1. General provisions
Conditions take effect from the moment the user agrees to their terms and conditions in accordance with the terms of 1.3 Of the Terms and Conditions and are valid indefinitely. goods, delivery, etc.
1.2. All of the site's current functionality, as well as the addition of new Site services, are governed by these Terms and Conditions, as well as the terms and conditions of the user and Marketplace agreements, if their subject is related to User's use of the Site. Conditions may be changed by Marketplace without any special notice, the new version of the Terms takes effect from the moment it is posted on the Internet at the address specified in this paragraph, unless otherwise provided for by the new version of the Terms.
1.3. Using the Site, any site functionality and/or any service and/or its individual functions, the User is considered to have accepted the terms of the existing Terms in full, without any reservations or exceptions. any of the terms of the Terms, the user is not entitled to use the Site. If The Marketplace has made any changes to the Terms in accordance with this paragraph, with which the User disagrees, he is obliged to stop using the Site.
1.4. The Site's functionality is provided to the User free of charge unless otherwise stated.
2. User account
2.1.1. To gain access to a specific site functionality and/or to order Marketplace goods and services, the user must go through a registration procedure that will create a unique account for the User.
Registration is a set of User actions in accordance with the site's instructions, including the provision of data and other information made by the User when ordering on the Site for the first time to order or directly using the site's special user interface registration form in order to gain access to the site's various functions and form a personal office. The personal account refers to the User's personal section on the Site related to the User's account on the Site, where the User is available to interact with Marketplace on the proposed Marketplace terms.
2.1.2. When the registration procedure is committed, the User confirms that he is an adult and fully capable person, entitled to perform any actions related to the use of the Site, its functionality and services, as well as on the agreements and contracts with Marketplace.
To register, the User is committed to providing reliable and complete information about himself on the proposed issues and to keep this information up to date. If the User provides incorrect information or Marketplace has reason to believe that the information provided by the User is incomplete or inaccurate, Marketplace has the right to block or delete the account The user and deny the User the use of the Site, its functionality and its services, and terminate contractual obligations arising from the user's actions.
2.1.3. Marketplace reserves the right to require the User to confirm the data specified at the registration and to request in this regard at any time supporting documents, the non-provision of which, at the discretion of Marketplace, may be equated to providing false information and to have consequences under Article 2.1.2 of the Terms. In the event that the User's data indicated in the documents provided to them does not correspond to the data given at the registration, and in the case where the data specified at registration does not allow to identify the User, Marketplace is entitled deny the user access to the account and use the site's functionality and Marketplace services.
2.1.4. At the end of the registration process, the User sets the password to access the account. Marketplace has the right to set login and password requirements (length, acceptable symbols, etc.). Subsequently, the User has the right to change his login and password in coordination with Marketplace.
The User Registration Procedure is carried out in accordance with the rules set by these Terms and current site interface. Once. Re-registering a new account on the Site using a previously listed email address and phone number is not allowed.
For the purposes of these Terms, once the User's registration has been confirmed, any user's actions are the occurrence of the User's rights and responsibilities.
2.1.5 In order to comply with applicable law, Marketplace identifies the User, including on the basis of documents provided by the User.
2.1.6. All user authorized actions on the Site, committed using the User's unique login and password, the email address listed when registering on the Site, The Parties recognize as committed using User's simple electronic signature. Orders issued using the Site, as well as messages sent from the user's email address, are recognized as equivalent to a document signed by the User.
2.1.7. Authorized users may be able to access additional site functionality and the ability to enter into various legal relationships with Marketplace, enter into agreements and contracts with Marketplace.
2.2. The user is responsible for the security (guessing resistance) of his chosen account access tools, as well as independently ensuring their privacy. responsibility for all actions (as well as their consequences) within or using the site's functionality and Marketplace services under the User account. The user undertakes not to transfer data to access the User's account to third parties under any terms (including under contracts or agreements). At the same time, all actions within or using the functionality of the Site and/or Marketplace services under the User account are considered to be made by the User himself.
2.3. The user must immediately notify Marketplace of any unauthorized (unauthorized user) access to the Site using the User account and/or any violation (suspicion of violation) privacy of their account access tools. For security reasons, the User is required to securely complete the work under his account at the end of each session of the Site. Marketplace is not responsible for any consequences that may occur due to the User's violation of this part of the Terms.
2.4. Stop using your account
Marketplace has the right to block or delete a User's account, as well as to prevent access using any account to the Site and its functionality, including in the event of a user's violation of these Terms or conditions of other documents regulating the relationship between the User and Marketplace.
2.5. Regardless of the removal of its account on the Site, all of the User's obligations to Marketplace, including applicable orders for Marketplace services and services made through the Site's functionality, remain in force until the user is fully executed, if Marketplace has not explicitly exempted the User from these obligations.
2.6. User's Personal Data
2.6.1. In the process of using the Site and the functionality provided by Marketplace through the Site (including at registration, account editing, ordering of any goods and services through the site's functionality, but not Limited to the above), the User independently and voluntarily decides to provide Marketplace information about the User for the purposes of fulfilling the Terms and relevant contracts and agreements concluded between Marketplace and The user, as well as for the purposes of processing personal data provided by the law, as well as any other existing or future agreements and contracts between Marketplace and the User, and hereby declares its consent to the processing of Marketplace and persons belonging to the Marketplace Group, personal and other user data, their transfer for processing to third parties acting on behalf of Marketplace, including for the following purposes, but not limited to The following: providing advice to Users in connection with the use of the Site, obtaining statistical and analytical data to improve the functioning of the Site, receiving information and/or advertising messages Marketplace, prevention or suppression of illegal and/or unauthorized actions by Users or third parties, ensuring compliance with applicable law. Marketplace takes all necessary measures to protect the user's personal data from unauthorized access by third parties.
2.6.2. Marketplace on behalf of the Seller and in order to fulfill User Orders provides Sellers With Personal Data of Buyers in the following volume and in the following cases for their processing for the following purposes:
- After the Seller confirms the User Order, for the purposes of executing the User Order - in addition to the list of ordered items, their number, cost, the expected delivery date, the required date and time of shipment, and other Information. Marketplace informs the Seller solely for the purpose of executing the Order by the Seller the surname, name, middle name, phone number, user's email address, information about the way the goods are delivered (in the case of delivery by means of the Seller also the surname, name, Middle name, delivery address and phone number of the recipient of the Goods, if the recipient of the Goods differs from the Buyer), information about the manner and status of payment of the goods;
- in the event of receiving a claim for the return of an item purchased on the Site for review of the requirements and return and return - the name, name, middle name of the person who requested the return of the goods, the number of the document certifying the document Identity, information about the authority issued and the date of issue, phone number, email address, number and date of order, information about the manner and status of the return of the goods;
- in cases under the Personal Data Processing Policy and other user documents of the Site, including the receipt of a Statement of Violation of The Intellectual or Other Rights of Third Parties by Marketplace claims received for each of the individuals identified in the application as the rights holder, the other victim or his representative: surname, first name, middle name, information about the number of the identity document that issued it Authority and date of issuance, phone number and/or fax, email address; other information contained in the statement;
- in the event of receiving other statements, feedback, claims, complaints, communications or documents addressed to the Seller - in order to prepare a response and take the necessary measures - no more than the amount received by Marketplace.
- In other cases and purposes, according to the Personal Data And Other User Documents Policy.
2.6.3. Marketplace is entitled to use the personal data obtained by Users and others solely for the purposes of this section of the Terms and conditions, and is obliged to discontinue such use when these processing purposes are achieved.
2.6.4. All information about the User (whether or not such information is applicable to personal or other data protection) posted by the User on the Website/transmitted by user Marketplace, is placed/transmitted to them in the user's interest.
2.6.5. Marketplace collects and stores only the personal information that is necessary to provide the functions of the Site and to provide its services and to comply with agreements and contracts with the User, except where by law there is a mandatory storage of personal information for a period of time.
Marketplace stores users' personal information in accordance with the requirements of Russian law and with the Personal Data Processing Policy
2.7. It is not allowed to use, distribute, copy and/or extract from the Site manually or automatically (using automated programs: scripts, bots, crawlers) any material or information. the use, dissemination, copying of the Site's information is illegal, and Marketplace reserves the right to oppose such actions.
3. Consent to receive messages
3.1. Marketplace has the right to send information and advertising messages to its users.
3.1.1. When using the Site through the relevant Site interface, the User, in accordance with section 1 of Article 44.1 of the Federal Communications Act, consents to receive informational messages, including cash receipts. checks in electronic form. Providing this information to the User is necessary for the use of the Site's services. If the User does not agree with the terms of this subparagraph, he or she should refrain from using Marketplace services.
3.1.2. When using the Site, the User also gives, through the relevant site interface, consent to receive advertising messages. continue to receive promotional messages by clicking on the relevant link in the received information/advertising message, if any, or by contacting site support via email or leaving contactthe Marketplace Contact Center by telephone.
4. Rules for ordering goods
4.1. A database is available to users on the Site, which is an information and reference system containing information on goods/services intended for potential buyers/consumers of goods/services. The goods/services presented on the Site are based on information provided by sellers.
4.2. For certain product offers on the Site, users are given the option to order goods (services) in the seller's stores (the "order"). Terms, order and delivery terms, if applicable. Certain functionality of the Service may differ or be unavailable to the User on the pages of the Site optimized for mobile devices.
4.2.1. If there are several product offers from different sellers for one product to ensure that the User can make the most convenient and profitable order on the Site, the following criteria, but not limited to the listed: the cost of the offer, the duration of the order, the accrued Bonus rubles of the Loyalty Program, the percentage of confirmation by sellers of the possibility of execution of the order.
4.3. Making an order means that the User intends to enter into a sales contract with a certain Seller in respect of the selected item as its buyer. directly with the Seller, not with Marketplace. All rights and obligations under the contract of sale with the User arise from the Seller.
4.4. When ordering, the User must provide reliable data regarding their identity and how to communicate with the User or another recipient of the Order. if the Order is not properly executed, if the User is given incorrect data.
4.5. Marketplace provides the User with information support when ordering and executing the Order. contact center, such as emails, SMS and messages via other channels of communication specified by the Buyer, with information about the processing of the Order.
4.6. Order information is available to the User in the User's Personal Office onthe Site.
5. Exclusive rights
5.1. All objects available on the Site, including design, text, graphic images, illustrations, databases and other objects (the content of the Site), as well as any content posted on the Site, are subject to exclusive rights Marketplace or other rights holders.
5.3. When downloading/adding any feedback to the Site, the User is responsible for meeting the content of the content posted by the User of the content required by applicable law, including liability to third parties in the where the content of the reviews violates the rights and legitimate interests of third parties, including the authors' personal non-property rights, other intellectual rights of third parties, and/or encroachon on their intangible goods.
When using the Site, the User is not entitled to leave reviews that are illegal, malicious, defamatory, inviolation of intellectual property rights and copyright.
5.4. The user acknowledges and agrees that Marketplace does not verify the user's feedback through the Site. The site, as well as reimbursing all Marketplace losses in the event of a Marketplace claim for feedback left by the User on the Site.
5.5. In order to ensure the operation of the Site, the exercise of the legitimate rights and interests of Marketplace, including the enforcement of legal protection of the relevant facilities, as well as for marketing purposes, the User provides Marketplace the ubiquitous perpetual gratuitous right to use User-downloaded reviews in any way for the duration of the exclusive right and terms.
6. Limiting responsibility
6.1. The user uses the Site at his own risk. Site targets.
6.2. Marketplace provides Users with access to the Site and maintains the proper functioning of the Site, quickly restores its performance in case of technical failures and interruptions. to keep the Site running smoothly and to meet any deadlines for restoring the Site's health in the event of a break. Marketplace does not guarantee that the Site meets/will meet the User's requirements and expectations, nor that the Site's functionality will be provided continuously, quickly, reliably and without errors. Marketplace takes the necessary measures to provide the User with a quality service, including during technical breaks in the site. All technical failures and system errors should be reported to the Site's technical support email address.
6.3. Marketplace is not liable for failure or improper performance of its obligations due to disruptions in telecommunications and energy networks, malware, and unscrupulous actions of third parties, to prevent unauthorized access and/or failure of the Service's software and/or hardware complex.
6.4. Marketplace is not liable for any type of user damage soccurreed by the User's use of the Site or its separate functionality.
6.5. Conditions extend their effect to all types of User-Marketplace interactions, including, but not limited to, the following: any user actions committed through the Site interface, mail, SMS, and e-mail correspondence, communication with the Marketplace contact center. The user undertakes to show respect, patience and attentiveness and clearly express his thoughts when communicating with Marketplace employees, not to use obscene language, as well as not to use insults and not to express their discontent in a rude manner . If the User violates the provisions of this paragraph and other conditions set out here in this document, Marketplace reserves the right to limit interaction with such a User.
6.6. In the event of claims or wishes to Marketplace, as well as if any alleged infringement of property or personal property intellectual rights, as well as other personal property rights of third parties in the In connection with the content posted on the Site, the User must notify Marketplace of their claim or alleged infringement by sending an application or email notification to email@example.com.
The deadline for reviewing Marketplace's claim is 7 working days, if another special response period is not explicitly provided by Russian law.
7 other provisions
7.1. This Agreement is a contract between the User and Marketplace regarding how the Site is used.
7.2. This Agreement is regulated and interpreted in accordance with the law applicable to user-market relations on goods/services ordered using the Site.
7.3. If, for one reason or another, one or more provisions of this Agreement are invalidated or null and void, this has no effect on the validity or applicability of the remaining provisions of the Agreement.
7.4. Parties are obliged to maintain confidentiality and, without the written consent of another Party, not to disclose or make available to third parties any information that is the property of another Party or has signs.
Parties recognize all information the User has received while the User is working with the Site and receiving the services of Marketplace, which has confidential (confidential information).
The user undertakes not to disclose confidential information to anyone, except in cases provided by applicable law in compliance with the requirements of the authorities, law enforcement agencies or the court or when such information is publicly available, or by mutual agreement of the Parties.
Information is not considered confidential if such information is
- is public;
- was known to the party she received at the time of the disclosure;
- unknowingly, despite taking the same precautions that the accused Party takes for its information being its property.
The party that has violated this provision undertakes to reimburse the second Party for all the damages incurred by the current legislation incurred by the second Party in connection with the disclosure of information related to the implementation of the Treaty.