Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad

(for crossborder trade)

This is an old version of the document, which expired on September 09, 2024. The current version is available at: https://yandex.ru/legal/marketplace_crossboard_terms_eng.

Russian Federation, Moscow

Publication Date: 07.08.2024

Effective Date: 07.08.2024

This document “Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad for Customers placing offers for Products from abroad (further - Yandex Market Marketplace Service Terms and Conditions) is an integral part of the Agreement for Product Offer Placement and Provision of the Contract Execution and/or Pre-booking Service Functionality for Goods supplied from abroad available at: https://yandex.ru/legal/market_agreement_crossborder (English version https://yandex.ru/legal/market_agreement_crossborder_eng), and is not to be applied separately from the said agreement.

The document is compiled in Russian and English. In case of discrepancies, the text in Russian shall prevail.

Content:

Schedule 1 Services on Product Offer placement and provision to the Customer with the functionality enabling the User to execute a SPA for the Customer’s Products represented on the Service

Schedule 1.1 Services on Delivering the Goods to Consumers

Schedule 2 General conditions for the provision of Services on Delivering

Schedule 3. Delivery Services (Sales and Fulfillment Services for Stores - FBS model)

Schedule 3.1 List of Goods not Accepted for Delivery

Schedule 3.2 Consignment Delivery and Acceptance Certificate

Schedule 3.3 Consignment Return Certificate

Schedule 4 Procedure Governing Payment for Goods by Consumers

Schedule 4.1 Refund. Consumer Claims and Arbitration

Schedule 4.2 Procedure for Payment in Installments for Users

Schedule 5 Procedure for and Conditions of Returning Goods Purchased on the Service by the Consumer (delivery services) (Schedule 3 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad)

6 Customer's Goods Disposal

Schedule 1

Services on Product Offer placement and provision to the Customer with the functionality enabling the User to execute a Sale and Purchase Agreement (SPA) for the Customer’s Goods represented on the Service.

1. Terms and Conditions

1.1 The Services hereunder are rendered in respect of the Goods stored in the Customer’s warehouse and/or store in accordance with the procedure and under the terms and conditions stipulated in Schedule 3 of the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad.

1.2. Via the Yandex Market Marketplace Users may order delivery of the goods offered by the customers in the respective Product Offers from the Contractor. Users are given the opportunity to execute the Sale and Purchase Agreement (SPA) for the respective Goods of the Customer by placing an order (hereinafter referred to as the “Order”) on the Service.

1.3 The Product Offers to be displayed on the Service are selected in accordance with the relevancy criteria set by the Contractor.

1.4 The Customer's Product Offers may be displayed on the Yandex Market Service at the display locations determined by the Contractor at its own discretion and/or specified in the Yandex Market General Terms and Conditions of Service availalble at: https://yandex.ru/legal/market_general.

1.5 When the Customer's Product Offers are placed on the Service, Users are given the opportunity to order Goods (in particular, order goods from different customers simultaneously) and pay for them directly via the Service or upon receipt.

1.6 Delivery of the Goods ordered by the User on the Service is organized and carried out by the Contractor on its own behalf. In this case, the Contractor shall be responsible to the User for proper performance of obligations to organize delivery of the Customer's Goods within the framework of the SPA for the Goods executed by and between the User and the Customer on the Service, unless otherwise specified in the Agreement and any Schedules thereto.

1.7.Information about the Customer shall be provided to the Consumer when placing an Order on the Service, and sent to the User in a message confirming that the Order under which the User acquires the Customer's Goods was placed on the Service.

1.8 The Customer shall transfer data on the Product Offers to be placed on the Service pursuant to the procedure and in compliance with the requirements specified in the following documents: Requirements to the Product Offers, Format and Method of Data Transfer available at https://yandex.ru/legal/marketplace_offer_requirements, Requirements to the Goods Image available at: https://yandex.ru/support/marketplace/assortment/fields/images.html#main. If the Product Offer does not conform to the specified requirements, it may not be available on the Service.

The Customer shall grant to the Contractor, on a gratuitous basis, a non-exclusive license to use the Content transferred by the Customer to the Contractor worldwide during the entire term of validity of the exclusive right to the Content (or in case of termination or cancellation of the Agreement - until the Contractor receives a notice of revocation of the license from the Customer) as follows: reproduce the Content in the computer memory; distribute the Content; carry out processing; make the Content available to the public; provision of information about the Content to the public; provision of information about the Content to the Customer; provision of information about the Content to the public; sub-license the right to use the Content to third parties; use of the Content for advertising purposes in accordance with clause 1.8.1. of this Schedule.

1.8.1. The Customer shall authorize use of the Content in accordance with Clause 1.8 hereof for advertising purposes, in particular inclusion of the Content in the promotional materials aimed at promotion of the Contractor's services and products, inter alia, by way of inclusion thereof in a complex or composite work. Subsequently, the promotional materials containing the Content may be used as follows: reproduced, distributed, made known to the public, publicly displayed, publicly performed, transmitted via cable or broadcasted.

1.8.2 If the Personal Account used by the Customer under the Agreement is accessed simultaneously by any other person(s) for the purpose of receiving services under this Agreement and/or under the Yandex.Market Service Offer (https://yandex.ru/legal/oferta_market), the Customer shall be entitled to use on the Service the Materials and Content posted by such person(s) under the said Offer and Agreement under the terms of a non-exclusive license, worldwide, during the entire period of validity of the exclusive right to the Content, in any manner.

The right to use the Materials specified in this Clause shall be granted to the Customer by the Contractor when the Customer gets to use the Materials and Content in the Personal Account under the sub-license in accordance with sub-clause 4.3.14 of the Yandex.Market Service Offer (https://yandex.ru/legal/oferta_market) and Clause 1.8 of Schedule 1, Clause 1.13 of Schedule 5, Clause 1.8 of Schedule 6 to the Yandex Market Service Terms and Conditions (https://yandex.ru/legal/cpa_service_agreement), exclusively for use within the Service for the purpose of drawing up and editing of the Product Pages, Content of the Customer.

For the purposes of this Clause, the term “Materials” shall have the meaning assigned thereto in the Yandex.Market Service Offer available at: https://yandex.ru/legal/oferta_market, and the term “Content” shall have the meaning assigned thereto in the Agreement, unless the context otherwise requires.

1.9 Placing of the Product Offers and information about the Customer on the Service may be governed by separate conditions, rules and restrictions on placement and display of the Product Offers and information about the Customer available at: https://yandex.ru/support/marketplace.

The Customer shall comply with the specified rules and restrictions. The Contractor shall be entitled to unilaterally change the terms, rules and restrictions on the placement of the Product Offers on the Service without notice to the Customer.

1.10. The Parties shall interact under this Schedule via the Personal Account.

1.11. The Customer may be given an opportunity to generate Product Pages on its own using the Personal Account, in particular upload content to the Service and form description of the Goods, as well as add other necessary information. Such Product Pages shall be generated in accordance with the rules and restrictions available in the “Help” section at https://yandex.ru/support/marketplace/add-items/requirements.html. At the same time, the Customer shall not be entitled to generate Product Pages identical to those already available on the Service. In case of detection of the Product Pages created by the Customer that are identical to those already available on the Service, the Contractor shall have the right to remove such Product Pages or combine them with the previously placed Product Pages, at its own discretion

2. Cost of Services

2.1 The cost of the services provided for in this Schedule shall be calculated in Russian rubles as a percentage of the total cost of the Customer's Goods in each Order placed by the User on the Service. The cost of services includes Russian VAT at a rate of 20%.

2.2 The cost of services under this Schedule shall be calculated as follows and pursuant to the following procedure:

2.2.1 The percentage rate applied to the Goods of the corresponding category within the FBS model according to the table available at https://yandex.ru/legal/marketplace_services_rate_table shall be multiplied by the cost of the relevant Customer's Goods specified in the Order, including all applicable taxes (the result is to be rounded to whole value in kopecks in accordance with the rules of arithmetic). If the Order contains Customer's Goods belonging to one and the same item name, the total cost of the Customer's Goods of one item name contained in the Order shall be expressed in round numbers and included in the calculation according to sub-clause 2.2.2.

2.2 The cost of services rendered under this Schedule shall be charged (accrued) for each Order placed on the Service at the moment of transfer of an item of the Goods (Goods) to the Consumer and/or assigning the Order the following status: “Delivered” (“Transferred to the Consumer”). The status of the Order which contains the Customer's Goods is available in the detailed report on the statistics via the Personal Account. Unless otherwise specified in sub-clause 2.2.1 of this Schedule, if the Consumer has not received one or more of the Customer's Goods upon receipt (i.e. such Goods have not been transferred to the Consumer), the cost of such Goods (which have not been received by the Consumer) shall not be taken into account when calculating the cost of Services under this Schedule.

2.2.1 In this case, if the Consumer refuses to accept the Customer's Goods for reasons related to improper quality of the Goods or unreliable information about the Goods provided by the Customer, the cost of services rendered under this Schedule for the respective Order placed on the Service with respect to such Goods shall be charged (accrued) at the end of the Reporting Period during which the above event occurred, regardless of whether the Order was marked as “Delivered” (“Transferred to the Consumer”).

2.3 If the Customer orders the services of providing a unique link to the Customer’s page on Yandex Market for external advertising, the cost of placing the Customer's Product Offers and providing the Customer with the functionality allowing the User to execute the SPA for the Customer's Goods on the Service is not charged separately and is included in the cost of services for placing product offers. The cost of services includes VAT at the rate established by the effective laws of the Russian Federation.

Schedule 1.1

Services on Delivering the Goods to Consumers

1. The Services hereunder shall be rendered in respect of the Goods stored at the Customer’s warehouse and/or store pursuant to the procedure and under the terms and conditions stipulated in Schedule 3 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad.

2. Services on delivery of Goods shall be rendered are provided along the entire route of the Consignment, starting from the place of shipment, where the Customer handed over the Goods for delivery and ending with the delivery of the Goods to the Consumer’s city/town/locality, located within the borders of the Russian Federation

3. The cost of delivery of the Goods to Consumers under the Agreement and Schedule 3 (FBS model) to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad shall be calculated in accordance with the calculated in accordance with the tariffs indicated for the following countries of shipment of Orders:

3.1 If the Consumer rejects the Goods prior to receipt thereof, does not receive the Goods and/or cancels the Order through the Customer's fault, the Contractor shall be entitled to charge and demand payment of the cost of delivery of the Goods to the Consumers in accordance with the tariffs specified in Section 3 of the present Schedule.

4. The cost of services rendered under this Schedule in respect of each item of the Goods in the Order placed on the Service shall be accrued at the moment of transfer of an item of the Good (Goods) to the Consumer and/or at assignment to the Order of the following status: “Delivered” (“Transferred to the Consumer”). The status of the Order that contains the Customer's Goods shall be available in the detailed report on the statistics via the Personal Account.

4.1. In this case, if the Consumer refuses to accept the Customer's Goods for reasons related to the improper quality of the Goods or unreliable information about the Goods provided by the Customer, the Contractor shall be entitled to charge and demand payment of the cost of services rendered under this Schedule within the scope of the relevant Order placed on the Service in relation to these Goods at the end of the Reporting Period during which the above event occurred, regardless of whether the Order was marked as “Delivered to the Consumer” or not.

5. If the Product Offer is generated by the Customer in quanta, the cost of the service in accordance with this Clause shall be charged from the Customer per each separate quantum.

Schedule 2 General conditions for the provision of Services on Delivering

1. Delivery services are provided for Goods delivered under FBS model and located outside the territory of the Russian Federation at the time of placing the Order.

2. With regard to delivery services, depending on the selected warehouse/sorting facility which carries out the first shipment of the Goods different restrictions may apply on the list and the size of Goods that can be accepted for the provision of delivery services. Specific restrictions can be found on the relevant pages for each country:

Schedule 3 Sales and Fulfillment Services for Stores - FBS model

“Delivery Services”

1. Terms and Conditions of Services

1.1 The Contractor shall provide the Customer with the following set of services (“Delivery Services”):

1.1.1. Organization of receipt (pick-up) of Consignments

1.1.2. Organization of delivery of Consignments

1.1.3. Organization of return of Consignments/partial return of Consignments

1.1.4. Tracking down the Consignments in case of their loss after they have been handed over for delivery to the Consumer

1.1.5. Provision of materials for placement of the Barcode and packing the Consignments

1.1.6. Storage of the returned Consignments at the sorting facility and/or Pick-up Point if provided for by the terms and conditions of this Schedule.

1.2 The Request for the Services provided for in sub-clauses 1.1.1.1 and 1.1.5 of this Schedule with respect to the relevant Consignments shall be deemed to be automatically drawn up at the moment when the User places an Order containing the Customer's Goods on the Service (i.e. at the moment when the Consumer enters into a SPA with the Customer on the Service). Request received in this way shall have full force and effect and shall be treated as having been submitted in writing. Information connected with the Requests for the Services shall be transferred by the Parties by means of electronic exchange, including API.

1.3 The Customer shall fill in the forms of documents/tables placed in the Customer's Personal Account which define the characteristics of the Consignments, as well as other data relevant for rendering services by the Contractor under the Agreement and/or shall transfer the specified information to the Contractor by means of the Personal Account, including API.

1.4 The Parties have agreed that the Consignments shall be handed over by the Customer directly to the carrier specified by the Contractor.

1.5. The Contractor shall:

1.5.1. Provide Services in accordance with the Request agreed upon by the Parties pursuant to the procedure provided in this Schedule;

1.5.2. Take all possible measures to ensure safety of the transferred Consignments

1.5.3. Accept Consignments, inspect integrity of the Consignment packaging and availability of the necessary shipping documents

1.5.4. Notify the Customer of damage to, destruction or shortage of the Consignments during delivery to the Consumer

1.5.5. Transfer to the Customer materials for placing the Barcode and packing the Consignments pursuant to the procedure agreed upon by the Parties.

1.6 The Customer shall:

1.6.1. Perform compiling and picking of the Consignments according to the Orders placed on the Service by the respective Users in accordance with the requirements of this Schedule;

1.6.2. Ensure that the Consignments are ready to be handed over to the carrier for further delivery to the Consumer within the term agreed upon by the Parties via e-mail and/or Personal Account, ensure unloading of the Goods to the Carrier/sorting facility in accordance with the schedule agreed in the Personal Account (in case of failure to comply with the said schedule, the Goods may be rejected);

1.6.3 Perform packing/re-packing, place the Barcode on the Consignment in case of receiving a notice from the Contractor in accordance with sub-clause 1.5.4. of this Schedule;

1.6.4. Transfer the Consignments to the Carrier;

1.6.5. Accept Consignments from the carrier in accordance with the form of the Consignment Return Certificate set out in Schedule 3.3 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad;

1.6.6. Provide the Contractor with information about the Goods (about the number of stock units and condition, status) available at the Warehouse and/or at the Customer's store via the Personal Account;

1.6.7. In real-time mode maintain relevance of the information on the range, retail prices and other information about the Goods posted on the Service provided by the legislation on consumer right protection of the Russian Federation, and timely update the said information;

1.6.8. Ensure that the Consignments are marked with a Barcode, as well as other information necessary for delivery of the Consignment to the Consumer in accordance with the requirements set forth in this Schedule;

1.6.9 Provide the Contractor with information on the nature of the Goods in the Consignment, their properties, the procedure of handling thereof, precautions, conditions of transportation and storage of the Consignments;

1.6.10. Unload the Consignments int the Carrier's warehouse/sorting facilities;

1.6.11. The Customer shall not submit for shipment any Consignments containing Goods prohibited for shipment by the applicable laws of the Russian Federation, including, but not limited to, those listed in Schedule 3.1 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad.

1.6.12. The Contractor shall have the right to restrict display of the Product Offers, suspend provision of Services and/or terminate this Agreement with the Customer on a unilateral basis in the following cases (this list is not exhaustive):

1.6.12.1 If the Contractor concludes that there are sufficient grounds to apply appropriate measures based on the results of the Contractor's inspection held in connection with the negative feedback/negative comments about the Customer contained, inter alia:

in the User/Consumer feedback;
in the feedback forms on the Help pages;
in the Users’/Consumers' responses to the system notifications from the Service;
in the Users' requests to the Help Desk provided by means of letters and/or phone calls.

1.6.12.2 In case of significant violation of process of determining statuses of the respective Orders as provided for at the following link: 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 change of the price of the Goods both upward and downward

1.6.12.4. If the Partner's quality index does not meet the requirements specified at https://yandex.ru/support/marketplace/delivered-by-marketplace/quality-score.html, or if the total number of Orders is insufficient to calculate the Partner's quality index.

1.6.12.5. If the methods described in the section describing connection to the program interface of Yandex Market Marketplace (https://yandex.ru/dev/market/partner-marketplace-cd/doc/dg/concepts/about-docpage) operate incorrectly and cause unstable operation of the API on the part of the Customer, the Contractor shall have the right to terminate or suspend the Customer's access to the Service or its individual functions, at its sole discretion, using the relevant account, without notice and without giving any reasons, in particular, in case the Customer violates the requirements of these Terms and Conditions.

1.16.13. Be responsible for ensuring proper conditions for the import and sale of goods in the Russian Federation and compliance with the requirements of the legislation of the Russian Federation on taxes and fees and on customs regulation, including payment of applicable customs duties, taxes and fees payable in connection with the sale of Products to Consumers (Users). If Customer’s violation of this obligation has caused the claims, suits against the Contractor and/or demands from government agencies and/or third parties for payment of applicable customs duties, taxes and duties the Customer undertakes to immediately, upon the Contractor’s request, provide Contractor with all the requested information (documents), regarding the relevant Order and the Products, services, sold Products of digital content, and assist the Contractor in resolving such claims and suits, as well as compensate the Contractor for any losses (including legal costs, costs of paying additional charges and fines) caused to the Contractor as a result of such claims, claims, suits, demands in connection with the violation of the rights of third parties and/or of the current legislation of the Russian Federation.

1.7. If the Customer fails to comply with the obligations stipulated in Clause 1.6 of this Schedule, the Contractor shall not be liable for loss of, damage to the Consignments, failure to meet the deadlines set for the Orders.

1.8 The Customer also undertakes to provide the Contractor with the following information via the Personal Account when concluding this Agreement:

Full postal address, including postal/ZIP code, name of the organization, full name, telephone number and e-mail address of the contact person to be used when the returned consignments are sent by the Consumer.
And the Customer may also provide the telephone number and e-mail address of a contact person to enable the Consumer to send the returned consignment by courier service.

In case of changes in the above data, the Customer shall make, on its own, the relevant changes via the Personal Account within two (2) business days from the date of change. If the Customer violates the obligations set forth in this Clause, the Contractor shall not be liable for violations of the Consumer's rights related to incorrect shipment and/or loss of returned Consignments.

In case of inaccuracy of the provided data or non-compliance with the provisions of this Clause, the decision on refund to the Consumer shall be made by the Contractor at its sole discretion being guided by the Law of the Russian Federation On the Protection of Consumer Rights, and the Customer shall not be entitled to appeal against such decision.

1.9. The Customer guarantees that it doesn’t transfer the goods subject to mandatory marking to the sorting facility, the Contractor's Warehouse and/or delivery service, the Customer undertakes to transfer the goods that were moved across the border of the Russian Federation as goods for personal use of the Consumer (User).

2. Cost of Services

2.1 The cost of the Services provided by the Contractor for processing Parcels at the Sorting Center is included in the delivery cost specified in clause 3 of Schedules1.1 of these Terms.

2.2. If the Consumer returns the Goods to the sorting facility/Pick-up Point/return warehouse in cases provided for by the Law of the Russian Federation On the Protection of Consumer Rights, storage of each such Order for the first 60 days after its arrival at the sorting facility/Pick-up Point/return warehouse shall be included in the delivery cost specified in clause 3 of Schedules1.1 of these Terms.

In the case stipulated in sub-clause 2.2. hereof the cost of delivery of the Order from the Consumer to the sorting facility/Pick-up Point/return warehouse shall not be charged separately and shall be included in the delivery cost specified in clause 3 of Schedules1.1 of these Terms.

In the case provided for in Clause 2.2. of this Schedule the cost of handling the Order at the sorting facility/Pick-up Point/return warehouse shall not be charged separately and shall be included in the delivery cost specified in clause 3 of Schedules1.1 of these Terms.

2.3 The Contractor shall have the right to change the tariffs specified in Section 2 of this Schedule on a unilateral basis with a notice to the Customer thereof not later than ten (10) calendar days prior to the date of such change. The notice shall be sent by the Contractor to the Customer to the e-mail address specified in the Application (Clause 2.3 of the Agreement) or in the Personal Account. New tariffs shall come into force from the date of their publication at https://yandex.ru/legal/marketplace_crossboard_terms and shall apply to all Requests for delivery issued after the new prices are posted at the following link https://yandex.ru/legal/marketplace_crossboard_terms. At the same time, the cost of Services under the Requests approved by the Parties before the new prices come into effect shall not be subject to change (unless other conditions of the new prices coming into effect will be additionally established by the Contractor when posting the data on the changes at https://yandex.ru/legal/marketplace_crossboard_terms).

2.4 If the Customer does not agree with the new prices specified at https://yandex.ru/legal/marketplace_crossboard_terms, it shall have the right to terminate this Agreement, notifying the Contractor thereof within the term specified in Clause 9.4 of the Agreement, by sending the notice to the e-mail address merchant@market.yandex.ru or to the Contractor's manager specified in the Personal Account from the Customer's e-mail address specified in the Personal Account. In this case the Agreement shall be considered terminated within the term specified in Clause 9.4 of the Agreement.

2.5 If technically possible the Request for return of the Goods shall be placed by the Customer in the Personal Account. The engaged Deliverer, who imported the Consignments into the territory of Russia, shall remove the Goods covered by the Request for return from the Warehouse and/or sorting facility specified which was in the Personal Account when generating a report on those orders that have not been purchased and the Customer shall compensate the Supplier's costs for re-export and return delivery of Consignments to the Customer. The full List of Warehouses and Warehouse Operators is available at https://yandex.ru/legal/marketplace_services_warehouses, unless otherwise provided for by the terms of the Agreement, functionalities of the Personal Account and/or additionally agreed upon by the Parties.

2.6. For the purposes of rendering services under this Agreement the Contractor shall have the right, at its own discretion, at any time and at its own expense, without the Customer's consent, move the Goods between Warehouses and/or sorting facilities not provided for by this Agreement. Information on the movement of Goods between warehouses shall be available to the Customer in the Personal Account.

2.7 The Goods shall be released from storage by the Deliverer to the Customer or a third party on the basis of the Request for release of the Goods containing the Goods at the Warehouse subject to the provisions of Clause 2.5 of Schedule 3 to the Agreement. The Goods shall be packed in packaging appropriate to the nature of the Goods and transportation conditions. If the returned Goods are packed on pallets or in sealed boxes, the recipient of the Goods shall accept the Goods according to the number of cargo packages without opening packaging and inspecting the relevant Goods.

2.8 The Request for return shall be drawn up by the Customer by selecting the appropriate available date and time in the calendar in the Customer's Personal Account.

2.9. If the Request for return of the Goods cannot be fulfilled by the Contractor/ Deliverer at the Warehouse and/or sorting facility chosen by the Customer, the Contractor shall notify the Customer thereof via the Personal Account, indicating the sequence of further actions of the Customer required to perform the return.

2.10. The Request for return shall be submitted at least twenty (20) business days prior to the expected date of return of the Goods to the Customer at the Warehouse and/or sorting facility.

2.11. The Goods accepted by the Contractor for storage according to Clause 2.2 shall be released (returned) to the Customer on the basis of the Delivery and Acceptance Certificate.

2.12.1 The Goods accepted by the Contractor for storage shall be released (returned) to the Customer or a third party, and the orders that have not been purchased shall be released (returned) to the Customer's representative, that has: the original Power of Attorney authorizing such person to receive the Goods or a copy thereof; the original document certifying the identity of the Customer's representative; and in case the Customer does not use a seal – a copy of the letter confirming that the Customer operates without a seal shall be submitted.

3. integration. Test Order. Access to the Service.

3.1 Within 10 business days from the date of execution of the Agreement, the Customer shall make the necessary initial settings in the Personal Account in accordance with the terms and conditions specified at https://tech.yandex.ru/market/partner-marketplace-cd/doc/dg/concepts/about-docpage.

3.2 In addition to the conditions specified in Clause 3.1 Terms and Conditions, for the purposes of interaction with the Service, the Customer shall perform integration via the API of the Service in accordance with the rules listed at https://tech.yandex.ru/market/partner-marketplace-cd/doc/dg/concepts/about-docpage.

3.3 Test Orders.

3.3.1 After the Customer meets the conditions specified in Clauses 3.1. and 3.2. of this Schedule, the Customer may generate test orders via the Personal Account on “Test Orders” page and monitor the correctness of processing the Orders by simulating typical user scenarios (via API, or via the Personal Account) in accordance with the terms and conditions available at https://yandex.ru/support/marketplace. The cost of services within the framework of test orders shall not be charged.

4. Procedure for Acceptance and Return of Consignments

4.1 The carrier/ sorting facilities shall receive the Consignments on a daily basis in accordance with the time interval agreed upon by the Parties via e-mail and/or Personal Account. In case of absence of the Request for services submitted in accordance with Clause 1.2. of the Schedule, the Contractor shall not organize the carrier's arrival at the Customer's sorting facilities to receive the Consignment.

4.2 The Contractor shall ensure acceptance of Consignments by the Carrier in accordance with the Request at the address and within the time interval agreed upon by the Parties via e-mail and/or Personal Account.

4.3 The Customer shall ensure transfer of the Consignments, namely: unloading of the Consignments at the Carrier's warehouse. If the place of receipt of the Consignments is located in a paid parking lot, the Customer shall bear the costs related to the parking of the vehicle.

4.4 The Customer shall arrive to unload the Consignments at the agreed time. The Customer shall, if necessary, notify the Carrier of arrival.

4.5 If the Consignment wasn’t transferred to the carrier within the agreed time interval due to reasons beyond the Customer's control, the deadline for transfer of the Consignment may be extended as agreed by the Parties, or the Contractor may cancel the Order.

4.6 Where applicable, the Customer shall enclose in the package containing the Consignment handed over to the carrier a warranty card, service manual, as well as other documentation that must be handed over to the Consumer upon delivery of the Goods in accordance with the consumer right protection legislation.

4.7 The Consignment shall be received by the carrier exclusively from the Customer specified in the Request. The Carrier specified by the Contractor in the Customer's Personal Office and/or in the notice sent by e-mail to the Customer’s e-mail address shall be a duly authorized representative of the Contractor authorized to accept Consignments under the Agreement and sign documents concerning acceptance of the Consignments.

4.8. In accordance with the terms and conditions of this Schedule Consignments shall be accepted being guided by the total number of cargo packages of Consignments or pallets pursuant to the following procedure*:

*When the Consignments are delivered to the sorting facility/ to the Carrier the Consignments will be accepted by pallets or by orders of Consumers. Upon delivery of Consignments, the Customer may prepare an Acceptance Certificate in two copies in the form established in Appendix No. 3.2 of Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad.

In case the Customer fails to provide the Acceptance Certificate when transferring the Consignments, the Parties are guided by the documentation about the Consignments generated by the Carrier and the Customer agrees that this information from the Carrier is correct.

4.8.1 Acceptance in terms of the total number of cargo packages of Consignments:

shall be performed without inventory count of the Goods in the Consignments and shall be performed on the basis of the delivery and acceptance documents prepared by the Customer in accordance with the form specified in Schedule 3.2. to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad or according to the documentation and information drawn up by the Carrier independently after receiving the Consignments. If the Customer provides the Delivery and Acceptance Certificate upon acceptance of the Consignments to confirm acceptance of the Consignments the Carrier shall sign and stamp the Delivery and Acceptance Certificate drawn up by the Customer and containing the following information: the name of the Carrier, of the Customer; the date of receipt of the Consignment; the number of cargo packages in the Consignment; the Declared Value of the Consignment; the number of the Consignment, as well as other information agreed upon by the Parties. One copy (for the Customer) of the Delivery and Acceptance Certificate confirming receipt of the Consignment by the Carrier signed by the Carrier, shall be kept by the Customer, one copy of the Delivery and Acceptance Certificate (for the Contractor) shall be kept by the Carrier. The mentioned Delivery and Acceptance Certificate shall be executed by the Customer in two copies. The actual number of the received cargo packages or the number of the Consignments shall be recorded in the delivery and acceptance documents (in the signed Delivery and Acceptance Certificate or based on information and documentation from the Carrier confirming the acceptance of the Consignments). If there is a signed Delivery and Acceptance Certificate and the Carrier's documentation for the same shipment, in case of discrepancies between these documents, the wording of Delivery and Acceptance Certificate shall prevail. In the absence of the Delivery and Acceptance Certificate when accepting the Consignments, the Customer agrees that the Carrier’s documentation confirming receipt of the Consignment is true and accurate.

4.8.2 In case the Consignments are delivered, the Contractor shall be entitled to accept the Consignments in terms of the total number of cargo packages in the Consignments, including those placed on pallets, on the basis of the Electronic Delivery and Acceptance Certificates (EDAC) by signing them using a simple electronic signature (SES) pursuant to the procedure stipulated in Clause 4.19 of this Schedule.

In order to draw up the EDAC for the Consignments, the Customer shall apply the relevant settings in the Personal Account. The Customer may receive a hard copy of such document in pdf format via the Personal Account.

The Customer shall review the EDAC for the Consignments and, by signing the EDAC for the Consignments using SES, confirms that the list of Consignments in the EDAC corresponds to the list of Consignments specified by the Customer in the Request.

To confirm acceptance of Consignments, the Contractor shall also sign the EDAC using SES. If during acceptance of Consignments at the Contractor's Warehouse the Contractor detects any discrepancies in terms of quantity of the Consignments, as well as in case of absence of the Consignment label, damage to packaging, detection of any other discrepancies, the Contractor shall draw up a unilateral Report on Discrepancies available to the Customer in the Personal Account. The Contractor shall also send the Customer information about the detected discrepancies in the form of an e-mail. Such information shall be accepted by the Customer unconditionally as a duly executed document confirming discrepancies in terms of quantity and quality of the Consignments detected by the Contractor.

4.9 When receiving the Consignments, the carrier's employee authorized to receive the Consignment shall present to the Customer a copy of the Power of Attorney confirming his/her right to receive the Consignment on behalf of the carrier, as well as his/her ID papers. The Customer shall verify these documents and make sure that the carrier's employee is authorized to perform the relevant actions. Otherwise, the Customer shall bear all risks related to transfer of the Consignment to an unauthorized person.

4.10. At receipt of the Consignment (or pallets) the carrier shall have the right to perform a preliminary check of the Consignment's (or pallets') package/barcode conformance to the requirements set forth in this Schedule, and refuse to accept the Consignment (or pallets) if the package/barcode does not conform to the specified requirements, which shall be recorded in the Delivery and Acceptance Certificate for the Consignment (or cargo packages (pallets)) signed by the Carrier and the Customer. In the absence of the Delivery and Acceptance Certificate for the Consignment prepared by the Customer, the Carrier is not obliged to provide documentary evidence that the Consignment has not been accepted.

4.11. The Customer transferring the Consignments to the carrier shall present to the carrier the following documents:

ID papers.

4.12. When receiving the Consignments, the carrier shall perform the following actions:

Accept Consignments in terms of the number of Consignments or pallets in accordance with the delivery and acceptance documents
Inspect the Consignments (or pallets) for the signs of visible damage to the packaging
Check whether the Consignments (or pallets) have the required Barcode or not
Check compliance with the packaging rules to ensure that the Consignments are protected from damage and deterioration.

4.13. Visible damage to the packaging and discrepancies in the number of Consignments (or pallets) shall be recorded in the information about the receiving the Consignments or if the Customer provides the Delivery and Acceptance Certificate - in the transfer document on the basis of which the Consignments are received.

4.14. When accepting Consignments, the carrier shall under no circumstances open the packaging of the Consignments (or pallets), check the quality, serviceability and quantity of the Goods in the Consignment, the number of Consignments placed on pallets, but shall only inspect packaging of the Consignment (or pallets) in terms of its integrity and absence of visible damage.

4.15. The Contractor/carrier shall bear the risks of accidental loss of and/or damage to the Goods in the Consignments from the moment of receipt thereof from the Customer provided that the Customer complies with the conditions of proper packing of the Consignments.

4.16. The list of Goods not accepted for delivery is specified in Schedule 3.1 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad. If in the process of rendering the Services the Contractor/carrier determines that the Goods in the Consignment are mentioned in the above list, the Contractor/carrier shall notify the Customer thereof and shall have the right to refuse to accept such Consignment and not to deliver it to the Consumer.

4.17. When transferring the Consignments, the Customer shall provide the Contractor/carrier with the necessary complete and reliable information about the nature of the Goods in the Consignment, their properties, as well as about the procedure of handling such Goods, relevant precautions and storage conditions.

4.18. If the Customer violates any provisions governing the procedure for acceptance of Consignments hereunder, the Contractor/carrier shall be entitled to refuse to accept the Consignments. All expenses incurred by the Contractor due to the Customer's breach of these terms and conditions, including claims of Consumers, shall be reimbursed by the Customer within three days from the date of the relevant Contractor's claim.

4.19. Procedure for Using the SES and signing the EDAC:

4.19.1. The Customer shall provide the Contractor via the Personal Account with the information on the person authorized by the Customer to sign documents according to Clause 4.19. which allows to reliably identify the identity of such representative. The Customer shall be solely liable for ensuring confidential access of such authorized representative to the functionality of the Personal Account which allows signing documents, as well as confidentiality of the SES identifier and its protection from unauthorized access and use by third parties.

4.19.2 The Contractor shall not be liable for possible losses incurred by the Customer due to the Customer's breach of confidentiality of the SES identifier and unauthorized access thereto by third parties. If the Customer failed to notify the Contractor about breach of confidentiality of the SES identifier and unauthorized access to it by third parties, the electronic documents signed using the Customer's SES identifier shall be considered signed by the Customer.

4.19.3. The Customer's encrypted signature consists of the date and time of signing, as well as a combination of unique numeric, alphabetic, symbol or mixed codes formed from the SES identifier (Customer's login) and data on the Customer (name, INN (Taxpayer Identification Number) and full name of the Customer's authorized representative).

4.19.4 The procedure for signing the EDAC: at transfer of Consignments to the Contractor, the Customer shall log in the Personal Account using the SES identifier, check the information in the EDAC, including the information on the Consignments to be shipped, and, if the information contains no errors, it shall click the “Complete” (“Sign”, “Agree”, “Confirm” or other similar in meaning) button, thereby confirming that the Customer read and agrees with the EDAC.

After activation of the specified button the EDAC shall be considered to be signed using the Customer's SES, and such fact shall be documented by a record in the system log (Contractor's database) containing data on the time of the relevant action. The EDAC will display an encrypted record allowing to identify the Customer and its authorized representative. The Contractor's SES shall displayed in the same way.

4.19.5. The Parties acknowledge that the electronic documents signed using the SES identifier via the Personal Account and upon activation of hypertext elements shall be deemed signed by the Parties and shall have equal legal effect as the documents drawn up on paper and signed by handwritten signature.

5. Procedure for Packing and Placing the Barcode on Consignments

5.1 Consignments shall be packed prior to the arrival of the delivery service and shall be packed in packaging appropriate to the nature of the Goods, conditions of transportation, delivery and route duration, and excluding the possibility of damage to the Goods under normal conditions of handling, transportation and delivery, as well as access to the Goods without violating the integrity of the packaging in accordance with the terms and conditions available at https://yandex.ru/support/marketplace.

5.2 Consignments compiled as cargo packages shall not exceed the size and weight limits listed for each country below:

5.3 The box shall allow placement of all the Goods in the order, taking into account the handling signs and peculiarities of the Goods. Before placing the Goods in the box of the Consignment, it is necessary to inspect the Goods, check the completeness and quality of the Goods (visual inspection), check absence of damage to the consumer packaging of the Goods, availability of the necessary information about the Goods and their manufacturer, etc.

5.4 The general requirements to the Goods, their type and procedure of placement in the box of the Consignment are available at https://yandex.ru/support/marketplace/orders/fbs/rules.html.

5.4.1 The delivery service shall have the right to refuse delivery and return orders to the return warehouse if:

The orders were packed in violation of the requirements specified in Clause 5.4. of this Schedule and are not suitable for further transportation
If there is access to the contents to the Order
If there is obvious damage to the contents (leakage, characteristic knocking, ringing, the package is damaged by the contents itself from the inside).

5.4.2 General requirements for pallet compiling are available at https://yandex.ru/support/marketplace/orders/fbs/pallet.html as well as in sub-clause 5.4.2.1. hereof.

5.4.2.1 Compiling of pallets:

Orders should be places on a pallet, wrapped with stretch film preventing access to the contents and Orders, the height shall not exceed 1.8 m; it is allowed to transfer returned Goods in bags, as well as in bulk, and in such case the volume shall not be more than 2 cubic meters
The delivery service shall have the right to refuse to pick up the Orders from the Warehouse in case the cargo is not suitable for transportation or the majority of the cargo is damaged.

5.5 It is prohibited to place Goods in the Consignment and/or Consignments on the pallet in violation of the handling signs, trademarks or objective logic.

5.6 A sticker (label) shall be used to place the Barcode on the Consignment, it is necessary for further delivery of the Consignment by the carrier to the Consumer.

5.7 Each Consignment handed over to the carrier for delivery shall be marked with a special sticker (label) printed out by the Customer in accordance with the Contractor's requirements available at https://yandex.ru/support/marketplace/delivered-by-marketplace/marking.html and containing a unique code of the Consignment (barcode), as well as other information agreed upon by the Parties, required for rendering the Services and delivery of the Consignment to the Consumer subject to the conditions specified at https://yandex.ru/support/marketplace/orders/fbs/marking.html, as well as the following terms:

5.7.1 The sticker (label) shall be printed on the special self-adhesive A6 format paper ensuring reliable adhesion of the sticker and the material of the Consignment package at temperatures from - 40 to + 40 Celsius.

5.7.2 If the sticker (label) applied to the Consignment does not meet the requirements of Clause 5.7 of this Schedule, the Contractor/carrier shall be entitled to refuse acceptance of the Consignment and/or return the Consignment to the Customer in accordance with the terms and conditions of this Schedule.

5.8 If the Consumer submitted a corresponding request, the Customer shall provide the Consumer, together with the Goods, with duly certified copies of certificates of conformity and/or declarations of conformity and/or registration certificates for the Goods in accordance with the consumer right protection legislation of the Russian Federation or other documents required to be provided to the Consumer by law.

5.9 The Customer shall comply with the following requirements to compiling cargo packages (pallets):

Each cargo package (pallet) shall be provided with a label containing the list (of Consignments) and the number of Consignments in the cargo package (on a pallet)
Consignments in a cargo package (on a pallet) shall be packed in outer packaging (boxes) which will protect the Consignments from damage during transportation by various means of transport under normal transportation conditions. Consignments in boxes shall be stacked and secured on pallets. In case of violation of this requirement, the Contractor shall not be liable for the Goods that were damaged during transportation due to insufficiently strong outer packaging and/or undue fastening on the pallets.

5.10. In case of non-compliance with the above requirements to packaging and labeling of the Consignments, the carrier shall have the right not to accept such Consignments or to impose relevant sanctions stipulated by the Agreement on the Customer.

6. General Conditions of Delivery of Consignments

6.1 The Consignments shall be delivered by the carrier within the time period agreed with the User when an Order was placed on the Service.

6.2 Goods classified as “clothing”, “footwear” and “accessories” (i.e. “Fashion”) shall be considered second-hand and cannot be included in the Order or sold again on the Service after being returned by the Consumer.

6.2.1 The Contractor shall not be liable under the Agreement for losses related to damage to (deterioration of) the Customer's goods through the Consumer's fault.

6.3 The Contractor shall ensure availability of a documentary evidence of transfer of the Consignment to the Consumer. When delivering the Consignments, the Contractot may, at its own discretion, document transfer of the delivered Consignments to the Consumers (recipients) – individual persons in the form of paper documents (delivery notes, delivery registers, delivery and acceptance certificates, etc.).

6.4 The Contractor undertakes to provide a copy of the document confirming delivery of the Consignment to the Consumer upon the Customer's request.

6.5 The Goods shall be delivered to the Consumer by the carrier in accordance with the way selected by the User when placing the Order:

To the Pick-up Points;
To the automated parcel lockers;
By courier delivery to the door, or to the first pass entry system, security point, other territories with limited access, if access to the door is impossible. The Contractor shall not be liable for failure to deliver the Goods to the Consumer in the limited access territory, if the Consumer has not ensured appropriate access;
To the post office.

6.6 The Consignment shall be delivered to the Consumer within twenty (20) minutes after the Contractor or the Carrier notifies the recipient of its arrival at the address specified in the Order. Upon expiry of the said period of time, the Contractor or the Carrier shall be entitled to leave the address of delivery of the Consignment. In this case the service of delivery of the Consignment shall be deemed duly rendered and shall be paid for by the Customer in full.

6.7 The Consumer's refusal to accept and pay for the Consignment upon delivery shall be recognized by the Parties as the Consumer's refusal to enter into a SPA for the goods with the Customer, and the Contractor shall notify the Customer of such refusal via the Personal Account within five (5) business days from the date of delivery. Transfer of only a part of the Goods in the Consignment to the Consumer is not possible.

6.8 Provided that the Consumer's refusal to accept the delivered Consignment was not caused by shortage, damage to and/or loss of the Goods in the Consignment resulting from improper provision of services of delivery of the Consignment by the Contractor, the cost of the Services under this Request shall not be subject to revision and shall be paid by the Customer in full.

6.9 If the Consumer refuses to accept the Goods after opening the package of the Consignment, the Carrier or the Contractor shall pack the Goods not accepted by the recipient in such a way as to exclude access to them. Packaging and placement of the Barcode on the returned Consignment shall be made in accordance with the requirements set forth in this Schedule.

6.10. In case of return, the status of the Consignment will be displayed in the Personal Account for the corresponding Order.

6.11. Undelivered, Unreceived and Rejected Consignments.

6.11.1 The Consignments not delivered to the Consumer within the time period specified in the Order for the following reasons: absence of the Consumer, the Consumer's refusal to receive the Consignment, the Consumer's failure to appear at the Pick-up Point/parcel locker/Post Office, as well as for other reasons that caused the Consumer's rejection of the Order prior to its receipt, shall be returned within a period equal to the period of direct delivery of the Consignment by the carrier to the Consumer + 15 business days:

to the sorting facility/Pick-up Point, information about location of such sorting facility/Pick-up Point is communicated to the Customer via the Personal Account.

The period for return shall be calculated from the date of cancelation of the Order or the date of expiration of the period set for storage of the Consignment for the User.

6.11.2 The Consignments rejected by the Consumer after receipt shall be returned to the Customer by the Carrier or the Contractor within 5 months. The return period shall be calculated from the date of cancelation of the Order or the date of expiry of the period set for storage of the Consignment for the User.

6.11.3 If the Consumer refuses to accept the Consignment due to violation of the scheduled delivery date through the fault of the Contractor (carrier), the services related to the delivery of the Consignment shall be deemed improperly rendered by the Contractor and shall not be paid for.

6.11.4 The Consignments shall be returned to the Customer on the basis of the documents drawn up by the Carrier or the Contractor according to the form provided in Schedule 3.3 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad executed for each returned Consignment. The Consignment Return Certificate shall be drawn up by the carrier in three copies, two of which shall be kept by the Customer. The Customer shall submit to the Contractor its copies of the signed Consignment Return Certificates for the reporting month not later than on the 10th day of the month following the reporting month.

6.11.5 The Consignments shall be returned to the Customer pursuant to the following procedure:

transfer of Consignments shall be documented by a respective transfer document which shall contain the name of the recipient (the Customer's representative or a person engaged by the Customer) and details of his/her Power of Attorney. The signature of the person actually receiving the Consignment, one copy of which shall remain with the carrier, shall be considered as confirmation of the return of the Consignment.

6.11.6 The Consignments shall be accepted by the Customer in terms of the number of Consignments with visual inspection of the integrity of the packaging of the Consignments.

6.11.7 The Consignments shall be returned to the Customer's representative having the original Power of Attorney authorizing him/her to receive the Consignment or a copy thereof. The Customer shall sign the Consignment Return Certificate in accordance with the form provided in Schedule 3.3 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad.

6.11.8 If the recipient of the Consignment is a third party engaged by the Customer (e.g. a carrier), then in addition to a Power of Attorney issued on behalf of the Customer to such third party, the recipient shall also submit a Power of Attorney issued on behalf of such third party in the name of a natural person actually receiving the Consignment.

6.12. If there are any claims concerning the Consignment (including quality and quantity thereof) declared for return in the Delivery and Acceptance Certificate, such claim shall be submitted by the Customer to the Contractor within forty-eight (48) hours from the moment of return of the Consignment under the specified Delivery and Acceptance Certificate.

6.13. In case the Consignment is returned to the Customer's warehouse, such Consignments shall be accepted at the Customer's warehouse in terms of the number of places without checking the corresponding Order numbers in the Consignment.

6.13.1. An employee of the Customer's warehouse shall visually inspect each such Consignment and, if any:

Carrier’s duct tape
Third-party duct tape
Traces of opening
Deformation
Dents
Soaking
Other visible damage to the packaging

is detected, such employee, acting together with the carrier’s forwarding driver/representative of the Contractor, shall open the package and check the integrity/completeness of the Consignment.

6.13.2 If there are any remarks concerning the contents of the Consignment, a bilateral Report on Discrepancies shall be drawn up to document the nature of damage to the package and contents. Boxes without visible damage shall be put aside and shall not be opened.

6.13.3. The Parties have agreed on the following time of presence of the carrier’s forwarding driver/representative of the Contractor at the Customer's warehouse:

up to 400 kg (2 m3) – 20 minutes
up to 1,500 kg (7.5 m3) – 30 minutes
up to 5,000 kg (25 m3) – 60 minutes
over 5,000 kg (25 m3) – 120 minutes.

At the same time, the Parties have agreed that these terms may be changed by agreement of the Parties. In any case, only opened or damaged Orders shall be subject to inspection, other Consignments shall not be opened.

6.13.4 If the number of the Consignment cargo packages does not correspond to the number of cargo packages specified in the Delivery and Acceptance Certificate, the Parties shall specify in the Delivery and Acceptance Certificate the actual number of cargo packages received.

6.13.5 The subsequent inspection of the Orders in terms of numbers in accordance with the Delivery and Acceptance Certificate shall be carried out at the Customer's warehouse within 24 hours strictly under video surveillance cameras:

If there are any discrepancies in the number of cargo packages detected during the collaborative count, the numbers of not received Orders together with a copy of the Delivery and Acceptance Certificate shall be transferred to the Help Desk via e-mail and/or Personal Account, and Help Desk shall transfer this information to the delivery service.
In case of cross-picking, the Customer shall inform the Help Desk of the discrepancy, specifying the number of the Order that did not arrive and the number of the Order that arrived instead of the one declared in the Delivery and Acceptance Certificate, attaching a photo of all Order marks.

6.13.6. Claims concerning internal breakage of/damage to the Goods inside the undamaged package (i.e. connected with the orders that are not mentioned in the Report on Discrepancies) shall not be accepted and shall not be considered.

6.13.7 Claims concerning substitutions/thefts in case the package is undamaged (i.e. connected with the orders that are not mentioned in the Report on Discrepancies) shall be considered on a case by case basis. For the Customer to consider such claims the following materials and data shall be provided:

6.13.7.1 Video footage of the process of compiling the order (order picking, its final packing and labeling)

6.13.7.2 Weight of the order before shipment to the delivery service (available upon request of the delivery service)

6.13.7.3 Weight of the order before opening (available upon request of the delivery service)

6.13.7.4. Video footage of the Order in the acceptance area (available upon request of the delivery service).

6.13.7.5. Video footage of the opening of the Order which demonstrates that the Order has not been opened before, i.e. all sides of the packaging of the Order are visible.

And the Parties have agreed that if the valuable cargo was not packed in accordance with the requirements available at https://yandex.ru/support/marketplace/delivered-by-marketplace/rules.html (box + consignor's/manufacturer's branded tape or seal on the shipping package), the claim shall be rejected due to violation of the requirements to the packaging of the valuable cargo.

6.13.8. Claims concerning the Orders related to the comments made during the bilateral transfer shall be submitted within one (1) month, subject to provision of the Report on Discrepancies, as well as other documents and materials stipulated by this Agreement.

7. Liability of the Parties

7.1 For breach of obligations under this Schedule the Parties shall be liable as provided by the Agreement, including this Schedule.

7.2 The Contractor shall be liable to the Customer:

7.2.1 For causing pecuniary damage to the Customer due to loss of, shortage or damage to the Consignments from the moment of acceptance of the Consignment from the Customer until it is handed over to the Consumer or returned to the Customer. The exception shall be cases when the loss, shortage or damage occurred due to the force majeure circumstances, or due to the properties of the Goods, of which the Contractor was not aware and should not have been aware at the time of receipt of the Goods, or as a result of the Customer's intent or gross negligence.

7.2.2 For loss and/or shortage of the Consignment –- an in such case the Contractor shall compensate the Customer for the cost of the lost and/or missing Consignment:

7.2.2.1 in the amount of the Declared Value (the value of the Goods in the order before deducting all discounts granted to the Consumer under the Promotion Agreement) recorded in the Consignment Delivery and Acceptance Certificate or in the absence of such a document upon acceptance - recorded in the Carrier ’s documentation drawn up after acceptance of the Consignment.

7.2.2.2 For damage to the Goods in the Consignment – an in such case the Contractor shall compensate the Customer for the documented losses in the amount by which the value of the damaged Goods has decreased, but not more than the amount of the Declared Value recorded in the Delivery and Acceptance Certificate or in the absence of such a document upon acceptance - recorded in the Carrier ’s documentation drawn up after acceptance of the Consignment, taking into account provisions of sub-clause 7.2.2.1 of this Schedule.

7.2.3 Taking into account the above, for damage to the Goods in the Consignment – in such case the Contractor shall compensate the Customer for the documented losses in the amount by which the value of the damaged Goods has decreased, but not more than the amount of the Declared Value recorded in the Delivery and Acceptance Certificate or in the absence of such a document upon acceptance - recorded in the Carrier ’s documentation drawn up after acceptance of the Consignment,, taking into account provisions of sub-clauses 7.2.3.1 and 7.2.3.2 of this Schedule.

7.2.3.1 The Contractor shall be entitled to request from the Customer documents confirming the actual value of the Goods in the Consignment. The Declared Value shall not exceed the actual value of such Goods confirmed by the relevant documents. Any documents of the Customer confirming the purchase price of the Goods or cost of production of the Goods, in case the Customer is the manufacturer of the Goods, may serve as the said documents.

7.2.3.2 The amount of compensation may not exceed the actual value of the Goods in the Consignment determined in accordance with sub-clause 7.2.3.1. If the Customer specifies the amount of the Declared Value that exceeds the actual value of the Goods in the Consignment, such behavior shall be deemed a material breach of the Agreement, and repeated performance of such actions shall serve as grounds for termination of the Agreement at the initiative of the Contractor, on a unilateral basis, without recourse to court.

7.2.4 The Parties accept and agree that the Contractor shall under no circumstances be liable for the serviceability and quality of the Goods delivered to the Consumer when such Goods were received by the Contractor in the undamaged Consignment packaging having no traces of opening. The Customer shall settle all claims of the Consumers related to their claims under the consumer right protection legislation, on its own and at its own expense (unless otherwise provided for in the Agreement).

7.2.5. The Customer undertakes to reimburse the Contractor for losses in the amount of actual damage and to compensate all documented expenses caused by the Customer's incorrect filling in/execution of the documents generated by the Customer under this Agreement for the purpose of transferring the Consignment to the carrier, in particular in connection with the fact that the data specified in the above documents do not coincide with the data about the Goods in the Consignment and the Customer.

7.2.6 The Contractor shall be liable to the Consumer for non-fulfillment or improper fulfillment of the obligations to deliver the Consignments.

7.2.7 In case of loss, shortage of or damage to the Consignment handed over by the Customer to the carrier, and until the moment of delivery of the Consignment to the Consumer and/or return of the Consignment to the Customer, the services related to the delivery of the Consignment shall be considered improperly rendered and shall not be paid for.

7.3 The claim sent by the Customer shall serve as grounds for punitive penalties or for indemnification of the damage by the Contractor hereunder, except to the extent provided in Clause 7.11 of this Schedule. In this case, the Customer’s claim shall contain the actual value of the lost/missing Goods and/or the amount by which the value of the damaged Goods in the Consignment has decreased, as well as copies of documents confirming the actual value of the lost/missing Goods (contract, invoice, payment document, VAT invoice, delivery note, sales receipt stating the price of the Goods in the Consignment), and/or copies of documents confirming the amount by which the value of the damaged Goods has decreased.

7.4 The Customer shall be liable for the damage to/loss of the property of third parties which occurred as a result of the Customer's transfer of Goods in the Consignment if transfer of such Goods is prohibited in accordance with the terms and conditions of the Agreement and/or the legislation of the Russian Federation.

7.5 The Contractor shall not be liable for any damage to or loss of the Consignments and Goods in such Consignment which occurred before transfer thereof by the Customer to the carrier.

7.6 The Contractor shall not be liable for non-fulfillment/improper fulfillment of obligations under this Schedule in any of the cases listed below:\

If non-performance/improper performance was caused by the Customer's failure to fulfill or improper fulfillment of its obligations under the Agreement, including failure to meet the requirements to containers, packaging, Barcode, deadlines, etc.
If non-fulfillment/improper fulfillment was caused by the actions of state bodies, local authorities or officials of such bodies, except for cases of violation of the current legislation by the Contractor or third parties engaged by the Contractor to provide the Services.
For shortage of valuable Goods inside the package without using the materials specified in Clause 5.4 of this Schedule.
For cases of damage to the package caused due to the properties of the transported Goods (liquid, hazardous Goods, Goods with sharp edges).
For shortage while packing being intact or damage to the contents of the Consignment provided that the outer packaging is not damaged.
For handing over to the carrier any Consignments canceled at the time of transfer.
For the Consignments shipped to the carrier that have not been transferred by API on the date of their actual transfer, even if they are listed in the Delivery and Acceptance Certificate.
For the shipped Consignments containing contents prohibited for forwarding by the effective laws of the Russian Federation and Schedule 3.1 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad, as well as for their safety, integrity and delivery.
If the Customer fails to fulfill the obligations listed in Clause 1.6.

7.7 The Contractor shall not be liable to third parties, including Consumers, for the quality of delivered Goods in the Consignment or for other obligations assumed by the Customer, provided that deterioration of the quality of the Goods in the Consignment was not caused by improper conditions of storage or transportation of the Consignment by the Contractor.

7.8 In case the Customer refuses or avoids transferring the Consignment to the carrier in accordance with the Customer's Order due to the reasons beyond the control of the Contractor/carrier, the Customer shall be liable for all negative consequences of unilateral refusal to perform the SPA for the Goods, including possible claims and/or demands submitted by the Consumer against the Contractor in connection with such change/cancellation of the Order. Customer’s transfer of the Consignment not corresponding to the Consumer's Order, and violation of other requirements of this Schedule, shall be considered by the Parties as the Customer's refusal to transfer the Consignment corresponding to the Consumer's Order.

7.9 The Customer refusing to transfer the Consignment to the carrier due to the reasons beyond the control of the Contractor/carrier shall pay the Contractor the cost of services in accordance with the Agreement and this Schedule, as well as shall reimburse the Contractor for documented losses (including court expenses, fines/penalties) inflicted on the Contractor due to claims, lawsuits, orders which arose in connection with violation of the legislation on consumer right protection of the Russian Federation, as well as in connection with any fine imposed on the Contractor under administrative law.

7.10. Customer shall submit a claim within three (3) months from the actual or scheduled date of delivery of the Order:

Claims concerning the loss of the Consignment must be accompanied with a documented confirmation (Delivery and Acceptance Certificate(in its absence, the Carrier’s data on the acceptance of the Consignment, available to the Customer in the Personal Account), Power of Attorney, as well as documents provided in sub-clause 7.2.3.1.).
Claims concerning damage to the Consignment must be accompanied with a documented confirmation (a photograph of the damage, damage to the packaging of the Order, as well as a document confirming the Declared Value of the relevant contents).

7.11. The value of lost and/or missing Consignments shall be reimbursed pursuant to the following procedure and under the following terms:

7.11.1 In case of loss of the Consignment, the Contractor shall compensate the Customer for the cost of the lost and/or missing Consignment in the amount of the Declared Value (the value of the Goods included in the order before deducting the discounts granted to the Consumer under the Promotion Agreement) recorded in the Consignment Delivery and Acceptance Certificate and in the absence of the Delivery and Acceptance Certificate, in the documentation or according to the information of the Carrier, confirming the acceptance of the Consignment.

7.11.2 Within (40) calendar days from the moment of cancellation of the Order and change of the Order status to “Cancelled” in the Personal Account, the Contractor shall return or track the Consignment.

7.11.3 If the Consignment is not found within seven (7) business days after the end of the period specified in sub-clause 7.11.2, the Order shall be marked as “Subject to compensation”.

7.11.4 The Contractor shall pay to the Customer compensation for the lost Consignment within seven (7) business days from the moment when the status of the Order in the Personal Account is changed to “Subject to compensation”.

7.11.5 The Contractor shall be entitled to reimburse the cost of lost Consignments without the Customer's consent, in particular, in absence of a claim sent by the Customer. The record in the Assignment Fulfillment Report and Report on Set-off of Mutual Claims specifying the compensation amount shall be considered as documented proof of the amounts paid. Reimbursement for the cost of lost Consignments will be made in the currency agreed by the Customer and the Contractor for transferring payments to the Customer, and if the currency is different from the Russian rubles, then the conversion of the cost of lost Consignments into foreign currency is carried out in accordance with clause 6 of the Schedule No. 4 hereunder.

7.12 The Customer undertakes to provide answers to the Help Desk inquiries sent from the e-mail address promises@market.yandex.ru within two (2) business days by sending a reply message.

7.12.1 The Customer’s response sent in accordance with this Clause shall contain unambiguous conclusions about the decision made by the Customer on the merits of the request. Failure to meet such condition shall be considered as absence of response to the request.

7.12.2 If the Customer fails to comply with the deadline specified in this Clause, the Contractor shall be entitled to make its own decision regarding the Consumer's claim, and the Customer shall have no right to appeal against such decision.

8. Dispute Resolution Procedure

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

Schedule 3.1

1. List of Goods not Accepted for Delivery

Consignments with contents prohibited for international forwarding by the current legislation of the Russian Federation, as well as the legislation of the country of departure, including, inter alia: consignments containing firearms, signal, pneumatic, gas weapons, ammunition, cold weapon (including throwing weapons), electric-shock devices and spark arresters, as well as the main parts of firearms; narcotic drugs, psychotropic, superpotent substances; radioactive, explosive, poisonous, caustic, highly flammable, dangerous substances and materials and other substances classified as dangerous goods; animals and plants; biological materials; monetary notes of the Russian Federation; foreign currency; securities; excise stamps, as well as Consignments containing precious metals, precious stones and articles containing them; identity documents, as well as Consignments requiring special conditions of storage and transportation, including compliance with a certain temperature regime.

Also, additional restrictions may be established for each country of shipment of the Goods:

In disputable cases, as well as cases stipulated by the current legislation of the Russian Federation or by another applicable legislation, the Contractor shall have the right to request from the Customer additional documents confirming the nature and properties of the contents of the Consignments: certified copies of certificates, licenses, letters of guarantee and other documents.

If in the process of rendering services the Contractor determines that contents owned by the Customer is included in the list of contents prohibited for forwarding, the Contractor shall have the right to stop delivery of such a Consignment, return it to the consignor and notify the Customer thereof. In this case the Customer shall pay the Contractor the cost of delivery of the whole Consignment, as well as additional expenses connected with return, recycling and storage of such Consignment. The Customer shall be liable in accordance with the current legislation of the Russian Federation for the damage caused to the Contractor's employees and property, as well as to third parties, resulting from sending the Consignment containing items and substances prohibited for forwarding.

The Customer warrants that the contents belonging to the Customer (as a whole and in any part thereof) is not classified and does not contain restricted information.

Schedule 3.2.

FORM

Акт приема-передачи Отправлений/ Consignment Delivery and Acceptance Certificate No. ____

«___» ___________ 20__ г.

Заказчик/ Customer: ________________________________

Исполнитель (Доставщик) Contractor (carrier): ________________________________

Настоящий акт составлен о том, что в указанную выше дату (дата приема Отправлений) Отправитель передал, а Исполнитель (Доставщик) принял следующие Отправления:

This Certificate is drawn up to document that on the above date (the date of receipt of Consignments) the Consignor has transferred and the Contractor (carrier) has accepted the following Consignments:

№

№ Отправления в системе Заказчика/

No. of Consignment in the Customer's system

№ Отправления в системе Исполнителя/

No. of Consignment in the Contractor's system

Объявленная ценность, руб./

Declared Value, in RUB

Вес, кг./

Weight, kg

Кол-во мест, шт./

Number of cargo packages

Итого/

Total

Отправления передал (Заказчик):/ Consignments have been transferred by the (Customer):

______________________________________________________

(реквизиты доверенности представителя Заказчика /details of the Power of Attorney of the Customer’s representative)

___________________________________(__________________)

(подпись) (расшифровка)

(Signature) (Printed name)

МП/ L.S.

Отправления передал (Заказчик):

/ Consignments have been transferred by the (Customer):

______________________________________________________

(details of the Power of Attorney of the Customer’s representative)

___________________________________(__________________)

(Signature) (Printed name)

L.S.

Consignments have been accepted by the (Contractor/carrier):

______________________________________________________

(details of the Power of Attorney of the Contractor’s/ carrier’s representative)

___________________________________(__________________)

(Signature) (Printed name)

L.S.

END OF FORM

Schedule 3.3.

FORM

Акт возврата Отправления / Consignment Return Certificate

«___» ___________ 20___ г.

Заказчик/ Customer: ________________________________

Исполнитель (Доставщик) Contractor (carrier): ________________________________

Настоящий акт составлен о том, что в указанную выше дату (дата приема Отправлений) Исполнитель (Доставщик) передал, а Получатель (заказчик) принял следующие Отправления:/

This Certificate is drawn up to document that on the above date (the date of receipt of Consignments) the Contractor (carrier) has transferred and the recipient (Customer) has accepted the following Consignments:

№

№ Отправления в системе Заказчика/No. of Consignment in the Customer's system

№ Отправления в системе Исполнителя/

No. of Consignment in the Contractor's system

Объявленная ценность, руб./

Declared Value, in RUB

Вес, кг./

Weight, kg

Кол-во мест, шт./

Number of cargo packages

Итого/Total

Отправления передал (Исполнитель/Доставщик)/ Consignments have been transferred by the (Contractor/carrier):

______________________________________________________

(реквизиты доверенности представителя

Исполнителя/Доставщика/ details of the Power of Attorney of the Contractor’s/carrier’s representative)

___________________________________(__________________)

(подпись) (расшифровка)

(Signature) (Printed name)

МП/ L.S

Отправления принял (Заказчик):

______________________________________________________

(реквизиты доверенности представителя

Заказчика)

___________________________________(__________________)

(подпись) (расшифровка)

МП

END OF FORM

Schedule 4

Procedure Governing Payment for Goods by Consumers

1 In accordance with Clause 2.2 of the Agreement and the terms and conditions of this Schedule the Contractor undertakes to perform, on the Customer's instruction (Order), on its own behalf and at the expense of the Customer, and for a certain fee, actual actions on:

1.1. Acceptance of wire payments by Consumers in favor of the Customer, made as payment for the Customer's Goods included in the Orders placed on the Service (sub-clause 2.2.1 of the Agreement and Clause 2 of this Schedule). The amount of and procedure for charging the Contractor's remuneration for the acceptance of funds shall be determined in accordance with Clause 15.1 of this Schedule.

1.2. Acceptance of funds from the Consumers for the Consignments transferred to the Consumers as discharge of the Consumers' obligations to the Customer under the SPA for the Goods concluded between the Customer and the Consumers (sub-clause 2.2.2 of the Agreement and Clause 3 of this Schedule). The amount of and procedure for charging the Contractor's remuneration for acceptance of funds shall be determined in accordance with Clause 15.1 hereof.

1.3. Transfer of funds to be returned by the Customer to the Consumer in case of the Consumer's withdrawal from the Agreement, return of the Goods, as well as in other cases provided for in the Agreement, including Schedules 4.1. and 5 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad. The amount of funds to be transferred to the Consumer under the relevant order shall be determined in accordance with Schedules 4.1.and 5 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad. Such amounts shall be transferred by the Contractor using the banking details specified by the Consumer. The Contractor's remuneration for fulfillment of the order in accordance with this sub-clause shall not be charged separately and shall be included in the Contractor's remuneration in accordance with Clause 1.1 and clause 1.2 hereof.

1.4. Transfer of the Goods to the Consumers without payment, on condition of payment of the cost of the Goods in installments when such opportunity is provided to the Consumer by the Customer. The amount of and procedure for charging the Contractor's remuneration for fulfillment of the order in accordance with this Clause shall be determined in accordance with Clause 1.1 and Clause 1.5 hereof.

1.5. Transfer to the Customer of the funds accepted by the Contractor from the Consumers as payment for the Customer's Goods included in the Orders placed on the Service in accordance with Clause 1.1 and Clause 1.2 of this Schedule. The amount of and procedure for charging the Contractor's remuneration for the transfer of funds to the Customer shall be determined in accordance with Clause 15.2 of this Schedule.

2. The Parties have agreed that if the Consumer orders the Customer's Goods on condition of prepayment directly on the Service (by the methods provided by the Service), the Customer shall assign the Contractor to accept from the Consumer the funds paid by the Consumer as payment for the Customer's Goods under the SPA concluded between the Customer and the Consumer on the Service, and to transfer to the Customer the amount corresponding to the sum of all funds received from the Consumers within the term and pursuant to the procedure set forth in this Schedule. In this case, the Contractor shall accept the Consumer's funds on its own behalf and at the expense of the Customer pursuant to the procedure set forth in Clause 15.1 of this Schedule and transfer to the Customer the amount corresponding to the sum of all funds received from the Consumers within the term and pursuant to the procedure set forth in Clause 15.2 hereof. The relations between the Customer and the Contractor in terms of fulfillment of the assignment specified in Clause 2 of this Schedule shall be governed by Chapter 52 “Agent’s Services” of the Civil Code of the Russian Federation.

2.1 The Contractor shall not act as a payment agent when making settlements in accordance with Clause 2 of this Schedule pursuant to paragraph 1.4, Part 2 of Art. 1 of Federal Law No. 103-ФЗ Concerning Activities Carried Out by Payment Agents Involving the Acceptance of Payments from Physical Persons of June 03, 2009.

3. The Parties have agreed that if the Consumer orders the Customer's Goods on condition of payment upon receipt, the Customer shall assign the Contractor to accept funds from the Consumer paid for the Consignment to be transferred to the Consumer, in discharge of the Consumer's obligation to the Customer under the SPA for the Goods concluded between the Customer and the Consumer. In this case, the Contractor shall, on its own behalf and at the expense of the Customer, accept monetary funds from the Consumer in accordance with the procedure set forth in Clause 15.1 of this Schedule and transfer to the Customer the amount corresponding to the sum of all monetary funds received from the Consumers within the term and pursuant to the procedure set forth in Clause 15.2 of this Schedule. Relations between the Customer and the Contractor in terms of fulfillment of the assignment specified in Clause 2 of this Schedule shall be governed by Chapter 52 “Agent’s Services” of the Civil Code of the Russian Federation.

3.1 Acceptance of funds by the Contractor in accordance with Clause 3 of this Schedule shall be made exclusively in connection with delivery of the Consignment to the Consumer as payment for the Goods in the Consignment. In accordance with paragraph 1, Part 2 of Art. 1 of Federal Law No. 103-ФЗ Concerning Activities Carried Out by Payment Agents Involving the Acceptance of Payments from Physical Persons of June 03, 2009, the provisions of the above law shall not apply to settlements for the Consignment delivered under the Agreement. The relations between the Customer and the Contractor regarding fulfillment of the assignment specified in Clause 3 of this Schedule shall be regulated by Chapter 52 “Agent’s Services” of the Civil Code of the Russian Federation.

4. The payment amounts received by the Contractor from the Consumers in accordance with the assignment shall be transferred by the Contractor to the Customer pursuant to the procedure set forth in Clause 6.1 of this Schedule, less the amounts returned/transferred by the Contractor to the Consumers on behalf of the Customer in accordance with the terms and conditions hereof, as well as Schedules 4.1 and 5 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad.

5. The Contractor shall be entitled to engage third parties – subagents to fulfill the assignment, remaining liable for the subagent's actions to the Customer.

6. The Contractor shall transfer the monetary funds accepted by the Contractor from the Consumers under the assignment to the Customer to the settlement account specified by the Customer in the Application (Clause 2.4 of the Agreement), or to the account specified in the e-mail notice sent by the Customer to the Contractor (in case of changes in the Customer's account data specified in the Application) or to the bank account of the Payment system, if the Payment system is selected as the method of transferring funds for settlements. All monetary funds accepted by the Contractor from the Consumers shall be transferred to the Customer in full without any withholdings (unless otherwise provided by the Agreement, including this Schedule and Schedules 4.1 and 5 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad).

In case of differences in the currency of funds accepted from Consumers and the payment currency selected by the Customer when concluding the Agreement for Product Offer Placement and Provision of the Contract Execution and/or Pre-booking Service Functionality for Goods supplied from abroad, on the Service, or agreed by the Parties in in the Additional Agreement on concluding an Agreement on the terms of the agreement posted on the Internet at the link https://yandex.ru/market_agreement_crossborder and/or specified by the Customer in the Personal Account as a currency for making payments if technically possible, the Contractor converts into the specifies currency the amount received from Consumers in Russian rubles. For conversion, the exchange rate of the Contractor's bank chosen by it for settlements with the Customer is used. The amount received as a result of such conversion from Russian rubles into another currency is subject to transfer by the Contractor to the Customer.

The Contractor and the Customer acknowledge that the amount of funds received through such conversion from Russian rubles into another currency corresponds to the interests of both Parties and is equal to the amount of funds accepted by the Contractor on behalf of the Customer from Consumers for the Customer’s goods.

The rate of the Contractor's remuneration depends on the time periods of transfer of funds received by the Contractor from Consumers selected by the Customer in the Personal Account and is specified in the clause 6.1.1 of the present Schedule and shall include VAT at the rate established by the effective laws of the Russian Federation.

6.1.1 The Contractor shall provide the Customer with an opportunity to choose the following time periods of transfer of funds accepted by the Contractor from Consumers in the Customer’s Personal Account:

6.1.1.1. once every two weeks:

The first payment is made against an invoice for payment issued by the Contractor, a report on the payment order or an agency report, any of these documents prepared by the Contractor, no later than the 25th day of the calendar month for the Orders.
The second payment should be made against an invoice for payment issued by the Contractor, a report on the payment order or an agency report, any of these documents prepared by the Contractor, no later than the 14th day of the month following the month in which the first payment was being made.

The Contractor generates an invoice for payment and a report on the payment order indicating the amounts to be transferred.

6.1.1.2. once a month:

The Contractor shall ensure transfer to the Customer of funds accepted by the Contractor from Consumers against an invoice for payment, issued by the Contractor, a report on the payment order or an agency report, any of these documents prepared by the Contractor, not later than the 15th day of each month.

The Contractor generates an invoice for payment and a report on the payment order indicating the amounts to be transferred.

6.1.2 If the Customer has not chosen the time periods for transferring the funds accepted by the Contractor from the Consumers in the Personal Account, or the Contractor cannot make payments once every two weeks for technical reasons, the Contractor shall transfer the funds accepted by the Contractor from the Consumers once a month on the payment day specified in the Personal Account, subject to the restrictions specified in paragraph 2 of sub-clause 6.1.

6.1.3 The Customer shall have the right to change the time periods of transfer of funds accepted by the Contractor from the Consumers selected in the Personal Account only after confirmation with the Contractor.

The new time periods of transfer of funds accepted by the Contractor from the Consumers shall apply to the relations between the Parties from the 04th day of the new Reporting Period. In case the Customer repeatedly changes the periods of transfer of funds accepted by the Contractor from the Consumers, the periods specified by the Customer in the Personal Account as of 00:00 a.m. on the 04th day of the new Reporting Period shall apply from the 04th day of the new Reporting period.

The Customer shall not be able to change the time periods of transfer of funds accepted by the Contractor from the Consumers for the current Reporting Period starting from 00:00 a.m. on the 04th day of the new Reporting Period.

6.1.4 The time periods of transfer of funds accepted by the Contractor from Consumers selected by the Customer in the Personal Account shall affect the amount of the Contractor's remuneration for fulfillment of the assignment to transfer to the Customer the funds accepted by the Contractor from Consumers in accordance with Clause 1.5 of this Schedule, calculated in accordance with Clause 15.2 hereof.

6.1.5. The Parties acknowledge that if the Customer engages the Payment System for mutual settlements under the Agreement:

this is considered an order from the Customer to the Contractor to fulfill its obligations to transfer funds to the Customer arising as part of the execution of the Agreement by transferring funds to the bank account of the Payment System;
any monetary obligations of the Contractor to the Customer under the Agreement are considered duly fulfilled from the date of crediting funds to the account of the Payment system engaged by the Customer.

The Contractor also has the right to involve third parties (subagents) to transfer funds to the Customer within the time frame and amount established by the Agreement.

6.2 The Contractor shall not be liable for delayed transfer of funds accepted from Consumers in case the Contractor's servicing bank, any correspondent bank and payment system through which the payment was sent or the Customer’s servicing bank refuses to transfer funds to the account specified by the Customer on the grounds stipulated by the current applicable legislation.

6.3 If it is impossible to pay due to the refusal of the Contractor's servicing bank to make the payment, the Contractor undertakes to immediately notify the Customer of the above circumstances and send the Customer a list of the bank's requirements which must be met in order to resume settlements.

If the Customer's servicing bank refuses to accept the payment, the Customer undertakes to immediately notify the Contractor and send the a list of the bank's requirements which must be met in order to resume settlements.

6.4 The Contractor shall not be liable for late transfer of funds accepted from Consumers in case the contractor imposes sanction stipulated in Clause 8.2 of this Schedule.

7. To the extent provided in Clause 1.2 hereof, the Contractor shall be entitled to transfer funds to the Customer by way of prepayment prior to receipt of funds to its settlement account, but after receipt of the Order by the Consumer (i.e. immediately after the Order has been marked as “Delivered” (“Transferred to Customer”)).

8. If there are any Services under the Agreement for which the Customer has not paid, as well as if there’s any amounts of the Contractor's remuneration for fulfillment of the assignment not paid under the Agreement, the Contractor shall have the right to the following, at its own choice:

8.1 Withhold the amount of the Customer's existing indebtedness when transferring to the Customer the funds accepted by the Contractor from the Consumers.

8.2 Suspend transfer of funds to the Customer specified in Clause 6 of this Schedule until the Customer repays the debt, provided that delay in payment for the Services under the Agreement, as well as delay in payment of the Contractor's remuneration for fulfillment of the assignment under the Agreement, is more than 30 calendar days from the date of drawing up the relevant Certificates. Suspension of transfer of funds to the Customer in accordance with this Clause shall not release the latter from the obligation to pay the Contractor for the Services under the Agreement, as well as from the obligation to pay the Contractor's remuneration for fulfillment of the assignment under the Agreement, and shall not deprive the Contractor of the right to impose on the Customer the sanctions listed in Section 6 of the Agreement.

9. The Customer and the Contractor confirm that they have agreed on the following:

9.1. The Contractor's remuneration for fulfillment of the assignment charged in accordance with Clause 17 of this Schedule shall include all costs and expenses of the Contractor connected with fulfillment of the assignment, i.e. these costs are not subject to additional reimbursement by the Customer.

9.2. Taking into account the conditions set forth in Clause 9.1 of this Schedule, the Contractor shall not record the expenses for fulfillment of the said assignment of the Customer separately from its other expenses, and shall not provide the Customer with the confirmation of the respective expenses.

10. In case of failure to meet the deadlines set for transfer to the Customer of the monetary funds received by the Contractor within the scope of fulfillment of the assignment according to Clause 1.5 of this Schedule, upon the Customer's written request, the Contractor shall pay a penalty of 0.1% per each day of delay in transferring the monetary funds, but not more than 10% of the overdue amount.

The penalty shall not be accrued and shall not be payable if such failure to meet the deadlines set for transfer of funds received by the Contractor from Consumers to the Customer has occurred due to the fact that the Customer provided inaccurate details, the Customer's bank account was blocked, the Customer's bank suspended its activities or due to any other reasons beyond the control of the Contractor.

11. Refunds to the Consumer under the Order, consideration of claims of Consumers against the Customer regarding Orders shall be made to the extent and pursuant to the procedure provided in Schedule 4.1 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad.

12. The report on the fulfillment of the assignment drawn up by the Contractor in accordance with Clause 3.1 of the Agreement shall include the following information (where available):

The total amount of Consumer payments accepted by the Contractor during the Reporting Period
The total amount of funds returned by the Contractor to the Consumers during the Reporting Period
The amount transferred by the Contractor to the Customer's account during the Reporting Period
The amounts withheld by the Contractor due to: return of funds to Consumers in the Reporting Period; offset of the cost of services rendered, repayment of security deposit and other payments to be withheld by the Contractor under this Agreement.

13. The assignment shall be fulfilled by the Contractor on the following territory: worldwide.

14. For fulfillment of the assignment (Clauses 1.1, 1.2 and 1.5 hereof) the Customer undertakes to pay remuneration to the Contractor in accordance with this Schedule.

15. The Contractor's remuneration for fulfillment of the assignment connected with acceptance of funds and transfer to the Customer of the funds accepted by the Contractor from the Consumers as payment for the Customer's Goods included in the Orders placed on the Service shall be calculated as follows:

15.1 The Contractor's remuneration for the execution of the order to accept the Consumers' funds in favor of the Customer shall be RUR 0.12, including VAT at the rate established by the current legislation of the Russian Federation, for each Customer's Goods.

The following shall serve as grounds for accrual of remuneration in connection with the corresponding payment accepted by the Contractor in favor of the Customer:

15.1.1. To the extent provided in Clause 1.1 of this Schedule, the moment of transfer of the Goods (connected with the money accepted by the Contractor in favor of the Customer under the respective Order) to the delivery service (i.e. at the moment when the Order is assigned a “Delivery” status displayed in the Personal Account)

15.1.2. To the extent provided in Clause 1.2 of this Schedule, the moment of transfer of the Goods (connected with the money accepted by the Contractor in favor of the Customer under the respective Order) to the Consumer and/or the moment when the Order is marked as “Delivered” (“Transferred to Consumer”) which fact if displayed in the Personal Account.

15.2. The Contractor's remuneration is calculated in rubles of the Russian Federation as a percentage of the amount of each Consumer payment accepted by the Contractor in favor of the Customer as part of the execution of the Order.

The Contractor's remuneration rate depends on the terms selected by the Customer in the Personal Account for transferring funds received by the Contractor from the Consumers, and is indicated on the page https://yandex.ru/legal/crossboard_payment_rates (in the column " The interest rate for calculating the amount of the Contractor's remuneration for the fulfillment of an order to transfer funds to the Customer accepted by the Contractor from Consumers as payment for the Customer's Goods included in the Orders placed on the Service”) and includes VAT at the rate set the current legislation of the Russian Federation. An invoice for the amount of the agency fee is issued by Yandex Market in accordance with the procedure provided for by the legislation of the Russian Federation.

The Contractor's remuneration is calculated in the following order. The Contractor's remuneration rate is multiplied by the amount of the Consumer's payment accepted by the Contractor in favor of the Customer; the result is rounded to whole kopecks in accordance with the rules of arithmetic; the calculated amount of remuneration is summed up with similarly calculated amounts of remuneration for payments accepted by the Contractor from Consumers in favor of the Customer during the Reporting period. The sum obtained as a result of this calculation shall constitute the Contractor's remuneration for the Reporting Period under this Clause.

The basis for accrual of remuneration for the execution of an order to transfer funds to the Customer accepted by the Contractor from Consumers as payment for the Customer's Goods included in the Orders placed on the Service is the moment when the Order is assigned the status "Delivered" (Delivered to the Consumer), which is displayed in the Personal Account.

15.3 The Consumer's rejection of the Goods paid for in advance on the Yandex Market Marketplace (Clause 1.1 hereof) before or immediately upon receipt of the Goods shall not be considered as basis for recalculation of the Contractor's remuneration for fulfillment of the assignment accrued in accordance with Clause 15.1 hereof.

16. The Contractor shall be entitled to unilaterally change the rate of remuneration specified in Clause 15.1 and Clause 6.1.1 of this Schedule with prior notice to the Customer not later than ten (10) calendar days prior to the date of such change. The notice shall be sent by the Contractor to the Customer to the e-mail address specified in the offer application or supplementary agreement on concluding an Agreement on the terms of the agreement posted on the Internet at https://yandex.ru/market_agreement_crossborder and an Agreement for the provision of services for promoting the Yandex Market Marketplace, on the terms of the agreement posted on the Internet at link https://yandex.ru/legal/marketplace_marketing_agreement. (Clause 2.6 of the Agreement) or in the Personal Account. The new remuneration rate shall become effective from the date of its publication in the Agreement at the following link https://yandex.ru/legal/marketplace_crossboard_terms

17. In case the Customer disagrees with the new rate of remuneration, the Customer shall have the right to terminate the Agreement by notifying the Contractor within the time periods specified in Clause 9.4 of the Agreement by sending this notice to the e-mail address merchant@market.yandex.ru or to the Contractor's manager specified in the Personal Account from the Customer's e-mail address specified in the Personal Account. In this case the Agreement shall be considered terminated within the time periods specified in Clause 9.4 of the Agreement.

18. In case of termination of the Agreement at the initiative of the Customer pursuant to the procedure described in Clause 17 hereof, the provisions of Clause 9.4 of the Agreement shall apply.

19. The Customer shall pay the Contractor's remuneration by way of transfer of the accrued remuneration amount to the Yandex Market settlement account within fifteen (15) calendar days from the date when Yandex Market draws up the Certificate specified in Clause 3.1 of the Agreement. Payment of the sums returned/transferred by Yandex Market to the Consumers (Clause 4 hereof) may be made by withholding the said sum when transferring the payment sums received from the Consumers, or by the Customer’s transfer of the respective sum to the Yandex Market settlement account within fifteen (15) calendar days from the date when Yandex Market draws up the Report specified in Clause 3.1 of the Agreement.

19.1 If the Contractor has withheld the amount of funds returned to the Consumers when transferring funds to the Customer, but the funds received by the Contractor from the Consumers are not sufficient to repay the Customer's debt, the Customer shall transfer the amount of such debt to the Contractor's settlement account within three (3) banking days from the date of the Contractor's invoice for payment of the said debt.

19.2 Instead of issuing the invoice specified in Clause 19.1 hereof, the Contractor shall be entitled to deduct the amount of the Customer's debt from the funds received in favor of the Customer from the Consumers in the subsequent Reporting Periods.

19.3 The Contractor shall be entitled to deduct the amount of the Customer's debt connected with payment of the remuneration accrued to the Contractor from the monetary funds received in favor of the Customer from the Consumers, in particular during the subsequent Reporting Periods.

20. If the funds received from the Consumers in favor of the Customer are insufficient for the Contractor to withhold its remuneration or to withhold the amounts to be returned to the Consumers, the Contractor shall be entitled to suspend fulfillment of the assignment and performance of obligations under Schedule 1 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad until the Customer repays the relevant debt.

21. If the amount of funds paid by the Customer in accordance with Clause 20 of this Schedule is insufficient to refund the amounts of refunds made by the Contractor to the Consumers, the Customer shall pay in accordance pursuant to the procedure stipulated in Clause 19.1 of this Schedule.

22. The Contractor's performance of the actions specified in Clause 4.6 of the Agreement, Clauses 19-20 of this Schedule and aimed at receiving from the Customer payment for the Services rendered in the Reporting Period and remuneration for fulfillment of the assignment shall not affect the cost of the Contractor's Services and the amount of remuneration for fulfillment of the assignment, even if such actions make it impossible for the Customer to receive the funds received by the Contractor from the Consumers within the time periods selected by the Customer in the Personal Account.

23. The Contractor's refunds to the Consumers (both in respect of the full amount paid or any part thereof) in accordance with Clause 11 hereof shall not serve as grounds for revision (reduction) of the amount of remuneration to be accrued and paid to the Contractor in accordance with Clause 15.1 hereof.

24. The term of validity of the assignment shall be equal to the term of validity of the Agreement. Termination of the assignment, including in case of its cancellation by the Customer, shall result in termination of the Agreement.

25. The Parties have agreed that if the Consumer orders the Customer's Goods on condition of paying their cost in installments, the Customer shall assign the Contractor to:

25.1 Provide the functionality of placing an Order on the Service using which the Customer will be able to offer Consumers the opportunity to purchase Goods under a SPA on condition of payment of their cost in installments, and such method of payment shall be governed by the rules on commercial credit in accordance with Article 823 of the Civil Code of the Russian Federation.

25.2 Send a proposal (offer), on its own behalf and at the expense of the Customer, to Microfinance Company T-Finance, Limited Liability Company (hereinafter referred to as the “MFC”) in order to acquire the Customer's rights (claims) against the Consumer connected with payment for the Goods that will arise in the future on the basis of the SPAs if the Consumer meets the following criteria:

Nationality

Age

18 to 70 years old

Mandatory document

Russian passport

Residency status

Settlement or residence in the Russian Federation

Telephone

A cell phone number is mandatory

26. The value of the Customer's rights (claims) shall be determined as the amount of the debt under the respective SPA for the Goods executed on condition of payment of its value in installments.

27. The Customer's rights (claims) assigned by the Contractor on behalf of the Customer to “MFC” shall be owned by “MFC” (“MFC” shall become the owner of such rights (claims) after the Goods are transferred to the Consumer which is confirmed by the fact that the relevant Order is marked as “Delivered”.

28. The fact of receipt of funds from “MFC” by the Contractor shall serve as grounds for the Contractor's transfer to the Customer of funds received as a result of assignment of rights (claims) of “MFC” under the relevant SPA for the Goods executed on condition of payment of its value in installments. In this case, the Contractor shall be entitled to transfer funds to the Customer before receipt of funds to its settlement account, but after receipt of the Order by the Consumer (i.e. immediately after the Order has been marked as “Delivered” (“Transferred to Consumer”).

29. By performing assignment to the Contractor in accordance with Clause 25 hereof, the Customer assigns to “MFC” the rights (claims) to receive the entire debt (including the amount of accrued interest and penalties in case of late payments) from the Consumer under each SPA for the Goods executed on condition of payment of its value in installments, with no obligations related to the SPA being assumed by “MFC”.

30.The Customer hereby warrants that it will not take measures to ensure Consumers’ performance in respect of the rights (claims) assigned to “MFC” under the SPA for the Goods executed on condition of payment of its value in installments.

Schedule 4.1

Refund. Consumer Claims and Arbitration

1. Return/Exchange of Goods.

1.1 Return of Goods of proper quality.

1.1.1 If the Consumer rejects the goods of proper quality purchased by the Consumer before its transfer to the Consumer, the Customer shall refund to the Consumer the money paid for the Goods, except for cases when the Goods having specific properties may be used exclusively by the Consumer purchasing them.

1.1.2 In the case specified in sub-clause 1.1.1 of this Schedule the Consumer shall reject the Goods via the interface of the relevant Order on the Service (in the Consumer's personal account on the Service) or by informing the Contractor thereof by phone, e-mail address of the Contractor or using the feedback form on the Service, subject to the provisions of Schedule 5 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad.

In the case specified in sub- clause 1.1.1.1 of this Schedule, the Customer shall return the amount of money paid by the Consumer for the Goods within the time periods stipulated by the consumer right protection legislation, but in any case within ten (10) calendar days from the date of receipt of the Goods returned by the Consumer at the Warehouse (subject to the provisions of Schedule 5 to Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad).

1.1.3 If the Consumer rejects the Goods of proper quality purchased by him/her within seven (7) days after delivery of the Goods, the Customer undertakes to refund the monetary funds paid for the Goods to the Consumer, except for cases when the Goods having specific properties may be used exclusively by the Consumer purchasing them.

1.1.4 Refunds to the Consumer in cases provided for in Clause 1.1 hereof shall be made pursuant to the procedure provided for in Clause 2 hereof.

1.2 Return of Non-food Goods of Proper Quality.

1.2.1 If the Consumer applies through the interface of the respective Order on the Service with a request to approve return of Goods of proper quality (in case the goods do not fit or are not to the Consumer's liking) within seven (7) days from the date of delivery of the Goods to the Consumer (not counting the day of delivery of the Goods to the him/her), the Customer shall accept the said Goods, provided that its marketable condition and consumer properties were not changed. The Customer shall refund to the Consumer the monetary funds paid for the Goods within the time periods provided for by the consumer right protection legislation, but in any case within ten (10) calendar days from the date of receipt of the Goods returned by the Consumer to the Customer (in case of delivery services) (subject to the provisions of Schedule 5 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad).

1.2.2 Refunds to the Consumer in cases provided for in Clause 1.2 hereof shall be made pursuant to the procedure described in Clause 2 hereof.

1.2.3 The return of technically sophisticated household goods of proper quality shall be possible if their consumer performance and marketable condition were not changed.

1.3 Return/Replacement of Goods of Improper Quality/Incomplete Goods.

1.3.1 In case of transfer of the Goods of improper quality (including incomplete goods) to the Consumer, the Customer shall be guided by the requirements stipulated by the Law of the Russian Federation Concerning the Protection of Consumer Rights and the Civil Code of the Russian Federation.

1.3.2 Refunds to the Consumer (of the full amount or of any part thereof) in cases related to the sale to the Consumer of Goods of improper quality (including incomplete Goods) shall be made pursuant to the procedure set forth in Clause 2 hereof.

2. Procedure for Refunds.

2.1 If the Customer returns money to the Consumer due to the sale of Goods of improper quality or due to the provision of incomplete or inaccurate information about the Goods, the Customer shall, in addition to the amount of money paid by the Consumer for the Goods, pay to the Consumer the amount of expenses incurred by the Consumer in connection with the purchase of the Goods which consists of the cost of delivery of such Goods to the Consumer (determined according to the Service data on the Order), as well as the Consumer's expenses connected with delivery of such Goods to the Customer (in case of delivery services) (to be determined on the basis of a copy of the receipt issued for payment of the post office services to be submitted by the Consumer).

2.1.1. If the Consumer returns the Goods due to the sale of the Goods of improper quality or due to the provision of incomplete or inaccurate information about the Goods, the Customer shall reimburse the Contractor for the amount of expenses incurred by the latter in connection with delivery of the Goods to the Consumer (if the Goods delivery service was free of charge for the Consumer (according to the Service data on the specified Order), as well as expenses connected with delivery to the Customer (in case of delivery services) from the Consumer (if the Consumer returns oversized Goods at the expense of the Contractor (subcontractor engaged by the Contractor) according to Clause 6 of Schedule 5to the Yandex Market Marketplace Service Terms and Conditions), and if, when returning the Goods, the Consumer chooses accrual of Points by the Contractor instead of monetary compensation by the Customer for the cost of delivery of the Goods (the term “Point” shall have the meaning assigned to it in the document available at: htps://yandex.ru/legal/plus_loyalty) in the amount equivalent to the amount of delivery expenses, the Customer shall reimburse the Contractor for the amount of money equal to the Points accrued to the Consumer (1 Point = RUB 1).The amount of the said expenses shall be transferred by the Customer to the Contractor's settlement account on the basis of the invoice issued by the Contractor within three (3) banking days from the date of the invoice, or the said amount may be withheld by the Contractor when transferring the funds of the Consumers under other Orders made in the Customer's store on the Service to the Customer.

2.2 The amount transferred by the Contractor to the Consumer in accordance with Clauses 2.1 and 2.2 of this Schedule, including compensation to the Contractor for the cost of the return shipment of the Goods, in case the Consumer has chosen the “Easy Return by the Russian Post” method at the expense of the Service, shall be withheld by the Contractor when transferring the Consumer's funds to the Customer under other Orders made in the Customer's store on the Service, or, if the relevant amount was not withheld by the Contractor, the Customer shall transfer the amount of such debt to the Contractor's settlement account within three (3) banking days from the date of the Contractor's invoice for the amount of the said debt.

2.3 Unless otherwise provided for in Clause 3 hereof, the Customer's order (instruction) made by sending to the Contractor a notice of the decision to refund the funds (in accordance with Schedule 5 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad) shall serve as grounds for the Contractor’s refund to the Consumer of the amount of funds subject to refund. If the Customer fails to respond to the Consumer's application information about which was communicated by the Contractor to the Customer (or received by the Customer) pursuant to the procedure and within the time limits provided for in Schedule 5 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad, respectively, the Customer's order (instruction) to transfer to the Consumer the amount of funds determined in accordance with Clauses 2.1 and 2.2 of this Schedule shall be deemed to have been given to the Contractor.

Subject to the consent provided via the Personal Account, when the Consumer requests a refund for the Goods of improper quality, the Customer assigns the Contractor to decide, at its sole discretion, on the refund of funds to the Consumer's account on the basis of photos/video footage provided by the Consumer, opinion issued by an authorized maintenance shop confirming that the relevant defect is a workmanship defect, and provided that the Goods are acknowledged to be of improper quality by the Contractor, at its sole discretion, and provided that the cost of such Goods of improper quality does not exceed RUB 1,500 (one thousand five hundred). In this case, the return of the Goods of improper quality from the Consumer to the Customer/Contractor shall not be required.

2.4 If the Consumer makes a claim for refund for the Goods of improper quality, the Contractor shall notify the Consumer of the need to send such a claim to the Customer.

If the Consumer submits a claim for refund for the Goods, the Contractor shall notify the Consumer of the need to submit such a claim to the Customer, or the Contractor shall be entitled to decide on the refund to the Consumer of the funds paid for the Goods, at its own discretion and without the Customer's consent.

The Contractor's decision (made at its sole discretion) to refund the funds to the Consumer's account may be challenged by the Customer within thirty (30) calendar days from the date of receipt of such Goods at the Warehouse, provision of documentary evidence shall be mandatory (opinion of an authorized maintenance shop, expert opinion).

2.5 If the Customer is unable to return the funds to the Consumer, the Customer shall send to the Contractor an application describing the Customer's will to satisfy the Consumer's claim using the Contractor’s resources at the Customer's expense. The amount of the Contractor's expenses shall be transferred by the Customer to the Contractor's settlement account on the basis of the invoice issued by the Contractor within three (3) banking days from the date of the invoice, or the said amount may be withheld by the Contractor when transferring the Consumer's funds to the Customer under other Orders made in the Customer's store on the Service.

2.5.1 If the User acquires the Customer's Goods on condition of payment in installments which has been selected by the Customer in the Personal Account in connection with purchases by the User on condition of payment in installments in accordance with Schedule 4.2, the Customer shall send to the Contractor the application provided for in Clause 2.5. of this Schedule. If there are grounds, the Contractor shall satisfy the Consumer's claim using the Contractor’s resources on behalf and at the expense of the Customer. The amount of the Contractor's expenses shall be transferred by the Customer to the Contractor's settlement account on the basis of the invoice issued by the Contractor within three (3) banking days from the date of the invoice, or the said amount may be withheld by the Contractor when transferring the Consumer's funds to the Customer under other Orders for the Customer's Goods placed on the Service.

If the Customer fails to fulfill the obligation set forth in this Clause, and the Customer satisfies the Consumer's claim on its own, the Contractor shall be entitled to withhold the amount of funds to be refunded at the Consumer's request from the Consumer's funds connected with other Orders for the Customer's Goods placed on the Service.

3. Arbitration

3.1 If the Consumer is not satisfied with the decision made by the Customer due to the Customer's violation of the terms and conditions of the SPA concluded with the Consumer (including cases of transfer of Goods of improper quality/damaged Goods/incomplete Goods, issued connected with exchange/return of Goods, etc.), an arbitrator of the Contractor's Quality Assurance Service (the “Arbitrator”) shall be engaged to assist in settling the Consumer's claim.

3.2 Within 24 hours the Customer shall provide the Arbitrator with the documents requested by the Arbitrator for the purposes of making a decision on the claim, or shall notify the Arbitrator of the deadline for providing the documents which shall not exceed two business days, and shall submit information regarding the Goods and the Order sold to the Consumer. Failure of the Customer to provide the Arbitrator with the requested documents may serve as grounds for the Arbitrator to rule on the claim in favor of the Consumer, in particular, if absence of violations of the terms and conditions of the SPA executed with the Consumer on the part of the Customer cannot be confirmed by any other documents/information provided to the Arbitrator.

3.3 The approximate term for consideration of the claim by the Arbitrator engaged shall be 10 calendar days. The said term may be extended by the Arbitrator's decision in absence of the required documents/information to be provided by the Consumer and/or the Customer.

3.4 Based on the results of consideration of the claim not settled by the Consumer and the Customer, the Arbitrator shall make a decision in favor of the Customer or the Consumer based on the documents and information provided by the parties in the course of consideration of the claim, as well as other information available to the Arbitrator regarding the respective Order.

3.5 The Customer shall respect the decision delivered by the Arbitrator based on the results of the consideration of the claim, if the decision is made in favor of the Consumer.

If the Customer disagrees with the Arbitrator's decision, the Customer may, using the feedback form or by sending a letter to merchant@market.yandex.ru, file an appeal against the Arbitrator's decision within one calendar day from the date of the Arbitrator's decision. In this case, the Customer's reasoned objections shall be considered by another Arbitrator who will issue a final decision in favor of the Customer or the Consumer.

3.6 By way of procedure described in this Schedule the Contractor shall assist the parties in resolving their disagreements related to the Customer's performance of its obligations under the SPA concluded with the Consumer, and shall not be a person authorized by the Customer to accept and satisfy consumer claims in respect of the Goods of substandard quality, and the above claims shall be satisfied directly by the Customer.

Consideration of disagreements between the Consumer and the Customer by the Arbitrator shall not deprive them of the possibility to resolve the dispute by other means provided for by law.

3.7 If the Arbitrator rules in favor of the Consumer, the Customer's order to transfer to the Consumer the funds paid by the latter for the Goods, as well as the amount of the Consumer's expenses determined in accordance with Clause 2.2 of this Schedule, shall be deemed to have been submitted to the Contractor. And any disputes arising between the Contractor and the Customer regarding the Arbitrator's decision shall be resolved directly between the Contractor and the Customer and shall not affect the validity of the order for transfer of funds to the Consumer provided in accordance with this Clause. The said order shall be fulfilled by the Contractor pursuant to the procedure provided for in Schedule 4 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad.

Schedule 4.2

Procedure for Payment in Installments for Users

1. If technically possible, the Contractor shall provide the Customer with the opportunity to select the Customer's Goods that may be purchased by the User on condition of payment in installments via the Personal Account (service of organizing payment in installments for Users).

2. The Customer shall determine, at its sole discretion, which Goods may be purchased by the User on condition of payment in installments. At the same time, the Customer agrees that the service of organizing payment in installments for Users may not be provided for certain categories of Goods. The relevant information shall be communicated to the Customer via the Personal Account.

3. The cost of organizing payment in installments for Users shall be determined as follows:

3.1 The cost of organizing payment in installments for Users is set in the amount of certain % (percentage) of the cost of the Customer's Goods (percentage rate) which were purchased by the User on condition of payment in installments.

3.2 The percentage rate stipulated in Clause 3.1 of this Schedule shall be determined in respect of each item of the Goods purchased by the User on condition of payment in installments and shall depend on the time period set for payment in installments selected by the Customer for such Goods in the Personal Account.

3.3 The percentage rate stipulated in clause 3.1 of this Schedule is available at: https://yandex.ru/legal/marketplace_parts_rate_table.

3.4 The products obtained in accordance with Clause 3.1 hereof (taking in to account the relevant rounding) for each item of the Goods of the Customer which was purchased by the User on condition of payment in installments shall be summed up. The calculated sum of the service fee in connection with the Customer's Goods purchased by the User on condition of payment in installments shall be summed up with similarly calculated sums for other Goods of the Customer purchased by the User on condition of payment in installments during the Reporting Period.

The relevant amount shall represent the cost of service of organization of payment in installments for Users rendered to the Customer during the Reporting Period. The cost of organization of payment in installments for Users calculated as above shall include VAT at the rate established by the current legislation of the Russian Federation.

3.5 To calculate the cost of organization of payment in installments for Users, the cost of the Customer's Goods valid at the moment of placing an Order by the User before any discounts or promotions are applied to such Goods shall be taken into account.

4. Simultaneous fulfillment of the following conditions shall serve as grounds for charging the cost of organization of payment in installments for Users:

The User’s placement of an Order on the Service provided such Order includes the Customer's Goods selected by the Customer in accordance with this Schedule for purchase by the Users on condition of payment in installments and purchased by the User on the same condition.
The fact that “Delivery" status (Delivery/Transferred for delivery) is assigned to the Order which includes the Customer's Goods purchased by the User on condition of payment in installments, or that the User agreed with the Yandex.Split Terms of Use (https://yandex.ru/legal/yandex_split) and/or the terms of the agreement on the payment procedure or other similar agreement with the Credit Institution or the Customer, whichever is earlier.

4.1 And in case of cancellation of the Order which includes the Customer's Goods purchased by the User on condition of payment in installments before the Order is assigned “Delivery” status (Delivery/Transferred for delivery) through the Customer's fault, the service of organization of payment in installments for Users shall be considered to have been rendered to the Customer in respect of the said Goods, and the Contractor shall charge the cost of organization of payment in installments for Users from the Customer.

4.2 In case of cancellation of the Order which includes the Customer's Goods purchased by the User on condition of payment in installments after the Order has been assigned “Delivery” status (Delivery/Transferred for delivery), or after the User has accepted the Yandex.Split Terms of Use (https://yandex.ru/legal/yandex_split) or the terms of the agreement on the payment procedure, or any other similar agreement with the Credit Institution or the Customer, at the initiative of the User or the Contractor, or in case the User returns the said Order or the Customer's Goods purchased by the User on condition of payment in installments within thirty (30) days from the moment when the Order was assigned “Delivery” status (Delivery/Transferred for delivery), the cost of organization of payment in installments for Users shall be reduced in respect of the Goods which represent the cancelled part of the Order or which were returned by the User, in connection with the Reporting Period during which the said cancellation or return of the Order or Goods of the Customer took place. In this case the cost of organization of payment in installments for Users during the Reporting Period in connection with which it was accrued shall not be recalculated, the service of organization of payment in installments for Users shall be considered to be properly rendered and shall be paid for. The Contractor reserves the right to refund the paid cost of organizing payment in installments for Users, in particular, upon the Customer's request.

For the purposes of this Clause 4.2, the day when the Contractor refunds the money to the User shall be deemed the moment of canceling the Order or returning the Order or the Goods.

4.3 The status of the Order shall be displayed in the Personal Account. The status of the Order which contains the Customer's Goods shall also be available in the detailed report on the statistics via the Personal Account.

5. The Parties have agreed that during the term set by the Contractor in the Customer's Personal Account, the Customer's Goods may be purchased by the Users on condition of payment in installments in accordance with the Yandex.Split Terms of Use (https://yandex.ru/legal/yandex_split). In this case the cost of service of organization of payment in installments for Users rendered by the Contractor to the Customer in accordance with this Clause 8 within the period set by the Contractor in the Customer's Personal Account shall not be charged separately and shall be included in the cost of the Services under the Agreement.

Schedule 5

Procedure for and Conditions of Returning Goods Purchased on the Service by the Consumer (delivery services) (Schedule 3 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad)

1. The Consumer shall file an application for return of the Goods on “My Orders” page in the Consumer's personal account on the Service. Upon expiration of fourteen (14) calendar days from the date of receipt of the Goods by the Consumer, the Consumer wishing to return the Goods shall submit the said application directly to the Customer.

2.In case the Customer fails to comply with the provisions of the Russian Federation Law Concerning the Protection of Consumer Rights, the Contractor shall have the right to decide, at its sole discretion, on the refund of funds to the Consumer which may affect the Customer's quality index.

3. If the Customer receives the Consumer's request for return of Goods, the Customer shall notify the Contractor of the satisfaction/rejection of the Consumer's request within two (2) business days, providing the Contractor with information on the date of receipt of the return shipment and the number of the Order.

4. The Goods shall be accepted by the Contractor for safe custody in the cases stipulated by the Agreement, as well as in the following cases:

If the Customer refuses to accept or is unable to accept the Customer's return consignment
When the Consumer sends the return shipment to the Contractor.

4.1 If the Contractor accepts the Goods for safe custody pursuant to the procedure set forth in Clause 4 hereof, the Customer undertakes to consider the Consumer's claim within two (2) business days from the moment of receipt of the Contractor's notice of the Consumer's return shipment.

5. The Contractor's representative shall have the right to contact the Consumer in order to clarify the reason for the return, if it is not obvious from the application for return filled in by the Consumer, and in order to clarify the information missing in the application.

6. The Contractor shall inform the Customer's store via the Personal Account or e-mail address and/or phone number specified in the Application (Clause 2.4 of the Agreement) and/or Personal Account in the “Returns and Claims” section about the Consumer's intention to return the Goods, specifying the reason for return. Such notice shall be sent not later than the next business day following the date of receipt by the Contractor of information about the Consumer's application for return of the Goods. Personal data of the Consumer obtained under this Clause shall not be transferred by the Contractor to the Customer.

7. If necessary, the Customer shall be entitled to advise the Consumer on the procedure for using the Goods, as well as on other aspects that served as a reason for returning the Goods. Such advice shall be provided by sending a message intended for the Consumer by the Customer to the Contractor via the feedback form or to the following e-mail address: promises@market.yandex.ru . Such advice shall be provided by the Customer to the Consumer immediately after receipt of the Contractor’s notice of the Consumer's intention to return the Goods, but in any case not later than on the calendar day following the day when the Contractor sent the notice of the Consumer's intention to return the Goods to the Customer.

8. After sending the Customer a notice of the Consumer's intention to return the Goods, the Contractor shall inform the Consumer about the procedure for returning the Goods via his/her personal account and/or by phone and/or e-mail (subject to the Consumer's availability via these communication channels). Also, information on the procedure for returning the Goods is available to the Consumer in the “Help” section at https://yandex.ru/support/market/return/terms.html.

9. The Consumer may return the Goods by sending or delivering the Goods to the address specified in the Consumer's personal account or by other methods offered on the Service. In case the Consumer returns oversized Goods for reasons related to substandard quality of the Goods, provision of improper (incomplete) information about the Goods to the Consumer, the Goods may be delivered from the Consumer to the Customer by the Contractor (subcontractor engaged by the Contractor), at the relevant Consumer's request. Also at the Consumer's request, the Customer may provide services of quality assessment and/or repair of the Goods at the location of the Consumer/Goods.

10. The Consumer shall have the discretion to choose the method of filing claims connected with the returned goods:

They may fill in the electronic application form in PDF format via the Personal Account on the Service;
They may send a written claim to the registered address of the Customer/Contractor;
They may send an application using the Contractor's Feedback Form.

11. If the Consumer sends the returned Goods using their own resources, they shall inform the Contractor and/or the Customer about sending of the Goods (in particular they made provide the tracking number of the parcel) and shall send a copy of the receipt for the amount charged in connection with the services rendered by the Russian Post or other delivery service specified on the Service (in case of returning the Goods for reasons related to the substandard quality of the Goods or improper (incomplete) information about the Goods). The Contractor and the Customer, depending on whom the Consumer contacted and/or sent the Goods for return, undertake to transfer to each other information about the returned Goods, return shipping costs, shipment track number and other information related to the return of the Goods within one (1) business day from the date of receipt of information from the Consumer or from the date of receipt of the Goods.

12. If the Consumer sends the returned Goods to the Customer, the latter undertakes to receive the Goods (regardless of the reason for return of the Goods, in particular in case of returning Goods of proper quality). The Customer shall open the parcel (if necessary) and transfer the following information about the receipt of the Goods to the Contractor (via the feedback form) within two business days following the date of receipt of the Goods by the Customer:

Order number in the Yandex Marketplace system (if identified)
Name of sender/applicant
Name of the Goods;
General condition (whether the original packaging is damaged, whether there are signs of use, whether there is visible or other damage)
In case of returning the Goods of substandard quality – a photo of the Goods and consumer packaging
If necessary, the Contractor shall request from the Customer materials documenting the condition of the Goods returned by the Consumer (if the Goods of substandard quality are returned), e.g. photos.

13. Within five (5) calendar days from the date of receipt of the Goods specified in Clause 12 of this Schedule, the Customer shall make a decision on the Consumer's application concerning return of the Goods and refund of the money paid for them (including a decision to conduct an expert examination of the Goods or a decision to transfer the Goods for warranty repair or other decision provided for by the consumer right protection legislation, if there are relevant grounds). The Customer shall immediately notify the Contractor in writing of the decision made, specifying the grounds for making this or that decision, via the feedback form. If necessary, the Contractor shall send the Customer's decision to the Consumer on the next business day upon receipt of the Customer's decision.

14. Within the period specified in Clause 13 of this Schedule the Customer shall notify the Contractor of the following:

The necessity of expert examination of the Goods, as well as the time and place of expert examination;
Consumer's consent to warranty repair of the Goods, the dates and procedure for warranty repair, as well as the dates and procedure for returning the Goods to the Consumer;
Determination of the fact that the Goods are unrepairable based on the results of expert examination or other established procedures, as well as of the need to refund money to the Consumer if there are appropriate grounds therefor;
Any other event related to the consideration of the Consumer's application.

15. The Customer shall make decision on the refund and notify the Contractor thereof in order for the Contractor to make the refund to the Consumer (unless the Customer has made a different decision on the grounds provided for by the legislation) within the period of time provided for by the consumer right protection legislation. In any case, such term shall not exceed 10 calendar days from the date of receipt of the returned Goods by the Customer at the address where the Customer receives the returned Goods. If the Customer has not sent the Contractor a notice of the decision made within the term set forth in this Schedule, the Contractor shall be entitled to return the funds to the Consumer within the term established by law at the Customer's expense, in which case the Customer shall compensate the amount refunded by the Contractor to the Consumer, as well as other expenses related to the satisfaction of the Consumer's claims.

In case of the Consumer's request for refund in connection with the Goods of substandard quality or proper quality (refund within 7 days), the Contractor shall have the right to decide, at its sole discretion, on refund in connection with such Goods on the basis of photos/video footage provided by the Consumer, opinion of an authorized maintenance shop confirming that the relevant defect is a workmanship defect, without the Customer's consent.

The Contractor's independent decision to return the funds to the Consumer's account may be challenged by the Customer within thirty (30) calendar days from the date of arrival of such Goods at the Warehouse, provision of the relevant documented evidence shall be mandatory (opinion of an authorized maintenance shop, expert opinion).

16. In case of arrival of a consignment containing Goods at the Contractor's Warehouse, the Contractor shall have the right to notify the Customer thereof, and the Parties shall additionally agree on the conditions of transfer of such Goods to the Customer by means of e-mail or Personal Account.

17. At any stage of the process of returning the Goods by the Consumer, the latter may file a claim against the Customer's store and engage the Contractor's Arbitrator to assist in resolving the dispute/issue which arose within the scope of relations with the Customer pursuant to the procedure provided for in Schedule 4.1 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad.

18. The refund to the Consumer shall be made pursuant to the procedure and under the terms and conditions set forth in Schedule 4.1 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad.

Schedule 6

Customer's Goods/Consignment Disposal

1. The Customer undertakes to ensure availability of Goods of proper quality that meet the quality requirements set forth in the Agreement and Schedules thereto at the Warehouse.

The Goods shall be accepted for storage in accordance with Schedules 3 to the Yandex Market Marketplace Service Terms and Conditions for Customers placing offers for Products from abroad.

2. For the purposes of the Agreement and this Schedule, the categories of Goods and Consignments specified below shall not be deemed to be of proper quality:

2.1. FBS-model consignment kept at the sorting facility and/or Pick-up Point for more than 60 calendar days from the date of its receipt by the Contractor, regardless of its consumer performance and marketable condition.

3. In case the Contractor discovers the Goods/Consignments listed in Clause 2 of this Schedule at the sorting facility, Warehouse and/or Pick-up Point, the Contractor shall notify the Customer (by any of the ways mentioned in Clauses 5.1, 5.2 of the Agreement) of the necessity to remove the Goods/Consignments specified in the notice from the sorting facility, Warehouse and/or Pick-up Point.

4. Procedure for Notifying the Customer:

4.1 The Contractor shall notify the Customer of the need to remove the Consignments mentioned in Clause 2.1 hereof, that was not accepted or returned by the Consumer, from the sorting facility and/or Pick-up Point of the Contractor by sending a message that such Consignments were marked as follows: “Returned order ready for transfer” in the Personal Account using any of the methods provided for in Clauses 5.1, 5.2 of the Agreement (“Notice”).

Message on assignment of “Returned order ready for transfer” status to the abovementioned Consignments in the Personal Account shall be deemed a proper notice of the necessity to remove the Consignments specified in the notice and shall entail the consequences specified in the clauses of this Schedule below.

The Contractor shall have the right not to send any other notices to the Customer in respect of abovementioned Consignments, including any notices of sending them for disposal, if the Customer failed to comply with the obligation to remove such Consignments from the sorting facility and/or Pick-up Point.

5. The Customer shall remove the Goods/Consignments specified in the Contractor's notice within 60 calendar days from the date of its receipt.

6. The following dates shall be deemed the date of receipt by the Customer of the Contractor's notice:

In case of sending a registered letter with return receipt – the date indicated in the return receipt
In case of sending the notice by fax – the date recorded in the fax report or specified on the document issued by the communication device
In case of sending the notice by e-mail – the date of sending the correspondence recorded in the sender's e-mail box
In case of sending the notice via the Personal Account – the date when the relevant information appears in the Customer's Personal Account recorded therein
In case of delivery by courier – a mark confirming receipt (date, full name of the official who accepted the letter) indicated on the hard copies provided by the courier.

7. The Customer’s failure to remove the Goods/Consignments mentioned in Clauses 2.1 hereof and specified in the notice from the sorting facility, Warehouse and/or Pick-up Point within 60 calendar days from the date of receipt of notice, shall constitute a breach of the Agreement and this Schedule by the Customer.

8. The Parties have agreed that the Customer's failure to remove the Goods/Consignments indicated in Clause 2.1 of this Schedule and its failure to submit a Request for disposal upon expiration of 60 calendar days from the date of receipt of the notice, shall be a proper confirmation of the Customer's breach of obligations in relation to the Goods/Consignments indicated in Clause 2.1 hereof.

9. If within 60 calendar days from the date of receipt of notice, the Customer has not removed the Goods/Consignments indicated in Clause 2.1 of this Schedule and specified in the Notice from the sorting facility, Warehouse and/or Pick-up Point, the Contractor shall have the right to dispose of them at its own discretion without transfer of title to the said Goods/Consignments to the Contractor, in particular, to dispose of them (transfer them to a disposal company) without obtaining additional consent of the Customer.

9.1 In case of occurrence of the conditions specified in Clauses 7-9 hereof, the title to the Goods/Consignments shall belong to the Customer and shall not be transferred to the Contractor and/or third parties performing disposal of the Goods/Consignments (disposal company).

9.2 In case of disposal of the Goods/Consignments in cases listed in this Schedule, the Contractor shall stop bearing the risk of loss of/damage to the Consignment/Goods from the moment of transfer of the Consignment/Goods to the disposal company chosen by the Contractor under the Delivery and Acceptance Certificate, and such fact shall also be confirmed by the Certificate of Release of Goods from Safe Custody according to Clause 17 of this Schedule or by any other similar document confirming the fact that the Consignment/Goods were transferred for disposal.

From the moment of transfer of the Goods for disposal, the Customer shall not be entitled to demand:

a) Transfer (return) of the Goods in their original condition, in particular due to changes in their physical condition and transfer by the disposal company to “Waste” category

b) Payment of the value of the Goods transferred for disposal in accordance with the terms of the Agreement.

9.3 The Customer agrees that from the date of disposal the title to all raw materials, components, recycled materials, products, waste and other things that appeared in the process of disposal of the Goods shall be vested in the disposal company which shall be entitled to own, use and dispose of them on its own. The Customer shall not have any property rights to the raw materials, components, recycled materials, products, waste and other things that appeared in the process of disposal.

10. The Contractor shall have the right to consider the Customer's failure to remove with assistance of the Carries the Goods/Consignments specified in the Notice from the sorting facility, Warehouse and/or Pick-up Point and refusal to reimburse the costs of the Carrier’s services for the delivery of Goods and re-export within 60 calendar days from the date of its receipt, as the breach of the Agreement,. The Contractor shall have the right to send the Customer a claim for payment of a penalty of RUB 25 per one unit of Goods/Consignment which the Customer shall pay within 10 business days from the date of the relevant claim.

11. The Contractor shall have the right to withhold the penalty for violation of the terms and conditions of the Agreement and this Schedule when transferring funds under the Agreement to the Customer.

12. The Contractor shall engage third parties when it transfers of Goods/Consignments for disposal (Clause 9 of this Schedule).

13. The Customer is made aware of the fact that the Contractor is not a waste disposal company and/or a waste collection company and is not licensed to carry out the relevant activities.

13.1 In case of the Customer’s violation of the conditions stipulated in Clause 1 of Schedule 3.1, as well as in case of claims from third parties, the Customer shall reimburse the Contractor for losses in the amount of actual damage caused by the Customer's wrongful acts. Losses caused to the Contractor shall be calculated by calculating all costs (expenses) of the Contractor which the Contractor has incurred or will have to incur to restore its violated rights, including, but not limited to, the costs of the Contractor's elimination of the consequences of the Customer's violation of the assumed obligations, performed using the Contractor’s own resources.

14. The Contractor shall have the right to request, and the Customer undertakes to provide, additional documentation necessary for transfer of the Goods/Consignments for disposal (Clause 9 hereof), , within five (5) business days from the date of receipt of the Contractor's request.

15. If the Customer’s violation of Clause 14 of this Schedule, and/or provision by the Customer of unreliable information about the Goods/Consignments, served as grounds for claims, suits and/or orders to pay penalties filed and/or issued by the public authorities and/or third parties against the Contractor or a third party engaged by the Contractor, the Customer undertakes to provide the Contractor, immediately, upon the Contractor's request, with all requested information (documents) concerning the respective Goods/Consignment, to assist the Contractor in settling such claims and suits, and also to indemnify the Contractor for the losses (including court expenses, fines) inflicted on the Contractor due to the fact that any claims, lawsuits, orders were filed/issued against the Contractor or a third party engaged by the Contractor as a result of infringement of the third party rights and/or violation of the effective laws of the Russian Federation by the Customer.

16. In case the Contractor is unable to transfer the Goods/Consignments for disposal (Clause 9 of this Schedule), through the Customer's fault, the latter shall reimburse the Contractor for the expenses actually incurred within ten (10) business days from the date of receipt of the Contractor's claim.

17. If the Goods/Consignments were transferred for disposal as a result of the Customer's violation of the terms and conditions of the Agreement and this Schedule, the Certificate of Release of Goods from Safe Custody that may be drawn up in the Customer's Personal Account shall be the only document confirming release of such Goods from the safe custody. At the same time the Customer shall have the right to request, and the Contractor shall provide, the documents confirming the fact of disposal of the Goods/Consignments specified in the Contractor's notice only in case the Customer receives a relevant request from the public regulatory agencies.

Previous version of the document: https://yandex.ru/legal/marketplace_crossboard_terms_eng/30052024

Previous version of the document: https://yandex.ru/legal/marketplace_crossboard_terms_eng/06052024

Previous version of the document: https://yandex.ru/legal/marketplace_crossboard_terms_eng/02042024

Previous version of the document: https://yandex.ru/legal/marketplace_crossboard_terms_eng/18032024

Previous version of the document: https://yandex.ru/legal/marketplace_crossboard_terms_eng/27122023