Purchaser Claims and Arbitration

The document is invalid and has no legal force.

This document shall be valid if published at: https://yandex.kz/legal/market_order_arbitr.

Publication date: 25 May 2017

Effective date: 25 May 2017

1. Terms and Definitions

Yandex.Market Service (Service) — all the websites (including but not limited to those published on the Internet at: http://market.yandex.ru; http://market.yandex.ua), software applications (including mobile device programs) by Yandex or its Affiliates providing access to the Yandex.Market Database.

Ordering at Market (the Market Ordering option, the Option) – an option of Yandex.Market enabling the User to order and pay for products/services (enter into sale and purchase agreements for products / paid services agreements) at Yandex.Market (https://yandex.kz/legal/market_order_users_terms).

Yandex — "YANDEX" limited liability company (location: 16, Leo Tolstoy St., Moscow 119021, Russia, OGRN (Primary State Registration Number) 1027700229193).

Customer – Yandex.Market advertiser and customer, who entered into a Services Agreement with Yandex.Market based on terms of the Yandex.Market Services offer (https://yandex.kz/legal/oferta_market).

Seller – a counterparty, which entered into an agreement for communication and technological interaction in the course of transfers made by individuals while placing orders at Yandex.Market under the terms published at https://money.yandex.ru/yandexmarket/agreement, within the framework of which the Operator provides communication and technological services to the counterparty, including collection, processing and conveyance of information on transfers made by individuals to the counterparty when placing orders at Yandex.Market, whereas Yandex ensures communication between the parties to the above agreement. Should the Customer be a party other than the Seller, the latter shall be held liable for all actions of the Customer at Yandex.Market within the Market Ordering option, and shall, among other things, warrant that all actions of the Customer, who publishes advertising material at Yandex.Market providing a link to the Seller’s Store, for the purpose of entering into sale and purchase agreements for products / paid services agreements / license agreements, etc., between the Seller and Yandex.Market Users, are carried out with the Seller’s sanction.

User – an individual visiting/using Yandex.Market.

Purchaser – a User placing an order for products/services with the Customer Store at Yandex.Market within the Market Ordering option.

Operator – “Yandex.Money” Non-Bank Credit Organization Limited Liability Company (location: 11, Timur Frunze St., building 44, Moscow 119021, Russia, OGRN (Primary State Registration Number) 1127711000031).

This document may contain terms not defined in this section Terms and Definitions. In this case, such terms shall be interpreted in accordance hereof. In the absence of a clear interpretation of such terms in the text of this document, they shall be primarily interpreted in accordance with their definition in the Yandex.Market Services Offer (https://yandex.kz/legal/oferta_market), secondly – in accordance with the document titled Ordering at Yandex.Market. Terms for Stores (https://yandex.kz/legal/market_order_terms), thirdly – in accordance with the laws of the Russian Federation, fourthly – in accordance with their definition at Yandex.Market, then – in accordance with their definition existing (common) on the Internet.

2. Return/Replacement of Goods. Service Cancellation by the Purchaser. Termination of the License (Sublicense) Agreement by the Purchaser

Regulations defined herein shall apply, if the Order, within which Goods have been purchased, services agreement or license (sublicense) agreement has been entered into, was placed and paid for by the Purchaser at Yandex.Market (the Market Ordering option).

2.1. Return of Goods of Adequate Quality

2.1.1. If the Purchaser cancels his/her purchase of goods of adequate quality before transfer thereof to the Purchaser, the Seller shall refund the amount paid by the Purchaser for the goods, except for cases, when the goods are of specific nature and can be used exclusively by the Purchaser, who ordered them.

2.1.1.1. In the case specified in par. 2.1.1 above, the Purchaser shall cancel purchase of goods directly on the respective Order interface within the Service through correspondence with the Seller.

2.1.1.2. In the case specified in par. 2.1.1 above, the Seller shall be entitled to require an original request for return of goods of adequate quality from the Purchaser. However, the above shall not be a ground for changing time for refund for the goods rejected by the Purchaser, which begin to run from the moment the Purchaser clicks Product Return button (or a similar button) on the respective Order interface.

2.1.2. If the Purchaser rejects the purchased goods of adequate quality within 7 (seven) days upon transfer thereof, the Seller shall refund the amount paid by the Purchaser, except for cases when the goods are of specific nature and can be used exclusively by the Purchaser, who ordered them.

2.1.2.1. In the case specified in par. 2.1.2 above, the Seller shall accept a request for return of goods submitted by the Purchaser on the respective Order interface within the Service, as properly filed

2.1.2.2. In the case specified in par. 2.1.2 above, the Seller shall be entitled to apply for an original request for rejection of goods of adequate quality from the Purchaser. However, the above shall not be a ground for changing time for refund for the goods rejected by the Purchaser, which begin to run from the moment the Purchaser submits the request on the respective Order interface.

2.1.3. Refunds to the Purchaser under par. 2.1 herein shall be made in the manner provided for by the par. 2.5.

2.2. Replacement of Non-Food Products of Adequate Quality

2.2.1. If the Purchaser requests replacement of non-food products of adequate quality (if the product does not meet the Purchaser’s requirements to shape, dimensions, model, colour, size, or are incomplete) on the respective Order interface within the Service within 14 (fourteen days) since delivery thereof to the Purchaser (less the delivery day), the Seller shall replace the product. If there are no products of the similar kind available for sale on the day when the Purchaser submits a respective request, the Seller shall refund the amount paid by the Purchaser for the product within 3 (three) days upon return of the product to the Seller.

2.2.2. If the product mentioned in par. 2.2.1 above is listed as a non-returnable or non-replaceable non-food product of adequate quality, which cannot be replaced with a similar product of a different size, shape, dimensions, model, colour or with different package contents (Decree of the Government of the Russian Federation of January 19, 1998 under No. 55), product replacement or refund shall be effected at the discretion of the Seller.

2.2.3. The Seller shall accept a request for product replacement (refund in case of no product of similar kind available for sale) submitted by the Purchaser on the respective Order interface in My Orders section, as properly filed.

The Seller shall be entitled to apply for an original request for product replacement (refund in case of no product of similar kind available for sale) from the Purchaser. However, the above shall not be a ground for changing time for refund, which begin to run from the moment the goods are returned to the Seller by the Purchaser.

2.2.4. Refunds to the Purchaser under par. 2.2 herein shall be made in the manner provided for by the par. 2.5.

2.3. Rescission of the Services Agreement by the Purchaser. Termination of the License (Sublicense) Agreement

2.3.1. Paid services agreement entered into through placing an Order with Yandex.Market, shall be terminated in the manner and in cases provided for by the Law of the Russian Federation Concerning Consumer Protection and the Civil Code of the Russian Federation. The Store shall comply with requirements provided for by the law in case of provision of services of inadequate quality to the Purchaser.

2.3.2. License (sublicense) agreement entered into through placing an Order with Yandex.Market, shall be terminated in the manner and in cases provided for by the Law of the Russian Federation Concerning Consumer Protection and the Civil Code of the Russian Federation.

2.3.3. Refunds under par. 2.3 herein, as well as refunds (full or partial) due to provision of services of inadequate quality or improper performance under the license (sublicense) agreement, shall be made in the manner provided for in par. 2.5 of this document.

2.4. Return/Replacement of Goods of Inadequate Quality / Incomplete Goods

2.4.1. In case of transfer of goods of inadequate quality (including incomplete goods) to the Purchaser, the Seller shall be governed by requirements of the Law of the Russian Federation Concerning Consumer Protection and the Civil Code of the Russian Federation.

2.4.2. Refunds (full or partial) to the Purchaser due to sale of goods of inadequate quality (including incomplete goods), shall be made in the manner provided for in par. 2.5 of this document.

2.5. Refund Procedure

2.5.1. In cases stipulated in par. 2.1-2.4 herein, as well as in other cases of refunds to the Purchaser for the Orders, payment for which was made at Yandex.Market using the Market Ordering option, money due to the Purchaser shall be transferred to his/her account by the Operator in the manner provided for by the agreement (https://money.yandex.ru/yandexmarket/agreement).

2.5.2. Refunds made by the Operator to the Purchaser under par. 2.5.1 herein, shall be deducted by the Operator from the amount of the Purchasers’ funds due to the Seller for other Orders placed with the Seller’s Store within the Market Ordering option, or from funds credited by the Seller to the Operator’s bank account in the manner provided for by the agreement (https://money.yandex.ru/yandexmarket/agreement).

2.5.3. Unless otherwise prescribed in par. 3 herein, a ground for refund of the amount due to the Purchaser by the Operator shall be the Customer’s directive initiated by enabling a refund procedure for a certain order in the Web-based interface, in which case the Customer shall indicate a reason for refund and amount to be refunded to the Purchaser on the Order interface, and, if the amount due is less than the amount paid by the Purchaser (in case the Seller deducts the cost of delivery of the goods of adequate quality from the Purchaser, or in case of a partial refund due to reduction in value of the goods of inadequate quality or incomplete goods), the Customer shall indicate the ground for deductions or partial refund.

3.Purchaser Claims and Arbitration

3.1. The Market Ordering option offers an opportunity to the Purchaser, who paid for the Order at Yandex.Market, to file claims to the Seller, in case the latter violates terms of the agreement entered into with the Purchaser (including violation of delivery time, delivery of Goods of poor quality or damaged/incomplete Goods, problems with replacement/return of the Goods, provision of services of inadequate quality, etc.).

3.2. The Purchaser shall file a claim, if upon expiry of one calendar day since he/she contacted the Seller on the respective Order interface at Yandex.Market the Purchaser receives no reply from the Seller/Customer or if the Purchaser is not satisfied with the solution offered by the Seller.

3.3. The Purchaser shall be entitled to engage an Arbitrator from the Yandex.Market Quality Control Department (“The Arbitrator”) for settling the claim in 3 (three) calendar days upon filing thereof.

3.4. The Seller/Customer shall provide documents requested by the Arbitrator for resolving the claim (for instance, packing list, consignment note, certificate of acceptance, schedule of enclosures, expert report, etc) within 3 (three) days upon the Arbitrator’s request on the respective Order interface. Following the Seller’s/Customer’s reasoned request, the above term may be extended for three more days. If the Seller/Customer fails to provide documents requested by the Arbitrator, the latter may find for the Purchaser with regard to the claim filed, especially if non-violation of the Agreement with the Purchaser by the Seller cannot be verified by other documents/information presented to the Arbitrator.

3.5. Tentative term for examination of a claim by the Arbitrator shall be 10 calendar days. The Arbitrator may extend the above term if the Purchaser and/or the Seller/Customer fail to provide required documents/information.

3.6. Based on results of the examination of the claim, which has not been settled by the Purchaser and the Seller, the Arbitrator may find for the Seller or the Purchaser, being governed by documents and information provided by the parties in the course of the examination.

3.7. If the Arbitrator finds for the Purchaser, the Seller shall perform the Arbitrator’s award with regard to the claim.

If the Seller disagrees with the Arbitrator’s award, the Seller/Customer shall be entitled to appeal against it using a feedback form (http://feedback2.yandex.ru/partnermarket/cpa/other) within one calendar day since the awarding. In this case the Seller’s reasoned objections shall be reviewed by another Arbitrator, whose award for the Seller or the Purchaser shall be final.

3.8. By using the procedure described herein, Yandex shall assist the parties in examination of claims related to performance of obligations by the Seller provided for by the agreement entered into with the Purchaser. However, Yandex shall not be a party authorized by the Seller to acknowledge and satisfy consumer demands with regard to products/services/works of inadequate quality, or to accept funds to its bank account from the Users placing orders for the Seller’s goods with Yandex.Market. Such claims shall be acknowledged and satisfied directly by the Seller.

By engaging the Arbitrator for settling differences between the Purchaser and the Seller, the parties shall not waive their right to settle the dispute by any other means provided for by the law.

Previous version of the document: https://yandex.kz/legal/market_order_arbitr/14102015.