User agreement

WARNING! True-smoke.com is only open to people 18 years of age or older. If you browse our site, you confirm that you are at least eighteen years old. Please read these terms carefully before viewing this site. If you do not agree to these terms, do not use this site. Using this site, including filling out various forms, applications, as well as ordering goods/services on it means your agreement to the terms of this Agreement.

The terms mentioned in this Agreement:
Administration – the administration of the True-smoke.com online store website.
The site is the website of the True-smoke.com online store, including all web pages.
Agreement – This user agreement.
The seller is a legal entity or an individual entrepreneur who places on the Site information about the goods/services sold by him. The seller can be both the Administration and any other person to whom the Site Administration has granted permission to post information about the goods/services of such a person.
Product – goods, services, works, property rights, other tangible and intangible objects, information about which is posted on the Site.
User is a person who views information on the Site and/or orders and/or receives Goods using the Site’s tools. The Recipient and the Payer are Users.
Order – the User’s request through the Site to the Seller to sell the Goods, as well as the set of Goods ordered by the User.
The payer is the person who pays for the Order.
Recipient – the person specified by the Payer as the person authorized to receive the Goods according to the Order. Unless otherwise specified in the Order form, the Recipient is the Payer.
Verification is the verification of the Client’s personal data when the request is routed using the Site. When the User enters the correct Login and Password and confirms with the One-time password of the Site, the Site allows access to the User’s Personal account on the Site.
Personal account – User registration is carried out by filling out the registration form, after which he gets access to the “Personal account”. The user undertakes not to use the “Personal account” to commit illegal actions, as well as actions that violate the rights or interests of third parties. In case of violation of this rule, the User undertakes to reimburse the Site for all costs incurred in connection with such actions.
Offer – information posted on the Site about a specific Product that can be purchased by the consumer. The offer includes: information about the product itself, information about its price, methods of payment and delivery, as well as other conditions of purchase of the Product by the consumer. The terms of the offer are determined by the seller. The offer is not an offer, but only information about the possible terms of purchase of the Goods.

1. General terms of use of the Site.
1.1. The site is a platform for placing offers for the sale of Goods.

1.2. This Agreement is a public offer. By accessing the materials of the Site, the User is considered to have joined this Agreement.

1.3. The Site Administration has the right to unilaterally change the terms of this Agreement at any time. Such changes take effect from the moment the new version of the Agreement is posted on the website.

1.4. The offer on the Site is not an offer. However, after reviewing the Offer, the User has the right to make an offer to the Seller(s) by filling out the Order form. Filling out the Order form is considered an offer by the User to the Seller (Sellers) for the User to purchase the corresponding Product on the terms specified in the Offer.

1.5. The offer is considered accepted by the Seller, if the latter has taken actions that indicate acceptance of the User’s offer, namely: actually shipped the goods, started providing services or performing work in accordance with the conditions stipulated in the User’s offer.

1.6. After receiving the User’s offer, the Seller has the right to offer to purchase the Product on other terms than those stipulated in the User’s offer. In this case, such an offer is considered a counter offer and must be accepted by the User. Acceptance of a counter offer is considered the actual receipt by the User (Recipient) of the Goods under the conditions specified in the counter offer. The Seller has the right to withdraw such a counter-offer before the delivery of the goods to the Buyer.

1.7. Sufficient proof of the acceptance of the offer by the Seller or the counter offer (that is, the agreement by the Parties of all the essential conditions of sale of the Goods) is the actual receipt and acceptance of the Goods by the Recipient.

1.8. The Seller and/or the Administration sending by means of electrical engineering (sms notification, e-mail, telephone, etc.) or other communication of the Seller’s/Administration’s notification of the receipt of the User’s Order and/or the terms of its receipt and/or the price shall not be considered as acceptance by the Seller of the User’s Offer. Goods. This notification is exclusively a notification of the Seller’s receipt of the User’s offer (but not its acceptance) and contains a reproduction of the terms of the offer provided by the User.

1.9. The only means of compensation provided to the User in case of non-compliance with the actual conditions of sale of the offer is to grant the User (Recipient) the right to refuse to receive and accept the relevant Product and to demand the return of the price paid for it, as well as the cost of delivering the Product to the delivery point (if the given amounts are actually were paid by the Payer). The Recipient has the right to use this right until the moment of signing the documents confirming the receipt of the Goods (including the documents of the carrier on the delivery of the shipment with the Goods to the Recipient).

1.10. The moment of receipt and acceptance of the Goods by the Recipient is the moment (depending on which one came earlier):
– signing by the Recipient of the act of acceptance and handover of the Goods (or another document equivalent in content, confirming the fact of handing over the Goods to the Recipient), or
– signing by the Recipient of the carrier’s documents confirming the receipt of the shipment containing the Goods, or
– actual receipt of the Goods by the Recipient and actions taken by the Recipient indicating the acceptance of the Goods (the Recipient received the Goods and left the goods delivery point, etc.).

1.11. Product information.
1.11.1. The information in the Product is contained on the Product itself, its packaging, and accompanying documents for the Product. Product information can also be provided remotely (by phone by placing product information on the website).

1.11.2. When receiving the Goods, before signing the documents confirming the receipt of the Goods, the Recipient is obliged to read the information about the Goods contained on the Goods and/or packaging. If it is necessary to obtain additional information about the Goods, the Recipient is obliged to contact the Seller and obtain the necessary information by means of remote communication before the moment of acceptance of the Goods by the Recipient.

1.11.3. The price for the Product, agreed by the Parties in accordance with clauses 1.4.-1.7. The agreement may be changed by the Seller before the delivery of the Goods to the Recipient.

1.11.4. In the event of a change in the price of the Goods compared to the price agreed upon by the Parties in accordance with clause 1.4. – 1.6. Under the terms of the Agreement, the Recipient has the right to refuse to receive and accept the Goods. At the same time, the Recipient (Payer) has the right to demand the return of the amounts paid for the Goods, as well as the amounts paid for the delivery of the Goods to the Recipient. Any other compensations (including compensation for damages, penalties, etc.) – are not provided by the Seller and the Administration.
1.12. Limitation of liability.
1.12.1. The site is a platform for posting offers. In this regard, the Administration (except when the Administration is the Seller) bears no responsibility to the Users (Payers, Recipients) for the fulfillment of the Order by the Sellers and related issues, including, but not limited to:
– for compliance with the terms of the Offer regarding the actual conditions of sale of the Goods, for the absence of the Goods,
– for delay in delivery of the Goods,
– for the quality of the Goods,
– for proper fulfillment of warranty obligations by Sellers and/or manufacturers.

1.12.2. The conditions specified in the Offer are preliminary conditions for the purchase of the Goods. The terms of the Offer may be changed by the Sellers, including after acceptance of the Order for execution. The specific conditions of sale of the Goods by the Sellers may be determined and changed by the Sellers before the Goods are transferred to the Recipient.

1.12.3. Under no circumstances shall the Administration be liable for any damages (including, but not limited to, loss of profit, data, or business interruption) incurred as a result of the use, inability to use, or the results of using this Site.

1.12.4. The Seller’s liability for changes in the conditions of purchase of the Goods compared to those specified in the Offer is limited to the fact that the Recipient (User, Payer) has the right to refuse the purchase of the Goods and demand the return of the funds paid for them (if they were paid).

1.12.5. In any case, the amount of damages (both material and non-pecuniary) that may be paid to the User (Payer, Recipient) in connection with the violation of his rights when using the Site (including in connection with non-fulfillment of the Order or its improper execution, other violations of the User’s rights) in accordance with Art. 22 of the Civil Code of Europy is limited to ten hryvnias.

1.12.6. Warranty obligations apply to the Goods for which the warranty period has been established in accordance with the conditions specified in the warranty card and/or in the manufacturer’s information materials. If, in accordance with the legislation of Europy, a warranty period should be established for the Product, but it is not established by the manufacturer, the warranty period for such Product is considered equal to three days.
1.12.7 The User is responsible for the accuracy of the data specified in the Order form. In the event that the inaccurate (incorrect) indication of data in the Order led to additional costs for the Seller, related to the delivery of the Goods to the wrong address or the delivery of the Goods to the wrong Recipient, all related losses and costs are borne by the User. The Seller has the right to withhold the amount of such losses or expenses from the amounts paid by the Payer as payment for the Goods (to set off counterclaims).

2. Obligations of the Parties.
2.1. The user undertakes to read this Agreement carefully. In case of disagreement with its terms, the User undertakes to immediately stop using the Site.

2.2. The user agrees not to engage in actions that may be considered as violating Ukrainian legislation or norms of 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 violation of the normal operation of the Site and site services.

2.3. The use of Site materials without the permission of the rights holders is not allowed. For the lawful use of the materials of the Site, it is necessary to conclude license agreements (obtaining licenses) from the Right Owners.

2.4. When quoting materials from the Site, including copyrighted works, a reference to the Site is mandatory.

2.5. Comments and other entries of the User on the Site must not contradict the requirements of the legislation of Europy and generally accepted norms of morality and morality. Comments/Feedbacks of the User posted on the Site are not confidential information and may be used by the Site Administration without restrictions.

2.6. The user is warned that the Site Administration is not responsible for visiting and using external resources, links to which may be maintained on the site.

2.7. The user accepts the provision that all materials and services of the Site or any part of them may be accompanied by advertising. The user agrees that the Site Administration bears no responsibility and has no obligations in connection with such advertising.

2.8. By registering on the Site, the user agrees to provide reliable and accurate information about himself and his contact details. As a result of registration, you receive a login and password for entering the Personal Cabinet, for the security of which you are responsible. You are also responsible for all activities under your login and password on the Site. In case of loss of registration data, you undertake to inform us about it. The site administration reserves the right to send our promotions to the user number specified in the order. In case of refusal, we undertake to exclude your address from the SMS distribution.

2.9. The site administration has the right to unilaterally cancel the User’s account (Personal account) if it has not been used for more than 24 consecutive calendar months without notifying the User.

3. Personal data.
3.1. By placing an Order on the Site, the User gives his consent to the Administration for the collection and processing (accumulation, storage, adaptation, renewal, use, distribution, depersonalization and destruction) of the data specified by him, namely: surname, first name, patronymic, e-mail, telephone , address, in order to ensure the implementation of sales relations, relations in the field of consumer rights protection, in the field of advertising and marketing research, and also gives his consent to the transfer (distribution) of his data to LLC “NOVA POSHTA” (YEDRPOU 31316718), to other transport – forwarding and courier organizations and other third parties (without limitation) at the discretion of the Site Administration. This provision is valid without limitation.

3.2. The source of personal data collection is information directly and voluntarily provided by the User.

3.3. The owner of the personal data provided by the User is the Site Administration.

3.4 The subject of personal data, in accordance with the Law of Europy “On the Protection of Personal Data”, has the right: to know about the sources of collection, the location of his personal data, the purpose of their processing, the location or place of residence (residence) of the owner or controller of personal data or to give the appropriate instructions to obtain this information to persons authorized by them, except for cases established by law; to receive information about the conditions of providing access to personal data, in particular information about third parties to whom his personal data is transferred; access to your personal data; to receive no later than thirty calendar days from the date of receipt of the request, except in cases provided by law, an answer on whether his personal data is being processed, as well as to receive the content of such personal data; present a motivated demand to the owner of personal data with an objection to the processing of his personal data; make a motivated demand for the change or destruction of your personal data by any owner and manager of personal data, if these data are processed illegally or are unreliable; to protect your personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision of data, as well as protection from providing information that is unreliable or disgraces the honor, dignity and business reputation of a natural person ; file complaints about the processing of your personal data to the Authorized Person or to the court; apply legal remedies in case of violation of the legislation on personal data protection; enter reservations regarding the limitation of the right to process your personal data when giving consent; withdraw consent to the processing of personal data; know the mechanism of automatic processing of personal data; to protect against an automated decision that has legal consequences for him.

3.5. Like many other companies, we use cookies on and off our site. Cookies are pieces of information that a website transfers to a consumer’s hard drive to store website-related information. This technology expands your Internet experience by keeping your priorities in mind while browsing a particular site. The cookie technology does not contain personal information and cannot in any way configure your system or read information from the hard drive. While browsing the site, we may place cookies on your computer. Such temporary cookies are used to count the number of visits to our site. They are deleted when you exit the browser. Persistent cookies can be stored on your computer by your browser. When registering, this type of cookie informs that you have visited us for the first time or visited our site before. Cookies do not contain personal data and can be blocked by you at any time. Markers do not receive personal information about you and do not share contact information with us, nor do they receive any information from your computer. We use cookies to determine the characteristics of the site and the offers you like, in order to provide you with more information in which you are interested. In addition, cookies are used to make the true-smoke.com website safe, secure and convenient. Cookies provide support for security features and startup. Cookies also allow us to track violations of the PRIVACY POLICY by visitors or devices. Cookies help to estimate the number and frequency of requests, and to detect and block those visitors or devices that attempt to perform batch downloads of information from the website.

4. Other conditions.
4.1. The user has the right to appoint a third party as the Recipient of the purchased goods. In this case, the Recipient is obliged to indicate in the Order form the data necessary for identification of the Recipient and delivery of the goods. The relations of the parties, in this case, are covered by the provisions of Art. 636 of the Civil Code of Europy.

4.2. To issue the Goods to the Recipient, the latter must present an identity document (passport) when receiving the Goods.

4.3. When receiving the Goods, the Recipient is obliged to sign the documents confirming the receipt of the goods.

4.4. All possible disputes arising from this Agreement or related to it shall be resolved in accordance with the current legislation of Europy.

4.5. Nothing in the Agreement can be understood as establishing agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations that are not expressly provided for in the Agreement between the User and the Site Administration.

4.6. Court recognition of any provision of the Agreement as invalid or unenforceable does not entail the invalidity of other provisions of the Agreement.

4.7. Inaction on the part of the Site Administration in the event of a violation by any of the Users of the provisions of the Agreement does not deprive the Site Administration of the right to later take appropriate actions to protect its interests and protect copyrights on the Site materials, which are protected in accordance with the law. The user confirms that he is familiar with all clauses of this Agreement and unconditionally accepts them.

4.8. This Agreement is governed and interpreted in accordance with the legislation of Europy. Issues that are not regulated by the Agreement are subject to resolution in accordance with the legislation of Europy.