Yandex.Market Terms of Goods ordering
This document shall be valid if published at: https://yandex.kz/legal/market_order_users_terms/.
Publication date: 24 October 2016
Effective date: 24 October 2016
This document shall govern the terms of the User's Goods ordering from the Sellers' stores within Yandex.Market.
By ordering Goods from the Seller's store within Yandex.Market the User agrees to the requirements and provisions set forth in these "Yandex.Market Terms of Goods ordering".
1. Terms and definitions
1.1. For the purposes of these Terms, the following terms shall have the meaning given below:
Terms — these "Yandex.Market Terms of Goods ordering" published on the Internet at https://yandex.kz/legal/market_order_users_terms/
Yandex.Market Service (Service) — all the websites (including but not limited to those published on the Internet at: http://market.yandex.ru; http://market.yandex.ua, http://market.yandex.xx), software applications (including mobile device programs) by Yandex.Market or its Affiliates providing access to the Yandex.Market Database. For the purposes of this document, symbol "xx" used in the domain names specified herein shall mean any top or second-level domain extension in which Yandex.Market administrates a domain with the specified name and provides an opportunity to use an option allowing the Users to order Goods from the Store directly within the Service.
Goods — in this document "Goods" shall mean a product, service, Digital Goods, except so far as otherwise directly appears from the Terms.
Digital goods — intellectual property (e-book, software application, audio book, etc.) operated by the User under a license agreement entered into with the Seller by the Seller’s granting the User a right to operate Digital Goods (a non-exclusive license) under the terms set out in the license agreement published on the Seller's website and/or in the online end user documentation for the Digital Goods.
User (Purchaser) — an individual having legal status and capacity, who is a visitor of the Internet information resources or a software application (including mobile device programs) user, submitting an Order for personal, family, domestic and other needs not related to any business activity.
Authorized user (Authorized Purchaser) – the User (Purchaser), having registered on the Service. Authorization is available for the User (Purchaser) via registration on http://passport.yandex.ru/passport?mode=register, or via social network.
Store (Seller) — an entity with which the User enters into an Agreement when submitting the Order. Data on the Seller shall be available to the User making an Order in the Order form within the "Seller Data" section.
Agreement — sale and purchase agreement/paid services agreement/license agreement entered into between the Store and the User placing the Order.
Product Offering — offer for the sale of Goods prepared and posted by the Seller (including the Seller’s representative – the buyer of Yandex.Market services (according to «Yandex.Market» Service Offer (https://yandex.kz/legal/oferta_market/)) in respect of which the User may enter into Agreement with the Seller by placing the Order within the Service.
Order — the User's actions aimed at entering into an Agreement with the Seller by ordering Goods from the Store directly within the Service.
Yandex.Market — "Yandex.Market" limited liability company (location: 16, Leo Tolstoy St., Moscow 119021, Russia, OGRN (Primary State Registration Number) 1167746491395).
1.2. The Terms may contain the terms not defined in clause 1.1. hereof. In this case such terms shall be interpreted in accordance with the text of the Terms. In the absence of an unambiguous interpretation in the text of the Terms, such terms shall be primarily interpreted in accordance with the legislation of the Russian Federation, secondly – in accordance with the definition on the Yandex.Market service and the "Help" section at https://yandex.ru/support/market/, and then — in accordance with the definition existing (common) on the Internet.
2. Basic Terms of Ordering and Payment for Goods on Yandex.Market
2.1. Before Purchasing from the Market, the User shall review all the terms of purchasing goods/services provided (prepared and published) by the Seller on the Service. Manifest errors including misprints made by the Seller in the Goods description shall not be legally binding.
2.2. When making an Order, the User shall enter into an Agreement as well as into the direct contractual relationship with the Seller (Store) from which he/she purchases Goods. By placing the Order with the Service, the User agrees to all material terms of sale of Goods/provision of services by the Seller or with all material terms of the License Agreement entered into with the Seller.
2.3. Material terms of the Agreement entered into between the Seller and the User shall be specified in the Goods description provided by the Seller (including the Seller’s representative – the buyer of Yandex.Market services) and published on the Service in the Order form.
2.4. By placing the Order, the User agrees that the Seller may assign performance of the Agreement to a third party while remaining liable for its performance.
2.5. For the purposes of the Order, Yandex.Market shall provide the User with information support in relation to the Agreement entered into between the User and the Seller.
2.5.1. All the rights and obligations under the Agreement entered into with the User shall be accrued directly to the Seller.
2.6. Yandex.Market shall not provide any paid services within the Service, particularly, if the User places the Order.
2.7. The User hereby agrees that the personal data provided by him/her/it to Yandex.Market while using the Service, particularly, when placing the Order, may be transferred by Yandex.Market to the Seller ( (including the Seller’s representative – the buyer of Yandex.Market services with regard to Seller’s store product offerings on Yandex.Market) with which the User enters into the Agreement for the purposes of the Seller's performance of the specified Agreement with the User. The User hereby agrees that Yandex.Market shall be entitled to store the User’s personal data as well as the personal data of the consignee specified by the User within at least three years following the date when the relevant Order was fulfilled by the Seller.
The Seller or the Seller’s representative mentioned herein can be residents of a foreign country, wherefore the User confirms its consent to the cross-border transfer of personal data for the purposes specified herein.
The User guarantees that it is entitled to provide the consent specified herein in relation to (for) third parties (order recipients) and is liable for violations of this guarantee, which caused damages to Yandex.Market, in the amount of such damages and legal expenses of Yandex.Market or expenses of Yandex.Market for the settlement of third-party claims, when such claims are related to violations of the guarantee referred to herein by the User.
2.8. For the Authorized user the information on the Order placed by the such Authorized user shall be available in "My orders" section of the Service. The Authorized user shall be able to review or cancel the Order within this Service section. Procedure for modifying/cancelling the Order is described at https://yandex.ru/support/market/shops/faq.xml.
2.8.1. In case the User is not an Authorized user, for the purpose of cancellation or review of its’ Order such User shall deal directly with the Seller. Notwithstanding the reasons, in no case Yandex.Market shall be liable for the impossibility of cancellation or review of such Order.
2.9. By placing the Order with the Service, the User agrees to receive (i) e-mails sent to the User by Yandex.Market: after processing the Order; in case of changes to the Order; prior to the Goods delivery date, in case of the Order cancellation by the Store, in any other case affecting fulfillment of the Order or timely notification of its status, (ii) SMS to the phone number specified by the User, as well as (iii) phone calls offering to assess the performance of the Service and the Store to the number specified by the User.
2.10. By placing the Order, the User acknowledges that he/she а) has read all the provisions of these Terms, b) understands the provisions hereof as well as the subject and terms of the Agreement entered into with the Seller, c) fully realizes the significance and consequences of his/her/its actions in respect to executing and performing the Agreement with the Seller.
2.12. When placing the Order with the Service, the User shall provide reliable data on himself/herself/itself and the consignee. If the User, who made a prepayment for the Order to the Seller within the Service, fails to comply with the above, Yandex.Market shall be entitled to deny the User assistance in settling possible claims to the Seller by engaging an arbitrator from the Yandex.Market Quality Control Department (“The Arbitrator”) pursuant to the Section 7 of these Terms.
3. Ordering. Entering into an Agreement with the Seller.
Only those Product offerings which are marked by the button "To Cart" or any similar button within the Service shall be available for order. Having reviewed the Product offerings within the Service, as well as information about the Goods on the Seller’s website (link to which is available to the User in the respective Product Offering), the User shall order the Goods following the procedure described at https://yandex.ru/support/market/shops/order.xml, specifying all data required for the performance of the Agreement/Agreements by the Seller/Sellers, including but not limited to: the User personal data, delivery method, shipping address, full name of the consignee, contact details and payment method.
3.2. Execution of the Agreement:
3.2.1. If the User selects payment upon receipt as his/her preferred method of payment for the Order, the Agreement/Agreements with the Seller/Sellers, executed under the material terms specified in accordance with clause 2.3. hereof, shall be deemed entered into once the User clicks the "Submit Order" button (or any other similar button) in the Order form.
3.2.2. If the User selects prepayment as his/her preferred method of payment for the Order, the Agreement/Agreements with the Seller/Sellers, executed under the material terms specified in accordance with clause 2.3. hereof, shall be deemed entered into once the User clicks the Payment button.
Upon clicking the Payment button the User shall have two hours to effect a payment, with a payment session lasting 20 minutes, after which a message “Payment failed. Please try again” will pop up. If the payment is not effected within the time specified for any reason whatsoever, the Agreement/Agreements with the Seller/Sellers shall be deemed not to have been entered into.
3.2.4. Mutual obligations of the Seller and the User (Purchaser) related to the Goods transfer, payment for the Goods, provision of a service, granting of rights, other obligations under the Agreement arise when the User performs the actions specified in clauses 3.2.1 or 3.2.2 hereof (unless otherwise provided for in clause 3.3.1 or 3.2.2 of the Terms).
3.2.5. By performing the actions specified in clauses 3.2.1 or 3.2.2 hereof, the User acknowledges that:
the User has read all the information concerning the Goods/services;
before executing the Agreement, the User has read (including, if necessary, by getting in touch with the Seller or visiting its website) the information concerning: basic consumer properties of the Goods; name of the Seller's store; the Seller's address (location); full company name (name) of the Seller and its working hours; Goods place of manufacture and its manufacturer; Goods price and terms of purchase; period and other terms of Goods delivery, its service life, useful life and warranty period, payment procedure; regulations and terms for efficient and safe operation of Goods; Goods energy efficiency; mandatory compliance certification; a person who will perform the work (provide the service); validity term of the Seller’s offer to enter into an agreement; name of the technical regulations (other designation confirming the Goods conformance to the requirements of the technical regulations), use of audio tracks by the singers/musicians while providing entertainment services, as well as other necessary information about the Goods, provision of which to purchasers prior to entering into an Agreement with the Seller is stipulated by the customer protection laws or any other applicable laws.
3.3. Paying for the Order:
3.3.1. The User placing an Order with Yandex.Market shall be permitted to select one of the payment options available within the Service, namely:
220.127.116.11. payment for the Goods to the Seller upon receipt of products/services (for instance, cash or plastic card payment)
18.104.22.168. prepayment for the Goods to the Seller directly within the Service (for instance, plastic card payment or other methods available within the Service).
In some cases only one of the payment methods stated in par. 22.214.171.124 and 126.96.36.199 above may be available to the User (for instance, when ordering Digital Goods offered by the Seller to the User on non-tangible storage media).
If the User selects the payment option, stated above in par. 188.8.131.52 of the Terms, he/she shall pay for the Goods directly to the Seller. Yandex.Market is not authorized by the Seller to accept funds from the User as a payment for the Goods ordered from the Seller by the User, and shall not accept payments to its account.
4. Changes to Order. Order cancellation by the Seller. Rejection of Goods by the User.
4.1. Changes to Order
Notwithstanding the clause 2.8.1 hereof, the possibility to modify the Order is exercised in cases and under the procedure provided for at: https://yandex.ru/support/partnermarket/purchase/change-order.xml.
4.2. Order cancellation by the Seller
The Seller may cancel the Order if:
the User fails to pay the Seller for the Order (in case the User selected the payment option stated in par. 184.108.40.206 o the Terms)
the Seller fails to get in touch with the User/consignee using the contact details specified in the Order by the User
the User is not satisfied with the time of delivery (time period)
the User rejects the purchased Goods of proper quality to the extent provided for by the Russian Federation Act "Concerning the Protection of Consumer Rights"
the Seller is unable to perform the Agreement
the User is not satisfied with the Goods quality upon acceptance.
4.3. Rejection of Goods by the User
4.3.1. Yandex.Market shall provide the User with an opportunity to notify the Seller of the Order cancellation directly within the Service in cases listed below. The User shall refuse the Goods before delivery under the following procedure:
220.127.116.11. If the Order is not transferred for delivery, the User may cancel such Order to the extent and under the procedure described at https://yandex.ru/support/market/shops/faq.xml#how-to-cancel.
18.104.22.168. The User shall contact the Store by e-mail or phone to cancel the Order after it has been transferred for delivery.
If the User selected the payment option, stated above in par. 22.214.171.124 of the Terms, and once the Goods of adequate quality have been delivered to the User, he/she can reject the Goods directly within the respective Order interface in the course of correspondence with the Seller, in which case the User shall indicate the name of the products/services to be returned, quantity, reason for return, other necessary information, and shall attach a copy of a request for return of the Goods of adequate quality.
In this case the Seller may require an original request for return of the Goods of adequate quality from the User.
In the above case the Seller may refund money paid by the User for the Goods, less delivery cost and the Seller’s expenses for delivery of the returned Goods from the User, upon a respective request has been submitted by the User and the Goods have been returned to the Seller (provided the Goods’ marketable condition and customer appeal have been preserved).
If the User selected the payment option, stated above in par. 126.96.36.199 of the Terms, and once the Goods of adequate quality have been delivered to the User from the Seller, the User can reject the Goods by contacting the Seller directly (without using a respective Yandex.Market option).
4.4. Replacement of Non-Food Products of Adequate Quality
4.4.1. In order to have non-food products of adequate quality replaced in cases provided for by the law, the User may contact the Seller within the Order interface and submit a respective request in My Orders section within the Service. If there are no products of the similar kind available for sale on the day when the User submits a respective request, the Seller may refund the amount paid by the User for the Goods (less delivery cost and the Seller’s expenses for delivery of the returned Goods from the User), provided the Goods have been returned to the Seller, the Goods’ marketable condition and customer appeal have been preserved, and seals and manufacturer labels are intact.
The Seller may require an original request for return of the Goods (or for refund, in case of no goods of the similar kind available for sale) from the User.
5. Return/Replacement of Goods of Inadequate Quality
5.1. In cases provided for by the law, the User, who selected the payment option, stated above in par. 188.8.131.52 of the Terms, and whom the Seller delivered the Goods of inadequate quality, may demand a refund of the amount paid for the Goods from the Seller in the manner as follows:
5.1.1. The Seller shall decide on the refund based on the respective request from the User submitted within the appropriate Order interface (provided the defective Goods have been returned to the Seller), in which case the User shall indicate the name of the products/services to be returned, quantity, reason for return, other necessary information in the request, and shall attach a copy of the request for refund.
In this case the Seller may require an original request for refund from the User. The User shall return the Goods to the Seller at the expense of the latter.
5.2. If the User selected the payment option, stated above in par. 184.108.40.206 of the Terms, he/she may get a refund of the amount paid for the Goods by contacting the Seller directly without using the respective Order interface.
6. Information Support for Handling User Claims
6.1. Yandex.Market shall provide information support for handling User claims, provided the User has placed the Order directly within the Service.
6.2. Yandex.Market shall provide the User with an opportunity to solve any problem arising out of the Agreement with the Seller through correspondence with the latter directly within the respective Order interface in My Orders section. The User shall hereby agree that since the start of correspondence with the Seller within the Yandex.Market Order interface Yandex.Market shall have access to such correspondence subject to the Confidentiality Policy terms (https://yandex.kz/legal/confidential/).
6.3. The User, who selected the payment option, stated above in par. 220.127.116.11 of the Terms, shall be provided with an opportunity to engage an arbitrator from the Yandex.Market Quality Control Department (“the Arbitrator”) to settle possible claims to the Seller (Section 7 of these Terms). If the Seller fails to deliver the Goods the User has paid for, the User shall be guaranteed a refund of the amount paid for the Goods.
6.4. In case the Arbitrator engaged for settlement of differences between the Seller and the User finds for the User (with regard for possible appeal against the Arbitrator’s award by the User or the Seller), Yandex.Market shall guarantee a refund of the respective amount by the Seller to the User (within the amount paid by the User as stated in par. 18.104.22.168 of the Terms), provided the Goods have been returned to the Seller by the User.
6.4.1. Yandex.Market shall provide guarantees, mentioned in par. 6.4 of the Terms, to the User in addition to the Seller’s obligations stipulated by the User Agreement and customer protection laws at Yandex.Market (in case of the Seller’s failure to comply with the Arbitrator’s award).
6.4.2. Guarantees assumed by Yandex.Market under par. 6.4 of the Terms shall not be interpreted as its powers to satisfy demands of the Purchasers, including those relating to Goods of inadequate quality. Yandex.Market shall not be a party authorized by the Seller to acknowledge and satisfy consumer demands with regard to products/services of inadequate quality. Yandex.Market shall not provide any fee-based services to the User through Yandex.Market and shall not be held liable to the Users for the Orders they place, except for the obligation stated in par. 6.4 of the Terms.
6.4.3. Yandex.Market shall by no means whatsoever reimburse the User for any losses incurred as a result of sale of Goods or provision of services of inadequate quality by the Seller to the User, and shall not pay any penalties to the User for the Seller’s delay in performance of its obligations. The User shall file respective claims directly to the Seller based on the Agreements entered by and between the User and the Seller in compliance with the customer protection laws or any other applicable laws.
6.5. Yandex.Market shall provide the User with an opportunity to start correspondence with the Seller within the Order interface, file a claim to the Seller through the Order interface and engage an Arbitrator in cases stipulated in the Terms within 14 (fourteen) calendar days upon delivery of the Goods to the Purchaser (Consignee) by the Seller. Upon expiry of the above term (including a warranty period for the Goods), the User shall contact the Seller directly without using the respective Order interface at Yandex.Market for the purpose of settling any claims (including those relating to refund of the amounts paid by the User to the Seller).
6.6. When engaging an Arbitrator for settlement of a claim, the User shall agree to follow the procedure and terms of settlement of such claims defined in the Terms and on the webpage https://yandex.ru/support/market/shops/buyer-protection.xml.
7. Procedure for Engaging an Arbitrator for Settlement of Differences between the User and the Seller
7.1. If the User believes (with regard for par. 6.3 of the Terms) that the Seller violated the terms of the User Agreement (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.), the User shall have an opportunity to settle any differences with the Seller through correspondence on the respective Order interface within the Service.
7.2. Upon expiry of one calendar day since the beginning of correspondence with the Seller within the respective Order interface, as well as when the User is not satisfied with the Seller’s reply, the User shall have an opportunity to file a claim to the Seller. In this case the User and the Seller are able to exchange messages and attach copies of documents supporting their position.
7.3. In case the parties (the User and the Seller) fail to settle the claim of the User, who selected the payment option stated in par. 22.214.171.124 of the Terms, within three calendar days upon filing thereof, the User shall be entitled to engage an Arbitrator for settling the claim within the period specified in par. 7.6 of the Terms. In order to engage the Arbitrator, the User shall click Engage an Arbitrator button on the respective Order interface.
7.4. By engaging the Arbitrator for settling differences between the User and the Seller, the parties shall not waive their right to settle the dispute by any other means provided for by the law.
7.5. If the Arbitrator requires certain data and/or documents from the User to resolve the claim, the User shall provide all data and documents requested by the latter 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 User’s reasoned request, the above term can be extended for three more days. If the User fails to provide documents requested by the Arbitrator, the latter may find for the Seller with regard to the claim filed.
7.6. Tentative term for examination of a claim by engaging an Arbitrator shall be 10 calendar days. The Arbitrator may extend the above term if the User and/or the Seller fail to provide required documents/information.
7.7. Based on results of the examination of the claim, which has not been settled by the User and the Seller, the Arbitrator may find for the Seller or the User, being governed by documents and information provided by the parties in the course of the examination.
If the User disagrees with the Arbitrator’s award, the User shall be entitled to appeal against it on the respective Order interface within seven days since the award. In this case the User’s reasoned objections shall be reviewed by another Arbitrator, whose award for the Seller or the User shall be final.
8. “Pick Up Today” (Reserve at Market) Option
8.1. Certain offers of goods are supported by the “Pick Up Today” (Reserve at Market) option, which helps the User reserve goods located in one of the Store’s stationary sales outlets to purchase them right in the said sales outlet.
8.2. Orders placed by the User through the said option do not result in concluding an Agreement with the Seller. The sales agreement for the goods reserved through the “Pick Up Today” option is concluded in the Store’s stationary sales outlet, if the User after seeing the goods or their samples in the said sales outlet decides to purchase the goods.
8.3. The provisions stipulated by Sections 2 – 7 of these Terms shall not apply, when the User turns to the “Pick Up Today” option.
8.4. The User agrees that personal data provided by the User to Yandex.Market when using the “Pick Up Today” option can be transferred by Yandex.Market to the Store (including the Store’s representative ordering Yandex.Market services for the Store’s product offerings at Yandex.Market), in which sales outlet the User reserves goods, for the Seller to execute the relevant order (reservation). The User agrees that Yandex.Market may store the User’s personal data and the personal data of the order recipient specified by the User for at least three years from the date of execution of the relevant order (reservation).
8.5. Yandex.Market may disable the “Pick Up Today” option for the User, if the User cancels orders made through the said option and if the User does not come to the Store’s stationary retail sales outlet, where it reserved the goods.
8.6. Yandex.Market shall not be held liable under agreements signed between the User and the Store when purchasing the relevant goods in a stationary sales outlet in view of the “Pick Up Today” option used by the User.
9. Features of Ordering Goods in Foreign Stores at Yandex.Market
9.1. If the User orders Goods in the Seller’s Store located outside the territory of the Russian Federation, the relevant Agreement shall be concluded in the territory of the Seller’s location under laws of the relevant state. In this respect, laws of the Russian Federation, including provisions of the Law of the Russian Federation “On the Protection of Consumers' Rights”, as a rule, do not apply to such Agreements. In view of the above, in such cases certain provisions stipulated by Sections 4 and 5 of these Terms may not apply to the said Agreements. To get more details on the Seller and laws applicable to the Agreement with it, the User should click the link “Read Product Description on the Seller’s Website” in the order placement form.
9.2. If Goods are ordered in a foreign store at Yandex.Market, the Buyer undertakes to comply with all applicable provisions of customs laws of the Russian Federation and normative legal acts of the Customs Union. The User can read the relevant recommendations at https://yandex.ru/support/market/answers.xml#abroad.
10.1. The User represents that he is legally capable to act and is of the age established by the legislation of the Russian Federation as an adequate age for making deals provided for herein.
10.2. Yandex.Market shall not be liable for:
10.2.1. temporary failures and interruptions in the operation of the Service and option which allows Users to order Goods from the Store directly with the Service (Option) as well as for the loss of information caused by such failures and interruptions, its safety, accuracy and timeliness of its transmissions and delivery.
10.2.2. Reliability, quality and speed of the Service and Option operation; safety of the information developed, used and received by the User.
10.3. Yandex.Market may at any time amend these Terms without notifying the User; such amendments shall become effective when published. The current (effective) version of these Terms shall be published at: https://yandex.kz/legal/market_order_users_terms/.
Previous version of the document: https://yandex.kz/legal/market_order_users_terms/24052016/.
Previous version of the document: https://yandex.kz/legal/market_order_users_terms/01122015/.
Previous version of the document: https://yandex.kz/legal/market_order_users_terms/26102015/.