User Agreement

LLC "TechnoMarketingSolution", hereinafter referred to as the Rightholder, represented by General Director Irina Il'inih, acting on the basis of the Charter, addresses this Agreement (hereinafter referred to as the Agreement) to any person (an indefinite circle of persons) who has expressed readiness to conclude a contract on the terms set forth below (hereinafter referred to as the User).

This Agreement, according to clause 2 of article 437 of the Civil code of the Russian Federation, is a public offer, the acceptance of which is the performance of actions provided for in the Agreement.

Definitions

1.       The terms of the Agreement govern the relationship between the copyright Holder and the User and contain the following definitions:

2.      Offer — this document (Agreement) posted on the Internet at: https://shop.silkwayrally.com/.

3.      Acceptance — full and unconditional acceptance of the offer by performing the actions specified in clause 3.1 of the Agreement.

4.      The copyright holder is a legal entity (technomarketing Solution LLC) that placed the offer.

5.      User — a legal entity or legally capable individual who has entered into an Agreement by means of acceptance on the terms contained in the offer.

6.      Online store - a site specially created for purchases and sales via the Internet (hereinafter referred to as the Site).

7.      Content - information presented in text, graphic, audio-visual (video) formats on the Site, which is its content. The Site content is divided into the main – user content, and the auxiliary – administrative content, which is created by the copyright Holder to facilitate the functioning of the Site, including the Site interface.

8.      Simple (non-exclusive) license - a non-exclusive right of the User to use the result of intellectual activity specified in clause 2.1 of the Agreement, with the right Holder retaining the right to issue licenses to other persons.

9.      Personal account is a virtual tool for personal self-service of the copyright Holder, located on the official website: https://shop.silkwayrally.com/.

10.   Personal User account - a unique username and password to log in to your personal account.

11.   Product - a Product presented for sale on the copyright Holder's Website.

12.   Order – a properly executed request from the user to purchase and deliver a list of Products selected on the copyright Holder's Website to the address specified by the User.

Agreement subject

13.   This Agreement defines the terms and conditions for the User's use of the online store-the Official online store of the silk Road rally, which is owned and administered by the copyright Holder (hereinafter referred to as the Site).

14.   The relations between the Rightholder and the User of the provisions of Chapter 30 of the Civil code of the Russian Federation on retail purchase and sale, as well as the RF Law "On protection of consumer rights" from 07.02.1992 № 2300-1 and other legal acts adopted in accordance with them.

15.   The rightholder guarantees that it is the rightholder of exclusive rights to the Site specified in clause 2.1 of the Agreement.

16.   By ordering Products through the Site, the User agrees to the terms of sale of Products located at the link: https://shop.silkwayrally.com/help/.

17.   The User can place an order for a Product in the following ways:

18.   - received by phone: +7 495 780-01-51 or by email: shop@silkwayrally.ru;

19.   - designed by the User independently on the site of the copyright Holder.

20.   The user independently selects the product on the Site and puts it in the shopping Cart for placing an order. Placing an Item in the shopping Cart is not an order. the User can delete and add Items to the shopping Cart before placing an order.

21.   Before ordering the Product, the User undertakes to read the rules for delivery and payment of the order, as well as the conditions for returning the Product, located at the link: https://shop.silkwayrally.com/help/.

Accepting the terms of the agreement

22.   Acceptance (acceptance of the offer) is the registration of the User's personal account.

23.   The contract of purchase and sale of Goods is considered concluded from the moment when the copyright Holder issues the User a cash or commodity receipt or other document confirming payment for the Goods, or from the moment when the copyright Holder receives a message about the User's intention to purchase the Goods.

24.   By performing actions to accept the offer in the manner specified in clause 3.1 of the Agreement, the User guarantees that he has read, agrees, fully and unconditionally accepts all the terms of the Agreement, and undertakes to comply with them.

25.   The User hereby confirms that acceptance (performing actions to accept the offer) is equivalent to signing and concluding an Agreement on the terms set forth in this Agreement.

26.   The offer comes into force from the moment it is published on the Internet at https://shop.silkwayrally.com/ and is valid until the offer is withdrawn.

27.   This Agreement is published in writing on the Site. If necessary, any person may be given the opportunity to review the paper version of the Agreement at the copyright Holder's office upon request.

28.   The agreement can only be accepted as a whole (clause 1 of article 428 of the Civil code of the Russian Federation). After the User accepts the terms of this Agreement, it becomes a contract concluded between the copyright Holder and the User, while such a contract as a paper document signed by both Parties is not executed.

29.   To organize interaction between the copyright Holder and the User, the User independently registers a Personal account in the following order: a personal account is created in the "Basket", when creating an order and specifying the delivery address, delivery method, and payment.

30.   The User's Personal account contains the following information about the User: full name, delivery address, phone number, and email.

31.   The copyright holder reserves the right to make changes to this Agreement without any special notice, and the User undertakes to regularly monitor changes in the Agreement. The new version of the Agreement comes into force from the moment it is published on this page, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always available on this page at: https://shop.silkwayrally.com/terms/.

Rights and obligations of the parties

32.   The copyright holder undertakes to:

1.       Within 30 calendar days from the date of receipt of the notification of the User by own strength and at own expense to eliminate the identified shortcomings by the User of the Site, namely:

2.      - if the content of the Website stated in clause 2.1 of the Agreement;

3.      - the presence of materials in the Site that are prohibited from distribution by law.

4.      Provide the User with information about the main consumer properties of the Product, the place of manufacture of the product, the full brand name (name) The right holder, the price and terms of purchase of the Product, its delivery, service life, expiration date and warranty period, the procedure for payment for the Product, as well as the period during which the offer to conclude a contract is valid, that is, complete, reliable and accessible information describing the proposed Product.

5.      Refrain from any actions that may make it difficult for the User to exercise the right to use the Site within the limits set by the Agreement.

6.      Provide information on how to work with the Site via email, forum, or blog. Current email addresses can be found in the "Contacts" section of the Site at: https://shop.silkwayrally.com/contacts/.

7.      After placing an Order on the Site, send the User a confirmation message via SMS or a phone call from the Manager. The Manager responsible for this Order must specify the Order details and agree on the date, place and time of delivery. If the Rightholder does not have the ordered Product or the required quantity of the ordered Product in the warehouse, the Rightholder informs the User about this by phone call or email.

8.      Use all personal data and other confidential information about the user only for the provision of services in accordance with the Agreement, and do not transfer to third parties the documentation and information about the User held by the User.

9.      Ensure the confidentiality of information entered by the User when using the Site through the User's personal account, except in cases where such information is posted in publicly accessible sections of the Site (for example, chat).

10.   Advise the User on all issues related to the Site. The complexity of the issue, scope, and timing of consultation are determined in each case by the copyright Holder independently.

33.   The user undertakes to:

1.      Use the Site only within the limits of those rights and in the ways provided for in the Agreement.

2.      When registering in your personal account, provide real and not fictitious information. If the information provided is found to be unreliable, or if the Rightholder has reasonable doubts about its authenticity (including if the specified contact information turns out to be non-existent when trying to contact the user), the Rightholder has the right to unilaterally terminate the relationship with the User, delete the User's account and block access to the Site.

3.      Keep secret and not disclose to third parties information about your password that gives access to the User's Personal account. If such information becomes known to third parties for any reason, the User undertakes to immediately change it.

4.      When placing an Order, specify the following information about your contact information, phone number, last name, first name, address and time of delivery of the Order, e-mail address, and if necessary, leave your comments.

5.      Strictly adhere to and not violate the terms of the Agreement, as well as ensure the confidentiality of commercial and technical information obtained in cooperation with the copyright Holder.

6.      Refrain from copying in any form, as well as from changing, supplementing, distributing the Site, the site content (or any part of It), and refrain from creating derivative objects based on it without the prior written permission of the copyright Holder.

7.      Do not use any devices or computer programs to interfere or attempt to interfere with the normal functioning of the Copyright holder's Site.

8.      Immediately inform the copyright Holder of all known facts of illegal use of the Site by third parties .

9.      Use the Site without violating the property and / or personal non-property rights of third parties, as well as prohibitions and restrictions established by applicable law, including without limitation: copyright and related rights, rights to trademarks, service marks and appellations of origin of goods, rights to industrial designs, rights to use images of people.

10.   Do not post or transmit materials that are illegal, indecent, libelous, defamatory, threatening, pornographic, hostile, or contain harassment or signs of racial or ethnic discrimination, that call for actions that may be considered a criminal offense or a violation of any law, or that are considered unacceptable for other reasons, materials that promote the cult of violence and cruelty, or materials that contain obscenities.

11.   Do not distribute advertising materials in private messages to other Users without their prior consent to receive such materials (SPAM).

12.   Perform other duties stipulated by the Agreement.

34.   The copyright holder has the right to:

1.      Suspend or terminate the User's registration and access to the Site if the copyright Holder reasonably believes that the User is conducting illegal activities.

2.      Collect information about Users ' preferences and how they use the Site (the most frequently used features, settings, preferred time and duration of use of the Site, etc.), which is not personal data, to improve the Site, diagnose and prevent Site failures.

3.      Ask the User for additional information about their position and type of activity, including the company they represent, when registering in their personal account or at any other time. The copyright holder has the right to refuse the user to use the Site (up to deleting the User's Personal account) or restrict its use at its sole discretion, if the User is not an employee of the company or representative of the person for whom the Site is intended, or if the User refuses to provide the requested information. The copyright holder, at its sole discretion, has the right to grant limited access to the Site for the purpose of familiarization to other persons who are not engaged in specialized activities.

4.      Make unilateral changes to the agreement by publishing new versions of It.

5.      Delete user content at the request of authorized authorities or interested parties if this content violates applicable law or the rights of third parties.

6.      Temporarily terminate the Site, as well as partially restrict or completely terminate access to the Site until the necessary maintenance and (or) modernization of the Site is completed. The user does not have the right to claim damages for such a temporary termination of services or restriction of the Site's availability.

35.   Пользователь вправе:

1.      Use the Site within the limits and in the ways provided for in the Agreement.

2.      Refuse the Product at any time before its transfer, and after the transfer of the Product - within 7 days. If information about the procedure and terms for returning goods of proper quality was not provided in writing at the time of delivery of the Goods, the User has the right to refuse the Goods within 3 months from the date of transfer of the Goods. The return Of a product of good quality is possible if its commercial appearance, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified Product are preserved. The User's absence of this document does not prevent them from referring to other evidence of the purchase of the Product. The user does not have the right to refuse a product of proper quality that has individually defined properties, if the specified Product can be used exclusively by the consumer purchasing it. If the User refuses the Product, the Rightholder must return the amount they lost, except for their expenses for delivery of the returned product, no later than 10 days from the date of the User's submission of the corresponding claim.

3.      The user does not have the right to consent to the implementation of this Agreement if he does not have a legal right to use the Site in the country where he is located or resides, or if he has not reached the age from which he has the right to enter into this Agreement.

Terms and conditions of use

36.   Subject to the User's compliance with this Agreement, the User is granted a simple (non-exclusive) license to use the Site using a personal computer, mobile phone or other device, to the extent and in the manner prescribed by the Agreement, without the right to grant sub-licenses and assign.

37.   In accordance with the terms of the Agreement the copyright Holder grants the User the right to use the Site in the following ways:

1.      Use the Site to view, review, leave comments and other records and implement other functionality of the Site, including by playing on the monitor (screen) of the corresponding technical means of the User;

2.      Briefly upload to computer memory for the purpose of using the Site and its functionality;

3.      Cite elements of the Site's user content with an indication of the source of the citation, which includes a link to the Site's URL.

4.      Method of use: via an Internet browser.

38.   The user does not have the right to take the following actions when using the Site, as well as any component parts of the Site:

1.       Modify or otherwise process the site, including translating It into other languages.

2.      Copy, distribute or process the materials and information contained on the Site, except when necessary and caused by the implementation of functionality available as a specific User.

3.      Violate the integrity of the security system or perform any actions aimed at circumventing, removing or deactivating technical means of protection; use any software codes designed to distort, delete, damage, simulate or violate the integrity of the Site, transmitted information or protocols.

39.   Any rights not expressly granted to the User under this Agreement are reserved by the copyright Holder.

40.   The site is provided by the copyright Holder in an "As is" state, without any warranty of the copyright Holder or any obligation to remedy deficiencies, maintenance or improvement.

41.   By accepting the terms of this Agreement, the User grants the copyright Holder and other Users a non-exclusive, royalty-free right to use (simple license) materials that the User adds (places) on the Site in sections intended for access by all or part of the Users (chats, discussions, comments, etc.). The specified right and / or permission to use the materials are granted simultaneously with the User adding such materials to the Site for the entire duration of the exclusive intellectual property rights or protection of non-property rights to the specified materials for their use in all countries of the world.

Personal data and privacy policy

42.   To fulfill the terms of the Agreement, the User agrees to provide and agrees to the processing of personal data in accordance with Federal law No. 152-FZ of 27.07.2006 "on personal data" on the terms and for the purposes of proper execution of the Agreement. "Personal data" means personal information that the User provides about himself / herself in order to make an acceptance.

43.   The copyright holder guarantees confidentiality with respect to the User's personal data and provides access to personal data only to those employees who need this information to fulfill the terms of the Agreement, ensuring that these persons observe the confidentiality of personal data and the security of personal data when processing them. The copyright Holder also undertakes to maintain the confidentiality of all information received from Users, regardless of the content of such information and how it is obtained.

44.   If the User loses identification data (username/password) for accessing the personal account, the User has the right to request this information from the copyright Holder by sending a request via the copyright Holder's email address.

45.   Received by the rights holder information (personal data) shall not be disclosed, except when disclosure is mandatory according to legislation of the Russian Federation or necessary for the operation of the Website and its functions (for example, when you post comments in the section "Comments" under the User-written comment shows the name, date and time of the comment).

Responsibility of parties

46.   The parties are liable for non-performance or improper performance of their obligations in accordance with the legislation of Russia.

47.   The copyright holder does not assume responsibility for the Site's compliance with the purposes of use.

48.   The copyright holder is not responsible for technical interruptions in the operation of the Site. However, the copyright Holder undertakes to take all reasonable measures to prevent such interruptions.

49.   The copyright holder is not responsible for any actions of the User related to the use of the granted rights to use the Site; for damages of any kind incurred by the User due to loss and/or disclosure of their data or in the course of using the Site.

50.   If any third party makes a claim to the Rightholder in connection with the User's violation of the Agreement or applicable legislation, or the User's violation of the rights of third parties (including intellectual property rights), the User agrees to compensate the Rightholder for all costs and losses, including any compensation and other costs associated with such claim.

51.   The copyright holder is not responsible for the content of messages or materials Of users of the Site (user content), any opinions, recommendations or advice contained in such content. The copyright holder does not perform a preliminary check of the content, authenticity and security of these materials or their components, as well as their compliance with the requirements of applicable law, and whether Users have the necessary amount of rights to use them without fail.

52.   The copyright holder is not responsible for any damage caused to the User as a result of improper use of Goods ordered on the Site.

Dispute resolution

53.   The claim procedure for pre-trial settlement of disputes arising from this Agreement is mandatory for the Parties.

54.   Claim letters are sent by the Parties by Express or registered mail with a notification of delivery to the address of The party's location.

55.   It is not allowed for the Parties to send claim letters in any other way than specified in clause 8.2 of the Agreement.

56.   The term for consideration of a complaint letter is 30 working days from the date of receipt of the latter by the addressee.

57.   Disputes under this Agreement shall be resolved in court in accordance with the law. 

Final provision

58.   This Agreement shall be governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the Russian Federation. All possible disputes arising out of the relations regulated by this Agreement shall be resolved in accordance with the procedure established by the current legislation of the Russian Federation, according to the norms of Russian law. Throughout the text of this Agreement, the term "legislation" means the legislation of the Russian Federation.

Addresses and details of the parties

59.   Copyright holder: legal address-Russia, 129281, Moscow, Olonetsky Ave., 4K. 2, POM. II, com. 1; postal address-Russia, 125047, Moscow, 2nd Brestskaya, 30; tel.- +7 495 780-01-51; Fax - +7 495 780-01-51; e-mail - shop@silkwayrally.ru; TIN 7716851340; KPP 771601001; OGRN 1177746253981; p/s 40702810700280001714 In the branch "Central" of VTB Bank (PJSC) K / s 30101810145250000411; BIC 044525411.