PUBLIC OFFER

Preamble

Dear User of the site captainbook.com.ua, we draw your attention to the fact that the use of any kind of the site (including, but not limited to, placing Orders of goods using the site captainbook.com.ua, filling out applications, forms, etc. ) means that you are familiar with and agree to the terms of use of the site captainbook.com.ua, and is also an acceptance of this Public Offer. This Public Offer is binding on the parties. If you disagree with the terms of this Public Offer, you must refrain from using the site captainbook.com.ua.

DEFINITION OF TERMS

Administration – the administration of the Сaptainbook online store located on the captainbook.com.ua website.

Order – a duly executed and placed request of the Buyer (the relevant fields on the website in the “Ordering” section are filled in), addressed to the Seller, with a proposal to sell the list of Goods selected on the website with an indication of its quantity.

User – an individual who has reached the age of 18, with full legal capacity, who uses this site and / or its individual tools, who agreed to the terms of the Public Offer and complied with all its conditions, are described below.

Content is a product that is presented on the captainbook.com.ua website in the form of text files for viewing, downloading and other actions by the User.

Recipient – a person specified by the Payer in the section “Place an order” as a person authorized to receive the goods. Unless otherwise specified in the “Checkout” section, the Recipient is the Payer.

Payer – the person who pays for the Buyer’s order, unless otherwise specified in the “Place an Order” section, the Payer is the Buyer.

Buyer – a registered User\User who places an order and intends to purchase/buy goods offered for sale by the Seller and presented on the website captainbook.com.ua

Content buyer – a buyer who receives the opportunity and downloads the content offered on the captainbook.com.ua website.

Copyright holder – the owner of the Content.

Seller – a legal entity or an individual entrepreneur who posts information on the website with an offer to purchase certain goods. The seller can be both the Administration and any person to whom the Administration has granted the right to post information about the product on the site.

Offer – information about the product posted by the Seller on the website, including information about the product, its price, method of payment and delivery, information about discounts and promotional offers for the product, as well as other conditions for the purchase of the product. The terms of the offers posted on the site are set by the Seller. The offer is information about the possible conditions for the purchase of goods.

Website – a website with an Internet address captainbook.com.ua , on separate pages (in sections) of which there are rules (conditions) for registration, ordering, payment, delivery, return of goods, guarantees, etc., and also containing information about the Buyer (contact details, order, delivery addresses, etc.), with the help of which the User has the opportunity to purchase the desired product.

Goods – a material object offered for sale by the Seller, posted on the website, which indicates the price, name, description, characteristics and indicates the status of its availability.

Agreement – this public offer, including all its conditions and annexes to it.

 

1. General Provisions

1.1. This Agreement governs the user’s access to information posted on the Site, the procedure for using the site, as well as the possibility of transferring goods and other conditions.

1.2. The site is a platform for placing offers for the sale of goods by the Seller.

1.3. This agreement, in accordance with Art. Art. 633, 641 and ch. 63 of the Civil Code of Ukraine is a Public Agreement (offer) and is addressed to an indefinite circle of persons, regardless of status (individual, legal entity, individual entrepreneur), who wish to purchase goods, information about which is contained on the Site. Since this Agreement is a public offer, by accessing the materials of the site, the User\Buyer is considered to have acceded to this Agreement.

1.4. Product information is displayed on the Site and is dynamic. This means that the information can be updated, changed and supplemented by the Administration at any time without prior notice to the user. Certain changes take effect after they are posted on the Site and apply to any order made after they are posted.

1.5. Information about the Seller’s product, the conditions for its purchase, prices and any other information of the Seller is accurately displayed on the Site.

1.6. This Agreement may be entered into by an individual who has reached the age of 18, has full legal capacity, uses this site and / or its individual tools, who has agreed to the terms of the Agreement and fully assumes the obligations arising from the use of the site and the conclusion of this Agreement.

1.7. By ordering goods on the Site, the Buyer agrees to all the terms of this Agreement and its annexes.

1.8. The offer on the Site is not an offer. However, the Buyer, after reading the Offer, has the right to make an offer to the Seller by selecting the goods and filling out the form in the “Ordering” section. Filling out a certain form is considered an offer by the Buyer to the Seller for the purchase of this product on the terms specified in the Offer. An unregistered User has the right to make an offer to the Seller, while he must correctly enter all the necessary data in the “Place an order” form on the Site.

1.9. The offer is considered accepted by the Seller (acceptance) if the latter has performed actions indicating the acceptance of the Buyer’s offer, namely: actually shipped the goods in accordance with the conditions stipulated by the Buyer’s offer or provided access and the ability to download content.

1.10. After receiving the Buyer’s offer, the Seller has the right to offer to purchase the goods on other terms than was provided for by the Buyer’s offer. In this case, such an offer is considered a counter offer and must be accepted by the Buyer. The acceptance of the counter offer is considered to be the actual payment, receipt by the Buyer / Recipient of the goods on the terms determined by the counter offer. The seller has the right to withdraw such a counter offer until the moment of payment and delivery of the goods.

1.11. In the event of an error in the sent acceptance, the Parties have the right to change the conditions only if they inform each other about such error in a timely manner.

1.12. Sufficient evidence of the acceptance of the offer by the Seller or a counter offer (that is, the agreement by the Parties of all essential conditions for the sale of goods) is the actual payment for it, receipt of the goods by the Buyer / Recipient.

1.13. It is not considered acceptance by the Seller of the Buyer’s offer of sending by the Seller/Administration by means of electrical ( sms -informing, e-mail, telephone, etc.) or other communication the message of the Seller/Administration about the receipt of the Buyer’s Order or the timing of its receipt and/or the price of the goods. This message is solely a notice of receipt by the Seller of the Buyer’s offer (but not of acceptance) and contains a reproduction of the terms of the offer provided by the Buyer.

1.14. The owners of intellectual property rights for the distribution of the Content presented on the Site are the Authors. The use of text and photo / video materials of the Site is possible only with the permission of the Administration.

2. Registration on the site and the procedure for placing an Order

2.1. To be able to make a purchase on the site, the User must register on the site. To do this, he must click the “My Account” button and fill out the registration form. The Administrator reserves the right to reject any application for registration and / or terminate someone’s registration on the Site.

2.2. Also, the User can place an Order for goods without the appropriate registration, but at the same time, the required fields in the “Place an order” form must be correctly filled in.

2.3. When registering on the Site, namely filling out the registration form, the User undertakes to indicate the information designated as mandatory in full, and the User is responsible for the accuracy, correctness and truthfulness of both mandatory and other information provided. In case of revealing any inaccuracies, incorrectness or untruthfulness of the information provided by the Registered User, the Site Administration unconditionally reserves the right to cancel the Account of such a registered User at any time without any compensation or reimbursement.

2.4. By entering information into the registration form of the site, as well as placing an Order, the Buyer confirms that he is familiar with the terms of this Agreement, and all actions that he will take will not contradict the terms of this Agreement.

2.5. The order is considered accepted for execution, and the agreement between the Buyer and the Seller is concluded after the Buyer receives an electronic message to the email address from the Seller or by making a phone call by the Seller to the mobile phone number specified during registration by the Buyer, confirming the fact of agreement and acceptance of the Order.

2.6. The Seller has the right to reject the Order in the event of the actual lack of goods in stock by sending an e-mail or making a phone call to the Buyer. In this case, the rights and obligations of the Parties related to the sale, delivery and transfer of the ordered goods to the Buyer and payment to the Seller, provided for by this Agreement, are terminated, and the cost of the goods, in case of payment for it, is returned to the Buyer.

2.7. If it is not possible for the Buyer to confirm the Order by the Seller for reasons of an incorrectly specified e-mail address or/and phone number, the Seller has the right to cancel such an unconfirmed Order.

3. Cost and terms of payment for goods

3.1. The price of the goods is indicated on the Website in the relevant section at the time of placing the Order and does not include the cost of delivery.

3.2. The seller has the right to change the price of the goods unilaterally without notice. However, the Seller has no right to change the price of the ordered goods after the order has been accepted by the Seller, and the Buyer has received an e-mail or phone call confirming the Order, or the Buyer has paid for the goods.

3.3. The cost of the goods is paid in the national currency of Ukraine – the hryvnia.

3.4. The Buyer pays for the ordered Goods: with a Visa or MasterCard bank card on the Site at the time of placing the Order; by transferring funds immediately before receiving the Goods to the bank account of the Seller.

3.5. The User\Buyer understands and agrees that the operator for receiving and making payments for goods presented on the Site is, depending on the circumstances, one of the acquiring companies connected to the Site and chosen independently by the User\Buyer in the process of making payment for product.

3.6. The goods, until the moment of its transfer by the Seller, must be fully paid by the Buyer.

3.7. If the Order is canceled by the Buyer or rejected by the Seller, the paid cost of the Goods is refundable, and the funds already spent on delivery, incurred before the cancellation of the Order by the Buyer, are not refundable.

3.8. Content payment terms

3.8.1. Access to view the Content catalog posted on captainbook.com.ua in the relevant section is free for Site Users, and a fee is charged for access to downloading selected Content files in the formats presented on the site.

3.8.2. Payment for paid Content is made by a Visa or MasterCard bank card on the Site at the time of placing the Order.

3.8.3. If the Buyer pays for providing access to downloading the Content and it is impossible to directly download it for technical or any other reasons by the Buyer (arising on the side and through the fault of the Buyer), the refund of the money paid is not made, and the Content will be considered received properly. A refund of the money paid is possible only if the Seller provided a non-working file (which cannot be reproduced or stored (if it is proved after verification by the Seller) and if the Seller cannot replace such a file. Thus, the Content of proper quality is returned and cannot be exchanged.

3.8.4. The price of the Content may change regardless of whether it was promotional or not. The Seller does not compensate the Buyer for the cost of the purchased Content if, over time, this Content becomes promotional and its value decreases significantly. The Buyer of the Content understands and agrees that after a certain period the price of promotional Content may change, and free promotional Content may become paid and vice versa.

3.8.5. Content prices are subject to change without notice to the Content Buyer. If the price reduction occurs after the Buyer has acquired the Content, the Site Administration is not obliged to make any compensation to such Buyer of the Content.

3.9. In case of cancellation of the Order or the return of the goods, the funds are subject to return to the Buyer.

3.10. When returning the goods, the funds shall be returned to the Buyer only after the receipt of the goods and the processing by the Seller of a properly completed return application.

3.11. Refunds can be made in one of the following ways: to the bank card with which the payment was made by the Buyer; by means of postal transfer.

3.12. The refund period depends on the chosen return method (from a few hours to 3 banking days – when returning to the card, and within 15 banking days when returning by postal order).

4. Order of transfer of goods

4.1. Delivery of goods is carried out throughout the territory of Ukraine, with the exception of the Autonomous Republic of Crimea and the territories of the ATO.

4.2. Delivery of the Goods Order is carried out within 5 (five) calendar days from the date of processing and agreement of the Order by the Seller with the Buyer at the address specified by the Buyer.

4.3. Delivery of an Order for an amount greater than 1000 (one thousand) hryvnia is free of charge*

4.4. Access to download Content is provided to the Buyer immediately after payment for such Content. Thus, from the moment the opportunity to download the Content appears, it is considered that the Seller has provided access to the Content in full.

4.5. The cost of delivery of goods is made according to the tariffs of the Companies that directly deliver the goods. All necessary information regarding the delivery of goods is indicated by the Buyer when placing an Order in the “Ordering” section on the Site.

4.6. The Seller makes every effort to comply with the delivery times indicated on the Site, however, delivery delays are possible as a result of unforeseen circumstances that are beyond the control of the Seller (force majeure circumstances). The Seller informs the Buyer in the event of force majeure and agrees on new delivery conditions by e-mail or by telephone.

4.7. Before shipment by the Buyer of the goods, it is checked and insured for the full value. Upon receipt of the goods, the Buyer undertakes to check the goods for damage and, if any discrepancies are found on the spot, file a claim with the delivery service. The Seller is not responsible for the actions of the Company that ensure the delivery of the goods to the Buyers.

4.8. The Buyer has the right to appoint a third party as the Recipient of the purchased goods. In this case, the Buyer is obliged to indicate in the Order form the data necessary to identify the Recipient and deliver the goods to him. In this case, the relations of the Parties shall be subject to the provisions of Art. 636 of the Civil Code of Ukraine.

4.9. Providing access to download Content

4.9.1. Providing access to download Content is provided only after the full payment for such Content by the Buyer.

4.9.2. The number of downloads of Content files purchased by the Buyer from individual Copyright Holders (direct content owners) may be limited. Information on the limitation of the number of Content downloads may be provided additionally. If the Content Buyer exceeds the allowed number of downloads, access to the purchased Content file will be terminated. If the allowable number of downloads was exceeded due to technical reasons (for example, due to an unstable connection or a software problem on the part of the Content Buyer), the Site Administration reserves the right, but is not obliged, to provide such a Content Buyer with the opportunity to make one additional download.

4.9.3. Content files are provided for download by the Content Buyer in the form in which they were received from the copyright holders. The Seller undertakes to provide access to the Content in one or more of the possible Content file formats of its choice. The Seller is not responsible for the impossibility of downloading a Content file in a certain format, regardless of whether this format was declared in the list available for this work. The Seller is not responsible for the content of the Content.

5. Warranty conditions

5.1. Content is not guaranteed.

6. Return of goods

6.1. Goods of good quality are not subject to return, determined by the Decree of the Cabinet of Ministers of Ukraine “On the implementation of certain provisions of the Law of Ukraine “On Protection of Consumer Rights” dated March 19, 1994 No. 172.

6.2. The Content is not subject to return after its payment on the Site by the Buyer.

6.3. Additional necessary information regarding the return of goods is contained in the relevant sections of the site.

7. Access to the Site

7.1. The Administration makes every possible effort to ensure the proper functioning of the site, but is not responsible for non-fulfillment or improper fulfillment of obligations under this Agreement, as well as for damage caused in connection with this, as a result of, but not limited to: illegal actions of third parties; failures in the operation of the site due to errors in the code, computer viruses and other extraneous code fragments in the software of the Site; lack of Internet connections between the User’s device and the Site server, as well as between the Site server and the Internet; carrying out operational activities by state bodies and other duly authorized organizations that affect the operation of the Site; performing updates to the software of the Site; according to the applicable and effective decision of the authorized state authorities.

7.2. In order to prevent unauthorized automatic scanning of the Site, as well as the use of the site for the purpose of carrying out fraudulent activities and if there is a reasonable suspicion of abuse by the User, the Administration reserves the right to use the site to: block access to the Site; cancel all purchases made through the use of unauthorized access; recover damages caused by the use of unauthorized access to the Site.

7.3. An account on the Site provides for the possibility of its use exclusively by one user of the Site. It is not allowed to transfer account data to third parties. In case of revealing the facts of the transfer of Account data to third parties or the facts of collective use of the Account, the Administration has the right to block this Account, cancel purchases made using such an Account.

8. Responsibility of the Parties

8.1. The Buyer\User of the site agrees and guarantees not to take any actions that may be considered as violating Ukrainian legislation or international law, including in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to disruption of the normal functioning of the Site and its services.

8.2. The Buyer\User is obliged to timely inform the Site Administration about unauthorized access to the Personal Account of the User\Buyer by third parties. To inform the Buyer\User must contact the Support Service at the coordinates indicated on the Site.

8.3. The User does not have the right to transfer the right to use his own Personal Account to third parties. In case of revealing the facts of the transfer of account data to third parties or the facts of collective use of the Personal Account, the Administration has the right to block this Account, cancel purchases made using such an Account.

8.4. The User/Buyer is prohibited from offering or using the information posted on the Site (including the Content) for commercial purposes without the written consent of its authors/Copyright Holders and the Site Administration, as well as in any other way to distribute the received Content, its copies.

8.5. By accepting the terms of the Agreement, the User\Buyer confirms that he has read and agrees with the terms of this Agreement.

8.6. Comments and other entries of the User\Buyer on the Site should not contradict the requirements of the legislation of Ukraine and generally accepted norms of morality and ethics.

8.7. The use of the materials of the Site without the written consent of the Administration is not allowed. In case of coordinated citation of the materials of the site, a link to the Site is required.

8.8. The User/Buyer is responsible for the accuracy of the data specified in the registration form and the Order form. In the event that incorrect, inaccurate and / or incorrect indication of data in the Application has led to additional costs for the Seller associated with the delivery of goods to an incorrectly indicated address or the delivery of goods to an incorrectly indicated Recipient, all related losses and expenses are borne by the User / Buyer. The Seller is entitled to withhold the amount of such losses or expenses from the amounts paid by the Buyer as payment for the goods.

8.9. Responsibility for money transfers made by the Payer lies entirely with the banking institutions and payment systems, the services of which the Payer decides to use. The seller does not take responsibility for their actions.

8.10. The administrator is not responsible for the work of Internet providers, processing centers, payment systems, telecom operators, banking institutions, Visa / MasterCard payment services , as a result of which the necessary information, data was not received or received late, was lost or damaged. Any claims and disputes on making payments and receiving refunds are sent by the Payer to such independently selected company, and if they cannot be resolved amicably, they are resolved in accordance with the provisions of Section 8 of this Agreement.

8.11. The Site Administrator is not responsible for the performance of the equipment on which the Site is located, the availability of the Site, the operation of data transmission channels and other technical means for Users to access the Site.

8.12. The responsibility of the Administrator cannot exceed the cost of the purchased goods on the Site and does not include any lost profits, indirect losses, damage caused to third parties.

8.13. The Seller is not responsible for the actions of companies that ensure the delivery of goods to the Recipient / Buyer, including for the delivery time, as well as for maintaining the integrity of the goods during transportation by delivery services.

8.14. The responsibility of the Seller in case of changing the terms of the offer for sale and the sale of the goods is limited by the right of the User\Recipient\Buyer to refuse to purchase the goods and demand a refund of the money paid for it.

9. Dispute resolution and applicable law

9.1. This Agreement is made in accordance with the legislation of Ukraine. The User\Buyer, located outside this jurisdiction, fully agrees to subordinate the legal relations arising during any use of the Site to the legislation of Ukraine, and these conditions apply to him to the maximum extent permitted by his jurisdiction without applying any conflict of laws rules.

9.2. The Parties confirm that if any term of this agreement becomes or is declared invalid due to non-compliance with the law, this condition will not be taken into account or the Parties will take measures to amend the agreement to the extent that the agreement is made valid and kept in full scope of intention of the Parties.

9.3. The User\Buyer acknowledges and agrees that the resolution of all possible disputes that arose from the relationship between the Parties and which the Parties could not resolve through negotiations for at least 30 days, shall be resolved in accordance with the current legislation of Ukraine.

9.4. Any claims and disputes about providing access to downloading Content Buyer\User sends to the Administration, and if it is impossible to resolve them peacefully, they are resolved in accordance with the legislation of Ukraine.

10. Use of the User’s personal data

10.1. The information specified by the User in the registration form (full name, mobile phone number, e – mail , postal address, etc.) is his personal data. The user’s personal data is confidential information, the collection and subsequent processing of personal data is carried out by the Administration in accordance with the Law of Ukraine “On the Protection of Personal Data” and other regulatory legal acts of Ukraine. The source of personal data collection is information directly and voluntarily provided by the User.

10.2. By agreeing to this Agreement, the User voluntarily provides the Administration with the personal data indicated in the registration form for registration in the information system as a User, as well as in order to support long-term cooperation with the Site Administration. The User also agrees to the use of his personal data for processing Orders for the purchase of goods, receiving advertising and special offers, information about promotions, drawings, and other information about the activities of the Administration.

10.3. The User grants the Administration the right to process his personal data, including: write personal data to the Administration’s databases (without additional notice to the User about this), store data for life, accumulate, update, change (if necessary).

10.4. In case of changes in their personal data, the User must provide the Administration with updated information by calling the Administration Support Service or by making changes to the appropriate section of the User’s account on the Site. If the User fails to comply with this requirement, the Administration is not responsible for the adverse consequences associated with the use of outdated data.

10.5. The User\Buyer, immediately after registration or at any other time, may establish a ban (restriction) on the use of his personal data. To do this, the User must contact the Support Service at the phone number indicated on the Site, with the appropriate notification. The user is also granted other rights provided for in Article 8 of the Law of Ukraine “On the Protection of Personal Data”.

10.6. The Administration does not accept the registration data of the User in case of their incorrect filling.

10.7. For the purposes provided for in clause 10.2. of the Agreement, the User grants the Administration the right to send him any information of a commercial and / or informational nature, as well as information about other consumer offers by mail, e-mail, telephone, SMS, viber messages, make calls to the mobile phone number specified in the registration form of the Account .

10.8. The user data specified in the registration data is confidential. Only authorized persons of the Administration and the User himself have access to the data, and this data can be provided at the request of law enforcement and / or other authorities in accordance with applicable law.

10.9. The User is responsible for the inaccuracy of the data in the Account.

11. Other terms

11.1. All rules and conditions for the implementation / performance of individual actions / operations posted in the relevant sections of the site are integral parts (as Annexes) of this Agreement, which determine the obligations for both parties. If the conditions fixed in the text of this Agreement and the conditions specified in its annexes (sections of the site) differ, the Parties shall be guided by the conditions specified in the annexes. The sale of goods by the Seller to the Buyer is governed by this Agreement, as well as the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Protection of Consumer Rights”, the Rules for the Sale of Goods to Order and Outside Trade or Office Premises and other legislative acts insofar as it does not contradict the specifics of electronic commerce .

11.2. By placing an order, the Buyer confirms that: – he is familiar with and agrees with all the conditions set forth in this Public Offer, and unconditionally accepts them; – all actions that they will carry out will not contradict the terms of this Agreement.

11.3. The Administration has the right to make changes to the text of this Agreement and / or annexes without prior notice. Changes to the Public Offer come into force after their publication and apply to any Order made after their publication.

11.4. The User undertakes to carefully read this Agreement. In case of disagreement with its terms, the User undertakes to immediately stop using the Site

11.5. The Seller and the Buyer communicate through the use of email, telephone (SMS, etc. ), applications, announcements and/or messages. The Buyer agrees that all messages, files and other information provided electronically are legally binding and equal to documents drawn up in writing.

11.6. By registering on the Site, the Buyer agrees to receive updated information, newsletters with the latest news, new arrivals, special offers and sales announcements through any means of communication, including electronic messages (e – mail ), SMS messages, etc.

11.7. If the Buyer wishes to unsubscribe from mailing messages regarding this Agreement\Site, he must contact the Support Service by calling or sending an e-mail to the e-mail address indicated on the Site, asking him to unsubscribe from the mailing list. The request will be fulfilled within a day from the moment of its receipt.

11.8. The administration reserves the right to block the Buyer (deprive him of the opportunity to order and buy goods), apply to law enforcement agencies with appropriate statements and transfer the data of such a Buyer to them if any actions of the Buyer, in the opinion of the Seller, bear signs of fraud and may damage the interests other Users\Buyers or third parties.

11.9. Recognition by the court of any provision of the Agreement as invalid does not entail the invalidity of other provisions of the Agreement.

Website Terms of Use

By using the Site, you confirm that you have read, understood and agree to be bound by this user agreement (hereinafter referred to as the Rules). The site administration (hereinafter referred to as the Administration) reserves the right, at its sole discretion, to change and (or) supplement these Rules at any time without prior and (or) subsequent notice. The administration will publish changes to the Rules on this page.

Your continued use of the Site following any such changes constitutes your acceptance of such changes and/or additions. If you do not agree to be bound by these Rules, do not use and exit the Site. It remains your sole responsibility to regularly review this page to familiarize yourself with the current version of the Rules.

1. Registration on the Site

By registering on the Site, you agree to provide true and accurate information about yourself and your contact details. As a result of registration, you will receive a username and password for the security of which you are responsible. You are also responsible for all activities under your username and password on the site.

2. Copyright and use of materials from the Site

The Site and the materials posted on the Site are protected by intellectual property rights, including copyright, the right to use trade names and trademarks, and are owned or used by the online book store “Captainbook” under a license or with the consent of the owner of such rights. Materials that are protected by intellectual property rights include, but are not limited to, the design, layout, appearance, look, graphics, photographs, images, articles, stories and other materials that are available on the Site (hereinafter referred to as the “Site Materials”).

Site materials can be reproduced, distributed, published or otherwise presented to the general public only with the written consent of the online book store “Captainbook”.

3. Final provisions

3.1. These Rules constitute an agreement between you and the Administration regarding the procedure for using the Site and its services and replace all previous agreements between you and the Administration.

3.2. This Agreement is governed by and construed in accordance with the laws of Ukraine. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of Ukraine.

3.3. Violation of the rules will be regarded as a violation of legally protected intellectual property rights and the right to information.