Yandex.Market Terms of Goods ordering
This document shall be valid if published at: https://yandex.ru/legal/market_purchase_users_terms/
Publication date: 01 April 2015
Effective date: 01 April 2015
This document shall govern the terms of the User's Goods ordering from the Sellers' stores within Yandex.Market.
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 Goods ordering".
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 Goods ordering" 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 (including the Seller’s representative – the buyer of Yandex.Market services (according to «Yandex.Market» Service Offer (https://yandex.ru/legal/oferta_market/)) 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 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 (including the Seller’s representative – the buyer of Yandex.Market services) 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.
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 ( (including the Seller’s representative – the buyer of Yandex.Market services with regard to Seller’s store product offerings on Yandex.Market) 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.
3. Ordering. Entering into an Agreement with the Seller.
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. 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.
3.2.4. 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 hereof (unless otherwise provided for in clause 3.3.1 of the Terms).
3.2.5. By performing the actions specified in clauses 3.2.1 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 ordering at Market shall pay to the Seller upon receipt of the goods/services (i.e. by cash or credit card):
4. Changes to Order. Order cancellation by the Seller. Rejection of Goods by the User.
4.1. 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.
4.2. Order cancellation by the Seller
The Seller may cancel the Order if:
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.
4.3. Rejection of Goods by the User
4.3.1. 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.
The User shall contact the Store by e-mail or phone to cancel the Order after it has been transferred for delivery.
5.1. 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.
5.2. Yandex shall not be liable for:
5.2.1. 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.
5.2.2. Reliability, quality and speed of the Service and Option operation; safety of the information developed, used and received by the User.
5.3. 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/05112014/.
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/.