to conclude a contract for the provision of services / performance of work
This document is an offer by IP Yurin Sergey Aleksandrovich, TIN 603700365217 (hereinafter referred to as the "Company") to capable individuals, legal entities, individual entrepreneurs, whose will will be expressed by them personally or through authorized representatives (Articles 182, 185 of the Civil Code of the Russian Federation) (hereinafter - "Clients") who have accepted (accepted) this offer to conclude a contract for the provision of Services indicated by the Company on the Company's website, located on the Internet information and telecommunications network at https://gruzone.ru (hereinafter referred to as the "Site").
In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, the acceptance of an offer is tantamount to concluding an agreement on the conditions set forth in the offer.
The Client is obliged to fully familiarize himself with this document before using the resources of the Site, starting to search for the Service and placing an Order on the Site.
By registering on the Site, as well as using the Site or using any of its functionality, by accessing any page of the Site without registration, the Client expresses his unconditional consent to all the terms of this Offer and undertakes to comply with them or stop using the services of the Site, on the following terms:
1. Definitions and terms
The following terms are used in this document with the following meanings:
"Acceptance of the offer" - the full and unconditional acceptance by the Client of the terms of this public offer by performing the actions specified in it.
"Client" - a capable individual (including authorized representatives of legal entities and individual entrepreneurs), a visitor to the Site who gets acquainted with the Services, uses the reference and information resources of the Site, is going to order the Services through the Site or in any other available way (including phone), or is already placing an Order in real time, or who has previously used the Services of the Company. The Client can be both the customer of the Services, and the consignor or consignee, in connection with which the clauses of this Offer, which regulate the rights and obligations of the Client, apply to him in the part in which certain rights and obligations are provided for by law and the Offer for the Client as a customer Services, consignor or consignee respectively.
"Company" - IP Yurin Sergey Alexandrovich, TIN 603700365217, which carries out commercial activities for the provision of Services to Clients.
"Site" - the Company's Internet resource located at https://gruzone.ru, containing all the technical capabilities necessary for the Client to view the descriptions of the Services and order them.
"Order" - automatically generated on the Site or agreed by phone and received by the Company's work request (application) of the Client to receive Services from the Company.
"Services" - transport services (moving, transportation of goods) and related services (assembly, installation, rigging), rental of vehicles (cranes, dump trucks, concrete mixers, fuel trucks, manipulators and other special equipment), logistics services, sale of the Goods to the Client, insurance cargo, safekeeping services, packaging provided by the Company on its own behalf. Information about the Services is posted on the Site.
2. General provisions
• 2.1. Search, order, payment by the Client for the Services indicated on the Site, use of the Site, including viewing the information posted in the sections of the Site, the reference and information resources of the Site, means the Client's consent to this Offer.
• 2.2. The Company has the right to make changes to the Offer without notifying the Client.
• 2.3. The Company and the Client provide mutual guarantees of their rights and legal capacity necessary for the conclusion of the contract and its execution on the basis of this Offer.
• 2.4. The Company provides the Client with comprehensive information on the Website and the Offer about the Services, about their main consumer properties, terms and methods of delivery of goods, performance of work, cancellation of Orders, refunds, and other information.
• 2.5. Detailed information about the Company, its contact details can be found on the pages of the Site.
• 2.6. The offer does not require sealing and / or signing by the Company and the Client (hereinafter referred to as the "Parties") on paper, while maintaining full legal force. In some cases, the Parties may conclude an agreement for the provision of Services on paper. Such an agreement must contain the conditions reflected in this Offer and other conditions agreed by the Parties.
3. Subject of the Offer
• 3.1. The Company, during the term of the Offer, undertakes on its own behalf to perform and / or organize the provision of Services in the territory of St. Petersburg, the Leningrad Region and the Russian Federation in accordance with the Order (s) of the Client, and the Client undertakes to pay for the Services in full and properly on the terms, specified in this Offer.
• 3.2. The scope of the Services, the rights and obligations of the Parties are determined by this Offer and invoices (forwarding receipts), acts rendered toservants, other accompanying documents that are an integral part of this Offer.
• 3.3. The name, price of the Services, as well as other necessary conditions of the Offer are determined on the basis of the information provided by the Client when placing the Order.
• 3.4. To fulfill its obligations, the Company has the right to engage third parties of its choice, being responsible for their actions as for its own.
• 3.5. The use of materials (content) and functions of the Site is governed by the norms of the current legislation of the Russian Federation.
• 3.6. The Client is personally responsible for checking this Offer for changes in it.
• 3.7. When building contractual relations, the Parties are guided by the following regulations:
• 3.7.1. Civil Code of the Russian Federation,
• 3.7.2. Federal Law "On Forwarding Activities" No. 87-FZ,
• 3.7.3. Charter of road transport and urban ground electric transport,
• 3.7.4. Rules for the carriage of goods by road, approved by the Decree of the Government of the Russian Federation of April 15, 2011 No. 272,
• 3.7.5. other norms of the current legislation of the Russian Federation.
• 3.8. Services are provided by the Company solely on the basis of Orders, which are the Client's instructions for the provision of Services by the Company.
• 3.9. The terms for the provision of Services by the Parties will be agreed individually.
4. The moment of conclusion of the Offer (acceptance of the Offer)
• 4.1. The acceptance of this Offer (and, as a result, the conclusion of a contract for the provision of Services) is the signing of both its text itself and by joining the Client to its terms, including by signing the forwarding documents by the Client, as well as by the Client performing implicit actions expressed on his part in the request for the Services provided, their Order.
• 4.2. By accepting the Offer, the Client guarantees that he has read, agrees, fully and unconditionally accepts all the conditions of the Offer in the form in which they are set forth in the text of the Offer, including in the annexes to the Offer, which are an integral part of the Offer (clause 3 of article 438 of the Civil Code RF).
• 4.3. The Client understands that the acceptance of the Offer is tantamount to the conclusion of the Agreement on the terms and conditions set forth in the Offer.
• 4.4. By accepting the Offer, the Client guarantees that he has the legal rights to enter into contractual relations with the Company.
• 4.5. By accepting this Offer, the Client agrees that:
• 4.5.1. registration data (including personal data) is indicated by him on the Site voluntarily;
• 4.5.2. registration data (including personal data) are transmitted in electronic form via Internet communication channels;
• 4.5.4. for the purpose of additional protection against fraudulent activities, the registration data specified by the Client (including personal data) may be transferred to banks that carry out transactions to pay for the Orders placed by the Client;
• 4.5.5. the consent given by the Client to the processing of his registration data (including personal data) is unlimited and can be revoked by the Client or his legal representative by submitting a written application submitted to the Site.
5. Rights and obligations of the Parties
• 5.1. The company undertakes:
• 5.1.1. Accept and coordinate with the Client the Client's Orders for the provision of Services in accordance with the forms established on the Site.
• 5.1.2. Provide accurate information about the Services.
• 5.1.3. On the basis of the Client's Order, start the provision of Services, having previously agreed all the necessary points with the Client and notify the Client about this.
• 5.1.4. To provide the Services in a qualitative manner in the manner and on the terms provided for by this Offer.
• 5.1.5. Provide oral and written advice to the Client on additional issues of the Client regarding the Services.
• 5.1.6. Be responsible for the safety of the cargo accepted for transportation from the moment it is accepted at the loading point and until the moment it is delivered to the unloading point and transferred to the person authorized to accept the cargo.
• 5.2. The company is entitled to:
• 5.2.1. Refuse to execute the contract unilaterally in case of violation by the Client of the conditions specified in the Offer.
• 5.2.2. Expand or reduce the offer of the Services on the Site, as well as suspend or terminate the provision of the Services at its sole discretion.
• 5.2.3. Send automatic information messages to the Client's mobile phone or e-mail.
• 5.2.4. Change the terms of the Offer unilaterally.
• 5.2.5. Refuse to provide the Services to the Client in case of failure to receive payment for the Service within the terms specified in the Offer, as well as other improper actions of the Client that violate the rights and interests of the Company.
• 5.2.6. If the Client, his authorized person does not accept the cargo, the result of work or refuses to accept it, require the Client, his authorized person to accept the cargo, work or refuse to perform i contract.
• 5.2.7. Receive from the Client any information necessary to fulfill its obligations under the Offer. In case of non-submission or incomplete or incorrect submission of information by the Client, the Company has the right to suspend the fulfillment of its obligations under the Offer until the necessary information is provided.
• 5.2.8. Suspend the operation of the Site at any time without prior notice in order to update the Site, carry out preventive maintenance, in case of technical failures, action and / or inaction of third parties and for other reasons beyond the control of the Company.
• 5.3. The client undertakes:
• 5.3.1. Get acquainted with information about the Services and the conditions for their provision.
• 5.3.2. Provide reliable personal and other data when placing Orders.
• 5.3.3. Provide the Company with the documents and information necessary for the fulfillment of obligations under this Offer.
• 5.3.4. Bear full responsibility for the accuracy, reliability and relevance of the information specified by the Client in the Orders.
• 5.3.5. Do not use the materials of the Site without the consent of the copyright holder(s) (Article 1270 of the Civil Code of the Russian Federation).
• 5.3.6. When quoting the materials of the Site in electronic form, place active hyperlinks to the main page of the Site or to the page for placing the relevant material. When using information on any other medium, it is necessary to indicate the source in the form "Source: https://gruzone.ru".
• 5.3.7. Pay for the Services in full.
• 5.3.8. Immediately inform the Company about all changes in the conditions of cargo transportation, performance of work (including the cancellation of cargo transportation, work) from the moment when he himself was notified of the changes.
• 5.3.9. Ensure the presence at the places of loading (unloading) / works of persons authorized on behalf of the Client to load (accept) cargo / accept works, as well as the presence of powers of attorney for these persons.
• 5.3.10. Ensure the possibility of providing the Services without interfering with the activities of the Company's employees.
• 5.3.11. Maintain access roads to loading and unloading points, as well as loading and unloading areas in good condition, ensuring unhindered and safe movement and free maneuvering of vehicles at any time during transportation.
• 5.3.12. Upon receipt of the cargo, inspect it, check its compliance in terms of quantity and quality.
• 5.3.13. Upon receipt of the result of the work, check the quality of their implementation.
• 5.4. The client has the right:
• 5.4.1. Require the Company to properly perform the Services.
• 5.4.2. Receive automatic informational messages on the Client's mobile phone or e-mail.
• 5.4.3. Refuse to pay for the Services by canceling the Order, and immediately notify the Company about it. At the same time, the Client is obliged to compensate for possible losses caused to the Company in connection with the execution of the Order accepted for work.
6. Financial conditions
• 6.1. Prices for Services, Goods are determined by the Company and are indicated in the Company's tariffs and on the pages of the Site. Each Service has its own page on the Site, which presents preliminary calculations (examples) of the cost of the Services according to the basic parameters of the Order.
• 6.2. The actual cost of the Services, Goods may differ from that indicated on the Site and is subject to clarification by the Client by sending a request to the Company or by phone.
• 6.3. The cost of assembly, installation and rigging, as well as the rental of the Company's vehicles, is calculated individually, based on the complexity of the work and other factors agreed by the Parties as part of the Order.
• 6.4. The calculator service of the Services presented on the Site reflects the preliminary cost of the Service, which is also subject to clarification and agreement by the Parties.
• 6.5. The price of the Services is indicated in Russian rubles. All mutual settlements are conducted in Russian rubles.
• 6.6. The Company may unilaterally change the prices for the Services presented on the Site.
• 6.7. The Company is obliged to provide the Client with a properly executed invoice for payment, an act of Services rendered and an invoice or UPD, originals of shipping documents for the provision of Services. The term for the provision of these documents is within 20 (twenty) calendar days from the date of termination of the Services, or on the day the Client accepts the results of the Services. If the Client, after receiving the Certificate of Services rendered or UTD, within 5 (five) business days does not object to this document, the Services indicated in it are considered accepted by the Client without comment and in full.
• 6.8. The client pays for the Services:
• 6.8.1. In a non-cash form by transferring funds to the Company's settlement account using bank cards and / or through payment systems / services (electronic payments) - when paying on the Site in the order of 100% prepayment, upon receipt of an invoice for payment from the Company - in the order of 100% postpay.
• 6.8.2. In cash or non-cash form by transferring funds by the Client to an authorized person of the Company.
• 6.9. The amount and order of the fee is determined by the Parties in each specific case separately.
• 6.10. When postpaid for the Services, the Client makes payment within 3 (three) days from the moment of receiving the result of the Services and documents specified in clause 6.7. Offers.
• 6.11. After agreeing on the terms of the Order, the choice and use of the method of payment for the Services is made by the Client at its own discretion and without any responsibility of the Company. Security, confidentiality, as well as other conditions for using the payment methods chosen by the Client are beyond the scope of the Offer and are governed by agreements between the Client and the relevant organizations.
• 6.12. Payment for the Service is considered to be made by the Client:
• 6.12.1. when paying with a bank card - at the time of crediting funds to the Company's settlement account,
• 6.12.2. when paying for the Services using electronic money - at the time the Company receives from the relevant payment system verified information about the receipt of payment for the Service;
• 6.12.3. in case of post-payment in cash - at the moment of receipt of funds from the Client by an authorized person of the Company.
• 7. Procedure for ordering Services
• 7.1. The Client has the right to independently place an Order for any Service presented on the Site.
• 7.2. In order to place an Order on the Website, the Client must provide the Company with the following data:
• 7.2.1. Client's name
• 7.2.2. phone number;
• 7.2.3. the time during which the Client is waiting for a call back from the company;
• 7.2.4. other information provided in the forms posted on the Site (comment, graphic files). Mandatory information is marked with a special sign "*".
• 7.3. After sending the Order through the web interface of the Site, the Parties shall without fail agree on the terms of the Order, its cost and the procedure for fulfillment by the Company.
• 7.4. The Company is not responsible for the content and accuracy of the information provided by the Client when placing an Order. The Client assumes full responsibility for providing incorrect data about himself, his legal entity / individual entrepreneur, which made it impossible for the Company to properly execute this Offer.
• 7.5. An order from the Site is transferred to the Company's program automatically.
• 7.6. The date of placing an order is the date of its execution through the Site. If the Order was placed after 21:00, the calculation of the date of the Service Order starts from the next working day after the date of placing the order.
• 7.7. After accepting the Order for work, the Client has the opportunity to track the location of the transport by the number of his Order (track code).
8. Procedure for delivery and acceptance of the Services and transportation of goods
• 8.1. The general procedure for the delivery and acceptance of the Services is contained in clause 6.8. Offers.
• 8.2. The company accepts goods for transportation at the loading point. The transfer of goods to consignees is carried out at the destination according to the number of cargo items indicated in the accompanying documents.
• 8.3. The Company does not inspect and check the contents of the package for operability, the presence of obvious or hidden defects, the quality of control tapes, and sensitivity to temperature effects. When accepting goods, the Company does not carry out an internal check of the cargo by the names and quantity of its contents, as well as verification with the attached documents of the consignor, unless otherwise agreed with the Client in advance.
• 8.4. The company exercises control over the placement of cargo during loading (unloading), inspection of the external condition of the cargo and its packaging, accounting for the number of pieces and weight of the cargo.
• 8.5. The quality, packaging, labeling of goods presented for transportation under this Offer must comply with the requirements of the legislation of the Russian Federation, applicable standards and rules for the carriage of goods, must ensure safety during normal transportation, loading and unloading.
• 8.6. The company has the right to refuse to transport the entire cargo or part of the cargo if defects or damage to the packaging of the cargo were found during loading or the cargo was packed in an improper way.
• 8.7. Upon completion of the loading, the Company and the forwarder put the necessary marks in all copies of the shipping documents, which indicates that the forwarder accepts full responsibility for the number of places, the correct loading and securing of the cargo.
• 8.8. In case of delays on the way, the freight forwarder is obliged to immediately notify the Client about this by telephone.
9. Dispute Resolution
• 9.1. All disputes, disagreements and claims of the Parties will seek to resolve through negotiations. The Party that has claims and/or disagreements shall send a notification to the other Party indicating the claims and/or disagreements that have arisen.
• 9.2. The notification is sent by the Client by e-mail to email@example.com, as well as in writing by sending by registered mail with a return receipt and a description of the attachment to the Company's address specified in section 14 of the Offer. The notice must contain the essence of the claim, evidence supporting the claim.
• 9.3. Within 10 (ten) days from the receipt of the original message, the Party that received it is obliged to send a response to this message.
• 9.4. If the response to the message is not received by the Party that sent the message within within 30 (Thirty) days from the date of sending the relevant message, or if the Parties do not come to an agreement on the claims and / or disagreements that have arisen, the dispute is subject to consideration in court in accordance with the legislation of the Russian Federation.
10. Responsibility of the Parties
• 10.1. For non-performance or improper performance of obligations under this Offer, the parties are liable in accordance with the legislation of the Russian Federation.
• 10.2. The company is responsible for:
• 10.2.1. search and selection of a vehicle that meets the requirements stated by the Client;
• 10.2.2. providing information about the vehicle and the driver carrying out the cargo transportation;
• 10.2.3. timely notification of the location of the vehicle and the status of transportation with the obligatory reflection of this information on the Site, except in cases where the information about the intended transportation was compiled by the Client incorrectly and / or he entered inaccurate information and / or information about the cargo transportation was provided by the Client not in in full;
• 10.2.4. for the safety of the cargo from the moment the cargo is transferred to the Company until the moment the cargo is transferred to the Client and / or the consignee.
• 10.2.5. the quality of the Services provided.
• 10.2.6. for the timely delivery of serviceable vehicles to the Client's facility, with the exception of force majeure circumstances.
• 10.3. The damage caused to the Client is compensated by the Company (if the Company is at fault):
• 10.3.1. in case of loss or shortage of cargo - in the amount of the value of the lost or missing cargo;
• 10.3.2. cost, and if it is impossible to restore the damaged cargo - in the amount of its value;
• 10.3.3. in case of non-arrival of vehicles at the Client's facility, on the day and time agreed by the Parties - in the amount of losses caused to the Client.
• 10.4. The cost of the cargo is determined based on its price indicated in the invoice, invoice or waybill, confirming the actual value of the cargo, and when it is insured.
• 10.5. The Company is released from compensation for damage in case of shortage (by weight or quantity) of the cargo that arrived in a serviceable vehicle/container with a serviceable seal of the Client.
• 10.6. The Client is obliged to inform the Company about the change or withdrawal of the Order confirmed by the Company (refusal of the Services) no later than 10 (ten) hours before the expected start time of loading. If the Client cancels the Order within a shorter time period before the expected start time of loading, the Company has the right to require the Client to pay a penalty in the amount of 50 (fifty)% of the cost of transportation.
• 10.7. After the expiration of the period specified in clause 10.6. time, the return of the advance payment made by the Client is not made if by the time of refusal of the Services the Company has already begun to provide the Services, which is compensation for the costs associated with the direct provision of the Services by the Company.
• 10.8. The Company is not responsible for non-fulfillment of obligations under the contract resulting from the actions / inaction of the Client / third parties.
• 10.9. The Client agrees that he uses the Site at his own risk, including the assessment of its reliability, completeness or usefulness.
• 10.10. The Company cannot guarantee 100% uninterrupted, fast, reliable and error-free operation of the Site.
• 10.11. The Company does not endorse and is not responsible for the accuracy of content from external sources not related to the Site.
11. Force majeure
• 11.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the participant could neither foresee nor prevent by reasonable measures (force majeure). Such emergency events include: flood, fire, earthquake, explosion, storm, epidemic and other natural phenomena, as well as war or hostilities, unstable political situation, declaration of a pandemic, high alert, emergency or state of emergency, etc.
• 11.2. In the event of force majeure circumstances, the affected Party shall, as soon as possible, immediately notify the other Party of these circumstances in writing. The notice must contain information about the nature of the force majeure circumstances, as well as an assessment of their impact on the ability of the Party to fulfill its obligations under the Agreement and the expected timeframe for the fulfillment of such obligations. The term for the Parties to fulfill their obligations under the Agreement shall be extended in proportion to the time during which force majeure circumstances and their consequences that prevent the execution of the Agreement are in force.
• 11.3. Upon termination of the force majeure circumstances, the respective Party shall immediately, but no later than 3 (three) working days from the date of termination of the force majeure circumstances and their consequences that prevent the execution of the Agreement, notify the other Party in writing. The notice must specify the period by which the obligation is supposed to be fulfilled. obligations under the Agreement.
• 11.4. In cases where force majeure circumstances and (or) their consequences continue to operate for more than 3 (three) months in a row, either Party has the right to unilaterally and out of court terminate the Agreement by notifying the other Party in writing 10 (ten) business days before the planned date of termination of the Agreement. The Parties will make all reasonable efforts to reduce any losses that they may incur as a result of termination of the Agreement due to force majeure circumstances.
12. Validity period of the Offer
• 12.1. This Offer comes into force from the moment of its acceptance by the Client, and is valid until the Parties fully fulfill their obligations.
• 12.2. The Client agrees and acknowledges that the introduction of changes to the Offer entails the introduction of these changes into the agreement concluded and valid between the Client and the Company, and these changes come into force simultaneously with such changes to the agreement.
13. Additional terms
• 13.1. The exclusive rights to the Site belong to the Company.
• 13.2. The Company has the right to assign or in any other way transfer its rights and obligations arising from its relationship with the Client to third parties.
• 13.3. The site and the services provided may be temporarily partially or completely unavailable due to preventive or other work or for any other technical reasons. The technical service of the Site has the right to periodically carry out the necessary preventive or other work with or without prior notice to the Clients.
• 13.4. The provisions of Russian law apply to relations between the Client and the Company.
• 13.5. Recognition by the court of the invalidity of any provision of this Offer does not entail the invalidity of the remaining provisions.
14. Company details
IP Yurin Sergey Alexandrovich
Address: St. Petersburg, Grazhdansky pr-kt, 111, letter A, room 36H
Bank: PJSC Sberbank, St. Petersburg
Tel: +7 (931) 980-76-52