Terms of order and delivery of goods
1. General Provisions
1.1. These terms of order and delivery (hereinafter referred to as "Terms") describe the relationship between the user of the site https://incomarkt.com (hereinafter referred to as the "Site" and "User", respectively) and RTD LLC (INN 7703416781 OGRN 1167746873315) (hereinafter referred to as the "Aggregator") when placing an order for the Goods from the Seller on the Website or through the Contact Center of the Aggregator and ordering the delivery service of the Goods by the User (hereinafter referred to as the "Service"). When the User places an order for the Seller's product offer (accepting the Seller's public offer), the Aggregator provides the technical ability to transfer information about such an order to the relevant Seller. User, Aggregator and Seller are collectively referred to as Parties.
1.2. The aggregator is the owner of the aggregator of information about goods in the sense established by the Law of the Russian Federation "On Protection of Consumer Rights" dated 07.02.1992 N 2300-1.
Sellers independently post their product offers on the Site as a public offer of the Seller addressed to Users to conclude retail contracts for the purchase and sale of the Goods. The aggregator is not the seller of the Goods under the specified sales and purchase agreements. All relationships associated with the purchase and sale of the Goods arise directly between the Seller and the buyer of the Goods, and the Seller is liable to the buyer of the Goods in accordance with the current legislation of the Russian Federation. The aggregator is not an authorized person of the Seller in the sense of consumer protection legislation.
1.3. A prerequisite for the provision of the Service by the Aggregator is the complete consent and observance by the User of the conditions enshrined in these Terms and in the following documents of the Aggregator: (a) User Agreement posted on the Website at https://incomarkt.com/polzovatelskoe-soglashenie ; (b) the Personal Data Processing Policy posted on the Website at: https://incomarkt.com/politika-obrabotki-personalnyh-dannyh .
1.4. The aggregator reserves the right to make changes to these Terms without any prior notice to the User, in connection with which the User undertakes to regularly monitor changes to the Terms. Changes come into force from the moment they are published on the Site.
1.5. The current and current version of the Terms is always posted on the Site at: https://incomarkt.com/usloviya-zakaza-i-dostavki-tovarov/ .
2. Terms and definitions
2.1. Product - a consumer product or a set of products formed into a single shipment ordered (s) by the User, in respect of which the User and the Seller (s) have entered into a contract for the sale of the Goods.
2.2. Order - a duly completed User's request sent to the Seller through the Site or the Contact Center for the purchase of the Goods in accordance with the product offer posted by the Seller on the Site, containing information, including but not limited to:
information about the method, date and time of delivery;
information about the delivery address of the item;
up-to-date contact information of the Recipient.
2.3. Contact Center - Aggregator's client service that provides services to Users via telecommunication channels. The contacts of the customer service are indicated on the Website in the "Contacts" section at https://incomarkt.com/kontakty .
2.4. Recipient - the User or a third party authorized by him to receive the Goods.
2.5. Seller - an online store (a legal entity or an individual entrepreneur registered in accordance with the legislation of the Russian Federation) owning goods and / or providing a service that they offer to an unlimited number of users of the Site using a remote method, in order to complete a sale and purchase transaction ...
2.6. Carrier - a person who, on the basis of an agreement with the Seller, provides services for the delivery of the Goods. The aggregator is not responsible for the actions of the Carrier, including for violation by the Carrier of the delivery time of the Goods.
The Terms also use the terms defined in the User Agreement of the INCOmarkt.com website located on the Internet at https://incomarkt.com/polzovatelskoe-soglashenie . Terms may be used in the Terms that are not defined by this document and the User Agreement. In this case, one should be guided by the interpretation of the term, defined: first of all - by the current legislation, then - by the prevailing (generally used) on the Internet.
3. Ordering and Delivery
3.1. Costdelivery services are not included in the cost of the Goods and are paid by the User additionally. The cost of delivery of the Goods is calculated when placing the Order. The final cost of the Order is formed from the cost of the Goods and the cost of delivery services.
3.2. The User places an Order in the manner prescribed by the Site interface, or by placing an Order by calling the Contact Center. When placing an Order on the Website, the User fills out an electronic order form for the Goods and sends the generated Order to the Seller through the Website interface. Specific delivery times (time intervals), date and delivery address of the Order may be agreed additionally by the User with the Contact Center operator upon confirmation of the Order.
3.3. When placing an Order from several Products, the User may be given the opportunity to arrange the delivery of one Order in several stages. When the User chooses to deliver one Order in several stages, the cost of delivery services is calculated depending on the actual number of deliveries.
3.4. When the User completes the Order, it means the User's full and unconditional consent to the Terms and Conditions, as well as to the terms and conditions of the contracts for the sale of Goods concluded with the Seller.
3.5. At the time of ordering, the User confirms that:
information about the Goods has been brought to the attention of the User in full;
The user has read all the information about the Goods, the mandatory delivery of which to the consumer is provided for by the legislation on the protection of consumer rights.
3.6. When transferring the ordered Goods to the User (Recipient) who is an individual who uses the Goods for personal needs not related to the implementation of entrepreneurial activities, the Carrier has the right to demand the presentation of a passport or other identity document and the coincidence of the passport data or other identity document with the data specified when placing the Order. In the absence of a passport or other identity document, as well as discrepancies between the specified data and the passport or other identity document, the Goods are not transferred to the User (Recipient). Subsequent delivery is made on new terms agreed with the Seller and the User. Identity documents 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.
3.7. In the absence of the User (Recipient) at the delivery address indicated in the Order on the appointed date, the waiting time for the Carrier's representative at the delivery address is no more than fifteen (15) minutes. After 15 (fifteen) minutes, the Carrier's representative has the right to leave the delivery address without handing over the parcel with the Order to the User (Recipient). In this case, the Carrier is not responsible for the delay in organizing courier delivery and / or non-delivery.
3.8. In case of impossibility of delivery "to the door", the User (Recipient) undertakes to ensure the possibility of delivery of the Goods, taking into account the access system in the territory with limited access. The Carrier is not responsible for the impossibility of delivering the Goods to the User (Recipient) and receiving funds in the territory with limited access, if the User (Recipient) has not provided appropriate access.
3.9. Ownership of the Goods and the risk of accidental loss or accidental damage to the Goods passes to the User at the time of the transfer of the Goods and the User (Recipient) affixes a signature on the delivery form.
3.10. Upon acceptance of the Goods, the User (Recipient) is obliged to inspect the delivered Goods and check it for compliance with the declared quantity, assortment and completeness of the Goods, as well as check the integrity of the packaging and make sure that there are no visible mechanical damages on the Goods. In the absence of claims to the delivered Goods, the User (Recipient) signs in the delivery form. The signature on the delivery form indicates that the User has not made any claims to the Goods, and the Seller has fully and properly fulfilled his obligation under the contract of sale, including in accordance with the Law "On Protection of Consumer Rights", provided the User with information in writing about Goods of the Order, as well as information on the procedure and timing of the return of the Goods. After acceptance of the Goods by the User (Recipient), the Seller does not accept claims for the quantity, assortment, completeness of the Goods.
3.11. The parties recognize the equal legal force of a handwritten signature and facsimile reproduction of a signature by means of mechanical or other copying, in particular, using tablets to generate a facsimile signature.
3.12. In case of acceptance of the Goods using automated pick-up points ReceiveThe seller is obliged to immediately inspect the delivered Goods and check it for compliance with the declared quantity, assortment and completeness of the Goods, as well as check the integrity of the packaging and make sure that there are no visible mechanical damages on the Goods, and if any of the above inconsistencies are found, inform the Seller about them within 2 (Two) hours from the moment of entering the received unique code entered by the User upon receipt of the Goods using an automated point of issue. After this period, the Goods are considered accepted by the Recipient, and the Seller does not accept claims for the quantity, assortment, completeness of the Goods.
3.13. If the Product is found to be of inadequate quality or does not correspond to the ordered assortment (re-grading), the User has the right, upon transfer of the Product, to refuse this Product and demand replacement for the proper Product in the assortment provided for the ordered Product, or a refund for the Product that was not actually transferred. Goods transferred in violation of the assortment condition are subject to return to the Seller. The replacement of the Product that does not correspond to the ordered assortment is carried out within the time frame agreed with the Seller. If it is impossible to replace the Goods, the Seller notifies the User about this, and the money actually paid for the not transferred Goods and for its delivery must be returned within 30 (thirty) days from the moment the Seller sends the User a notification about the impossibility of replacing the Goods. Refunds to the User are made to the account from which the delivery payment was made.
4. Payment for the Order
4.1. The user placing an order on the Site is given the opportunity to choose a payment option using one of the methods provided by the Site (depending on the conditions provided by the Sellers):
4.1.1. Courier upon receipt (cash or card);
4.1.2. Payment by credit card Visa, Master Card or Mir immediately after placing an Order through the Site;
4.1.3. Cashless settlement (by invoice), for which the User needs to print out the invoice, pay it and, after payment, contact the Seller to clarify the date of receipt of the Order;
4.2. In the cases provided for in paragraphs. 4.1.2 - 4.1.3. Of the Terms, payment is made to the account of the Aggregator, which, in terms of accepting funds as payment for the Goods, acts on behalf of the relevant Seller with the involvement of an authorized payment acceptance operator or electronic money operator and is the recipient of the payment as the Seller's agent.
The aggregator is not a paying agent when making settlements in accordance with clause 4.6 of the Conditions in accordance with subparagraphs 1, 4 of part 2 of article 1 of the Federal Law "On the activity of accepting payments from individuals carried out by payment agents" dated 03.06.2009 N 103-FZ.
4.3. In the case provided for in paragraphs. 4.1.1 of the Conditions, the Carrier, upon transferring the delivered Goods to the User (Recipient), accepts from the User funds for transportation services, as well as for the Goods transferred to the User in order to repay the User's obligation to the Seller under the sale and purchase agreement concluded between the User and the Seller, and is the payee as the Seller's agent.
The acceptance of funds by the Carrier in accordance with this clause of the Conditions is carried out exclusively in connection with the delivery of the Goods to the User as payment for the Goods. In accordance with subparagraph 1 of part 2 of article 1 of the Federal Law "On the activity of accepting payments from individuals carried out by payment agents" dated 03.06.2009 N 103-FZ, the provisions of the above law do not apply to settlements for delivered Goods under a sale and purchase agreement, concluded between the Seller and the User.
4.4. The choice of the appropriate form of payment is made by the User on the Site. The aggregator does not guarantee the availability of cashless payments at any time.
4.5. In the cases provided for by the current legislation, when making payments for the Order on the Internet, the cashier's receipt is sent to the email address specified by the User when placing the Order.
5. Cancellation of the order. Refusal of the User from the Goods. Purchase returns.
5.1. Cancellation of the Order by the Seller:
5.1.1. If the User has not paid for the Order (if the User chooses the payment method for the Order specified in clauses 4.1.2 - 4.1.3. Of the Terms);
5.1.2. If the Seller failed to contact the User / recipient of the Order using the contact information specified by the User in the Order;
5.1.3. If the User is not satisfied with the delivery time (time period);
5.1.4. The absence of the Goods in the warehouse or if the Goods to be delivered to the User are damaged;
5.1.5. In other cases when the Seller cannot fulfill the Order;
5.1.6. Refusal of the User from the Productand in cases provided for by law.
5.2. Cancellation of the Order by the User:
5.2.1. The User can cancel the Order if the Order has not yet been delivered for delivery, the User may be given the opportunity to cancel it on the Site (the "Cancel Order" button or another similar button) or by calling the support service by phone +7 (499) 348- 85-20. The user can only refuse the entire Order as a whole. Refusal to purchase part of the Goods included in the Order is impossible;
5.2.2. After the transfer of the Order for delivery, the cancellation of the Order is impossible. In this case, the User is guided by clause 5.3 of the Terms.
5.3. Refusal of the User from the Order:
5.3.1. The User is given the opportunity, upon receipt of the Order (in the case of its delivery by courier), to refuse the Order in whole or in part, if the right to partially cancel the Order is granted by the Seller.
5.3.2. The Seller has the right to withhold from the User the cost of the services rendered to him for the delivery of the Goods specified in the Order in the cases specified in cl. 4.1.2 - 4.1.3. Of the Terms (or require the User to pay them to the settlement account of the Seller or the Aggregator if the User chooses the payment method provided for in clauses 4.1.1 of the Terms) in the following cases:
184.108.40.206. In case of refusal of the User from the Order or part of it upon receipt, if such refusal is not associated with inadequate quality of the Goods or non-compliance with the ordered assortment (re-grading);
220.127.116.11. In case of evasion of the User (recipient) from receiving the Order and / or failure to appear at the point of issue of orders;
18.104.22.168. If it is impossible to deliver the Order due to the provision of inaccurate data by the User;
22.214.171.124. If the User (recipient) does not provide an identity document.
5.3.3. If the User refuses the Goods of inadequate quality or the Goods that do not correspond to the ordered assortment (re-grading), upon receipt, the cost of services for the delivery of the Order with such Goods is not payable by the User who has chosen the method of payment for the Order provided for in cl. 4.1.1 of the Terms, or is subject to refund to the User by the Seller, if the User has chosen the methods of payment for the Order provided for in clauses 4.1. 4.1.2 - 4.1.3. Conditions. In the event that the Goods were damaged during delivery, the Seller returns to the User who refused the Goods upon receipt of the amount paid by the User, which is the cost of the Goods and the cost of the service for the delivery of the Goods.
5.3.4. The User has the right to make claims to the Aggregator for the return of funds paid for the Order only if there are two conditions at the same time:
126.96.36.199. The Order paid by the User was not delivered (a notification about the readiness of the Order for issuance was not received) within the timeframe provided for by the Order;
188.8.131.52. The User sent a notice to the Seller of the refusal to execute the purchase and sale agreement due to the Seller's violation of the obligation to transfer the Order within the specified period.
In this case, the return of funds is made by the Aggregator within the terms provided for by the Law “On Protection of Consumer Rights”.
5.4. Return of the Goods by the User:
5.4.1. The return of the Goods to the Seller is carried out by the User in the cases and in the manner prescribed by the legislation of the Russian Federation. The data of the Seller of the Goods is provided to the User in the interface for placing an Order on the Site, and is also sent by e-mail along with the confirmation of the Order. After the expiration of 7 (seven) calendar days from the date of receipt of the Goods by the User, the User wishing to return the Goods applies the specified requirement directly to the Seller.
5.4.2. Goods of good quality are not subject to return, the list of which is established by the Decree of the Government of the Russian Federation of 01/19/1998
No. 55 "On approval of the Rules for the sale of certain types of goods, the list of durable goods, which are not subject to the buyer's requirement for the free provision of similar goods to him for the period of repair or replacement, and the list of non-food goods of good quality that are not subject to return or exchange for similar goods of others. size, shape, dimension, style, color or configuration ”.
6. Other conditions
6.1. The user confirms that he is legally competent and has reached the age required in accordance with the legislation of the Russian Federation to carry out transactions provided for in these Terms.
6.2. The aggregator is not responsible for:
6.2.1. Temporary failures and interruptions in the operation of the Service, and the loss of information caused by them, as well as the safety of information, the correctness and timeliness of its transmission and delivery;
6.2.2. Reliability, quality and speed of the Service and for the safety of the information created, used and received by the User.