Agency Agreement Offer
for the Near Together Service
neartogether.com
Version dated 6 June 20261. General Provisions
1.1. Individual Entrepreneur
Tochenova Eleonora Yuryevna, INN 291800519008, OGRNIP 326350000021481, hereinafter referred to as the “Agent”, publishes this Agency Agreement Offer, hereinafter referred to as the “Agreement” or the “Offer”, addressed to any legally capable natural person who has reached the age of 18, hereinafter referred to as the “Principal”.
1.2. This Agreement constitutes a public offer in accordance with Article 437 of the Civil Code of the Russian Federation, hereinafter referred to as the “Civil Code of the Russian Federation”. The Principal’s performance of actions aimed at accepting this Offer constitutes the Principal’s full and unconditional acceptance of all its terms in accordance with Article 438 of the Civil Code of the Russian Federation.
1.3. Acceptance of this Offer shall be deemed to be the combination of the following actions performed by the Principal when submitting an application on the Service Website:
1.3.1. filling in and sending to the Agent an application for arranging an order through the form on the Service Website;
1.3.2. ticking the checkbox confirming agreement with the terms of this Agreement and the Privacy Policy of the Service.
1.4. The Agreement shall be deemed concluded from the moment the Principal accepts the Offer and shall remain in force until the Parties have fully performed their obligations under the agreed orders, unless terminated earlier in accordance with the procedure set out in this Agreement.
1.5. Acceptance of this Offer shall apply to all subsequent orders placed by the Principal through the Service until the acceptance is withdrawn or the Offer is terminated.
1.6. The Agent has the right to amend this Agreement. Amendments shall enter into force from the moment the new version of the Agreement is published on the Service Website. Orders agreed before the publication of the new version shall be governed by the version that was in force at the time the relevant order was agreed.
1.7. This Offer is published on the Internet at neartogether.com, as well as on its language versions, de and en.
2. Terms and Definitions
2.1. For the purposes of this Agreement, the following terms shall have the meanings set out below:
“Service”, also “Near Together”, means the set of intermediary services provided by the Agent for arranging, paying for, and supporting orders from local sellers and services in the recipient’s country, access to which is provided through the Service Website.
“Website”, also “Service Website”, means the entirety of information, texts, graphic elements, design, software, and other materials published on the Internet at neartogether.com, including all language versions and subdomains.
“Agent” means Individual Entrepreneur Tochenova Eleonora Yuryevna, INN 291800519008, OGRNIP 326350000021481, who performs legal and other actions on behalf of the Principal under the terms of this Agreement.
“Principal”, also “Client”, means a legally capable natural person who has reached the age of 18, purchases orders for personal, family, household, and other needs not related to entrepreneurial activity, and has accepted this Agreement.
“Recipient” means the person to whom the Order is to be handed over or delivered in accordance with the Principal’s application. The Recipient may be the Principal themselves or a third party specified by the Principal.
“Seller” means a local store, marketplace, confectioner, florist, food delivery service, or other seller of goods or provider of services located in the Recipient’s country, with whom the Agent places and pays for the Order.
“Order” means goods and/or services that the Principal instructs the Agent to arrange and pay for with the Seller, as well as the organization of their delivery within the Recipient’s country.
“Application” means the form completed by the Principal on the Website, containing the information necessary for arranging the Order, including information about the Recipient and the delivery address.
“Expenses” means monetary amounts payable to the Seller for goods and/or services, delivery costs, payment system fees, and other amounts paid by the Agent in performance of the instruction at the Principal’s expense.
“Agent’s Fee”, also “Commission”, means the monetary remuneration of the Agent for performing the instruction under the Agreement, calculated individually for each Order.
“Order Amount” means the total amount agreed by the Parties before payment, including the Expenses and the Agent’s Fee.
“Rates” means the minimum base values of the Agent’s Fee published on the Service Website and marked as “from”, which do not constitute the final price and are used as a reference when calculating the Order Amount.
“Communication Channels” means the Service Website, Telegram and WhatsApp messengers, as well as the Agent’s email address used by the Parties for exchanging messages and documents in accordance with Section 15.
3. Subject Matter of the Agreement
3.1. Under this Agreement, the Principal instructs the Agent, and the Agent undertakes, for a fee, to perform legal and other actual actions on behalf of the Principal to arrange and pay for Orders with Sellers located in the Recipient’s country, to organize delivery of Orders within the Recipient’s country, and to support Orders until their actual delivery, hereinafter referred to as the “Agency Instruction”.
The Agent performs actions under the Agency Instruction both in her own name and at the Principal’s expense, and in the name and at the expense of the Principal, depending on the agreement of the Parties regarding a specific Order.
3.2. The Agent performs actions under the Agency Instruction both in her own name and in the name of the Principal, depending on the agreement of the Parties regarding a specific Order and the requirements of the relevant Seller. The specific method of performing the actions is determined when agreeing the Order in accordance with Section 4 of this Agreement.
3.3. The relations between the Parties shall be governed by the provisions of Chapter 52 of the Civil Code of the Russian Federation on agency arrangements, as well as, depending on the method of performing actions under a specific Order, by the rules on commission agreements, Chapter 51 of the Civil Code of the Russian Federation, where the Agent acts in her own name, or by the rules on mandate agreements, Chapter 49 of the Civil Code of the Russian Federation, where the Agent acts in the name of the Principal, provided this does not contradict the nature of the agency agreement and the terms of this Offer, Article 1011 of the Civil Code of the Russian Federation.
3.4. The Agent is not the seller of goods and does not provide delivery services independently. Goods are sold and services, including delivery, are provided by Sellers and/or delivery services on their own terms. The Agent performs exclusively intermediary functions related to arranging, paying for, and supporting the Order.
3.5. At the Principal’s request, the Agent may provide an additional service for selecting Order or gift options according to the budget and occasion specified by the Principal, followed by agreement on the selected option.
3.6. Funds paid by the Principal as Expenses do not constitute the Agent’s income and are used by the Agent solely for the performance of the Agency Instruction. The Agent’s income is the Agent’s Fee.
4. Service Directions
4.1. The Agent provides services in the following directions:
4.1.1. The Principal is located in the Russian Federation and the Recipient is located in another country: the Agent arranges and pays for the Order with a Seller in the Recipient’s country and organizes delivery to the Recipient’s address within that country.
4.1.2. The Principal is located outside the Russian Federation and the Recipient is located in the Russian Federation: the Agent arranges and pays for the Order with a Seller in the Russian Federation and organizes delivery to the Recipient’s address within the Russian Federation.
4.2. Delivery is carried out exclusively within the Recipient’s country. International shipping, meaning delivery between countries, is not carried out under this Agreement: if the Recipient is located abroad, delivery is made to an address abroad; if the Recipient is located in the Russian Federation, delivery is made to an address in the Russian Federation, unless otherwise additionally agreed by the Parties.
5. Procedure for Placing and Performing an Order
5.1. To place an Order, the Principal fills in an Application on the Website, indicating, among other things: their name; preferred communication channel, Telegram or WhatsApp, username or phone number; the Recipient’s surname and first name; delivery address; the Recipient’s phone number; description of the Order and/or links to goods; whether selection of options is required; desired delivery date and its importance; and other information provided for in the form.
5.2. After receiving the Application, the Agent calculates the Order Amount, consisting of the Expenses and the Agent’s Fee, and sends the Principal the final amount and terms through the selected Communication Channel, as well as confirms the accuracy of the information specified in the Application.
5.3. The instruction for a specific Order shall be deemed agreed from the moment the Principal confirms the Order Amount and the information specified in the Application, and payment is received in accordance with Section 6. Before agreement and payment, the Agent does not begin performing the Agency Instruction.
5.4. After the Order has been agreed and payment has been received, the Agent shall, within 3 business days, place and pay for the Order with the Seller, unless another period has been agreed by the Parties or is determined by the terms of the Seller or delivery service.
5.5. Upon performance, the Agent sends the Principal confirmation that the Order has been placed and, if available, a tracking number or other tracking information, monitors the status of the Order, interacts with the Seller and/or delivery service where necessary, and supports the Order until its actual delivery by providing the Principal with up-to-date information.
5.6. The initial collection of information is carried out through the Website; subsequent support of the Order is carried out through the Communication Channel selected by the Principal, Telegram or WhatsApp.
5.7. The Agent has the right to refuse to accept an Application for performance in the cases provided for in Section 8 of this Agreement, as well as in the event of inaccurate or incomplete information being provided.
6. Fee, Expenses, and Payment Procedure
6.1. The Agent’s Fee is determined individually for each Order. The Rates published on the Website are minimum base values, marked as “from”, and do not constitute the final price. The amount of the Fee depends on the value of the Order, the service format, urgency, number of goods, Sellers and delivery addresses, as well as the overall scope of coordination required.
6.2. The final amount of the Agent’s Fee and the total Order Amount are calculated by the Agent and agreed with the Principal before payment in accordance with Clause 5.2 of this Agreement.
6.3. The Order Amount includes Expenses, namely the cost of the Seller’s goods and/or services, delivery costs, payment system fees, and other necessary amounts, as well as the Agent’s Fee.
6.4. The Principal pays 100 percent of the Order Amount before the Order is placed. Payment is made through the link sent by the Agent via the Robokassa payment service or by another method agreed by the Parties.
6.5. The Principal’s payment obligation shall be deemed fulfilled from the moment the funds are received in full. Expenses incurred by the Agent in performance of the instruction are reimbursed from the Order Amount paid by the Principal; no additional reimbursement beyond the agreed Order Amount is required, except in the cases provided for in Section 7 of this Agreement.
6.6. The settlement currency and payment details are communicated by the Agent when agreeing the Order. Costs related to bank and payment system fees connected with the transfer of funds shall be borne by the Principal and are included in the Order Amount.
6.7. The Agent has the right not to begin performing the Agency Instruction until the Order Amount has been received in full.
7. Change of the Order Amount and Additional Payments
7.1. After the Order Amount has been agreed and paid, no additional amounts shall generally arise.
7.2. An additional payment may be required only if, after agreement and payment, circumstances change that do not depend on the Agent, or at the initiative of the Principal, including where:
7.2.1. the price of the goods at the Seller has increased;
7.2.2. the delivery cost has changed;
7.2.3. the Principal has requested a change to the contents of the Order;
7.2.4. additional Expenses have arisen at the Principal’s initiative, for example adding an item, an additional delivery address, and so on.
7.3. In such cases, the Agent separately agrees the new amount and further actions with the Principal. Without additional agreement with the Principal, no new amounts shall be charged or debited.
8. Restrictions by Category and Territory
8.1. The Agent does not accept Applications for performance in relation to:
8.1.1. prescription medicines and prohibited substances;
8.1.2. weapons and dangerous items;
8.1.3. alcoholic products, tobacco, and nicotine-containing products;
8.1.4. counterfeit products and replicas of trademarks or brands;
8.1.5. other goods restricted in circulation.
8.2. The Agent has the right to refuse to accept or perform an Application in other cases where performance of the instruction contradicts the legislation of the Russian Federation, the legislation of the Recipient’s country, the terms of Sellers or payment systems, or where the Agent has reasonable doubts about the legality or good faith of the transaction.
8.3. The Principal independently bears responsibility for the Order’s compliance with the legislation of the Recipient’s country, including the permissibility of import, circulation, and receipt of the relevant goods in the territory of the Recipient’s country.
9. Delivery, Return, and Exchange
9.1. Delivery of the Order is carried out by the Seller and/or local delivery services on their terms and at their prices; delivery costs are paid by the Agent as part of the Order Amount. Delivery is carried out only within the Recipient’s country.
9.2. Delivery delays may occur for reasons depending on the Seller, delivery service, public holidays, weather conditions, and other circumstances beyond the Agent’s control. In such a case, the Agent requests the Order status, provides the Principal with updates, and provides assistance in accordance with the rules of the Seller and/or delivery service. The Agent is not responsible for such delays.
9.3. Return and exchange of goods are carried out according to the rules of the relevant Seller and/or delivery service. If the Seller allows returns, the Agent provides assistance in contacting customer support, submitting a return request, and tracking its status.
9.4. A monetary refund to the Principal is possible only after the funds have actually been returned by the Seller. The refundable amount is reduced by the Agent’s Fee and actually incurred Expenses, including return delivery costs and payment system fees.
10. Rights and Obligations of the Parties
10.1. The Agent undertakes to:
10.1.1. after the Order has been agreed and payment has been received, place and pay for the Order with the Seller within the period provided for in Clause 5.4;
10.1.2. organize delivery of the Order to the Recipient’s address within the Recipient’s country by the Seller and/or delivery services;
10.1.3. send the Principal confirmation that the Order has been placed, tracking information, and up-to-date information on the Order status;
10.1.4. ensure the confidentiality of personal data in accordance with applicable legislation and the Privacy Policy of the Service.
10.2. The Agent has the right to:
10.2.1. refuse to accept or perform an Application in the cases provided for in this Agreement;
10.2.2. involve third parties, including Sellers, delivery services, and payment services, in the performance of the instruction, while remaining responsible to the Principal within the limits established by this Agreement;
10.2.3. request from the Principal additional information and documents necessary for the performance of the instruction and/or for compliance with legal requirements;
10.2.4. not begin performing the instruction until the Order Amount has been received in full;
10.2.5. amend the Rates and the terms of this Agreement in the manner provided for in Section 1.
10.3. The Principal undertakes to:
10.3.1. provide accurate, precise, and complete information necessary for placing and delivering the Order, including information about the Recipient;
10.3.2. pay the Order Amount in the manner and within the time limits provided for in Section 6;
10.3.3. ensure that they have legal grounds for transferring the personal data of the Recipient and other third parties to the Agent, as well as their consent to the processing of such data for the purposes of performing the Agreement;
10.3.4. independently bear responsibility for the Order’s compliance with the legislation of the Recipient’s country;
10.3.5. use the Service exclusively for personal needs not related to entrepreneurial activity.
10.4. The Principal has the right to:
10.4.1. receive information on the progress of performance of the Agency Instruction;
10.4.2. refuse performance of the instruction in the manner provided for in Section 12;
10.4.3. contact the Agent through the selected Communication Channel regarding matters related to the Order.
11. Taxation and Status of the Agent
11.1. The Agent independently fulfills her obligations to pay taxes and fees in relation to the Agent’s Fee received in accordance with the taxation regime applied by her.
12. Term, Amendment, and Termination of the Agreement
12.1. The Agreement enters into force from the moment the Principal accepts the Offer and remains in force until the Parties have fully performed their obligations under the agreed Orders.
12.2. The Principal has the right to refuse performance of the instruction before the Order is placed and paid for with the Seller by notifying the Agent through the Communication Channel. In this case, the Agent returns the paid Order Amount to the Principal minus the Expenses actually incurred by the time of refusal.
12.3. If the Principal refuses performance of the instruction after the Order has been placed and paid for with the Seller, the paid Expenses shall be returned to the Principal only in the part actually refunded by the Seller and/or delivery service, minus the Agent’s Fee and incurred Expenses, including return delivery costs and payment system fees.
12.4. The Agent has the right to refuse performance of the instruction and terminate the Agreement in respect of the relevant Order in the cases provided for in Section 8, as well as where performance of the instruction is impossible for reasons beyond the Agent’s control, with the unused part of the Order Amount returned to the Principal.
12.5. Termination of the Agreement does not release the Parties from obligations that arose before the termination, including obligations to complete agreed Orders and carry out mutual settlements.
13. Liability of the Parties and Moment of Performance of the Instruction
13.1. The Agency Instruction for a specific Order shall be deemed performed by the Agent at the moment the Order is placed and paid for with the Seller. Subsequent delivery is carried out by the Seller and/or delivery service; the Agent is responsible for organizing delivery and supporting the Order but is not responsible for the actions of Sellers and delivery services or for the result of the delivery itself.
13.2. The Agent is not responsible for the quality, completeness, assortment, and consumer properties of goods and services provided by Sellers, nor for the Seller’s refusal to perform or accept the Order for reasons beyond the Agent’s control.
13.3. The Agent is not responsible for consequences arising from the Principal’s provision of inaccurate, incorrect, or incomplete information, including information about the Recipient and delivery address, nor for impossibility or delay in performance resulting from incorrect data provided by the Principal.
13.4. The Agent is not responsible for delivery delays and other consequences caused by the actions of Sellers, delivery services, payment systems, public holidays, weather conditions, and other circumstances beyond the Agent’s control.
13.5. The Agent’s total liability to the Principal for each Order is limited to the amount of the Agent’s Fee received for the relevant Order, unless otherwise provided by mandatory provisions of law. The Agent does not compensate lost profits or indirect damages.
13.6. The Principal is responsible for the accuracy of the information provided and for the existence of legal grounds for transferring the personal data of the Recipient and other third parties to the Agent. The Principal undertakes to compensate the Agent for losses incurred as a result of claims or demands brought against the Agent by third parties in connection with the inaccuracy of such information or the absence of the stated grounds.
14. Personal Data
14.1. The Agent processes personal data of the Principal and the Recipient for the purposes of concluding and performing this Agreement in accordance with Federal Law No. 152-FZ of 27 July 2006 “On Personal Data” and the Privacy Policy published on the Service Website.
14.2. By submitting the Application, the Principal confirms that they have obtained the consent of the Recipient and other third parties whose data they transfer for the transfer and processing of their personal data by the Agent to the extent necessary for the performance of the Agreement, and bears responsibility for having such consent.
14.3. The Principal is informed and agrees that, for the performance of the Order, the Recipient’s personal data, namely surname, first name, delivery address, and phone number, may be transferred to Sellers and delivery services, including those located outside the Russian Federation, to the extent necessary for placing and delivering the Order.
15. Electronic Document Exchange
15.1. Electronic document exchange between the Parties under this Agreement has legal force equal to that of written document exchange.
15.2. The Parties agree that electronic document exchange applies to any notices, requests, claims, approvals, and other messages provided for in this Agreement.
15.3. Electronic document exchange has legal force provided that the exchange of messages or documents is carried out by the Parties through the following Communication Channels:
15.3.1. the Agent’s email address:
neartogether.world@gmail.com;
15.3.2. the Agent’s Telegram account: @neartogether_com;
15.3.3. the Principal’s phone number and/or Telegram or WhatsApp account, as well as the Principal’s email address specified when submitting the Application;
15.3.4. other Communication Channels expressly agreed by the Parties.
15.4. Documents and messages sent through the Communication Channels provided for in Clause 15.3 shall be deemed received by the other Party on the day of their actual receipt. Messages received through other channels may be left without consideration and shall be deemed undelivered.
15.5. Electronic messages and documents may be used as evidence in courts and other competent authorities to confirm the legal relations of the Parties.
16. Applicable Law and Dispute Resolution
16.1. This Agreement shall be governed by the law of the Russian Federation. The Agreement shall be interpreted in accordance with the legislation of the Russian Federation regardless of the location of the Principal and the Recipient.
16.2. This Offer is drawn up in Russian. Versions of the Offer in other languages, including German and English, published on the Website are for informational purposes only; in the event of discrepancies, the Russian-language version shall prevail.
16.3. All disputes and disagreements arising in connection with the performance of this Agreement shall be resolved by the Parties through negotiations. Compliance with the pre-trial claims procedure is mandatory; the response period for a claim is 30 calendar days from the date of its receipt.
16.4. If it is impossible to resolve the dispute through the pre-trial procedure, the dispute shall be considered by a court in accordance with the legislation of the Russian Federation.
17. Force Majeure
17.1. The Parties shall be released from liability for full or partial non-performance of obligations under this Agreement if such non-performance resulted from force majeure circumstances, namely natural disasters, fires, floods, earthquakes, epidemics, military actions, strikes, adoption of acts by state authorities preventing the performance of obligations, as well as other circumstances that could not have been foreseen or prevented by the Parties.
17.2. The Party for whom performance of obligations has become impossible shall notify the other Party of the occurrence and cessation of force majeure circumstances within 10 calendar days.
18. Final Provisions
18.1. This Agreement is drawn up in the form of an electronic document and does not require signing by the Parties on paper.
18.2. In all matters not provided for in this Agreement, the Parties shall be guided by the current legislation of the Russian Federation.
18.3. The Rates, Privacy Policy, and other documents published on the Service Website and referred to in this Agreement form an integral part of this Agreement.
18.4. The Agent has the right to assign her rights and obligations under this Agreement to a third party by notifying the Principal. The Principal may not assign their rights and obligations under this Agreement without the prior written consent of the Agent.
19. Agent Details
Individual Entrepreneur Tochenova Eleonora YuryevnaINN 291800519008
OGRNIP 326350000021481
Email address:
neartogether.world@gmail.comTelegram: @neartogether_com
