1 General provisions
1.1
This Agreement is a public offer made by the individual entrepreneur Igor Dombrovschi (the "Service") within the meaning of Art. 407(2) of the Civil Code of the Republic of Belarus, and sets out the terms on which pre-purchase vehicle inspection services are provided through the Inspecto mobile app.
1.2
The Agreement is accepted when the Customer takes the steps to place and pay for an order in the app. Such acceptance is made by conduct under Art. 408(3) of the Civil Code: performing the actions that fulfill the terms of the contract set out in the offer, including paying the relevant amount, is deemed acceptance. Ticking the box confirming agreement with the Agreement at registration is recorded by the Service and serves as additional confirmation of acceptance.
1.3
In accordance with Art. 404(3) of the Civil Code, the written form of the contract is deemed observed. The Service keeps a record of the date, time and version of the Agreement that the Customer agreed to.
1.4
The Agreement is a contract of adhesion (Art. 398 of the Civil Code) and a public contract (Art. 396 of the Civil Code). The terms are the same for all Customers.
1.5
Information about the Service provided under Art. 8 of the Law of the Republic of Belarus of 09.01.2002 No. 90-Z "On Consumer Rights Protection": Индивидуальный предприниматель Домбровский Игорь, UNP 491559592, registered by Мозырский районный исполнительный комитет on 5 July 2021. Place of residence: Республика Беларусь, Гомельская область, г. Мозырь, бульвар Юности, д. 1, корп. 2, кв. 54. Contact e-mail: [email protected]. Phone: +375 33 605-12-83. Working hours: around the clock, seven days a week.
2 Subject matter
2.1
The Service provides the Customer with a service of arranging and carrying out a pre-purchase check of the technical condition of a vehicle and preparing a report. The relations of the parties are governed by Chapter 39 of the Civil Code (services for consideration) and the Law "On Consumer Rights Protection".
2.2
The Service is the provider of the service to the Customer. To carry out the inspection, the Service engages a Specialist, an independent person registered as an individual entrepreneur. Engaging a Specialist does not create a contractual relationship between the Specialist and the Customer.
2.3
In performance of subpara. 2.11 of Art. 7(2) of the Law "On Consumer Rights Protection", the Service shows in the app the particular Specialist who will carry out the inspection, together with information about the Specialist, before the order is confirmed.
2.4
The subject of the service is the inspection and the report, not the condition of the vehicle. The Service is not the seller of the vehicle, is not a party to the sale and purchase transaction, and does not guarantee that the vehicle has no defects that cannot be detected by the methods used in the inspection.
2.5
The inspection is carried out by the following methods:
- visual inspection of the body, interior, engine compartment and underbody
- computer diagnostics through the standard diagnostic connector
- measurement of paint coating thickness
- a test drive, if agreed with the owner of the vehicle
- photo and video recording of the findings
2.6
The inspection does not include disassembly of components and assemblies, lifting the vehicle unless that service is ordered separately, or any action that requires the vehicle owner's consent where such consent has not been obtained.
3 Price and payment
3.1
The price of the service consists of the cost of the selected work and the Service's fee. The total amount is displayed in the app before the order is confirmed. Payment is made in Belarusian rubles.
3.2
The amount of the Service's fee is determined by the Rates published in the app and is included in the total price that the Customer sees before payment.
3.3
Funds are reserved, not charged. When the order is placed, the issuing bank blocks the order amount on the Customer's card. Until the moment specified in clause 3.4, the funds remain in the Customer's account and are not transferred to the Service.
3.4
The reserved amount is charged at the moment the report is accepted, in the manner provided in section 5. If the report is not accepted and the order is canceled, the reservation is released without a charge.
3.5
Payment is made through a payment service provider included in the register of the National Bank of the Republic of Belarus. The Service does not receive or store the Customer's payment card details.
3.6
The Customer's payment obligation is deemed fulfilled from the moment the funds are charged in favor of the Service.
4 Carrying out the inspection
4.1
When placing the order, the Customer specifies the inspection address, date and time, and information about the vehicle. The Customer ensures that the Specialist can access the vehicle at the agreed time.
4.2
If the Specialist arrived at the agreed place and time and access to the vehicle was not provided, the inspection is deemed not to have taken place due to circumstances for which the Customer is responsible. The consequences are set out in clause 6.4.
4.3
The report is prepared on the basis of the inspection results and posted in the app. The report contains a description of the findings, photo and video materials, diagnostic results and the Specialist's conclusion.
4.4
The Specialist's conclusion is advisory. The decision to buy the vehicle is made by the Customer independently.
5 Acceptance of the report
5.1
The Customer accepts the report in the app. From the moment of acceptance, the service is deemed rendered and the reserved amount is deemed charged.
5.2
If within 24 hours of the report being posted the Customer has neither accepted the report nor filed an objection under section 7, the report is deemed accepted and the amount is charged.
5.3
Automatic acceptance under clause 5.2 is a technical condition of settlement and does not deprive the Customer of the rights provided by the Law "On Consumer Rights Protection", including the right to make claims in respect of defects in the service within the periods set by Art. 31(6) of that Law.
5.4
The report remains available to the Customer in the app regardless of acceptance, cancellation of the order or the outcome of the review of objections.
6 Withdrawal from the service and refunds
6.1
The Customer may withdraw from the service at any time before it is rendered, provided that the Customer pays the expenses actually incurred by the Service (Art. 38¹(1) of the Law "On Consumer Rights Protection", Art. 736(1) of the Civil Code).
6.2
Expenses actually incurred are determined as follows:
| Moment of withdrawal | Withheld | Refunded |
|---|---|---|
| The Specialist has not set off for the inspection site | Nothing | The reservation is released in full, no charge is made |
| The Specialist has arrived at the inspection site, the inspection has not started | The travel fee stated in the order | The remaining amount |
| The inspection has started | The cost of the work actually performed | The remaining amount |
6.3
The fact of the Specialist's arrival at the inspection site and the fact that the inspection has started are recorded in the app and are available to the Customer. An amount is withheld only if such a record exists.
6.4
If the inspection did not take place due to circumstances for which the Customer is responsible (clause 4.2), the travel fee is withheld.
6.5
If the service was not rendered, or was rendered improperly through the fault of the Service, nothing is withheld: by virtue of Art. 30(5) of the Law "On Consumer Rights Protection", the provider in that case may not claim reimbursement of its costs or payment for the work performed. The entire amount paid is refunded.
6.6
The refund is made in the same form in which payment was made (Art. 30(4) and Art. 31(3) of the Law "On Consumer Rights Protection"), that is, to the same payment card, within 14 days of the claim being made (Art. 38¹(2) of the same Law). The crediting period is determined by the issuing bank.
6.7
The Service may cancel the order if the Specialist cannot perform it and a replacement is not possible. In that case the entire amount paid is refunded without deductions.
7 Quality of the service and claims
7.1
If defects in the rendered service are found, the Customer may, at the Customer's choice, demand that the defects be remedied free of charge, a proportionate reduction of the price, the service to be performed again free of charge, or reimbursement of the cost of remedying the defects by the Customer (Art. 31(1) of the Law "On Consumer Rights Protection").
7.2
If the defects are not remedied within the established period, or if material defects are found, the Customer may terminate the contract and demand a refund of the amount paid (Art. 31(3) of the same Law).
7.3
Periods for satisfying the Customer's claims:
| Claim | Period |
|---|---|
| Price reduction, reimbursement of expenses, refund of the amount paid | 7 days; 14 days if an expert examination is required (Art. 33(1)) |
| Remedying of defects free of charge | 14 days (Art. 32(1)) |
| Compensation for losses | 7 days from confirmation of the amount (Art. 33(3)) |
| Refund on withdrawal from the service | 14 days from the claim being made (Art. 38¹(2)) |
7.4
For breach of these periods, the Service pays the Customer a penalty of 1% of the price of the service for each day of delay.
7.5
Claims in respect of defects in the service may be made within two years of the acceptance of the report (Art. 31(6) of the Law "On Consumer Rights Protection"). In a dispute about the causes of the defects, the Service arranges an expert examination at its own expense.
7.6
Contacting the Service is not a mandatory pre-trial procedure. The Customer may at any time go to court, or to the local executive authority or a public consumer association.
8 Objections to the report
8.1
The Customer may file an objection to the report through the app within 14 calendar days of the report being posted.
8.2
The Service reviews objections by examining the report, photo and video materials, and the correspondence of the parties. The Customer may attach their own materials to the objection.
8.3
Following the review, the Service makes one of the following decisions:
- objection upheld: the amount paid is refunded in full, the report is voided
- objection upheld in part: part of the amount is refunded, the report is voided
- objection rejected: the report remains valid
8.4
A voided report remains available to the Customer in the app and is marked as voided. The Customer is notified of the decision.
8.5
The procedure set out in this section is an additional means of settlement and does not replace or limit the Customer's rights provided by section 7 and the Law "On Consumer Rights Protection".
9 Customer's obligations
9.1
The Customer undertakes to:
- provide accurate information about the vehicle and the inspection site
- ensure that the Specialist can access the vehicle at the agreed time
- not require the Specialist to take actions that need the vehicle owner's consent where such consent has not been obtained
- not use the app for purposes unrelated to obtaining the service
9.2
The report is provided to the Customer for personal use. The report or parts of it may be published as an advertisement for the vehicle provided that the Service is named as the source.
10 Personal data
10.1
The Customer's personal data is processed in accordance with the Personal Data Processing Policy published on the "Personal data" tab of this page.
10.2
Consent to the processing of personal data is given separately from acceptance of this Agreement, as required by the second part of Art. 5(5) of the Law of the Republic of Belarus of 07.05.2021 No. 99-Z "On Personal Data Protection".
11 Liability
11.1
The Service is liable for the quality, timing and completeness of the rendered service in accordance with the legislation of the Republic of Belarus.
11.2
The Service is not liable for the Customer's decision to purchase the vehicle, for the actions of the vehicle's seller, or for defects that cannot be detected by the methods specified in clause 2.5.
11.3
Terms of this Agreement that limit the Customer's rights compared with the rights established by the Law "On Consumer Rights Protection" are void (Art. 19(1) of that Law). This section may not be construed as limiting such rights.
12 Final provisions
12.1
The Service may amend the Agreement. The new version is published on this page and takes effect 10 calendar days after publication. Orders placed before the amendments take effect are governed by the version in force at the time of acceptance.
12.2
The relations of the parties are governed by the legislation of the Republic of Belarus. Disputes that the parties do not settle are heard by a court under the rules of jurisdiction established by law, including at the Customer's place of residence.
12.3
Details of the Service: Индивидуальный предприниматель Домбровский Игорь, UNP 491559592, registered by Мозырский районный исполнительный комитет on 5 July 2021. Place of residence: Республика Беларусь, Гомельская область, г. Мозырь, бульвар Юности, д. 1, корп. 2, кв. 54. Contact e-mail: [email protected]. Phone: +375 33 605-12-83. Working hours: around the clock, seven days a week.