Individual entrepreneur Ruda Kristina Petrovna, entry number on the state registration of an individual entrepreneur in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations 2 067 000 0000 154161 dated 21.06.2013 (hereinafter referred to as the Seller),, on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter collectively referred to as the Parties, have entered into this Public Offer Agreement (hereinafter - the Agreement), addressed to an indefinite number of persons, which is the official public offer of the Seller to enter into a sales contract for the Goods, the images of which are posted in the relevant section of the Website https://www.comodos.com.ua. Buyers, when purchasing Goods whose images are posted on the corresponding pages of https://www.comodos.com.ua, accept the terms of this Agreement as follows:
1. General Provisions
1.1. The contractual relationship between the seller and the buyer is formalized as a Public Offer Agreement. Clicking the "Buy" button on the relevant page of the Website https://www.comodos.com.ua means that the Buyer, regardless of their status (individual, legal entity, entrepreneur), in accordance with current international and Ukrainian legislation, agrees to fulfill the terms of this Public Offer Agreement, as stated below.
1.2. The Public Offer Agreement is public, meaning that in accordance with Articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Buyers regardless of their status (individual, legal entity, entrepreneur). By fully agreeing to this Agreement, the Buyer accepts the terms and conditions for placing an order, payment, and delivery of the goods by the Seller, and the responsibility for dishonest orders and failure to fulfill the terms of this Agreement.
1.3. This Agreement comes into effect when the "Place Order" button is clicked, whereby the Buyer agrees to purchase the Goods available from the Seller and remains valid until the Buyer receives the Goods from the Seller and completes the payment.
1.4. To regulate the contractual relationship under this Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, to which the Verkhovna Rada of Ukraine has agreed to be bound, establishes rules different from those provided by Ukrainian legislation, the rules of the international treaty will apply.
2. Terms and Definitions
"Public Offer Agreement" - a public agreement, the template of which is posted on the Website https://www.comodos.com.ua, and whose application is mandatory for all Sellers, containing the Seller's offer to purchase Goods, the images of which are posted on the Website https://www.comodos.com.ua, addressed to an indefinite number of persons, including Buyers.
"Acceptance" - the Buyer's acceptance of the Seller's offer to purchase Goods, the images of which are posted on the Website https://elitmatras.com, by adding it to the virtual cart and submitting the Order.
"Goods" - the item for sale (product, model, accessory, components, related items, or any other commercial items), for the purchase of which the Seller's offer is posted on the Website https://www.comodos.com.ua.
"Buyer" - any legally capable individual, legal entity, or entrepreneur, according to current international and Ukrainian law, who visits the Website https://www.comodos.com.ua and intends to purchase any Goods.
"Seller" - any legally capable individual, legal entity, or entrepreneur, according to current international and Ukrainian law, who is the owner or distributor of the Goods and intends to sell them via the Website https://www.comodos.com.ua.
"Order" - a properly filled and submitted request by the Buyer on the Website https://www.comodos.com.ua to purchase Goods, addressed to the Seller.
"Legislation" - the norms established by Ukrainian or international legislation to regulate the contractual relations under this Agreement.
"Material defect of the Goods" - a defect that makes the use of the Goods according to its intended purpose impossible or inadmissible, which arises due to the Seller's fault, and reappears after its elimination due to reasons beyond the consumer's control.
3. Subject of the Agreement
3.1. The Seller agrees, under the terms and conditions specified in this Agreement, to sell the Goods based on the Order placed by the Buyer on the relevant page of the Website https://www.comodos.com.ua, and the Buyer agrees, under the terms and conditions specified in this Agreement, to purchase the Goods and pay for them.
3.2. The Seller guarantees that the Goods are not pledged, are not subject to a dispute, are not under arrest, and that there are no third-party rights on the Goods.
3.3. The Seller and Buyer confirm that this Agreement is not a fictitious or simulated agreement or one concluded under pressure or fraud.
3.4. The Seller confirms that it has all necessary permits to conduct business activities in accordance with the legal relations arising and operating during the execution of this Agreement, and guarantees the right to manufacture and/or sell the Goods without restrictions, in accordance with the requirements of Ukrainian legislation, and undertakes to bear responsibility in case of violation of the Buyer's rights during the execution of this Agreement and sale of the Goods.
4. Rights and Obligations of the Seller
4.1. The Seller is obliged to:
- fulfill the terms of this Agreement;
- process the Buyer's order upon receipt of payment from the Buyer;
- deliver the Goods to the Buyer according to the selected model on the relevant page of the Website https://www.comodos.com.ua, the placed order, and the terms of this Agreement;
- check the quality and quantity of the Goods during packing in the warehouse;
- inform the Buyer about any possible additional commission for payments of European orders made with cards like Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro, as outlined in this Agreement.
4.2. The Seller has the right to:
- unilaterally terminate the provision of services under this Agreement in case of breach of the terms of this Agreement by the Buyer.
5. Rights and Obligations of the Buyer
5.1. The Buyer is obliged to:
- pay on time and receive the order under the terms of this Agreement;
- familiarize themselves with the information about the Goods posted on the Website https://www.comodos.com.ua;
- when receiving the Goods from the person who delivered it, ensure the integrity and completeness of the Goods by inspecting the contents of the package. In case of damage or incomplete set, it must be recorded in an act, which must be signed by the person delivering the Goods to the Buyer.
5.2. The Buyer has the right to:
- place an order on the relevant page of the Website https://www.comodos.com.ua
- require the Seller to fulfill the terms of this Agreement;
- be informed about any additional commissions for payments of European orders made with cards like Mastercard, Visa, Visa Electron, Mastercard Electronic, Maestro.
6. Order Placement Procedure
6.1. The Buyer independently places an order on the corresponding page of the Website https://www.comodos.com.ua by adding Products to the virtual cart by pressing the "Add to Cart!" button, or by placing an order via email, or by phone number, as specified in the Contacts section of the Website https://www.comodos.com.ua.
6.2. The order processing time is up to 2 business days from the moment it is placed. If the order is placed on a weekend or public holiday, the processing time starts from the first business day after the holiday.
7. Price of the Agreement and Payment Procedure
7.1. The price of each individual Product is determined by the Seller and is specified on the corresponding page of the Website https://www.comodos.com.ua. The price of the Agreement is determined by adding the prices of all selected Products placed in the virtual cart and the delivery cost, which is determined based on the delivery method in accordance with the conditions of section 8 of this Agreement.
7.2. The cost of the Order may change depending on the price, quantity, or nomenclature of the goods.
7.3. The Buyer may pay for the order by the following methods:
- by bank transfer to the Seller's current account specified in the invoice, including via online banking (the Buyer must pay for the order within three days from the date of receiving the invoice with 100% prepayment).
- cash on delivery when receiving the Order from the delivery service representative within Ukraine or another country, according to the place of the order.
- By credit card of the following types:
- Visa
- Visa Electron
- Mastercard
- Mastercard Electronic
- Maestro
- by any other method by agreement with the Seller.
Note: When the Buyer pays for the order by payment card, an additional fee may be charged by the card issuer, including when the Buyer pays for European orders with Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro cards. By pressing the "Buy" button on the corresponding section of the Website https://www.comodos.com.ua, the Seller informs the Buyer about the possibility of an additional fee being charged when paying for European orders by Visa, Mastercard, Visa Electron, Mastercard Electronic, Maestro card issuers.
8. Delivery Terms
8.1. The Buyer receives the Product through delivery or picks it up personally. The payment and receipt procedure is specified on the corresponding page of the Website https://www.comodos.com.ua.
8.2. When delivering Products to other cities of Ukraine or abroad by other Delivery Services (hereinafter referred to as Carrier Companies), the Buyer fully and unconditionally agrees with the Freight Rules of these Carrier Companies.
8.3. The fact of receiving the Product and the absence of claims regarding the quality of the Product delivered by Carrier Companies is confirmed by the Buyer's signature on the waybill, the Carrier Company's declaration, or in the goods receipt when receiving the Product. On its part, the Seller guarantees the shipment of the Product to the Carrier Company in the quantity specified and paid by the Buyer, in the configuration according to the specification of this Product, and in proper (working) condition and quality.
8.4. If the Buyer is absent at the delivery address specified in the order or refuses to accept the Product for unreasonable reasons, when delivered by the Carrier Company's Courier, the Product is returned to the shipment center. The cost of the Carrier Company's services is deducted from the amount paid by the Buyer for the Product. The remaining amount is refunded to the Buyer based on their letter sent to the email: comodos.shop@gmail.com with the specified account number to which the funds should be returned.
Any issues arising during payment and receipt of the Product can be clarified by the Buyer using the contact details in the Contacts section.
9. Product Return Conditions
9.1. According to Article 9 of the Law of Ukraine "On Consumer Protection," the Buyer has the right to exchange a Product of proper quality within fourteen days, excluding the day of purchase, unless a longer period is announced by the Seller. The Buyer has the right to exchange the Product in accordance with the provisions of the legislation regarding the grounds and list of Products that cannot be exchanged (returned).
9.2. If the Buyer intends to return the Product, the return is carried out according to the "Return" section of the Website, taking into account the rules and conditions of the carrier or courier operating in Ukraine or another country, depending on the place of receipt of the Product.
9.3. If any of the listed defects are present, the Buyer is obliged to record them in a document of free form. The document must be signed by the Buyer and the person who delivered the Product or the Seller. If possible, defects should be recorded with photo or video equipment. Within 1 (one) day, the Buyer must notify the manager (the Seller’s representative responsible for order processing) about the identified defects and agree on a replacement of the Product by filling out the return complaint form on the Website https://www.comodos.com.ua.
9.4. The Parties agree that failure to follow the mandatory requirements of the procedure mentioned above shall be considered as the Buyer receiving the Product in proper condition – without any mechanical damage and complete.
10. Responsibility of the Parties and Dispute Resolution
10.1. The Parties are responsible for non-performance or improper performance of the conditions of this Agreement as provided in this Agreement and in accordance with applicable international and Ukrainian law.
10.2. In case of disputes arising from the performance of this Agreement, excluding disputes about debt recovery from the Buyer, the Parties agree to resolve them through negotiations following the claims procedure. The term for considering the claim is 7 (seven) calendar days from the date of receipt. In disputes related to debt recovery from the Buyer, the claims procedure is not required.
10.3. All disputes, discrepancies, or claims arising from or in connection with this Agreement, including its execution, violation, termination, or invalidity, shall be resolved in the competent court in accordance with international and Ukrainian substantive and procedural law.
11. Force Majeure
11.1. The Parties are not liable for non-fulfillment of any of their obligations, except for payment obligations, if they prove that such non-fulfillment was caused by force majeure, i.e. events or circumstances that are truly beyond the control of the Party, that occurred after the conclusion of this Agreement, and are unpredictable and inevitable.
Force majeure includes, but is not limited to, natural disasters, strikes, fires, floods, explosions, freezing, wars (both declared and undeclared), uprisings, destruction of goods, carrier delays caused by accidents or adverse weather conditions, dangers, and accidents at sea, embargoes, disasters, restrictions imposed by government authorities (including distribution, priorities, official requirements, quotas, and price control), if these circumstances directly affect the execution of this Agreement.
11.2. The Party for which the performance of obligations under this Agreement has become impossible due to the occurrence of force majeure must immediately inform the other Party in writing about the occurrence of the aforementioned circumstances and, within 30 (thirty) calendar days, provide the other Party with confirmation of the force majeure circumstances. Such confirmation will be a certificate or other relevant document issued by the authorized state body at the place where the force majeure occurred.
11.3. The time required for the Parties to perform their obligations under this Agreement will be extended for any period during which the performance was delayed due to the listed circumstances.
11.4. If the non-performance of obligations under this Agreement continues for more than three months due to force majeure, each Party has the right to terminate this Agreement unilaterally by notifying the other Party in writing.
Notwithstanding the occurrence of force majeure, before terminating this Agreement due to force majeure, the Parties shall carry out final settlements.
12. Other Conditions
12.1. The information provided by the Buyer is confidential. Information about the Buyer is used exclusively for the purpose of processing their Order (sending notifications to the Seller about the order, sending promotional messages, etc.).
12.2. By accepting the Agreement or registering on the Website https://www.comodos.com.ua (filling out the registration form), the Buyer voluntarily agrees to the collection and processing of their personal data for the following purposes: the data that becomes known will be used for commercial purposes, including for processing orders for purchasing products, receiving information about orders, sending telecommunications (via email, mobile communication) advertising and special offers, information about promotions, lotteries, or any other information about the Website's activities https://www.comodos.com.ua.
For the purposes of this clause, the Buyer agrees to receive letters, messages, and materials to the Buyer’s postal address, email, and to receive SMS messages, and to receive calls to the phone number specified in the registration form.
12.3. The Buyer gives permission for the processing of their personal data, including: placing personal data in databases (without additional notice), storing the data for life, accumulating, updating, and changing the data (as necessary). The Seller undertakes to ensure protection of the data from unauthorized access by third parties, not to distribute or transfer the data to any third parties (except for transmission to related persons, commercial partners, persons authorized by the Seller for direct data processing for the specified purposes, as well as for mandatory requests from competent government bodies).
12.4. If the Buyer does not wish to receive the mailing, they have the right to contact the Seller by submitting a request to unsubscribe from receiving promotional materials, sending it to the postal or email address.
12.5. The Seller is not responsible for the content and accuracy of the information provided by the Buyer when placing the order. The Buyer is responsible for the accuracy of the information provided when placing the order.