PUBLIC CONTRACT (OFFER)

for ordering, purchasing, selling and delivering goods

This contract is an official and public offer from the Seller to conclude a contract for the purchase and sale of Goods presented on the website www.captainbook.com This contract is a public one, meaning that in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all buyers regardless of their status (individual, legal entity, individual entrepreneur) without giving preference to one buyer over another. By entering into this Contract, the Buyer fully accepts the terms and conditions for placing orders, paying for goods, delivering goods, returning goods, liability for unfair orders, and all other terms of the contract. The Contract is considered concluded from the moment the “Confirm Order” button is clicked on the order page in the “Cart” section and the Buyer receives confirmation of the order from the Seller in electronic form.

1. Definition of Terms

1.1. Public Offer (hereinafter referred to as the “Offer”) – a public proposal from the Seller, addressed to an indefinite circle of persons, to conclude with the Seller a contract for the purchase and sale of goods remotely (hereinafter referred to as the “Contract”) on the terms contained in this Offer.

1.2. Goods or Service – the subject of the transaction between the parties, which was selected by the buyer on the website of the Online Store and placed in the cart, or already purchased by the Buyer from the Seller remotely.

1.2. Online Store – the Seller’s website at www.captainbook.com created for concluding retail and wholesale purchase and sale contracts based on the Buyer’s familiarization with the description of the Goods offered by the Seller via the Internet.

1.3. Buyer – a capable individual who has reached the age of 18, receives information from the Seller, places an order for the purchase of goods presented on the Online Store website for purposes not related to entrepreneurial activities, or a legal entity or individual entrepreneur.

1.4. Seller – Individual Entrepreneur “Moshenets Zh.I.” (identification code 2401416760), an individual created and operating in accordance with the current legislation of Ukraine, located at: 65069, Odesa, 5th Suvorovska St., building 14.

2. Subject of the Contract

2.1. The Seller is obliged to transfer the Goods to the Buyer’s ownership, and the Buyer is obliged to pay for and accept the Goods under the terms of this Contract.

2.2. The date of concluding the Offer Contract (acceptance of the offer) and the moment of the Buyer’s full and unconditional acceptance of the terms of the Contract shall be the date of the Buyer filling out the order form located on the Online Store website, provided that the Buyer receives confirmation of the order from the Seller in electronic form. If necessary, at the Buyer’s request, the Contract may be executed in writing.

3. Placing an Order

3.1. The Buyer independently places an order in the Online Store through the “Cart” form, or by placing an order by e-mail or by phone number listed in the contact section of the Online Store.

3.2. The Seller has the right to refuse to transfer the order to the Buyer if the information provided by the Buyer when placing the order is incomplete or raises doubts about its validity.

3.3. When placing an order on the Online Store website, the Buyer is obliged to provide the following mandatory information required by the Seller to fulfill the order:

3.3.1. Surname, name of the Buyer;

3.3.2. Address to which the Goods should be delivered (if delivery to the Buyer’s address);

3.3.3. Contact phone number;

3.3.4. Identification code for a legal entity or an individual entrepreneur.

3.4. The name, quantity, article number, and price of the Goods selected by the Buyer are indicated in the Buyer’s cart on the Online Store website.

3.5. If either Party to the contract requires additional information, it has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller shall not be responsible for providing quality service to the Buyer when purchasing goods in the online store.

3.6. When placing an order through the Seller’s operator (clause 3.1. of this Offer), the Buyer is obliged to provide the information specified in clauses 3.3 – 3.4. of this Offer.

3.7. The Buyer’s acceptance of the terms of this Offer is carried out by the Buyer entering the relevant data in the registration form on the website of the Online Store or when placing an Order through an operator. After placing an Order through the Operator, the Buyer’s data is entered into the Seller’s database.

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

3.9. By concluding the Agreement, i.e., accepting the terms of this offer (the proposed terms of purchasing the Goods), by placing an Order, the Buyer confirms the following:

a) The Buyer is fully acquainted with and agrees to the terms of this offer;

b) The Buyer gives permission for the collection, processing, and transfer of personal data, and the permission for processing personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. Furthermore, by concluding the Agreement, the Buyer confirms that they have been notified (without additional notification) of the rights established by the Law of Ukraine “On Personal Data Protection,” the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of enabling the fulfillment of the terms of this Agreement, enabling mutual settlements, as well as receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to grant access and transfer the Buyer’s personal data to third parties without any additional notifications to the Buyer for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a personal data subject in accordance with the Law of Ukraine “On Personal Data Protection” is known and understood by the Buyer.

4. Price and Delivery of Goods

4.1 Prices for Goods and services are determined by the Seller independently and are indicated on the Online Store website. All prices for Goods and services on the website are indicated in hryvnias, including VAT.

4.2 Prices for Goods and services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a single unit of Goods, the cost of which has been paid by the Buyer in full, cannot be changed by the Seller unilaterally.

4.3. The cost of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer. The cost of delivery of the Goods shall be paid by the Buyer in accordance with the current rates of delivery services (carriers) directly to the delivery service (carrier) selected by the Buyer.

4.4. The cost of the Goods indicated on the Online Store website does not include the cost of delivery of the Goods to the Buyer’s address.

4.5. The Seller may indicate an approximate cost of delivery of the Goods to the Buyer’s address upon the Buyer’s request to the Seller by sending an email or when placing an order through the online store operator.

4.6. The Buyer’s obligations to pay for the Goods shall be considered fulfilled from the moment the funds are received in the Seller’s account.

4.7. Settlements between the Seller and the Buyer for the Goods shall be made by the methods specified on the Online Store website in the “Payment and Delivery” section.

4.8. Upon receipt of the goods, the Buyer must, in the presence of a representative of the delivery service (carrier), check that the Goods correspond to the quality and quantity characteristics (name of the goods, quantity, completeness, shelf life).

4.9. The Buyer or their representative, when accepting the Goods, confirms by their signature on the sales receipt/or in the order/or on the consignment note for the delivery of goods that they have no claims regarding the quantity of the goods, the external appearance and completeness of the goods.

4.10. The title and risk of accidental loss or damage to the Goods shall pass to the Buyer or their Representative at the moment the Buyer receives the Goods at the place of delivery of the Goods in case of self-delivery of the Goods from the Seller, or when the Seller transfers the goods to the delivery service (carrier) selected by the Buyer.

5. Rights and Obligations of the Parties

5.1. The Seller is obliged to:

5.1.1. Transfer the goods to the Buyer in accordance with the terms of this Contract and the Buyer’s order. 5.1.2. Not disclose any private information about the Buyer and not grant access to this information to third parties, except in cases provided for by law and during the execution of the Buyer’s Order.

5.2. The Seller has the right to:

5.2.1 Unilaterally change the terms of this Contract, as well as the prices for Goods and services, by posting them on the Online Store website. All changes shall take effect from the moment of their publication.

5.3 The Buyer undertakes:

5.3.1 Prior to concluding the Contract, to familiarize themselves with the content of the Contract, the terms of the Contract and the prices offered by the Seller on the Online Store website.

5.3.2 For the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that unambiguously identifies them as the Buyer, and sufficient for delivering the ordered Goods to the Buyer.

6. Return of Goods

6.1. The Buyer has the right to return to the Seller non-food goods of proper quality if the goods did not satisfy them in terms of shape, dimensions, style, color, size or for other reasons cannot be used for their intended purpose. The Buyer has the right to return goods of proper quality within 14 (fourteen) days, excluding the day of purchase. The return of goods of proper quality is carried out if they have not been used and if their commercial appearance, consumer properties, packaging, seals, labels, as well as the settlement document issued to the Buyer for payment of the Goods, have been preserved. The list of goods that are not subject to return on the grounds provided for in this clause shall be approved by the Cabinet of Ministers of Ukraine.

6.2. The return to the Buyer of the cost of goods of proper quality shall be made within 30 (thirty) calendar days from the moment the Seller receives such Goods, subject to compliance with the requirements provided for in clause 6.1. of the Contract, current legislation of Ukraine.

6.3. The cost of the goods is subject to return by bank transfer to the Buyer’s account.

6.4. The return of goods of proper quality to the Seller’s address is carried out at the Buyer’s expense and is not reimbursed by the Seller to the Buyer.

6.5. If defects in the Goods are detected within the established warranty period, the Buyer personally, in the manner and within the timeframes established by the legislation of Ukraine, has the right to present the Seller with the requirements provided for by the Law of Ukraine “On Consumer Protection”. When submitting a request for free elimination of defects, the period for their elimination is counted from the date of receipt of the Goods by the Seller at their disposal and physical access to such Goods.

6.6. The consideration of the requirements provided for by the Law of Ukraine “On Consumer Protection” is carried out by the Seller upon the condition that the Buyer provides the documents stipulated by the current legislation of Ukraine. The Seller is not responsible for defects in the Goods that arose after their transfer to the Buyer due to the Buyer’s violation of the rules for using or storing the Goods, actions of third parties, or force majeure.

6.7. The Buyer has no right to refuse goods of proper quality that have individually determined properties if the specified goods can be used exclusively by the Buyer who purchased them (including non-standard sizes, characteristics, appearance, configuration, etc., at the Buyer’s request). Confirmation that the goods have individually determined properties is the difference in the size of the goods and other characteristics specified in the online store.

6.8. The return of goods, in cases provided for by law and this Agreement, is carried out at the address indicated on the website in the “Contacts” section.

7. Liability

7.1. The Seller is not liable for any damage caused to the Buyer or third parties due to improper installation, use, or storage of the Goods purchased from the Seller.

7.2. The Seller is not liable for improper or untimely fulfillment of Orders and its obligations if the Buyer provides inaccurate or erroneous information.

7.3. The Seller and the Buyer shall be liable for the performance of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer shall be released from liability for complete or partial non-performance of their obligations if such non-performance is a consequence of force majeure circumstances such as war or military actions, earthquake, flood, fire, and other natural disasters that occurred independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that cannot fulfill its obligations shall immediately notify the other Party.

8. Confidentiality and Personal Data Protection

8.1. By providing their personal data on the website of the Online Store during registration or placing an Order, the Buyer voluntarily consents to the Seller’s processing, use (including transfer) of their personal data, as well as performing other actions provided for by the Law of Ukraine “On Personal Data Protection,” without any limitation on the duration of such consent.

8.2. The Seller undertakes not to disclose the information received from the Buyer. The provision of information by the Seller to counterparties and third parties acting under an agreement with the Seller, including for the performance of obligations to the Buyer, as well as in cases where the disclosure of such information is required by the current legislation of Ukraine, shall not be considered a violation.

8.3. The Buyer is responsible for maintaining their personal data in an up-to-date state. The Seller shall not be liable for poor performance or non-performance of its obligations due to outdated or inaccurate information about the Buyer.

9. Other Conditions

9.1. This Agreement is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.

9.2. Any disputes arising between the Buyer and the Seller shall be resolved through negotiations. If the dispute cannot be resolved through negotiations, the Buyer and/or the Seller shall have the right to seek resolution of the dispute in the courts in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to unilaterally amend this Agreement as provided for in clause 5.2.1. of the Agreement. Additionally, amendments to the Agreement may also be made by mutual agreement of the Parties in accordance with the current legislation of Ukraine.

SELLER’S ADDRESS AND DETAILS:

Individual Entrepreneur “Moshenets Zh.I.”
65069, Odesa, 5-ya Suvorovskaya St., bld. 14
Account No. 4246001001156375 at JSC “PRIVATBANK”
MFO 305299
Code 14360570
TIN 143605704021
VAT Reg. No. 100238786
Tel. +38 (050) 316 79 37