Yandex.Market Terms of Ordering and Payment for Goods
This document shall be valid if published at: https://yandex.ru/legal/market_purchase_users_terms/
Publication date: 05 November 2014
Effective date: 05 November 2014
This document shall govern the terms of the User's Goods ordering from the Sellers' stores within Yandex.Market including, in the cases, described in these “Yandex.Market Terms of Ordering and Payment for Goods”, the procedure for advance payment for the said Goods.
By ordering Goods from the Seller's store within Yandex.Market the User agrees to the requirements and provisions set forth in these "Yandex.Market Terms of Ordering and Payment for Goods".
1. Terms and definitions
1.1. For the purposes of these Terms, the following terms shall have the meaning given below:
Terms — these "Yandex.Market Terms of Ordering and Payment for Goods" published on the Internet at https://yandex.ru/legal/market_purchase_users_terms/
Yandex.Market Service (Service) — all the websites (including but not limited to those published on the Internet at: http://market.yandex.ru; http://market.yandex.ua, http://market.yandex.xx), software applications (including mobile device programs) by Yandex or its Affiliates providing access to the Yandex.Market Database. For the purposes of this document, symbol "xx" used in the domain names specified herein shall mean any top or second-level domain extension in which Yandex administrates a domain with the specified name and provides an opportunity to use an option allowing the Users to order Goods from the Store directly within the Service.
Goods — in this document "Goods" shall mean a product, service, Digital Goods, except so far as otherwise directly appears from the Terms.
Digital goods — intellectual property (e-book, software application, audio book, etc.) operated by the User under a license agreement entered into with the Seller by the Seller’s granting the User a right to operate Digital Goods (a non-exclusive license) under the terms set out in the license agreement published on the Seller's website and/or in the online end user documentation for the Digital Goods.
User (Purchaser) — an individual having legal status and capacity, who is a visitor of the Internet information resources or a software application (including mobile device programs) user, submitting an Order for personal, family, domestic and other needs not related to any business activity.
Authorized user (Authorized Purchaser) – the User (Purchaser), having registered on the Service. Authorization is available for the User (Purchaser) via registration on http://passport.yandex.ru/passport?mode=register, or via social network.
Store (Seller) — an entity with which the User enters into an Agreement when submitting the Order. Data on the Seller shall be available to the User making an Order in the Order form within the "Seller Data" section.
Agreement — sale and purchase agreement/paid services agreement/license agreement entered into between the Store and the User placing the Order.
Product Offering — — offer for the sale of Goods prepared and posted by the Seller in respect of which the User may enter into Agreement with the Seller by placing the Order within the Service.
Order — the User's actions aimed at entering into an Agreement with the Seller by ordering Goods from the Store as well as by advance payment (if the relevant payment method was chosen) directly within the Service.
Yandex — "YANDEX" limited liability company (location: 16, Leo Tolstoy St., Moscow 119021, Russia, OGRN (Primary State Registration Number) 1027700229193).
1.2. The Terms may contain the terms not defined in clause 1.1. hereof. In this case such terms shall be interpreted in accordance with the text of the Terms. In the absence of an unambiguous interpretation in the text of the Terms, such terms shall be primarily interpreted in accordance with the legislation of the Russian Federation, secondly – in accordance with the definition on the Yandex.Market service and the "Help" section at http://help.yandex.xx/market/, and then — in accordance with the definition existing (common) on the Internet.
2. Basic Terms of Ordering and Payment for Goods on Yandex.Market
2.1. Before Purchasing from the Market, the User shall review all the terms of purchasing goods/services provided (prepared and published) by the Seller on the Service. Manifest errors including misprints made by the Seller in the Goods description shall not be legally binding.
2.2. When making an Order, the User shall enter into an Agreement as well as into the direct contractual relationship with the Seller (Store) from which he/she purchases Goods. By placing the Order with the Service, the User agrees to all material terms of sale of Goods/provision of services by the Seller or with all material terms of the License Agreement entered into with the Seller.
2.3. Material terms of the Agreement entered into between the Seller and the User shall be specified in the Goods description provided by the Seller and published on the Service in the Order form.
2.4. By placing the Order, the User agrees that the Seller may assign performance of the Agreement to a third party while remaining liable for its performance.
2.5. For the purposes of the Order, Yandex shall provide the User with information support in relation to the Agreement entered into between the User and the Seller. Yandex shall also be authorized by the Seller to accept funds received from the Authorized user in payment for the Goods under the Agreement.
2.5.1. All the rights and obligations under the Agreement entered into with the User shall be accrued directly to the Seller.
2.6. Yandex shall not provide any paid services within the Service, particularly, if the User places the Order.
2.7. The User hereby agrees that the personal data provided by him/her/it to Yandex while using the Service, particularly, when placing the Order, may be transferred by Yandex to the Seller with which the User enters into the Agreement for the purposes of the Seller's performance of the specified Agreement with the User. The User hereby agrees that Yandex shall be entitled to store the User’s personal data as well as the personal data of the consignee specified by the User within at least three years following the date when the relevant Order was fulfilled by the Seller.
2.8. For the Authorized user the information on the Order placed by the such Authorized user shall be available in "My orders" section of the Service. The Authorized user shall be able to review or cancel the Order within this Service section. Procedure for modifying/cancelling the Order is described at http://help.yandex.ru/market/shops/order.xml.
2.8.1. In case the User is not an Authorized user, for the purpose of cancellation or review of its’ Order such User shall deal directly with the Seller. Notwithstanding the reasons, in no case Yandex shall be liable for the impossibility of cancellation or review of such Order.
2.9. By placing the Order with the Service, the User agrees to receive (i) e-mails sent to the User by Yandex: after processing the Order; in case of changes to the Order; prior to the Goods delivery date, in case of the Order cancellation by the Store, in any other case affecting fulfillment of the Order or timely notification of its status, (ii) SMS to the phone number specified by the User, as well as (iii) phone calls offering to assess the performance of the Service and the Store to the number specified by the User.
2.10. By placing the Order, the User acknowledges that he/she а) has read all the provisions of these Terms, b) understands the provisions hereof as well as the subject and terms of the Agreement entered into with the Seller, c) fully realizes the significance and consequences of his/her/its actions in respect to executing and performing the Agreement with the Seller.
2.12. When placing the Order with the Service, the User shall provide reliable data on himself/herself/itself and the consignee. Failure to comply with the abovementioned obligation on the part of the User who effected advance payment for the Order with the Service shall be considered grounds for Yandex refusal to assist such User in settlement of potential claims against the Seller by engaging the Arbitrator of Yandex.Market Quality Assurance Unit (QAU) under Paragraph 8 hereof.
3. Ordering. Entering into an Agreement with the Seller. Paying for Orders.
Only those Product offerings which are marked by the button "To Cart" or any similar button within the Service shall be available for order. Having reviewed the Product offerings within the Service, the User shall order the Goods following the procedure described at http://help.yandex.ru/market/shops/order.xml, specifying all data required for the performance of the Agreement/Agreements by the Seller/Sellers, including but not limited to: the User personal data, delivery method, shipping address, full name of the consignee, contact details.
3.2. Execution of the Agreement:
3.2.1. Execution of the Agreement in case the User selects "collect on delivery" as a payment method:
If the User selects "collect on delivery" as a method of paying for the Order (clause 184.108.40.206 hereof), the Agreement/Agreements with the Seller/Sellers, executed under the material terms specified in accordance with clause 2.3. hereof shall be deemed entered into when the User clicks the "Submit Order" button in the Order form.
3.2.2. Execution of the Agreement in case the User selects "advance payment" as a payment method: If the User selects "advance payment" as a method of paying for the Order (clause 220.127.116.11 hereof), the Agreement/Agreements with the Seller/Sellers executed under the material terms specified in accordance with clause 2.3. hereof shall be deemed entered into when the User clicks the "Pay" button.
After clicking the "Pay" button, the User shall have two hours to effect the payment: the payment session shall last 20 minutes, and when the specified period expires, the following message shall be displayed: "Payment failed. Try again". If for some reason the payment was not effected within the specified period, the Agreement/Agreements shall be deemed non-executed.
18.104.22.168. Only Authorized user is eligible to choose “advance payment” as payment method.
3.2.4. Mutual obligations of the Seller and the User (Purchaser) related to the Goods transfer, payment for the Goods, provision of a service, granting of rights, other obligations under the Agreement arise when the User performs the actions specified in clauses 3.2.1 or 3.2.2 hereof (unless otherwise provided for in clauses 3.2.1 or 3.2.2 of the Terms).
3.2.5. By performing the actions specified in clauses 3.2.1 or 3.2.2 hereof, the User acknowledges that:
the User has read all the information concerning the Goods/services;
before executing the Agreement, the User has read (including, if necessary, by getting in touch with the Seller or visiting its website) the information concerning: basic consumer properties of the Goods; name of the Seller's store; the Seller's address (location); full company name (name) of the Seller and its working hours; Goods place of manufacture and its manufacturer; Goods price and terms of purchase; period and other terms of Goods delivery, its service life, useful life and warranty period, payment procedure; regulations and terms for efficient and safe operation of Goods; Goods energy efficiency; mandatory compliance certification; a person who will perform the work (provide the service); name of the technical regulations (other designation confirming the Goods conformance to the requirements of the technical regulations), use of audio tracks by the singers/musicians while providing entertainment services.
3.3. Paying for the Order:
3.3.1. The User purchasing from the Market shall be provided with an opportunity to select one of the following methods of payment provided for by the Service:
22.214.171.124. collect on delivery (e.g., in cash or by a bank card)
126.96.36.199. advance payment via the Service (e.g., by a bank card or by any other method offered within the Service).
3.3.2. In some cases only one of the payment methods specified in clauses 188.8.131.52 and 184.108.40.206 may be available to the User (e.g. in case the User orders digital goods which are provided on an intangible medium).
3.3.3. The “advance payment” option, mentioned in the clause 220.127.116.11 hereof is available only for Authorized user.
4. Goods delivery
4.1. The Seller shall be deemed to have fulfilled the obligation to transfer and deliver the Goods after the Goods are received by the User.
4.2. If the Goods are delivered by the Seller using its own resources, the right of ownership as well as the risk of accidental damage and/or loss of the Goods shall be transferred to the User upon actual transfer of the Goods and execution of shipping documents by the User. If the Goods are delivered by a freight forwarder or mail, the right of ownership as well as the risk of accidental damage and/or loss of the Goods shall be transferred to the User upon transfer of the Goods to the freight forwarder or mail agency.
4.3. Appearance, range, amount and completeness of the Goods as well as item list of the entire Order shall be inspected by the User or the consignee upon delivery. Failure of the User or the consignee to comply with the said obligation may serve as grounds for the Seller's refusal to fulfill the User's demands concerning replacement of the substandard Goods if any relevant deficiencies can be identified upon the Goods acceptance by the User or the consignee and may be taken into account by the Arbitrator when delivering a judgment on the User's claim.
4.4. When the User purchases Digital Goods which are provided on an intangible media, the Seller shall be deemed to have performed the Agreement with the User when the User receives an e-version of the Digital Goods or a link for downloading the same, a digital key to the Goods by e-mail or SMS, or after performing any other actions which allow the User to use (get access to) the Digital Goods under the terms of the License Agreement.
5. Changes to Order. Order cancellation by the Seller. Rejection of Goods by the User. Refund in case of Order cancellation or rejection.
5.1. Changes to Order
Notwithstanding the clause 2.8.1 hereof, the possibility to modify the Order is available only for Authorized User in cases and under the procedure provided for at: http://help.yandex.ru/partnermarket/purchase/change-order.xml.
5.2. Order cancellation by the Seller
The Seller may cancel the Order if:
the User fails to pay for the Order (if he/she selects "advance payment" as a method of payment)
the Seller fails to get in touch with the User/consignee using the contact details specified in the Order by the User
the User is not satisfied with the time of delivery (time period)
the User rejects the purchased Goods of proper quality to the extent provided for by the Russian Federation Act "Concerning the Protection of Consumer Rights"
the Seller is unable to perform the Agreement
the User is not satisfied with the Goods quality upon acceptance.
5.3. Rejection of Goods by the User
5.3.1. The User may reject the Goods at any time before their pick-up and within seven (7) days following their transfer to the User, except when the Goods of specific properties may be used exclusively by the User who purchases such Goods (Article 26.1 of the Russian Federation Act "Concerning the Protection of Consumer Rights"). The proper quality Goods may be returned provided that they reserve their marketable condition and consumer properties.
5.3.2. The User shall refuse the Goods before delivery under the following procedure:
If the Order is not transferred for delivery, the User may cancel such Order to the extent and under the procedure described at http://help.yandex.ru/market/shops/order.xml#how-to-cancel.
If the User selects an "advance payment" method, then the User shall use the contact form of the Store available in the "Order History" section to cancel the Order after it was transferred for delivery.
If the User selects "collect on delivery" payment method, then the User shall contact the Store by e-mail or phone to cancel the Order after it has been transferred for delivery.
If the User rejects the Goods which are being shipped (transferred by the Seller to a freight forwarder, sent to the User by mail, etc.), amounts paid by the User under clause 18.104.22.168. hereof shall be subject to refund after such Goods return to the Seller provided that the said Goods reserve their marketable condition and consumer properties.
5.3.3. If the User selects an "advance payment" method, then the User's refusal of the Goods after they have been transferred to him/her shall be effected directly within the relevant Order interface in the course of communication with the Store. In such case the User shall specify the name of the Goods returned, their number, reason for return, any other required data and enclose a copy of the Application for Proper Quality Goods Return.
In such circumstances the Seller shall also be entitled to request from the User the original Proper Quality Goods Rejection Application.
In the abovementioned circumstances, amounts paid by the User for the Goods (net of the cost of delivery and the Seller's expenses incurred to deliver the returned Goods from the User's location) shall be refunded within ten (10) days after the relevant application has been submitted and the Goods have been returned to the Seller, excluding costs of the returned Goods delivery in accordance with Article 26.1 of the Russian Federation Act "Concerning the Protection of Consumer Rights".
If the User selects "collect on delivery" payment method, then he/she shall reject the proper quality Goods after their acceptance by contacting the Seller directly.
5.4. Replacement of proper quality non-food Goods
5.4.1. Non-food Goods of proper quality may be replaced by the Seller (in case the said goods do not comply with the required form, dimensions, design, color, size or component parts) within fourteen (14) days after transfer to the User (excluding the pick-up day). The specified rule shall not apply if the Goods are included in the List of Proper Quality Non-food Goods not subject to return or replacement the same with the similar goods of any other form, dimensions, design, color or component parts (Regulation No. 55 of the Government of the Russian Federation dated January 19, 1998).
5.4.2. Proper quality non-food Goods may be replaced under the User's request submitted via a relevant order interface by placing a relevant application in "My Orders" section with the Service. If the similar Goods are out of stock on the day of the User's relevant request, the Seller shall, under the User's demand, refund the latter all amounts paid for the Goods (net of the cost of delivery and the Seller's expenses incurred to deliver the returned Goods from the User's location) within three (3) days after the said Goods have been returned to the Seller provided that such Goods reserve their marketable condition, consumer properties, seals and factory labels.
The Seller shall be entitled to request from the User the original Application for Goods Replacement (Application for Refund if the similar Goods are out of stock).
5.5. Service Agreement repudiation by the User. License (Sub-License) Agreement termination.
5.5.1. Paid Services Agreement entered into by placing an order with the Service shall be terminated to the extent and under the procedure provided for by the Russian Federation Act "Concerning the Protection of Consumer Rights" and the Civil Code of the Russian Federation.
5.5.2. The License (Sub-License) Agreement entered into by way of placing an order with the Service shall be terminated under the procedure and to the extent provided for by the Civil Code of the Russian Federation.
5.6. If the Seller decides to refund money to the User in respect of the Order paid by the User under clause 22.214.171.124. hereof to the extent provided for in Paragraph 5 of these Terms, Yandex shall transfer the amount refunded by the Seller to the User's account from which such amount was debited in payment for the relevant Order. Otherwise the amount shall be refunded directly by the Seller.
6. Substandard Goods return/replacement
6.1. The User who has purchased substandard Goods (if such deficiency has not been mentioned by the Seller upon sale and the User has not agreed to purchase substandard Goods) shall, at his/her own discretion:
demand free of charge elimination of the Goods deficiencies or refund of expenses incurred by the User to eliminate the same
demand adequate decrease of the Goods purchase price
demand replacement the same with the Goods of the same trademark (model, item) or Goods of another trademark (model, item) and adequate recalculation of the purchase price
be entitled to repudiate the Agreement and demand refund of the amount paid for the Goods. The User shall return the deficient Goods to the Seller under the Seller's request and at the Seller’s expense.
6.2. If the User finds any deficiency in sophisticated Goods, he/she shall be entitled to refuse such Goods and demand refund of the amount paid or replacement the same with the Goods of the same trademark (model, item) or the similar Goods of another trademark (model, item) as well as adequate recalculation of the purchase price within fifteen (15) days after such Goods are transferred to the User. After expiration of the said period the abovementioned demands shall be satisfied if any of the following occurs:
identification of any material deficiency in the Goods
violation of the term set for elimination of the Goods deficiencies by the Russian Federation Act "Concerning the Protection of Consumer Rights"
period of inability to use the Goods exceeds 30 days during each year of the warranty period due to the repeated elimination of different deficiencies in such Goods.
The List of Sophisticated Goods was approved by Regulation No. 924 of the Government of the Russian Federation dated November 10, 2011.
6.3. If the User who selects an advance payment method demands refund of the amount paid for the Goods, such amount shall be refunded as follows:
The Seller shall make a decision to refund the amount under a relevant User's application (provided that the deficient Goods are returned to the Seller). In such application the User shall specify the name of returned Goods, their number, reason for return, other required data and enclose a copy of the Application for Refund.
In such circumstances the Seller shall also be entitled to request from the User the original Application for Refund.
In the abovementioned case the amount paid by the User for the Goods shall be refunded within ten (10) days after the relevant application has been submitted provided that the Goods have been returned to the Seller (in this case the amount shall be refunded at the Seller's expense in accordance with Article 18 of the Russian Federation Act "Concerning the Protection of Consumer Rights").
The provisions of this clause shall apply only to Authorized users.
6.4. If the User selects "collect on delivery" payment method, then the User shall receive refund of the amount paid for the Goods by contacting the Seller directly.
7. Information support of the Users in the course of claim consideration
7.1. Information support in respect of claim consideration shall be provided only for those Users who place orders directly with the Service.
The provisions of the clauses 7.1 - 7.7 hereof shall apply only to Authorized users.
7.3. The User who selects the payment method specified in clause 126.96.36.199 hereof shall be given an opportunity to engage an arbitrator of the Yandex.Market Quality Assurance Unit (QAU) (hereinafter referred to as the Arbitrator) to settle potential claims against the Seller (Paragraph 8 hereof) and shall be given a guarantee of refund of the amount paid for the Goods if the Seller fails to deliver the Goods pre-paid by the User.
7.4. If as a result of engaging the Arbitrator in consideration of disputes between the Seller and the User, the said Arbitrator shall decide that the amount is to be refunded to the User (taking into account potential appeal of the Seller or the User), Yandex shall guarantee that the relevant amount shall be refunded to the User (not exceeding the amount paid by the User directly with the Service) provided that the User returns the Goods to the Seller.
7.5. Yandex shall not indemnify for the losses related to the sale of substandard Goods or services and shall not pay penalties to the User for the Seller's failure to comply with the term set for fulfillment of obligations. The relevant User's demands shall be referred directly to the Seller under the Agreement entered between the Seller and the User. The refund of the amount provided for in clause 7.3 hereof shall be effected by Yandex only if not exceeding the amounts paid by the User.
7.6. Yandex shall provide the User with the opportunity to initiate communication with the Seller within the order interface, lodge claims against the Seller via the same means, engage an Arbitrator to the extent provided for in the Terms within fourteen (14) calendar days following the Goods delivery to the Purchaser (consignee). After expiration of the said period (including the warranty period for the Goods) the User shall contact the Seller directly if he/she is willing to settle the claims or wishes to claim refund of the amounts paid.
7.7. By engaging an Arbitrator in the claim consideration, the User acknowledges and agrees to the procedure and the terms of such claims consideration process described herein and at http://help.yandex.ru/market/shops/buyer-protection.xml.
8. Engaging an Arbitrator in the resolution of disputes between the User and the Seller
8.1. The provisions of the clauses 8.1 – 8.8 hereof shall apply only to Authorized users.
If in the User's opinion the Seller has failed to comply with the terms of the Agreement executed with the User (including violation of the delivery term, transfer of substandard/damaged/incomplete goods, difficulties in the process of the goods replacement/return, low quality services, etc.), the User shall be entitled to settle the dispute in the course of communication with the Seller within the relevant interface of the order placed with the Service.
8.2. One calendar day after the beginning of communication with the Seller within the relevant order interface as well as if the User is not satisfied with the Seller's answer, the User shall have a right to lodge a claim against the Seller. The User and the Seller shall be able to communicate, enclose copies of documents confirming their opinion.
8.3. If three calendar days after the User who has effected prepayment with the Service (clause 188.8.131.52 hereof) lodges a claim and such claim is not settled by the Parties, the User shall be entitled to engage an Arbitrator in the claim consideration within the term provided for in clause 7.6. of the Terms. The User shall engage the Arbitrator by clicking the "Engage Arbitrator" button in the relevant Order interface.
8.4. The Arbitrator's consideration of disputes between the User and the Seller shall not deprive any party of the opportunity to resolve the dispute otherwise as provided for in the legislation.
8.5. If the Arbitrator needs to receive any specific data and/or documents from the User in order to make an award, the User shall provide the Arbitrator with the requested data and documents (e.g., delivery note, consignment note, act of acceptance, list of enclosures, expert opinion, etc.) within three (3) days after the relevant request has been made by the Arbitrator via a relevant order interface. At a reasonable request of the User, the said term may be prolonged for three days. Failure of the User to provide the requested documents to the Arbitrator may be considered grounds for award in favor of the Seller.
8.6. The expected term of the claim consideration by the engaged Arbitrator shall be 10 calendar days. The specified term may be prolonged under the Arbitrator's decision in case the User and/or the Seller has not provided the required documents/information.
8.7. According to the results of the consideration of the claim not settled by the User and the Seller, the Arbitrator shall make an award in favor of the Seller or the User, relying upon the documents and information submitted by the parties in the course of the claim consideration.
8.8. If the User does not accept the Arbitrator's award, he/she may appeal such award via the relevant order interface within one day after the Arbitrator has delivered the judgment. In such case reasoned objections of the User shall be considered by another Arbitrator who shall deliver a final judgment in favor of the Seller or the User.
9.1. The User represents that he is legally capable to act and is of the age established by the legislation of the Russian Federation as an adequate age for making deals provided for herein.
9.2. Yandex shall not be liable for:
9.2.1. temporary failures and interruptions in the operation of the Service and option which allows Users to order Goods from the Store directly with the Service (Option) as well as for the loss of information caused by such failures and interruptions, its safety, accuracy and timeliness of its transmissions and delivery.
9.2.2. Reliability, quality and speed of the Service and Option operation; safety of the information developed, used and received by the User.
9.3. Yandex may at any time amend these Terms without notifying the User; such amendments shall become effective when published. The current (effective) version of these Terms shall be published at: https://yandex.ru/legal/market_purchase_users_terms/.
Previous version of the document: https://yandex.ru/legal/market_purchase_users_terms/14102014/.
Previous version of the document: https://yandex.ru/legal/market_purchase_users_terms/24062014/.