1. General Provisions
1.1. The subject of this site user agreement (hereinafter referred to as the "Agreement") is the relationship between RTD LLC (TIN 7703416781 OGRN 1167746873315) (hereinafter referred to as the "Aggregator") and an Internet user (hereinafter referred to as the "User"), collectively hereinafter referred to as the "Parties "Arising from the use of the Internet resource incomarkt.com (" hereinafter referred to as the "Site"), including all levels of the specified domain, on the terms specified in this Agreement.
1.2. The Agreement enters into force from the moment the User expresses consent to its terms in the manner provided for in clause 1.3 of the Agreement, and is valid indefinitely. The aggregator offers Users access to the Site, its services, functionalities, including the means of ordering goods, delivery, payment and other services provided by the Site.
1.3. All the functionality of the Site that currently exists, as well as the addition of new services of the Site, are governed by this Agreement, as well as the terms of contracts and agreements concluded between the User and the Aggregator, if their subject is related to the User's use of the Site. The terms can be changed by the Aggregator without any special notice, the new version of the Agreement comes into force from the moment it is posted on the Internet at the address specified in this paragraph, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always on the page at https://cdek.market/polzovatelskoe-soglashenie. The Agreement uses the terms defined in the Terms of Order and Delivery, located on the Internet at https://incomarkt.com/usloviya-zakaza-i-dostavki-tovarov .
1.4. The user under the Agreement is both a person who has passed the registration procedure on the Site, as a result of which an account was created, and a person who accesses the Site functionality, the Aggregator's contact center employees, the Aggregator via e-mail, fax and other means of communication, including when placing an order, without creating an account.
1.5. Using the Site, any functionality of the Site and / or any service and / or its individual functions, the User is considered to have accepted the terms of the current Agreement in full, without any reservations or exceptions. If the User disagrees with any provisions of the Agreement, the User is not entitled to use the Site. If the Aggregator made any changes to the Agreement in the manner prescribed by this clause, with which the User does not agree, he must stop using the Site.
1.6. The functionality of the Site is provided to the User free of charge, unless specifically indicated otherwise. The provision of certain services by the Aggregator is governed by special agreements and / or rules.
2. User account
2.1. check in
2.1.1. To gain access to certain functionality of the Site and / or to order goods and services, the User must complete the registration procedure, as a result of which a unique account will be created for the User.
Registration is a set of actions of the User in accordance with the instructions on the Site, including the provision of data and other information made by the User when placing an Order on the Site for the first time or directly using a special registration form of the Site's user interface in order to gain access to various functionality of the Site and form personal account. A personal account is a personal section of the User on the Site, associated with the User's account on the Site, in which the User can interact with the Aggregator on the terms proposed by the Aggregator.
One unique account can be created for one User. Creating more than one account for one person is a violation of this Agreement.
2.1.2. When completing the registration procedure, the User confirms that he is an adult and fully capable individual, capable of performing any actions related to the use of the Site, its functionality and / or services, as well as to conclude agreements and contracts with the Aggregator.
To register, the User undertakes to provide accurate and complete information about himself on the proposed issues and to keep this information up to date. If the User provides incorrect information or the Aggregator has reason to believe that the information provided by the User is incomplete and / or unreliable, the Aggregator has the right, at its discretion, to block or delete the User's account and refuse the User to use the Site, its functionality and its services, as well as terminate the contractual obligations arising from the actions of the User.
2.1.3.The Aggregator reserves the right to require the User to confirm the data specified during registration, as well as to request, in this regard, at any time supporting documents, failure to provide which, at the Aggregator's discretion, may be equated with the provision of inaccurate information and entail the consequences provided for in clause 2.1. .2 Agreements. In the event that the User's data specified in the documents provided by him does not correspond to the data specified during registration, as well as in the case when the data specified during registration does not allow the User to be identified, the Aggregator has the right to deny the User access to the account and use the functionality. Site and services of the Aggregator.
The identity documents of the User include a passport of a citizen of the Russian Federation, a driver's license, a sailor's passport, a military ID, a passport of a foreign citizen, a document proving the identity of a foreign citizen. Forgery of the User's identity card or other official document granting rights or releasing from obligations, in order to use it, is a criminal offense under the legislation of the Russian Federation.
2.1.4. Upon completion of the registration procedure, the User independently sets a password to access the account. The aggregator has the right to set requirements for the login and password (length, allowed characters, etc.). The User's phone number or the User's email address is used as the User's login. Subsequently, the User has the right, in agreement with the Aggregator, to change his username and password, while the entire history of relationships and obligations of the User and the Aggregator is saved.
The User registration procedure is carried out in accordance with the rules established by this Agreement and the current interface of the Site. Registration of an account is carried out to one e-mail address and a telephone number of the User once. Re-registration of a new account on the Site using the email address and phone number previously specified during registration is not allowed.
For the purposes of this Agreement, after confirming the registration of the User, the commission of any actions by the User causes the rights and obligations of the User to arise.
2.1.5. In order to comply with the requirements of applicable law, the Aggregator identifies the User, including on the basis of documents provided by the User.
2.1.6. All actions of the User authorized on the Site, performed using a unique username and password of the User, his email address specified during registration on the Site, the Parties recognize as committed using a simple electronic signature of the User. Orders placed using the Site, as well as messages sent from the User's contact e-mail address, are recognized as equivalent to a document personally signed by the User.
2.1.7. Users authorized on the Site may have access to additional functionality of the Site and the ability to enter into various legal relationships with the Aggregator, conclude agreements and contracts with the Aggregator.
2.2. Termination of use of the account
2.2.1. The Aggregator has the right to block or delete the User's account, as well as deny access using any account to the Site and its functionality, including if the User violates this Agreement or the terms of other documents governing the relationship between the User and the Aggregator.
2.2.2. Regardless of the deletion of his account on the Site, all the obligations of the User in relation to the Aggregator, including the current orders for the services and services of the Aggregator, made through the functionality of the Site, remain in force until their complete execution by the User, unless the Aggregator has not directly released the User from of these obligations.
2.3. User's personal data
2.3.1. In the process of using the Site and the functionality provided by the Aggregator through the Site (including when registering, editing an account, placing an order for any goods and services through the Site functionality, but not limited to the above), the User independently and voluntarily decides to provide The aggregator of information about the User for the purposes of the execution of the Agreement and the relevant contracts and agreements concluded between the Aggregator and the User, as well as for the purposes of processing personal data provided for by the legislation of the Russian Federation, as well as all other existing or future agreements and contracts between the Aggregator and The User, and also hereby declares his consent to the processing by the Aggregator and persons belonging to the group of companies of the Aggregator, personal and other yesdata of the User, their transfer for processing to third parties acting on behalf of the Aggregator, including for the following purposes, but not limited to the following: providing consulting support to Users in connection with the use of the Site, obtaining statistical and analytical data to improve the functioning of the Site, obtaining information and / or advertising messages of the Aggregator, warning or suppression of illegal and / or unauthorized actions of Users or third parties, ensuring compliance with the requirements of applicable law. The aggregator takes all necessary measures to protect the User's personal data from unauthorized access by third parties.
2.3.2. The Aggregator, on behalf of the User and in order to execute the User's Orders, provides Sellers and Payment System Operators with the Personal Data of the User (payer and / or recipient of the Order) in the following volume and in the following cases for their processing for the purposes indicated below:
after the Seller confirms the User's Order, for the purposes of executing the User's Order, in addition to the list of ordered goods, their quantity, cost, the expected delivery date, the required date and time of shipment, as well as other information, the Aggregator informs the Seller solely for the purpose of executing the Order by the Seller the name , name, patronymic, telephone number, e-mail address of the User, information on the method of delivery of the goods (in the case of delivery by means of the Seller, also the surname, name, patronymic, delivery address and telephone number of the recipient of the Goods, if the recipient of the Goods differs from the User (Buyer), information on the method and state of payment for the Goods;
in case of receipt of a request for the return of the Goods purchased on the Site, in order to consider the requirements for the return and the implementation of the return - the last name, first name, patronymic of the person who applied for the return of the goods, the number of the identity document, information about the issuing authority and the date of issue , phone number, e-mail address, number and date of the Order, information on the method and status of the return of the goods;
in cases stipulated by the Policy for the processing of personal data and other user documents of the Site, including if the Aggregator receives a statement of violation of intellectual or other rights of third parties, in order to resolve the received claims - in relation to each of the individuals indicated in the application as the copyright holder , another injured person or his representative: last name, first name, patronymic, information about the number of the identity document, the issuing authority and the date of issue, telephone and (or) fax number, e-mail address; other information contained in the application;
in case of receiving other statements, responses, claims, complaints, messages or documents addressed to the Seller - in order to prepare a response and take the necessary measures - no more than in the amount received by the Aggregator.
In other cases and purposes, as described in the Personal Data Processing Policy and other user documents.
2.3.3. The aggregator has the right to use the received Personal data of the User and other persons solely for the purposes provided for in this section of the Agreement, and is obliged to stop such use when the specified processing goals are achieved.
2.3.4. All information about the User (regardless of whether or not such information is classified by the applicable law as personal or other data subject to protection) posted by the User on the Site / information transmitted by the User to the Aggregator is posted / transmitted by him in the interests of the User.
2.3.5. The aggregator collects and stores only that personal information that is necessary for the provision of the functions of the Site, the provision of its services and for the execution of agreements and contracts with the User, except for cases when the legislation provides for the mandatory storage of personal information for a period specified by law.
The aggregator stores the User's personal information in accordance with the requirements of the legislation of the Russian Federation and with the Personal Data Processing Policy at: https://incomarkt.com/politika-obrabotki-personalnyh-dannyh .
2.4. Safety and responsibility
2.4.1. The user is solely responsible for the security (resistance to guessing) of the means of access to the account chosen by him, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using the functionality of the Site and services of the Aggregator under the User's account. The User undertakes not to transfer 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 usingThe functionality of the Site and / or the services of the Aggregator under the User's account are considered to be produced by the User himself.
2.4.2. The User is obliged to immediately notify the Aggregator about any case of unauthorized (not authorized by the User) access to the Site using the User's account and / or about any violation (suspicion of violation) of the confidentiality of his means of access to the account. For security purposes, the User is obliged to independently carry out a safe shutdown of work under his account at the end of each session of work with the Site. The aggregator is not responsible for the consequences of any nature that may occur due to the violation by the User of the provisions of this part of the Terms.
2.4.3. It is not allowed to use, distribute, copy and / or extract from the Site manually or automatically (using automated programs: scripts, bots, crawlers) of any materials or information. Any such use, distribution, copying of the Site's information is illegal, and the Aggregator reserves the right to oppose such illegal actions.
3. Consent to receive messages
3.1. The aggregator has the right to send information and advertising messages to its users.
3.1.1. When using the Site through the appropriate interface of the Site, the User in accordance with part 1 of Article 44.1 of the Federal Law "On Communications" Federal Law of 07.07.2003 N 126-FZ gives his consent to receive informational messages, including receipt of cash receipts in electronic form ... Providing the User with the specified information is necessary for him to use the services of the Site. If the User does not agree with the terms of this sub-clause, he should refrain from using the services of the Aggregator.
3.1.2. When using the Site, the User also, in accordance with Part 1 of Article 18 of the Federal Law "On Advertising" dated 13.03.2006 N 38-ФЗ, gives his consent to receive messages of an advertising nature through the appropriate interface of the Site.
3.2. The user has the right to refuse to receive further advertising messages by clicking on the appropriate link in the received information / advertising message, if any, or by contacting the Website support service by e-mail, or by leaving a corresponding request by contacting the Aggregator's Contact Center by phone. A user who, in one way or another, has agreed to receive advertising messages and has not refused to receive them, is a Subscriber of the Site.
4. Rules for ordering goods
4.1. On the Site, the User has access to a database, which is an information and reference system containing information about goods / services intended for potential buyers / consumers of goods / services. Information about goods / services presented on the Site is based on information provided by Sellers.
4.2. For certain product offers on the Site, the User is given the opportunity to place an order for the Goods (Services) in the Seller's stores (hereinafter - the "Order"). By placing an Order, the User agrees to the terms and conditions set forth in this Agreement, the Terms of Order and Delivery, if applicable. Certain functionality of the Service may differ or be unavailable for the User on the pages of the Site, optimized for mobile devices, or in the mobile application.
4.3. The aggregator is the owner of the aggregator of information about the Goods in the sense established by the Law "On Protection of Consumer Rights" of the Russian Federation of 07.02.1992 N 2300-1. Placing an Order means an expression of the User's intention to conclude a sale and purchase agreement with a specific Seller in relation to the selected Product and / or Service as its Buyer. The User understands that he enters into a sales and purchase agreement directly with the Seller, and not with the Aggregator. All rights and obligations under the sales contract with the User arise from the Seller.
If the User refuses to execute the sales contract, a notice of refusal to execute the sales contract is sent by the User directly to the Seller through the Aggregator in the manner prescribed by the Terms of Order and Delivery of Goods https://incomarkt.com/vozvrat/ .
4.4. When placing an Order, the User must provide reliable data regarding the identity of the recipient of the Order and methods of communication with the User or another recipient of the Order. The User assumes all risks, including the risk of non-execution or improper execution of the Order, if the User indicates incorrect data.
4.5. The Aggregator provides the User with information support when placing an Order and executing it by the Seller. By placing an Order, the User agrees to receive information messages from the Aggregatorand (or) a delivery service and (or) a contact center, for example, e-mails, SMS-messages and messages via other communication channels specified by the Buyer, with information about the processing of the Order.
4.6. Information about Orders is available to the User in the User's Personal Account on the Site. The User can change or cancel the Order in accordance with the Terms of Order and Delivery.
4.7. If the User repeatedly cancels Orders, refuses to accept the Goods of good quality, or commits violations of the Agreement or other provisions published on the Site, the Aggregator has the right to unilaterally change the conditions for using the Site functionality for such User.
5. Exclusive rights
5.1. All objects available on the Site, including design elements, text, graphics, illustrations, databases and other objects (hereinafter referred to as the content of the Site), as well as any content posted on the Site, are subject to the exclusive rights of the Aggregator or other copyright holders.
5.3. When uploading / adding any reviews to the Site, the User is responsible for the compliance of the content posted by the User with the requirements of current legislation, including liability to third parties in cases where the content of reviews violates the rights and legitimate interests of third parties, including the personal moral rights of the authors, other intellectual rights of third parties, and / or infringes on their intangible benefits.
When using the Site, the User does not have the right to leave reviews that are illegal, malicious, defamatory, violate intellectual property rights and copyrights.
5.4. The User acknowledges and agrees that the Aggregator does not check reviews uploaded by the User through the Site. The User understands and agrees that he must independently assess all the risks associated with posting reviews on the Site, as well as reimburse all losses of the Aggregator in case of any claims to the Aggregator in connection with the reviews left by the User on the Site.
5.5. In order to ensure the functioning of the Site, the implementation of the legal rights and interests of the Aggregator, including the provision of legal protection of the relevant objects, as well as for marketing purposes, the User grants the Aggregator a valid everywhere, unlimited free right to use the reviews uploaded by the Users in any way during the entire period of the exclusive right and Agreements.
6. Limitation of Liability
6.1. The user uses the Site at his own risk. Taking into account the principles of construction and functioning of the Internet, the functionality of the Site is provided "as is". The aggregator does not assume any responsibility, including for the compliance of the Site with the goals of the User.
6.2. The aggregator provides Users with access to the Site and maintains the proper functioning of the Site, promptly restores its operability in the event of technical failures and interruptions. However, the Aggregator does not provide guarantees for the uninterrupted operation of the Site and compliance with any terms for restoring the Site's performance in case of interruptions in work. The aggregator does not guarantee that the Site meets / will meet the requirements and expectations of the User, as well as that the functionality of the Site will be provided continuously, quickly, reliably and without errors. The aggregator takes the necessary measures in order to provide the User with a high-quality service, including during technical breaks in the operation of the Site. All technical failures and system errors that have arisen should be reported to the e-mail address of the technical support of the Site.
6.3. The aggregator is not responsible for non-fulfillment or improper fulfillment of its obligations due to failures in telecommunication and energy networks, actions of malicious programs, as well as unfair actions of third parties aimed at unauthorized access and / or disabling the software and / or hardware complex of the Service.
6.4. The aggregator is not responsible for any types of losses of the User arising from the use of the Site by the User or its individual functionality.
6.5. The Agreement extends its effect to all types of interaction between the User and the Aggregator, including but not limited to those listed below: any actions of the User performed through the Site interface, mail, SMS and e-mail, communication with the contact-ccenter of the Aggregator. The user undertakes to show respect, tolerance and attentiveness and clearly express his thoughts when communicating with the employees of the Aggregator, not to use obscene language, and also not to use insults and not express his dissatisfaction in a rude form. If the User violates the provisions of this clause and other conditions set forth in this Agreement, the Aggregator reserves the right to restrict interaction with such User.
6.6. In the event of claims or wishes to the Aggregator, as well as in the event of any alleged violation of property or personal non-property intellectual rights, as well as other personal non-property rights of third parties in connection with the content posted on the Site, the User must notify the Aggregator of his claim, wish or suspected violation by sending a statement or email notification to email@example.com .
The term for consideration by the Aggregator of the claim is 7 (seven) working days, unless another special response period is expressly provided for by Russian legislation.
7. Other provisions
7.1. This Agreement is an agreement between the User and the Aggregator regarding the procedure for using the Site.
7.2. This Agreement is governed by and construed in accordance with the legislation applicable to the legal relationship between the User and the Aggregator for the Goods / Services ordered using the Site.
7.3. If, for one reason or another, one or more of the provisions of this Agreement are found to be invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the Agreement.
7.4. The Parties undertake to maintain confidentiality and, without the written consent of the other Party, not disclose or make available to third parties any information that is the property of the other Party or has signs of such.
7.5. The Parties acknowledge all information received by the User in the course of the User's work with the Site and receiving the services of the Aggregator, which has confidentiality (confidential information).
7.6. The user undertakes not to disclose confidential information to anyone, except as provided by applicable law in pursuance of the requirements of the authorities, law enforcement agencies or the court, or when such information is publicly available, or by mutual agreement of the Parties.
7.7. Information is not considered confidential if such information:
is publicly available;
was known to the receiving Party at the time of disclosure;
disclosed inadvertently despite taking the same precautions that the accused Party takes for its proprietary information.
The Party that violated this provision undertakes to reimburse the second Party for all losses provided for by the current legislation that the second Party suffered in connection with the disclosure of information related to the execution of the Agreement.