Public offer

I inform you that the Administration/Administrator of the website, franchisee-seller, a person who, under the relevant franchise agreement, has the right to use the trademark, logo (patent) SAMO-TES and camotec (hereinafter – TM), with priority for goods in accordance with the International Classification of Goods and Services – for the purpose of selling products under the TM.

Franchisee-seller data are indicated when selling goods in delivery notes and receipts, which are mandatory documents for the sale of goods.

The use of the website/store services by the user (client), hereinafter – Buyer, indicates the Buyer’s full acceptance of this agreement and confirms their consent to the terms below.

PUBLIC CONTRACT OF SALE OF GOODS

Terms used in this Public contract of sale of goods

1. Public contract of sale of goods (hereinafter – the “Agreement”) – a contract in which the Seller undertakes to sell goods to any person who applies to them (Buyer).

2. Seller – an individual entrepreneur who posts information about the goods they sell on the website. The Seller may be any person granted the right to sell the goods by the rights holder. The Seller’s name is indicated in the documents for the transfer of goods (delivery note) to the Buyer.

3. Buyer – a person (whether individual, entrepreneur, or legal entity) who purchases, orders, uses, or intends to purchase or order goods.

4. Offer – the Seller’s proposal to any person to conclude this Agreement.

5. Acceptance – the provision by the person (Buyer) of full and unconditional consent to conclude this Agreement on the terms set forth herein.

6. Goods – products, assortment, price, and characteristics of which are specified on the Seller’s website.

7. Delivery of goods – actions of the Party to this Agreement that result in the arrival of the goods at the place of delivery.

8. Place of delivery of goods – the address where the goods are delivered under this Agreement.

9. Acceptance-transfer of goods – actions of the Parties to this Agreement (or a third party on the Buyer’s side) that lead to the actual transfer of goods from one Party to the other, formalized by the Parties signing a delivery note or another document confirming the transfer of goods by one Party or carrier to the other Party.

10. Party (Parties) under this Agreement – Seller or Buyer (Seller and Buyer) taking into account the terms of the Agreement.

11. Consent to the processing and storage of personal data is the consent of the website user and/or chatbot user, when filling out any application, request, form, or providing their personal data (surname, first name, patronymic; contact phone numbers; email addresses, and other provided personal data) through the chatbot or website, or by continuing to use the website or chatbot, acting freely, of their own will and in their own interests, and also confirming their legal capacity and competence, to grant the website owner and/or its administrator consent to:

Collection, recording, processing, accumulation, systematization, storage, clarification, updating of personal data, including passport data, personal information (age, gender), information about registered or actual place of residence, registration of an individual in the State Register of Individuals - Taxpayers, electronic identification data (biographical references, phone numbers), image recording (photos) (on paper, in card files, in information (automated) systems, etc., including registration and storage of such data in the client list) for the implementation of rights and obligations defined by current Ukrainian legislation and concluded contracts/transactions;
Use of personal data, which includes any actions by the personal data owner related to processing such data, their protection, as well as actions granting partial or full rights to process personal data to other entities;
Transfer and dissemination of personal data, which involves actions related to the transfer of information about an individual;
Access to third parties' personal data;
Receiving information through communication channels, including advertising messages via SMS, messengers, social networks, or email addresses.
Consent is given for the processing of personal data using automation tools and remains valid until the processing of personal data is terminated or the consent is withdrawn.

Consent comes into effect from the moment it is given by registering on the website and/or providing (posting) personal data on the website.

1. Acceptance of the Agreement

1.1. Confirmation of the Customer's acceptance of the terms of this Agreement is the placement of an order for the respective goods on the website https://camotec.ua/shop.

1.2. From the moment the Seller receives the Customer's order for the goods, this Agreement is considered concluded.

1.3. By accepting, the Customer confirms that they have read the content of this Agreement, the Seller's name, the procedure for submitting claims, the product characteristics, the product price, payment terms, delivery terms and payment for such delivery, warranty obligations regarding the product, the procedure for terminating this Agreement, and that the terms and content of this Agreement are fully understood by the Customer, with no unresolved questions, etc.

2. Subject of the Agreement

2.1. The Seller undertakes to transfer ownership of the ordered goods available in stock to the Customer, and the Customer undertakes to pay for and accept the ordered goods on the website.

2.2. The quantity and full name of the Product will be finally determined based on the Customer's order and specified in the invoices.

2.3. The parties under this Agreement confirm that the conclusion of this Agreement is made based on the free will of each party and with full understanding of the subject and terms of this Agreement.

2.4. By concluding this Agreement, the Buyer confirms that they are familiar with the information about the delivery terms and payment conditions for the delivery cost of the goods sold under this Agreement, as well as information about the goods themselves, namely regarding their shape, dimensions, appearance, design, color, size, quality, material characteristics from which the goods are made, and information about the manufacturer, understands these characteristics and their significance, and agrees to purchase such goods with these characteristics.

2.5. The Buyer undertakes not to engage in discriminatory actions, unfair competition, unlawful use of the Seller's business reputation and/or against the Seller (or in case the goods are marked with a trademark belonging to the Seller) with respect to the trademark for goods and services and/or industrial design (hereinafter – TM) and with respect to the owner/right holder of such TM.

2.6. The Buyer undertakes not to copy, modify, or use in their activities the trademark under which the goods are marked according to this Agreement.

3. Delivery time and conditions of the goods, terms of acceptance and transfer of the goods

3.1. The delivery time is set by the respective carrier (delivery service) under the conditions outlined in the section "Payment and Delivery Terms".

3.2. The parties agree that the Seller has the right not to commence the fulfillment of this Agreement in case of non-payment by the Buyer of the payments specified herein, including but not limited to non-payment of transportation costs for delivery of the goods to the Buyer at the location specified by the latter, or non-payment for the goods under the terms provided by this Agreement.

3.3. Ownership rights to the goods, as well as the risk of their loss or damage, pass from the Seller to the Buyer at the moment the goods are accepted by the Buyer or the carrier according to the invoice or other document established by the carrier confirming receipt of the goods by the Buyer or the carrier. The risk of accidental spoilage or loss of the supplied goods passes from the Seller to the Buyer together with the emergence of the Buyer's ownership rights to such goods.

3.4. The Seller is obliged to deliver the goods in the quantity and assortment according to the invoice based on the Buyer's order formed in their personal account on the website, and the Buyer is obliged to pay for the goods.

3.5. Delivery of the goods is at the discretion of the Buyer, either by themselves or through third parties providing transportation services (carrier). The parties have agreed that the Buyer has the right to independently choose the carrier of the goods in agreement with the Seller.

3.5.1. Delivery of goods is carried out by the carrier at the Buyer's expense to the address specified by the Buyer in the goods order (hereinafter referred to as the place of delivery of the goods).

3.5.2. The Seller places the delivery order with the carrier specified on the website based on the Buyer's order.

3.5.3. The Buyer can familiarize themselves with the cost of the delivery service for the respective goods on the website of the respective carrier.

3.5.4. In case of unjustified refusal by the Buyer to accept the goods delivered (sent) by the Seller (carrier) to the Buyer or in case of the Buyer returning the goods to the Seller, except for cases of returning defective / incomplete / non-conforming assortment goods, the Seller has the right:

- not to refund the Buyer the money paid as compensation for transportation costs / delivery cost when ordering goods costing up to 500 UAH.

- when refunding the money paid by the Buyer for such goods, to withhold the amount of incurred expenses, which represent transportation costs / the cost of delivering such goods to the Buyer.

3.5.5. The Buyer also confirms their agreement with the terms of clause 3.5. of this Agreement.

3.6. Regarding the approximate delivery date of the goods to the Buyer by the carrier, the Seller, taking into account the carrier's information, notifies the Buyer by phone at the phone number specified in the goods order. The Buyer is obliged to ensure their own presence or the presence of third parties who can accept the goods at the delivery location and on the date specified by the Seller (carrier). The Buyer is obliged to accept the goods at the delivery location.

If the Buyer does not receive the goods at the specified delivery location, such goods are stored under the conditions determined by the carrier, and the cost of each day of storage, starting after the expiration of the delivery period established in clause 3.1. of this Agreement, is set by the carrier and amounts to a fee determined for each day of storage. The Buyer is obliged to pay the cost of such storage to the carrier for the entire storage period.

If the goods are not accepted (picked up) by the Buyer within 7 calendar days after the expiration of the delivery period established in clause 3.1. of this Agreement, the Seller has the right to dispose of such goods at their own discretion without refunding the cost of such goods to the Buyer.

The repeated delivery of the goods to the Buyer is carried out by the Buyer's forces and at the Buyer's expense from the Seller's warehouse (or carrier), the address of which is additionally provided by the Seller upon the Buyer's request.

The Seller has the right, with their own consent, to make a repeated delivery of the goods to the Buyer at the place of delivery of the goods at the Buyer's expense.

3.7. The Parties agree that if the Buyer is absent at the delivery location, the product may be handed over to another person (third party) present at the delivery location who has and presents a document confirming the conclusion of this Agreement (contract and/or receipt of payment for the product, and/or other) between the Parties or the arrangement of product delivery.

3.8. Upon acceptance and transfer of the product, the Buyer (or third party) is obliged to check the assortment, quantity of the delivered product for compliance with the Buyer's order and the invoice for the respective product, as well as the product's completeness and the presence of visible defects.

In case the Buyer (or a third party) signs the invoice/declaration/other document confirming the actual acceptance of the product by the Buyer (or third party) from the carrier, the Buyer (or third party) by such signing also confirms the absence of claims regarding the assortment, quality, and completeness of the received product.

3.9. Acceptance and transfer of the product by assortment and quantity are carried out according to the Buyer's order; acceptance and transfer by quality are carried out according to regulatory legal acts and normative documents applicable to the product subject to this Agreement, as well as according to the terms of this Agreement.

3.10. The Seller is obliged to provide the Buyer (or a third party on behalf of the Buyer) with the documents for the product that are usually required.

The invoice for the product and/or other accompanying documents may be certified by the Seller's electronic signature and seal (if available) and are provided to the Buyer by sending them to the Buyer's personal account.

3.11. In case of product delivery by a carrier, the carrier is responsible for the product's safety until it is handed over to the Buyer.

3.12. Before ordering and purchasing the product, the Seller registers a personal account for the Buyer.

4. Product quality, warranty period, conditions, and procedures for resolving issues regarding product non-compliance with the terms of the Agreement

4.1. The product quality must comply with DSTU, TU (regulatory legal acts and/or normative documents) or the Seller's requirements.

4.2. The Seller guarantees to deliver and transfer to the Buyer a quality product that meets state standards (if established for this type). The product quality warranty covers all components (parts) of the product, if any.

4.3. The warranty period of the product is indicated in the product warranty card. The warranty period begins from the moment the Buyer signs the invoices for the respective product or at other times stipulated by the current legislation of Ukraine.

4.4. The warranty period and service life conditions apply to the product for which the Buyer has submitted the following documents without exception:

- warranty card for the respective product;

- product invoice;

- receipt confirming the Buyer's payment for the product.

4.5. The warranty period and service life conditions do not apply to products repaired (defects fixed) by the Buyer or third parties. The warranty period and service life conditions do not apply to products whose operating, transportation, and/or storage conditions were violated by the Buyer.

4.6. The Seller is not responsible for the use of the product for purposes other than its intended use.

4.7. The Buyer must present claims regarding quantity and/or assortment, and/or quality (visible defects), and/or incompleteness of the product to the Seller at the time of acceptance and transfer of the product from the Seller to the Buyer, including by phone if the product was delivered by a carrier. By entering into this Agreement, the Parties agree that the specified period for the Buyer to present claims to the Seller regarding quantity and/or assortment, and/or quality (visible defects), and/or completeness is reasonable.

4.8. After completing the acceptance and transfer of the product, the Buyer cannot make claims to the Seller regarding the quantity and/or assortment of the product, and/or improper completeness, and/or defects that could have been detected by the Buyer during acceptance and transfer.

4.9. Claims regarding hidden defects, defects caused by the manufacturer that could not be detected by the Buyer at the time of acceptance and transfer, may be made by the Buyer to the Seller throughout the entire warranty period applicable to the product supplied under this Agreement.

4.10. If the Buyer discovers defects in the product at the time of acceptance and transfer, the Buyer must immediately notify the Seller before the Seller (or Seller's representative, carrier) leaves the delivery location and before signing the accompanying documents for the product.

In the event that the Parties decide to return the product to the Seller due to quality issues, the Buyer must immediately, before the Seller or the carrier leaves the delivery location, hand over the product to the Seller or carrier for the Seller to examine the nature and cause of the defect, analyze the possibility of fixing the defect, and take other actions aimed at resolving the Buyer's claims. The Seller or carrier (on behalf of the Seller) must provide the Buyer with a document confirming the return of the product by the Buyer to the Seller (for example, but not limited to, a Product Return Act).

4.11. The Parties have agreed that if the goods delivered to the Buyer are not properly complete, the Seller is obliged to complete the goods within 20 (twenty) calendar days from the date of receiving the corresponding claim from the Buyer.

4.12. The Parties have agreed that if the goods delivered to the Buyer have defects, the Seller is obliged to eliminate such defects within 30 (thirty) calendar days from the date of receiving the corresponding claim from the Buyer and receiving the defective goods, if the return of the goods to the Seller is required by the nature of the established defect.

4.13. The Parties have established that the term and procedure for replacing defective goods are regulated by the Law of Ukraine "On Consumer Rights Protection" and shall be carried out immediately or within two months in case the goods are not available in the Seller's store or warehouse.

4.14. By concluding this Agreement, the Parties have agreed and established that the timeframes for eliminating defects and completing the goods according to clauses 4.11 and 4.12 of this Agreement are reasonable, considering the necessary time for transporting the goods, examining the nature of the defects, the time required to eliminate the defects, the time needed to deliver the goods to the Buyer after defect elimination, the time needed to complete the goods, and the time required to perform other actions related to bringing the goods into compliance with the requirements of this Agreement.

4.15. The Parties to this Agreement have agreed that in case of discrepancies regarding the presence of defects in the goods or the reasons for such defects, the Seller has the right to inspect the goods at the place of delivery or offer the Buyer to return the goods about which the Buyer has quality claims.

4.16. The procedure for satisfying a justified claim of the Buyer shall be carried out by agreement of the Parties to this Agreement, unless otherwise provided by the terms of this Agreement or mandatory actions are required by the current legislation of Ukraine.

4.17. The Parties have established that the Buyer has no right to return goods that meet the requirements of this Agreement and the order on the website, specifically in terms of quantity, assortment, completeness, and which were delivered to the Buyer in accordance with the terms of this Agreement.

5. Terms and procedure for settlements between the Parties

5.1. Payments between the Parties under this Agreement shall be made in the national currency of Ukraine by the Buyer transferring the corresponding amount to the Seller's account according to the bank details specified on the website (or in the generated order).

5.2. The date of payment by the Buyer for the goods is considered the date the corresponding amount of money is credited to the Seller’s account.

5.3. Payment for the goods ordered by the Buyer is made by the Buyer under the terms set out in the section "Payment and Delivery Terms".

5.4. The cost of delivery of goods, in case of delivery to the Buyer using carrier services, must be paid by the Buyer simultaneously with the payment for the goods according to clause 5.3. of this Agreement.

6. Rights and Obligations of the Parties to the Agreement

6.1. Seller’s Obligations:

6.1.1. To deliver the goods in compliance with the terms of this Agreement.

6.2. Seller’s Rights:

6.2.1. To require the Buyer to accept the goods delivered in accordance with the terms of this Agreement and the Buyer’s order placed on the website.

6.2.2. To require the Buyer to properly fulfill and comply with the terms of this Agreement within the established deadlines.

6.2.3. To refuse the Buyer the sale of goods that are not available from the Seller.

6.3. Buyer’s Obligations:

6.3.1. To accept or ensure acceptance of the goods from the Seller or carrier in accordance with the terms of this Agreement.

6.3.2. To comply with the terms of this Agreement and fulfill the obligations expressly provided for or arising from the terms of this Agreement.

6.4. Buyer’s Rights:

6.4.1. To require the Seller to deliver and transfer the goods in accordance with the terms of this Agreement.

6.4.2. To require the Seller to properly fulfill and comply with the terms of this Agreement within the established deadlines.

7. Liability of the Parties to the Agreement and the procedure for consideration and settlement of disputes

7.1. In case of non-performance or improper performance by either Party of the mandatory terms of this Agreement, such Party shall be liable in accordance with the current legislation of Ukraine.

7.2. The Parties to this Agreement have agreed that any disputes that may arise between them during the term of this Agreement may be resolved by one Party presenting a corresponding claim in writing or by any other method provided by the terms of this Agreement to the other Party.

Claims shall be considered within 20 (twenty) calendar days from the date of receipt of such claim by the Party to whom the claim was addressed, unless otherwise provided by the terms of this Agreement.

In case the Parties fail to reach an agreement regarding the arising dispute, such dispute and disagreements shall be resolved in accordance with the current legislation of Ukraine.

7.3. The Seller is exempt from liability for breach (non-performance, improper performance, delay in performance) of the terms of this Agreement if such breach is caused by force majeure circumstances that arose after the conclusion of this Agreement.

8. Term of the Agreement

8.1. This Agreement comes into force from the moment it is accepted by the Buyer and remains in effect until the Seller and Buyer fulfill the obligations stipulated by the terms of this Agreement.

9. Changes to the terms of the Agreement and its termination

9.1. The terms of this Agreement may be changed or supplemented by posting them on the website.

9.2. The Parties agree that this Agreement may be terminated early unilaterally by either Party. The Agreement is considered terminated on the day the receiving Party receives a notice of termination of this Agreement from the other Party under this Agreement, including written but not limited to.

9.3. The Parties agree that in case of termination of this Agreement at the initiative of the Buyer or refusal of the Buyer to accept delivery of the goods specified in the order after payment of their cost, the Seller has the right not to refund the money paid by the Buyer or has the right to refund such money partially in the amount of no more than 0.1% of the total cost of the goods ordered by the Buyer. The Seller has the right to refund the money to the Buyer in any other amount if there is mutual consent of the Parties under this Agreement.

9.4. In case of termination of this Agreement at the initiative of the Seller or in case of unjustified refusal by the Seller to fulfill the terms of this Agreement, the Buyer has the right to demand compensation from the Seller in the amount of the cost of the goods according to the Buyer's order for which the Seller did not fulfill obligations. The Buyer has the right to demand compensation from the Seller in any other amount if there is mutual consent of the Parties under this Agreement.

10. Personal data

10.1. The Parties voluntarily consent to the processing of their personal data to the extent contained in this Agreement, the order on the site, invoices, acts, waybills, and other documents related to the execution of this Agreement.

Joining this Agreement means unequivocal consent to the above and confirmation that the authorized person of each Party is familiar with the content of Article 8 of the Law of Ukraine "On Personal Data Protection" and the purpose of processing personal data (which is not publicly available):

• handling requests and applications;
• maintaining communication with the user;
• sending information, including advertising (messages) via chatbot or to the email, phone number, postal address specified by the user, etc., including sending advertising, service, and news mailings;
• provision of services;
• sale of goods;
• conclusion and execution of the contract;
• establishing feedback, including the direction of messages, inquiries related to the use of the site or chatbot, provision of services, processing of requests and applications from the user or client;
• determining the user's location;
• IP addresses from which the site was accessed;
• information from cookies;
• information about the browser (or other program accessing the site);
• time of access to the site;
• visited page addresses;
• referrer (address of the previous page).

10.2. The Parties guarantee that any personal data transferred under the terms of this Agreement is obtained, processed, and transferred in accordance with the requirements of the current legislation of Ukraine in the field of personal data protection.

The Parties guarantee that the transfer and processing of the received personal data is carried out solely to ensure the fulfillment of obligations under this Agreement, to the extent and within the limits defined by the Law of Ukraine "On Personal Data Protection."

The method of processing personal data is the processing of personal data using an automated information system.

10.3. The Buyer undertakes to provide updated, accurate information and relevant documents for updating personal data as soon as possible in case of any changes. The Buyer is aware of the rights of the personal data subject defined by the Law of Ukraine "On Personal Data Protection," the personal data controller, the composition and content of the personal data collected, the purpose of collecting such data, and the right to transfer personal data.

10.4. In case of violation by one of the Parties of the personal data protection legislation, the other Party shall not be held liable for such violation.

The website owner and/or its administrator bear no responsibility for the disclosure of personal data to third parties if such disclosure is necessary for exercising their rights and obligations defined by the current legislation of Ukraine and concluded agreements.

11. Other terms of the Agreement

11.1. The Agreement is binding for performance by the Parties.

11.2. The Parties have established that the invalidation of this Agreement in any of its individual parts shall not be grounds for declaring this Agreement invalid in its entirety.

11.3. By concluding this Agreement, the Buyer gives the Seller consent to process and store their personal data for the purpose of implementing the relations arising between the Parties under this Agreement, to ensure the implementation of administrative and legal relations, tax relations, accounting relations, advertising relations, collection of personal data for commercial purposes, and statistical relations in accordance with the current legislation of Ukraine.

 By concluding this Agreement, the Buyer confirms that they have been informed of their rights provided by Article 8 of the Law of Ukraine "On Personal Data Protection."

11.4. The Parties guarantee that at the time of concluding this Agreement they are vested with the appropriate powers and have the right to conclude this Agreement.

11.5. For all issues not covered by the terms of this Agreement, the Parties shall be guided by the current legislation of Ukraine.