Purchaser Claims and Arbitration
This document shall be valid if published at https://yandex.com/legal/market_order_arbitr_ch/.
Publication date: 13 February 2017
Effective date: 13 February 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) to the Seller at Yandex.Market (https://yandex.ru/legal/market_order_users_terms/).
Yandex — Yandex Europe AG (Registered address: Werftestrasse 4, CH-6005 Luzern, Switzerland, Registration number: CH-020.3.037.433-6).
Customer – Yandex.Market advertiser and customer, who entered into a Services Agreement with Yandex based on terms of the document “Yandex.Market Service - Terms of Offer” (https://yandex.com/legal/market_general_ch/).
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 Materials 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 document “Yandex.Market Service - Terms of Offer” (https://yandex.com/legal/market_general_ch/), secondly – in accordance with the document “Ordering at Yandex.Market. Terms for Stores” (https://yandex.com/legal/market_order_terms_ch/), thirdly – in accordance with the applicable law, fourthly – in accordance with their definition at Yandex.Market, then – in accordance with their definition existing (common) on the Internet.
2. Order cancellation.
2.1. Seller may cancel an Order in the following cases:
- Purchaser has not paid for the Order (provided that the Purchaser had chosen prepayment option pursuant to clause 3.5. of the document “Ordering at Yandex.Market. Terms for Stores”, available at https://yandex.com/legal/market_order_arbitr_ch/)
- The Seller failed to contact the Purchaser/ receiver of the Order by means of communication and in accordance with the details specified in the respective Order.
- The Purchaser does not agree with the delivery time (delivery period);
2.2. The Purchase may reject an Order in the following cases
- The Seller is unable to fulfill the Order;
- The Seller is not satisfied with the quality of the goods upon receipt of the Order
The Order made from a foreign Seller may not be cancelled after it is processed and is ready for delivery. The Purchaser may contact the Seller in order to conform the opportunity and ways of return of the goods after the order is received by the Purchaser.
3. 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 to the Seller at Yandex.Market (the Market Ordering option).
In case the Seller is a resident of the Russian Federation and sells the products/services listed in the Product Offerings of the respective Customer’s Store within the territory of the Russian Federation the terms, stated in sections 2 and 3 of the document “Purchaser Claims and Arbitration” (http://yandex.ru/legal/market_order_arbitr/) shall apply. In other cases, the terms and conditions specified in sections 2 and 3 herein shall apply. The Customer (the Seller) is not prohibited to imply the better conditions of returning goods, compensations etc. in comparison with those mentioned in sections 2 and 3 herein.
3.1. Return of Goods of Adequate Quality
3.1.1. The Purchaser may cancel his/her purchase of goods of adequate quality (except for cases, when the goods are of specific nature and can be used exclusively by the Purchaser, who ordered them) before transfer thereof to the Purchaser in accordance with the procedure stipulated in section 3 herein.
18.104.22.168. In the case specified in clause 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.
3.1.2. If the Purchaser rejects the purchased goods of adequate quality within 7 (seven) (or more days in case this is stipulated in the terms and conditions of the respective Seller) 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.
22.214.171.124. 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
3.1.3. Refunds to the Purchaser under clause 2.1 herein shall be made in the manner provided for by the clause 2.5 hereof.
3.2. Replacement of Non-Food Products of Adequate Quality
3.2.1. 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) (or more days in case this is stipulated in the terms and conditions of the respective Seller) 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.
3.2.2. If the product mentioned in clause 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, product replacement or refund shall be effected at the discretion of the Seller.
3.2.3. 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.
3.2.4. Refunds to the Purchaser under clause 2.2 herein shall be made in the manner provided for by the clause 2.5.
3.3. Rescission of the Services Agreement by the Purchaser. Termination of the License (Sublicense) Agreement
3.3.1. 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 applicable legislation.
3.3.2. 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 applicable legislation.
3.3.3. Refunds under clause 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 clause 2.5 of this document.
3.4. Return/Replacement of Goods of Inadequate Quality / Incomplete Goods
3.4.1. 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 clause 2.5 of this document.
3.5. Refund Procedure
3.5.1. In cases stipulated in clause 2.1-2.4 herein, as well as in other cases of refunds to the Purchaser for the Orders, payment for which was made 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/ ).
3.5.2. Refunds made by the Operator to the Purchaser under clause 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/ ).
3.5.3. Unless otherwise prescribed in section 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 Client web 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.
4. Purchaser Claims and Arbitration
4.1. Yandex.Market provides Purchaser with an opportunity to initiate correspondence with a Seller in the Order interface, file claims to the Seller via Order interface within 60 (sixty) days from the date of the respective Order, to engage an Arbitrator from the Yandex.Market Quality Control Department (“The Arbitrator”) within 20 (twenty) days from the date of filing of the claim to the Seller via Order interface. Upon expiration of the aforesaid term all claims to the Seller shall be filed by the Purchaser (including ones relating refunds to be made to the latter) should be filed directly to the Seller without using the respective Order interface.
4.3. The Market Ordering option offers an opportunity to the Purchaser, who paid the Seller 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.).
4.3. The Purchaser shall file a claim, if upon expiry of one calendar day (three business days for cross-border selling) 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.
4.4. 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.
4.5. 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.
4.6. 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.
4.7. 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.
4.8. 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 (https://yandex.ru/support/partnermarket/purchase/ask.xml/) 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.
4.9. 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 applicable law.
Previous version of the document: https://yandex.com/legal/market_order_arbitr_ch/01022017/.
Previous version of the document: https://yandex.com/legal/market_order_arbitr_ch/24102016/.