Agreement on the use of services
- THE MAIN PROVISIONS OF THE
- When ordering Goods online store, the User agrees to the terms of acquisition of Goods in the online shop via the Website are set out below (hereinafter Terms of sale of goods).
- The user agrees to the Terms of the sale of goods by putting a mark in a separate column when placing the Order or by the Order confirmation, the operator (Manager) on the phone.
- This Agreement shall enter into force from the moment of actual User access to the Website and register on the Website.
The contract of purchase and sale between Buyer and Seller is concluded from the date of shipment to the Buyer by the Seller the email Order confirmation when placing an Order by the Buyer on the Website, as well as from the moment of acceptance of the Buyer's Order at the telephone number listed on the Website, and confirm it with the Seller.
- The information on this Site are purely informative, they can be made any changes (additions, deletions) without any prior notice to the User. The user is obliged to carry out periodic inspections of this Agreement for any changes and is responsible for this failure. The continued use of the Site following the posting of changes constitutes User's acceptance of those changes.
- The relations between the Buyer (natural person) and the Seller provisions of the civil code on retail sales (§ 2 Chapter 30), as well as the Law of the Russian Federation 'On consumer protection' from 07.02.1992, №2300-1 and other legal acts adopted in accordance with them.
The information about the Product presented on the Website, is not a public offer according to article 435 and part 2 of article 437 of the Civil code of the Russian Federation (further – GK the Russian Federation).
- Telling the Seller your e-mail, the User/Buyer consents to the use of its to implement mailings containing information about discounts, upcoming and current promotions and other events of the Seller. The buyer is at any time entitled to refuse these mailings by performing the actions specified in specific message.
- Like many other websites, the online store uses 'cookie' technology with which the Site is configured to work personally with You. In particular, without this technology can not work with a basket.
- All Site content, including the design, structure, appearance, General style and arrangement of content included on the Website belong to the Seller and are protected by the legislation of the Russian Federation.
Except as expressly set forth in this Agreement, no part of the Site and its content may not be copied, reproduced, republished, posted on the Internet, sent by mail, publically demonstrated, encoded, translated, transmitted, or distributed in any way (including 'mirroring') to any other computer, server, web site or other medium for publication or distribution or for any commercial use without the prior Express written consent of the Seller.
- It is prohibited to use any means of gathering information in the Site, automatic devices, programs, algorithms or methods, and any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or its content. Are forbidden to in any way reproduce or circumvent the navigational structure of the Website or any content to obtain or attempt to obtain any materials documents or information through any means not purposely made available through the Site. The seller reserves the right to bar any such activity.
You must not attempt to gain unauthorized access to any portion or feature of the Website and any services offered on or through the Website, by hacking or any other illegitimate means.
It is prohibited to identify, scan, or test the weaknesses in the security system of the Website, or to violate system security or authentication on the Site. Are forbidden to in any way use the Site or any service or information available on the Website or offered through the Website, if the purpose is to reveal any information, including, without limitation, personally identifiable information or information that does not belong to the User.
The user agrees not to use any devices, programmes or procedures for interference or attempt to interfere with the proper functioning of the Site or any operations conducted on the Site, or use of the Website by any other person.
You must not impersonate another person, organization, or representative of another person.
Do not use the Site or any Site content for any purpose prohibited by the legislation of the Russian Federation or this Agreement.
- If the User is a legal entity or an individual entrepreneur, then, unless otherwise specified in this Agreement, each Order is issued a separate Bill-contract, payment on which means the supply agreement between the Parties. The terms of the Account agreement and the current legislation on the contract of delivery have precedence over the terms of this Agreement.
- REGISTRATION ON THE WEBSITE
- Registration on the Website takes place at http://kolesa-na-traktor.ru/create-account
- Registration on the Site is mandatory for Ordering.
- The seller is not responsible for the accuracy and correctness of information provided by the User during registration.
- The user undertakes not to disclose to third parties the login and password provided by the User during registration. Otherwise all the negative consequences of transmission of login and password to third parties related to further actions of these third parties are charged to the Buyer and the Seller is not responsible. In the case of the User suspicions about the safety of his login and password or the possibility of their unauthorized use by third parties, the User undertakes to immediately notify the Seller by sending an email (message).
- Communication User/customer Call center operators/specialists and other representatives of the Seller should be based on the principles of generally accepted morality and communication etiquette. Is strictly forbidden to use swear words, swearing, offensive language, and threats and blackmail, no matter in what form and to whom they were addressed.
- In certain circumstances, the online store may ask You to register and provide personal information. The information provided is used exclusively when processing Order in the online shop or to provide visitor access to specific information.
- By registering, the User consents to the use by the Seller or by an authorized person of the Seller his personal data on the terms specified in the 'Politics of OOO 'Agricoles BELOGORIYA' regarding the processing of personal data'.
- Any feedback on the Website shall be deemed non-confidential. The online store may be free to use such information without restriction.
- The user agrees that the online shop may in its sole discretion and without prior notice, to terminate User's access to the Site and/or block his access to the Site in the future, if the administration of the online store decides that the User has violated this Agreement or recommendation that may be associated with the use of the Site. The online shop shall not be liable to User or any third party for termination of User's access to the Site as a result of any violation of the terms of this Agreement.
The user agrees that the online shop may in its sole discretion and without prior notice, to discontinue his access to the Site for reasons that include (but are not limited to):
- requests of law enforcement or other government agencies
- a User request to delete account on their own,
- termination or change the content of the Site or any service offered on or through the Website,
- unexpected technical issues or problems.
User may be held liable for losses incurred by the Seller or any other user of or visitor in connection with the use of your password or User account by a third party.
The online store guarantees the full confidentiality of information received from registered users.
The online shop guarantees that all information You provide will never, under any circumstances be disclosed to third parties except for the cases stipulated by the current legislation of the Russian Federation.
All information You provide at registration will be stored in a secure database. The online store guarantees complete confidentiality in the performance of the Order, and that customer information will only be used for the execution of the Order.
In addition, by signing up, You will be able to get information about all news of our shop: new arrivals of goods, sales, special programs.
If You have any problems any questions on authorization-check in the store - write on e-mail address firstname.lastname@example.org and we will always help You!
- THE INFORMATION ABOUT THE PRODUCT.
- The product presented on the Site through photo-samples and is the property of the online store.
- Each photo is accompanied by a sample of text information: price (check the prices of the Call center operators/specialists online store) and product description. All the informational materials about products provided on the Website are for reference only and can not fully convey accurate information about properties and characteristics of the goods, including colors, sizes and shapes. In the event of the Purchaser issues concerning the properties and characteristics of the goods before Ordering, the Buyer should contact the Seller.
- At the request of the Buyer specialist of the online store must provide (by phone or by email) other information necessary and sufficient from the point of view of the Buyer, for making a decision to buy the product.
- Listed on the Site price may be changed online store unilaterally. In this case, after issuing the Seller an invoice for payment in the period its validity and (or) after payment price not subject to change.
- In the case of changes in the price of the goods ordered by the Buyer prior to payment, professional online store at the earliest opportunity inform the Purchaser (by phone or e-mail) to obtain consent to change or cancellation. If you cannot contact the Buyer or lack of response from the Buyer within two days the order is canceled.
- Online store reserves the right to expand and reduce product offering on the Site, to regulate access to the purchase of any goods and to suspend or discontinue the sale of any goods at its sole discretion.
- THE ORDER OF PURCHASE.
- The buyer may place an order for any product on the Website. The order may be issued by Buyer following ways: by phone, email or decorated themselves on the Site.
- After ordering by e-mail the Buyer sent a confirmation letter, with notification of acceptance of the order, indicating the names of selected products and total amount of the order. Further specialist online store associated with the Buyer (by phone or e-mail) to receive confirmation of the order.
- In the absence of goods in stock specialist an online store is obliged to notify the Buyer (by phone or by email).
- The buyer is entitled to make reservations for temporarily out of stock item by making payment in the manner agreed with the expert online store. With a prepaid product order is processed only after prepayment.
- In the absence of goods in the warehouse of the Seller the buyer has the right to substitute another item or cancel the order.
- The buyer is entitled to refuse the goods at any time before its transfer in advance informing about this online store (via phone or email), and after goods transfer - within 7 days.
- DELIVERY AND ACCEPTANCE OF GOODS. THE RETURN OF THE GOODS.
- Methods, as well as approximate dates for delivery of goods stated on the Website under 'shipping and payment' at: http://kolesa-na-traktor.ru. Specific delivery times can be agreed upon by the Buyer with a specialist/an Call centre operator to confirm the order.
- Territory delivery of goods on the Website, subject to the limits of the Russian Federation and the CIS countries. If the Buyer had specified the place of delivery of the goods, the Seller may offer the Buyer to change the terms of delivery (delivery) of goods or cancel the Order by notifying the Buyer about it.
- Delays in delivery are possible due to unforeseen circumstances that occurred through no fault of the Seller.
- Delivered the goods to the Buyer (natural person) at his place of residence or other specified address, and in the absence of the Buyer - any person presenting a receipt or other document confirming conclusion of a contract or making delivery of the goods. The representative of the Buyer – legal entity should have the original power of attorney to receive the goods from the Seller, which is transferred to the Seller.
- The risk of accidental loss or accidental damage of the goods passes to the Buyer upon the transfer of the product and affixing Recipient signatures on documents certifying the receipt of goods. In the case of non-delivery of ordered goods, the Seller shall refund the Buyer the cost prepaid by the Buyer of the goods and delivery in full after receiving the delivery confirmation of loss of the goods.
- The shipping cost of each Order is calculated individually based on weight of product, region, and method of delivery, form of payment delivery, and indicated to the Buyer at the last stage of checkout and will be confirmed via e-mail or call control.
- The obligation of the Seller to transfer the goods to the Buyer shall be considered fulfilled at the time of receipt of the goods by the Buyer (Recipient) for the warehouse of the Seller or receipt of goods by the Buyer (Beneficiary) in the representation of the transport company.
- In case of detection in the goods of shortcomings, if they have not been stipulated by the Seller, the Buyer's rights shall be determined in accordance with the current legislation of the Russian Federation.
Seller shall, simultaneously with the transfer of goods transfer to the Buyer (the Recipient) appropriate facilities and relevant to the product documentation (technical passport, quality certificate, instruction manual, etc.), stipulated by the legislation of the Russian Federation.
Upon receipt of the Order the Buyer (Consignee) after payment of the delivered goods is obliged to inspect the delivered product and to produce it the autopsy in the presence of employees of the transport company to check the goods to conform to the quantity, assortment and completeness of the goods, and also to check the integrity of the packaging. In the case of claims to the delivered goods (different from specified in the inventory of the shipment, a manufacturing defect, damaged goods) on the instructions of the Buyer (Recipient) by the workers of the transport company shall be drawn on the identified inconsistencies, after which you are writing the Statement to the return describing the reason for and the Seller sent no later than 20 days after receipt of the goods. If the Buyer (Recipient) was not claimed in the above order, the Seller has fully and duly performed its obligation of delivery of the product.
- In the case of a return delivered by the transport company goods in connection with the claims of the product to the Buyer (Consignee) shall apply to returned goods the following documents:
- the application for refund;
- a copy of the statement of the revealed nonconformities (in accordance with employees of the transport company);
- a copy of the payment order or other document on payment;
- a copy of the inventory of the shipment.
- return form (you can ask the specialist online store).
When the Ordering of the goods of inadequate quality the Buyer – legal entity or individual entrepreneur is obliged to draw up a statement about the shortcomings of the product, designed with the participation of the carrier (if the defects were revealed upon receipt of goods from the carrier), the Act on form TORG-2 and send it immediately to the Seller, attaching a complaint in writing and goods are recognized poorly. In addition to General information, the Buyer is obliged to specify in the Act the grounds on which he believes the product is of poor quality.
- To specify the date, time and if necessary a route of delivery of a specialist who communicates with the customer to confirm the Order.
- The user understands and agrees that: delivery is a separate service not integral acquired by the Buyer of the goods, which ends at the time of receipt by the Purchaser (Recipient) of the goods and payment for it. Complaints about the quality (damaged goods) purchased goods arising after delivery and payment of goods, are dealt with in accordance with the Lawm the Russian Federation 'On consumer protection'. When the Buyer's refusal of goods the Seller must return to him the sum paid by the Buyer under the contract, except for the cost of the Seller on delivery from the Buyer of returned goods, not later than ten days from the date the Purchaser so requires.
- Buyer can collect your goods yourself (pickup).
- Sending and delivery of ordered goods produced within a specified time frame with the Buyer. In case the delivery of goods made within the contractual deadline, but the product has not been delivered to the Buyer through his fault, the subsequent delivery is made to a new date agreed with the Seller after the re-payment by the Buyer of cost of services for the delivery of the goods.
- Return of goods of appropriate quality is possible in case if the specified goods were not in use, its trade dress, consumer properties, as well as a document confirming the fact and conditions of purchase of this product.
- The buyer is not entitled to refuse the goods of good quality, having individually defined properties, unless specified goods may be used only by the Buyer.
The goods of good quality, are transferred to the Buyer – legal entity or individual entrepreneur, is not refundable to the Seller.
- The methods of payment specified on the Website in the section payment Methods. The agreed method of payment is the method chosen by the customer of the available payment methods when Ordering.
- The goods are paid in Russian roubles.
- If prepaid goods Order is accepted for processing only after the funds of the Buyer on the settlement account of the Seller. The merchandise under the Order is reserved for a period of 12 hours from the time of Ordering. After this period the reservation is cancelled and the Seller is unable to guarantee the availability of goods in the warehouse of the Seller, which can increase the processing time of the Order.
- The seller is entitled to provide Buyers with discounts on goods and to set the bonuses. Types of discounts, bonuses, terms and conditions for charges listed on the Website in the relevant thematic units and can be changed by the Seller unilaterally.
The seller has the right to set discounts to promote a particular method of payment or delivery of the goods. The Seller may limit the validity of discounts to limit their size limit, in addition, discounts do not apply to goods at a special price.
- The online store undertakes to:
- To comply with accepted business practice, the terms of this Agreement and approved the Rules of the online store, if any.
- Not to contribute to the implementation of the other persons unauthorized access to the user equipment, including access to information arrays Buyers.
- Below and under certain circumstances the online shop is entitled to refuse service to the Buyer.
- The list of reasons for rejection may be, but is not limited to those listed, in the following cases:
- detection of deliberate deception of the service of the online store;
- any manifestations of threats to the online store;
- harm to the service, even a minor one, and attempts to harm;
- spreading false information about the service of the online store and (or) on the Seller;
- the conversion of one physical or legal person with several rooms of different contacts;
- if the Buyer takes no action upon receipt of the order (not responsible for phone calls courier is at the point of issue or office of the transport company for the order within the agreed timeframe);
- in other cases provided for in this Agreement.
- In the case of denial of service:
- store service terminates to exercise any consultations on any questions;
- information support is not provided;
- measures are being taken to ban new purchases.
- The buyer has the right to:
- To obtain the necessary information about any changes to the service of the online store under this Agreement.
- To refuse unilaterally from the execution of this Agreement, subject to payment by the other Party actually incurred expenses for the provision of those services.
- To transfer the obligation to pay the ordered goods and (or) rendered by the online store services to a third party.
- To enjoy other rights granted in this Agreement and the current legislation of the Russian Federation.
- The rights and obligations of Buyer under this Agreement may not be transferred to third parties without the prior consent of the Seller.
- The parties shall not be liable for non-delivery of messages via any means of communication, including by e-mail due to technical problems in the Internet, loss of communication, problems of hosting the work of anti-spam filters and other reasons beyond the control of the Parties.
- Buyer agrees to pay the bills. The online shop produces customer service if provided by Buyer are insufficient to pay for the goods and (or) provision of related services.
- The agreement is valid from the date of its adoption by the User before receipt of the goods and (or) termination of access to the Site.
- The online store has the right to stop providing all or part of the Services in violation of this agreement by the Buyer.
- If the Buyer provides incorrect information or have an online store there are serious grounds to believe that a Buyer-supplied information is incorrect, incomplete or inaccurate, the Internet shop has the right to suspend or cancel the customer's Order and deny him the use of its Services or their individual parts.
- The termination of Services may be carried out in other cases and on other grounds provided for in this Agreement.
- Upon termination of Services, the online store is not responsible for the notice or not notice any third parties about deprivation Buyer access and for any consequences resulting from such warnings or lack thereof.
- This Agreement is made in Russian and be sure to review all of the parties to the Agreement.
- If for whatever reason one or more provisions of this Agreement be held invalid or unenforceable, this does not affect the validity or enforceability of the remaining provisions.
- In case of questions and complaints from the User (Customer), he must contact the service vendor's customer 8-800-234-324-4 by phone or e-mail address email@example.com. In this case, the Seller's responses to requests from the User (the Buyer) are aimed in the proper form if they are sent to the email address of the User (Customer) specified during registration or in writing at the postal address of the User (Buyer).
- In the event of any dispute or disagreement related to the execution of the Agreement, the Parties will make every effort to resolve them through negotiations between the Parties. If disputes cannot be resolved through negotiations, they shall be settled in the order established by the legislation of the Russian Federation.
- For all other matters not provided for in this Agreement shall be governed by the current legislation of the Russian Federation.
Claims of the Buyer are accepted in writing (including by e-mail) not later than 5 (five) working days from the date of the incident. The claims are considered within 10 (ten) working days.
In this case, the Parties came to an agreement that all disputes under this Agreement involving, but not limited to, c access to the Site, using the Site, purchasing items through the Site, the invalidity of the Agreement or arising out of this Agreement shall be settled in the court of General jurisdiction or arbitration court at the location of the Seller.
- The parties are relieved from responsibility for full or partial failure to fulfill obligations hereunder if such failure was due to the action of force majeure circumstances, namely: natural disasters, war, blockades, acts of government authorities that affect the performance of obligations under this Agreement, other force majeure circumstances. The period of performance of obligations hereunder is delayed in proportion to the time during which it will act in such circumstances.
- The force majeure includes events, which the Parties can not influence and for occurrence of which are not responsible.
- During the period of force majeure the obligations of Parties are suspended. Sanctions for breach of obligations do not apply.
- The party which has created the impossibility of performance of obligations under this Agreement, shall immediately in writing inform the other Party of the occurrence of the above circumstances. Late, over 10 days, notice of the occurrence of naredoima force deprives the Party against which there are such circumstances, the right to refer to them in the future, as the reason of non-performance or improper performance of obligations under this Agreement.
- The online store does not undertake any obligation and assumes no responsibility with respect to that the Site or any content, service or feature of the Website will be error free and uninterrupted or that any defects will be corrected or that the website use will lead to certain results. The website and its contents are provided 'as is' and 'as available' basis. The online shop does not guarantee that any files or other data User downloads from the Website do not contain viruses, any malware or contamination or destructive features. Online store disclaims any and all liability for the acts or omissions of any third parties in connection with User's use of the Site and/or any services an online store. The user assumes full responsibility for your use of the Site and any linked sites and agree to release the Seller from liability in respect of any losses, liabilities or expenses, imposed on Seller by a third party due to, arising out of or in connection with use of this Website. In the case of dissatisfaction with the Site or any content the User undertakes to stop using the Site or any such content. This restriction is part of the contract between the Parties and shall apply to any damages, liabilities or injury caused by any failure of the functioning, failure failure to comply with conditions, interruption, deletion, fault, delay in operation or forwarding a computer virus, a malfunction of the communication line, theft, destruction, unauthorized access, modification, or use, as by reason of breach of Agreement, tort, negligence, and any other grounds.
- Except for the cases imperatively stipulated by law, online store under no circumstances not liable to the User (Buyer) for any indirect, consequential, incidental damages including lost profits, even if Seller has been advised of the possibility of such damages.
- If, notwithstanding the other provisions of this Agreement will be that the Seller is liable to the User of liability for any damage or loss caused by or related to the use of the Site or any of its contents, the Seller's obligations (including the payment of penalties and other payments in the aggregate) under any circumstances can not exceed the maximum amount of 5000 rubles or the cost of the ordered product (depending on what amount would be less).
- The seller is not responsible for damage caused to the User due to improper use of the products ordered on the Website or for the content or operation of external sites.