Purchasing with Yandex.Market. Terms for Stores

This document is a translation of «Purchasing at Yandex.Market. Terms for Stores» in English. In case of conflict between the Russian version of «Purchasing at Yandex.Market. Terms for Stores» and this translation - only the Russian version of « Purchasing at Yandex.Market. Terms for Stores» is legally binding. The Russian version of «Purchasing at Yandex.Market. Terms for Stores» can be found here: https://yandex.ru/legal/market_purchase_terms/?lang=ru.

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

Publication date: 9 October 2013

Effective date: 20 November 2013

1. General Information. Terms and Definitions.

User – an individual who is a visitor/user of Yandex information resources (websites, applications, computer programs, etc.) on the Internet;

Yandex.Market Purchasing (Market Purchasing) Project – option of Yandex.Market enabling the User to order products/services (enter into sale and purchase agreement for products/paid services agreement with the Store) at Yandex.Market.

Purchaser – a User placing an order for products/services at the Store at Yandex.Market.

Principal (Store) – a party which has entered into an agreement with Yandex, comprising the provision of Yandex.Market services by Yandex and fulfillment by Yandex of the Principal’s order to perform any act aimed at the conclusion, on behalf and at the expense of the Principal, of sale and purchase agreements for products / paid services agreement (Order) with Users based on the terms specified in the agreement between the Principal and Yandex, as well as provided for herein. Yandex shall have the right to enter into the specified agency agreement with the Principal, having concluded a service agreement with Yandex for the provision of Yandex.Market services, provided that the Principal’s store, product offerings of which are placed at Yandex.Market, has a ranking of at least three stars at Yandex.Market during three consecutive calendar months.

Terms – this document Purchasing at Yandex.Market. Terms for Stores, published on the Internet at: https://yandex.kz/legal/market_purchase_terms.

Web-based Interface (Affiliate Interface) – software interface of interaction between the Store and the Yandex.Market system, which contains information about the Store, statistics and other information, as well as provides a capability of remote interaction between Yandex and the Store under the agreement concluded by them. Software interface shall be available to the Store after authorization using Store’s login and password at the Yandex website, through applications (including applications for mobile devices), or API.

These Terms may contain terms, not defined in this section of the Terms. In this case, such terms shall be interpreted in accordance with the text of the Terms. In the absence of a clear interpretation of such terms in the text of the Terms, they shall be preliminary interpreted in accordance with the legislation of the Russian Federation, secondly – in accordance with the definition at the Yandex.Market service, then – in accordance with the definition existing (common) on the Internet.

The following documents, binding upon Yandex and the Store shall be an integral part of these Terms:

• Requirements for the data transmission method, published on the Internet at: http://partner.market.yandex.ru/legal/tt;

• Terms of Use of the Service API Yandex.Market for Partners, published on the Internet at: https://yandex.kz/legal/market_api_partner;

• User Agreement, published on the Internet at: https://yandex.kz/legal/rules;

• Offer for the Provision of Yandex.Market Services, published on the Internet at: https://yandex.kz/legal/oferta_market.

2. Data Transmission Methods.

2.1. The Store shall independently determine the list of products/services, which will be available for purchase by Users within the Market Purchasing Project.

2.2. For the purpose of providing information about products/services, which will be available for purchase by Users within the Yandex.Market Purchasing Project, the Store shall perform the following actions:

2.2.1. Enable the option Participation in the Yandex.Market Purchasing Project through the Web-based Interface;

2.2.2. Provide a list of product offerings participating in the Market Purchasing Project, in the manner prescribed by the document Requirements for the data transmission method;

2.2.3. Provide the product offerings information required to participate in the Market Purchasing Project, in accordance with the document Requirements for the data transmission method.

2.3. For the purposes of interaction between the Parties within the placement by the User of the order as part of the Market Purchasing Project, the Store shall agree to use the service API Yandex.Market for Partners.

2.4. For the purposes of data transmission within the Market Purchasing Project using the service API Yandex.Market for Partners, the Store shall agree to follow the methods of the data transmission described on the page http://api.yandex.ru/market/partner/doc/dg/reference/all-methods.xml in the section Purchasing with the Market.

2.5. The Store shall pay the Yandex Agent Fee in accordance with the procedure stipulated by the agreement between the Store and Yandex.

2.6. The payment procedure for products/services ordered with Yandex.Market shall be determined by the agreement between Yandex and the Store, and these Terms.

2.7. The Purchaser may pay for products/services under transactions effected by Yandex with the Purchaser by the Store’s Order either to:

2.7.1. the Store upon delivery of the product/service; or

2.7.2. Yandex when making the order (using the methods stipulated by the Yandex.Market service).

2.8. Yandex shall remit the moneys received by Yandex from Purchasers (debited from Purchasers) as payment for products/services (paragraph 2.7.2 of these Terms) to the Store’s settlement account in accordance with the following procedure: approximately once a calendar day (but at least once a week) during the term of the Order, Yandex shall remit to the Store’s settlement account moneys equal to the amount of payments under the agreements entered into by Yandex pursuant to the Order as received from Purchasers (debited from Purchasers) in favor of the Store, less Yandex reimbursable expenses stipulated by the Order as well as less the amounts refunded by Yandex to Purchasers.

3. Technical Aspects of Purchasing with the Market. Actions of the Purchaser, Yandex and the Store.

3.1. Preliminary actions of the Purchaser:

The Purchaser shall view products/services (hereinafter referred to as the goods) on the pages of the Yandex.Market service and place the goods in the cart. The Purchaser can add the items to the cart only from those Stores which have entered into agency agreements with Yandex, under which Yandex shall execute the order of the Store to enter, on behalf and at the expense of the Store, into sale and purchase agreements for products / paid services agreement with the User. For the purposes of these Terms, the cart shall be the section of the Yandex.Market service (page) intended for storage of information about products/services selected by the Purchaser for the purchase, and for execution of actions related to the placement of the order for products/services with the Store. In this section, the Purchaser shall be offered to conduct the following actions: to view selected products/services; to edit an order; to process an order; to define shipping terms, etc.

3.2. Actions of the Purchaser in the cart:

The Purchaser shall go to the cart, edit the list of goods (remove products/services, identify the quantity, etc.) and click the Process Order button.

Upon performance by the User of ordering actions (by clicking the Process Order button), Yandex shall send a POST/cart API request to the Store’s URL address in order to obtain or update the information about the product/service:

• price and availability of goods at the Store;

• possibility of ordering goods by the Purchaser in the relevant region;

• shipping terms and methods, depending on the internal rules of the Store (amount of the order, amount of goods ordered, etc.);

• payment methods available for the order. A reply from the Store shall contain the actual data provided for the Purchaser. This reply shall be sent within 2 seconds following receipt of the request.

If after the receipt of the actual information about the goods the Purchaser makes changes to the order thus affecting the terms of the order, a second POST/cart request shall be sent to the Store.

The Purchaser can actually make several changes to the order, and each time a POST/cart request shall be sent to the Store.

Thereafter, the Purchaser shall indicate his/her personal data, address, select the shipping method, payment method, etc., and then click the Submit button.

If the Purchaser selects prepayment as the payment method for his/her order, after clicking the Submit button the Purchaser shall be redirected to the page of the order payment method selected by him/her, fill in payment details and click the Pay button.

3.3. Actions of the Purchaser, Yandex and the Store. The term for the performance of actions and the consequences of non-compliance therewith by the Store.

If the Purchaser has ordered goods with the Store, then on clicking the Order button, the Store shall receive a POST/cart request to update the data in connection with the receipt of more precise information from the Purchaser: address, shipping method, payment method, etc.

The Store shall send a reply indicating the actual data, and if they have not been changed compared to the previous request, the Store shall receive a POST/order/accept request to accept the order. The Store shall send a reply of either confirmation of order or refusal of order. The reply shall be sent by the Store within 10 seconds following receipt of the request. Upon accumulation of five (5) unanswered requests within 30 minutes, or in case of repeated violation of the reply term, Yandex is entitled to stop fulfillment of the Principal’s order (i.e. the Store shall be automatically disconnected from the option Purchasing with the Market).

Once the Purchaser who selects payment upon delivery as the payment method for his/her order, has clicked the Submit button, if the Store accepts the order, Yandex.Market shall create one order in the PROCESSING status, and shall inform the Store by sending a POST/order/status request. The POST/order/status request shall include personal data of the Purchaser. Hereafter the Store shall begin processing the order.

Once the Purchaser who selects prepayment as the payment method for his/her order, has clicked the Pay button, Yandex.Market shall send a POST/order/status request in the UNPAID status (the order has not yet been paid for). The Purchaser shall have two hours to make payment. Once the payment has been successfully made, Yandex.Market shall send a POST/order/status request in the PROCESSING status (the order may be processed). If no payment is made within two hours, Yandex.Market shall send a POST/order/status request in the CANCELLED status (the order is cancelled).

If the Store refuses to process the order, it shall, within 10 seconds following receipt of the request, send a response indicating the reason for refusal: the information about the goods and/or delivery options specified in the order is out of date (the OUT_OF_DATE value of the reason parameter).

If during the update of the data on the order it appears that the previous data are out of date, then the Purchaser shall receive a notification of changes in the order. In this case, the Purchaser shall repeatedly press the Submit button, whereupon the described scheme is repeated.

Stores are recommended to reserve goods in their warehouses when they send a positive response to the POST/order/accept request prior to obtaining the PROCESSING or CANCELLED status. Approximate reservation time shall be 10 minutes. If the Purchaser selects prepayment as the payment method for his/her order, reservation time shall be 2 hours.

Once the order has received the PROCESSING status, the Store can contact the Purchaser to clarify the details of the order, and then begin processing and execution of the order. If during clarification of details, the Purchaser:

• rejects the order, the Store shall send a PUT/campaigns/{campaignId}/orders/{orderId}/status request, specifying the new CANCELLED status in the body of the request with the clarification of reasons (values of the substatus parameter);

• wishes to change the items of the order, the Store shall explain that the items of the order processed at the Yandex.Market service cannot be changed. Solution options are described in Section 4 hereof;

• wishes to change the delivery terms, the Store shall send a PUT/campaigns/{campaignId}/orders/{orderId}/delivery request, specifying the new data. Once the order is ready for delivery to the Purchaser, the Store shall send via the API Yandex.Market for Partners service a PUT /campaigns/{campaignId}/orders/{orderId}/status request, specifying the new order status — DELIVERY. This status means that the order is ready to be delivered. At this stage, that is by changing the order status from PROCESSING to DELIVERY, the agency fee is paid to Yandex.

After the order acquires the DELIVERY status, the Purchaser may cancel it via the Yandex.Market interface only if he/she selects prepayment as the payment method for his/her order when he/she places it. If the Purchaser selects payment upon delivery as the payment method for his/her order, the Purchaser may cancel the order through the Yandex.Market interface only when the order has the RESERVED or PROCESSING status, and the Store shall be informed accordingly by the POST/order/status request.

The Store shall change the status of the order to DELIVERY when the order is ready to be delivered, prior to its transfer to the delivery service. If the Store sends the order prior to the change of the corresponding status, the following problem may arise: the Purchaser cancels the order prior to change of the status by the Store, the order status is changed to CANCELLED, but in fact, the order has already been sent by the Store, which will cause unnecessary costs. All the risks and costs associated with this problem shall be incurred by the Store.

After the Store assigns the DELIVERY status, the accrued agency fee payable to Yandex shall not be refunded, and therefore the status of the order shall not be changed long before its delivery, as in this case, the Purchaser cannot cancel the order via the Yandex.Market interface, but it may contact the Store directly to cancel the order, or not collect the order at all. This leads to additional costs of the Store as Yandex has received the agency fee, which is not refundable.

Issuance of the order to the Purchaser:

If express delivery has been selected as the delivery method, then, upon the issuance of the order to the Purchaser, the Store shall change the status of the order for DELIVERED. If the customer pickup has been selected as the delivery method, then, upon the order’s arrival at the point of delivery, the Store shall change the status of the order for PICKUP. Once the Purchaser shows up for the order and takes it, the Store shall change the status of the order to DELIVERED.

If the Purchaser cancels the order with the DELIVERY status or does not collect the order with the PICKUP status, the Store shall change the status of the order to CANCELLED with indication of the reason. Receipt of the data from the Store is necessary for the statistics accumulation. Based on the statistics, the Purchasers who repeatedly cancel their orders shall be banned from ordering products/services with the Stores on Yandex.Market.

Request for information about the Store orders:

The Store shall have the right to receive information of both a specific order and all the orders placed by the Purchaser with the Store in the Web-Based Interface of the customer. To obtain these data, the Store shall execute GET /campaigns/{campaignId}/orders/{orderId} and GET /campaigns/{campaignId}/orders requests.

The period between approval of the order for execution by the Store (Processing status) and transfer of the goods for delivery (Delivery status) shall not exceed:

• 3 weeks (21 days) if the Purchaser selects payment upon delivery as the payment method for his/her order when placing the order;

• 1 week (7 days) if the Purchaser selects prepayment as the payment method for his/her order when placing the order.

3.4. In case of non-compliance with the specified deadline, the order shall be automatically cancelled.

Procedure for the Store in case the Purchaser changes the order.

3.4.1. Changing of items in the order:

Items in the order placed by the Purchaser with Yandex.Market cannot be changed directly on Yandex.Market.

If the Purchaser wishes to change any items in the order, he/she shall use one of the solutions from the table below.

The Purchaser may not exclude any items from the order and may not cancel the order.

3.4.2. Changing of the order price.

The Store may not change the order price after the order has been processed by the User under any circumstances.

3.4.3. Changing of the delivery terms.

The Store may change the time, address and delivery method at any stage of the order for an unlimited number of times. The Store may change the delivery cost provided that delivery terms have been changed and post-payment has been selected as a method of payment (payment for the goods after their delivery/handing over to the Purchaser).

4. Use of the Purchaser’s personal data

4.1. The Store may use the personal data of the Purchaser who has placed the order for products/services with Yandex.Market, transmitted by the Service, solely for the purposes of fulfillment of the Store’s agreement with the Purchaser entered into by Yandex on behalf of the Store within the framework of the appropriate order for products/services.

4.2. Any other use of the Purchaser’s personal data by the Store shall be prohibited unless the Purchaser’s consent is given to the Store for such use under the current legislation. Failure of the Store to comply with this requirement shall constitute grounds for termination by Yandex of the agreement with the Store for the provision of Yandex.Market services, and for repudiation of the Store’s assignment by Yandex stated in p. 1 hereof following the date of a corresponding notification to the Store.

5. Return/replacement of goods. Rejection of services by the Purchaser. Termination of the license (sublicense) agreement by the Purchaser.

The regulations stipulated by this clause shall apply if the order, under which the goods are purchased and the service agreement or the license (sublicense) agreement is made, is placed and paid for by the Purchaser within the Purchasing at the Market Project.

5.1. Return of adequate quality goods.

5.1.1. If the Purchaser rejects any adequate quality goods purchased by him/her, prior to their delivery to the Purchaser, the Store shall undertake to refund the Purchaser the moneys paid for the goods unless these are specific goods that can be used solely by the Purchaser who has purchased them.

5.1.1.1. In the event specified in paragraph 5.1.1 of these Terms, the goods shall be rejected by the Purchaser directly via the interface of the respective order by clicking the Goods Return (or any similar) button.

5.1.1.2. In the event specified in paragraph 5.1.1 of these Terms, the Store may demand from the Purchaser the original application for rejection of the adequate quality goods; however, the said circumstance may not be used as the grounds for changing the period of refund of the moneys paid for the goods being rejected by the Purchaser, with the said period commencing when the Purchaser clicks the Goods Return (or any similar) button in the interface of the respective order.

5.1.2. If the Purchaser rejects any adequate quality goods purchased by him/her, within seven (7) days after the goods have been delivered, the Store shall undertake to refund the Purchaser the moneys paid for the goods unless these are specific goods that can be used solely by the Purchaser who has purchased them.

5.1.2.1. In the event specified in paragraph 5.1.2 of these Terms, the Goods Return Application submitted by the Purchaser via the interface of the respective order shall be accepted by the Store as a duly filed application.

5.1.2.2. In the event specified in paragraph 5.1.1 of these Terms, the Store may demand from the Purchaser the original application for rejection of any adequate quality goods; however, the said circumstance may not be used as the grounds for changing the period of refund of the moneys paid for the goods being rejected by the Purchaser, with the said period commencing when the Purchaser submits the application in the interface of the respective order.

5.1.3. The Store shall undertake to inform the Purchaser in writing about the procedure and time limits of return of adequate quality goods upon delivery of the goods.

5.1.3.1. In addition to its undertaking stipulated by paragraph 5.1.3 of these Terms, the Store shall undertake to inform the Purchaser about the procedure and time limits of return of adequate quality goods in the interface of the respective order when the Purchaser submits the said request.

5.1.4. Moneys refundable to the Purchaser pursuant to paragraph 5.1 of these Terms shall be refunded in accordance with the procedure stipulated by paragraph 5.5 of these Terms.

5.2. Replacement of proper quality non-food goods.

5.2.1. If within fourteen (14) days following the Goods transfer to the Purchaser (excluding the pick-up day) the latter leaves a request for exchange of the proper quality non-food goods (in case the said goods do not comply with the required form, dimensions, design, color, size or component parts), using a relevant order interface, the Store shall replace the mentioned goods. In case any similar goods are out of stock on the day of receipt of the Purchaser's request, the Store shall, at the Purchaser's demand, indemnify the latter for the amount paid for the Goods within three (3) days following the Goods return to the Store.

5.2.2. If the goods specified in clause 5.2.1 of the Terms is included in the List of the Proper Quality Non-Food Goods not subject to return or replacement with similar goods of any other form, dimensions, design, color or component parts (Regulation No. 55 of the Government of the Russian Federation dated January 19, 1998), the Store shall decide, at its own discretion, whether the Goods may be exchanged or money refunded.

5.2.3. Application for Goods Replacement (or, in case the similar Goods are out of stock, Application for Refund) submitted by the Purchaser via the relevant order interface in the "Order History" section shall be deemed by the Store to be duly submitted.

The Store shall be entitled to request from the Purchaser an original copy of the Application for Goods Replacement (or, in case the similar Goods are out of stock, of the Application for Refund), however, the said circumstance shall not be considered grounds for changes to the refund term calculated following the date when the Purchaser returns the Goods to the Store.

5.2.4. The refund paid to the Purchaser in cases provided for in clause 5.2 of the Terms shall be effected as set out in clause 5.5. hereof.

5.3. Service Agreement repudiation by the Purchaser. License (Sub-License) Agreement termination.

5.3.1. The Paid Services Agreement entered into by way of placing an order within the Yandex.Market Project shall be terminated under the procedure and to the extent provided for by the Russian Federation Act "Concerning the Protection of Consumer Rights" and the Civil Code of the Russian Federation. In case the services provided are substandard, the Store shall comply with the requirements provided for by the legislation.

5.3.2. The License (Sub-License) Agreement entered into by way of placing an order within the Yandex.Market Project shall be terminated under the procedure and to the extent provided for by the Russian Federation Act "Concerning the Protection of Consumer Rights" and the Civil Code of the Russian Federation.

5.3.3. Refund of money to the Purchaser in cases provided for in clause 5.3. of the Terms as well as refund (full or partial) related to the low quality of service, improper performance of obligations under the License (Sub-License) Agreement shall be effected under the procedure provided for in clause 5.5. of the Terms.

5.4. Substandard/incomplete goods return/replacement.

5.4.1. If the Purchaser receives substandard goods (including incomplete goods), the Store shall conform to the requirements provided for by the Russian Federation Act "Concerning the Protection of Consumer Rights" and the Civil Code of the Russian Federation.

5.4.2. In cases related to sale of the substandard goods (including incomplete goods) to the Purchaser, the latter shall receive refund (full or partial) under the procedure provided for in clause 5.5 of the Terms.

5.5. Refund procedure.

5.5.1. To the extent provided for in clauses 5.1–5.4 hereof as well as in any other cases of refund to the Purchaser under the orders which have been paid for via the Market Purchasing Project (clause 2.7.2. hereof), the amounts subject to refund shall be transferred to the Purchaser's account by Yandex.

5.5.2. The amounts refunded to Purchasers by Yandex under clause 5.5.1 hereof shall be deducted by Yandex out of the funds transferred to the Store and received by Yandex from Customers as a result of other orders submitted to the Store within the Market Purchasing Project or out of the funds transferred by the Store to the Yandex corporate bank account as advance payment for Yandex services under the Agreement entered into between Yandex and the Store. If the said funds are not sufficient to reimburse the refunds paid by Yandex, the Store shall pay the deficient amount under the procedure provided for by the Agreement entered into between Yandex and the Store.

5.5.3. Unless otherwise provided for in clause 6 hereof, the order of the Store effected by way of activating refund procedure in respect of the relevant order within the Affiliate Interface shall be considered by Yandex as grounds for transfer of the funds subject to refund to the Purchaser. In the order interface, the Store shall specify the reason for return, amount to be refunded to the Purchaser, and, if the refunded amount is less than the amount paid by the Purchaser (in particular, if the Store has deducted its costs for delivery of the substandard goods from the Purchaser's premises or if only a part of the goods price is refunded as a result of diminution in value of the substandard or incomplete goods), the Store shall provide reasons for deductions or partial refund.

6. Purchaser Claims and Arbitration

6.1. The Market Purchasing Project option provides the Purchaser who has paid for the order within the Market Purchasing Project with the opportunity to lodge a claim against the Store if the latter fails to comply with the terms of the Agreement entered into with the Purchaser (including violation of the delivery term, transfer of substandard/damaged/incomplete goods, goods replacement/return difficulties, low quality services, etc.).

6.2. The Purchaser shall lodge a claim if he/she has not received an answer from the Store within one (1) day following the date of applying to the Store via the order interface within the Market Purchasing Project or if he/she is not satisfied with the solution offered by the Store.

6.3. Three (3) calendar days after the claim has been lodged, the Purchaser shall be entitled to engage an arbitrator of the Yandex.Market Quality Assurance Unit (QAU) (hereinafter referred to as the Arbitrator) to resolve the dispute.

6.4. The Store shall submit to the Arbitrator all the documents requested by him/her for the purposes of making a decision on the claim (e.g., delivery note, consignment note, act of acceptance, list of enclosures, expert opinion, etc.) within three (3) days after the relevant request has been made by the Arbitrator via the order interface within the Market Purchasing Project. At a reasonable request of the Store, the said term may be prolonged for three days. Failure of the Store to submit the requested documents to the Arbitrator may be considered grounds for award in favor of the Purchaser, in particular, if the fact that the Store has not violated the Agreement terms may not be evidenced by other documents/information provided for the Arbitrator.

6.5. The expected term of the claim consideration by the engaged Arbitrator shall be 10 calendar days. The specified term may be prolonged under the Arbitrator's decision in case the Purchaser and/or the Store has not provided the required documents/information.

6.6. According to the results of the consideration of the claim not settled by the Purchaser and the Store, the Arbitrator makes an award in favor of the Store or the Purchaser relying upon the documents and information submitted by the parties in the course of the claim consideration.

6.7. The Store shall carry out the award made by the Arbitrator in reliance upon the results of the claim consideration if the award is in favor of the Purchaser (e.g., make a refund, replace the goods, deliver the goods, etc.).

If the Store does not agree with the Arbitrator's award, it may appeal such award via the relevant order interface within the Market Purchasing Project within one day after the Arbitrator has delivered the judgment. In such case reasoned objections of the Store shall be considered by another Arbitrator who shall deliver a final judgment in favor of the Store or the Purchaser.

6.8. The Arbitrator's consideration of disputes between the Purchaser and the Store shall not deprive any party of the opportunity to resolve the dispute otherwise as provided for in the legislation.

7. Miscellaneous

7.1. The Stores participating in the Market Purchasing Project shall comply with the following requirements:

• The number of orders cancelled by the Store shall not exceed 30% of the total amount of orders placed by the Purchasers with the Store within the Service during the last 90 days (provided that the number of the orders placed with the Store within the Service exceeds 10)

• The number of orders not processed in time (having PROCESSING_EXPIRED status) during the last 30 days does not exceed three (3).

7.1.1. If the Store fails to comply with the requirements specified in clause 7.1, Yandex may disconnect the Store from the Market Purchasing option for the period of up to ten (10) business days suspending the Order execution (clause 1 of the Terms) for the relevant period of time.

7.2. The Store shall guarantee that the Goods sold by it within the Market Purchasing Project have been legally put into civil circulation within the territory of the Russian Federation, in particular, it shall guarantee that the Goods which are sold under a relevant trademark have been put into circulation directly by the rightholder or with its consent.

7.3. If the Store's failure to comply with the requirement specified in clause 7.1 has served as grounds for claims, actions against Yandex and/or orders for penalty payments delivered by government agencies and/or any third parties (including the Rightholders and Purchasers), the Store shall immediately, at the request of Yandex, provide the latter with all the required information concerning the transaction with the Purchaser, and the Goods, assist Yandex in settlement of such claims and suits as well as indemnify Yandex for any documented losses (including court fees, penalty amounts) inflicted on Yandex as a result of the said claims, actions, orders related to any third-party rights infringement and/or violation of the effective legislation of the Russian Federation, caused by execution of the Order.

7.4. If the Store fails to comply with the requirement specified in clause 7.2 hereof, it shall pay Yandex a penalty amounting to one hundred (RUB 100,000) for each case of breach. The penalty shall be paid by the Store under a relevant written request of Yandex (including e-mailed request) within three (3) business days following its receipt by the Store.

7.5. In case of the Store's repeated breach of the requirements specified in clauses 7.1, 7.2 hereof, Yandex shall be entitled to unilaterally terminate the Yandex.Market Services Agreement as well as the Order Agreement (clause 1 hereof) entered into with the Store.