms of quantity, quality and assortment at the time of their delivery, checking the conformity of the Order with the shipping documents, as well as inspect the Goods upon acceptance, check their quantity, completeness, appearance (for any damage (scratches, chips, scuffs, etc.).

8.3.5. in case of registration on the Site, do not transfer registration data to third parties.

8.4. The Buyer has the right to:

8.4.1. to obtain reliable information about the consumer properties of the Product.

8.4.2. if you have any questions regarding the properties and characteristics of the Product, contact the Seller for advice.

8.4.3. apply to the Seller to change the contents of the Order before the start of manufacturing the Goods, the delivery address of the Goods before the start of its execution by the Seller, and the Parties are obliged to take all measures to coordinate the execution of the new Order conditions.

8.4.4. make changes to the previously transmitted information about his / her personal data.

8.4.5. refuse to receive e-mail and sms newsletters.

9. Liability of the parties

9.1. The Parties are responsible for non-performance or improper performance of the terms of this Agreement 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 the Order.

9.3. The Seller is not responsible in case the Buyer incorrectly chooses the characteristics of the Goods, or if the Buyer's expectations about the consumer properties of the Goods were not justified, as well as for any actions of the Buyer related to making changes to the design of the Goods, etc.

9.4. In the event of force majeure circumstances that the Party under this Agreement could neither foresee nor prevent by reasonable measures, the term of performance of obligations under this Agreement is postponed in proportion to the time during which such circumstances continue to operate, without compensation for any losses.

9.5. Such events of an extraordinary nature, in particular, include: floods, fire, earthquake, explosion, storm, soil subsidence, other natural phenomena, epidemic, as well as war or military operations, terrorist acts; voltage drops in the power grid and other circumstances that led to the failure of technical means of any organization. one of the Parties to the Agreement.

9.6. A 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 must immediately (but not later than 5 (five) business days) notify the other Party in writing of the occurrence, estimated period of validity and termination of these circumstances.

9.7. In the event of a dispute about the time of occurrence, validity and termination of force majeure circumstances, the conclusion of the competent authority at the location of the relevant Party will be a proper and sufficient confirmation of the beginning, validity and termination of these circumstances.

9.8. Failure to notify or untimely notification to the Party of the beginning of force majeure circumstances shall deprive it of the right to refer to them in the future as grounds that release it from liability for non-performance of obligations under this Agreement.

9.9. If force majeure circumstances or their consequences continue to apply 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 personal data usage policy is described on the page Privacy Policies.

 

11. Other conditions

11.1. The Seller has the right to unilaterally make changes and / or additions to the agreement.

11.2. Changes and additions may be made, including in the form of a new version of the Offer text.

11.3. The Seller is notified of changes and/or additions to the agreement by posting the text of changes and/or additions or the text of the offer in a new version on the Site. All changes and / or additions to the agreement will take effect immediately after publication on the Site.

11.4. Posting changes and/or additions to the agreement and/or its annex and / or the new version of the offer on the Website means that the Seller properly fulfills the obligation to notify the Buyer. The Buyer undertakes to independently visit the Site to check the presence/absence of changes/additions or a new version of the offer.

11.5. The Parties will try to resolve all disputes related to non-performance or improper performance of their obligations under this Agreement in the course of negotiations in compliance with the claim procedure for resolving disputes no later than 20 (Twenty) business days from the date of receipt by the other party of written claims and proposals.

11.6. In case of failure to reach an agreement on the mandatory pre-trial resolution of disputes, such disputes will be resolved in court in accordance with the current procedural legislation of the Republic of Belarus.

11.7. All information materials provided on the Seller's Website are for reference purposes and may not fully convey reliable information about certain properties and characteristics of the Product, such as color, shape, size, packaging, etc. If the Buyer has any questions about the properties and characteristics of the Product, before placing an Order, he should contact the Seller for advice.

11.8. All objects accessible through the Site's services, including design elements, text, graphics, videos and other objects, as well as any content posted on the Site, are objects of the exclusive rights of the Seller (copyright holder). The Site materials, as well as any content posted on the Site, may not be used without the prior permission of the copyright holder.

11.9. The Buyer is aware that the Product does not have a load-bearing capacity, is not able to prevent heavy objects, water and other liquids from entering or moving outside, that it can be easily damaged, including by pets, children and other irrationally thinking living beings, and that its fastening is possible only in specially designated areas, and not around the entire perimeter, which implies the need for careful and careful use.

11.10. The Parties have agreed that settlements under the terms of advance payment, advance payment, installment payment or deferred payment under this Agreement will not constitute a commercial loan within the meaning of Article 770 of the Civil Code of the Republic of Belarus and the basis for interest accrual.

11.11. Withdrawal of the offer (Agreement) may be made by the Seller at any time, but this is not a ground for refusal of the Seller's obligations under already concluded agreements. The Seller undertakes to post a notice of withdrawal of the offer in its Online Store at least 12 hours before the event of withdrawal (suspension)of the Offer.

11.12. Any correspondence between the parties, including sending notifications, claims is carried out exclusively through the Site.

12. Final provisions

12.1. The agreement is valid until all conditions are fulfilled by the Parties or revoked
offers made by the Seller.

12.2. In all other matters not provided for in this Agreement, the Parties
They are guided by the current legislation of the Republic of Belarus.

13. Seller's banking details:

IP Pochuiko V. N., "CobraRTP Team"

phone: +375447395936

VAT 791323650

Current account in BYN: BY95MTBK30130001093300078906

in CJSC MTBank SWIFT (BIC) MTBKBY22

Legal address of the bank: Mogilev, 56 Leninskaya St.