User Agreement with sellers
(Revision No. 2 of 16.05.2018)
This User Agreement regulates the relations between the online platform "Buylocal" and the Internet user ("Seller") arising from the use of the Internet resource TMNSHOP.RU (online platform "Buy local"), on the terms specified in the User Agreement.
The full and unconditional acceptance of this offer of the online platform "Buylocal" to the Seller about the conclusion of the contract is the Seller's actions aimed at using the online platform "Buy local", including searching, viewing or submitting ads, registering on the site, writing reviews and other actions to use the functionality of the online platform "Buylocal".
1. GENERAL PROVISIONS
1.1 The online platform "Buylocal" is an environment that helps an entrepreneur realize the dream of a successful business and forms a complex ecosystem for him with products and services that allow increasing efficiency business.1.2 The online platform "Buylocal" offers the Seller, under the terms of this User Agreement, to use the services available on the online platform "Buylocal", including placement, search and viewing of ads and other services offered on the online platform. Additional conditions, rules and restrictions may be imposed on the use of certain services of the Buylocal online platform. The online platform "Buylocal" has the right to revise or change the terms of service provision at any time, supplement, modify, restrict, expand the functionality of the online platform and/or Services, including the terms of the Seller's access to the Services or individual functionality of the Site.
1.3 Services are provided to the Seller free of charge.
1.4 The buyer is an individual who has reached the age established by civil law, who purchases goods on the online platform "Buylocal"
1.5 The People's expert (buyer) is an individual who has reached the established civil legislation an agency that purchases goods on the Buylocal online platform under certain conditions for an objective assessment of the product or service.1.6 The online platform "Buylocal" is a platform that allows Sellers to independently place offers addressed to an indefinite circle of persons for making a transaction in respect of goods or services to which The Seller is entitled to dispose of (make offers), and to Buyers offers posted on the online platform Sellers, concluding an appropriate transaction with the Seller.
1.7 The online platform "Buylocal" is not the organizer of the transaction, Buyer, Seller, intermediary, agent or representative of any Seller and/or other interested person in relation to the transaction proposed/concluded between Users. All transactions made by placing an Ad on the Website between Users are concluded and executed without direct or indirect participation of the online platform "Buylocal".
1.8 Regardless of the fact of Registration or authorization of the Seller on the online platform "Buylocal", the use of the online platform, including viewing the information posted on it, means that the Seller agrees to this The User Agreement and the commitment to follow the instructions for using the services, as well as responsibility for actions committed on the online platform "Buylocal".
1.9 The services provided on the Buylocal platform may be changed, supplemented, updated, changed in form and nature of functionality at any time without prior notice to the Seller.
2. SELLER REGISTRATION
2.1 The Seller has the right to place ads, as well as to use separate services after Registering on the online platform "Buylocal".
2.2 During registration, the credentials are specified, which the Seller chooses independently. After entering the registration data, the Seller receives an e-mail to the e-mail address specified during registration, containing an active hyperlink. After verification by moderators, the Seller will be able to log into his personal account. Registration of an account entries are made to one Seller's email address once. Re-registration of a new account on the online platform using the email address previously specified during Registration is not allowed. The Seller can change the Credentials in the Personal Account on the online platform or, if necessary, in another way specified on the online platform "Buylocal".2.3 The Seller is obliged to monitor the safety of his credentials and not disclose them to third parties. The seller does not has the right to transfer its credentials to third parties, as well as directly or indirectly allow third parties to use Credentials for authorization on the Buylocal online platform, with the exception of persons acting on behalf of and in the interests of the Seller or who have received such credentials on the basis of relevant agreements with the Seller.
2.4 Any action performed from the Seller's personal account using his credentials is considered an action performed by the Seller himself or by a person authorized by him and establishes duties and responsibilities for The Seller in relation to such actions, including liability for violation of this User Agreement, legal requirements in relation to the goods, information about which is posted by the Seller on the online platform "Buy local".
2.5 The Seller is obliged to immediately change the credentials if he has reason to suspect that these data have been disclosed, may be used by unauthorized third parties or at the request of the online platform "Buy local".
2.6 The online platform "Buylocal" has the right to use available technical solutions to verify the correctness information provided by the Seller when using the online platform "Buylocal". The online platform "Buy Local" cannot guarantee that the Seller is really who he appears to be, and also that the information provided by the Seller to the online platform "Buylocal" is true. Online platform "Buylocal" recommends Users to communicate with possible counterparties, Sellers and Buyers using to do this, all the tools available on the online platform "Buylocal", and to observe caution and caution when making transactions and choosing a Seller.2.7 "Buylocal" has the right to block the Seller's access to the Personal Account with the simultaneous termination of the placement and display of his Ads or without it. Buylocal has the right to terminate and/or restrict the Seller's access to the Services at any time, as well as block or delete the Seller's account on the Website without the possibility of restoring it.
3. INFORMATION PROVIDED BY SELLERS
3.1 Within the framework of using the online platform "Buylocal", the Seller undertakes to provide only reliable Information and is responsible for the information provided to them. The Seller undertakes to update in a timely manner Information by editing it on the online platform "Buylocal". The online platform "Buylocal" has the right to request, and the Seller is obliged to provide, upon such request, documents and information necessary to determine The Seller as a party to the User Agreement and/or the party using the relevant Service, as well as documents confirming the accuracy of the Information provided and the legality of the use / offer of the Goods and / or services of the Seller with the Goods specified in the Ad.3.2 In the process of using the Services of the online platform "Buylocal" (including during Registration, interaction with other Users through the interface of the online platform "Buylocal", placing Ads, viewing the pages of the online platform "Buylocal", etc.), the Seller independently and voluntarily decides on the provision of online platform "Buylocal" or placing in the public domain personal and other information about the Seller (surname, first name, patronymic or pseudonym of the Seller, email address, mobile phone number, as well as any other information provided by the Seller, etc.) for the purposes of executing the User Agreement, and hereby declares its consent to the processing by the online platform "Buylocal" and its affiliated persons of the Seller's personal and other data, their transfer (including cross-border transfer to the territory of foreign states, ensuring adequate protection of the rights of personal data subjects) for processing by other Sellers and/or third parties acting on behalf of the online platform "Buylocal", including for the purposes of: providing consulting support to Sellers in connection with the use of the Site, checking Ads for compliance The User Agreement, obtaining statistical and analytical data to improve the functioning of the online platform "Buylocal" and / or Services, expanding the range of Services provided, obtaining information and/or advertising messages of the online platform "Buylocal" or third parties, prevention or suppression of illegal and/or unauthorized actions of Users or third parties, ensuring compliance with the requirements of the current legislation of the Russian Federation. The online platform "Buylocal" takes all necessary measures to protect the Seller's personal data from unauthorized access by third parties.
3.3 All information (regardless of whether such information by the legislation of the Russian Federation to personal data is subject to protection in accordance with the legislation of the Russian Federation or not) posted by the Seller on the online platform "BuyLocal", hosted them for the implementation of the Seller's products/services and/or other interests of the Seller and, accordingly, the Seller puts certain information about yourself exclusively in their interests, including to facilitate the establishment of communication with the Seller.
Placing on the online platform "BuyLocal" Ads, the Seller makes the information specified in the advertisement publicly available and understands that the placed information is published on the online platform "BuyLocal" in the open access, that is available for inspection by any visitor to the online platform "BuyLocal" (unlimited circle individuals) in the territory of all countries of the world where it is possible to use the Internet and access the site, accordingly, the Seller understands and assumes all risks associated with such placement of information, including, including, but not limited to: the risk of getting an email address into the spam mailing lists, the risk of getting an email address to various kinds of scammers, the risk of getting a phone number to SMS spammers and/or SMS scammers and other risks arising from such placement of information.
3.4 The online platform "Buylocal" is not obliged to carry out preliminary verification of information of any kind, posted and/or distributed by the Seller through the online platform "Buylocal". The Buylocal online platform has the right, at its discretion, to refuse the Seller to post and/or distribute any information or to delete any information that the Seller posted on the Buylocal online platform. The User understands and agrees that he must independently assess all risks associated with the placement and distribution of any Information, including an assessment of its reliability, completeness or usefulness.
3.5 The Buylocal online platform does not provide consultations on issues not related to the Buylocal online platform that require professional evaluation and/or are not within the competence of the online platform «BuyLocal».
3.6 Seller's appeals to the online platform "Buylocal" on issues related to the use of the online platform "Buylocal", are considered in the order provided for on the site. Interaction of the online platform "Buylocal" with the Seller within the framework of consideration of the Seller's appeal is carried out using the e-mail address specified by the Seller.
3.7 Online platform "BuyLocal" may refuse to consider the appeal of the Seller, not containing information and documents required for consideration of the application; containing false information and (or) documents that do not have signs of authenticity; in respect of matters that have an online platform "BuyLocal" was directed the answer to the Seller (re-treatment); contains insults, threats or treatment set out in sharp negative form; to violation of other conditions and procedure for consideration of appeals, provided the online platform "BuyLocal".
4. THE PRICE OF GOODS AND THE PROCEDURE OF SETTLEMENTS BETWEEN THE SELLER AND THE BUYER
4.1 All settlements between the seller and the buyer when buying or selling various goods and services are determined by The seller. Concepts such as "sale", "buyer", "seller": "product", "shop", "price" etc. as used in this Agreement and other sections of the online platform "BuyLocal" are used exclusively for ease of usage, and cannot be understood as designations used for carrying out financial transactions with the commission of trade and procurement, commission, intermediary, advertising or other activities.
4.2 Prices for goods are determined by the Seller independently.
4.3 The site administration has the right to determine the minimum prices (lower price thresholds) for a particular type of product or service.4.4 The Seller has the right to issue bonuses for the purchase of goods or services in agreement with the site administration.
4.5 The Seller has the right to be a sponsor and offer his product or service for bonuses. The seller expresses his consent in such a case that the purchase by the Buyer may be using bonuses received when purchasing other goods and services.
5. ADMINISTRATION OF THE ONLINE PLATFORM "Buylocal"
5.1 This Agreement may be amended by the administration without any special notice, the new version of the Agreement comes into force from the moment it is posted on the Internet
5.2 The Administration has the right, at its discretion, to introduce, cancel or change the fee for the services provided.
5.3 The Administration has the right to delete from the web server any information that does not comply with this agreement, legislation or violates the rights of third parties.
5.4 The Administration has the right to refuse to provide services to the Seller if the fact of illegal activity of the Seller against or its users becomes proven.
5.5 The Administration has the right to refuse to provide services to the Seller if the Seller is an intermediary in the sale of goods or services.
5.6 The Administration has the right to request documents confirming the source/origin of the goods (suppliers, documents confirming purchases, copyright patents/certificates) and, in this regard, to increase the duration of the moderation delay for up to 90 days.
5.7 The Administration has the right to initiate the procedure of additional identification of the Seller by sending a digital photos of the seller together with the main spread of the passport by email or by other means.
5.8 The Administration does not take part in possible disagreements and disputes (including litigation) between sellers and customers.5.9 The Administration is not responsible for the goods offered by sellers for purchase and sale.
5.10 If the administration becomes aware of the Seller's violation of the terms of this Agreement, to such The following sanctions may be applied to the Seller:
- restriction of access to services if the administration has received a duly filed complaint from the copyright holder against the actions (inaction) of the seller.
- termination of access to services in accordance with clause 5.10.2 of the Agreement;
the period of application of sanctions is determined in each case individually by the administration.
5.10.2 Termination of access to the services is applied in the presence of one of the following conditions:
- the seller has not settled the conflict situation with the buyer that arose as a result of the transaction purchase and sale between the parties;
- Seller's refusal to identify;
- provision of false information by the Seller during registration.
6. SELLER'S OBLIGATIONS
6.1 The Seller undertakes to act exclusively in accordance with the current legislation and the User Agreement of the Buylocal online platform, and also to bear full responsibility for his own actions and inaction on the Buylocal online platform and when using its Services in accordance with the legislation of the Russian Federation.
6.2 Any individual can be a seller:
- who has reached the age of 14;
- registered on the web server (online platform "Buylocal");
- who has assumed the obligations of unconditional compliance with the Agreement in the form of an open offer;
- received the necessary identification data to receive the services of the online platform "Buylocal".
6.3 If the Seller does not agree with any of the provisions of the Agreement, he is not entitled to use the services of the online platform "Buylocal".
6.4 The seller offering the product/service for sale thereby confirms the fact that he has the legal right to sell the specified product/service.
6.4.1 You can submit only one unique ad. Submitting an identical ad about the offer of the same product or service repeatedly is prohibited.
6.4.2 If your products are really sold out and your ad is no longer relevant, we recommend that you remove the ad from publication so as not to mislead other users and not to receive negative feedback about the quality of the services you provide.
6.4.3 Ads for individual products are accepted for placement only if you want to publish an advertisement about a group of products, or you do not know how to quickly upload a large list of products in different categories - contact the site administration via the feedback form. In any case, do not use programs to autoload ads without the permission of the project administration.
6.4.4 Set the price of the goods immediately, the sale of goods through an auction, as well as advertising auctions on the site is prohibited.
6.4.5 Do not submit ads containing advertising information (about companies and their services; about stores and their assortment; about prices, promotions, discounts, etc.), as well as the promotion of other Internet resources such as: third -party ad sites, forums, portals, dating sites, etc.
6.4.6 When publishing an ad, first familiarize yourself with the product catalog and correctly select the category and subcategory for placement. If you have not found the necessary subcategory, contact technical support via the feedback form with a request to add a name. A correctly submitted ad is always easy to find on the site, due to which you will be able to sell your products faster. If your terms of sale have changed during the sale process , edit your ad in a timely manner so that it corresponds to reality.
6.4.7 We recommend that you upload authentic product photos. Posting images downloaded from the Internet can mislead the buyer and negatively affect the seller's rating. The posted photo must match the title and text of the ad. Do not post photos protected by watermarks, containing the labels of the author of the picture, logos and company names, as well as with any text applied to them.
6.5 The Seller has the right to place goods and services for sale on the Buylocal online platform, subject to the provisions of clause 6.5.1 of the Agreement.
6.5.1 List of goods prohibited for sale on the online platform "Buylocal":
- any goods that violate the legislation of the Russian Federation;
- products that do not meet the requirements of this Agreement;
- copyright infringing products;
- information about sellers and buyers of the online platform "Buylocal";
- pornographic and erotic products;
- products, in the name, description or content of which there is advertising of third-party resources, stores, trade sites, etc.;
- products dedicated to quick earnings (MLM and financial pyramids, investment projects, sponsorship projects, ways /secrets/methods of earning, business packages, etc.);
- products-collections (contain several different types of goods);
6.7 The seller of the online platform "Buylocal" is obliged to faithfully fulfill his obligations both to the administration of the online platform "Buylocal" and to his counterparties (in the case of concluding purchase and sale transactions with the latter).
6.8 The seller of the online platform "Buylocal" has no right to use advertising information, namely the web addresses of third-party sites, in the abbreviated or full name of the organization, the name of the product offered for sale and its description, when specifying personal identification data.
6.9 The Seller of the online platform "Buylocal" has no right to send commercial or other advertising (SPAM) to the Buyers of the online platform "Buylocal", as well as other Sellers of the online platform "Buylocal".
6.10 The seller of the online platform "Buylocal" is obliged to comply with additional requirements for the registration of goods (including price conditions) specified on the product registration page.
6.11 The seller of the online platform "Buylocal" is obliged to place the goods offered for sale strictly in the section reserved for the corresponding category of goods. The final decision on the conformity of the product and the section in which it is placed always remains with the Administration of the online platform "Buylocal".
6.12 The Seller is obliged to refrain from copying, reproducing, modifying, supplementing, distributing (including public demonstration), using for commercial or other purposes contrary to the law the content of the Buylocal online platform website (any part thereof).
6.13 The Seller has the right to specify a link to his web resource in his personal account, but at the same time must place in the footer of his site a through link to our resource unclosed with the tags noindex and nofollow.
6.14 The services of the Buylocal online platform available to the Seller may be used exclusively for the purposes for which such services are intended. The Seller is prohibited from using the services, as well as any information obtained on the Buylocal online platform for other purposes.
The online platform "Buylocal" has the right to conduct a random check at any time at its discretion ads for compliance with the User Agreement, including in automatic mode using software tools. In case of violations, as well as when receiving information from third parties about such violations or identifying a set of signs that may indicate violations in the opinion of the Buylocal online platform, the Buylocal online platform has the right to suspend or terminate the Seller's access to certain Services, including rejecting or blocking Ads and/or access to your Personal Account.
By the sole decision of the online platform "Buylocal" blocking Ads and / or accounts on the Site it may be temporary or permanent, depending on the volume and number of violations committed by the Seller of this Agreement. The User Agreement and other rules of use of the Site established by the online platform "Buylocal". If the Seller eliminates the violations committed, the Buylocal online platform has the right to restore previously blocked Ads or the Seller's access to the account on the Site.
6.15 The Seller undertakes not to use automatic and other programs to gain access to the online platform "Buylocal" without the written permission of the online platform "Buylocal". Without the permission of the online platform "Buylocal" is also not allowed to be used, distributed, copied and/or extracted from the online platform "Buylocal" manually or automatically (using software tools) any materials or information (including Ads, texts of product descriptions, photos, etc.).
6.16 The use of computer programs that allow you to view or place ads on the Buylocal online platform, bypassing the usual order of placing ads (for example, the use of auto-upload programs Ads), in the absence of written permission from the online platform "Buylocal", is strictly prohibited and may lead to the termination and /or suspension of the publication of Ads, blocking access to the Personal Account and / or to the online platform "Buylocal".
6.17 In order to prevent or prevent violation of the User Agreement and/or causing damage online platform "Buylocal" (for example, DDoS attacks or other hacker attacks, unauthorized use of software tools by the online platform "Buylocal", including for downloading Ads, etc.), Online platform Buylocal has the right to restrict the access of Users or third parties to the Buylocal online platform by blocking access to the Buylocal online platform of the corresponding ip address or range of ip addresses.
6.18 For the purposes of accessing individual services on the Buylocal online platform, the Seller may use unique identifiers provided to them (a set of characters) Seller, Website Account, Advertisement, Product, etc.
6.19 By accessing the Buylocal online platform, the Seller agrees to receive advertising information posted on the Buylocal online platform by third parties. The Seller understands and agrees that the online platform "Buylocal" does not determine the content and is not responsible for such information, including sites, links to which may be contained in the relevant materials.
6.20 The seller of the online platform "Buylocal" undertakes not to use any data provided to others By the Seller, without the written permission of the person who posted such Information, or without confirming in any other way the right to use such Information. All information received by the Seller about other Sellers or Buyers in connection with the use of the online platform "Buylocal" can only be used to make and execute transactions in relation to Goods. Thus, the Seller is prohibited from using an email address and/or phone number another Seller or Buyer for the purposes of direct advertising or other unsolicited electronic messages, as well as for other illegal actions or actions committed without the knowledge and/or consent of the other party.
In order to facilitate interaction between Users, the services imply limited access to some contact information of other Users. The right to use the information provided by other Users is limited by this User Agreement.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. The owner of the exclusive rights to the online platform "Buylocal", including, but not limited to the domain name, the logo posted on the online platform, design, layout, databases, all technical developments that allow the use of the online platform is the Site Administration. The Seller or any other person is not entitled to use the Buylocal online platform or the services in ways not provided for in this User Agreement without the written permission of the Buylocal online platform, including extracting information in any form not in the ways provided for by the User Agreement. The exclusive rights to the results of intellectual activity included in the information provided by the Seller belong to the respective Users and copyright holders.
7.2. In order to fulfill this User Agreement, conduct contests, promotions, announce and inform Users and other similar events, exercise the legitimate rights and interests of the online platform "Buylocal" and ensuring the functioning of the online platform "Buylocal", the Seller grants the online platform "Buylocal" a universally valid, perpetual right to use Information (including photos, texts of Product descriptions, trademarks, logos, etc.) in any way on all known or unknown information carriers during the entire term of the exclusive right, as well as transfer such a right to third parties. The seller authorizes the use of materials as part of the Information without specifying the author's name, and also guarantees, that the Information provided does not violate any rights of third parties, including exclusive rights.
8. PAYMENTS FOR USING THE SERVICES OF THE ONLINE PLATFORM "Buylocal"
8.1 The Seller is not charged for registration on the online platform "Buylocal".
8.2 The commission for using the services is not charged. The online platform "Buylocal" charges a subscription fee and spends the funds received on advertising the trading platform, expanding the range of services provided and technical support for the project.
8.3 The fee for certain services provided by the online platform "Buylocal" may be introduced and changed, which will be notified to the Sellers in advance.
8.4 The online platform "Buylocal" reserves the right to introduce an additional commission when selling products of certain categories or publishing.
9. TERM OF THE USER AGREEMENT
9.1. This User Agreement comes into force from the moment the Seller starts using the online platform "Buylocal", regardless of the fact of the Seller's Registration or placement of an Ad on the online platform "Buylocal", and are valid indefinitely.
9.2. The Seller has the right to terminate access to his Personal Account without the possibility of restoring such access. In this case, the Seller does not have the right to re-register, including using as part of the credentials of the email address previously specified by the Seller on the Buylocal online platform.
9.3. The online platform "Buylocal" reserves the right, at its sole discretion, to terminate access to the Seller who violates this User Agreement, as well as the terms of any of the services, other rules governing the functioning of the online platform "Buylocal". A Seller whose access to the Services has been terminated, or whose Information has ceased to be valid, does not have the right to create a new account on the site again (including using the email address previously specified by the Seller on the Buylocal online platform) without the special permission of the Buylocal online platform. The seller does not have the right to use to access the online platform "Buylocal" credentials of another Seller.
10. FINAL PROVISIONS
10.1 The administration of the online platform "Buylocal" does not guarantee permanent or unconditional access to the services provided by the online platform "Buylocal". Functioning of the website of the online platform "Buylocal" it may be violated by the actions of insurmountable forces and other factors, the prevention or overcoming of which is beyond the capabilities of the organizers of the online platform "Buylocal".
10.2 The administration of the online platform "Buylocal" does not provide any guarantees regarding the right ownership of goods and services sold or purchased using the Buylocal online platform, their suitability for a specific purpose or the absence of violation of the rights of third parties.
10.3 The administration of the online platform "Buylocal" does not provide any guarantees regarding the actions sellers of the online platform "Buylocal".
10.4 All disputes between the Seller and the administration of the online platform "Buylocal" must be resolved through negotiations.
10.5 Any losses that the Seller may incur in case of intentional or negligent violation of any requirement of this Agreement and related regulations, the administration of the online platform "Buylocal" is not reimbursed.
10.6 The maximum property liability of the administration of the online platform "Buylocal" cannot exceed the amount equivalent to the Seller's payment for the provision of services of the online platform "Buylocal".
10.10 This Agreement may be terminated by the Seller at any time, provided that he notifies the online platform "Buylocal" in electronic form 30 (thirty) working days prior to the intended termination of this Agreement.