Beru Services Agreement

1. Terms and definitions

User Account is the Customer-to-Service interaction program interface which contains information about the Customer, Statistics and other information related to the Services under the Agreement, and allows remote interaction between the Parties under the Agreement, available to the Customer after it logins using the Customer’s login and password on the Contractor’s website, through application programs (including mobile software) or API.

Statistics are data from the Contractor's automated information systems, which may also include information about the rendered Services and other electronic Agreement-related information.

Agreement is this agreement concluded between the Contractor and the Customer as prescribed by section 2.4 of the Agreement available online at: https://yandex.ru/legal/beru_service_agreement.

Customer is a private entrepreneur or a legal entity who sells goods to consumers remotely and has sent an offer to the Contractor to conclude this Agreement as defined in section 2.4 of the Agreement.

Contractor is Yandex.Market LLC (Tax ID 7704357909, 9 Novinsky Boulevard, space 9.03, 9th floor, 121099, Moscow, Russian Federation).

A Product Detail Page (PDP) is a collection of data about a Product offered for sale on the Service that contains, inter alia, Content, as well as other information about goods, its modifications, characteristics, list of parts, which must be communicated to consumers within the consumer protection laws. A PDP is a visual image of the Customer's Product Offer; a Product Offer contained in the PDP at any given time is determined in accordance with the rules established by the Contractor.

Content is any intellectual deliverables contained in Product Offer, including, but not limited to, descriptions of and images of the Goods.

User Account Number is a unique identifier of the Customer, which is used for uniform aggregate accounting of Services rendered by Yandex, information about payments for the Services and about Customer’s unpaid balances for the Services rendered but not paid for under the Agreement. A User Account is a technological measure and it is not used as a settlement or a bank account. A Customer is assigned two user account numbers where one is used for Certificates issued under section 3.1. of the Agreement, and the second one for certificates issued under section 3.2. of the Agreement.

Shipper is a person who actually transfers Goods/Package to the Contractor/Delivery Agent/Warehouse Operator. A Shipper may be the Customer or other persons engaged by the Customer to collect and transfer Goods/Packages and then forward them to the Contractor/Delivery Agent/Warehouse Operator.

Package is Goods or a set of Goods properly put together and prepared by the Customer or the Contractor based on the Customer’s order for further delivery to the Consumer. Ownership to Goods or a pile of Goods made up into a Package shall not pass from the Customer to the Contractor during its delivery to the Consumer or at any other time during the term of the Agreement.

Reporting Period is a calendar month.

User is an individual who uses the Service under the Beru Terms of Use document available at: https://yandex.ru/legal/beru_termsofuse

Consumer is an individual who remotely buys Goods from the Customer by placing an order for Goods in the Customer’s store on the Service.

Beru Service (the Service) is https://beru.ru website and the Beru mobile application that allow access to the Beru database. Beru database is an information referral system with information about goods and services for potential buyers (consumers) of goods (services).

Yandex.Market Service means all websites (including, but not limited to, those located online at: http://market.yandex.ru) application programs (including mobile software) of the Contractor or its affiliates that provide access to the Yandex.Market database.

Warehouse (Warehouses) is/are premises to warehouse Goods, legally owned and used by the Warehouse Operator, where Goods are stored and handled. Warehouse locations and other information about them is available in the List of Warehouses and Warehouse Operators table at https://yandex.ru/legal/beru_services_warehouses.

Warehouse Operator is the Contractor and/or an entity that provides storage and warehouse servicing of Goods in a Warehouse and that has been engaged by the Contractor to provide services to the Customer, featured in Appendix No. 2 to the Agreement.

Parties are Contractor and Customer. Contractor and Customer are individually referred to as the Party.

Subcontractor (Subcontractors) is/are persons engaged by the Contractor to fulfill its obligations under the Agreement to the Customer, including a Warehouse Operator and/or a Delivery Agent.

Goods are goods that are the subject matter of a purchase and sale contract between the Customer and the Consumer. The Customer owns and sells Goods. All relations related to purchase and sale of Goods on the Service are formed directly between the Customer and the Consumer. The Contractor is not the seller of Goods or the Customer’s authorized person to accept and satisfy Consumers’ quality claims for Goods. Herewith, to the extent provided by the Agreement, the Customer may instruct the Contractor to implement separate actions on behalf and at the expense of the Customer to accept and satisfy Consumer claims for Goods.

Product Offer is the Customer's merchandise offering to the Users (the Customer’s offer to conclude a purchase and sale contract for the Goods submitted by the Customer to the Contractor as per Appendix No. 1 to the Agreement, and posted on the Service.

Transit Warehouse (warehouses) is/are premises owned and used by the Subcontractor where Goods are consolidated and further delivered by the Contractor to a relevant Warehouse. Transit Warehouse locations and other information about them is available in the List of Warehouses and Warehouse Operators table at https://yandex.ru/legal/beru_services_warehouses.

Beru Service (Services) is a range of the below services rendered by the Contractor to the Customer that are related to placing of Customer's Product Offers on the Service:

  • Services to place Customer’s Product Offer and provide functionality to the Customer that allows the User to conclude a purchase and sale contract for Customer’s Goods on the Service (description of and conditions for these services are available in Appendix No. 1 to the Agreement);
  • Fulfillment services (description of and conditions for these services are available in Appendix No. 2 to the Agreement);
  • Delivery services (description of and conditions for these services are available in Appendix No. 3 to the Agreement).

The Agreement (including its appendices) may use terms that were not defined in this section of the Agreement. In this case, such term shall be interpreted according to the text of the Agreement (including its appendices). Where the term is controversial in the text of the Agreement, such term shall be interpreted, primarily, based on the laws of the Russian Federation, and secondly, concepts prevailing (generally used) in the Internet.

2. Subject matter of the Agreement and liabilities of the Parties

2.1. Under this Agreement, the Contractor shall provide Services to the Customer for a fee, and the Customer shall accept and pay for the Services as prescribed by the Agreement and its appendices.

Agreement fulfillment procedure and relevant liabilities of the Parties are stated in appendices to the Agreement.

2.2. As provided for in Appendix No. 4 to the Agreement, the Contractor shall, for a fee and as assigned by the Customer (hereinafter – the “Assignment”), on its own behalf and at the expense of the Customer, do the following physical acts to:

  • 2.2.1. accept non-cash payments made by Consumers in favor of the Customer to pay for Goods in the Customer’s store ordered via the Service;
  • 2.2.2. accept money from Consumers for Packages shipped to Consumers, against their obligations to the Customer under the purchase and sale contracts for Goods, concluded by and between the Customer and Consumers;
  • 2.2.3. transfer Customer’s refunds to Consumers if a Consumer withdraws from the Agreement, returns Goods or in other cases envisaged by the Agreement.

2.3. The Contractor may engage third parties to fulfil its obligations under the Agreement (including to fulfil the Assignment) being responsible for their actions to the Customer.

2.4. Procedure for concluding the Agreement

The basis for concluding the Agreement shall be the Contractor's offer to conclude the Agreement, which may be submitted to the Customer following the examination of its application to be present on the Service.

Upon receipt of the above offer, the Customer shall initiate the contracting process by filling in and sending, from the Customer’s email address stated in the User Account, a scanned copy of the Customer’s offer to sign the Agreement, using the template from Appendix No. 6 to the Agreement. Such application with the offer shall be sent by the Customer to the Contractor via the User Account.

A scanned copy of the filled in application with the offer signed by the authorized person and sealed by the Customer (if there is a seal), sent by the Customer to the Contractor shall be deemed an irrevocable offer from the Customer to the Contractor to conclude the Agreement on the terms fixed by the Agreement and the application offer.

The Contractor shall notify the Customer that its application offer has been accepted or refused via email provided by the Customer in its User Account. Such notice shall be sent to the Customer within 7 (seven) business days from the date when the Contractor receives the Customer’s application offer, if there is no need for any further clarifications or changes to the application offer by the Customer.

The Agreement shall be deemed concluded by and between the Parties from the date the Contractor sends the Customer the notice of acceptance of the application offer via email stated in the User Account and after relevant information was posted in the User Account. This notice shall mean that the Customer’s offer has been accepted by the Contractor.

2.4.1. A necessary condition for the Parties to sign and fulfil the Agreement is that the Parties must sign and observe the terms of the Beru Marketing Agreement available at https://yandex.ru/legal/beru_marketing_agreement, as well as the Parties’ compliance with the following documents:

2.4.2. When signed, this Agreement shall have a number that is displayed in the User Account or is communicated to the Customer by email to the Customer's email address stated in the User Account.

2.5. When submitting an offer, the Customer shall select one or more services related to the delivery of Goods to Consumers hereunder, namely: fulfillment services (Appendix No. 2 to the Agreement) and/or delivery services (Appendix No. 3 to the Agreement), herewith, the Contractor shall post Customer’s Product Offers, provide functionality for the Customer that allows a User to conclude a purchase and sale contract for the Customer’s Goods via the Service (Appendix No. 1 to the Agreement), and execute the Assignment no matter what types of services the Customer will select under this section.

2.6. If the Customer selects delivery services (Appendix No. 3 to the Agreement), posting of Customer’s Product Offers and functionality for the Customer that allows a User to conclude a purchase and sale contract for the Customer’s Goods via the Service (Appendix No. 1 to the Agreement), as well as the execution of the Assignment will commence from the start date of the services set under paragraph 3 of Appendix No. 3 to the Agreement.

3. Service acceptance procedure

3.1. At the end of the Reporting Period, the Contractor shall draw up a unilateral service delivery report (hereinafter – “the Report”) and send it to the Customer not later than 7 (seven) business days from the end of the Reporting Period. The Contractor’s Report to the Customer shall be accompanied by an invoice. The Customer may generate detailed statistics (including information about the Goods sold by the Customer, their cost, date of delivery to the User, amounts paid by Consumers to the Customer for relevant Goods) in the User Account (which cannot be sent by e-mail or by regular mail).

The Contractor shall send the Report to the Customer by mail, with a copy of the same duplicated by e-mail, in the manner prescribed by Section 5 of the Agreement.

The Parties acknowledge that a copy of the Report emailed by the Contractor to the Customer will be used by the Customer during acceptance of Services and obligations under the executed Assignment, until the original copy of the same is received.

The date of receipt of a copy of the Report emailed by the Contractor to the Customer shall be the next business day after the emailing.

The Parties have agreed that Services are considered duly rendered by the Contractor and accepted by the Customer in the reported amount, if the Contractor does not receive substantiated written objections from the Customer within 13 (thirteen) calendar days from the end of the Reporting Period. After the above period, claims regarding inadequate Services, including their quantity (amount), cost and quality are not accepted.

3.2. Within the Assignment (section 2.2 of the Agreement), the Contractor shall, within 7 (seven) business days from the end of the Reporting Period, draw up a unilateral Assignment Completion Report (the Report) and send it to the Customer. Together with the Report, the Contractor shall draw up a unilateral Assignment Completion Certificate and the invoice. Assignment Completion Certificate and the invoice shall be sent to the Customer together with the Report.

The Parties acknowledge that the Customer will use a copy of the Report and the Assignment Completion Certificate emailed by the Contractor to the Customer, to accept the Services before the Customer receives the original copy of the Report.

The date of receipt of a copy of the Report and the Assignment Completion Certificate emailed by the Contractor to the Customer shall be the next business day following the day of emailing.

An Assignment (section 2.2 of the Agreement) shall be deemed duly executed by the Contractor and accepted by the Customer in the amount featured in the Report and the Assignment Completion Certificate if, the Contractor does not receive substantiated written objections from the Customer within 13 (thirteen) calendar days from the end of the Reporting Period. After the above period, claims regarding Contractor’s execution of the assignment shall not be accepted.

3.3. If the Contractor independently identifies possible causes for the Customer’s substantiated written objections regarding the cost of the Services and/or the size of the fee after any Reporting Period (which however shall not exceed one calendar year from the date when it was identified), the Customer agrees that the cost of the Services and/or the size of the fee for the Reporting Period where the Contractor identified such cases may be adjusted downward or upward. The final cost of Services agreed by the Parties shall be verified by relevant Reports for the Reporting Period. Where the final cost of services is reduced, the Parties may sign a compensation agreement for the Contractor to refund to the Customer the amount by which the final cost of the Services was reduced. This section shall cover relations between the Parties that arose after signing the Agreement.

4. Cost of Services. Contractor’s fee. Settlement procedure

4.1. The Services shall be priced according to Appendices No. 1-3 to the Agreement.

4.2. For the executed Assignment under this Agreement, the Customer shall pay a fee to the Contractor in the amount and manner prescribed by Appendix No. 4 to the Agreement.

4.3. Contractor's Services rendered in the Reporting Period shall be paid by the Customer on a monthly basis within a period not exceeding 15 (fifteen) calendar days from the date of the Contractor’s Report for a relevant Reporting Period. A payment order to pay for the Services, drawn up by the Customer, shall state the User Account number featured in the Report issued under section 3.1. of the Agreement; otherwise, the Contractor will not guarantee timely accounting of the received payment for the rendered Services.

4.4. Contractor’s fee for the completed Assignment shall be paid by the Customer on a monthly basis within the period not exceeding 15 (fifteen) calendar days from the date the Contractor draws up the Assignment Completion Certificate for a relevant Reporting Period. A payment order to pay for the Services, drawn up by the Customer, shall state the User Account number featured in the Report issued under section 3.2. of the Agreement; otherwise, the Contractor will not guarantee timely accounting of the received payment for the rendered Services.

4.5. The Customer is deemed to have fulfilled its obligations to pay for the Services and the Contractor’s fee for the completed Assignment when the funds are credited to the Contractor’s correspondent bank account.

4.6. The Contractor shall transfer money received by the Contractor from Consumers within the Assignment to the Customer in the manner and within times stipulated by Appendix No. 4 to the Agreement.

4.7. When rendering Services under the Agreement, the Contractor allows the Customer to review online the Contractor’s statistics in the User Account using the Customer’s login and password on the Contractor’s Internet resources.

4.7.1. The Parties agreed that in disputes sufficient proof of the cost of Services rendered by the Contractor under the Agreement shall be the Contractor’s Statistics available to the Customer online under section 4.7 of the Agreement.

5. Notifications and exchange of information

5.1. Any notifications allowed and/or necessary under this Agreement shall be sent by the notifying Party to the notified Party by e-mail, fax, courier or mail. Unless otherwise mentioned in the Agreement, a notice shall be deemed delivered from the moment it is received by the notified Party. To send information to the Customer, e-mail address provided in the application offer (section 2.4 of the Agreement) or in the User Account shall be used.

5.2. Where information is exchanged via the User Account, a relevant Party shall control and be responsible for reviewing information in the User Account by independently monitoring for new information, its amendments, notices and documents in the User Account.

5.3. The Parties agreed that the Reports, Certificates and invoices may be sent by the Contractor to the Customer as an e-document signed by an advanced qualified electronic signature as prescribed by the Federal Law ‘On Electronic Signature’ No. 63-FZ dated 6 April 2011. The Contractor may send to the Customer other documents in soft form as prescribed above if the Contractor informs the Customer thereof either of the following ways: by email; by fax; by courier; by the Contractor emailing to the Customer an e-document signed using advanced electronic signature as prescribed by the Federal Law ‘On Electronic Signature’ No. 63-FZ dated 6 April 2011.

The Parties hereby acknowledge and guarantee that when exchanging e-documents in the above cases, only qualified electronic signature can be used, and they further guarantee that in their e-workflow they will observe any and all requirements of Federal Law ‘On Electronic Signature" No. 63-FZ dated 6 April 2011 and other effective laws.

The Contractor shall send Reports, Certificates and invoices by either of the above methods only if the Customer complies with the following:

  • The Customer is a subscriber of the operator of the electronic documents flow;
  • The Customer signed an electronic document flow agreement with the Contractor, using its user account in the operator’s electronic document flow system for this purpose.

5.4. The Contractor and the Customer acknowledge that when issuing e-invoices, the “Contractor” shall be the same as the “Agent”, and the “Customer” shall be the same as the “Principal”.

6. Liability of the Parties. Warranty

6.1. For failure to fulfill or inadequate fulfilment of their obligations hereunder, the Parties shall be liable in accordance with the Agreement (including its appendices) and effective laws of the Russian Federation.

6.2. Except as expressly provided by the Agreement, the Contractor shall not be liable under the Agreement:

  • 6.2.1. for any indirect/indirect losses and/or lost profit of the Customer and/or third parties, regardless of whether the Contractor could possibly foresee such losses in a particular case or not;
  • 6.2.2. for any portion of works/services needed to fulfil the Agreement and performed by the Customer without any prescribed liability and/or Contractor’s control, as well as for any damage resulting from the actions or failure to act, or breach of the Agreement by the Customer, or its clients, representatives, agents or subcontractor(s).

6.3. In case of the Customer’s breached payment deadlines for the Services, the Contractor may request the Customer to pay a penalty of 0.1% of the size of late payment for each day of delay, which, however, shall not exceed 10% of the size of late payments.

6.4. A claim submitted by either Party shall be the basis to impose penalties or seek redress under the Agreement. A paid penalty shall not exempt the Parties from proper fulfilment of their obligations under the Agreement.

6.5. The Customer warrants that Goods sold by the Customer via the Service have been lawfully marketed on the territory of the Russian Federation, in particular, Goods sold under a relevant trademark have been marketed personally by the owner of a relevant trademark or with his consent.

6.6. The Customer warrants that its information about Goods to be posted in relevant Product Offers presents any and all necessary details required by consumer protection laws, and further warrants that Goods sold by the Customer via the Service comply with any and all Russian laws, including technical regulation laws. If the Customer failed to provide information about the goods as prescribed by https://yandex.ru/legal/beru_offer_requirements, the Customer thereby agrees that the description of goods corresponds to the information in the PDP featured on the Service. In the context of this section, a PDP is a page on the Service that has a description (features) of Goods and an identifier (SKU) which indicates the Customer’s Goods added to the Service in a manner provided by https://yandex.ru/support/marketplace.

6.7. Where the Customer’s violation of requirements mentioned in sections 6.5, 6.6 of the Agreement caused claims, lawsuits and/or orders by state bodies and/or third parties (including trademark owners and Consumers) against the Contractor to pay penalties, the Customer shall immediately provide the Contractor any and all requested information (documents) related to the relevant Order and Goods (services) sold thereunder, assist the Contractor to settle such claims and lawsuits, and compensate Contractor’s documented losses (including legal expenses, fines) resulting from such claims, lawsuits, orders due to Customer’s violation of third party rights and/or effective laws of the Russian Federation.

6.8. The Contractor shall not be liable under transactions (sale and purchase agreements/service agreements) concluded by the Customer with Consumers, however, if a violation of Consumer’s rights occurred due to the Contractor’s fault, the Contractor shall compensate Customer’s documented losses (actual damages only) caused to the Customer due to relevant claims, lawsuits, orders on consumer rights violation, provided that the Customer immediately notifies the Contractor of such claims, lawsuits, requests filed by public agencies and will act according to the legal strategy agreed with the Contractor under a relevant case.

6.9. In order to fulfill this Agreement, each Party acknowledges and warrants to the other Party that:

  • (i) it has absolute rights and authority to sign and fulfill this Agreement;
  • (ii) it made the corporate decision necessary to authorize fulfilment of this Agreement.

6.10. The Customer shall immediately notify the Contractor of any changes to the application offer by e-mail (at the address mentioned in section 11 of the Agreement) followed by the original copy of such notification mailed (or sent by courier) to the address mentioned in the Agreement.

6.11. The Customer shall be solely responsible for keeping login details (login and password) safe and confidential. Any and all use of the Customer’s login and password (Customer’s representative) in the User Account shall be deemed that is was used by the Customer. The Customer shall be solely liable to third parties for any and all actions made using login and password of the Customer (representative of the Customer). The Contractor shall not be liable for unauthorized use of the Customer’s login details by third parties.

6.12. The Customer agrees to assist the Contractor to settle disputes, orders, claims and lawsuits filed by third parties, public and/or municipal agencies, received by the Contractor due to the fact that the use of Content by the Contractor or third parties which was authorized by the Customer for use under section 1.8 of Appendix No. 1 to the Agreement violates any third-party intellectual property rights or effective laws of the Russian Federation; in particular, the Customer shall immediately upon Contractor’s request provide the Contractor any and all information and documents that proves the Customer’s rights to the relevant Content. The Customer shall reimburse any and all property losses of the Contractor resulting from such orders, claims and lawsuits. The size of such property losses shall be calculated based on Contractor’s documented proof of relevant payments to third parties, public and/or municipal agencies after the Contractor settles such orders, claims and lawsuits, or the Contractor’s obligation to make such payments (including, but not limited to, final and binding court decisions, writs, decisions, orders and other administrative enactments issued by public or municipal agencies).

6.13. The Customer shall be responsible that the materials, including the Content, promotional items provided by the Customer to the Contractor to render services are accurate and complete, and shall reimburse to the Contractor any and all property losses should the Contractor be held liable after publishing Customer’s materials, including fines imposed on the Contractor by final and binding decision of the authorized agency or court, or compensations paid to third parties that filed their relevant substantiated claims.

6.14. The Customer warrants that it owns exclusive rights to materials, including Content, promotional items provided by the Customer to the Contractor and used by the latter to render Services hereunder, and/or that the Customer obtained necessary licenses/consents/etc. from rights holders to use materials, including Content, promotional items by the Customer and the Contractor hereunder.

7. Force Majeure

7.1. The Parties shall not be liable for partial or full failure to fulfill their obligations under the Agreement if this failure was caused by force majeure occurred after signing the Agreement as a result of extraordinary events which the Contractor or the Customer could not foresee and prevent.

7.2. A Party referring to a force majeure event shall immediately inform the other party thereof and provide proof of such force majeure. A proof of such force majeure shall be a document issued by a competent agency or a local branch of the Chamber of Commerce and Industry of Russia.

7.3. In case of force majeure, the deadline for obligations under the Agreement shall be postponed pro rata to the duration of such event and its consequences.

7.4. If force majeure lasts for more than one month, each party may unilaterally and out-of-court withdraw from the Agreement by sending a written notice of termination that features the date of such termination.

8. Confidentiality

8.1. Confidential information in the Agreement is any information transferred by one party to the other in any possible form (oral, written, electronic, other) that is actually or potentially commercially valuable due to its non-public nature and which is not legally accessible and marked by the Disclosing Party as confidential (hereinafter – “Confidential Information”). Confidential information includes, among others, personal details of individuals shared with the Contractor. The Parties shall take measures to prevent the disclosure of confidential information to third parties or sharing of confidential information without the consent of the disclosing party, unless otherwise provided by effective laws.

8.2. Each Party shall take any and all necessary measures to protect Confidential Information with at least the same degree of care with which it protects its own confidential information. Access to Confidential Information will be granted only to those employees of each Party for whom it is reasonably necessary to execute official duties related to this Agreement. To send messages to the Customer, including those with Confidential Information, the Contractor may use either mean provided in section 5.1 of the Agreement, including by email via insecure communication channels; the Contractor may engage third-party services and/or entities designated by the Contractor to transmit such messages and/or provide related services. The Parties acknowledge this procedure for handling the Customer’s Confidential Information as appropriate.

8.3. Confidential Information shall at all times remain the property of the Disclosing Party and shall not be copied or otherwise reproduced without the prior written consent of the Disclosing Party.

8.4. Non-disclosure obligation regarding Confidential Information of the Disclosing Party shall not cover information that:

  1. Was or became public domain at the time of disclosure not through the fault of the Receiving Party; or
  2. Becomes known to the Receiving Party from a source other than the Disclosing Party and the Receiving Party does not violate the terms of the Agreement, supported by a sufficient documented proof that the source of Confidential Information is a third party; or
  3. Was known to the Receiving Party before its disclosure under the Agreement, supported by a sufficient documented proof of owning such Confidential Information; or
  4. Has been disclosed with the written consent of the Disclosing Party;
  5. Is provided under the obligation of the Party in accordance with the Agreement.

8.5. The Customer shall ensure confidentiality and safety of personal data of individuals (Consumers) obtained under the Agreement from the Contractor during their processing, keep such personal data only for the period that is needed to process it and destroy it once processing goals are reached or if such goals are nor relevant any more, provide proof, at the Contractor’s request and if necessary, that such personal data was destroyed.

8.6. The Customer may use personal data of the User/Consumer who made an Order via the Service, which were transmitted to it by the Service solely to execute the Customer’s agreement with the Consumer when the latter makes an Order via the Service.

8.7. Any other use of the User’s/Consumer’s personal data by the Customer is prohibited, unless the Customer obtains the User’s/Consumer’s consent for such use in accordance with the law. If the Customer fails to comply with this requirement, the Contractor may terminate the Agreement with the Customer from the date of a relevant notice to the Customer.

9. Duration and termination of the Agreement

9.1. This Agreement shall last for an indefinite period and becomes effective from the moment mentioned in section 2.4 of the Agreement.

9.2. The Agreement shall terminate upon termination of the Beru Marketing Agreement available at https://yandex.ru/legal/beru_marketing_agreement.

9.3. The Agreement may be terminated at the Contractor’s initiative when it is technically impossible to provide Services. In this case, the Contractor shall forward a notice of termination of the Agreement to the Customer at the Customer’s email address mentioned in the application offer (section 2.4 of the Agreement) or in the client’s Web interface. The Agreement shall be deemed terminated from the day following the date of the Contractor sending such notice.

9.4. The Agreement may be terminated by mutual agreement of the Parties or at the request of either of them. A Party that intends to unilaterally terminate the Agreement shall notify the other party thereof not later than 15 (fifteen) calendar days before the expected date of termination of the Agreement. The Contractor may send such notice to the Customer’s email address featured in the User Account or in the application offer (section 2.4 of the Agreement).

9.5. The Agreement may be terminated by the Contractor early and unilaterally, and out-of-court if the Customer breaches its obligations under the Agreement or under the contract mentioned in section 2.4.1 of the Agreement. In this case, the Contractor shall email a termination notice to the Customer at least 3 (three) calendar days before the date of such termination.

9.6. Upon termination of the Agreement by the Parties, final settlements shall be made taking into account the cost of obligations actually fulfilled by the moment when the Agreement was terminated.

9.7. In case of termination of this Agreement, any and all obligations of the Parties to the Agreement, which by their nature shall survive (including confidentiality, mutual settlements obligations, but not limited to these) the expiration of the Agreement.

10. Final provisions

10.1. All disputes and disagreements between the Parties shall be settled through negotiations. The Parties must observe letter-of-claim and pre-action protocol to settle disputes between them. A claim shall be in writing, signed by the authorized representative of the Party who sent the claim. This shall be supported by a soft copy of the claim sent to the email addresses of the receiving Party (the Contractor’s email address is available in section 11 of the Agreement; the Customer’s email address is available in the application offer (section 2.4 of the Agreement)). The original copy of a claim shall be forwarded to the Party’s address mentioned in section 11 of the Agreement (the Contractor’s address) or in the application offer (section 2.4 of the Agreement) (the Customer’s address) by registered/certified mail with return receipt requested or against acknowledgement of receipt to persons authorized to receive claims under the Agreement. The Party receiving a claim shall consider it and reply to the other Party within 10 (ten) business days from the date of its receipt.

If the dispute is not settled during the negotiation process, all disputes under this Agreement or in connection with it shall be settled in accordance with effective laws of Russia in the Moscow Arbitration Court (unless otherwise provided in appendices to the Agreement).

10.2. The Agreement and its performance shall be governed in accordance with the Russia’s laws.

10.3. The Contractor reserves the right to amend terms and conditions of the Agreement available online at https://yandex.ru/legal/beru_service_agreement at any time at its discretion with a prior notice to the Customer thereof at least 10 (ten) calendar days before they become effective, unless the appendices to the Agreement set a different notice period for certain changes. If the Contractor amends the Agreement, such amendments shall become effective from the moment when such amended text of the Agreement is posted on the Internet at https://yandex.ru/legal/beru_service_agreement, unless there is a later effective date for such posting of amendments additionally set.

The Contractor shall inform the Customer of the above changes by either of the following methods: via the User Account and/or by e-mail to the address stated in the User Account or in the application offer (section 2.4 of the Agreement).

For amendments to the Agreement that do not put additional or reduce the existing Customer’s obligations under the Agreement, and/or limit its rights, and reduce/limit the functionality of the Service, the notice of such changes to the terms of the Agreement is not needed.

10.4. If the Customer disagrees with the amended terms of the Agreement, the Customer may terminate this Agreement by notifying the Contractor thereof within 15 (fifteen) calendar days from the date of Contractor’s notice, by emailing a termination notice to merchant@beru.ru or to the Contractor’s manager featured in User Account, from the Customer’s email address stated in the User Account. In this case, the Agreement shall be deemed terminated upon 15 calendar days from the date of the Customer’s notice.

10.5. All appendices to this Agreement are its integral part.

10.6. If one or more of the provisions of this Agreement become invalid and ineffective for any reason, this shall not affect the validity of any other provision of the Agreement, and the Agreement shall be interpreted as if it did not contain such invalid provision.

11. Contractor’s details

Yandex.Market LLC

9 Novinsky Boulevard, space 9.03, 9th floor, 121099, Moscow, Russian Federation

Tax ID/Tax registration reason code 7704357909/997750001

s/account 40702810438000034726 with Sberbank of Russia PJSC

c/account 30101810400000000225

BIC 044525225

Email: merchant@beru.ru

Appendix No. 1

Customer’s Product Offer posting and functionality services for the Customer to allow a User to have a sale and purchase contract for the Customer’s Goods via the Service

1. Terms of Service

1.1. The services under this Appendix shall cover Goods placed by the Customer at the Warehouse in a manner and under the terms set by Appendix No. 2 to the Agreement, as well as Goods stored in the Customer’s warehouse and/or store in a manner and under the terms set by Appendix No. 3 to the Agreement.

1.2. Using the Beru Service, Users may order from the Contractor delivery of goods offered by customers in relevant Product Offers. Customer's Product Offers may be displayed on the Beru Service, including on https://yandex.ru/legal/beru_termsofuse site and in Beru mobile application. Herewith, Users are offered to conclude a sale and purchase contract for particular Customer’s Goods by making an order (hereinafter in the Appendix – an Order) via the Service.

1.3. Product Offers to be displayed on the Service are selected under relevance criteria set by the Contractor.

1.4. Apart from the sites mentioned in section 1.2 of this Appendix, Product Offers may be displayed on Yandex.Market service at locations mentioned in Yandex.Market General Terms and Conditions available online at: https://yandex.ru/legal/market_general. Where Customer’s Product Offers are displayed on Yandex.Market service, they also have a link to the same Product Offer on Beru Service, where a User may enter into a sale and purchase contract for such Customer Goods. Posting of Product Offers within the offer for Yandex.Market services (https://yandex.ru/legal/oferta_market) is not the subject matter of the Agreement, and in such case, the Customer shall not be charged extra money for posting Product Offers on Yandex.Market service additional to the cost of Services covered by the Agreement.

1.5. When posting Customer’s Product Offers on the Service, Users may place an order for goods (including to order more goods from different customers at a time) and pay for them directly via the Service or after receiving them.

1.6. Delivery of Goods ordered by a User via the Service shall be arranged and made by the Contractor on its behalf. Herewith, the Contractor shall be liable to the User for proper fulfillment of obligations to deliver Customer’s Goods under the goods sale and purchase contract concluded between a User and the Customer on the Service, unless otherwise is stated in the Agreement and its Appendices.

1.7. Information about the Customer is provided to the Consumer in the Order form on the Service, and is also messaged to the User in a confirmation notice for the Order made via the Service, under which the User purchased Customer's Goods.

1.8. Information about Product Offers to be placed on the Service shall be transferred by the Customer in a manner prescribed by and in compliance with the Product Offer, Format and Data Transfer Requirements available at https://yandex.ru/legal/beru_offer_requirements.

The Customer shall grant the Contractor, under a non-exclusive license and free of charge, the right to use the Content provided by the Customer to the Contractor anywhere in the world during the entire term of the exclusive right to the Content as follows: reproduce the Content in the computer memory; distribute the Content; process; make the Content available to the public; sublicense the right to use the Content to third; add the Content to the advertising aids, including to complex or compiled work, aimed to promote Contractor services and products. Such advertising aids featuring the Content may further be used for reproduction, distribution, putting to the public domain, public showing, public performance, cable transmission or broadcasting.

1.9. A Customer’s Product Offer may not be displayed on the Service if the cost of such goods exceeds its median price calculated based on Yandex.Market data, by 30% or more (but at least by RUB 150). The median price for goods is calculated as per the document available at https://yandex.ru/legal/beru_average_price_calculation.

This section shall not cover:

1.9.1. Product offers under categories and subcategories mentioned at https://yandex.ru/support/marketplace/catalog/prices.html#prices__median.

1.9.2. Product offers with less than 10 offers for sales on Yandex.Market.

The Contractor may unilaterally and without a notice to the Customer change the list and number of categories and subcategories, as well as product offers, which are not covered by section 1.9 of this Appendix.

1.10. When posting Product Offers and information about the Customer on the Service, special conditions, rules and restrictions may apply to posting and display of Product Offers and information about the Customer, available at: https://yandex.ru/support/marketplace.

The Customer shall observe such rules and restrictions. The Contractor may unilaterally and without a notice to the Customer change conditions, rules and restrictions on posting Product Offers on the Service.

1.11. Under this Appendix, the Parties shall interact via the User Account.

1.12. The Customer may be allowed to independently create PDPs using the User Account, including upload the content to the Service and create description of Goods, as well as add any other essential information. Such PDPs shall be created in accordance with the rules and restrictions available in the Help section at https://yandex.ru/support/marketplace/add-items/requirements.html. Herewith, the Customer shall not independently create PDPs identical to those already available on the Service. If PDPs created by the Customer identical to those already available on the Service are identified, the Contractor has the right, at its discretion, to remove such PDPs or combine them with already existing PDPs.

2. Cost of services

2.1. Cost of services rendered under this Appendix shall be in Russian rubles as a percent of the total cost of the Customer’s Goods in each Order made by a User via the Service.

2.2. Cost of services under this Appendix shall be calculated as follows:

  • 2.2.1. The interest rate for a certain category of Goods, found in the table available at https://yandex.ru/legal/beru_services_rate_table (see column “Interest rate to calculate the cost of Contractor’s services under Appendix No. 1 to Beru services agreement”), is multiplied by the cost of relevant Customer’s Goods from the Order, including all applicable taxes (the result shall be rounded off to integral kopecks as per arithmetic rules). If the order has Customer’s Goods with the same name, the total value of the Customer’s Goods with the same name in the Order shall be rounded and calculated as per section 2.2.2;
    • 2.2.1.1. The cost of Contractor’s services, regardless of the Interest rate under the table available at https://yandex.ru/legal/beru_services_rate_table, shall not be less than RUB 20 for the Goods under ‘Display + fulfillment’ services (Appendix No. 2), and shall not be less than RUB 75 for the Goods under ‘Display + delivery’ services (Appendix No. 3).
    • 2.2.1.2. Herewith, if an Order is cancelled through the Customer’s fault under ‘Display + Delivery’ services, RUB 75 service fee shall be fully paid by the Customer according to the above.
  • 2.2.2. Figures obtained under section 2.2.1 (after rounding) for each Customer’s Goods in the Order shall be summed up.
  • 2.2.3. The cost of services calculated as per section 2.2.2 under the Order shall be summed up with the likewise calculations under other Orders made by Users via the Service during the Reporting Period.
  • 2.2.4. The amount received as per section 2.2.3 shall be the cost of services under this Appendix, rendered to the customer for the Reporting Period. The cost of services calculated as prescribed above is inclusive of VAT at the rate set by effective laws of the Russian Federation.

2.3. Cost of services rendered under this Appendix and each Order made via the Service shall be debited (credited) at the moment when Goods are transferred to the Consumer and/or when the Order changes its status to “Delivered” (handed to the Consumer). The status of the Order that features Customer’s Goods is available in a detailed statistics report in the User Account. Unless otherwise mentioned in section 2.3.1 of this Appendix, if the Consumer has not accepted one or more Customer’s Goods when receiving them (i.e. these Goods have not been handed to the Consumer), the cost of such Goods (which have not been accepted by the Consumer) shall not be included when calculating the cost of Services under this Appendix.

2.3.1. In this case, where the Consumer rejected the Customer’s Goods due to poor quality of Goods or inaccurate information about the Goods of the Customer, the cost of services rendered under this Appendix and a relevant Order made via the Service, in respect of such Goods, shall be debited (credited) at the end of the Reporting Period in which the above event occurred, regardless of whether the Order changed its status to “Delivered” (handed to the Consumer).

Appendix No. 2 (“Display + fulfillment”)

Fulfillment services

1. Terms of Services

1.1. The Contractor shall render the following package of services (“fulfillment services”) to the Customer:

  • 1.1.1. Acceptance of Goods and their warehousing.
  • 1.1.2. Warehouse storage of Goods on the terms set by this Appendix, return of Goods to the Customer when requested. Procedures for acceptance of Goods by a Warehouse Operator for storage, as well as its return described in Appendix 2.1 to the Agreement.
  • 1.1.3. Warehouse handling of Goods. The Parties agreed that warehouse handling of Goods by the Contractor at the Customer’s expense includes sorting, affixing a special sticker with a unique code (bar code) on Goods (hereinafter – the “Bar Code”), packaging, pre-packaging, defect handling, and matching of Goods to put up a Package, making up and other manipulations with the Goods. Herewith, when a package is returned to the Customer, the latter shall not make claims regarding Barcodes attached to the Goods.
  • 1.1.4. Handling of Packages abandoned by Consumers and returned to the Warehouse.
  • 1.1.5. Preparation of accompanying documents necessary to deliver a Package to the Consumer based on a preferred delivery method.
  • 1.1.6. Transfer of Packages to the Delivery Agent.
  • 1.1.7. Making up and packaging of Goods of varying categories into a Package.
  • 1.1.8. Transportation and forwarding of returns.
  • 1.1.9. Acceptance and processing of returns.
  • 1.1.10. Tracing of Packages if they were lost after handing over for shipment.
  • 1.1.11. Other services envisaged by this Appendix and Appendices No. 2.1 – 2.5 to the Agreement.
  • 1.1.12. Delivery (acceptance and movement) of Goods through the Transit Warehouse to the Contractor’s Warehouse.

1.2. Services mentioned in sections 1.1.1, 1.1.2. and 1.1.12 of this Appendix are rendered under Customer’s requests submitted via the User Account (Request). Such submitted Request shall be in full force and effect and treated as if they are made in writing. Herewith:

  • 1.2.1. A Request may be made by the Customer only for those Goods (and in such quantity) and only to those Warehouses which were pre-approved between the Contractor and the Customer. Such approval is possible by any means mentioned in sections 5.1 – 5.2 of the Agreement.
  • 1.2.2. The Parties agreed that the Contractor has the right, at its discretion, form a list of Goods (and their quantity) which may be transferred by the Customer to the Warehouse, as well as a list of Warehouses, which may accept Customer’s Goods pre-agreed by the Parties, to ensure Services under the Agreement.
  • 1.2.3. If the Contractor does not provide acceptance of Goods in a Warehouse chosen by the Customer, such information shall be featured in the User Account. In this case, the Customer may choose another Warehouse, which can accept Goods pre-agreed by the Parties to ensure Services under the Agreement.
  • 1.2.4. The Contractor may refuse to fulfil obligations under a Customer’s Request where its terms and conditions were not pre-approved by the Contractor.
  • 1.2.5. Shelf (service life) of Goods when they are admitted by the Customer to the Warehouse shall be as follows:
Total shelf (service) life of Goods To be accepted upon delivery to the Warehouse with remaining life not less than the total shelf (service) life, %
Up to 7 months 60%
8 to 12 months 50%
More than 12 months 40%
  • Goods with shorter shelf life may be admitted to a Warehouse upon written confirmation by the Contractor thereof.
  • 1.2.6. If the Customer breaches conditions set in sections 1.2.1 – 1.2.5 of this Appendix, the Contractor may refuse the Customer to accept relevant Goods to the Warehouse and return them to the Customer at the expense of the latter. The Customer shall reimburse any and all expenses incurred by the Contractor due to Customer’s breach of conditions set in sections 1.2.1 – 1.2.5 of this Appendix within three days from the date of Contractor’s relevant request.
  • 1.2.7. The Customer shall fill out the forms of documents/tables found in the Customer’s User Account, that specify the features of Goods, as well as other information relevant for the Contractor to render services under the Agreement.
  • 1.2.8. A service from section 1.1.12. of the Appendix shall be deemed rendered by the Contractor upon secondary acceptance of Goods at the Contractor's Warehouse.

1.3. The Service will not sell Goods if their remaining shelf (service) life is less than 10% of the total shelf (service) life.

1.4. The Parties agreed that Goods are transferred by the Customer directly to the Warehouse Operator of a relevant Warehouse chosen by the Customer using User Account functionality and subject to the restrictions mentioned in the List of Warehouses and Warehouse Operators table available at https://yandex.ru/legal/beru_services_warehouses.

1.5. Unless otherwise is agreed by the Parties, the Customer shall submit Requests to transfer Goods to the Warehouse not later than 1 pm (Moscow time) of the day preceding the day of expected arrival of Goods. Information is exchanged electronically. Such information shall include all necessary information about the expected time of arrival of Goods to the Warehouse, its amount, etc.

If the quantity of Goods featured in a Request to transfer Goods to the Warehouse is more than 20% higher than the quantity of Goods transferred in pieces against the average figure per one business day for the past 20 business days, the Contractor may limit acceptance of Goods whose quantity exceeds the above amount, without any liability, penalties, fines for downtime, etc. being imposed. In the above case, the Customer shall submit a Request not later than 10 days before Goods are transferred to the Warehouse, or agree with the Contractor in advance by e-mail, whether it is possible to submit such Request later than the set deadline.

Increased quantity of Goods beyond the above restrictions may be transferred for storage if the Customer notifies in advance at least 10 (ten) calendar days before the planned increase of quantities of Goods transferred for storage.

1.6. The Customer shall, where applicable, put in the packaging of Goods transferred to the Contractor/Warehouse Operator a warranty leaflet, a user manual, and any other documentation that shall be transferred to the Consumer upon delivery of Goods in accordance with consumer protection laws.

1.7. For certain Goods, a Request for services set in sections 1.1.3 – 1.1.11 of this Appendix is generated automatically when a User makes an Order via the Service, which has Customer's Goods (i.e., at the time the Consumer concludes a sale and purchase contract with the Customer on the Service).

1.8. Goods Return Request is made by the Customer in the User Account. Goods for which a Return Request was drawn up shall be removed by the Customer under the terms of this Appendix from the following Warehouses:

1.8.1. Goods that were not sold on the Service shall be removed from the Warehouse where the Goods were stored, unless otherwise is prescribed by the terms of the Agreement, features of the User Account and/or additionally agreed by the Parties.

1.8.2. Goods returned by a Consumer, including due to poor quality, shall be removed by the Customer in accordance with the terms of this Appendix from the Warehouse mentioned in paragraph 1 of the List of Warehouses and Warehouse Operators table available at https://yandex.ru/legal/beru_services_warehouses, unless otherwise is prescribed by the terms of the Agreement, features of the User Account and/or additionally agreed by the Parties.

1.9. The Contractor shall:

  • 1.9.1. Do whatever is possible to ensure that Goods transferred are preserved;
  • 1.9.2. Ensure that Goods are ready for handing over/shipping for further delivery to the Consumer or transfer to the Delivery Agent;
  • 1.9.3. Ensure vacant storage facilities sufficient to arrange the agreed quantity of Goods. The size of facilities sufficient to arrange Goods is calculated in accordance with Appendix No. 2.2 to the Agreement.
  • 1.9.4. Accept the Goods, including unloading, Goods packaging integrity check and whether relevant shipping documents are in place, arrange Goods for storage in the Warehouse in accordance with the Warehouse working pattern. Goods are accepted for storage by a Warehouse Operator on the basis of Requests only from the Shippers that are mentioned in the Request;
  • 1.9.5. Provide Services to make up Packages with Goods stored in the Warehouse, in accordance with the Package preparation (make up) requirements and procedure set forth in Appendix No. 2.4 to the Agreement;
  • 1.9.6. Package/repackage, attach Barcodes on Goods and Packages as prescribed by the Agreement;
  • 1.9.7. Form and make up Packages of several Goods (including from different customers) to be sent to the same Consumer and the same address;
  • 1.9.8. Provide information to the Customer about the Goods (quantity, condition, status) available in the Warehouse via the Customer’s User Account;
  • 1.9.9. If defects/faulty items or damages are identified during acceptance of Goods, inform the Customer thereof;
  • 1.9.10. Immediately inform the Customer via the User Account about the following events:
  • Any discrepancy between quantities actually received and quantities featured in accompanying documents for Goods;
  • About damage, destruction or loss of Goods during storage;
  • 1.9.11. Ensure the Barcode is attached to Goods, as well as any other information necessary to deliver a Package;
  • 1.9.12. Ensure that the Warehouse Operator does whatever is necessary to ensure the safety of Goods transferred for storage, in particular, ensure statutory fire precautions, business flooding precautions.

1.10. The Contractor may request the Customer to remove from the Warehouse Goods that have not been sold by the Customer via the Service within the period mentioned in the User Account, calculated from the moment the Goods were transferred to the Warehouse.

  • 1.10.1. The Customer shall, before the end date of each Reporting Period (a calendar month in which the period mentioned above has ended), submit a Request to remove such Goods from the Warehouse and remove such Goods from the Warehouse at its own cost not later than 10 (ten) calendar days from the end date of the above Reporting Period. If the Customer overruns the above time limit, the Customer shall pay the Contractor, upon its written request, a penalty of 0.1% of the Declared Value of relevant Goods for each day of delay.
  • 1.10.2. Instead of measures described in sections 1.10 and 1.10.1 above, the Customer may, subject to the Contractor’s consent, to take measures to drive sales of relevant Goods (discounts, special offers for such Goods, etc.).

1.11. To deliver Services hereunder, the Contractor may, at its discretion, at any time and at its own expense, without the Customer’s consent, move Goods between Warehouses and/or to other warehouses beyond this Agreement. Information about Goods moved between warehouses is available to the Customer in its User Account.

1.12. The Contractor may unilaterally without notice to the Customer change the list and number of engaged warehouses, as well as the list of options available to the Customer as stated the List of Warehouses and Warehouse Operators table available at https://yandex.ru/legal/beru_services_warehouses.

1.13. The Customer may request Services mentioned in section 1.1.12. of this Appendix, and place the Goods in a Warehouse selected via the User Account through a Transit Warehouse selected by the Customer via the User Account using its available features and subject to the restrictions in the List of Warehouses and Warehouse Operators table available at https://yandex.ru/legal/beru_services_warehouses.

1.14. The Customer shall take out Goods from the Contractor’s warehouse by its own efforts and at its own expense within 7 (seven) calendar days from when a “Ready for issue” status appears in the User Account.

2. Cost of Services

2.1. Cost of the Services rendered by the Contractor under this Appendix is ​​calculated using the tariffs in Appendix No. 2.3 to the Agreement, subject to the conditions (if any) specified in the List of Warehouses and Warehouse Operators table available at https://yandex.ru/legal/beru_services_warehouses.

2.2. The Contractor may change prices featured in Appendix No. 2.3 to the Agreement unilaterally with prior notice thereof to the Customer not later than 30 (thirty) calendar days before the date of such change. The notice shall be emailed by the Contractor to the Customer to the email address found in the application offer (section 2.4 of the Agreement) or in the User Account. New prices become effective from the date of their publishing at https://yandex.ru/legal/beru_service_agreement and shall apply to all Requests for fulfillment services submitted after new prices were published at https://yandex.ru/legal/beru_service_agreement. Herewith, the cost of Services under Requests agreed by the Parties before new prices became effective (unless other conditions of effectiveness for new prices were additionally set by the Contractor when publishing such changes at https://yandex.ru/legal/beru_service_agreement).

2.3. If the Customer disagrees with the changed prices mentioned in Appendix No. 2.3 to the Agreement, the Customer may terminate this Agreement by notifying the Contractor thereof within 15 (fifteen) calendar days from the date when Contractor sent its notice, to the email address merchant@beru.ru or to the Contractor’s manager found in the User Account, from the Customer’s email address found in the User Account. In this case, the Agreement shall be deemed terminated after 15 calendar days from the date of the Customer’s notice.

3. Goods acceptance, processing and issuance

3.1. Goods shall be accepted, issued, and other Services to the Customer under this Agreement shall be provided in a manner as prescribed by Appendices No. 2.1 – 2.8 to the Agreement.

4. Liability of the Parties

4.1. In case of breach of obligations under this Appendix, the Parties shall be liable under the Agreement, including this Appendix.

4.2. The Contractor shall be liable to the Customer:

  • 4.2.1. For causing damage to the Customer due to loss, shortage or damage to Goods during the term of the Agreement
  • An exception is where loss, shortage or damage are due to force majeure circumstances or due to specifics of Goods, which the Contractor, when accepting Goods, did not know and should not have known, or due to the Customer’s willful intent or gross negligence.
  • 4.2.2. In case of loss and/or shortage of Goods, the Contractor shall pay the Customer the cost of lost and/or missing Goods equal to the Declared Value fixed in Initial Acceptance Certificate (section 3, Appendix No. 2.1 to the Agreement) drawn up on the date of the last acceptance of such Goods (unless otherwise is agreed by the Parties), subject to the provisions of sections 4.2.2.1 and 4.2.2.2 of this Appendix. Where a transferred item of Goods mentioned in a Request costs more than RUB 100,000 (one hundred thousand), such Goods shall be transferred upon additional agreement between the Parties by e-mail.
  • 4.2.2.1. The Contractor may request from the Customer documented proof of the fair value of Goods. Declared Value shall not exceed the fair value of Goods, supported by relevant documents. Such documents may be any documents of the Customer that show the purchase price of Goods, or production cost of Goods where the Customer is a manufacturer of Goods.
  • 4.2.2.2. Compensation amount may not exceed the fair value of Goods established in accordance with section 4.2.2.1. Statement of Declared Value that exceeds fair value of Goods by the Customer shall be a material breach of the Agreement terms and conditions and, if repeated, shall be the basis for termination of the Agreement at the initiative of the Contractor unilaterally and out of court.
  • 4.2.2.3. In case of damage to Goods, the Contractor shall pay the Customer for documented real damage in the amount by which the damaged Goods were depreciated, but not exceeding the Declared Value fixed in the Initial Acceptance Certificate (section 3, Appendix No. 2.1 to the Agreement) drawn up on the date of the last acceptance of such Goods (unless otherwise is agreed by the Parties), subject to the provisions of Sections 4.2.2.1 and 4.2.2.2 of this Appendix.
  • 4.2.3. The Contractor's liability for loss, shortage or damage to Goods after a Package was made up shall be limited by the Declared Value.
  • 4.2.4. The Parties acknowledge and agree that the Contractor shall never be liable for good working order and quality of Goods handed to the Consumer, that the Contractor accepted in intact original packaging/Customer’s packaging which has no signs of it having been open. The Customer shall assume liability to independently and at its own expense (unless otherwise provided by the Agreement) settle any and all Consumers’ claims submitted under consumer rights protection laws.
  • 4.2.5. The Contractor shall reimburse the Customer losses in the amount of actual damage and compensate for all documented expenses caused by Contractor’s wrongly filled out documents generated by the Contractor under this Agreement for further transferring of a Package to the Delivery Agent or a Consumer, including due to the Contractor putting information to the above documents, that is different from information about Goods and the Customer, submitted by the Customer.
  • 4.2.6. The Contractor shall be liable to the Consumer for non-fulfillment or improper fulfillment of Package delivery obligations.
  • 4.2.7. In case of loss, destruction, damage or defects to Goods/Package during the period from when a User has made the Order and until a Package is delivered to the Consumer, the services related to putting up and processing such Goods or a Package shall be deemed unduly rendered and shall not be paid for.

4.3. A Customer’s claim shall be the ground to impose fines to the Contractor or claim from the Contractor compensation of actual damage under this Appendix. In this case, a Customer’s claim must feature the cost of lost/missing Goods and/or the amount by which the damaged Goods were depreciated, supported by documented proof of the fair value of lost/missing Goods (a contract, invoice, payment document, invoice, waybill, sales receipt that show the price of Goods) and/or copies of documents showing the amount by which the damaged Goods were depreciated.

4.4. The Customer shall be liable for damage/loss of third-party property that occurred due to Customer’s transfer of Goods, which are prohibited under this Agreement.

4.5. If the Customer repeatedly (more than once in the Reporting Period) violates requirements of section 1.2.4 of this Appendix, the Contractor may demand the Customer to pay a fine of 10% of the cost of Goods under Orders, which were found to have violations, when Goods were transferred to the Warehouse, envisaged by section 1.2.4 of this Appendix. The Customer shall pay such fine based on the Contractor’s written request.

4.6. The Contractor shall not be liable for damage or loss of Goods that occurred before they were transferred by the Customer.

4.7. The Contractor shall not be liable for non-fulfilment/improper fulfilment of obligations under this Appendix in any of the below cases:

  • If non-fulfillment/improper fulfillment resulted from non-fulfillment or improper fulfillment by the Customer of its obligations under the Agreement, including non-compliance with packaging, package labeling requirements, deadlines, etc.
  • If non-fulfillment/improper fulfillment resulted from actions of public agencies, local authorities or officials of such agencies, unless effective laws were violated by the Contractor or third parties engaged by the Contractor to provide Services.

4.8. The Contractor shall not be liable to third parties, including to Consumers for the quality of delivered Goods, or for any other Customer’s obligations, provided that deteriorated quality of Goods was not due to their improper storage, processing or transportation by the Contractor.

5. Dispute resolution

5.1. Disputes arising during performance of this Appendix shall be settled through negotiations. The Parties must observe letter-of-claim and pre-action protocol to settle disputes between them.

5.2. A claim shall be in writing, signed by the authorized representative of the Party who sent the claim. This shall be supported by a soft copy of the claim sent to the email addresses of the receiving Party (the Contractor’s email address is available in section 11 of the Agreement, the Customer’s email address is available in the application offer (section 2.4 of the Agreement)). The original copy of a claim shall be forwarded to the Party’s address mentioned in section 11 of the Agreement (the Contractor’s address) or in the application offer (section 2.4 of the Agreement) (the Customer’s address) by registered/certified mail with return receipt requested or against acknowledgement of receipt to persons authorized to receive claims under the Agreement.

The Party receiving a claim shall consider it and reply to the other Party within 35 (thirty-five) business days from the date of its receipt.

If a dispute cannot be settled, it shall be referred to the Moscow Arbitration Court. Before the dispute related to the services rendered under this Appendix is referred to the Arbitration Court, the Parties shall observe a letter-of-claim protocol.

Appendix No. 2.1

I. Procedure to accept Goods for warehousing

1. Goods shall be accepted by a Warehouse Operator at a Warehouse (or by a Subcontractor at a Transit Warehouse) chosen by the Customer in accordance with section 1.4. Appendix 2 to the Agreement, only from the Shipper written in the Request. A Warehouse Operator (or a Subcontractor) from the table available at https://yandex.ru/legal/beru_services_warehouses is a duly authorized representative of the Contractor to accept Goods under the Agreement and sign acceptance documents.

2. Goods shall be accepted for warehousing in two stages: 1) initial acceptance of Goods by items of cargo (pallets or boxes) and 2) secondary acceptance of Goods with unmaking of the items of cargo, sorting and attaching a Barcode on Goods for further warehousing in accordance with the Customer’s application.

3. Initial acceptance of Goods is carried out under supporting documents drawn up by the Customer using the form from Appendix No. 2.6 to the Agreement. In confirmation of the acceptance of Goods, a Warehouse Operator (or a Subcontractor) shall sign and affix a seal in the transfer instrument executed by the Shipper with endorsement “N items accepted without recount of the contents”.

3.1. The Customer or third parties designated by the Customer (Shippers) who transfer Goods to a Warehouse Operator (or a Subcontractor) shall present the following documents to the Contractor/Warehouse Operator/Subcontractor:

  • Identity document;
  • A transfer instrument with information about transferred Goods.

3.2. During initial acceptance of Goods, the Contractor/Warehouse Operator/Subcontractor shall do the following:

  • Accept Goods by the number of items of cargo (pallets or boxes) in accordance with the accompanying documents;
  • Visual check for external damage to the packaging;
  • Check for compliance with the transportation rules that ensure Goods are protected from damage (stowage of cargo, temperature conditions).

3.3. External damage of packaging and discrepancy in quantity of the items of cargo shall be fixed in the transfer instrument whereby Goods are transferred to the Warehouse.

4. Secondary acceptance is carried out:

4.1. Not later than 24 hours from the moment the Customer transferred Goods to the Warehouse Operator at the Warehouse;

4.2. Not later than 10 (ten) business days from the moment the Customer transferred Goods to the Subcontractor at the Transit Warehouse.

The Contractor shall not be liable to the Customer for missing packages of Goods accepted by the Contractor from an item of cargo (pallet/box) with the original packaging/the Shipper’s packaging of Goods intact.

4.3. During the secondary acceptance, the Contractor/Warehouse Operator shall check that quantity, name and item number of the transferred Goods correspond to the information about Goods featured in the Request, as well as check for damage to the outer packaging of Goods, check the labelling of Goods, and, if necessary, process it, ensure the Barcode is attached to Goods and/or packaging of Goods. Unless otherwise provided by this section, on completion of the secondary acceptance (when accepted Goods are shown in the Warehouse Operator’s information system) a Secondary Acceptance Certificate and a Discrepancy Report shall be drawn up. These Reports shall be pdf files downloadable from the User Account. Upon the Customer’s request, a copy of the Secondary Acceptance Certificate and Discrepancy Report signed by the Contractor may also be emailed to the Customer. If there are no discrepancies, Discrepancy Report shall not be drawn up.

The Customer may submit substantiated written objections upon completion of the secondary acceptance within 1 (one) business day from the date secondary acceptance results become available in the User Account. After the above period, claims related to secondary acceptance are not accepted.

4.4. Secondary acceptance is carried out without the Customer’s representative and is accompanied by a video recording of the acceptance process. In case of discrepancies during the secondary acceptance (quantity, product number, name, etc.) between actually received Goods and Goods featured in the Request, as well as if visible external damage, other violations of integrity or quality of the packaging of Goods were identified, such discrepancies and damages shall be fixed by the Contractor in a unilateral Discrepancy Report. The contents of the Discrepancy/Damage Report shall be emailed to the Customer. Upon the Customer’s request, the Contractor shall send the Discrepancy Report signed by the Contractor to the Customer by mail. Identified external visible damage of the packaging, as well as other violations of integrity or quality of the packaging of Goods shall be additionally photographed. Photo and video materials may be provided to the Customer upon request.

Such Goods shall then be put back into items of cargo (pallets) in a special place and left like this until the written instruction of the Customer. The Customer shall pay for keeping such goods in the Warehouse at the Contractor’s request as per the tariffs in Appendix No. 2.3 to the Agreement, unless otherwise provided by the Agreement.

4.5. During the secondary acceptance of Goods at the Warehouse, the Contractor shall not check the quality of the incoming Goods, its good working order, or open the packaging of Goods in original or in the Shipper’s packaging, and it shall only check original packaging of Goods or the Shipper’s packaging for its integrity and signs of opening.

4.6. If the secondary acceptance reveals surplus of Goods, the Contractor may, if it is technically possible, calculate the surplus of Goods and enter the surplus of Goods in the information system of the Warehouse Operator, accept the surplus of Goods in accordance with the terms of this Appendix to further Servicing of such Goods in accordance with Appendix No. 1 to the Agreement. Herewith, the Parties agreed that:

  • Surplus of Goods featured in the Request shall be recorded in the Secondary Acceptance Certificate and Discrepancy Report;
  • Surplus of Goods not featured in the Request but identified by the Contractor shall be accepted under addendum transfer instrument generated by the Contractor unilaterally, herewith the Declared Value of such surplus shall be the value stated in Initial Acceptance Certificate for similar Customer’s Goods from the latest delivery. Based on the addendum transfer instrument, the Contractor shall draw up the Secondary Acceptance Certificate for surplus Goods. The addendum transfer instrument, as well as Secondary Acceptance Certificate for surplus Goods may be downloadable as pdf files from the User Account.

4.6.1. Apart from the tariff in table 1.1., Appendix No. 2.3 to the Agreement, acceptance of surplus Goods shall be paid by the Customer additionally at the tariff in table. 1.6., Appendix 2.3 to the Agreement.

4.6.2. Unidentified Goods shall be put back to the items of cargo (pallets) in a separate place and are kept there like this until the Customer’s written instruction. Storage of unidentified Goods shall be paid by the Customer at the tariffs in table 1.6., Appendix 2.3 to the Agreement, until the Goods are identified and entered into Warehouse Operator’s information system as identified and/or taken out from the Warehouse as unidentified Goods. The Parties agreed that identification shall mean the Customer’s drawing up a new Request and a transfer instrument using the template in Appendix No. 2.6 to the Agreement, which the Contractor uses to accept Goods. If Goods are accepted in accordance with this section and surplus of Goods was identified, the provisions of section 4.6.1. of this Appendix shall apply to such surplus of Goods, and Declared Value of such surplus shall be the value featured in the transfer instrument of the Customer.

4.6.3. The Parties agreed that warehousing services for unidentified Goods in accordance with section 4.6.2. of this Appendix shall be billed monthly, and the Contractor, at its discretion, reserves the right to take the period from acceptance of Goods to the warehouse to their identification or their removal by the Customer, or the end of the month following the month of acceptance of such Goods at the Contractor’s Warehouse, whichever occurs first, as the first Reporting Period in which warehousing services for unidentified Goods are billed.

4.7. The Contractor shall assume risks of accidental loss and/or damage to Goods from the moment Goods were accepted from the Shipper, except for the liability for damage to Goods that occurred before Goods were delivered to the Warehouse and could not be identified by the Contractor/Warehouse Operator before the secondary acceptance, provided that the external packaging of pallets (boxes) was intact at the time of initial acceptance of Goods.

4.8. The list of Goods not accepted for warehousing, or Goods with special storage conditions is available in Appendix No. 2.5 to the Agreement. If during rendering of Services, the Contractor learns that the Customer’s Goods are in the above list, the Contractor shall notify the Customer thereof, and may not accept such Goods for storage without any penalties or fines thereupon. Such goods kept at the Warehouse shall be paid by the Customer as per the tariffs from Appendix No. 2.3 to the Agreement, unless otherwise provided by the Agreement.

4.9. When transferring Goods for warehousing, the Customer shall give the Contractor relevant information about the nature of Goods, its properties, its handling, safety precautions and storage conditions.

4.10. For incoming Goods in a container with a broken seal, a Warehouse Operator in the presence and at the expense of the Customer (Shipper) shall carry out a total check of the quantity and quality of Goods in the container. In this case, quantitative and qualitative check of Goods shall not mean acceptance of Goods.

4.11. If a container (tanks, barrels, other reservoirs) leaks or Goods are damaged, a Warehouse Operator and the Customer (Shipper) draw up an inspection certificate. In this case, the Contractor shall not be liable for the downtime of the Shipper’s vehicles.

4.12. If the Goods are transferred to the Warehouse on off-quality wooden pallets, the Contractor/Warehouse Operator may at the Customer’s expense give high-quality pallets to the Customer, sort the Goods by transferring Goods from off-quality to high-quality pallets, and only then put the Goods on racks. In this case, Goods are subject to sorting and palleting (laying on pallets and wrapping of pallets). The following pallets shall be off-quality pallets: dirty; with signs of extraneous odors, which may deteriorate the quality of goods at the Warehouse; broken if they cannot be repaired without removing Goods from them; other than 1.2m x 0.8m x 1.8m in size; made of non-sound materials or materials that are not thick enough, which may lead to a violation of safety regulations at the Warehouse.

4.13. If dirt, moisture, dampness, oil, foreign odors, signs of rodents or insects, damaged or missing seals, other violations of integrity of the cargo or packaging of the item of cargo were identified during unloading, the Contractor shall act in accordance with the procedure provided by the Customer (instructions). If the Customer did not immediately provide such procedure (instructions) to the Contractor, the Contractor may act at its discretion. Herewith, the Contractor may independently decide on whether to classify particular Goods accepted at the Warehouse as “rejected goods” (poor Goods) with the Customer informed thereof. If such Goods need to be recategorized from “rejected goods” to other categories, a relevant decision shall be made by the Customer based on Goods inspection outcome.

4.14. Each pallet (box) arriving at the Warehouse shall be accompanied with a datasheet with the following information: pallet (box) number, Customer name, Request number.

4.15. If there is no datasheet, the Contractor/Warehouse Operator shall notify the Customer thereof. The Customer shall, within four working hours, decide whether he can arrive to the Warehouse and provide datasheets for pallets (boxes), and inform the Contractor thereof.

4.16. To ensure datasheets for pallets (boxes), the Contractor may, at the expense of the Customer, carry out the following:

  • Unmake pallets into boxes, packages;
  • Identify the content of packages without recounting the content piece-by-piece;
  • Piece-by-piece recounting of the content shall be only upon agreement with the Customer;
  • Stack packages, boxes on pallets;
  • Film wrap pallets;
  • Provide pallets (boxes) with datasheets.

4.17. Upon acceptance of Goods in good packaging with no external (visible) damage and on original pallets, box content check by the Contractor/Warehouse Operator is not required and the Contractor shall not be liable for box content shortage or damaged Goods in the future.

Box content check for Goods on original pallets in good packaging and with no external (visible) damage shall be carried out by the Contractor only upon request of the Customer and at its expense.

When accepting for warehousing Goods coming in bulk on the Shipper’s vehicles, the Contractor shall, at the Customer’s expense, sort and/or package all Goods and stack them on pallets. In this case, the Contractor shall not be liable for Shipper’s vehicles downtime.

The Contractor shall not be liable for rejected and/or shortage of Goods identified:

  • Upon inspection of Goods and/or recount during unloading of Goods;
  • Upon acceptance of Goods in intact original packaging (glue, adhesive tape, shrink film).
  • If manufacturing defects were identified, Goods incoming with external (visible) damage and/or in faulty containers (packaging), and/or in bulk;
  • Occurred due through the carrier’s fault during transportation, except as when Goods were moved between warehouses;
  • For acceptable commodity loss (i.e. loss with natural loss rate – the ceiling value of weigh or volume of Goods that may be lost due to natural loss (shrinkage, scattering of cargo, etc.))

4.18. The Contractor shall not be liable for damage and/or shortage of Goods incoming on original pallets (boxes) in good containers (packaging) with no external (visible) damage, accepted without recounting of pallet and/or container, and/or box content.

4.19. Each items of Goods shall have a Barcode.

4.20. If there is no Barcode, the Customer shall confirm in writing the code and the name of the item, and the Contractor/Warehouse Operator shall then attach the Barcode to the Goods independently at the expense of the Customer, Goods acceptance time in this case increases and acceptance is carried out after the Barcode has been attached to Goods.

4.21. The Contractor shall be liable for the damage occurred through the fault of the Contractor during loading and unloading, moving of Goods within the Warehouse and/or moving of Goods between the warehouses.

4.22. In addition, if at any time there was loss of Goods for unknown reasons while under control of the Contractor, the Customer will assist the Contractor under Contractor’s reasonable request to find lost items or reasons this occurred. The Parties will jointly identify any discrepancies between inventory systems. For clarity, if there is no obvious error, Contractor’s/Warehouse Operator’s system data about Goods stored in the Warehouse at any time shall be governing.

If the Customer identifies Goods as unsalable (market condition cannot be restored), such Goods shall be deemed destructed and its value shall be reimbursed in the amount calculated in accordance with Appendix No. 2 to the Agreement.

Where the barcode on the item and the barcode on the master packaging of such item (bundle, box, etc.) is the same, the Contractor shall not be liable for any resulting errors in sets, cross-picking, shortages or surpluses.

4.23. Where Goods are delivered by the Customer, pallets with Goods in the vehicle body shall be put in one tier.

II. Issue of Goods from storage

1. Goods shall be issued from storage to the Customer or to a third party under an Order (Request) for issue of Goods or shipping of Packages made up of warehoused Goods subject to section 1.8., Appendix 2 to the Agreement. Goods shall be packed in packaging adequate for the nature of Goods and transportation conditions. If the returned Goods are packed in pallets or sealed boxes, the recipient of Goods shall accept Goods by the number of packages without opening and checking the content.

  • An Order (Request) for return of Goods shall be drawn up at least 5 (five) business days before the expected date of return of Goods to the Customer at the Warehouse.
  • A Return Order (Request) for Goods, among other, moved in accordance with section 1.11., Appendix No. 2 to the Agreement shall be drawn up at least 10 (ten) business days before the expected date of return of Goods to the Customer at the Warehouse.

2. Goods accepted by the Contractor for service shall be issued (returned) to the Customer on the basis of documents drawn up by the Customer using the template in Appendix No. 2.7 to the Agreement, drawn up for each Return Request.

3. Goods shall be returned from storage as a made up Package as follows:

  • Transfer of made up and packed Packages to a person written in a Request means the return of Goods that make up such Packages from warehousing and with a relevant transfer instrument drawn up. A document that evidences the issue of a Package shall have the full name of recipient (representative of the Customer or the person engaged) and details of his/her power of attorney. The signature of the person who actually received the Package from the Warehouse shall be a confirmation that the Package was issued, and one copy of such document shall be kept by the Warehouse Operator. Additional Certificate for return of Goods from storage shipped as a Package is not required.
  • Considering that Goods are returned to the Customer or to a person designated by the Customer, as made up Packages and it may not be possible to check the contents of the Packages at the time of shipping, Packages shall be accepted by the Customer or a person designated by the Customer in the Request by the number of items of cargo with visual inspection (if possible) of integrity of Packages and its compliance with the requirements of the Customer.

4. A vehicle shall arrive to the position designated for loading at the time specified in the Request.

5. The Contractor shall not be liable for the downtime of the Customer’s vehicles arriving in times other than those in the Request.

6. Goods shall be issued to the representative of the Customer (recipient) who has the original copy of the power of attorney authorizing to receive Goods/Packages, drawn up under M2 form. The Customer shall sign Certificate of return of Goods from storage as indicated in Appendix No. 2.7 to the Agreement at the time of acceptance of Goods/Package, or acknowledges the signature of a third party duly authorized by the Customer. This is necessary to deem Goods returned from storage to the Customer.

6.1. Where the recipient of Goods from the Warehouse is a third party engaged by the Customer (for example, a delivery service), the recipient shall present the M2 power of attorney drawn up on behalf of the Customer for such third party and an M2 power of attorney drawn up on behalf of such third party for an individual who actually receives Goods at the Warehouse.

6.2. Information about discrepancies upon completed acceptance of Goods/Package at the Customer’s Warehouse shall be presented not later than 24 (twenty-four) hours from the issue of Goods from the Contractor’s warehouse. Information shall be presented as a claim with attached TORG-2 Report on identified discrepancies. Herewith, the Contractor may send its representative to the Warehouse to acknowledge such discrepancies. If at the end of such period from the date Goods were shipped from the Contractor’s warehouse, the Customer has not received a claim and the Report on identified discrepancies (TORG-2), Goods shall be deemed returned to the Customer in quantities specified in the Certificate of return of Goods from storage. The Contractor shall consider the claim and Discrepancy Certificate within 35 (thirty-five) calendar days.

7. The Customer shall by the end date of each calendar quarter, during the term of the Agreement, submit Requests for return of Goods from the Warehouse and, by the last day of a relevant calendar quarter, take out of the Warehouse at its own expense the following Goods:

  • With expired shelf (service) life;
  • With a shelf (service) life less than the limit mentioned in section 1.3, Appendix No. 2 to the Agreement;
  • Poor quality, including returns by Consumers.

In case of violation of the above period, the Customer shall pay the Contractor, upon its written request, a penalty of 0.1% of the Declared Value of relevant Goods for each day of delay.

8. Recording of operations and provision of photo or video materials for core processes related to Goods acceptance, execution of Requests and shipping of Goods and Packages.

Unloading of Goods, initial acceptance – Goods (pallets, boxes) are unloaded and moved to the acceptance area, or the acceptance buffer area.

Secondary acceptance of Goods – photo or video of acceptance of Goods at the secondary acceptance station is provided. Pallets, boxes shall be unpacked right at the acceptance station within camera footprint. All manipulations with Goods related to identification, quality assessment and acceptance shall be carried out right at the workstation, or in the wholesale acceptance area within camera footprint.

Making up and packaging of Goods into a Package – photo or video is provided directly from the workstation where Goods are made up and packaged (standard Goods). For large Goods (the total of 3 dimensions exceeds 150 cm and/or over 30 kg in weight) and large orders (the total volume of Goods in a Package exceeds 0.17 cubic meters and/or the order has more than 30 Goods), a general view of the Large Items Packaging Station is provided.

Shipping of Packages – photo or video materials of Goods/Package on the conveyor when they pass the weight and sizing station are provided. If necessary, photo or video of the general plan of the sorting arm and the process of stacking Goods, Packages on the pallet for shipping to the delivery service can be provided. Video is provided for on-site viewing only.

All of the above photos or video materials may be provided by the Contractor not later than 30 (thirty) calendar days from the date of delivery of relevant Goods.

Examples of standard requests and how photos or videos are provided:

Case Type of material provided Provided via Comments
Rejection of acceptance results If delivery was accepted at the wholesale acceptance site (the delivery has 3 item numbers or more, item numbers are sorted, each having separate item of cargo): photo or video of pallets, boxes unloading, general view of the wholesale acceptance site. In all other cases, video of pallets, boxes unloading, opening of each item of cargo on the workstation is provided. File sharing service, on-site viewing only (where there is a lot of video material) Information from the Customer about the Barcode of the item of cargo that has problem Goods (pallet, box) and a photo or video of how it looks are required
Defects of Goods in a Package Standard Goods – a photo or video of packaging of the Package at packing stations and transfer for shipment. In case of damaged items (section 4.7, Appendix No. 2.1 to the Agreement), photo or video is mandatory. File sharing service Number of the Order and Package are required
Large Goods – photo or video with a general view of the packing station, a general view of the made up Package. Large Goods – photo or video with a general view of the packing station, a general view of the made up Package. File sharing service Number of the Package is required
Short of shipment to the delivery service Standard Goods – photo or video of Goods on the conveyor when they pass the weight and sizing station. If necessary, photo or video of the general plan of the sorting arm and the process of stacking Goods, Package for shipping to the delivery service. File sharing service, video of the general plan of the sorting arm is provided for on-site viewing only.
Large Goods – photo or video of a general view of Goods at the packing station. If necessary, photo or video of the general plan of the sorting arm and the process of stacking Goods, Package for shipping to the delivery service. File sharing service, video of the general plan of the sorting arm is provided for on-site viewing only.

Appendix No. 2.2

General operating rules

1. The list of Warehouses, Warehouse Operators, Transit Warehouses, Subcontractors, their work patterns and other information may be found in the List of Warehouses and Warehouse Operators table available at https://yandex.ru/legal/beru_services_warehouses.

1.1. The Contractor shall accept Goods for servicing and their warehousing in Warehouses from the List of Warehouses and Warehouse Operators table available at https://yandex.ru/legal/beru_services_warehouses in accordance with section 1.4., Appendix No. 2 to the Agreement.

2. Service Request procedure

Service Requests shall be drawn up in a manner and under conditions laid in Appendix No. 2 to the Agreement.

3. Unloading/loading of vehicles at the Warehouse (Transit Warehouse)

  • 3.1. Goods handling rules (handling) are specified in this Appendix. The Customer or persons designated by the Customer as Shippers shall follow this Appendix when handing over/accepting Goods, as well as during their handling.
  • 3.2. The time of arrival of a vehicle to the Warehouse (Transit Warehouse) for unloading shall be stated by the Customer in the Order. If case of slippage of the vehicle from the scheduled time for more than 1 hour, the Contractor/Warehouse Operator/Subcontractor may accept Goods delivered with violated timing at any idle time of the Warehouse (Transit Warehouse) without imposing any fines, penalties, etc. if instructions contradict to the terms of the Agreement.
  • 3.3. Arrival time is recorded in the electronic vehicle registration system by the Shipper’s driver after the actual arrival of the vehicle to the warehouse complex. Departure time is recorded upon processing of documents.
  • 3.4. Vehicles and shipping agents arriving without the Customer's Request are not allowed to the territory.
  • 3.5. An Order for warehousing of Goods shall be submitted not later than 1 PM (Moscow time) the day preceding the day of arrival of vehicles.
  • A Request to the Contractor/Warehouse Operator/Subcontractor shall be accompanied by the following documents:
  • A copy of a chemical safety data sheet (if necessary);
  • Quality certificates, declarations of conformity and similar documents for Goods.
  • These documents may be submitted in soft or hard copies.
  • 3.6. The Customer shall agree with the Contractor whether hazardous Goods may be accepted to the Warehouse (Transit Warehouse). A safety data sheet for such Goods is a must.
  • Hazardous liquids and/or solids in damaged or rusted packaging (containers) shall not be accepted to the Warehouse (Transit Warehouse).
  • 3.7. The Shipper's vehicles must arrive in good condition, with the body space and tonnage adequate for the volume and weight of handled Goods, the cargo area of ​​the body must have a level floor, the body structure must be original, without protruding: pins, bolts, nails, corners and other items that disturb handling works, as well as to prevent possible damage to Goods and accidents during handling works inside the body.

4. Reservation of storage, collection and collected goods area, rejects, pallets

  • 4.1. Goods shall be stored on euro pallets (0.8x1.2 meters), the maximum storage pallet is 1.8 meters. The maximum weight of one unitized load (pallet) shall not exceed 400 kilograms.
  • 4.2. Pallets exceeding these dimensions and weights incoming to the warehouse are subject to resorting by the Contractor and at the expense of the Customer.
  • 4.3. If large Goods are placed upon agreement of the Parties without sorting, the occupied space and volume are calculated based on the number of standard euro pallets sized 0.8x1.2 and 1.8 meters high, that can fit into such space.

5. Make up and shipping of a Package

  • 5.1. The Contractor shall attach a Barcode and pack a Package in accordance with the Agreement.
  • 5.2. Once the Packages are made up and packaged, the Contractor shall distribute Packages to Delivery Agents.
  • 5.3. The Contractor ensures follow-on operations with Packages, such as weighing, size check. The Contractor, for a separate payment, may also provide services to enclose Customer’s necessary supporting documentation for Goods in the Packages. The Contractor shall ensure List of enclosures is printed and enclosed. The list of enclosures shall contain a list of Goods, Goods return deadlines and procedure.
  • 5.4. Shortage claims for Goods that are part of Packages, or non-conformance of shipped Goods to the ordered Goods identified by Consumers, may be submitted by the Customer to the Contractor within 3 (three) months from the date of delivery of Goods to the Consumer.
  • 5.5. Having received claims from the Customer, the Contractor shall:
  • In case of shortage of Goods and/or Packages where such shortage occurred due to the Contractor, pay the Customer for the cost of Goods missing form a Package in a manner prescribed by the Agreement.
  • Where damage to Goods in a Package us due to circumstances that are under Contractor’s responsibility, the latter shall pay the Customer for the cost of damaged/defective Goods in a Package in a manner prescribed by the Agreement.
6. Rules of conduct for Shipper’s delivery driver at the Warehouse (Transit Warehouse)
  • 6.1. Upon arrival to the Warehouse (Transit Warehouse), delivery driver shall register in the electronic system of the Warehouse Operator.
  • 6.2. Delivery driver shall observe instructions of the person in charge at the Warehouse (Transit Warehouse) regarding maneuvers and parking of the vehicle in the territory of the Warehouse (Transit Warehouse).
  • 6.3. The following is prohibited in the territory, including adjacent territory, of the Warehouse (Transit Warehouse):
  • Move around the territory of the Warehouse (Transit Warehouse) without a Warehouse (Transit Warehouse) representative;
  • Smoking (smoking is allowed strictly in a designated area only);
  • Repair the vehicle;
  • Pour (fill in) fuels and lubricants;
  • Reload Goods from one vehicle to another without the consent of the person in charge at the Warehouse (Transit Warehouse).
  • 6.4. In case of damage to the Warehouse (Transit Warehouse)/inventory of the Warehouse Operator/Subcontractor (damaged gates during maneuvering, or other damage) caused by the driver, the Customer shall bear liability and indemnify for this. In case of an incident, a damage report shall be drawn up.
  • 6.5. If a delivery driver breaches these rules, a certificate of breach shall be drawn up, the breaching delivery driver shall be evicted from the territory of the Warehouse (Transit Warehouse), and claims against the Contractor for forced vehicle downtime shall not be accepted. Persons under the influence of alcohol are not allowed to the territory of the Warehouse (Transit Warehouse).
7. Returns acceptance and processing.
  • 7.1. Returned Packages rejected by the Consumer due to poor quality of Goods (including short Goods) shall be processed at the Warehouse which can accept returned Packages as per the List of Warehouses and Warehouse Operators table available at https://yandex.ru/legal/beru_services_warehouses:
  • 7.1.1. The Contractor shall inform the Customer about the following:
  • Goods accepted;
  • Their condition;
  • Type of damage/defects;
  • If there is a Consumer’s claim, about availability of the same with its scan copy.
  • 7.1.2. The Contractor shall then expect the Customer to draw up a Request to take such Goods from the Warehouse that processes returned Packages in accordance with section 7.1. of this Appendix.
  • 7.2. Where the Consumer refused to accept Goods due to poor quality of Goods (where identified defects could not be identified by the Contractor when accepting Goods and are not related to poor provision of services by the Contractor under the Agreement), the Customer shall remove such Goods from the Warehouse within 5 (five) working days from the date of Contractor’s notice. If this period is breached, the Customer shall pay for Contractor's services in relation to such Goods at the rates given in Appendix No. 2.3 to the Agreement.

Appendix No. 2.3

Tariffs for fulfillment Services, including VAT at the rate set by effective laws of the Russian Federation

Table 1.1.

No. Size, cost and weight of Goods Tariff for processing of one item of Goods (acceptance, making up and packaging, materials, shipping to the delivery service, including storage of Goods at the Warehouse for max. 61 (sixty one) calendar day for Group A Goods, and max.120 (one hundred twenty) calendar days for Group B Goods*) Unit of measure Tariff for making up for one item of Goods in the order for pickup by the Customer (return of Goods to the Customer from the Warehouse) Unit of measure
1 Goods totaling to RUB 1,250.00 and more, and the total of 3 measurements up to 150 cm, up to 15 kg in weight. RUB 125,00 Pcs. RUB 36.00 Pcs.
2 Goods totaling to RUB 1,250.00 and less, and the total of 3 measurements up to 150 cm, up to 15 kg in weight. 10% of the cost of Goods, but min. RUB 30 of the cost of pcs of Goods RUB 36.00 Pcs.
3 Goods with the total of 3 measurements up to 250 cm, up to 40 kg in weight. RUB 400.00 Pcs. RUB 350 Pcs.
4 Goods with the total of 3 measurements 250 cm of more, 40 kg or more in weight. RUB 450.00 Pcs. RUB 350 Pcs.

* Tariffs for storing one item of Goods additionally added to the Tariff for processing starting from calendar day 62 (sixty two) of storage for Group A Goods and from calendar day 121 (one hundred twenty one) of storage for Group B Goods are available tables No. 1.2. – 1.3, Appendix No. 2.3.

Table 1.2.

No. Size, cost and weight of Group A Goods Tariff for storing one item of Group A Goods additionally added to the Tariff for processing starting from calendar day 62 (sixty two) to calendar day 91 (ninety one) of storage, per day Tariff for storing one item of Group A Goods additionally added to the Tariff for processing starting from calendar day 92 (ninety two) of storage, per day
1 Goods with the total of 3 measurements up to 150 cm, up to 15 kg in weight. RUB 0.80 RUB 2.4
2 Goods with the total of 3 measurements up to 250 cm, up to 40 kg in weight. RUB 10 RUB 30
3 Goods with the total of 3 measurements 250 cm or more, 40 kg or more in weight. RUB 10 RUB 30

Table 1.3.

No. Size, cost and weight of Group B Goods Tariff for storing one item of Group B Goods additionally added to the Tariff for processing starting from calendar day 91 (ninety one) to calendar day 120 (one hundred and twenty) of storage, per day Tariff for storing one item of Group B Goods additionally added to the Tariff for processing starting from calendar day 120 (one hundred and twenty) of storage, per day
1 Goods with the total of 3 measurements up to 150 cm, up to 15 kg in weight. RUB 0.80 RUB 2.4
2 Goods with the total of 3 measurements up to 250 cm, up to 40 kg in weight. RUB 10 RUB 30
3 Goods with the total of 3 measurements 250 cm or more, 40 kg or more in weight. RUB 10 RUB 30

If, on the effective date of the tariffs from tables 1.2. – 1.3., Appendix No. 2.3., there are Contractor’s Goods in the Contractor’s Warehouse that are subject to these tariffs, such tariffs shall apply to the Customer’s Goods in accordance with the terms featured in tables 1.2. – 1.3., Appendix No. 2.3.

For the purposes of applying table 1.1., Appendix No. 2.3., as well as to calculate tariff for storage of one item of Goods charged under tables 1.2. and 1.3., Appendix No. 2.3., the Contractor has identified the following groups of Goods:

Table 1.4.

Group A Goods (department and/or category is indicated in accordance with the table available at

https://yandex.ru/legal/beru_services_rate_table)

Group B Goods (department and/or category is indicated in accordance with the table available at

https://yandex.ru/legal/beru_services_rate_table)

Computer hardware Nail care
Electronics Perfume products
Household appliances Aromatherapy
Children’s goods Makeup
Toiletries Sugaring, wax melting pots and paraffin baths
Beauty products: everything else Hair brushes and accessories
Health products Washcloths and brushes, body care accessories
Household appliance care products Health and beauty tools and devices
Barrels, tubs, jugs Shoe care accessories
Thermoses and thermos mugs Party supplies
Home care products Indoor footwear
Home supplies: everything else Lingerie and swimwear
Construction and repair Socks, stockings
Garden products Scarves
Clothing, shoes and accessories: everything else Aquariums, terrariums and accessories
Cat and dog food Clothing and shoes for animals
Grooming and care Cages, aviaries, dog booths
Flea and tick product Accessories
Vitamins and supplements for cats and dogs Jewelry and costume jewelry
Animal drugs Kids clothes
Pet products: everything else Kids shoes
Sports and leisure
Food products
Car accessories
Books

The Contractor may unilaterally change groups of Goods, as well as the content of groups of Goods, without notifying the Customer.

Table 1.5.

No. Delivery Route (Acceptance And Relocation) Of Goods Via A Transit Warehouse To The Contractor’s Warehouse Tariff for delivery (acceptance and relocation arrangements) of Goods via a Transit Warehouse to the Contractor’s Warehouse according to a certain route subject to restrictions laid in the table available at https://yandex.ru/legal/beru_services_warehouses Unit of measure
1 Moscow – Rostov-on-Don RUB 2,900 One item of cargo (pallet)
2 Moscow – Rostov-on-Don RUB 250 One item of cargo (box)
3 Rostov-on-Don – Moscow RUB 2,900 One item of cargo (pallet)
4 Rostov-on-Don – Moscow RUB 250 One item of cargo (box)

For the purposes of calculating the cost of Contractor’s services under table 1.5. of this Appendix, an item of cargo of Goods shall be a made up pallet and/or a box as preferred by the Customer.

The Parties agreed that delivery services (acceptance and relocation arrangements) of Goods via a Transit Warehouse to the Contractor’s Warehouse under this Appendix rendered before 15 August 2019 inclusive, shall not be billed separately, but included in the Tariff for processing an item of Goods as per table 1.1 of this Appendix.

Table 1.6.

No. Tariff for processing an item of surplus Goods upon acceptance at a Warehouse, paid by the Customer in addition to the tariff in table 1.1., Appendix No. 2.3 to the Agreement. Tariff for storing unidentified Goods at a Warehouse per day per one item of cargo (pallet)
1 RUB 150 RUB 150

Appendix No. 2.4

Packaging and bar coding procedure for Goods and Packages

1.1. Packages with goods or products shall be packed in a packaging adequate to the nature of Goods, transportation and delivery conditions, and duration of the route, excluding any possible damage to Goods where they are handled, transported and delivered under standard practice and accessed without violating package integrity.

Each Package shall be bar coded by the Contractor.

1.2. The Contractor shall ensure a List of enclosures printed and enclosed to the Packages.

List of enclosures shall contain a list of Goods, information about Goods return times and procedure.

In addition to making up Packages and enclosing a List of enclosures to them, the Contractor shall also ensure necessary supporting documents for Goods submitted by the Shipper are enclosed to the Packages.

Appendix No. 2.5

List of goods not accepted for warehousing

Firearms, signal pistols, air weapons, gas weapons, ammunition, cold weapons (including throwing weapons), electroshock devices and spark gaps, as well as basic parts of firearms, narcotic and psychotropic drugs, potent, radioactive, explosive, poisonous, pyrotic, flammable and other substances classified as dangerous goods, animals and plants, biological materials, banknotes of the Russian Federation, foreign currency, securities, excise stamps, as well as precious metals, precious stones and items with them.

Appendix No. 2.6

TEMPLATE

Certificate of Transfer and Acceptance of Goods

___ ___________ 2019

Shipper: ________________________________

Contractor (Warehouse Operator): ________________________________

It is hereby certified that on the above date (date of acceptance of Goods), the Shipper transferred, and the Contractor (Warehouse Operator) accepted the following Goods:

No. Goods Declared Value, RUB Number of items of cargo, pcs.
SKU Name of goods Q-ty, pcs.
1
2
3
4
Total:

Packages transferred by (Shipper):

______________________________________________________

______________________________________________________

(details of the power of attorney of the Shipper’s representative)

___________________________________(__________________)

(signature) (print full name)

seal here

Packages accepted by (Contractor/Warehouse Operator):

______________________________________________________

______________________________________________________

(details of the power of attorney of Contractor’s/Warehouse Operator’s representative)

___________________________________(__________________)

(signature) (print full name)

seal here

END OF TEMPLATE

Appendix No. 2.7

TEMPLATE

Certificate of return of Goods from storage

___ ___________ 2019

Recipient (Customer): ________________________________

Contractor (Warehouse Operator): ________________________________

It is hereby certified that on the above date (date of acceptance of Goods), the Contractor (Warehouse Operator) transferred and the Recipient (Customer) accepted the following Goods:

No. Goods Declared Value, RUB Number of items of cargo, pcs.
SKU Name of goods Q-ty, pcs.
1
2
3
Total:

Packages transferred by (Contractor/Warehouse Operator):

______________________________________________________

______________________________________________________

(details of the power of attorney of Contractor’s/Warehouse Operator’s representative)

___________________________________(__________________)

(signature) (print full name)

seal here

Packages accepted by (Recipient):

______________________________________________________

______________________________________________________

(details of the power of attorney of the Recipient’s (Customer’s) representative)

___________________________________(__________________)

(signature) (print full name)

seal here

END OF TEMPLATE

Appendix No. 2.8

Inventory

1. Inventory may be full inventory (for the entire nomenclature of Goods) and spot inventory (for selected items of Goods).

2. Scheduled full inventory takes place twice a year (January, July). Exact dates for the inventory are agreed by the Contractor at the request of the Customer sent to the Contractor at least one month before the date of inventory. The Contractor shall notify the Customer of the results of such inventory held with the representatives of the Contractor and the Warehouse by any of the means mentioned in section 5 of the Agreement.

3. Inventory and documenting of its results shall be carried out in accordance with the Russian laws.

4. Spot inventories may be conducted upon agreement of the Parties and at the initiative of either Party to the Agreement.

5. At the initiative of the Customer, spot inventory (billed in accordance with the Agreement) may take place maximum once a day and under a request submitted via the User Account at least one week before the date of inventory, and at the expense of the Customer. Such request shall contain maximum 5 (five) items of Goods. By agreement with the Contractor, a representative of the Customer (maximum one representative) may attend a spot inventory.

6. During full inventory, Goods in the Warehouse are accepted (including Goods returned by Consumers).

7. Any claims resulting from a spot inventory shall be submitted and considered by the Parties upon completion of the full inventory (section 2 of this Appendix) or upon termination of the Agreement, unless otherwise agreed by the Parties.

Appendix No. 3 (“Display + delivery”)

“Delivery services”

1. Terms of Services

1.1. The Contractor shall render to the Customer the following package of services (“Delivery Services”):

1.1.1. Acceptance (pick up) of Packages;

1.1.2. Delivery of Packages;

1.1.3. Returns of Packages;

1.1.4. Package tracing in case of loss after they were transferred for further delivery to the Consumer;

1.1.5. Provision of materials to bar code and package Packages;

1.2. Request for Services featured in sections 1.1.1 and 1.1.5 of this Appendix, with respect to relevant Packages, shall be automatic if a User makes an Order via the Service which contains Customer’s Goods (i.e. when a Consumer executes a purchase and sale contract with the Customer on the Service). Such Requests are fully effective and are considered as submitted in writing. Information under Requests for Services is exchanged by the Parties electronically, including via API.

1.3. The Customer shall fill out the templates of documents/tables available in the Customer’s User Account, to show specifics of Packages and other data important for the Contractor to provide services under the Agreement and/or submit such information to the Contractor via the User Account, including via API.

1.4. The Parties agreed that Packages shall be transferred by the Customer directly to the Delivery Agent designated by the Contractor.

1.5. The Contractor shall:

1.5.1. Provide Services in accordance with Requests agreed by the Parties in a manner prescribed by this Appendix;

1.5.2. Take all possible measures to ensure safety of transferred Packages;

1.5.3. Accept Packages, check integrity of their packaging and availability of relevant shipping documents;

1.5.4. Inform the Customer about damage, destruction or shortage of Packages during delivery to the Consumer;

1.5.5. Transfer materials for bar coding and packing of Packages to the Customer as agreed by the Parties.

1.6. The Customer shall:

1.6.1. Make up Packages according to the Requests on the Service made by Users in accordance with this Appendix to the Agreement;

1.6.2. Ensure Packages are ready for delivery to the Delivery Agent for further delivery to the Consumer within the period agreed by the Parties by e-mail and/or User Account;

1.6.3. Pack/repack, bar code Packages if a notice is received from the Contractor under section 1.5.4. of this Appendix;

1.6.4. Transfer Packages to the Delivery Agency under acceptance certificate drawn up using a template from Appendix No. 3.2. to the Agreement;

1.6.5. Accept Packages from Delivery Agency under certificate of return of Packages drawn up using a template from Appendix No. 3.5. to the Agreement;

1.6.6. Provide the Contractor with information about Goods (number of accounting units and condition, status) available in the Customer’s Warehouse and/or store through via the User Account;

1.6.7. Keep information about the range, retail prices and other information about Goods available on the Service, current in online mode as prescribed by the Russia’s consumer protection laws and timely update such information;

1.6.8. Ensure bar coding of Packages, and provide other information necessary to deliver a Package to the Consumer in accordance with the requirements set forth in this Appendix to the Agreement;

1.6.9. Provide the Contractor with information about the nature of Goods enclosed in a Package, its properties, handling procedure, safety measures, transportation and storage conditions of Packages;

1.6.10. Load Packages into the vehicles of the Delivery Agent;

1.6.11. The Customer agrees not to provide for shipping Packages with Goods prohibited for shipping by effective laws of the Russian Federation, including but not limited to those listed in Appendix No. 3.1. to the Agreement;

1.6.12. The Contractor may restrict the display of Product Offers, suspend Services and/or terminate this Agreement with the Customer unilaterally in the following cases (the list is not exhaustive):

1.6.12.1. If the Contractor comes to the conclusion that there are sufficient grounds to implement relevant measures following the Contractor’s investigation due to negative feedback/negative reviews about the Customer received via, in particular:

  • User/Consumer reviews;
  • Contact forms on help pages;
  • Users’/Consumers’ replies to system notifications from the Service;
  • Users’ help desk emails and/or calls.

1.6.12.2. In case of material breach in setting the status of relevant Orders in accordance with https://yandex.ru/dev/market/partner-marketplace-cd/doc/dg/reference/put-campaigns-id-orders-id-status-docpage.

1.6.12.3. In case of drastic increase or decrease of the price of Goods.

1.6.12.4. If the partner's quality index is not compliant with the requirements at https://yandex.ru/support/marketplace/delivered-by-beru/quality-score.html, or if the total number of Orders is not enough to calculate the partner’s quality index.

1.6.12.5. If methods described in the section on how to connect to the software interface of the Beru marketplace (https://yandex.ru/dev/market/partner-marketplace-cd/doc/dg/concepts/about-docpage) are incorrect and lead to unstable operation of the API by the Customer, the Contractor may without notice at its sole discretion terminate or suspend the Customer’s access to the Service or its selected functions using its User Account, without explanation, including if the Customer breaches these Terms.

2. Cost of Services

2.1. Cost of Services rendered by the Contractor under this Appendix is ​​calculated in accordance with the tariffs below:

No. Processing services in the sort facility (where Packages are delivered to the Sort Facility by the Contractor) Processing services in the sort facility (where Packages are delivered to the Sort Facility by the Customer)
1 RUB 25 (but not less than RUB 1,500 per calendar day, no matter how many pickups were made) RUB 15

2.2. The Contractor may change tariffs mentioned in section 2.1. of this Appendix unilaterally with a prior notice thereof to the Customer not later than 30 (thirty) calendar days before the date of such change. The notice shall be emailed by the Contractor to the Customer to the email address found in the application offer (section 2.4 of the Agreement) or in the User Account. New tariffs shall become effective from the date of their publishing at https://yandex.ru/legal/beru_service_agreement and apply to all Requests for delivery services submitted after new prices were published at https://yandex.ru/legal/beru_service_agreement. Herewith, the cost of Services under Requests agreed by the Parties before new prices became effective (unless other conditions of effectiveness for new prices were additionally set by the Contractor when publishing such changes at https://yandex.ru/legal/beru_service_agreement.

2.3. If the Customer disagrees with the changed prices featured at https://yandex.ru/legal/beru_service_agreement, the Customer may terminate this Agreement by notifying the Contractor thereof within 15 (fifteen) calendar days from the date when Contractor sent its notice, to the email address merchant@beru.ru or to the Contractor’s manager found in the User Account, from the Customer’s email address found in the User Account. In this case, the Agreement shall be deemed terminated after 15 calendar days from the date of the Customer’s notice.

3. Integration. Test and check orders. Access to the Service.

3.1. Within 10 business days from the date of conclusion of the Agreement, the Customer shall complete necessary initial setup of the User Account in accordance with the conditions available at https://tech.yandex.ru/market/partner-marketplace-cd/doc/dg/concepts/about-docpage.

3.2. In addition to the arrangements mentioned in section 3.1. of the Terms, for interacting with the Service, the Customer shall integrate via the API Service in accordance with the rules available at https://tech.yandex.ru/market/partner-marketplace-cd/doc/dg/concepts/about-docpage.

3.3. Test orders.

3.3.1. Once the Customer completed arrangements mentioned in section 3.1. and 3.2. of this Appendix to the Agreement, the Customer may create test orders in the User Account on the Test Orders page and monitor correct Order handling by simulating typical user scenarios (via the API or User Account) in accordance with the conditions available at https://yandex.ru/support/marketplace. Services under test orders are not billed.

3.4. Check order.

3.4.1. Once the Customer fulfills conditions mentioned in sections 3.1., 3.2. and 3.3. of this Appendix to the Agreement, the Customer shall notify the Contractor via the User Account that all Customer’s systems function properly and ready for the check order.

3.4.2. The Contractor shall, within 7 days from the date of the Customer’s notice, make a control order for the Customer’s Goods in accordance with the conditions available at https://yandex.ru/support/marketplace to verify that the system functions and the Customer is ready to work within this Appendix. A control order is the Contractor making Order for Goods via the Service under Beru Terms of Use document available at: https://yandex.ru/legal/beru_termsofuse, and checking the Customer’s integration via the Service API, the Customer’s compliance with the requirements for packaging, Bar Coding, transferring of Packages to the Delivery Agent and compliance with other requirements of this Appendix to the Agreement. If a Package under the control order made up and transferred by the Customer to the Delivery Agent in a manner prescribed by this Appendix, the control order is deemed successful. The Parties agreed that the date of successful control order shall be the start date for rendering services under this Appendix. Services within the successful control order shall be billed as prescribed by this Agreement. The Parties further agree that within the control order the ownership does not pass from the Customer to the Contractor, that is, the Contractor does not buy out Goods.

3.4.3. Upon the Customer’s successful control order, the Contractor shall grant the Customer access to the Service and all features allowed by the Service within the framework of this Appendix. The Services under this Appendix are billed from the start date of rendering the Services.

4. Pick-up and return of Packages

4.1. Packages shall be picked up by the Delivery Agent on a daily basis under a schedule agreed upon by the Parties via e-mail and/or User Account. If there is no Request for Services drawn up as per section 1.2. of the Appendix, the Contractor shall not arrange arrival of the Delivery Agent to the Customer to Accept Packages.

4.2. The Contractor shall arrange pick-up of Packages and Delivery Agent’s vehicles for loading in accordance with the Request at the address and time agreed by the Parties via e-mail and/or User Account.

4.3. The Customer shall ensure transfer of Packages, namely: access for the Delivery Agent’s vehicle to the Packages pick-up spot (within 10 meters or closer to the pick-up spot), as well as loading of Packages by own efforts to the Delivery Agent’s vehicle. If the Packages pick-up spot is within a paid parking facility, the Customer shall pay for the parking of the Delivery Agent’s vehicle.

4.4. The Delivery Agent shall arrive to the Customer to pick-up Packages at the agreed time, If necessary, the Delivery Agent shall notify the Customer of its arrival.

4.5. The Customer shall make the Packages ready for transfer to the Delivery Agent by the time agreed by the Parties and fully transfer Packages within such time agreed by the Parties via e-mail and/or User Account. If Packages were not fully transferred to the Delivery Agent within the agreed time through the Customer’s reasons, the Delivery Agent may leave the Packages pick-up place or extend Package pick-up timing as the Parties may agree.

4.6. The Customer shall, where applicable, enclose to a Package transferred to the Delivery Agent a warranty sheet, manual, and other documentation that must be handed over to the Consumer upon delivery of Goods in accordance with the consumer protection laws.

4.7. A Package shall be accepted by the Delivery Agent only from the Customer featured in the Request. The Delivery Agent designated by the Contractor in the Customer’s User Account and/or in the notice emailed to the Customer is a duly authorized representative of the Contractor to pick up Packages under the Agreement and sign documents when accepting Packages.

4.8. In accordance with the terms of this Appendix, Packages shall be picked up by the total of the items of cargo for Packages or by pallets where Packages are made up into pallets as follows:

4.8.1. Acceptance by the total of the items of cargo:

  • It is carried out without re-counting Goods enclosed into Packages under acceptance documents issued by the Customer using the template from Appendix No. 3.2. to the Agreement. To acknowledge acceptance of Packages, the Delivery Agent shall sign and stamp the acceptance certificate prepared by the Customer that shall feature such information: name of the Delivery Agent, Customer, date of Packages pick-up, quantity of the items of cargo for Packages, Declared Value of the Package, Package number, as well as other information agreed by the Parties. Two copies (one for the Customer, one for the Contractor) of the Acceptance Certificate that show that the Delivery Agent accepted the Package, with the signature of the Delivery Agent shall be kept by the Customer, one copy of the Acceptance Certificate shall be kept by the Delivery Agent. Such Acceptance Certificate shall be drawn up by the Customer in three copies. The Customer shall submit signed copies of Package Acceptance Certificates to the Contractor for the reporting month not later than the 10th day of the following the reporting one. The actual number of accepted items of cargo of Packages shall be fixed in the transfer instruments.
4.8.2. Acceptance by the total of cargo items for Packages made up into pallets (hereinafter – pallets):
  • It is carried out without re-counting of Packages made up into pallets and on the basis of transfer instruments issued by the Customer using the template from Appendix No. 3.2. to the Agreement. To acknowledge acceptance of pallets, the Delivery Agent shall sign and stamp the acceptance certificate prepared by the Customer that shall contain the following information: name of Delivery Agent, Customer, date of acceptance of pallets, quantity of pallets, Declared Value of Packages made up into pallets, pallet numbers, as well as other information agreed by the Parties. Two copies (one for the Customer, one for the Contractor) of the Acceptance Certificate that confirm acceptance of the pallets with the signature of the Delivery Agent shall be kept by the Customer, one copy of the Acceptance Certificate shall be kept by the Delivery Agent. Such Acceptance Certificate shall be made by the Customer in three copies. The Customer shall submit copies of signed Acceptance Certificates for the reporting month to the Contractor not later than the 10th day following the reporting one. The actual quantity of pallets accepted shall be recorded in the transfer instruments. If within 3 (three) business days upon acceptance of properly packed pallets, the Delivery Agent identifies discrepancy in the number of Packages in the pallets, the Contractor/Delivery Agent shall unilaterally draw up a Discrepancy Certificate and such Certificate shall be unambiguously accepted by the Customer as a duly executed proof of quantity discrepancies identified by the Delivery Agent in Packages.

4.9. The Customer must enclose documents for the Consumer into each Package (a sales receipt or other similar document with the names of goods in the Package, their quantity and cost, name and details of the Customer (including PSRN (Primary State Registration Number), location address, phone number and other Customer’s contact details), as well as other documents prescribed by section 5.12 of this Appendix. If the Customer fails to fulfill this obligation, the Contractor may terminate the Agreement unilaterally out of court.

4.10. When picking up Packages, the Delivery Agent’s employee authorized to pick up Packages shall show to the Customer a copy of the power of attorney authorizing to pick up the Package on behalf of the Delivery Agent, as well as an identity document. The Customer shall check such documents and ascertain that the Delivery Agent’s employee is duly authorized. Otherwise, the Customer shall bear all risks related to the Package transfer to an unauthorized person.

4.11. When accepting Packages (or pallets), the Delivery Agent may pre-check that the packaging/Barcode of the Package (or pallets) comply with the requirements set by this Appendix, and reject a Package (or pallets) whose packaging/Barcode does not comply with such requirements, thereof a relevant entry is made in the Acceptance Certificate for a Package (or cargo items (pallets)) which is signed by the Delivery Agent and the Customer.

4.12. The Customer transferring Packages to the Delivery Agent shall provide to him such documents:

  • A power of attorney drawn up by the Customer in the name of an individual transferring the Packages;
  • Identity document;
  • A transfer instrument with information about the transferred Packages.

4.13. When accepting Packages, the Delivery Agent shall do the following:

  • Accept Packages according to the quantity of Packages or pallets under transfer instruments;
  • Visually check Packages (or pallets) for damage to the packaging;
  • Check whether the Packages (or pallets) have relevant Barcode;
  • Check compliance with packaging rules to ensure that Packages are protected from damage and deterioration.

4.14. Visible damage to packaging and quantity discrepancy in Packages (or pallets) shall be fixed in the transfer instrument under which the Packages are transferred.

4.15. When accepting the Packages, the Delivery Agent shall never open the packaging of the Packages (or pallets), check the quality, working order and quantity of Goods in the Package, the number of Packages made up into pallets, and shall only check the packaging of the Package (or pallets) for its integrity and visual damage.

4.16. The Contractor/Delivery Agent shall bear risks of accidental loss and/or damage of Goods enclosed in the Packages from the moment of acceptance from the Customer subject the Customer complies with the proper packaging requirements for the Packages.

4.17. The list of Goods not accepted for delivery is available in Appendix No. 3.1. to the Agreement. If during provision of Services by the Contractor/Delivery Agent, Goods enclosed in the Package are found to be included in the above list, the Contractor/Delivery Agent shall notify the Customer thereof, and may reject such Package and delivery to the Consumer.

4.18. When transferring Packages, the Customer shall provide the Contractor/Delivery Agent with necessary full and accurate information about the nature of Goods enclosed into the Package, its qualities, and handling procedure, safety measures and storage conditions.

4.19. If the Customer breaches any of the Package acceptance conditions under this Appendix, the Contractor/Delivery Agent may refuse to accept the Customer’s Packages. The Customer shall reimburse any and all expenses incurred by the Contractor due to Customer’s breach of such conditions, including due to Consumer claims within three days from the date from the Contractor’s relevant request.

5. Packaging and bar coding procedure for Packages

5.1. Packages shall be packed in a packaging adequate to the nature of Goods, transportation and delivery conditions, and duration of the route, excluding any possible damage to Goods where they are handled, transported and delivered under standard practice and accessed without violating package integrity in accordance with the conditions published at https://yandex.ru/support/marketplace.

5.2. Packages made up into cargo items shall not exceed size and weight limits published at https://yandex.ru/support/marketplace.

5.3. The box shall allow placing all goods from the order taking into account cargo and package symbols and specifics of Goods. Before goods are placed into the box, Goods shall be visually checked, including completeness and quality check (visually), check for damage to the consumer packaging of Goods, availability of necessary information about Goods and its manufacturer, etc.

5.4. General requirements for Goods, their exterior and order of stacking in a Package box:

  • Liquids: must be free of leaks. When turned over and slightly pressed down, they shall not leak or let air into the container. Otherwise, it will mean poor quality of packaging. Goods with liquids must be positioned in a Package box strictly bottle neck upward and fixed with packaging materials in an upright position to prevent Goods from tipping over (according to package symbols on the box).
  • Fragile items: goods must be securely fixed in the Package box, shall not be loose and make unwanted noise when slightly shaken, such as the sounds of moving/pouring of Goods inside the container or tinkle;
  • Valuables: such items usually have factory seals, which means their content is securely preserved, these seals must be retained in their original form. Goods with signs of the broken seal cannot be included into the Package, unless otherwise agreed with the Consumer;
  • Soft: soft toys, clothing and accessories, shoes, bedding, etc. without original packaging (film, box) shall be packed separately in a bag or stretch film (if this does not damage the appearance and usability of goods) to protect against dust and pollution during transportation;
  • Shelf life: if the product has shelf life, it shall be checked before including it into the Package. Shelf life shall be at least 30% of the remaining shelf life at the time of making up a Package.

5.5. Heavy Goods must not be placed on top of fragile items, liquids must not be put together with household electrical appliances, foodstuffs must not be put together with substances hazardous to health (household chemicals, fertilizers, medicines and other substances dangerous to life and health), absorbent items must not be put together with strongly smelling Goods. If such goods need to be packed in the same Package box, hazardous goods are recommended to be packed in a separate sealed package (such as, a plastic bag or thermal film). Fragile items must have cushioning material fully around them, which may resist physical impact by heavy items or the edges of the box, so that the goods are firmly secured. To avoid damage to goods inside the Package in case of shaking and significant overpressure (falling, sudden stop of the vehicle, etc.), goods shall be cushioned with special materials, such as corrugated paper, bubble wrap, etc. so that they are properly secured. A sticker (label) must be placed on the side of the box so that it is easily noticed and it does not overlap package symbols and brand marks.

5.6. Goods may be packed using stretch film (if the order consists of one large item such as a kettle, iron, blender, etc.) whose original packaging is made of multilayer hardboard. Goods shall be wrapped in 2-3 (max. 3) layers of the film with one layer of branded Beru! scotch tape attached crisscross. If goods packaging has packing symbols on it, transparent film shall be used so that the symbols are visible. For other products, color film may be used.

5.7. A Package box shall be made up only using Beru! branded scotch tape. One layer of such scotch tape is enough.

5.8. At the bottom of a pallet with the Package boxes shall be the heaviest packages the weight of which is near to the maximum allowance. On top of them, large and medium Packages shall be placed. Then, packages in stretch film, and small boxes on the very top.

5.9. It is prohibited to place Goods into the Package and/or Packages on a pallet in violation of packing symbols, attributes or fair logic.

5.10. Packages shall be bar coded using a sticker (label) which is needed for further delivery of the Package by the Delivery Agent to the Consumer.

5.11. Each Package sent to the Delivery Agent for delivery shall be marked with a special sticker (label) printed by the Customer in accordance with the Contractor's requirements available at https://yandex.ru/support/marketplace with a unique Package code (bar code), as well as other information agreed by the parties and needed to provide Services and deliver the Package to the Consumer subject to the following conditions:

5.11.1. The sticker (label) is printed on a special A6 adhesive paper, which securely attaches to the packaging material of the Package at temperatures between – 40 to + 40 Celsius.

5.11.2. The sticker (label) shall be attached on the even, largest side of the Package so that the information and packing symbols printed by the Customer on the Package were visible for the Delivery Agent.

5.11.3. For large Packages, a sticker (label) shall be attached on the top side of the Package when the Package is in its most stable position.

5.11.4. The sticker (label) shall have a readable and scannable barcode on it.

5.11.5. The sticker (label) shall be attached carefully so that the barcode printed on it does not blur (rub off).

5.11.6. If a packing tape is used for Packages, it shall not prevent reading of information and scanning of the barcode printed on the sticker (label).

5.11.7. Making any inscriptions on the sticker (label) and changes to the information on the sticker (label) is prohibited.

5.11.8. If the sticker (label) attached to the Package does not comply with the requirements of section 5.11. of this Appendix, the Contractor/Delivery Agent may refuse to accept the Package and/or return the Package to the Customer in accordance with this Appendix.

5.12. The Customer shall ensure the List of Order Enclosures is printed from the Customer’s User Account under the relevant Order and enclosed to the Packages. The List of Order Enclosures shall contain a list of Goods, information about return deadlines and procedure. Besides the List of Order Enclosures drawn up and enclosed, the Customer shall ensure necessary supporting documentation for Goods are enclosed to the Package, as stipulated by the effective laws of the Russian Federation.

5.13. By the Consumer’s relevant request, the Customer shall, together with the Goods, transfer to the Consumer duly certified copies of certificates of conformity and/or declarations of conformity, and/or certificates of registration of Goods or other documents that must be provided to the Consumer under the law.

5.14. The Customer agrees to observe the following requirements for making up cargo items (pallets):

  • Each cargo item (pallet) shall have a label attached with the list (of Packages) and the quantity of Packages in the cargo item (pallet);
  • Packages in a cargo item (pallet) shall be packed in outer packaging (boxes) which will keep Packages safe from damage during multimodal transportation under normal conditions. Packages in boxes shall be stacked and secured on pallets. If this requirement is breached, the Contractor shall not be liable for Goods that were damaged during transportation due to poor outer packaging and/or loose fastening on pallets.

5.15. If the above packaging and labelling requirements are ignored, the Delivery Agent reject such Packages or impose relevant sanctions to the Customer as prescribed by the Agreement.

6. General terms and conditions for Package delivery

6.1. Packages shall be delivered by the Delivery Agent within the times agreed with the User during making an Order via the Service.

6.2. The Contractor shall ensure documented proof that the Package was handed over to the Consumer. When delivering Packages, the Delivery Agent may at its discretion formalize the handing over of Packages to Consumers (Recipients) – individuals, in physical documents (invoices, delivery registers, acceptance certificates, etc.).

6.3. The Contractor shall, at the Customer’s request, provide a copy of the document confirming the delivery of the Package to the Consumer.

6.4. Goods shall be delivered to the Buyer by the Delivery Agent in accordance with the delivery method chosen by the User during ordering:

  • To the outlets;
  • To automated parcel lockers (parcel lockers);
  • Door delivery by a courier or to the first pass entry system, security point, and other restricted territories, if there is no access to the door. The Contractor shall not be liable for failure to deliver Goods to the Consumer in restricted territory, if the Buyer failed to ensure needed access;
  • To the post office.

6.5. A Package shall be delivered to the Consumer within 20 (twenty) minutes from the moment the Recipient was notified of the Delivery Agent’s arrival to the address featured in the Order. When this time elapsed, the Delivery Agent may leave the delivery address. In this case, the delivery service shall be deemed duly rendered and is payable by the Customer in full.

6.6. The Parties agreed that the Consumer’s refusal to accept and pay for the Package when it is handed over to him/her shall mean Consumer’s refusal to conclude a purchase and sale contract for goods with the Customer, thereof the Contractor shall notify the Customer via the User Account not later than 5 (five) business days from the delivery date. Handing over of a portion of Goods from the Package to the Consumer is not allowed.

6.7. If Consumer’s refusal to accept delivered Package was not due to the shortage, damage and/or loss of Goods from the Package caused by unduly rendered Package Delivery Service by the Contractor, the cost of Services under this Order shall not be adjusted and shall be paid by the Customer in full.

6.8. If the Consumer refused to accept Goods after opening the Package, the Delivery Agent shall pack the Goods rejected by the Recipient so that to bar access to them. Returned Package shall be packed and bar coded in accordance with the requirements set by this Appendix.

6.9. In case of return, the status of the Package will be shown in the User Account for the relevant Order.

6.10. Undelivered, missed, and rejected Packages.

6.10.1. Packages that are not delivered to the Consumer within the times set in the Order for the following reasons: Consumer’s absence, Consumer’s rejection of the Order, Consumer’s refusal to accept the Package, Consumer’s did not come to the Outlet/Parcel Locker/Post Office, as well as for other reasons, shall be returned to the Customer by the Delivery Agent within 15 days from the planned delivery date to the Consumer. Packages shall be returned the next nearest day of arrival of the Delivery Agent to the Customer to pick up Packages, unless otherwise agreed by the Parties additionally.

6.10.2. If the Consumer refused to accept the Package due to a violation of the scheduled delivery date due to Contractor’s (Delivery Agent’s) fault, the services related to the delivery of the Package shall be deemed unduly rendered by the Contractor and shall not be paid for.

6.10.3. Packages shall be returned to the Customer under the documents drawn up by the Delivery Agent using the template from Appendix No. 3.5. to the Agreement, for each returned Package. Package Return Report shall be drawn up by the Delivery Agent in three copies, two of which shall be kept by the Customer. The Customer shall transfer to the Contractor its copies of the signed Return Reports for the reporting month not later than the 10th day following the reporting one.

6.10.4. Returns to the Customer shall be made as follows:

Packages shall be transferred under a relevant transfer instrument, which shall have full name of the recipient (representative of the Customer or the person engaged), and details of his/her power of attorney. Return of the Package shall be confirmed by the signature of the person actually receiving the Package, one of the copies shall be kept by the Delivery Agent.

6.10.5. Packages shall be accepted by the Customer by the quantity of Packages with a visual check of their packaging integrity.

6.10.6. Packages shall be returned to the Customer’s representative who has original copy of the power of attorney to receive the Package. The Customer shall sign the Package Return Report as prescribed by Appendix No. 3.3 to the Agreement.

6.10.7. Where the recipient of the Package is a third party engaged by the Customer (for example, a delivery service), the recipient’s power of attorney drawn up on behalf of the Customer for such a third party shall be supplemented with a power of attorney drawn up on behalf of such a third party issued in the name of an individual who actually receives the Package.

6.11. If there are claims to the Packages returned to the Customer, such claim shall be submitted by the Customer to the Contractor not later than 24 (twenty-four) hours from the date of return of the Package.

7. Liability of the Parties

7.1. For breach of obligations under this Appendix, the Parties shall be liable under the Agreement, including this Appendix.

7.2. The Contractor shall be liable to the Customer:

7.2.1. For property damage to the Customer caused due to the loss, shortage or damage of Packages from when the Package was collected from the Customer to when it was handed over to the Consumer or returned to the Customer. The exception is when loss, shortage or damage occurred due to force majeure, or due to specifics of Goods, which the Contractor, when accepting Goods, did not know and should not have known, or due to the Customer’s willful intent or gross negligence.

7.2.2. In case of loss and/or shortage of Goods, the Contractor shall pay the Customer the cost of lost and/or missing Goods equal to the Declared Value fixed in the Package Acceptance Certificate taking into account the provisions of sections 7.2.2.1 and 7.2.2.2 of this Appendix.

7.2.2.1. The Contractor may request from the Customer documented proof of the fair value of Goods. Declared Value shall not exceed the fair value of Goods, supported by relevant documents. Such documents may be any documents of the Customer that show the purchase price of Goods, or production cost of Goods where the Customer is a manufacturer of Goods.

7.2.2.2. Compensation amount may not exceed the fair value of Goods in the Package, established in accordance with section 7.2.2.1. Statement of Declared Value that exceeds the fair value of Goods by the Customer shall be a material breach of the Agreement terms and conditions and, if repeated, shall be the basis for termination of the Agreement at the initiative of the Contractor unilaterally and out of court.

7.2.2.3. In case of damage to Goods in the Package, the Contractor shall pay the Customer documented real damage in the amount by which the damaged Goods were depreciated, but not exceeding the Declared Value fixed in the Acceptance Certificate, subject to the provisions of Sections 7.2.2.1 and 7.2.2.2 of this Appendix.

7.2.3. The Parties acknowledge and agree that the Contractor shall never be liable for good working order and quality of Goods handed to the Consumer, which the Contractor accepted in intact original packaging that has no signs of it having been open. The Customer shall assume liability to independently and at its own expense (unless otherwise provided by the Agreement) settle any and all Consumers’ claims submitted under consumer rights protection laws.

7.2.4. The Customer shall pay the Contractor the damages in the amount of actual damage and compensate for all documented expenses caused by Customer’s wrongly filled out/generated documents generated by the Customer under this Agreement for further transferring of a Package to the Delivery Agent, including due to putting information to the above documents, that is different from information about Goods in the Package and the Customer.

7.2.5. The Contractor shall be liable to the Consumer for non-fulfillment or improper fulfillment of Package delivery obligations.

7.2.6. In case of loss, shortage or damage of the Package handed over by the Customer to the Delivery Agent and until the Package is delivered to the Consumer and/or the Package is returned to the Customer, Package delivery services shall be deemed unduly rendered and shall not be paid for.

7.3. A Customer’s claim shall be the ground to impose fines to the Contractor or claim from the Contractor compensation of actual damage under this Appendix. In this case, a Customer’s claim shall feature the fair value of lost/missing Goods and/or the amount by which the damaged Goods in the Package were depreciated, supported by documented proof of the fair value of lost/missing Goods (a contract, invoice, payment document, invoice, waybill, sales receipt that show the price of Goods from the Package) and/or copies of documents showing the amount by which the damaged Goods were depreciated.

7.4. The Customer shall be liable for damage/loss of third-party property that occurred due to Customer’s transfer of Goods in the Package, which are prohibited under this Agreement and/or Russian laws.

7.5. The Contractor shall not be liable for damage or loss of Packages and Goods in such Package that occurred before they were transferred by the Customer to the Delivery Agent.

7.6. The Contractor shall not be liable for non-fulfilment/improper fulfilment of obligations under this Appendix in any of the below cases:

  • If non-fulfillment/improper fulfillment resulted from non-fulfillment or improper fulfillment by the Customer of its obligations under the Agreement, including non-compliance with container, packaging, bar coding requirements, deadlines, etc.
  • If non-fulfillment/improper fulfillment resulted from actions of public agencies, local authorities or officials of such agencies, unless effective laws were violated by the Contractor or third parties engaged by the Contractor to provide Services.

7.7. The Contractor shall not be liable to third parties, including to Consumers, for the quality of delivered Goods in the Package, or under other Customer’s obligations, where the quality of Goods in the Package was deteriorated due to Contractor’s inadequate storage or transportation conditions of the Package.

7.8. If the Customer refuses to transfer the Package to the Delivery Agent for reasons beyond Contractor’s/Delivery Agents control, in accordance with the Customer’s Order, the Customer shall be liable for any and all negative outcomes of the unilateral avoidance of the Goods Purchase and Sale Contract, including possible claims and (or) requests from the Consumer to the Contractor in connection with such change/cancellation of the Order. The Parties agree that the Customer’s transfer of the Package that does not conform to the Consumer’s Order, violates other requirements of this Appendix, shall be deemed Customer’s refusal to transfer the Package that conforms to the Consumer’s Order.

7.9. The Customer who refused to transfer the Package to the Delivery Agent for reasons beyond Contractor’s/Delivery Agents control shall pay the Contractor the cost of services in accordance with the Agreement and this Appendix, as well as compensate the Contractor documented losses (including legal expenses, fines/penalties) caused to the Contractor due to claims, lawsuits, orders due to violation of consumer protection laws of the Russian Federation, as well as administrative fines imposed on the Contractor by authorized public agencies of the Russian Federation.

8. Packaging and barcoding materials for Packages.

8.1. The Contractor shall, in a manner agreed by the Parties via email and/or the User Account, transfer to the Customer packaging and barcoding materials for Packages in accordance with section 5. of this Appendix. Transferred materials shall be listed in the invoice.

8.2. The Customer shall independently monitor remaining Materials and submit a request to the Contractor to deliver Materials at least 7 calendar days before the date of transfer of the Materials. Materials shall be transferred by the Contractor or its duly authorized person engaged under the invoice.

8.3. The cost of Materials is included in the Cost of Services under this Appendix.

9. Dispute Resolution

9.1. Disputes arising in the course of performance of this Appendix shall be settled in accordance with the provisions of the Agreement.

Appendix No. 3.1.

1. List of goods not accepted for delivery

Firearms, signal pistols, air weapons, gas weapons, ammunition, cold weapons (including throwing weapons), electroshock devices and spark gaps, as well as basic parts of firearms, narcotic and psychotropic drugs, potent, radioactive, explosive, poisonous, pyrotic, flammable and other substances classified as dangerous goods, animals and plants, biological materials, banknotes of the Russian Federation, foreign currency, securities, excise stamps, as well as precious metals, precious stones and items with them.

Appendix No. 3.2.

TEMPLATE

Package Acceptance Report No. ____

___ ___________ 2019

Customer: ________________________________

Contractor (Delivery Agent): ________________________________

It is hereby certified that on the above date (date of acceptance of Packages) the Shipper transferred, and the Contractor (Delivery Agent) accepted the following Packages:

No. Package No. in the Customer’s system Package No. in the Contractor’s system Declared Value, RUB Weight, kg Number of cargo items, pcs.
Total

Packages transferred by (Customer):

______________________________________________________

______________________________________________________

(details of the power of attorney of the Customer’s representative)

___________________________________(__________________)

(signature) (print full name)

seal here

Packages accepted by (Contractor/Delivery Agent):

______________________________________________________

______________________________________________________

(details of the power of attorney of the Contractor’s/Delivery Agent’s representative)

___________________________________(__________________)

(signature) (print full name)

seal here

END OF TEMPLATE

Appendix No. 3.3.

TEMPLATE

Return Report

___ ___________ 2019

Customer: ________________________________

Contractor (Delivery Agent): ________________________________

It is hereby certified that on the above date (date of acceptance of Packages) the Contractor (Delivery Agent) transferred, and the Recipient (customer) accepted the following Packages:

No. Package No. in the Customer’s system Package No. in the Contractor’s system Declared Value, RUB Weight, kg Number of cargo items, pcs.
Total

Packages transferred by (Contractor/Delivery Agent):

______________________________________________________

______________________________________________________

(details of the power of attorney of the Contractor’s/Delivery Agent’s representative)

___________________________________(__________________)

(signature) (print full name)

seal here

Packages accepted by (Customer):

______________________________________________________

______________________________________________________

(details of the power of attorney of the Customer’s representative)

___________________________________(__________________)

(signature) (print full name)

seal here

END OF TEMPLATE

Appendix No. 4

Terms of payment for goods by consumers

1. The Contractor shall, in accordance with section 2.2 of the Agreement and the terms of this Appendix, act upon Customer’s assignment (Assignment) on own behalf and at the expense of the Customer to:

  • 1.1. Accept non-cash payments by Consumers in favor of the Customer, made to pay for Goods in the Customer’s store bought via the Service (section 2.2.1 of the Agreement and section 2 of this Appendix);
  • 1.2. Accept money from Consumers for Packages handed over to Consumers to pay off Consumer obligations to the Customer under the contracts of purchase and sale of Goods, concluded between the Customer and Consumers (section 2.2.2 of the Agreement and section 3 of this Appendix).
  • 1.3. Transfer money to Consumers that the Customer refunds to a Consumer if the latter withdraws from the Contract, returns Goods, as well as in other cases provided for by the Agreement, including Appendices No. 4.1, 5, 5.1. to the Agreement. The amount of money to be transferred to the Consumer within the framework of this assignment shall be calculated in accordance with Appendices No. No. 4.1., 5 and 5.1. to the Agreement. Such amounts shall be transferred by the Contractor to the details specified by the Consumer.

2. The Parties agreed that if the Consumer orders the Customer’s Goods with advance payment directly via the Service (by the methods offered by the Service), the Customer instructs the Contractor to accept from the Consumer money paid by the Consumer for the Customer’s Goods under the purchase and sale contract concluded between the Customer and the Consumer on the Service, and transfer the total of all money received from the Consumers to the Customer at dates and in a manner established by this Appendix.

  • 2.1. The Contractor is not a paying agent for the settlements made under section 2 of this Appendix in accordance with sections 1, 4 part 2 Art. 1 of the Federal Law No. 103-FZ dated 03.06.2009 ‘About the activities for acceptance of payments of physical persons performed by payment agents’.

3. The Parties agreed that if a Consumer makes an Order for the Customer’s Goods with payment on delivery, the Customer shall assign the Contractor to accept money from the Consumer for the Package handed over to the Consumer, against the Consumer’s obligation to the Customer under the purchase and sale contract for Goods concluded between the Customer and the Consumer. Herewith, the Contractor on its own behalf and at the expense of the Customer shall accepts money from the Consumer and transfer to the Customer the total of all money received from Consumers at dates and in a manner established by this Appendix. The relations between the Customer and the Contractor regarding the assignment mentioned in section 2 of this Appendix shall be governed by Chapter 52 of the Civil Code of the Russian Federation ‘Agency representation’.

  • 3.1. Money shall be accepted by the Contractor in accordance with section 3 of this Appendix only for the delivery of a package to the Consumer as a payment for Goods in the Package. In accordance with subparagraph 1 part 2 Article 1 of the Federal Law No. 103-FZ dated 3.06.2009 ‘About the activities for acceptance of payments of physical persons performed by payment agents’, the provisions of the above law shall not apply to settlements for the delivered Package under the Agreement. The relations between the Customer and the Contractor regarding the assignment mentioned in section 3 of this Appendix shall be governed by Chapter 52 of the Civil Code of the Russian Federation ‘Agency representation’.

4. Payments received by the Contractor from Consumers in accordance with the Assignment shall be transferred by the Contractor to the Customer, minus the amounts refunded/transferred by the Contractor to Consumers on behalf of the Customer in accordance with the terms of this Appendix, as well as Appendices No. 4.1., 5 and 5.1. to the Agreement.

5. To fulfill the Assignment, the Contractor may engage third parties – subagents, being liable for subagent’s actions to the Customer.

6. The Contractor shall transfer money accepted by the Contractor from Consumers within the Assignment, to the Customer to the current account specified by the Customer in the application offer (section 2.4 of the Agreement) or to the account designated by the Customer in its notice emailed to the Contractor (if details of the Customer’s account specified in the application offer change). All moneys accepted by the Contractor from Consumers shall be transferred to the Customer in full without deductions (unless otherwise provided by the Agreement, including this Appendix and Appendices No. No. 4.1., 5 and 5.1. to the Agreement) at least once a week, but in any case, within a period not exceeding 5 (five) banking days from the date the Contractor receives corresponding amounts from Consumers to its settlement account. For the purposes of this section of the Agreement, the moment of transfer shall be the moment when funds were debited from the Contractor's bank account.

  • 6.1. The Contractor shall not be liable for late transfer of funds received from Consumers if the Contractor's servicing bank refuses to transfer funds to the account designated by the Customer due to causes established by effective laws of the Russian Federation.
  • 6.2. In this case, the Contractor shall immediately notify the Customer of the above circumstances and send the Customer a list of the bank’s requirements that must be satisfied to resume settlements.
  • 6.3. The Contractor shall not be liable for late transfer of funds received from Consumers if the contractor imposes sanctions provided for in section 8.2. of this Appendix.

7. The basis for the transfer of funds to the Customer shall be the fact of the Contractor receiving funds from the Consumer. Herewith, in cases provided for in Section 1.2 of this Appendix, the Contractor may transfer funds to the Customer in advance of receiving funds to its settlement account, and after the Consumer received its Order (that is, immediately after the Order changed ins status to ‘Delivered’ (Handed to Consumer)).

8. If the Customer has outstanding Services under the Agreement, as well as outstanding Contractor’s fee for the Assignment under the Agreement, the Contractor may, at its choice:

8.1. Retain the Customer’s outstanding amount when transferring funds received by the Contractor from Consumers to the Customer.

8.2. Suspend transfers of funds mentioned in section 6. of this Appendix to the Customer until the debt is paid off by the Customer, provided that the payment for the Services under the Agreement, as well as the Contractor’s fee for doing the Assignment under the Agreement was delayed for more than 30 calendar days from the dates of relevant Certificates. Suspended transfer of funds to the Customer under this section shall not exempt the latter from its duty to pay for the Contractor’s Services under the Agreement, as well as the Contractor’s fee for doing the Assignment under the Agreement, and without prejudice to the Contractor’s right to impose sanctions on the Customer as provided for in section 6. of the Agreement.

  • The Customer and the Contractor acknowledge that:
  • 9.1. the Contractor’s fee billed under sections 15 – 17 of this Appendix for doing the Assignment includes all costs and expenses of the Contractor to do this Assignment, that is, such costs shall not be additionally paid for by the Customer;
  • 9.2. taking into account conditions set forth in section 9.1 of this Appendix, the Contractor shall not take costs to do the Customer’s Assignment separately from its other costs, and shall not submit documented proof of such costs to the Customer.

10. For late transfer of funds received by the Contractor under the Assignment to the Customer, the Contractor, upon the Customer’s written request, shall pay a penalty of 0.1% for each day of delayed funds, but not more than 10% of the overdue amount.

11. Refunds to the Consumer under the Order shall be made, and Consumer claims to the Customer regarding the Orders shall be considered in cases and in a manner prescribed by Appendix No. 4.1 to the Agreement.

12. Assignment Completion Report generated by the Contractor in accordance with section 3.2 of the Agreement shall include the following:

  • Total amount of Consumers’ payments received by the Contractor in favor of the Customer;
  • Contractor’s fee billed for the Reporting Period;
  • A table with a breakdown of settlements with the Customer (including, if any: total Consumers’ payments received by the Contractor in the Reporting Period; total refunds by the Contractor to Consumers in the Reporting Period; amount transferred by the Contractor to the Customer’s account in the Reporting Period; amount withheld by the Contractor as money returns to Consumers in the Reporting Period; the amount to be withheld by the Contractor as money returns to Consumers in the Reporting Period).

13. Contractor’s Assignment shall cover the following territory: the entire world.

14. For completed Assignment (sections 1.1 and 1.2 of this Appendix), the Customer shall pay a fee to the Contractor in accordance with this Appendix.

15. The Contractor’s fee shall be calculated in Russian rubles as a percentage of each Consumer’s payment received by the Contractor in favor of the Customer as part of the Assignment. The Contractor’s fee rate is available at https://yandex.ru/legal/beru_services_rate_table (in the column ‘Interest rate to calculate the Contractor’s agency fee for completed assignment provided by Appendix No. 4 to the Beru Services Agreement) and includes VAT at the rate set by effective laws of the Russian Federation. An invoice for the agency fee is issued by Yandex.Market in a manner prescribed by the legislation of the Russian Federation.

Contractor’s fee shall be calculated as follows. The Contractor’s fee rate is multiplied by the amount of the Consumer’s payment received by the Contractor in favor of the Customer; the result is rounded off to integral kopecks as per arithmetic rules; the calculated fee is summed up with the likewise calculated fees for payments received by the Contractor from Consumers in favor of the Customer during the Reporting Period. The resulting sum total shall be the Contractor’s fee for the Reporting Period.

The basis to accrue fee for a certain payment received by the Contractor in favor of the Customer shall be:

  • In the case provided for in section 1.1 of this Appendix – when Goods (for which the Contractor received money paid for the Customer’s order) are transferred to the delivery service (that is, when the Order changes its status to ‘Delivery’, which is displayed in the User Account);
  • In the case provided for in section 1.2 of this Appendix – when Goods (for which the Contractor received money paid for the Customer’s order) are transferred to the Consumer and/or when the Order changes its status to ‘Delivered’ (Handed to Consumer), which is displayed in the User Account.

Consumer’s refusal of Goods paid by him/her in advance via the Beru service (section 1.1 of this Appendix) before Goods are received or during its acceptance shall not be a basis to recalculate Contractor’s fee accrued in accordance with this Appendix for completed Assignment.

16. The Contractor may unilaterally change the rate of the fee mentioned in section 15 of this Appendix, with prior notice thereof to the Customer not later than 30 (thirty) calendar days before the date of such a change. The notice shall be emailed by the Contractor to the Customer to the email address written in the application offer (section 2.4 of the Agreement) or via the User Account. The new rate shall become effective from the date of its publication in the Agreement at https://yandex.ru/legal/beru_service_agreement.

17. If the Customer disagrees with the new rate, the Customer may terminate the Agreement by notifying the Contractor thereof within 15 (fifteen) calendar days from the date of Contractor’s notice by emailing it to the e-mail address merchant@beru.ru or to the Contractor’s manager featured in the User Account, from the Customer’s email address featured in the User Account. In this case, the Agreement shall be deemed terminated upon 15 calendar days from the date of the notice to the Customer.

18. If the Agreement is terminated at the initiative of the Customer, in accordance with the procedure provided for in section 17 of this Appendix, the provisions of section 9.7 of the Agreement shall apply.

19. Contractor’s fee shall be paid by the Customer in the order of transferring of amount of the accrued fee to the Yandex.Market settlement account by the Customer not later than 15 (fifteen) calendar days from the date Yandex.Market generates the Report mentioned in section 3.2 of the Agreement. Amounts returned/transferred by Yandex.Market to Consumers (section 4 of this Appendix) may be paid by deducting such amount when transferring payments received from Consumers, or by transferring such amount to the Yandex.Market settlement account by the Customer not later than 15 (fifteen) calendar days from the date when Yandex.Market generates the Report mentioned in section 3.2 of the Agreement.

  • 19.1. If the Contractor withheld the amount of money to be refunded to Consumers when transferring funds to the Customer, yet the funds received by the Contractor from Consumers are inadequate to pay off the Customer’s debt, the Customer shall transfer the amount of such debt to the Contractor’s account within 3 (three) banking days from the date of Contractor’s invoice for such debt.
  • 19.2. Instead of issuing the invoice mentioned in section 19.1 of this Appendix, the Contractor may withhold the amount of the Customer’s debt from funds received from Consumers in favor of the Customer in the next Reporting Periods.
  • 19.3. The Contractor may withhold the amount of Contractor’s fee owed by the Customer, from the funds received from Consumers in favor of the Customer, including in the next Reporting Periods.

20. If funds received from Consumers in favor of the Customer are insufficient to for the Contractor to retain its fee or to retain amounts to be returned to Consumers, the Contractor may suspend the Assignment and fulfillment of obligations under Appendix No. 1 to the Agreement until the Customer repays such debt.

21. If funds paid by the Customer in accordance with section 20 of this Appendix is ​​not sufficient to reimburse the refunds made by the Contractor to Consumers, the Customer shall pay in a manner provided for in section 19.1 of this Appendix.

22. Contractor’s refunds made in accordance with section 11 of this Appendix to Consumers (both full and partial amounts) shall not be a basis for reviewing (reducing) the agency fee billed and paid to the Contractor.

23. The duration of Assignment shall be the same as the duration of the Agreement. Termination of the Assignment, including if it is canceled by the Customer, shall cause termination of the Agreement.

24. As part of execution of the Customer’s assignment provided for in section 1.1. of this Appendix, the Contractor shall also make payments to Consumers by offsetting non-cash advance payments as payment for Goods in the Customer’s store, bought via the Service. The moment of making payments by offsetting the advance payment shall be decided based on the information about the delivery (handing to the Consumer) of Goods bought via the Service, provided by Contractor’s partners in charge of delivery (transfer) of Goods to the Consumer. If Goods from one Order are delivered to the Consumer at different times in separate parcels (packages), the time of offsetting the advance payment (advance) for all Goods in the Order delivered to the Consumer shall be the date of receiving delivery information (transfer to the Consumer) about the last Goods from the Order, shared by the Contractor’s partners in charge of the delivery (transfer) of Goods.

Appendix No. 4.1

Refunds. Consumer Claims and Arbitration

1. Return/exchange of Goods.

1.1. Return of good quality Goods.

  • 1.1.1. If the Consumer rejects purchased goods of good quality before they are transferred to the Consumer, the Customer shall refund Consumer’s money paid for Goods, unless these are specific goods and can be used only by the Consumer who bought them.
  • 1.1.2. In the case mentioned in section 1.1.1 of this Appendix, the Consumer’s rejection of Goods shall be via the interface of the relevant Order on the Service (in Consumer’s User Account on the Service) or by informing the Contractor thereof by phone, to the Contractor’s email address or using the feedback form on the Service, taking into account provisions of Appendices No. 5 and 5.1. to the Agreement.
  • In the case mentioned in section 1.1.1 of this Appendix, the Customer shall refund money paid by the Consumer for Goods, within the period established by consumer protection laws, but in any case not later than 10 (ten) calendar days from the date of arrival of Consumer’s returned Goods to the Warehouse (subject to the provisions of Appendices No. No. 5 and 5.1. to the Agreement).
  • 1.1.3. If Consumer rejects purchased Goods of good quality within 7 (seven) days after receiving them, the Customer shall refund the money paid for the goods to the Consumer, unless these are specific goods and can be used only by the Consumer who bought them.
  • 1.1.4. Refunds to the Consumer in the cases provided for in section 1.1 of this Appendix shall be made in a manner provided for in section 2 of this Appendix.
    • 1.2. Exchange of non-food Goods of good quality.
    • 1.2.1. If the Consumer contacts via the interface of the relevant Order on the Service with a request to exchange non-food Goods of good quality (if such Goods are of wrong shape, size, style, color, or configuration) within 14 (fourteen) days from the date of handing over of Goods to the Consumer (excluding the day of handing over of goods to the Consumer), the Customer shall exchange such Goods (if they are available at the Warehouse). If the Customer has no similar Goods available as on the day of such Consumer’s request, the Customer shall at the Customer’s request refund money paid for the Goods within the period stipulated by the consumer protection laws, but in any case not later than 10 (ten) calendar days from the date of arrival of Consumer’s returned Goods to the Warehouse (for fulfillment services) or to the Customer (for delivery services) (subject to the provisions of Appendices No. 5 and 5.1. to the Agreement).
    • 1.2.2. If Goods mentioned in section 1.2.1 of this Appendix are from the List of non-food goods of good quality that are non-returnable or non-exchangeable for similar goods of other size, shape, style, color or configuration (Resolution of the Government of the Russian Federation No. 55 dated 19 January 1998), Goods may be exchange or refunded at the discretion of the Customer.
    • 1.2.3. In the cases provided for by section 1.2 of this Appendix, money shall be refunded to a Consumer in a manner provided by section 2 of this Appendix.
    • 1.3. Return/exchange of Goods of poor quality/incomplete Goods.
    • 1.3.1. If the Consumer received Goods of poor quality (including incomplete goods), the Customer shall follow requirements of the Law of the Russian Federation ‘On Protection of Consumer Rights’ and the Civil Code of the Russian Federation.
    • 1.3.2. Consumer refunds (in whole or in part) due to poor quality of Goods (including incomplete Goods) sold to the Consumer shall be made in a manner provided for in section 2 of this Appendix.

2. Refund policy.

2.1. For Consumer refunds due to poor quality of the Goods sold or due to provision of incomplete or inaccurate information about the Goods, the Customer shall, in addition to money paid by Consumer for Goods, refund Consumer’s Goods purchase-related expenses that includes cost of delivery of such Goods to the Consumer (assessed based on the Order information available on the Service), as well as Consumer’s cost for delivery of such Goods to the Warehouse (for fulfillment services) or to the Customer (for delivery services) (assessed based on the copy of the post office receipt issued to the Consumer).

2.1.1. If the Consumer rejected Goods due to their poor quality or due to provision of incomplete or inaccurate information about the Goods, the Customer shall reimburse the Contractor costs incurred by the latter to deliver Goods to the Consumer (if such delivery was free of charge for the Consumer (according to the Order information available on the Service), as well as the cost of delivery of Goods to the Warehouse (for fulfillment services) or to the Customer (for delivery services) from the Consumer (where Consumer returns large Goods at the expense of the Contractor (subcontractor engaged) in accordance with section 6 of Appendices No. No. 5 and 5.1 to the Agreement). The amount of such expenses shall be transferred by the Customer to the Contractor’s current account based on invoice issued by the Contractor, within 3 (three) banking days from the date of invoice or this amount may be retained by the Contractor from the funds to be transferred to the Customer under other Orders made in the Customer’s store via the Service.

2.2. Funds to be transferred by the Contractor to the Consumer under sections 2.1 and 2.2 of this Appendix shall be retained by the Contractor from Consumers’ funds to be transferred the Customer under other Orders made in the Customer’s store via the Service, or, if needed amount was not retained by the Contractor, the Customer shall transfer such outstanding amount to the Contractor’s settlement account in within 3 (three) banking days from the date of Contractor’s invoice for such outstanding amount.

2.3. Unless otherwise provided by section 3 of this document, the basis for the Contractor to make a relevant refund to the Consumer shall be the Customer’s instruction in the form of a notice to the Contractor with a decision to refund the money (in accordance with Appendices No. 5 and 5.1. to the Agreement). If there is no Customer’s reply to the Consumer’s request communicated by the Contractor to the Customer (or received by the Customer) in a manner and terms specified in Appendices No. 5 and 5.1. to the Agreement, respectively, the Customer’s instruction to transfer funds to the Consumer calculated in accordance with sections 2.1 and 2.2 of this Appendix shall be deemed submitted to the Contractor.

3. Arbitration

3.1. If the Consumer is not happy with the Customer’s decision due to Customer’s violation of the terms of the sale and purchase contract concluded with the Consumer (including delivery of defective/damaged/incomplete Goods, problematic exchange/return of Goods, etc.), Contractor’s quality control arbitrator (Arbitrator) shall be engaged to help settle the Consumer’s claim.

3.2. The Customer shall immediately provide the Arbitrator with the documents requested by latter to decide on the claim, and information about Goods sold to the Consumer. Customer’s failure to provide requested documents to the Arbitrator may be the basis for the Arbitrator to decide the claim in favor of the Consumer, in particular if the Customer’s non-violation of the sale and purchase contract concluded with the Consumer cannot be supported by other documents/information submitted to the Arbitrator.

3.3. Approximate time to consider a claim by engaged Arbitrator is 10 calendar days. It may be extended by decision of the Arbitrator if Consumer and/or the Customer does not provide necessary documents/information.

3.4. Based on the outcome of the claim which has not been settled by the Consumer and the Customer, the Arbitrator shall make a decision in favor of the Customer or the Consumer, on the basis of documents and information provided by the parties during the claim review process, as well as other information available to the Arbitrator under the Order in question.

3.5. The Customer shall fulfil Arbitrator’s decision based on the outcome of the claim, if the decision is in favor of the Consumer.

If the Customer disagrees with the Arbitrator’s decision, the Customer may, using the feedback form or by sending an email to merchant@beru.ru, appeal Arbitrator’s decision within one calendar day from the date of the Arbitrator’s decision. In this case, Customer’s substantiated objections will be addressed by another Arbitrator whose decision in favor of the Customer or the Consumer shall be final.

3.6. Following the procedure described in this Appendix, the Contractor shall assists the parties to settle their disagreements related to the Customer’s fulfilment of its obligations under the purchase and sale contract concluded with the Consumer, and shall not be a person authorized by the Customer to accept and satisfy consumers' requests regarding poor quality of Goods, and such requests shall be satisfied exclusively by the Customer.

Engaging Arbitrator to settle disagreements between the Consumer and the Customer shall not prevent them from seeking other statutory means to settle their dispute.

3.7. If the Arbitrator makes a decision in favor of the Consumer, the Customer’s instruction to refund money to the Consumer paid by him/her for Goods, as well as Consumer’s expenses assessed under section 2.2 of this Appendix, shall be deemed submitted to the Contractor. Herewith, all disputes between the Contractor and the Customer related to the Arbitrator’s decision shall be decided only by and between the Contractor and the Customer and shall not affect the validity of the Consumer’s refund instruction submitted in accordance with this section. Such Instruction shall be fulfilled by the Contractor as prescribed by Appendix No. 4 to the Agreement.

Appendix No. 5

Goods return policy under the delivery service (Appendix No. 3 to the Agreement) for Goods purchased by the Consumer via the Service

1. Consumer shall submit a request for the return of Goods via ‘My Orders’ page in the User Account on the Service.

2. Contractor’s representative may contact the Consumer to learn the reason for the return if it is not clear from the Consumer's return request, and to ask other details lacking in the request.

3. Contractor shall inform the Customer’s store via the User Account or to the e-mail address, and/or by phone featured in the application offer (section 2.4 of the Agreement), and/or via the User Account in the ‘Returns and Claims’ section, about the Consumer’s intention to return Goods with the reason for such return. Such notice shall be sent not later than the next business day following the date the Contractor learns about the Consumer’s request to return Goods. Consumer personal data under this section shall not be submitted by the Contractor to the Customer.

4. If necessary, the Customer may advise the Consumer on how to use the Goods, as well as on other aspects that became a cause to return Goods. Such advice shall be provided by the Customer by sending a message for the Consumer via the Contractor to the Contractor’s email address merchant@beru.ru. Such advice shall be provided by the Customer to the Consumer immediately upon receiving a Contractor’s notice about the Consumer’s intention to return Goods, but in any case, not later than a calendar day following the date of Contractor’s notice to the Customer about the Consumer’s intention to return Goods.

5. Upon informing the Customer about Consumer’s intention to return Goods, the Contractor shall make the Consumer aware of the Goods return policy via the user account and/or by phone, and/or by e-mail (if the Consumer can be contacted via these communication channels). Goods return policy is also available to the Consumer in the ‘Help’ section at https://yandex.ru/support/beru/return/terms.html.

6. Goods may be returned by the Consumer by sending or bringing Goods to the address indicated in the Consumer’s User Account, or otherwise as offered on the Service. Herewith, if the Consumer returns large Goods due to poor quality of Goods, inadequate (incomplete) information about Goods provided to the Consumer, Goods, at the Consumer’s request, may be delivered from the Consumer to the Customer by the Contractor (engaged subcontractor). The Customer also may, at the Consumer’s request, arrange quality assessment and/or repair of goods at the location of the Consumer/Goods.

7. Goods return request signed by the Consumer shall be enclosed by the Consumer in the package with returned Goods or handed over the Customer together with the Goods.

8. Where the Consumer sends returned Goods independently, the Consumer shall inform the Contractor and/or the Customer that the Goods have been sent (including communicate the tracking number of the package) and sent a copy of the postal receipt issued by the Russian Post or any other delivery service shown on the Service (if Goods are returned due to poor quality of Goods or inadequate (incomplete) information about the Goods). The Contractor and the Customer, depending on who the Consumer contacted and/or to whom he/she sent returned Goods, shall share with each other information about the returned Goods, cost of return delivery, package tracking number and other return-related information not later than 1 one business day from the date of receiving Consumer’s information or the Goods.

9. If Consumer returns Goods to the Customer’s address, the latter shall accept Goods (regardless of the reason for their return, including in case of return of Goods of good quality). The Customer shall open the package (if necessary) and submit to the Contractor (to the email address found in the application offer (section 2.4 of the Agreement) or via the User Account) the below information about received Goods within two business days from the date of receiving Goods by the Customer:

  • Whether the return request is enclosed;
  • Order number in Beru marketplace system (if it was identified);
  • Return number in the Beru marketplace (from the request);
  • Full name of the sender/submitter;
  • Name of Goods;
  • General condition (whether the original packaging is disturbed, signs of use, is there any visual or other damage);
  • For poor quality Goods, photo of Goods and consumer packaging.

If necessary, the Contractor shall request from the Customer captures of the condition of Goods returned by the Consumer (if poor quality Goods are returned), such as photographic images.

10. The Customer shall, within 3 (three) business days from the date of receiving Goods mentioned in section 9 of this Appendix, decide on the Consumer’s return and refund request (including the decision to carry out expert evidence with respect to the Goods or the decision to transfer the goods for warranty repairs, or any other decision provided for by the consumer rights protection laws, if there are relevant grounds). The Customer shall immediately communicate its decision and the basis for such decision to the Contractor in writing to e-mail merchant@beru.ru. If necessary, the Contractor shall forward the Customer’s decision to the Consumer on the next business day after the Contractor receives the Customer’s decision.

11. The Customer shall notify the Contractor of the following events within dates mentioned in section 10 of this Appendix:

  • The need to carry out expert evidence in relation to the Goods, as well as dates and place of examination;
  • Consumer’s consent to have warranty repair of Goods, dates and warranty repair arrangements, as well as dates and arrangements to return goods to the Consumer;
  • If the expert evidence or other prescribed procedure finds based on relevant grounds that Goods are non-repairable and money shall be refunded to the Consumer;
  • Any other event related to handling of the Consumer’s request.

12. The Customer shall make a decision to refund money and inform the Contractor thereof so that the Contractor refunds money to the Consumer (unless the Customer decides otherwise based on statutory grounds) within the period stipulated by the consumer protection laws. Herewith, such period shall never exceed a period of 10 calendar days from the date of receiving returned Goods to the Customer’s address for receiving returned Goods. If the Customer did not send a notice with the decision made within the period set by this Appendix, to the Contractor, the Contractor may make a refund to the Consumer at the expense of the Customer within the period established by the law, in which case the Customer shall reimburse the Contractor’s amount refunded to the Consumer, as well as other expenses related to the Consumer’s request.

13. If a package with Goods arrives at the Contractor’s warehouse, the Contractor may notify the Customer thereof and the Parties additionally agree by e-mail or via User Account a protocol to transfer such Goods to the Customer.

14. The Consumer may at any time during return of Goods, submit a claim to the Customer’s store and involve the Contractor’s Arbitrator to help decide the dispute/issue with the Customer in a manner prescribed by Appendix No. 4.1 to the Agreement.

15. Refunds to Consumers shall be made in a manner and under conditions provided for in Appendix No. 4.1 to the Agreement.

Appendix No. 5.1.

Goods return policy under the fulfillment services (Appendix No. 2 to the Agreement), for Goods purchased via the Service by the Consumer

1. Consumer shall submit Goods return request via ‘My Orders’ page in the User’s user account on the Service. Goods return and refund form is sent to the Consumer’s email address provided when making the Order.

2. Contractor’s representative may contact the Consumer to learn the reason for the return if it is not clear from the Consumer's return request, and to ask other details lacking in the request.

3. Contractor shall inform the Customer’s store via the User Account or to the e-mail address featured in the application offer (section 2.4 of the Agreement) about the Consumer’s intention to return Goods with the reason for such return. Such notice shall be sent not later than the next business day following the date the Contractor receives the Consumer’s request to return Goods.

4. If necessary, the Customer may advise the Consumer on how to use the Goods, as well as on other aspects that became a cause to return Goods. Such advice shall be provided by the Customer sending a message for the Consumer via the Contractor to the Contractor’s email address merchant@beru.ru. Such advice shall be provided by the Customer to the Consumer immediately upon receiving a Contractor’s notice about the Consumer’s intention to return Goods, but in any case, not later than a calendar day following the date of Contractor’s notice to the Customer about the Consumer’s intention to return Goods.

5. Upon informing the Customer about Consumer’s intention to return Goods, the Contractor shall make the Consumer aware of the Goods return policy by phone (if the Consumer can be contacted via this communication channel).

6. Goods may be returned by the Consumer by sending Goods to the Russian Post warehouse, or otherwise as offered on the Service. Herewith, if the Consumer returns large Goods due to poor quality of Goods, inadequate (incomplete) information about Goods provided to the Consumer, Goods, at the Consumer’s request, may be delivered from the Consumer to the Warehouse by the Contractor’s (engaged subcontractor’s) efforts.

7. A scanned copy (or photographic image) of the Goods return request signed by the Consumer shall be saved in the Consumer’s user account on the Service and may be sent to the Customer (at its request) by the Contractor to the email address featured in the User Account. A copy of Goods return request signed by the Consumer shall be enclosed by the Consumer in the Package with the returned Goods.

8. Where the Consumer sends returned Goods independently, the Consumer shall inform the Contractor that the Goods have been sent (including communicate the tracking number of the package) and sent a copy of the postal receipt issued by the Russian Post or any other delivery service shown on the Service (if Goods are returned due to poor quality of Goods or inadequate (incomplete) information about the Goods).

9. Warehouse Operator shall receive the package in the complaints area (no matter what is the reason for return of Goods, including Goods of good quality). Warehouse Operator shall open the package and communicate the following information to the Contractor:

  • Order number (if it was identified);
  • Full name of the shipper;
  • Name of Goods;
  • General condition (whether the original packaging is disturbed, signs of use, is there any visual or other damage);
  • For poor quality Goods, photos of Goods shall be taken.

10. The Contractor shall, not later than two business days following the date of receiving the package, notify the Customer about the arrival of Goods (to the email address found in the application offer (section 2.4 of the Agreement) or via the User Account). If necessary, the Contractor shall forward to the Customer captures the condition of Goods returned by the user (for Goods of poor quality returned), such as, photographs taken by the Warehouse Operator.

11. The Customer shall, within 5 (five) business days from the date of the Contractor’s notice mentioned in section 10 of this Appendix, decide on the Consumer’s return and refund request (including the decision to carry out expert evidence with respect to the Goods, if there are relevant grounds). The Customer shall immediately communicate its decision to the Contractor to the e-mail address: merchant@beru.ru.

12. The Customer shall make a decision and refund money to the Consumer (unless the Customer decides otherwise based on statutory grounds) within the period stipulated by the consumer protection laws. Herewith, such period shall never exceed a period of 10 calendar days from the date of arrival of package with returned Goods to the Warehouse.

13. If a parcel with unclaimed Goods arrives at the Warehouse (Goods were not accepted/received by the Consumer), a request for fulfillment services shall be automatically generated (Goods acceptance and warehousing arrangements; storage of Goods at the Warehouse).

14. The Consumer may at any time during return of Goods, submit a claim to the Customer’s store and involve the Contractor’s Arbitrator to help decide the dispute/issue with the Customer in a manner prescribed by Appendix No. 4.1 to the Agreement.

15. Refunds to Consumers shall be made in a manner and under conditions provided for in Appendix No. 4.1 to the Agreement.

Appendix No. 6

(Template)

Customer’s application No. _____

__.__._____20__ .

I. Customer information:

  • Name of the store on the Beru Service: _________________
  • Name of company: ___________________
  • Type of company: _____________________
  • OGRN/OGRNIP: ______________________
  • Tax ID/Tax registration reason code: ___________________
  • Legal/registration address: _______________________________
  • Address for consumer appeals: _________________________
  • Customer’s working pattern: ______________________________
  • Phone number for consumer appeals: __________________________
  • Number and date of the license (if applicable): __________________________
  • Contact person for payments and payment instruments: __________________________________
  • E-mail of the contact person: ___________________________
  • Phone number of the contact person: ___________________________
II. Bank details for Consumer payments and compensations for Customer’s services:
  • settlement account: _________________________
  • name of the bank: ___________________________
  • BIC: _______________________
  • correspondent account: _______________________.

III. The Customer whose details are featured in sections I and II of this Application, represented by ____________________________________________, acting under the _________________________________________, hereby irrevocably grants to the Contractor – Yandex.Market Limited Liability Company (OGRN 1167746491395, 9 Novinsky Boulevard, space 9.03, 9th floor, 121099, Moscow, Russian Federation), hereinafter also referred to as Yandex.Market:

types of services (to select services, please, put V in an appropriate field):

Name of service
Fulfillment services under Appendix No. 2 to the Agreement
Delivery services under Appendix No. 3 to the Agreement

IV. User Account (login) of the key representative of the Customer’s store on the Yandex.Market service: ______________. The Customer shall guarantee that any and all actions on the Beru Service performed using this login (as well as other logins created using the login of the key representative, or a person who have been granted relevant access using such login) actions to enter into sales and purchase contracts between the Customer and users via Beru Service shall be performed with the consent of the Customer. The Customer shall be liable for any and all actions performed using such logins within the interaction of the Parties under the contracts mentioned in section III of this Application.

V. The Customer hereby agrees to submit original copy of this Application signed by a duly authorized representative of the Customer and sealed by the Customer to the Contractor within 1 (one) month from the date of filling out this Application. The Customer acknowledges that if the Customer fails to fulfil this condition, the Contractor may terminate contracts (if they were concluded) mentioned in section III of this Application, unilaterally without reimbursing Customer’s losses caused by termination of contracts as described above.

VI. The Contractor may unilaterally change terms and conditions of contracts (section III of this Application). Altered contracts shall become effective and binding on the Customer and the Contractor from the moment of their publishing by the links mentioned in section III of this Application.

____________________ /______________________/

Seal here

Date of placement: June 30, 2020