Public contract

Public Offer Agreement for the Sale of Goods on the Website www.cobrartp.com

This Public Offer Agreement (hereinafter the “Offer”) is an official public offer by Cobrartp LLC addressed to individuals to conclude a contract for the sale and purchase of goods on the terms set out below. The Offer is posted on the website www.cobrartp.com and defines all essential terms of the contract between the Buyer and the Seller. By performing the actions specified in this Offer, the Buyer confirms consent to enter into the contract in the manner and to the extent set out in this Offer.

1. Terms and Definitions

1.1. Seller means Cobrartp LLC, a company registered in the Republic of Latvia, legal address: Imantas iela 6, LV-1067, Riga, Latvia.

1.2. Buyer means an individual with full legal capacity under the applicable law, who performs conclusive actions aimed at concluding a contract for the purchase and sale of goods for personal, family or household use, not related to entrepreneurial activity, by accepting the terms of this Offer.

1.3. Parties means jointly the Buyer and the Seller, and separately either of them.

1.4. Contract (Offer) means the agreement concluded between the Seller and the Buyer in the form of this document, constituting a public offer agreement within the meaning of the applicable law of the Republic of Latvia.

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

1.6. Goods means property, information about which is posted on the website of the online store and which is intended for sale. The Goods are technically complex products intended for use in motorsport and professional activities related to chip tuning of sports vehicles.

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

1.8. Website (Online Store) means the resource owned by the Seller and located on the Internet at www.cobrartp.com, containing information about the Goods, their prices, terms of ordering and delivery, and intended for concluding distance sales contracts. Information about the Goods on the Website constitutes a public offer in accordance with applicable law.

1.9. Carrier means a third-party organization providing services to the Seller under a contract for the transportation, storage, dispatch or delivery of Goods to Buyers.

1.10. Delivery means the service of transferring the Goods with the assistance of third parties from the Seller to the Buyer.

1.11. Personal Data means any information relating to an identified or identifiable natural person (data subject), including their name, surname, age, address, telephone number and email address.

1.12. Processing of Personal Data means any action (operation) with personal data, including collection, systematization, accumulation, storage, updating (amendment, modification), use, dissemination (including transfer to third parties involved in the performance of this Contract), depersonalization, blocking and destruction of personal data.

2. Subject of the Contract

2.1. The Seller shall transfer the Goods, whether by its own efforts or through engaged third parties, and the Buyer shall accept and pay for the Goods on the terms of this Contract.

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 to the Goods passes to the Buyer.

3. Moment of Conclusion of the Contract

3.1. In accordance with applicable law, the text of this Contract constitutes a public offer, i.e. an offer by the Seller to the Buyer to purchase the Goods by way of acceptance.

3.2. Acceptance of this Offer (Contract) is effected by the Buyer placing an Order on the Seller’s Website in the manner provided for in clause 3.3 of this Offer. For the purposes of this Contract, the moment of conclusion of the Contract is the date the Buyer places the Order, except where the Seller informs the Buyer that the ordered Goods are unavailable. In that case, the Contract is considered not concluded, and the Seller shall return to the Buyer all amounts 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 perform the following sequential actions:

• select the Goods posted on the Website, specify its quantity, options and configuration, additional options and other parameters;

• complete the order form, indicating first name, surname, delivery address, mobile telephone number and email address;

• verify the correctness of the completed form and confirm the Order by clicking the relevant button on the Website.

After the Order is placed, the Buyer is sent a confirmation to the email address specified by the Buyer, containing the Order number, the list of ordered Goods and the amount payable.

3.4. An 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 inaccurate personal data provided (first name, surname, delivery address, mobile telephone number, email address).

3.5. The fact of placing an Order by the Buyer in accordance with the above terms constitutes unconditional confirmation that the Buyer has read and accepted the terms of this Contract.

3.6. The delivery (transfer) period of the Goods to the Buyer is indicated on the Website when placing the Order. The Seller undertakes to transfer the Goods to the Buyer within the period specified in the Order confirmation sent by email. If the Goods are not available in the Seller’s warehouse or if other objective reasons prevent compliance with the specified period, the Seller shall notify the Buyer of the change in the period within 2 (two) business days from the moment the Order is placed. If no agreement is reached on a new period, the Buyer may cancel the Order without any sanctions being applied to the Parties.

3.7. By virtue of the Parties performing certain actions indicating their intention to enter into contractual relations, the Contract does not require written form or signature by the Parties.

3.8. The fact confirming conclusion of the Contract is payment for the Goods. Performance of the Contract is receipt of the Goods by the Buyer.

3.9. A Contract concluded in the manner described above has full legal force. At the same time, the Parties may at any time execute a sale and purchase contract in written form on terms not inconsistent with this Offer.

4. Price and Payment Procedure

4.1. The price on the Website is indicated next to the relevant name of the Goods and is final. The price of the Goods may be changed by the Seller unilaterally before the Buyer places the Order. After the Order is placed, the price of the Goods may not be changed. If the specified Goods are unavailable from the Seller and the Buyer is offered analogous Goods, the price shall be agreed by the Parties separately.

4.2. The price of the Goods does not include delivery costs unless otherwise expressly indicated on the Website when placing the Order.

4.3. Payment for the Goods shall be made:

• by residents of the Republic of Latvia and other countries — in euros, unless otherwise provided by the Website or the Order;

• by non-residents — in euros, unless otherwise provided by the Website or the Order.

4.4. Payment for the Goods shall be made by the Buyer on the terms of 100% (one hundred percent) advance payment when using online acquiring methods, as well as by bank transfer, or upon receipt of the Order at the post office when the payment method “Cash on Delivery” is selected, if available. The Seller’s obligations to transfer the Goods arise from the moment of receipt of 100% payment of the price of the Goods and delivery, unless another moment is agreed by the Parties in the Order.

4.5. Payment is confirmed by a payment notification sent to the Buyer by email.

5. Delivery of Goods

5.1. The Buyer may check information on the status of the Order in the personal account on the Seller’s Website. The Seller shall send the Buyer a notification of any change in the status of the Order, as well as of dispatch of the Goods, to the email address specified by the Buyer.

5.2. Delivery of the Goods shall be made to the address specified by the Buyer by the efforts of a specially engaged Carrier (a third-party organization providing services for transportation, storage and delivery of goods).

5.3. The estimated delivery period of the Goods is indicated on the Website when placing the Order. The Seller shall make reasonable efforts to comply with the specified period; however, the exact delivery period 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 Goods have not been transferred to the Buyer within 60 (sixty) calendar days from the date of confirmation of payment for the Order, the Buyer may demand from the Seller partial compensation for waiting in an amount of up to 15% (fifteen percent) of the price of the Goods (excluding delivery costs). The specific amount of compensation shall be determined by the Seller unilaterally but may not exceed 15% of the price of the Goods. Compensation shall be paid to the Buyer to the Buyer’s bank account or by another agreed method within 10 (ten) business days from receipt of the Buyer’s relevant demand.

5.5. If the Goods are returned to the Seller due to the Buyer’s failure to collect them (expiration of the storage period of the shipment at the Carrier’s branch/issuance point, refusal to receive, etc.), the Seller shall refund the amounts paid for the Goods, less actually incurred expenses related to organizing delivery and return of the Goods (including, but not limited to, Carrier tariffs for shipment in both directions, document processing fees, insurance, storage of the shipment, and payment system commissions for refunding funds).

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 may choose one of the following options:

5.6.1. Refund: The Seller shall make a full refund of the price of the Goods and delivery costs paid by the Buyer within 14 (fourteen) calendar days from receipt of documentary confirmation of confiscation or return of the Goods, or from actual receipt of the returned Goods at the Seller’s warehouse, whichever occurs earlier.

If this option is chosen, the Seller does not guarantee availability of the Goods in stock at the time of refund and subsequent placement of a new Order by the Buyer.

5.6.2. Re-shipment:

• in the event of loss of the Goods by the Carrier — the Seller shall re-ship the Goods at its own expense if analogous Goods are available in the Seller’s warehouse;

• in the event of confiscation or return of the Goods by customs authorities — the Seller shall re-ship the Goods by agreement of the Parties. The cost of re-delivery shall be paid by the Buyer unless otherwise agreed by the Parties in writing.

In the case of re-shipment under this clause, the Contract remains in force, and the delivery period shall be calculated anew from the date of re-shipment.

5.7. The Seller’s obligation to refund money or re-ship the Goods provided for in clause 5.6 of this Contract arises exclusively upon the existence of an official document confirming loss, confiscation or return of the Goods. The absence of such a document is grounds for refusing the Buyer’s demand until the Seller receives the relevant evidence. The burden of providing evidence lies with the Buyer, except where the Seller independently received 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 may not 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 applicable requirements of the law of the Republic of Latvia 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 warranty for the Goods for a period of 12 (twelve) months from the moment 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 Goods set out in the operating manual (user instructions) supplied with the Goods or available electronically on the Seller’s website.

6.4. The warranty does not apply in the following cases:

6.4.1. repair or intervention in the internal design of the Goods was performed by persons not authorized by the Seller or the manufacturer;
6.4.2. presence of mechanical damage to the Goods (cracks, chips, dents, deformation of the housing) arising after transfer of the Goods to the Buyer;
6.4.3. damage to the Goods by liquid or other aggressive media causing full or partial loss of operability;
6.4.4. modification of the hardware or software of the Goods without agreement with the Seller;
6.4.5. use of accessories not recommended by the manufacturer with the Goods;
6.4.6. absence or damage of factory serial numbers, markings, “QC Passed” stickers or other identification marks;
6.4.7. operation of the Goods for purposes other than intended or in violation of the manufacturer’s instructions;
6.4.8. violation of the rules for use of batteries installed by the manufacturer, or use of third-party batteries incompatible with the Goods.

6.5. During the warranty period, defects in the Goods arising through the fault of the manufacturer (Seller) shall be remedied at the Seller’s expense. The Seller shall organize delivery of the Goods to the service center and back at its own expense unless otherwise agreed by the Parties. The Buyer shall ensure proper packaging of the returned Goods to prevent damage during transportation. If the Goods are damaged during return through the fault of the Carrier, the Carrier shall be liable.

6.6. If defects in the Goods arose through the fault of the manufacturer, the costs of delivery of the Goods to the service center and back shall be reimbursed by the Seller. In other cases (including absence of a warranty case), delivery costs shall not be reimbursed.

6.7. Information on contacts for warranty service is indicated on the Website: www.cobrartp.com.

6.8. All Goods sold on the Website are technically complex goods. Replacement and return of Goods of proper quality shall be carried out in accordance with the applicable consumer protection laws of the Republic of Latvia and the European Union. Return is possible only for Goods of improper quality (defect, fault) in the manner provided for in this Section and applicable law.

7. Software

7.1. The software (hereinafter “Software”) contained in the Goods is an integral part thereof and is supplied together with the Goods. The copyright holder of the Software is the Seller (unless otherwise indicated on the Website or in the documentation for the Goods).

7.2. The copyright holder grants the Buyer the right to use the Software under a simple (non-exclusive) license on a royalty-free basis for the entire service life of the Goods.

7.3. The Buyer is the end user of the Software and may not:

7.3.1. use the Software for commercial purposes unless otherwise provided by the license;
7.3.2. copy, reproduce, publish, distribute, sublicense, transfer for temporary use, rent, lease or finance-lease the Software;
7.3.3. modify, edit or delete trademarks or other designations of the copyright holder contained in the Software;
7.3.4. attempt to decompile, disassemble or otherwise extract the source code of the Software;
7.3.5. make changes to the functionality of the Software not provided for by the user instructions.

7.4. The copyright holder guarantees that the Software is original, does not infringe the rights of third parties and does not contain viruses or other malicious programs.

7.5. The copyright holder is not responsible for the compatibility of the Software with the Buyer’s hardware or software if such hardware or software was not expressly recommended by the Seller.

7.6. The copyright holder is not responsible for 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 terminates upon expiration of the service life of the Goods specified in the operating instructions, or from the moment the Buyer’s ownership of the Goods terminates.

8. Rights and Obligations of the Parties

8.1. The Seller shall:

8.1.1. ensure fulfillment of all obligations to the Buyer in accordance with the terms of this Contract and the applicable law of the Republic of Latvia;
8.1.2. transfer the Goods to the Buyer in accordance with the placed Order;
8.1.3. notify the Buyer of dispatch of the Goods to the email address specified when placing the Order;
8.1.4. provide the Buyer with information on the timeframes for fulfillment of the Order in the manner provided for in clause 3.6 of this Contract;
8.1.5. ensure protection and confidentiality of the Buyer’s personal data in accordance with the applicable law of the Republic of Latvia and the European Union, including the GDPR;
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:

8.2.1. change prices for the Goods and tariffs for related services in the manner provided for in clause 4.1 of this Contract;
8.2.2. expand, reduce or suspend the sale of individual Goods on the Website with prior notice to Buyers by posting information on the Website;
8.2.3. cancel the Buyer’s Order at the stage of its confirmation if the requested Goods are unavailable from the Seller, or if the information provided by the Buyer does not allow delivery to be made (for example, an incorrect address). In this case, the Seller shall notify the Buyer and return all amounts paid (if any) within 5 (five) business days;
8.2.4. use “cookie” technology to improve the operation of the Website; this technology does not contain confidential information and is not transferred to third parties;
8.2.5. receive and process information about the IP address of a Website visitor for the purposes of performing obligations under this Contract and ensuring Website security;
8.2.6. process the Buyer’s personal data for the period necessary for performance of this Contract, as well as for compliance with legal requirements (including accounting), but not more than 5 (five) years from the moment of performance of the Contract, unless another period is established by law;
8.2.7. send advertising and informational messages to the Buyer only with the Buyer’s prior consent expressed by marking a checkbox when placing the Order. The Buyer may at any time refuse to receive such messages.

8.3. The Buyer shall:

8.3.1. before placing the Order, read the terms of this Contract, prices for the Goods, delivery and return rules;
8.3.2. provide accurate personal data and information necessary for placing and delivering the Order;
8.3.3. consent to the processing of their personal data in the manner provided for in this Contract and the applicable law;
8.3.4. pay for the ordered Goods and Services (Works) on the terms of this Contract;
8.3.5. upon receipt of the Goods, inspect their appearance, check quantity, completeness, integrity of packaging and presence of visible damage. If damage or mismatch with the order is detected, immediately record this in the presence of the Carrier;
8.3.6. not transfer their registration data (login and password) to third parties.

8.4. The Buyer has the right to:

8.4.1. receive reliable information about the consumer properties of the Goods, the terms of their purchase and delivery;
8.4.2. contact the Seller for consultation on matters related to the Goods before placing the Order;
8.4.3. change the contents of the Order (in terms of delivery address or composition of the Goods) before it is dispatched by the Seller. The Seller shall take all reasonable measures to agree on such changes;
8.4.4. make changes to their personal data by sending a corresponding request to the Seller;
8.4.5. refuse to receive advertising and informational mailings at any time by clicking the link in such message or sending a request to the Seller.

9. Liability of the Parties

9.1. For non-performance or improper performance of the terms of this Contract, the Parties shall be liable in accordance with the applicable law of the Republic of Latvia.

9.2. The Buyer is responsible for the accuracy of the information provided when placing the Order.

9.3. The Seller is not liable if the Buyer incorrectly selects the characteristics of the Goods, or if the Buyer’s expectations regarding the consumer properties of the Goods are not met, or for any actions of the Buyer related to modification of the design of the Goods, etc.

9.4. Upon the occurrence of force majeure circumstances that a Party to this Contract could neither foresee nor prevent by reasonable measures, the period for performance of obligations under this Contract shall be extended by the time during which such circumstances continue, without compensation for any losses.

9.5. Such extraordinary events include, in particular: floods, fire, earthquake, explosion, storm, soil subsidence, other natural phenomena, epidemics, as well as war or military actions, terrorist acts; voltage surges in the power grid and other circumstances resulting in failure of technical means of either Party to the Contract.

9.6. A Party for which a situation has arisen making it impossible to perform its obligations due to the occurrence of force majeure circumstances shall notify the other Party in writing of the occurrence, expected duration and termination of such circumstances immediately (but not later than 5 (five) business days).

9.7. In the event of a dispute regarding the time of occurrence, duration and termination of force majeure circumstances, a conclusion of a competent authority at the location of the relevant Party shall be proper and sufficient confirmation of the beginning, duration and termination of such circumstances.

9.8. Failure to notify or untimely notification of a Party about the beginning of force majeure circumstances deprives it thereafter of the right to refer to them as a basis exempting it from liability for non-performance of obligations under this Contract.

9.9. If force majeure circumstances or their consequences continue for more than 30 (thirty) calendar days in a row, the Contract may be terminated at the initiative of either Party by sending written notice to the other Party.

10. Personal Data

The policy for the use of personal data is described on the Privacy Policy page posted on the Website.

11. Miscellaneous

11.1. The Seller has the right to make changes and additions to this Contract. Changes enter into force 15 (fifteen) calendar days after their posting on the Website, unless another period is specified in the notice itself. Changes worsening the Buyer’s position (including price increases and changes in return conditions) apply only to Orders placed after such changes enter into force.

11.2. Notification of the Buyer about changes and additions to the Contract shall be made by posting the text of the changes on the Website. The Buyer undertakes to independently monitor changes on the Website.

11.3. All disputes related to non-performance or improper performance of obligations under this Contract shall be resolved by the Parties through negotiations. The pre-trial claim procedure is mandatory. The period for consideration of a claim is 20 (twenty) business days from its receipt.

11.4. If no agreement is reached in the pre-trial procedure, disputes shall be referred to the court in accordance with the applicable law of the Republic of Latvia at the location of the Seller.

11.5. All informational materials presented on the Website (images, descriptions, videos) are for reference purposes. The actual color, shape, size and packaging of the Goods may differ slightly from the images on the Website. In case of doubt, the Buyer may contact the Seller for consultation before placing the Order.

11.6. All objects posted on the Website (design, text, graphic images, video, logos, trademarks) are objects of exclusive rights of the Seller (copyright holder) and may not be used without its prior written permission.

11.7. The Buyer is aware and agrees that the Goods are intended exclusively for use in motorsport and professional activities related to chip tuning. The Goods are not intended for use on vehicles permitted to participate in road traffic on public roads unless otherwise expressly indicated in the characteristics of the Goods. Use of the Goods on public roads may contravene the law 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 advance payment, prepayment, installment payment or deferred payment under this Contract do not constitute a commercial loan and are not grounds for calculating interest unless otherwise expressly provided by this Contract.

11.9. Withdrawal of the Offer (Contract) may be carried out by the Seller at any time by posting a corresponding notice on the Website not less than 24 (twenty-four) hours before the moment of withdrawal. Withdrawal of the Offer is not grounds for termination of the Seller’s obligations under already concluded Contracts.

11.10. Notices, claims and other legally significant messages of the Parties shall be sent: by the Seller — to the Buyer’s email address specified when placing the Order; by the Buyer — to the Seller’s email address (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 Contract is valid until all its terms are fulfilled by the Parties or until the Offer is withdrawn by the Seller.

12.2. In all other matters not provided for by this Contract, the Parties shall be governed by the applicable law of the Republic of Latvia.

Seller’s Details:

Cobrartp LLC
©2018

Legal address:
Imantas iela 6, LV-1067, Riga, Latvia