AGREEMENT ON THE PROCEDURE FOR USING THE WEBSITE ON THE INTERNET
This User Agreement (the "Agreement") sets out the rules for the use of the services the "timesavingmachine.ru" website, located on the Internet at: https://timesavingmachine.ru (the" Site") and is a public offer. The registration of a User Account on the Site by a Site visitor means that this person fully and unconditionally accepts all the terms of this Agreement. In case of disagreement with any of the provisions of the User Agreement, the Site visitor is obliged to refrain from registering an account on the Site and using the services offered on the Site.
The copyright holder (Administration) under this Agreement is: "Aggregator" Limited Liability Company.
By mutual agreement, the Parties have determined that in their legal relations arising from this Agreement, they will proceed from the following interpretation of the main categories and terms:
- website on the Internet means a set of programs for electronic computers and other information contained in an information system, access to which is provided through the information and telecommunications network "Internet" (hereinafter also referred to as the "Internet") by domain names and / or network addresses that allow you to identify sites on the Internet»;
- page of the website in the "Internet" network (hereinafter - the website page) is a part of website in "Internet" network, which is accessed by index, consisting of a domain name and characters defined by the site owner in the network "Internet";
- domain name is the designation of symbols, intended to address websites in the "Internet" network in order to ensure access to information placed in the "Internet" network;
- network address means the identifier in a data network, which determines in the provision of telematic communication services user terminal or other means of communication that are included in the information system;
- legal status the website owner on the Internet is the person who independently and at their own discretion determines the procedure for using the website on the Internet, including the procedure for posting information on such a website. The copyright holder, at the same time:
- access to information - the ability to obtain information and use it,
- confidentiality of information - a mandatory requirement for a person who has access to certain information not to transfer such information to third parties without the consent of its owner,
- provision of information - actions aimed at obtaining information by a certain group of persons or transmitting information to a certain group of persons
- dissemination of information - actions aimed at obtaining information by an indefinite group of persons or transmitting information to an indefinite group of persons,
- information owner - a person who independently created information or obtained the right to allow or restrict access to information determined by any criteria on the basis of a law or contract;
- legal status operator of the data processing operator - a person who independently or jointly with other persons organizes and (or) performs the personal data processing, as well as determines the purposes of personal data processing, the composition of personal data to be processed, actions (operations) performed with personal data as a result of the operation of the website on the Internet, and with the mandatory consent of the owner of personal data, while:
- personal data - any information related directly or indirectly to a specific or identifiable individual (the subject of personal data),
- personal data processing - any action (operation) or set of actions (operations) performed using automation tools or without using such means with personal data including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data
- automated processing of personal data - processing of personal data using computer technology,
- personal data dissemination - actions aimed at disclosing personal data to an indefinite circle of persons,
- provision of personal data - actions aimed at disclosing personal data to a certain person or a certain circle of persons
- blocking of personal data - temporary termination of the personal data processing (except in cases where the processing is necessary to clarify personal data),
- destruction of personal data - actions as a result of which it becomes impossible to restore the content of personal data in the personal data information system and (or) as a result of which the material carriers of personal data are destroyed,
- depersonalization of personal data - actions that make it impossible to determine the identity of personal data to a particular personal data subject without the use of additional information;
- databases - a collection of independent materials presented in an objective form (articles, calculations, regulations, court decisions and other similar materials), systematized in such a way that these materials can be found and processed using an electronic computer (computer), including by distributing them on the site on the Internet, or formed in the process of creating and operating the site on the Internet»;
- personal data information system - a collection of personal data contained in databases and information technologies and technical means that ensure their processing, including those formed during the creation and/or operation of the website on the Internet, presented in an objective form;
- personal account – a section of the website that contains information about the User and their activity. Access to the Personal Account is carried out by means of unique identification data – a login corresponding to the User's contact email address and a password-initially generated by the Copyright Holder and available for further modification by the User at their own discretion;
- visitor – a user who accesses the website via the Internet;
- user account (profile) - a User account created at the time of registration on the site, which allows to identify (authorize) each User using access details (login and password). Within this Agreement, the formation of an application for services is considered equivalent to the creation of an account (personal account), your account;
- content - information posted on the Website, including: advertising, texts, comments, announcements, photo and / or video materials, design elements, illustrations, scripts, computer programs;
- materials - user content that is placed by the User to order services through the functionality of the Service.
- communication channel - e-mail with the contact addresses specified in this Agreement;
- access service - enabling the User to use the Service;
- service - services for the delivery of Postal Items, including all additional services that occurred during the delivery of the Item, such as insurance, forwarding, re-delivery, personal delivery, return delivery, weekend delivery, delivery with a notification of delivery, return and disposal of items, as well as payment for the item by the recipient (the service is free, but if the recipient refuses to pay for the item, the cost of delivery of such items is paid by the Customer);
- insurance – the "insurance" option selected by the Customer at the time of placing the Order and confirmed by the "I agree" option in the electronic service. By confirming the "I agree" option, the Customer agrees to the rules and tariffs of the Shipment insurance;
- declared value – the cost of the Postal item specified by the Customer when insuring the Postal item
In this Agreement, unless otherwise explicitly stated in the context, the following terms have the following meanings:
a) We and the declensions of this pronoun mean Aggregator LLC and its partners with whom it has concluded contracts.
b) You and the declension of this pronoun implies the concept of "customer", sender and recipient, bearer and owner of the contents of the shipment, or any other person who has rights in respect of the shipment that has accepted this Agreement and needs services for the delivery of the shipment.
If the Customer is an individual under the age of 18, they should read this Agreement together with their parents or other legal representatives, and their parents or other legal representatives have the right to accept this Agreement.
If the Customer does not have full legal capacity, the presumption of performing all actions performed on the website, with the consent and under the control of his parent/legal representative, applies.
c) Operator – a legal entity registered in accordance with the Russian legislation or the legislation of a foreign state, carrying out activities for the delivery of Shipments, having a contractual relationship with LLC "Aggregator".
d) Postal item - the subject of delivery.
e) Order - the order of the Customer in the electronic service of Aggregator LLC with a unique number assigned to the Order, which is indicated in the Invoice, and contains all the essential conditions for the provision of the ordered service.
f) Invoice (other equivalent document) - a special form in the form of the Operator selected by the Customer, having a unique number containing the information necessary for the delivery of the Shipment in accordance with the Order placed in the electronic service.
The Agreement may use terms not specifically defined in this section of the Agreement. In these cases, the interpretation of the terms is made in accordance with the text and meaning of this Agreement. If there is no unambiguous interpretation of the term in the text of the Agreement, you should be guided, first, by the interpretation of the terms used on the Website; second, by the civil legislation of the Russian Federation.
1. Subject matter of the Agreement, applicable law and basic concepts
1.1. This Agreement is addressed to any legally capable individual and / or legal entity, and is a public offer of the Copyright Holder (hereinafter also referred to as the Administration, the Website Administration) to conclude an Agreement on the terms specified therein, by attaching the datum (a) of the persons (s) made by accepting this agreement.
1.2. The current version of this Agreement is posted on the Copyright Holder's website at: https://timesavingmachine.ru. The copyright holder offers to carefully read the text of this Agreement and in case of disagreement with any of its points, refuse to accept it.
1.3. The copyright holder, being the owner of the exclusive property and other rights to the Website "timesavingmachine.ru", provides Users with the opportunity to use the website, which is a collection of information and computer programs contained in an information system that ensures the availability of such information on the Internet (hereinafter also referred to as the platform).
1.3.1. Through the website, the Administration provides an electronic Internet platform for the User to access the Service for the period during which the Website and the Personal Account remain available to the User. At the same time: - users are granted a free simple (non-exclusive) license to use the Service and its software for their intended purpose – ordering services for the delivery of goods and shipments of the Customer to the addressees specified by the Customer, including in the "online" mode, on the terms and in the manner determined by this Agreement, including by accessing the Personal Account and using its explicit functions.
1.4. In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, the acceptance of the offer is equivalent to the conclusion of a contract on the terms set out in the offer, and is equivalent to a contract signed with your own hand.
1.4.1. The acceptance of the offer is the registration of the User on the Site and the creation of an account (personal account), his account/order of services and / or goods, the acceptance of the paid services offered under the terms of this offer is the payment for these services.
1.4.2. Signing: a bill of lading, invoice-contract, application, or other similar document.
1.4.3. Signing: a bill of lading, invoice-contract, application, or other similar document - is an act of joining this public offer and agreeing to all its terms and conditions without exception.
1.4.4. In the event of a disagreement between the terms of the bill of lading, invoice-contract, application, or other similar document and the terms of this public offer, the terms of this public offer shall prevail.
1.4.5. Upon acceptance/acceptance by the Customer of the terms of this offer, the Customer confirms:
- a) their unconditional consent to this Agreement, as well as to the fact that all the essential conditions for the provision of services have been fully agreed between the Parties;
b) that they are familiar and agree with the rates and terms of service posted on the official website of "Aggregator" LLC (including cost of service and time of delivery, etc.);
c) that they reliably and accurately indicated in the Order the content, the address of the receiving/delivery of the package, dimensional weight, type and category of mail and informed that on the basis of the information specified in the Order, you will receive an invoice for the Shipment;
d) that they are ready to deliver the Postal item specified in the Order to the Operator's courier;
e) the Postal item shipment does not contain prohibited goods.
1.5. The website Administration has the right to unilaterally make changes and additions to this Agreement, including, but not limited to: change the functionality of the platform, enter and cancel payment for using the Website, enter/cancel, change payment for providing access to all or some services of the Site, transfer in whole or in part on a temporary or permanent basis the rights of the Copyright Holder to third parties, etc., without prior notice to the User and / or obtaining approval from him.
1.5.1. The Website Administration has the right, at its sole discretion, to notify Users of the addition and/or modification of this Agreement in a manner that the Website Administration deems most acceptable.
1.5.2. The use of the Website, the materials and services offered on it at any time means the unconditional acceptance by the User of all the terms of this Agreement and its constituent parts. If the User does not agree with the current version of the User Agreement in whole or in part, they must immediately request the Site Administration to delete his Account and stop using the Site until their Account is deleted.
1.6. Each Party guarantees that it has all the necessary powers and documents to perform its obligations under this Agreement and confirms that the performance of this Agreement will not entail a violation of any agreements with its participation, regulations binding on the relevant Party. Each Party also confirms that it has the appropriate authority to sign and execute this Agreement, is fully de-and legally capable, and does not require any additional permissions or approvals to sign and execute this Agreement.
1.7. When registering, one person can create only one User account. It is prohibited for one person to create multiple accounts, create an account for non-existent persons, or use the personal data of other persons to register an account without their consent. If the User violates any of the requirements set out in this clause of the Agreement, the Site Administration has the right to block or delete all accounts registered by the guilty User without prior notice or warning.
1.8. The User who has distributed the information in any form, including in the form of text, graphic images, photos or video images, guarantees that they are the proper copyright holder in relation to this information, and if this is not the case, then such a User undertakes to comply with the rules of citation, indicating the source of the distributed information, and the distribution of such information does not violate any personal and / or property rights of third parties.
1.8.1. By posting on the Website any protected materials on their own behalf, the owner of the exclusive rights to which is themselves, the User gives their consent to the free use of such materials by the website Administration for a period of 50 years, including for commercial purposes, including bringing such materials to the public using the website, other Internet resources owned by the Website Administration, to reproduce the materials and the works included in them in an unlimited number of copies in any material form, including (but not limited to) audio and video content.-, video recording, recording of a work on an electronic medium, in computer memory, distribute copies of the materials and their constituent works, publicly display or perform copies of the materials and their constituent works, transmit the materials and works on the air, via cable, translate or otherwise process the materials. If the User does not want to give the Website Administration consent to the use of the materials posted by them under the specified conditions and in the above-mentioned ways, they are obliged (a) is obliged (a) to notify the Website Administration about this.
1.8.2. Taking into account the specifics of the objects of copyright, for the creation of rights to which registration of the work or compliance with any other formalities is not required, taking into account the specifics of the use of works on the Internet, when assessing the User's compliance with the exclusive rights of third parties, the Website Administration proceeds from the presumption of the User's good faith, compliance with the rights of third parties and strict compliance with all the provisions of this Agreement.
1.8.3. The Administration notifies the User that the legislation does not establish the obligation of the person providing the service on the Internet to monitor the information that users upload to the service on the Internet, as well as to actively search for facts or consequences indicating illegal activities, including violations of copyright and exclusive intellectual property rights. In this regard, the User is considered notified that he is solely responsible for the violation of intellectual rights when uploading user content (Materials) to the Service.
1.8.4. In the event of a violation of the intellectual rights of third parties as a result of the User posting any materials on the Website, the User is responsible for such violation. If the alleged violation of the intellectual rights of third parties is revealed by the Website Administration, including on the complaint of the actual copyright holder or their legal representative, the Website Administration has the right to block or remove from the Website materials, the placement and use of which may violate the rights of third parties, without prior notice to the User.
1.8.5. Given that the User's violation of copyright as a result of the User's posting of materials on the Website is a material violation of this Agreement, the Site Administration has the right to suspend, block or delete the User's account that has committed such a violation.
1.9. The Website services are provided as on a paid basis, as well as on a gratuitous (free) basis, the provision of the Website's services on a paid basis is provided upon prior notification of the User, without specifying the term, except in cases of termination of the provision of such services on the grounds and in accordance with the procedure provided for in this Agreement.
1.9.1. The Site Administration has the right at any time to change the procedure and conditions for providing the Site services, as well as to change their composition (in full, or in part, both in the direction of restriction and in the direction of expansion), as well as to terminate the provision of such services (in full and/or in part), without explaining the reasons for such termination.
1.10. The Website Administration has the right at any time to establish rules according to which the provision of transactional services of the Website can be provided when identifying the User's identity and / or the bank account specified by him.
1.11. When using the services of the Website, it is strictly prohibited:
- to use words, expressions, images, audio and video materials that contradict the norms of humanity, morality and morals, business ethics, including use of abusive words or expressions, insults against Users, Website Administration, third parties, spreading threats to the life or health of people or animals, use of words, text, visual, audio- and video materials of a discriminatory, humiliating, offensive, obscene or pornographic nature, aimed at humiliating human dignity, inciting hatred or enmity, causing moral suffering, moral harm, damage to business reputation, as well as the reputation of trademarks and brands of the Site Administration or third parties;
- place and distribute advertising materials aimed at promoting goods, works, services, and means of individualization of third parties that are not coordinated with the Site Administration.
1.12. Guarantees and limitations of liability of the parties:
1.12.1. The Copyright holder provides the User with a service of proper quality, that is, suitable for use in accordance with the purposes for which this service is purchased, that is, corresponding to the requirements usually imposed and suitable for the purposes for which the service of this kind is usually used.
1.12.2. The Parties hereby acknowledge that the materials and services provided by the Copyright Holder are provided "as is" without any guarantees. The Copyright holder does not guarantee the accuracy and completeness of the materials, programs and services.
18.104.22.168. The User hereby acknowledges and agrees that the Platform is provided on an "as it is" basis and the Copyright Holder is not obliged to provide the User with corrections, additions, or new versions of the Platform. The platform, like any software, is not free from software errors, failures. The Copyright Holder is not responsible for any errors, failures, violations in the operation of the Platform, as well as for possible losses of the User in this regard.
1.12.3. The copyright holder is not responsible for failures in the work of the provider, hosting.
1.12.4. The Website may contain links to websites and other information resources of third parties on the Internet, placed solely for the convenience of Users. The Website administration does not declare its approval and does not give any ratings of third-party sites or information contained on these sites, as well as possible results of their use, nor does it verify the accuracy and relevance of this information. The User is solely responsible for the use of third-party sites.
22.214.171.124. The Website Administration is not responsible for technical failures on the Website, for temporary lack of access to the Website, materials posted on it, if this is caused by planned or unscheduled technical and preventive work, technical failures in the operation of Internet service providers, computer networks, servers and software, as well as illegal actions of third parties and the actions of the User and/or force majeure.
1.12.5. The User guarantees that they will use the "timesavingmachine.ru" Internet service only in the ways and under the conditions provided for in this Agreement.
1.12.6. No provisions of this Agreement grant the User the right to use the brand name, trademarks, domain names and other distinctive marks of the Copyright Holder.
1.12.7. The Copyright Holder performing the functions of the Website administration reserves the right to exercise control over the User's compliance with the rules established by this Agreement, including, but not limited to, the right to moderate and/or pre-moderate the materials posted and/or posted by the User. By accepting the terms of this Agreement, the User unconditionally agrees that all sections and services of the Website, including messages between two Users are not private, are not intended for purely personal, confidential use, and are at all times available for monitoring and moderation by the Website Administration. By posting any information using the Website's services, the User agrees that it can be checked at any time by the Website Administration for its compliance with this Agreement, with the Administration applying measures to the guilty User in case of detection of signs of violations of this Agreement in their actions. The User understands and unconditionally accepts that the monitoring and moderation by the Administration of the information posted on the Website, including messages to other Users, under no circumstances can be considered as interference with private correspondence or in the personal life of the User.
1.12.9. Within the limits established by law, "Aggregator" LLC, its subsidiaries or licensors, as well as third parties mentioned on the website "timesavingmachine.ru", under no circumstances shall they be liable for any incidental, consequential, punitive or consequential damages, loss of profits or damages resulting from loss of data or suspension of activity in connection with the use or inability to use the website "timesavingmachine.ru" or systems, services, content or information "timesavingmachine.ru", on the basis of a guarantee, contract, tort, tort or other legal grounds, and regardless of whether Aggregator LLC was aware of the possibility of such damage. Without prejudice to the foregoing, to the extent permitted by law, the Customer agrees that the aggregate liability of Aggregator LLC for any damage (direct or otherwise) or loss, regardless of the nature of the claim or claim, whether based on a contract, tort or otherwise, does not exceed 5,000 (five thousand) rubles.
1.12.10. The "timesavingmachine.ru" website data, or the web pages of this Website may contain unintentional inaccuracies or typos. If they are detected, they can be corrected at the discretion of Aggregator LLC. The information on these web pages is regularly updated, but inaccuracies may remain or occur if changes occur between updates.
1.12.11. Exclusive rights to the design, HTML code, program code of the "timesavingmachine.ru" website, the use of the site management system on the Internet, as well as access to it (servers), the administrative panel, the rights to use the site's domain name on the Internet and hosting – belong to the Copyright Holder - Aggregator LLC.
1.12.12. If the Customer (Recipient) refuses to pay for the services rendered, in full or in part, the Copyright holder - LLC "Aggregator", has the right, on the basis of the powers granted by the provisions of clause 4 of Article 790 of the Civil Code of the Russian Federation, to withhold the Postal item as security for the carriage fee and other transportation payments due, with the Customer being obliged to reimburse the costs of storing the shipment in full.
1.12.13. Acceptance of the terms of this Agreement means acceptance, among other things, of the following main obligations:
- The User is obliged to provide correct, accurate, up-to-date and complete information about themselves, which may be required by the Site Administration,
- The user is obliged to keep records and make changes to all data without delay, so that the information is always correct, accurate, up-to-date and complete,
- The User grants the Website Administration an irrevocable, perpetual, global, royalty-free, sublicensable (in several levels) license to reproduce and use all the information provided by the User, on the basis and in accordance with the procedure, as well as for the purposes defined in this Agreement, as well as to exercise copyrights, rights to distribute information and to the database, which the User may have in relation to such materials or data on any media, regardless of whether they are currently known or not,
- The User undertakes that the use of the services of the website will not:
a) be associated with the provision of false information, fraudulent actions, or otherwise contribute to the implementation of other types of illegal activities;
b) violate any copyright, patent, trademark, trade secret or other proprietary right, or the rights of public use and protection of privacy, or other legal rights of a third party, or otherwise encourage or incite their infringement or violation;
c) include any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting, or forcibly disposing of any software or hardware, data, or personal information.
- The User undertakes that they will reimburse the website Administration, its employees, agents and representatives in full, without exception, all losses, claims and obligations (including legal support costs) that may arise as a result of providing or posting materials to them or deleting them, using the website services by such a User or violating this Agreement by such a User. The User also undertakes that the Website Administration, its employees, agents and representatives are released from liability to third parties, in full, for the actions specified in this paragraph and committed by the User.
1.12.14. The User is solely responsible for the security (resistance to selection) of the means chosen by them to access the account, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using the services of the Website under the User's account, including cases of voluntary transfer by the User of data for access to the User's account to third parties on any terms (including under contracts or agreements). In this case, all actions within or using the services of the Website under the User's account are considered to be performed by the User themselves.
1.12.15. Legal relations arising between the Parties as a result of the performance of this Agreement are not labor or service relations.
1.12.16. The Website Administration is not the direct carrier of the Postal item, and in this part acts only as an agent authorized by the Customer/ Sender for the conclusion of relevant contracts with transport companies (Operators) for the transportation/delivery of the Shipment, in view of which "Aggregator" LLC does not bear the responsibility provided for the carrier for the time of transportation of the Shipment, including for the safety of the Postal Item, such responsibility is fully borne by a specific transport company/operator. The amount of material liability of "Aggregator"LLC in any case may not exceed the amount of its agency remuneration.
1.12.17. "Aggregator" LLC in no case can be held responsible, including any liability for acts or events which it cannot affect, to involve, or which are outside its competence, including, for the delay of the agreed delivery time of the Postal Item, for the following reasons:
- customs inspection and clearance,
- refusal of the Recipient to pay the fees in the country of receipt,
- technical and technological breakdowns, transport and maintenance equipment,
- division of the Postal item into several parts,
- postponement of the Postal item collection by the Customer/ Sender,
- sending to another city or to another country, including due to incorrect registration by the Customer/Sender of the bill of lading,
- loss of the Postal item in the warehouse (at the time of the search for the Postal item),
- discrepancy of the declared Postal item by weight, the actual weight, because of which there is no free space in the transport,
- identification of the fact that the cargo contains prohibited or dangerous elements for shipment,
- clarification of import and customs documents is required,
- delay in delivery time for the time of clarification of documents,
- Customer/Sender was not in touch or was not at the address at the time of collection, the postponement was not available or possible,
- change in the tariff and delivery time due to a discrepancy in the declared Postal item by weight, actual weight, volume, dimensions, conditions of carriage,
- marking or packaging does not meet the necessary requirements, which makes it impossible to collect the Postal item,
- registration of the Postal item requires the presence of a power of attorney, special pass, or other document about which the Customer/Sender did not warn you – a delay in the preparation of the required document,
- international and/or state / official holidays in each specific country or region,
- delay for the duration of such holidays,
- Customer/Sender specified an incorrect pick-up/delivery address for the Postal item,
- Customer/Sender is an improper sender (sending the Postal itemt by this person is prohibited or a special status/permit is required),
- special equipment and/or additional personnel is required for loading/unloading the Postal item,
- if the failure to fulfill obligations was the result of force majeure circumstances that arose as a result of extraordinary events that the Parties could not have foreseen or prevented and that do not depend on the will of the Parties, namely: earthquakes, floods, typhoons, hurricanes, military operations, mass strikes, mass diseases (epidemics), civil unrest (riots, uprisings), as well as actions of state bodies of a prohibitive and/or restrictive nature.
If any of the above circumstances directly affected the ability to perform the obligation on time, then this period is proportionately postponed for the duration of the relevant circumstance.
If these circumstances have led to an increase in the cost of services, the Customer undertakes to pay these additional costs in full.
If these circumstances led to the refusal of delivery, the Customer undertakes to pay "Aggregator" LLC all the actual costs incurred by the latter for the execution of the Customer's order.
1.13. This Agreement is subject to the current legislation of the Russian Federation, and first of all, the norms of Chapter 40 of the Civil Code of the Russian Federation, and the general provisions on obligations (Articles 307-419 of the Civil Code of the Russian Federation) and on the contract (Articles 420 – 453 of the Civil Code of the Russian Federation), since otherwise does not follow from the content or nature of individual provisions of this Agreement, as well as allowing the application to some individual provisions of the Agreement, special norms of the current legislation of the Russian Federation, and above all:
- Federal Law No. 259-FZ dated November 8, 2007 " Charter of Road Transport and Urban Land Electric Transport»,
- Rules for the Transportation of Passengers and Luggage by road and urban Land electric transport, approved by the Decree of the Government of the Russian Federation No. 112 of February 14, 2009,
- Government decree of the Russian Federation dated 15.04.2011 № 272 "On approval of Rules of transportation of goods by road" and to the extent not regulated by special laws to relations arising from contracts concluded by the Customer exclusively for personal, family, home, household and other needs not related to business and other economic activities, subject to the Law of the Russian Federation of 7 February 1992 № 2300-I "On protection of consumer rights",
- Federal law dated 27.07.2006 № 152-FZ "On personal data",
- Federal Law No. 149-FZ dated 27.07.2006 "On Information, Information Technologies and Information Protection",
- Decision of the Supreme Eurasian Economic Council No. 24 dated 26.12.2016 "On Approval of the Rules for Regulating Trade in Services, Institutions and Activities"
As well as the internal documents of "Aggregator" LLC: the terms and conditions for the provision of certain types of services, tariffs.
This Agreement is drawn up taking into account the provisions of the current international legislation in the field of e-commerce and trade, and above all, the norms of:
- WTO Declaration on Global Electronic Commerce (Geneva, 1998) (Declaration on Global Electronic Commerce),
- Decision of the Supreme Eurasian Economic Council No. 24 of 26.12.2016 "On Approval of the Rules for Regulating Trade in Services, Institutions and Activities",
- The EU Law on Consumer Rights Protection (Consumer Rights Directive),
- Updated EU Regulation 2016/679 of 27 April 2016 (GDPR-General Data Protection Regulation),
1.13.2. The Parties have agreed to consider the provisions of the legislation of the Russian Federation in force at the time of conclusion of this Agreement as applicable law to legal relations arising, terminating and changing under this Agreement.
1.13.3. The Website Administration has the right to change the procedure and conditions for applying certain legal regulations to legal relations arising under this Agreement, in view of the requirements of the special domestic legislation of the Russian Federation.
1.14. The provisions and rules of this offer are not limited in space.
2. Rights and obligations of the parties
2.1. The copyright holder is obliged to: -provide a service of proper quality, in the manner specified in this Agreement:- pick up the Postal item from the Sender and deliver the Postal item to the Recipient in accordance with the information specified in the Application.- before receiving the Postal item for delivery, it has the right to inspect it and refuse to provide the Customer with the delivery service of the Shipment, if it contains, including, but not limited to: foreign currency and banknotes of the Russian Federation; living or dead animals and plants; human body parts or remains (including in the form of ashes); firearms, pneumatic, gas or cold weapons and their parts, ammunition, fireworks, flares and cartridges; narcotic drugs, psychotropic, highly potent, toxic, radioactive, explosive, toxic, caustic, flammable and other dangerous substances, including those under pressure; medical preparations; products with an unpleasant smell, objects and substances that by their nature or because of the packaging may pose a danger to people, pollute or damage (damage) other goods, surrounding people or objects, products made of gold, silver, other precious and semiprecious metals and stones, other objects and objects prohibited for circulation in the territory of the Russian Federation. It also has the right to refuse delivery of the Postal item if it does not correspond to the description in the Application and/or if the actual conditions for the provision of delivery services do not correspond to other conditions of the Application. In this case, the Customer is obliged to withdraw the application.
The Right to take a photo of the Postal item, save the received image in the Application or on the mobile phone of the Courier, send the image to the Platform or to another person in accordance with these Rules using the Software in order to save information about the Application.
Confirmation of the transfer and acceptance of the Postal item for delivery is the signature of the Sender, or the signature of the Courier in the Sender's documents, or the exchange of SMS messages between the Sender and the Copyright Holder, or the exchange of other messages in text message exchange systems, including messengers and social network systems posted on the Internet, and/or the location of the relevant information on the Website of the information on tracking the shipment, which is also available on the Website of a particular Operator.
Confirmation of the fulfillment of the obligations for the delivery of the Postal item is the Recipient`s signature.
On the performance of the delivery obligation
The Customer/The Sender is notified by sending an email or text (SMS) notification to the mobile phone number specified by him, or by other means, including by exchanging other messages in text message exchange systems, including messengers and social network systems posted on the Internet, and/or by placing the relevant information on the Website of the information on tracking the shipment, which is also available on the Website of a particular Operator.
The loss or damage of the Postal item (part of the Postal item) is recorded by the Courier and/or the Customer and the Recipient upon receipt of the Postal item, or at the time when the Postal item should have been received. In this case, a Certificate of loss (damage) is drawn up) Postal item in any form, but with a mandatory indication of the main conditions of the Application and the substance of the claim.
Claims related to non-performance or improper performance of obligations by the Courier may be filed by the Customer not earlier than the moment when the Request should have been executed, and within a reasonable time after the expiration of the deadline for delivery of the Postal item, but not later than 12 o'clock on the day following the day on which the Postal item should have been delivered.
If the delivery of the Postal item cannot be performed due to the absence of the Recipient at the place and time specified in the Application, or for any other reason beyond the Courier`s control, the Courier undertakes to notify the Sender and return the Postal item.
If it is impossible to pick up the Postal item due to the absence of the Sender at the place and time specified in the Application, or for any other reason beyond the Courier's control, the Courier undertakes to notify the Customer. Such notification is carried out by sending a letter by e-mail or text message (SMS) to the mobile phone number specified by the Customer and/or the location of the relevant information on the Website by the Contractor of information on tracking the Postal item, which is also available on the Website of a particular Operator.
In this case, the Customer/Sender may agree on a new place and time of collection of the Postal item, with payment to the Copyright Holder of additional costs associated with such changes, the amount and procedure for the additional payment is agreed by the parties in any convenient way, including: by sending an email or text message (SMS) to the mobile phone number specified by the Customer, or by exchanging other messages in text message exchange systems, including messengers and social network systems posted on the Internet, and/or by placing the relevant information on the Website of the information on tracking the shipment, which is also available on the Website of a particular Operator.
2.2. The Copyright Holder has the right to:
- carry out the targeting of advertising materials in the process of providing services under this Agreement;
- perform in the process of providing services under this Agreement: processing of personal data, automated processing of personal data, dissemination of personal data, provision of personal data, blocking of personal data, destruction of personal data, depersonalization of personal data, in the manner and under the conditions defined by this Agreement, as well as the norms of current legislation;
- at any time change the composition of the Website, change the interface, the order of access to the Website, the main functionality of the Website without the need for prior notification and (or) subsequent approval by the User. Information about the changes made is brought to the User's attention by posting on the Website and (or)in the Personal Account. Unless otherwise established by the Copyright Holder, the User has the right to use the Website, taking into account the changes (additions) made in the manner provided for in this Offer;
- establish a fee for the use of certain functions of the Website, or to introduce paid services on the Website, payment for the use of which is carried out only with prior notification of Users and obtaining their consent;
- provide advertising, messages and content, including by sending sms advertising notifications (messages), advertising notifications and messages, via e-mail on the Internet, using the services and databases of both the Website itself and the services of third-party (external) sites and resources on the Internet, with the provision of the minimum necessary personal information about the User;
- use "counters" and "analytics" of traffic in the course of providing services under this Agreement, including: "LiveInternet", " Yandex. Metrica", "Google Analytics", etc.;
- the Copyright Holder has the right to suspend the granting of the rights to use the Website to the User who violates the provisions of this Agreement, until the User properly fulfills the obligations assumed. Notification of the suspension of granting rights is sent to the User in electronic form to the User's contact email address with an indication of the violations committed and the time frame for their elimination. In case of failure to eliminate the violations committed within the prescribed period, the Copyright Holder has the right to terminate the provision of the User's rights to use the Website by blocking the User's account on the Website, stopping the User's access to the Website.
2.3. The Customer undertakes not to transfer the following items for delivery:
- narcotic drugs, psychotropic, potent, toxic, radioactive, explosive, toxic, caustic, flammable and other dangerous substances, including those under pressure;
- firearms, pneumatic, gas or edged weapons and their parts, ammunition, fireworks, flares and cartridges;
- medical preparations;
- foreign currency and banknotes of the Russian Federation;
- precious metals, precious stones and articles containing them;
- items and substances that, by their nature or because of the packaging, may pose a danger to people, contaminate or damage (damage) other goods, surrounding people or objects;
- animals and plants, biological materials;
- items that require specially equipped vehicles for transportation, including food products;
- liquids in open containers;
- fragile items without special packaging;
- any other items whose circulation is prohibited or restricted on the territory of the Russian Federation and/or abroad.
The Customer/Sender is aware of and confirms that in case of non-compliance with the above requirements for items transferred for delivery, they are solely responsible for all negative consequences that may occur in the process of providing delivery services, including refusal to deliver.
2.4. The Customer/Sender undertakes to deliver the Postal item to the Courier at the place and within the time specified in the Application, or to ensure that the shipment can be collected.
2.5. The Customer/Sender undertakes to independently provide the Postal item with special packaging that corresponds to the nature of the attachment, the conditions and duration of the Postal item, excluding the possibility of damage to the attachment, as well as causing any harm to other Postal items.
2.6. The Customer/Sender undertakes to immediately notify the Courier of any changes in the Application. Changes can be made before the Postal item is delivered. If such changes entail a change in the cost of delivery services, the Courier immediately informs the Customer/Sender about it. Notification of the new cost of services is carried out by sending a letter by e-mail or text message (SMS) to the mobile phone number specified by the Customer, or by exchanging other messages in text message exchange systems, including messengers and social network systems posted on the Internet, and/or by placing the relevant information on the Website of the information on tracking the shipment, which is also available on the Website of a particular Operator, and is considered accepted, agreed, in the absence of direct objection from the Customer/Sender.
2.7. The Customer/Sender undertakes to pay the Copyright holder the price for the services rendered in a timely manner in the amount and terms provided for in this Agreement.
3. Price and payment procedure
3.1. The procedure, terms of service provision and tariffs are presented in the electronic service on the Website.
3.2. The terms of delivery of the Postal item indicated on the Website when forming the Order are indicative and can be adjusted.
3.3. The estimated cost of services is determined based on the tariff chosen by the Customer, according to which the Postal item will be transported. The final cost of the Postal item is calculated on the fact of the provision of services, taking into account the control weighing of the Postal item and all additional services, including payment of import duties, provided during the delivery of the Postal item.
3.4. If during the transfer of the Postal item to the courier who will collect it from the Operator, it turns out that the paid weight, conditions of carriage, tariff and other conditions affecting the cost of transportation have been changed, the cost of such Postal item will be recalculated and the difference will be taken into account in the form of an additional payment request.
3.5. Payment for services is made in rubles of the Russian Federation.
3.5.1. Payment for services provided through the Website is made by Users through a settlement and banking service provided by third parties.
3.5.2. The Website administration does not control the hardware and software complex of payment systems of providers and is not responsible for errors in such hardware and technical complex.
3.5.3. Additional costs associated with the transfer of funds in the form of a payment system commission are paid by the User.
3.5.4. The User is solely responsible for the correctness of the payments made by them.
Taking into account that all actions for the acceptance of financial obligations by the User are performed through the use of the system of the "double opt-in" type and consist of active actions of the User, therefore, the refusal of these obligations due to their "error" is impossible, and the Website Administration is not considered.
3.6. Payment for services may be made by one of the following persons:
- fully capable User;
- incompetent or partially capable User with the consent of the parent/legal representative;
- third party to whom the User is assigned the performance of a monetary obligation.
3.7. The moment of fulfillment of settlement obligations under this Agreement is the moment of crediting funds to the account of the party that, in accordance with this Agreement, can claim these funds.
3.8. The Copyright Holder has the right to unilaterally change the cost of services (tariffs) for the services provided without prior notice to the User, and the new tariffs are published on the Website. The new cost of services (tariffs) does not apply to services already paid for by the Customer. The new cost of services (tariffs) comes into effect from the moment of publication of the relevant information on the Site, or is reported by the manager during the order process, if the information about the change in the cost of services (tariff) has not yet been published on the Website.
4. Transitional provisions
4.1. The Parties are responsible for non-compliance with the terms of the Agreement in accordance with the legislation of the Russian Federation.
4.2. All disputes and claims arising between the parties under this agreement are resolved through compromise and negotiations. If it is not possible to reach an agreement within ten days from the day when one party notified the other of the dispute, the dispute may be referred to the court. The Parties agree that such a court is the court of choice of the Copyright Holder.
4.3. All notices, claims or other written requests are sent by the Parties to each other at the addresses of the Parties specified in this Agreement. The above notice, claim or other written request shall be deemed delivered if they:
a) are sent by certified mail with return receipt - the date indicated in the notice of receipt,
b) are delivered by courier,
c) are given with the personal signature of the Party or its authorized representative,
d) are directed via e-mail – e-mail the Website Administration: firstname.lastname@example.org, email@example.com
4.3.1. The User or a person who is not registered on the Website, who believes that their rights and interests are violated due to illegal actions of Users or the Website Administration, is obliged to send a complaint to the Website Administration. The Administration reviews and sends a response within 30 days from the date of receipt of the claim.
4.4. The Parties have the right to terminate the Agreement by mutual consent.
4.5. If any of the provisions of this Agreement is declared invalid, this does not entail invalidation of the entire Agreement.
4.6. After the acceptance of this Agreement, all preliminary negotiations on it, correspondence, preliminary agreements and protocols of intent on issues that in one way or another relate to this Agreement become invalid.