This document is an official offer (public Offer).) An online store C4IP.RU, hereinafter referred to as the "Seller", to an unlimited number of individuals and legal entities that have agreed to the terms of this Public Offer, hereinafter referred to as the"Buyer".
In accordance with article 437 of the Civil Code of the Russian Federation (hereinafter - CC RF) this document is a public offer and in case of acceptance stated below conditions the natural or legal person conducting the acceptance of this offer, shall pay for and accept delivery of Seller's Goods in accordance with the conditions, procedure and terms stipulated in this Offer.
In this regard, the Buyer is recommended to carefully read the text of this Offer (including edits made over time) posted on the Website https://c4ip.ru/ (hereinafter referred to as the Site), and in case of disagreement, the Buyer is invited to refuse to purchase the Goods offered by the Seller.
The Seller reserves the right to change the terms of this Offer by posting an updated version of the document on the Website. The effective date of the amendments to this Offer is the date of their publication on the Website.
This Offer Agreement does not require a bilateral signature, is considered concluded from the moment of its acceptance by the Buyer and is valid in electronic form.
1. TERMS AND DEFINITIONS
1.1. For the purposes of this Offer, the following terms and definitions are used in the following meaning:
1.1.1. Website — a website located on the Internet at https://c4ip.ru/ and is a set of software and hardware and information intended for publication on the Internet, reflected for Buyers. The site is available to all Internet Buyers.
1.1.2. Online Store - С4IP.RU, located on the Internet at: https://c4ip.ru/, through which the Seller sells the Goods remotely.
1.1.3. The Seller is the Administration of the Online Store С4IP.RU, which is a payer of professional income tax, administers the Site and sells the Product.
1.1.4. Buyer – any natural or legal person who has access to the Site via the Internet, accepts the terms of this Offer and uses the Site to place an Order in the Online Store;
1.1.5. Order – the Buyer's request for the purchase and delivery to the e-mail address specified by the Buyer of the Goods selected in the Online Store, issued in accordance with the procedure specified in this Offer.
1.1.6. Product — software for vehicles (firmware for the chip-tuning), is presented for sale in the online store under "Catalog".
1.1.7. Offer – the public offer of the Seller, addressed to any natural or legal person, to conclude with it the contract of purchase and sale (hereinafter - the Contract) on the existing conditions contained in the Agreement, including all appendices thereto.
1.1.8. Offer agreement - an agreement between the Seller and the Buyer, which is concluded by accepting the offer.
1.1.9. Acceptance —the implementation of all of the following actions in the aggregate:
* familiarization of the Buyer with the terms of the Offer;
• The Buyer's choice of the Product;
* making an order for the Product by the Buyer.
• payment for the Product.
The fact of payment for the Goods by the Buyer is an unconditional fact of acceptance by the Buyer of the terms of the Offer. The buyer who purchased the goods in the Seller's Online store (who placed an order for the goods and paid for the Order) is considered as a person who entered into relations with the seller under the terms of this Agreement.
1.1.10. Content and materials — any intellectual property objects of the Seller posted on the Site or contained in the newsletter in the form of texts, images, drawings, photographs, graphics, videos, programs, sounds, Customer interfaces, logos, trademarks, computer codes that are the content of the Site, and/or posted on the Site, with the consent of the Seller, as well as a set of information materials sent to Buyers by email.
1.1.11. Software (software) — a browser (Internet Explorer, FireFox, Google Chrome and similar) for accessing information resources located on the Internet, other programs for transmitting, storing, processing the information provided. The buyer undertakes to independently ensure the availability of the Software on his personal computer.
1.1.12. Personal data of the Buyer — first and last name, e-mail address, telephone number, any information related to the directly or indirectly identified, or a certain person, allowing to determine the subject of personal data. The required information is marked in a special way. Other information is provided by the Buyer at its discretion.
1.1.13. Personal data processing — any action (operation) or a set of actions (operations) performed with or without the use of automation tools with personal data, including the collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
1.2. If this Offer uses terms that are not specified in clause 1.1, they are subject to use and interpretation in accordance with the current legislation and business practices that have developed on the Internet.
2. SUBJECT OF THE OFFER
2.1 The Seller undertakes to transfer the Goods to the Buyer's ownership in accordance with the current price list published in the Seller's online store on the Website, which defines the name, assortment, quantity and price of the goods, and the Buyer makes payment and accepts the Goods in accordance with the terms of this Agreement.
2.2 The Buyer can get acquainted with the full information about the Product on the Website.
2.3 Booking of goods by e-mail or by phone is not allowed.
2.4 From the moment of performing the actions specified in clause 1.1.11 of this Offer, this Agreement is considered to be concluded between the Buyer and the Seller (clause 3 of Article 438 of the Civil Code of the Russian Federation).
2.5 Acceptance assumes that the Buyer is familiar with the terms and conditions, the procedure for providing and paying for the Goods, and that the sale of the Goods is carried out remotely using the software to the Seller and fully corresponds to the Buyer's ability to purchase the Goods sold in this way.
2.6 The Seller reserves the right to change the terms of the Offer and, accordingly, this Agreement unilaterally without prior agreement with the Buyer. Therefore, the Seller recommends that the Buyer regularly check the terms of this Agreement for changes and / or additions. The current version is permanently posted on the Website.
2.7 The Buyer agrees that the introduction of changes and additions to this Offer entails the introduction of changes and additions to the Agreement already concluded by Acceptance, and valid between the Seller and the Buyer, and they enter into force simultaneously with such changes in this Agreement.
3. THE PRICE OF THE GOODS
3.1. The price of the Product is indicated on the Website and is determined in rubles of the Russian Federation, including value added tax.
3.2. The Buyer pays for the Goods by 100% (One hundred) percent prepayment to the Seller's current account with a bank card (Visa, MasterCard, Maestro, MIR payment systems) of his choice in one of the following ways:
• by the payment service Yu. money
• by using the Unitpay payment service;
3.3. The payment date is the date when the funds are credited to the Seller's current account
3.4. The Seller has the right to unilaterally change the price of the Goods at any time. The specified changes are published on the Website. The Buyer unconditionally agrees that the Seller is not obliged to inform the Buyer of every change in the price of a particular Product.
3.5. The Buyer has the right to confirm or cancel the Order for the purchase of Goods if the price is changed by the Seller after placing the Order.
3.6. The seller has the right to conduct promotions for the sale of goods at special prices (with discounts).
4. RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES
4.1. Obligations of the Seller:
4.1.1. Transfer the Goods of proper quality to the Buyer within the prescribed period.
4.1.2. In the event of circumstances preventing the execution of the order, immediately notify the Buyer of this for further coordination of subsequent actions.
4.1.3. Transfer the goods free from any rights and claims of third parties, which the Seller knew or could not have been unaware of at the time of conclusion of the contract.
4.1.4. Ensure the operation of the Site around the clock 7 days a week, including weekends and holidays (the Site must be available at least 90% of the time per month), except for the cases specified in this Offer.
4.1.5. Not to disclose the Buyer's Personal Data and not to provide access to this information to third parties, except in cases expressly provided for by Law. Backup of the Buyer's data in order to prevent the loss of information is not a violation of the confidentiality of the Buyer's information
4.1.6. Make all reasonable efforts to ensure the stable operation of the Site, its gradual improvement, correction of errors in the operation of the Site, however, the Site is provided for use on an "as is"basis. This means that the Seller:
• does not guarantee the absence of errors in the operation of the Site;
• is not responsible for the smooth operation of the Site and its compatibility with the software and technical means of the Buyer and other persons;
• is not responsible for the loss of data or for causing any damages that have arisen or may arise in connection with the use of the Site;
• is not responsible for non-performance or improper performance of its obligations as a result of failures in telecommunications and energy networks, malicious programs, as well as unfair actions of third parties aimed at unauthorized access and (or) disabling the software and (or) hardware complex of the Site.
4.2. Rights of the Seller:
4.2.1. Change the terms of the Order;
4.2.2. Demand timely and full payment of the Goods by the Buyer;
4.2.3. To use technical means (photo and video shooting) when fulfilling the terms of the Offer and use the received materials as documentary evidence.
4.2.4. At any time, deny access to the Site to the Buyer who has committed violations of the terms of this Offer without explaining the reasons.
4.2.6. Suspend the operation of the Site for the necessary scheduled maintenance and repair work on the technical resources of the Site, as well as unscheduled work in emergency situations.
4.2.7. Interrupt the operation of the Site if this is, in particular, due to the inability to use information and transport channels that are not the Seller's own resources, or the action and / or inaction of third parties, if this directly affects the operation of the Site, including in case of an emergency. At the same time, the Seller does not bear any responsibility to the Buyer and does not compensate him for any losses and / or lost profits, including: incurred by the Buyer and / or third parties due to the disclosure, loss or theft of Personal Data by the Buyer, as well as arising or may arise from the Buyer in connection with delays, interruptions in operation and the inability to fully use the resources of the Site, arising from the above reasons.
4.2.8. From the moment of termination or termination of the Offer, the Seller has the right to delete all the Buyer's data without the possibility of recovery and is released from any obligations related to the Buyer's Authentication Data.
4.2.9. Edit and publish any information on the site,
4.2.10. Block, move, and delete without warning: messages and other materials of the Buyer containing information, the distribution of which violates the norms of the current legislation of the Russian Federation; messages and other materials of the Buyer containing illegally used results of intellectual activity and means of individualization;
4.2.11. Send messages to Customers (including e-mail messages), which are notifications about the introduction of new or cancellation of old services of the Site, notifications containing advertising information.
4.2.12. Show the Buyer advertising materials on the Site.
4.3. Obligations of the Buyer:
4.3.1. Carefully read the contents of this Offer and comply with its terms.
4.3.2. Pay for the Goods in the amount and within the terms specified in this Agreement.
4.3.3. To use the Site only for lawful purposes and lawful means subject to the legislation of the Russian Federation and international norms.
4.3.4. To provide personal data to Order, while agreeing that all information Buyer provides in the Order is accurate, true, current and complete. Keep the specified information up-to-date. Consent to the processing of personal data.
4.3.5. Not to decompile, disassemble, modify in any way the code of the Site elements and / or necessary for the functioning of the Site and otherwise interfere with the operation of the Site in order to disrupt its normal functioning
4.3.6. Not to use the Site and the materials posted on the Site outside the powers granted by this Offer or outside the scope of the functionality for which it is intended.
4.4. Buyer's Rights:
4.4.1. Demand delivery of the Goods on time;
4.4.2. Stop using the Site at any time;
4.4.3. At any time, contact the Seller to clarify the situation and take the necessary measures in the event of technical problems in the operation of the Site, as well as in the event that the Buyer receives messages that are unauthorized advertising mailings, or contain threats or files with a suspected virus, as well as if the Buyer discovers facts that give grounds to believe that his access to the Site was used by someone unauthorized.
5. MAKING AN ORDER
5.1. In order to purchase the Product, the Buyer must perform the following actions::
• get acquainted with the information on the Product, select the Product;
* Place the product in the "Shopping Cart" section on the Site, specify its quantity;
* Click the "Confirm Order" button on the Website
* Pay for the product by specifying the delivery method provided by the Seller;
5.2. The name, quantity, and price of the Product selected by the Buyer are indicated in the Buyer's shopping cart in the Online Store.
5.3. If the Seller needs additional information, he has the right to request it from the Buyer. If the Buyer does not provide the necessary information, the Seller is not responsible for the Product selected by the Buyer.
5.4. After receiving payment for the Goods, the Seller is obliged to send the Goods in the form of an archive/file/download link to the Buyer to the e-mail address specified by him during registration within 48 hours from the date of payment.
6. WARRANTY AND REFUND
6.1. The return and exchange of the Product is not made, since the Product is software. The software of proper quality is not subject to return and exchange, as it belongs to the "List of non-food products that are not subject to return or exchange" in accordance with Article 25 of the Law "On Consumer Protection".
6.2. Personal license-refundable and cannot be exchanged for according to the Decree of the RF Government "On approval of Rules of sale of goods remote way": the buyer is not entitled to refuse the goods of good quality, having individually defined properties, unless specified goods may be used solely for buying a consumer.
7. LIABILITY OF THE PARTIES
7.1. For non-fulfillment of the conditions provided for by this Offer of the Party, the Parties are responsible in accordance with the norms of the legislation in force on the territory of the Russian Federation.
7.2. In case of violation of terms of transfer of goods for more than 10 working days, the Seller shall pay the Buyer a penalty of 0.1% of the contract amount for each day of delay until the fulfillment of the obligation, but not more than 10% of the Order value.
7.3. Payment of interest, fines, penalties, etc. does not release the Parties from fulfilling the conditions concluded in this Agreement.
7.4. The Seller is not responsible for the non-compliance of the provided Goods with the unreasonable expectations of the Buyer and their subjective assessment.
7.5. The Seller is not responsible for the improper use of the Goods by the Buyer.
7.6. The Seller is not responsible in case of incorrect choice of the characteristics or modification of the Goods by the Buyer.
7.7. The Seller is not responsible for the proper functioning of the Site if the Buyer does not have the necessary technical means for their use, and also does not bear any obligations to provide Buyers with such means.
7.8. The Seller is not responsible for possible failures and interruptions in the operation of the Site and the loss of information caused by them. The Seller is not responsible for any damage to the Buyer's computer, mobile devices, any other equipment or software caused by or related to the use of the Site or sites accessible through hyperlinks posted on the Site.
7.9. The Seller guarantees the use of the e-mail address specified by the Buyer for communication between the Seller and the Buyer, sending notifications, messages, and other information to the Buyer with the consent of the Buyer, unless otherwise provided by the Agreement or the current legislation of the Russian Federation.
7.10. The Buyer is fully responsible for the actions and / or omissions that led to the disclosure, loss, theft, etc.of his Personal Data, as well as for any actions and/or omissions of third parties using the Buyer's personal data. The Seller is not responsible for the above actions of the Buyer and / or third parties using his personal data.
8. Use of personal data
8.1 Within the framework of this Offer, the Buyer gives his consent to the processing of his personal data by the Sellers in accordance with paragraph 1 of Article 9 of the Federal Law "On Personal Data", namely, to perform, among other things, the following actions: collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, provision of personal data (including to the Seller, Transport organization, credit organizations, payment systems, electronic money operators, third parties – to the Seller's partners), transfer (including through distribution, access), depersonalization, blocking, deletion and destruction.
8.2 The Seller processes personal data for the purpose of concluding and executing the purchase and sale agreement by the Seller in accordance with the procedure provided for by the current regulatory legal acts of the Russian Federation.
8.3 The personal data allowed for processing is provided by the Buyer by filling out the forms on the Website:
• when placing an Order.
• when making a payment.
8.4 Personal data includes the following information:
• last name, first name, patronymic;
• phone number,
• e-mail address
* the content of the correspondence between the Buyer and the Seller;
• information about the Buyer's visits to the Site;
• the responses of the Buyer in any surveys or questionnaires;
• information that the Seller may request from the Buyer when responding to his request;
• any other information related to a directly or indirectly identified person or a specific person that allows you to identify the subject of personal data.
8.5 The Seller may use the Buyer's personal data for the following purposes:
* Identification of the Buyer registered on the Site for further authorization.
* Providing the Buyer with access to the Website and to the Product catalog.
* Processing and receiving payments, challenging payments.
* Establishing feedback with the Buyer, including sending notifications, requests regarding the use of the Site, processing requests and requests from the Buyer.
* Confirmation of the accuracy and completeness of the personal data provided by the Buyer.
* Providing the Buyer with effective technical support in case of problems related to the use of the Site.
* Providing the Buyer with their consent with special offers, newsletters and other information on behalf of the Site.
* Targeting of advertising materials in order to provide the most relevant ads about products and services;
8.6 The Buyer can always refuse to receive information messages by sending the Seller a letter to the e-mail address email@example.com marked "Opt-out of notifications of new products and services and special offers".
8.7 Depersonalized Customer data collected through Internet statistics services is used to collect information about the actions of Customers on the Site, improve the quality of the Site and its content.
8.8 The Buyer's Personal Data may be transferred to strictly defined third parties to the extent necessary for the performance of the Purchase and Sale Agreement, namely in the following cases:
• if it is necessary to involve a third-party service provider to fulfill any contract concluded between the Buyer and the Seller in order to improve or expand the services of the Site;
* partial placement of Content on the websites of the Seller's business partners via the API or widgets;
• when the Seller sells or purchases any business or assets, when the Seller may disclose personal data to the future seller or buyer of the specified business or assets, in accordance with applicable law, as well as when the Site or all or part of its assets are acquired by a third party, when the personal data of its Buyers available to the Site will be one of the;
8.9 The Seller has the right to disclose any information collected about the Buyer, if disclosure is necessary in connection with an investigation or complaint regarding the misuse of the Site or to establish (identify) A Buyer who may violate or interfere with the rights of the Seller or with the rights of other Buyers.
8.10 The Seller has the right to disclose any information about the Buyer that it deems necessary to comply with the provisions of current legislation or court decisions, to ensure compliance with the terms of this Policy, to protect the rights or safety of the name of the organization, the Buyers.
8.11 In case of loss or disclosure of personal data, the Seller has the right not to inform the Buyer about the loss or disclosure of personal data.
8.12 The Seller takes the necessary organizational and technical measures to protect the Buyer's personal information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties.
8.13 The Seller, together with the Buyer, takes all necessary measures to prevent losses or other negative consequences caused by the loss or disclosure of the Buyer's personal data.
9. OTHER PROVISIONS
9.1. Questions and complaints can be sent to the Seller by e-mail firstname.lastname@example.org
9.2. This Agreement is a complete agreement between the Seller and the Buyer. The Seller does not assume any conditions or obligations other than those specified in this Agreement, except in cases where such conditions or obligations are fixed in writing and signed by authorized representatives of the Seller and the Buyer