Public Offer Agreement

1. General Provisions

1.1. This offer is an official offer of the online store caiman.ua, hereinafter referred to as the "Seller", to conclude a Contract for the sale and purchase of goods remotely, and places the Public Offer (offer) on the official website of the Seller "https://caiman.ua" (hereinafter referred to as the "Website").
1.2. The moment of full and unconditional acceptance by the Buyer of the Seller's offer (acceptance) to conclude an electronic contract for the sale and purchase of goods is the fact of payment by the Buyer for the order under the terms of this Agreement, within the timeframes and at the prices indicated on the Seller's website.

2. Concepts and Definitions

2.1. In this offer, unless the context otherwise requires, the following terms have the following meanings:

  • "Product" - products, components and accompanying items.
  • "Online store" - in accordance with the Law of Ukraine "On Electronic Commerce", a means for presenting or selling a product, work or service by making an electronic transaction.
  • "Seller" - a company selling products presented on the Internet site.
  • "Buyer" - an individual or legal entity that has entered into an agreement with the Seller on the terms and conditions set out below.
  • "Order" - selection of individual items from the list of products specified by the Buyer when placing an order and making payment.

3. Subject of the Agreement

3.1. The Seller undertakes to transfer the Product to the Buyer's ownership, and the Buyer undertakes to pay for and accept the Product under the terms of this Agreement. This Agreement regulates the sale and purchase of products in the Online Store, including:

  • voluntary selection of products in the Online Store by the Buyer;
  • independent placement of an order in the Online Store by the Buyer;
  • payment by the Buyer for the order placed in the Online Store;
  • processing and delivery of the order to the Buyer as property under the terms of this Agreement.

4. Order placement procedure

4.1. The Buyer has the right to place an order for any product presented on the Online Store Website and available.
4.2. Each item can be presented in the order in any quantity.
4.3. If the product is not in stock, the Company Manager is obliged to notify the Buyer (by phone or e-mail).
4.4. If the product is not available, the Buyer has the right to replace it with a product of a similar model, refuse this product or cancel the order.

5. Order payment procedure

5.1. Payment is made by any of the available payment methods presented on the website, at the discretion of the Buyer.
5.2. The sale of some types of goods is possible only upon full prepayment.
5.3. If funds are not received, the Online Store reserves the right to cancel the order.

6. Order delivery terms

6.1. Goods purchased in the Online Store are delivered to the warehouses of transport companies or by home delivery at the discretion of the Buyer, provided that the selected payment method does not violate the rules of the transport companies.
6.2. Together with the order, the Buyer is provided with documents in accordance with the legislation of Ukraine.

7. Rights and obligations of the parties

7.1. The Seller has the right to unilaterally suspend the provision of services under this Agreement in the event of a breach by the Buyer of the terms of this Agreement or at its own discretion.
7.2. The Buyer is obliged to pay for and receive the order in a timely manner under the terms of this Agreement.
7.3. The Buyer has the right to:

  • place an order in the Online Store;
  • execute an electronic agreement;
  • demand that the Seller fulfill the terms of this Agreement.

8. Liability of the Parties

8.1. The Parties shall be liable for failure to fulfill or improper fulfillment of the terms of this Agreement in the manner prescribed by this Agreement and the current legislation of Ukraine.
8.2. The Seller shall not be liable for:

  • minor discrepancies in the color scheme of the product, which may differ from the original product solely due to different color rendering of personal computer monitors of individual models;
  • for the content and veracity of the information provided by the Buyer when placing an order;
  • for delays and interruptions in the provision of Services (order processing and product delivery), which occur for reasons beyond its control;
  • for unlawful illegal actions committed by the Buyer using this access to the Internet;
  • for the transfer by the Buyer of its network identifiers - IP, MAC address, login and password to third parties.

8.3. The Buyer, using the access to the Internet provided to him, is solely responsible for the damage caused by his actions (personally, even if another person was under his login) to persons or their property, legal entities, the state or moral principles.
8.4. In the event of force majeure, the parties are released from fulfilling the terms of this agreement. For the purposes of this agreement, force majeure circumstances are understood to be events of an extraordinary, unforeseen nature that exclude or objectively interfere with the execution of this agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
8.5. The Parties make every effort to resolve any disagreements exclusively through negotiations.

9. Other conditions

9.1. The online store reserves the right to unilaterally make changes to this agreement, subject to its preliminary publication on the website https://caiman.ua
9.2. The online store was created to organize a remote method of selling goods via the Internet.
9.3. The Buyer is responsible for the accuracy of the information specified when placing an order. In this case, when making an acceptance (placing an order and subsequent payment for the goods), the Buyer provides the Seller with his unconditional consent to the collection, processing, storage, use of his personal data, within the meaning of the Law of Ukraine "On the Protection of Personal Data".
9.4. Payment by the Buyer for an order placed in the Online Store means the Buyer's full consent to the terms of the sale and purchase agreement (public offer).
9.5. The actual date of the electronic agreement between the parties is the date of acceptance of the terms, in accordance with Art. 11 of the Law of Ukraine "On Electronic Commerce".
9.6. Using the Online Store resource for previewing the goods, as well as for placing an order for the Buyer is free of charge.
9.7. The information provided by the Buyer is confidential. The Online Store uses information about the Buyer solely for the purpose of processing the order, sending notifications to the Buyer, delivering the goods, making mutual settlements, etc.

10. Procedure for returning goods

10.1. Return of goods to the online store is carried out in accordance with the current legislation of Ukraine, more detailed information is provided at the link. Return and exchange of goods is carried out in the shortest possible time.