Public Offer Agreement
Effective date: October 20, 2022
1. GENERAL PROVISIONS
1.1. This is a Public Offer Agreement of the sole proprietor Serghei Tcaci (hereinafter the Provider) in accordance with Art. 633, 641, 655, 901 of the Civil Code of Ukraine to enter into an Public Agreement for the purchase and sale of Products and (or) the provision of Services to an unlimited number of legally competent persons remotely via the Internet.
1.2. For this purpose, sole proprietor Serghei Tcaci places the Public Offer Agreement at https://letme.shop/public-offer-agreement
1.3. The relationship between the parties are established in accordance with the legislation of Ukraine. In the event of a discrepancy between the provisions of this Agreement and the law, the parties qualify their actions based on the provisions of the legislation of Ukraine.
1.4. Acceptance of this Public Offer by the Client means his full and unconditional fulfillment of all its terms without any conditions and/or restrictions.
1.5. Remote acceptance of the Offer is equivalent to the conclusion of a bilateral written contract by the parties in accordance with Part 2 of Article 642 of the Civil Code.
1.6. The parties express their consent to the electronic document flow.
1.7. The proposal to conclude the Agreement is considered fully and unconditionally accepted (accepted) by the Customer from the moment of sending the order on the website, which was duly executed through the order form and contains the following significant data:
Name and Surname of the Client
Website order number
The name of the Products and (or) services with an indication of the price of each individual item in the order
The total amount of the order
The domain of the site where the purchased software will be used.
2. DEFINITION OF TERMS AND CONCEPTS
2.1. In this offer, unless the context requires otherwise, the following terms have the following meanings:
"Addition", "Extension", "Module" are synonymous words denoting software for expanding the OpenCart system functionality.
"Product" means installation files of the Extension + activation code for it + non-exclusive right to use it on one domain.
"License code", "Activation code", "Key" means a special code that is used to activate the supplied software.
"Provision for use" means that the Extension is provided to the Customer for use without payment only for the duration of the Subscription. In case of transferring the site to another server, it is necessary to either purchase the Extension or stop using it.
The "Service" in this Offer means the next operations:
Installation of Modules by the Provider;
Elimination of errors on the Customer's website and (or) conflicts with other extensions provided by Third-Parties that are not part of the OpenCart system;
Provision of technical support;
Other actions related to the adjustment of the Customer's website.
"Subscription" means a predetermined set of Services and (or) Products of the Provider, listed in the commercial offer on the page https://letme.shop/pricing. The subscription is provided to the Customer for a certain fee for a certain period in accordance with the terms of the corresponding tariff chosen by the Client on the Website.
"Subscription auto-renewal" means a service of automatic renewal of the Subscription on the terms of the previous Subscription paid by the Customer.
"Provider", "Performer", "Seller" means sole proprietor Serghei Tcaci, who sells Products/Services, presented on the website https://letme.shop/.
"Buyer", "Customer", "Receiver", "Client", "User" means a natural or legal person who has accepted the terms of this Offer.
"Client representative" means an authorized third party who accepts this agreement and (or) performs actions with the account and the site on behalf of the end customer.
"Order" means the selection by the Customer (or his representative) of individual items from the list of Products/services offered by the Provider and request to receive them using the https://letme.shop/ website.
"Payment System" means a financial intermediary, in accordance with the Law of Ukraine "On Payment Systems and Funds Transfer in Ukraine", which participates in settlements between the Provider and the Customer.
"Platform", "Website", "Web Service" means the Provider's website https://letme.shop/, created to promote its Products and Services on the Internet and inform the Customers about the offered Products/services remotely via the Internet.
"Account", "User Profile" means a set of data about a user stored in a computer system, necessary for his recognition and access to his personal data and settings.
3. SUBJECT MATTER OF THE PUBLIC OFFER
3.1. The Provider undertakes, in accordance with the Buyer's order, to sell the Products / provide the Service (including services by Subscription), and the Buyer undertakes to pay for the Products sold / Services provided / Subscriptions.
3.2. This Public Offer Agreement regulates the offer of Products / Services / Subscriptions through the website, including:
voluntary choice by the Buyer of Products / Services / Subscriptions on the website;
self-placement of the order by the Buyer through the website;
payment by the Buyer of the order placed through the website;
processing and fulfillment of the Buyer's order on the terms of this Offer.
4. PRICE OF PRODUCTS / SERVICES / SUBSCRIPTIONS
4.1 The price for each item of the Products / Services / Subscription is indicated on the website.
4.1.1 The price list for products — https://letme.shop/extensions.
4.1.2 The price list for services provided separately outside the Subscription is available at https://letme.shop/service
4.1.3 Subscription variants are available on the page - https://letme.shop/pricing
4.2 Each separate item in the Order is subject to payment.
4.3. The Provider has the right to unilaterally change the price for any item of the Products/Services/Subscriptions.
4.4. In case of change of the price for the Products/service/subscriptions, the Provider undertakes to inform the Customer about it by updating the information in the description of the product/services/subscription on the website.
4.5. If the Customer does not accept the new prices, he has the right to terminate the subscription for a new billing period.
4.6. The Customer's obligations to pay for the products/services/subscription shall be considered fulfilled from the moment of receipt of funds by the Provider.
4.7. Settlements between the Provider and the Customer for the Products and (or) Services shall be made by the methods specified on the website in the section "Payment" at https://letme.shop/payment).
4.8. The Provider warns the Customers, and the Customers understand and agree that the Payment System may charge any kind of commissions and fees, including commissions of mobile operators (if any), in addition to the cost of services. Information about such commissions and fees (if any) the Customer can independently find out from the Payment System. Commissions and fees shall not be refunded or reimbursed by the Provider. The User who has used the services of the Payment System shall be deemed to have been warned and agreed to their terms and conditions.
5. ORDERING PROCEDURE
5.1. The customer himself places an order on the website through the order form.
5.2. Subscription is valid on the terms of 100% prepayment through Payment systems and/or web interfaces of financial institutions, which are available on the relevant page of the Website.
5.3. When placing an Order on the website, the Buyer (or his representative) undertakes to provide the following information:
Name and Surname of the Buyer or of the person indicated by him (Receiver);
the domain address where the Product should be activated;
5.4.The Customer is responsible for the accuracy of the information provided when placing the Order.
6. AUTO-RENEWAL OF SUBSCRIPTION
6.1. Users who have chosen any Subscription option described in the relevant section of the Website agree to the services of automatic regular renewal of the Subscription for a new term (Auto-Renewal). After activation of this service, the payment for the new Subscription term shall be made by automatic debiting of funds from the User's account without acceptance. The Subscription auto-renewal service is provided until the User notifies of its cancellation in the User's Profile by filling out the corresponding form.
6.2 This service is considered canceled from the next payment period, provided that the User has notified the Provider of such intention in the Profile no later than 24 hours before the end of the paid Subscription period.
6.3. The "Subscription" service is activated upon the first or next payment of the corresponding "Subscription" cost, which means that the User agrees that after the expiration of the paid "Subscription" term, the Agreement is automatically prolonged on the same terms, for the same period with automatic debiting of the "Subscription" cost from the User's bank card.
6.4. In case of insufficient funds on the User's bank card or impossibility to make a payment, the Subscription for a new term is not provided, and the auto-renewal service is disabled until the funds are available or the User replaces the payment details in his Profile on the Website.
6.5. If the Provider changes the cost of the Subscription, the Auto-renewal for the next new term following the period during which such change took place will be carried out at the updated cost, in accordance with the new prices published on the website in the relevant section.
7. TERMS OF DELIVERY
7.1 Delivery of the Goods means enabling the Customer to use the purchased extension on the domain stated in the order.
7.2 When purchasing Extensions on the website, access to the purchased files and Activation Code is sent to the Customer's email automatically right after the purchase, and in case of technical failures, manually within 1 working day from the moment of payment. Also the right to use the purchased modules on one domain on any server according to the License is provided.
7.3 In the Subscription plan there may be listed extensions that will be available for use only for the duration of the Subscription. For these, delivery to disk space of the Platform without the right to use on any other server is implied.
7.4 In the case of services provided outside the Subscription plan, delivery is subject to agreement between the parties. Payment of the invoice by the Customer shall be equated with the Customer's confirmation that the performance of the service has been completed and that the Customer has no claims.
8. TERMS OF REFUND
8.1. According to the Resolution of the Cabinet of Ministers of Ukraine No. 172 "On Implementation of Certain Provisions of the Law of Ukraine "On Protection of Consumer Rights" dated March 19, 1994, the list of goods of good quality that cannot be exchanged (returned) was approved.
The goods that are not subject to exchange or return include:
"27. Audio, video cassettes, disks for laser reading systems with recording".
Software is equal to discs with recording.
In addition, in accordance with Article 9 of the Law of Ukraine "On Consumer Protection", goods of good quality are subject to exchange within 14 days if the goods have not been used. Due to the specifics of the activation of digital goods and the impossibility of revoking the license key, after activation the module is considered used, which makes it impossible to exchange or return the goods of good quality due to changes in personal preferences of the Buyer.
To assess the compliance of the product with personal preferences, you can familiarize yourself with the product demo or request a key for the local version of the domain (format sitename.loc) or the demo version of the site (format demo.sitename.com).
8.2. In accordance with Art. 4 of the Law "On Consumer Rights Protection", consumers have the right to goods of proper quality.
In case of objective and reliable confirmation that the sold Goods do not work with the Technical Specifications stated in its description on the website https://letme.shop/, as well as if its operation does not correspond to the description, the Provider guarantees to eliminate errors within up to 3 working days after receiving a message about the error and all the data necessary for its elimination (screenshots, links to pages with the error, access to the site administration and FTP). In case the error is not corrected within this time, the company undertakes to make a refund within the next 7 days.
8.3. When returning money, the Seller sends only the amount that he actually received after deducting the commission of the payment system. Also, if it is necessary to pay a new commission for the transfer, the amount of this commission is also deducted from the final amount of the refunded funds.
8.3. The money back warranty for goods of inadequate quality is valid for 30 days from the date of purchase. In the absence of a request from the Buyer during this period to correct the error or return, this is equal to confirmation by the client of the fact of acceptance of the Goods of proper quality.
8.4. If the Customer used the product installation service, but subsequently used the refund, only the cost of the purchased extension is subject to refund. The money-back warranty does not apply to the services provided for the installation, configuration, adaptation or elimination of conflicts with third-party modules, due to the fact that the working time has already been spent for their provision, they are considered to be provided properly and, accordingly, are subject to payment by the Buyer.
8.5. When returning, it is understood that the right to use the Goods is returned. There is no need to transfer files.
8.6. Upon return, the buyer undertakes to stop using the software, otherwise it is equivalent to using pirated software.
9. COPYRIGHT PROTECTION
9.1. The Buyer is aware that this Offer transfers only the rights to use the extensions. The right to distribute and other property and non-property rights are reserved by the author of the Software and are protected by the Law of Ukraine "On Copyright And Related Rights".
9.2. By accepting this Offer, the Buyer also accepts the terms of the License Agreement for the modules to be supplied, set out at https://letme.shop/license-agreement. In particular, but without exhausting the listed items, the License Agreement provides that:
Distribution and resale of Modules is prohibited
The buyer gets the right to use the module on one domain. If the domain is not specified in the order, it can be specified after the purchase by e-mail or in any other written form.
It is impossible to replace one domain for the use of software with another in context of the single purchase
The module is supplied on the principle of "AS IS" and provides for self-installation by the user according to the instructions.
The module contains an encrypted code that allows Provider to control the licensed use.
The Buyer waives the intention to request the source code of the module in the part that is encrypted.
10. PERSONAL DATA PROTECTION (GDPR)
10.1. Upon acceptance of the Offer and further payment for the goods / services / subscriptions, the Buyer provides the Provider with his unconditional consent to the collection, processing, storage, use of his personal data within the meaning of the Law of Ukraine "On Personal Data Protection".
10.2. The Buyer consents the collection and processing of personal data solely for the following purposes:
fulfillment of the obligations incurred by the Provider under this offer;
the possibility of mutual settlements, as well as to obtain acts and other documents;
formation of analytical and other reports of the Provider;
sending by the Provider of notifications about errors, news, marketing materials, including using software and services provided by third parties (for example, services for emailing or advertising in social networks and search engines).
10.3. The consent to the processing of personal data is valid for the entire term of the Offer, as well as for an unlimited period after its expiration.
10.4. In accordance with the law, in case of receiving a request from the Client, the Provider undertakes to delete personal data from the client base in case the legal relationship between the parties is terminated.
10.5. By accepting the Offer, the Buyer confirms that he has been notified of the rights established by the Law of Ukraine "On Personal Data Protection", the purposes of data collection and that there is no need for additional notifications of data collection anywhere other than this agreement.
11. LIABILITY OF THE PARTIES
11.1. The Provider and the Buyer are responsible for fulfillment of their obligations in accordance with the provisions of this Public Offer Agreement and the current legislation of Ukraine.
11.2. In case of force majeure, the parties are released from the terms of this agreement. Force majeure for the purposes of this Agreement shall mean events of an extraordinary, unpredictable nature that exclude or objectively interfere with the performance of this Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.
11.3. The Parties shall make maximum efforts to resolve any disagreements through negotiations.
11.4. The Customer is responsible for the accuracy of the information provided when placing the order.
11.4.1 The Customer guarantees that he has reached the age of majority.
11.4.2. If the Customer represents the interests of a legal entity, it guarantees that it has the authority to do so.
11.4.3. If the Order and (or) the use of the Account and the Website by the Client is carried out by the Representative, he guarantees that he has the authority to do so.
11.5. The Provider shall not be liable for improper, untimely execution of the Orders and its obligations in case the Buyer provides inaccurate or false information.
11.6. The Provider shall not be liable for any damage caused to the Buyer as a result of the use of the purchased Goods in case of non-compliance with the Technical Specifications given in the description of the modules.
11.7. The Provider is responsible for the supply of goods of inadequate quality, provided that the Buyer complies with the Technical Specifications.
11.8. The amount of compensation for damages by the Provider may not exceed the actual cost of the purchased goods/services.
12. TERM OF THE CONTRACT AND TERMS OF ITS TERMINATION
12.1. The Public Offer Agreement comes into force from the moment of its acceptance by the Buyer and is valid until the Parties fully fulfill their obligations under this Agreement.
12.2. The expiration of this Agreement does not release the Parties from liability for its violation that occurred during the term of this Agreement. Also, the expiration of the Agreement does not exempt the User from compliance with the requirements of the License for the purchased Module.
13. OTHER TERMS
13.1 The Provider reserves the right to unilaterally amend the current agreement subject to its prior publication on the website and notification of customers via e-mail to the user's address specified in the Profile.
13.2. For orders placed earlier than the Agreement was amended, continue to apply the version of the Agreement that was relevant at the time of placing the order. However, when auto-renewing the Subscription for a new term, a new version of the Public Offer comes into force.
13.2. If any provision of this Offer is found by any court or competent authority to be invalid in whole or in part, this Agreement shall continue in full force and effect to the extent not invalidated.
14. CONTACT INFORMATION
Sole proprietor Serghei Tcaci
Entry number in The United State Register of Legal Entities, Individual Entrepreneurs and Public Organizations of Ukraine: 2 174 000 0000 064372 dated January 10, 2019Vinnytsia, 21021