User Agreement

  1. The Platform as a Subject of Legal Relations


1.1 Legal Regulation of the Platform's Activities

1.1.1 MENA SHOPPING is a completely new Platform. MENA SHOPPING is NOT a Seller of Goods, NOT an aggregator of information about goods (services), NOT an online store or marketplace, DOES NOT sell Goods on its own behalf, IS NOT an importer of goods, but only acts as an Agent and performs on the basis of the Agency Agreement published on the website at the address: Terms of Service, on behalf of Users legal and other actions aimed at organizing the conclusion of retail sales contracts with Sellers (Importers) of Goods.

1.1.2 All information about the Goods published on the Platform is introductory, approximate and may differ from the actual characteristics of the Goods, established by the manufacturer. The placement of this information does not constitute a public offer to sell the Goods under the specified conditions, the information about the Goods is placed as a sample. By placing an Order to organize the actions specified in clause 1.1. in relation to any Goods, information about which is placed on the Platform (by placing an Order), the User confirms that he is familiar with the product nomenclature, assortment list and exact characteristics (including limitations in the operation of some functions of some goods, or limitations in the warranty service) of the Goods, in relation to which an Order is placed on the Platform, directly from the manufacturer of the respective Goods and agrees with such conditions and nature. The country specified in the product card is the approximate place of purchase. The Platform has the right to make a decision to purchase the Goods in another country not indicated in the Goods card.

1.1.3 The Platform is not responsible for the quality, quantity, completeness, operability of the goods and some functions of some goods, is not a subject of legal relations regulated by the legislation on the sale of goods by retail method, and other rules governing the rules of retail at a distance. The relations between the Platform (Platform Owner) and the User are governed by the legislation on the provision of services and other rules of law governing the possibility of exercising rights and obligations based on the principle of freedom of contract.

1.1.4 This User Agreement (hereinafter referred to as the "Agreement") defines the terms and restrictions of use of the Platform and the Website (in the text of this Agreement and other documents published on the Platform, these terms may be interchangeable and equivalent). This Agreement is an integral part of the Offer (Agency Agreement), hereinafter referred to as the "Agreement", published on the Internet in the Terms of Service (https://mena.shopping/). The terms and definitions applied in this Agreement shall be used in the sense defined in accordance with the text of the Agreement. In order to work properly with the Platform it is necessary to familiarize and unconditionally accept the terms and conditions of this Agreement. The use of the Platform is only allowed on condition of compliance with the requirements of this Agreement. The Agreement is a public offer of the MENASHOPPING website. Upon approval (acceptance) of this document, the Agreement has the force of a contract and its terms are subject to unconditional execution of the parties. The approval (acceptance) of the Agreement is recognized as the performance of any action to use the Platform, including, but not limited to: registration in the Personal Area, provision by the User of his personal data (including the data of an identity document, address of residence, telephone number, TIN) through the Personal Area, and / or provision of consent to the processing of personal data and / or consent to this Agreement or any other document published on the Platform by ticking "V" in the Personal Area / registration form upon receipt of the following information.

1.1.5 Reference to ignorance of the terms and conditions of this Agreement shall not be the basis for violation of the interests of the Platform and/or the Platform Owner (Company) (in the text of this Agreement and other documents published on the Platform these terms may be interchangeable or equivalent) or other persons. All actions performed by the User on the Platform shall be considered actions of a person who has read and unconditionally accepted the terms and conditions of this Agreement.

1.1.6 The use of the Platform's functionality is only permitted after the User has registered and authorized on the Platform. By starting to use the website  (MENA SHOPPING Platform) or passing the registration procedure or placing an Order on the Platform, the User shall be deemed to have accepted the terms and conditions of this Agreement in full, without reservation or exception. If the User does not agree with any of the provisions of this Agreement, the Personal Data Processing Policy, the Agreement or other documents published on the Platform, the User may not use the website https://mena.shopping/ Platform. If any changes are made to this Agreement or any other document published on the Platform, with which the User does not agree, the User must immediately stop using the Platform and/or the website. The User shall independently monitor the changes made to this Agreement published on the Platform.

1.2 Terms and Definitions

1.2.1 Platform means a hardware and software complex in the form of the website https://mena.shopping/ with the domain name MENA SHOPPING (at all levels of domain names), whose services and functions offer Users the opportunity, at their own expense and for a fee, to order from the Platform Owner (the Company) legal and other actions aimed at organizing the conclusion of retail sales contracts, international transportation and customs clearance, delivery to the address of the User or the recipient specified by the User (yes, the Company).

1.2.2 Platform Owner - MENA SHOPOING (also in the text of this Agreement or other documents published on the Platform, as well as in the information published directly on the Platform - the Company, Platform), which on the basis of law, agreement or other legal basis owns the rights to use the domain mena shopping and the website https://mena.shopping/, and which acts as an Agent under the Agreement with the User, who is the Principal under the Agreement, and is authorized by the User to execute the Order. Contact information about the Platform Owner, as well as other details are provided in Section 10 of this Agreement.

1.2.3 User of the Platform (in the text of this Agreement and other documents published on the Platform, as well as in the information published directly on the Platform - the User, and in the text of the Agency Agreement - the Principal) - any individual who uses the Platform in order to request on the Platform the Actions of the Platform Owner in relation to the Goods of interest to the User and authorize the Platform Owner to execute the Order in relation to the Goods of interest to the User. The User under the age of 18 is not allowed to use the Platform. By registering in the Personal Area, the User confirms that he has legal capacity and legal capacity.

1.2.4 User Registration - actions of entering the User's personal data in special fields of the Platform, after which he is assigned an individual password and login (invented by the User), which allow to identify a specific person as a subject who has performed, is performing or intends to perform actions of using the Platform. Also the result of User registration is the creation of a Personal Cabinet (account).

1.2.5. User's Personal Account (Account) - a web page with an interface on the Platform, which contains information about the User, services and tariffs available to the User, allowing the User to give an Order to the Platform Owner, control its execution, receive statistical information, as well as perform other actions (personal section of the User on the Platform, where interaction with the Platform is available on the terms offered by the Platform).

1.2.6. Login and password: a unique combination of words, numbers and characters that allows the User to access all functions of the Website and the Platform.

1.2.7 Cookies: small data sent by a web server and stored on the user's computer, which a web client or web browser sends to the web server in an HTTP request each time it tries to open a page of the corresponding website.

1.2.8 User's personal data: any information that the User provides about himself when registering (creating the User's Personal Account) or in the process of using the Platform, including the User's personal data, information that is automatically transmitted to the Platform in the process of using the Site by the software installed on the User's device, including the IP address, cookie information, information about the User's browser, as well as other data about the User; information transmitted to the Platform during the use of the Site by the User's device, including the IP address, cookie information, information about the User's browser, as well as other data about the User.

1.2.9. Information: any information published (provided) by the User on the Platform/Site, by e-mail, Contact Center or online chat, including: User's Personal Information (personal data), any text messages, photos (images), audio and/or video productions, etc. Files.

1.2.10. Website: a website located on the Internet at https://mena.shopping/.

1.2.11 Seller - a legal entity of any legal form, established and registered outside the territory of the Russian Federation and carrying out activities for the sale of Goods, including but not limited to: placing the Goods on the Trading Platform (Internet market/shop or other trading platform).

1.2.12 Goods are the subject of a sales contract, the conclusion of which is organized by the Platform Owner after the User's Order. The owner of the Goods sold is the Seller. All relations related to the sale, warranty obligations and return of the Goods (both of proper quality and of inadequate quality) arise between the Seller and the User.

1.3 All terms and definitions used in this Agreement that are not reflected in the section "Terms and Definitions" shall be interpreted in accordance with the meaning derived from the text of this Agreement, the Agreement, other documents published on the Platform and commercial practices. In case of disagreement on the interpretation of a term and/or concept used in this Agreement, the interpretation determined by the Platform Owner shall apply, in particular, if this Agreement does not contain a definition of any term, the definition of which is available in any other document published on the Platform, the definition specified in the other document published on the Platform shall apply.

      2. General Provisions

2.1 The subject of this Agreement is the relationship between MENA SHOPPING and the Internet user (User), collectively referred to hereinafter as the "Parties", arising from the use of the Platform hosted at https://mena.shopping/, including all levels of such domain, on the terms and conditions specified in this Agreement.

2.2 The Agreement shall enter into force from the moment the User expresses his consent to its terms and conditions in the manner prescribed by clause 1.1.4, clause 2.3 of the Agreement and is valid indefinitely. The Platform Owner offers Users access to the Platform, its services and functionality, including the means of executing Orders and other services provided by the Platform.

2.3 All current functions of the Platform, as well as the addition of new services are governed by this Agreement, the terms of contracts and agreements concluded between the User and the Platform Owner, as well as the Information published on the Platform, if their subject is related to the use of the Platform by the User. The Terms and Conditions may be modified by the Platform without any special notice, the new version of the Agreement shall enter into force from the moment of its publication on the Platform, unless otherwise provided in the new version of the Agreement. The link to the current version of the Agreement is always on the main page of the Platform.

2.4 The User under the Agreement is both a person who has passed the registration procedure on the Platform, as a result of which a Personal Account was created, and a person who accesses the functionality of the Platform, the employees of the Contact Center of the Platform, the Platform through e-mail, fax, Contact Center, online chat and other means of communication, including when placing an Order.

2.5 By using the Platform, any functionality of the Platform and/or any service and/or its independent functions, the User is considered to accept the terms of this Agreement in full, without reservation or exception. If the User does not agree with any of the provisions of the Agreement, the Agreement or the Personal Data Processing Policy, the User may not use the Platform. If the Platform has made any changes to the Agreement in the manner provided for in this clause, with which the User does not agree, the User must immediately stop using the Platform.

2.6 The functionality of the Platform is provided to the User free of charge, unless specifically stated otherwise. The provision of certain services by the Platform, including the processing of Orders, is not included in the free functionality and is regulated by special agreements and/or rules/information published on the Platform.

      3. User Account

3.1 Registration

3.1.1 To access all the features and functionality of the Platform and/or submit an Order, an individual must go through the registration procedure by performing a series of consecutive actions when filling out a certain registration form in electronic format, as a result of which such person becomes a registered User, a unique account will be created for such User and the User will receive a username and password to use the functionality of the Platform. Registration - a set of actions of the User in accordance with the instructions specified on the Platform, including the provision of data and other information, performed by the User when placing an Order (Order) on the Platform for the first time or directly using a special registration form of the user interface of the Platform in order to gain access to various functions of the Platform and form a Personal Account. Only one account can be created for one User. Creating more than one account for the same person is a violation of this Agreement.

3.1.2 By performing the registration procedure, the User confirms that he is an individual of legal age and fully capable with legal capacity to perform any actions related to the use of the Platform, its functionality and/or services, as well as to conclude agreements and contracts with the Platform. To register, the User agrees and undertakes to provide truthful, accurate, reliable, current and complete information about himself on the proposed matters and to keep this information up to date throughout the entire period of use of the Platform/existence of the registered Account. If the Information changes, the User undertakes to immediately make changes to the Personal Account, or to send information about it to the email of the Platform, providing supporting documents. The User agrees that, in general, the Platform Owner does not verify the accuracy of the User's Personal Information and does not control his capacity. The User is responsible for the truthfulness, accuracy, relevance and completeness of the Information provided during registration.

3.1.3 The Platform (the Platform Owner) or third parties engaged by the Platform to fulfill the Agreement shall not be liable for the accuracy, completeness, relevance and correctness of the information provided by the User when registering or submitting the Order, including possible losses, the impossibility of customs clearance of the Goods and other negative consequences of providing inaccurate/incomplete/incorrect/irrelevant Information or documents.

3.1.4 The Platform Owner has the right to block and/or delete the User's Account without prior notice, deny access to all or some features of the Site/Platform, its functionality and all services, and delete the User's Information without explanation, including in case the User violates the terms and conditions of these Rules, as well as in case the User provides incorrect/incorrect/inaccurate/incomplete information about himself or the Platform Owner has reason to believe that the information provided by the User.

3.1.5 The Platform reserves the right to require the User to confirm the data provided during registration, as well as to request supporting documents in this regard at any time, the failure to provide which, at the discretion of the Platform, may be equated to the provision of false information and entail the consequences provided for in clauses 3.1.2-3.1.4 of the Agreement. If the User's data specified in the documents provided by the User do not correspond to the data specified during registration, as well as in the event that the data specified during registration do not allow the User to be identified, the Platform has the right to deny the User access to the account and use of the functionality of the Platform and the services of the Platform. The User's identity documents include a citizen's passport, driver's license, seaman's passport, military passport, foreign citizen's passport, foreign citizen's identity card. Forgery of a User's identity document or any other official document granting rights or releasing from obligations for the purpose of its use is a criminal offense in accordance with the law.

3.1.6 Upon completion of the registration procedure, the User independently sets a password to access the account. The Platform has the right to establish requirements for the login and password (length, allowed characters, etc.). The user's phone number or email address is used as the username. Subsequently, the User has the right to change his username and password upon agreement with the Platform, while retaining the entire history of relations and obligations of the User and the Platform. The User registration procedure is carried out in accordance with the rules established by this Agreement and the current interface of the Platform. Registration of the account is carried out for one email address and one phone number of the User only once. It is not allowed to re-register a new account on the Website using the email address and/or phone number previously specified during registration. For the purposes of this Agreement, after confirmation of User registration, the performance of any action by the User gives rise to the rights and obligations of the User.

3.1.7 In order to comply with the requirements of applicable law, the Platform identifies the User, including on the basis of documents provided by the User.

3.1.8 All actions of the User authorized on the Platform, performed using the User's unique username and password, the User's email address specified during registration on the Platform, the Parties recognize as performed using the User's simple electronic signature. Orders placed through the Platform, as well as messages sent from the User's contact email address, are recognized as equivalent to a document handwritten by the User.

3.1.9 By registering on the Website/Platform, the User agrees to receive news and promotional materials related to the use of the Website by email and/or SMS messages. In case of intention to unsubscribe, the User is obliged to send a notification to the email of the Platform Owner about the refusal to receive news and advertising materials. The User may not refuse to receive service messages (related to the fulfillment of the User's Order) from the Platform.

3.2 Authorization

3.2.1 The User's individual username and/or password required for authorization on the Platform are intended solely for this User.

3.2.2 The User undertakes not to disclose or transfer his username and password to third parties, as well as to make all necessary efforts to ensure that his username and password are not available to third parties. The individual username and password allow access to the sections of the Platform that are only available to registered Users, as well as to the personal pages of the Platform intended solely for this User.

3.2.3 If any person other than the User authorizes on the Platform using the User's username and password, all actions performed by such person shall be deemed to have been performed by this User. The User is solely responsible for all actions performed by him on the Platform, as well as for all actions performed on the Platform by any other person using the User's username and password.

3.2.4 The username and password chosen by the User are necessary and sufficient information for the User to access his personal account. The User is solely responsible for the security of the Login and Password, choosing the method of their storage, as well as for all the consequences that may arise as a result of unauthorized and/or other use of the Login/password.

3.2.5. The User shall immediately notify the Platform (the Platform Owner) of any case of unauthorized (not authorized by the User) authorization on the Platform using the username and password and/or any violation (suspicion of violation) of the confidentiality of his password. The Platform Owner is not responsible for any possible loss or damage to the Information, which may occur due to the User's failure to comply with the provisions of this section of the Agreement or reasonable diligence, as well as due to the User's failure to comply with any other provisions of this Agreement and other documents published on the Platform.

3.3 Execution of the Order on the Platform

3.3.1 The Platform is intended for the purposes set out in Section 1 of this document.

3.3.2 By placing an Order (placing an Order) on the Platform, the User enters into a contractual relationship with the Platform Owner under the Agreement. All actions necessary for the fulfillment of the Order, as well as the acceptance of payment, are performed directly by the Platform and are regulated by the Agreement.

3.3.3 Mutual settlements with the Seller for the Goods are made by the Platform on its own behalf on behalf of the User.

3.3.4 Before placing an Order, the User undertakes to familiarize himself with all the terms and conditions of the Platform, the terms and conditions of the Agreement and the Personal Data Processing Policy. At the same time, obvious errors, including typographical errors, made in the description of the Goods published on the Platform are not legally binding. All information about the Goods published on the Platform does not belong to the Platform and the Platform (Platform Owner) is not responsible for the content of such information.

3.3.5 Placing an order on the Platform means the full and unconditional consent of the User to all the terms and conditions, including the material terms, of the Agreement and this Agreement.

3.3.6 By placing an Order, the User understands and accepts that the Platform Owner may entrust the execution of the Contract to third parties, and the User is responsible for its fulfillment.

3.4 Termination of account use

3.4.1 The Platform has the right to block or delete the User's account, as well as to prohibit access to the Platform and its functionality using any account, including in case of violation by the User of this Agreement or the terms of other documents governing the relationship between the User and the Platform.

3.4.2 Regardless of the deletion of the User's account on the Website, all obligations of the User to the Platform, including valid Orders in relation to the services and facilities of the Platform, made through the functionality of the Platform, shall remain in force until the User fulfills them in full, unless the Platform has expressly released the User from these obligations.

3.4.3 The User has the right to delete his Account at any time, provided that he has fulfilled all the obligations assumed on the Platform to the Platform Owner or third parties.

3.4.4 To delete an Account, the User sends a notification to the Platform Owner to the email address of the Platform Owner specified in Section 10 of this Agreement, in which he indicates/attaches: a statement of termination of use of the Account (account), provides the email address, username and password. The Platform Administration has the right to request additional information that allows to accurately identify the User as a person entitled to dispose of the corresponding account. Failure to provide the above data is grounds for refusal.

3.5 User's personal data

3.5.1 In the process of using the Platform and the functionality provided by the Platform through the Website (including, but not limited to: when registering, editing an account, placing an Order for any goods through the functionality of the Platform), the User independently and voluntarily decides to provide the Platform with information about the User for the purposes of the execution of the Agreement and the relevant contracts and agreements concluded between the Platform and the User, as well as for the purposes of personal data processing, The Platform takes all necessary measures to protect the User's personal data from unauthorized access by third parties. The specifics of personal data processing are set out in the Personal Data Processing Policy, available at: https://mena.shopping/policies/privacy-policy

3.5.2 The Platform, on the instructions of the User and in order to fulfill the User's Orders, will provide the Sellers and the Operators of the Payment System, as well as third parties (including subagents) operating in the field of international transportation, customs clearance, courier delivery, etc., in order to fulfill the contracts in which the User (Beneficiary) is a party, beneficiary or guarantor, the User's Personal Data (payer and/or recipient of the Order) in the following scope and in the following cases for processing • Upon confirmation of the execution of the User's Order, for the purpose of executing such User's Order, in addition to the list of ordered goods, their quantity, cost, estimated delivery date, required date and time of shipment, as well as other information, the Platform informs third parties involved in the execution of the contract with the User, solely for the purpose of executing the Order, the last name, first name, patronymic, telephone number, email address of the User, information about the method of delivery of the goods (in case of delivery by means of transport). • • in cases stipulated by the Personal Data Processing Policy and other user documents of the Platform, including in the event that the Platform receives a request for infringement of intellectual property rights or other rights of third parties, in order to resolve the claims received - with respect to each of the persons specified in the request as the rightholder, other affected person or their representative: last name, first name, patronymic, information about the number of the identity document, issuing authority and date of issue, telephone number and (or) fax number, and • in case of receiving other requests, opinions, claims, complaints, communications or documents - in order to prepare a response and take the necessary measures - no more than the amount received by the Platform. In other cases and for other purposes, as described in the Personal Data Processing Policy and other user documents.

3.5.3 The Platform has the right to use the Personal Data received from the User and other persons solely for the purposes provided for in this section of the Agreement, as well as in the Personal Data Processing Policy, and is obliged to cease such use when the specified processing purposes are achieved, unless the agreement with the User stipulates otherwise.

3.5.4 All information about the User/Receiver (regardless of whether such information is classified or not as personal data or other data subject to protection under applicable law) published by the User on the Platform/transmitted by the User to the Platform (Platform Owner) is published/transmitted by the User in the interests of the User/Receiver.

3.5.5 The Platform collects and stores only personal information that is necessary to provide the functions of the Platform, provide its services and for the fulfillment of agreements and contracts with the User, except in cases where the law provides for the mandatory storage of personal information for the period defined by law. The Platform will store the User's personal information in accordance with the requirements of the legislation of the Russian Federation and the Personal Data Processing Policy.

3.6 Security and Responsibility

3.6.1 The User is solely responsible for the security (guessing resistance) of the means of access to the account chosen by the User, as well as the only one who guarantees its confidentiality.

3.6.2. The User is solely responsible for all actions (as well as their consequences) that he performs within the framework of the functionality of the Platform and the services of the Platform or that he uses under his account. The User undertakes not to transfer the access data to the User's account to third parties under any circumstances (including contracts or agreements). In this case, all actions within the framework or using the functionality of the Platform and/or the services of the Platform under the User's account are considered to be performed by the User.  The User is obliged to immediately notify the Platform of any unauthorized (not authorized by the User) access to the Platform using the User's account and/or any violation (suspicion of violation) of the confidentiality of his means of access to the account. For security reasons, the User is obliged to carry out his own secure termination in his account at the end of each session of work with the Platform. The Platform is not responsible for the consequences of any nature that may occur due to the User's failure to comply with the provisions of this part of the Terms.

3.6.3 It is not allowed to use, distribute, copy and/or extract any material or information from the Platform manually or automatically (using automated programs: scripts, bots, crawlers). Any use, distribution, copying of information from the Platform is illegal and the Platform reserves the right to counteract such illegal actions.

3.7 Consent to receive communications

3.7.1 The Platform has the right to send informational and advertising messages to its users.

3.7.2 By using the Platform through the corresponding interface of the Platform, the User agrees to receive messages of an informational nature, including the receipt of cash receipts in electronic form, in accordance with the law. This information is necessary for the User to be able to use the services of the Platform. If the User does not agree with the terms of this sub-clause, he must refrain from using the Platform (Site) and its services.

3.7.3 By using the Platform, the User also consents to receive advertising messages through the appropriate interface of the Platform in accordance with the law.

3.7.4 The User has the right to refuse to continue receiving advertising messages by clicking on the corresponding link in the received informational / advertising message, if any, or by contacting the Platform support service by e-mail, or by leaving a corresponding request by contacting the Platform Contact Center by phone. The User who, in one way or another, has expressed his consent to receive advertising messages and has not refused to receive them, is a subscriber of the Platform.

  1. Warranties and consents of the User

4.1 By using the Platform, the User agrees that/guarantees that:

4.1.1. the User has familiarized himself/herself with the terms and conditions of this Agreement, the Agreement and the Personal Data Processing Policy in full before using the Website and the Platform and agrees with the terms and conditions set forth therein.      
a) The User fully understands and accepts this Agreement, as well as the subject matter and terms of the Agreement concluded by the User and the agreements concluded by the Platform Owner with third parties on its behalf;      
b) the User fully understands the meaning and consequences of his/her actions in relation to the conclusion and execution of the concluded Agreement.      
c) the User agrees to the involvement of third parties by the Platform Owner to fulfill its obligations under the Agreement.      

4.1.2 The beginning of the User's use of the Platform in any form means that the User accepts all terms and conditions of this Agreement, Personal Data Processing Policy and the Agreement in full without any exceptions, exclusions and limitations on the part of the User and undertakes to comply with all terms and conditions of this Agreement, the Agreement and Personal Data Processing Policy. Use of the Platform on other terms is not allowed.

4.1.3 If the User does not agree with the terms of this Agreement and/or Contract and/or Personal Data Processing Policy, the User has no right to conclude the Agreement, the User should immediately stop any use of the Platform. In case of failure to comply with the said requirement, the responsibility for any consequences of the User's actions shall be fully transferred to the User.

4.1.4 This Agreement (including any of its parts) may be changed by the Platform Owner without any special notice. The new version of the Agreement shall come into force from the moment it is posted on the Platform or communicated to the User in another form convenient for the Platform, unless otherwise provided by the new version of the Agreement.

4.1.5 A link to the current version of this Agreement can be found on the main page of the Platform.

4.1.6 The use of the Platform will be carried out by the User exclusively for the purposes authorized by this Agreement in compliance with all its provisions, as well as the requirements of the Agreement, applicable law and common practice.

4.1.7 The User will not perform any actions that conflict with or interfere with the operation of the Platform (or the operation of the relevant equipment, networks, or software with which the Platform operates).

4.1.8 The User's use of the Platform for specific purposes does not violate the property and/or personal non-property rights of third parties, as well as prohibitions and restrictions established by applicable law. The User confirms that the funds transferred as remuneration and expenses incurred by the Platform belong to him/her legally and that third parties have no rights/claims to the said funds. In case of any claims from third parties regarding the funds used by the User to pay for the Order, the User undertakes to settle such claims on its own, using its own resources and means, without involving the Platform, as well as to compensate the Platform Owner/third parties engaged by it to fulfill the Order for all losses.

4.1.9 The Platform is intended for personal, family, household and other needs of individuals not related to business activities. Use of the Platform for commercial purposes is not allowed.

4.1.10. In view of granting the right to use the Platform on a gratuitous basis (except for separate functionality regulated by separate agreements), the provisions of consumer protection legislation are not applicable to the parties' relations in the relevant part and in connection therewith.

4.1.11. The rights to use the Site, the Platform and the Additional functionality of the Site and the Platform are granted on an "as is" basis, in connection with which the User is not given any guarantees that the Site, the Platform and the Additional functionality of the Site and the Platform will meet the User's requirements; access will be provided continuously, quickly, reliably and without errors; the results that may be obtained using the Platform, the Site and the Additional functionality of the Site and the Platform will be accurate and reliable; the quality of any product; and the quality of any products and services provided by the Platform, the Platform and the Platform.

4.1.12. Since the Site, Platform and Additional functionality of the Site and Platform, design elements, graphics and information posted on the Platform are in the stage of constant addition and updating of new functionalities, the name and composition of the provided functions may change from time to time without prior notice to the User. The Platform may, at its sole discretion, discontinue (temporarily or permanently) the operation of any individual functions of the Site, Platform and Additional functionality of the Site and Platform without prior notice to the User.

4.1.13. In particular, the User is prohibited from using the Platform for: - posting and/or distribution of any prohibited information, including materials of extremist nature, as well as those aimed at infringement of human rights and freedoms on the grounds of race, nationality, religion, language, and gender, inciting the commission of violent acts against humans, or inhuman treatment of animals, calling for the commission of other illegal actions, including those explaining the procedure for the manufacture and use of weapons, narcotic drugs and their precursors, etc.;

  • posting and/or distribution of infringing Content;
  • posting and/or distribution of Content of a pornographic nature, as well as propaganda of pornography and child erotica, and advertising of intimate services;
  • preferential or exclusive linking to other sites;
  • distribution of advertising materials in personal messages to other Users without their prior consent to receive them (SPAM);
  • restricting, by password or otherwise, access to pages and files posted on or broadcast on the Platform or the Site.
  • dissemination of personal data of third parties without obtaining the consent of such third parties.

4.1.14. The User shall be solely responsible for any breach of obligations established by this Agreement, the Agreement and (or) applicable law, as well as for all consequences of such breaches (including any loss or damage that may be incurred by the Platform Owner and other third parties).

4.1.15. In case of any claims of third parties regarding the violation of any property and/or personal non-property rights of third parties, as well as prohibitions or restrictions established by law, the User shall be obliged at the request of the Platform (the Platform Owner) to undergo official identification, providing a notarized commitment to settle the arising claims by their own efforts and at their own expense, indicating their passport data.

4.1.16. In case of repeated violations of the terms of this Agreement, the Agreement and/or legal requirements, the Platform reserves the right to unilaterally block the User's account in its entirety or limit (terminate) the rights to use the Platform.

4.1.17. In case of bringing the Platform Owner to responsibility or imposing penalties on the Platform Owner due to the User's violations of the rights of third parties, or violations of regulations, prohibitions or restrictions established by law, as well as the terms of this Agreement or the Agreement, the Policy of personal data processing, the User is obliged to fully reimburse all losses of the Platform (Platform Owner).

4.1.18. The Platform (the Platform Owner) shall be excluded from any liability in connection with violations committed by the User, causing damage, harm or loss to the User under the above circumstances, including those arising for reasons unrelated to the actions of the Platform Owner.

4.1.19. The Platform is not responsible for the use of publicly available personal data of Users by anyone.

4.1.20. The User is responsible for keeping their data (login and password) used for authorization on the Platform secret from third parties. All actions performed on the Platform using the User's login and (or) password are considered to be the User's own actions.

4.1.22. According to customs legislation, all goods crossing the border are subject to customs declaration. Additional personal data, such as TIN, etc., may be requested for customs declaration purposes.

4.1.22. It is not recommended to order several goods of the same type in one parcel. Customs authorities may recognize the parcel as a commercial shipment. Such parcels are not subject to customs clearance and will be canceled, with reimbursement of all losses and expenses by the User, and the Platform (Platform Owner) is not responsible for the actions of customs authorities, and does not reimburse the User for any losses and expenses in these cases (including not refunding the cost of the Goods).

4.1.23. The customs duty limit is 300 AED per parcel. If a parcel exceeds these figures, Customs will charge duty at the rate of 5%. This limitation applies to a single parcel. There is no limit to the number of parcels received per month.

4.1.24. After placing an Order (Order), it is impossible to change the User's data. The Platform Owner has no right to arbitrarily change the recipient's data. Therefore, for customs clearance it is necessary to provide information about the person for whom the order is placed. If his/her personal data are not provided, the order will be sent for re-export and the User will be obliged to reimburse all costs and losses.

4.1.25. The User undertakes to familiarize himself/herself with the rules of import and customs clearance, customs restrictions, including the list of goods prohibited for import, as well as sanctions restrictions. By placing an Order, the User confirms that he/she is familiarized with the customs regulations (including the list of goods prohibited for import), sanctions restrictions, and bears all responsibility in case the Platform Owner is unable to execute the User's Order due to non-compliance with customs laws or sanctions restrictions, and reimburses all losses and expenses to the Platform Owner.

4.1.26. The approximate delivery time can be found in the "Select Product" section when opening the information on a particular Goods. The User agrees that the specified approximate delivery terms are not preclusive and final, may differ both in a smaller and larger way, the Platform shall not be liable for violation of the specified terms.

4.1.27. Use of the Platform by the User is allowed only in accordance with this Agreement and exclusively by means provided for by the technical capabilities of the Platform. The use of the Platform by other means, including by copying (reproducing) the Content posted on the Platform, as well as design elements, computer programs and databases included in the Platform, their decompilation and modification, is strictly prohibited.

4.1.28. The Platform Owner is a legal right holder and owns all exclusive property and other relevant rights to the Platform, including, but not limited to, software, graphics, design, Database.

4.1.29. Any Information posted on the Platform by the User belongs to such User. By posting Information on the Platform/Site, the User confirms that he/she has all the necessary rights and authorizations for this purpose, and the User also agrees that such Information may be transferred to third parties for execution of the User's Order by the Platform Owner.

4.1.30. The Platform has the right to independently, without obtaining the User's consent and without notifying the User, select for publication or perform other actions with reviews, including, but not limited to:

  • together with the Buyer's revocation, the name of the Buyer indicated by him in his Personal Area of the Platform will be published;
  • not to publish reviews, the content of which does not relate to the subject matter of the Platform, implementation of work with the Platform;
  • not to publish reviews, the content of which does not relate to the actual experience of using the Platform;
  • not to publish reviews that contain profanity, offensive language, discrimination based on gender, race or other grounds, including photos and images that are ethically or morally inadmissible for publication;
  • not to publish reviews, comments containing links to other websites, hidden advertising of goods and services, personal data of third parties;
  • delete a posted review at any time;
  • independently determine the period during which reviews are considered relevant and for which they are published on the Platform.

4.1.31. The User agrees that the messages and materials posted on the Platform may be used by the Platform, including in other services and applications of the Platform, in advertising or marketing materials on the Internet, as well as on other resources and sites on the Internet, to attract the attention of other persons to the Platform as a whole, both with the indication of the author of the message or material (the name of the author will be the name of the User, which he/she indicated during registration or in the settings of his/her data in myAlpari), and without it.

4.1.32. The User agrees that the reviews and ratings left by the User may be published and used by the Platform on the Website or on third party websites without further consent of the User. In this case, the reviews and attached images are published and used "as is" with the preservation of the author's grammar and punctuation, under the User's name specified in myAlpari. The User is responsible for the accuracy of the information contained in the feedback.

4.1.33. The Platform or involved third parties shall accept the Goods from the Seller on the basis of transfer documents (if applicable) solely on the basis of the number of places (without checking and counting the contents of package attachments).

4.1.34. If the User repeatedly cancels Orders, refuses to accept Goods of proper quality or commits violations of the Agreement or other provisions published on the Website, the Platform shall have the right to unilaterally change the terms of use of the Platform functionality for such User and make a claim to the User for reimbursement of losses incurred by the Platform or third parties (including lost profit).

 

  1. Rights and obligations of the parties

5.1 The Platform undertakes to:

5.1.1 Process the User's personal data in accordance with the procedure established by the current legislation and the Policy of Personal Data Processing posted on the Platform regarding the organization of processing and security of personal data.

5.1.2 If the purpose of processing the User's personal data is achieved, the Platform undertakes to stop processing the personal data or ensure its termination (if the personal data processing is performed by another person acting on behalf of the Platform Owner) and destroy the personal data or ensure its destruction (if the personal data processing is performed by another person acting on behalf of the Platform Owner) within a period not exceeding thirty days from the date of achievement of the purpose of personal data processing, unless otherwise

5.1.3 If the Buyer withdraws his consent to the processing of his personal data, the Platform Owner undertakes to cease processing or ensure the cessation of such processing (if the processing of personal data is performed by another person acting on behalf of the Platform Owner) and, if the preservation of personal data is no longer required for the purposes of personal data processing, to destroy the personal data or ensure their destruction (if the processing of personal data is performed by another person acting on behalf of the Platform Owner).

5.2 The Platform shall have the right to:

5.2.1 Modify these Rules unilaterally by posting them on the Website. All changes shall come into force immediately after publication, and shall be deemed to be communicated to each and every one of the Users from the moment of such publication, unless otherwise provided by law or contract.

5.2.2 Record telephone conversations with the User. In accordance with Clause 4 of Article 16 of the Federal Law "On Information, Information Technologies and Information Protection", the Platform undertakes to: prevent attempts of unauthorized access to information and/or its transfer to persons not directly related to the execution of Orders, timely detect and suppress such facts.

5.2.3 Transfer their rights and obligations to fulfill their obligations to the User to third parties without agreement with the User.

5.2.4 Cancel the Order (execution of the Order) after 10 minutes from the moment of placing the Order, if the payment is not received.

5.2.5 Limit the number of simultaneously executed Orders for one User.

5.2.6 Use "cookies" technology.

5.2.7 Receive information about the ip-address of the Website User. This information is not used to establish the visitor's identity and is not subject to transfer to third parties.

5.2.8 Unilaterally cancel the User's Order, including in case of violation by the User. of this Agreement with application of all consequences provided by the Agreement.

5.2.9. make restrictions on the amount of Goods, in respect of which the Platform Owner is given Orders.

5.2.10. Upon delivery of the Goods, in respect of which the User's Order is executed, request from the User the code for receiving the Order, reflected in the Buyer's personal account or sent by SMS or otherwise. If the Buyer fails to present the said code, refuse to deliver the Goods to the User.

5.2.11. The Platform shall have other rights provided by this Agreement, the Agreement and the Personal Data Processing Policy.

5.3 The User undertakes to:

5.3.1 To familiarize with the contents and terms of this Agreement, the Agreement, the Personal Data Processing Policy and other terms and conditions posted on the Platform before entering into the Agreement.

5.3.2 Pay the agent's remuneration and expenses in accordance with the terms and conditions stipulated in the Agreement.

5.3.3 Not to use the Goods in respect of which the Platform Owner has executed the Order for business purposes.

5.3.4 Be responsible for access to the personal account. The User guarantees that all data of bank cards and/or other means of payment entered in the personal account belong to him/her and/or he/she disposes of them legally. The User shall be liable for any damage caused to the Platform (Platform Owner), any third parties, if the damage is caused due to unauthorized use of the personal account, or payment means, or bank cards, and other payment methods through the personal account, as well as for any losses caused to the Platform Owner or third parties in connection with the violation, non-performance or improper performance of the terms of this Agreement or the Agreement by the User.

5.4 The User has the right to:

5.4.1 The User has the right to refuse to receive e-mail and sms-newsletters (except for those related to the execution of the Order) for this purpose he/she should send a corresponding application to the Platform Owner.

5.4.2 The User shall have other rights provided by this Agreement.

 

  1. Delivery and return of goods

6.1 The execution of the User's Order shall be carried out on the terms and conditions set forth in this Agreement, the Agreement, as well as according to the information posted on the Platform. The period of time automatically determined by the Platform as the Order execution term (delivery term) is indicative and may be increased in case of circumstances that do not allow the Order to be executed within such term. If the User, when delivering the goods to the place specified by the User, does not receive the Order within the storage period specified in the Personal Office or in the notification sent by sms-push-message or communicated in any other way, or after two courier visits, the Platform Owner has the right to bill the User for additional services in the form of storage or additional courier visits in excess of the terms established by the Platform or for each subsequent courier visit at the rates of the courier service, which performs delivery and/or delivery accordingly. If the Goods are not received by the User after 15 days from the moment of notification of the User (the person specified by the User as the recipient) about the readiness of the Goods for delivery, or if the User (the person specified by the User as the recipient) refuses to receive the Goods, the Platform has the right to dispose of the property, in this case, the funds shall be returned to the User in the amount remaining after deduction of the Platform's (Platform Owner's) expenses, as well as the cost of additionally rendered services, unless otherwise provided by the Agreement.

6.2 Delivery of the Goods to the User or the Payee shall be made only upon presentation by the User or the Payee of an identity document and (if applicable) by sending to the courier a code sent through the personal account on the Platform, by SMS or Push message. The Courier shall verify the data specified in the User's or the Payee's identity document with the data specified in the delivery note for the respective Goods. By signing the delivery note upon receipt of the Goods or by giving the above code to the courier, the User/Beneficiary confirms that the courier has identified the User/Beneficiary and compared the data in the identity document with the identity of the User/Beneficiary and the data specified in the delivery note.

6.3 The Platform shall be liable for non-safety of the Goods and/or Consignment, which occurred after acceptance for transportation and before delivery to the Recipient solely due to circumstances for which the Platform is responsible. The Platform shall not be liable for any damage, loss or delay in performance of the obligations assumed under the Contract, if they are caused by circumstances beyond the Platform's control. Such circumstances include, but are not limited to:

  • natural disasters, namely: earthquake, cyclone, storm, flood, fog, fire, etc.;
  • force majeure, namely: hostilities, aircraft crash, car crash, embargo, epidemic, pandemic, riot or riots, strikes, etc.
  • any defects or characteristics due to the properties of the Consignment, even if they have been reported by the User;
  • any acts or omissions of persons who are not employees or sub-agents of the Platform, namely: User, Recipient, third party (including the Seller, in particular, the Seller's failure to comply with the packaging requirements for the Goods), officials;
  • provision to the Platform/third party engaged by the Platform for delivery of the Consignment that is dangerous/prohibited for delivery (forwarding).
  • the adverse effects of electric or magnetic fields on, or erasure of, electronic or photographic images, data or records;
  • the User's failure to fulfill the terms and conditions set forth in this Agreement or the Contract;
  • There is no external damage to the packaging of the Goods, or external damage to the packaging does not correspond to the nature of damage to the Goods;
  • the fact of deterioration of the Consignment is due to failure to comply with the specified temperature regime, standard leakage, loss of weight, volume or standard wear and tear, spontaneous combustion, fermentation, decay, ageing, shrinkage, corrosion and other natural properties of the attachment to the Consignment;
  • the fact of loss or damage of the Goods (part of the attachment) was established after the User/Beneficiary received the Goods, including when the User and the representative of the Platform (courier delivery service) did not draw up the Act on the discovered defects of the Goods signed by both parties when receiving the Goods;
  • when changing the date / address of receipt of the Goods at the initiative of the User / Recipient;
  • the damage caused to the User is not related to the performance of the Platform's obligations to execute the Order (improper quality of attachments, size, color, model, assortment of attachments, etc.).

6.4 In case of packaging irregularities, the User shall, immediately upon receipt of the Goods, request the employee delivering or issuing the Goods to participate in the inspection of the contents and draw up a bilateral Act in the form established by the Platform Owner. If any shortage or damage to the Goods is detected upon receipt, the User and a representative of the Platform Owner (courier service) shall record the identified discrepancies in the Act. If the representative of the Platform fails to draw up and sign the Act when handing over the Goods to the Recipient, or if the Act does not indicate any damage to the packaging of the Goods, the Goods shall be deemed to have been handed over in a proper condition, without any breach of integrity or other package damage capable of causing damage to the Goods, and the Platform shall be deemed to have duly performed its obligations to fulfill the Order in respect of the respective Goods. The User's claims shall not be accepted afterwards. The User shall send a scan copy of the Statement, if it is drawn up, directly to the Platform. If the Statement is not drawn up upon acceptance of the Goods by the User (including acceptance by the Recipient without checking the appearance of the packaging and opening the packaging of the Consignment), the Platform or third parties engaged by the Platform to fulfill the respective User's Order shall not be liable for any defects/loss/damage of the Goods.

6.5 The Platform shall not accept any claims to the quality, quantity, completeness, weight, type, characteristics (both functional and external) and other properties of the Goods. Such claims shall be sent directly to the Seller.

6.6 Return of the Goods of both improper and proper quality to the Seller is carried out independently and at the expense of the User, unless the Seller's rules stipulate otherwise. The Platform does not take part in the process of returning the Goods to the Seller and has the right to refuse the Customer's attempt to return the Goods to the Platform.

 

  1. Exclusive rights

7.1 All objects available on the Platform, including design elements, text, graphic images, illustrations, databases and other objects (hereinafter - the content of the Platform/Site), as well as any content posted on the Platform, are the objects of the Platform's exclusive rights, except for information about the Goods (description, image and other).

7.2 The use of the content of the Platform, as well as any other elements of the Site is possible only within the functionality offered by the Platform. No elements of the Platform/Site may be used in any other way without prior authorization of the right holder. The exceptions are cases expressly provided for by the applicable law or the terms of use of a particular functionality of the Platform.

7.3 When uploading/adding any reviews to the Platform, the User is responsible for the compliance of the content posted by the User with the requirements of applicable law, including liability to third parties in cases where the content of reviews violates the rights and legitimate interests of third parties, including personal non-property rights of authors, other intellectual rights of third parties, and/or infringes on their intangible benefits.      
When using the Platform, the User may not leave reviews that are illegal, malicious, defamatory, violate intellectual property rights and copyrights.

7.4 The User acknowledges and agrees that the Platform does not check the reviews uploaded by the User via the Platform/Site. The User acknowledges and agrees that he/she must independently assess all risks associated with posting reviews on the Platform, as well as indemnify all losses of the Platform in case of any claims against the Platform in connection with the reviews left by the User on the Platform/Site.

7.5 In order to ensure the functioning of the Platform, to exercise the legitimate rights and interests of the Platform, including the legal protection of the relevant objects, as well as for marketing purposes, the User grants the Platform a valid perpetual perpetual royalty-free right to use the reviews uploaded by the Users in any way during the entire term of the exclusive right and the Agreement.

 

  1. Limitation of liability

8.1 The User uses the Platform at his/her own risk. Taking into account the principles of construction and functioning of the Internet, the functionality of the Platform is provided "as is". The Platform does not assume any responsibility, including for the Platform's compliance with the User's expectations or goals.

8.2 The Platform provides Users with access to the Platform and maintains proper functioning of the Platform, promptly restores its operability in case of technical failures and interruptions. However, the Platform does not provide guarantees of uninterrupted operation of the Platform and observance of any deadlines for restoration of the Platform's operability in case of interruptions. The Platform does not guarantee that the Platform meets/will meet the User's requirements and expectations and that the Platform functionality will be provided continuously, quickly, reliably and without errors. The Platform shall take necessary measures to provide the User with quality service, including during technical interruptions in the Platform's operation. All technical failures and errors of the system shall be reported to the Platform technical support e-mail address.

8.3 The Platform shall not be liable for failure to perform or improper performance of its obligations due to failures in telecommunication and energy networks, malicious software actions, as well as unfair actions of third parties aimed at unauthorized access and/or disabling the software and/or hardware complex of the Platform and/or Platform services. The Platform shall not be liable for any expenses of the Principal, direct or indirect damage caused to the Principal as a result of (without limitation): possible errors, failures, interruptions in operation including blocking of the Personal Account, deletion of files, changes in functions, defects, delays in data transmission or processing.

8.4 The Platform shall not be liable for any type of losses of the User arising from the User's use of the Platform or its separate functionality.

8.5 The Agreement applies to all types of interaction between the User and the Platform, including, but not limited to, the following: any actions of the User made through the interface of the Platform, mail, SMS and e-mail correspondence, communication with the contact center of the Platform. The User undertakes to be respectful, tolerant and attentive and to express his/her thoughts clearly when communicating with the Platform employees, not to use foul language, as well as not to use insults and not to express his/her dissatisfaction in a rude manner. If the User violates the provisions of this clause and other conditions set forth in this Agreement, the Platform reserves the right to limit interaction with such User.

8.6 In case of any claims or wishes against the Platform, as well as in case of any alleged violation of property or personal non-property rights, as well as other personal non-property rights of third parties, the User shall notify the Platform of his/her claim, wish or alleged violation by sending a statement or notification by e-mail to [email protected].      
The term for consideration of the claim by the Platform shall be 30 (thirty) business days, unless another special response term is expressly provided for by the Russian legislation.

 

  1. Other provisions

9.1 This Agreement is a contract between the User and the Platform regarding the procedure of using the Platform.

9.2 This Agreement shall be governed by and construed in accordance with the laws applicable to the legal relationship between the User and the Platform and specified in this Agreement.

9.3 If for one or more reasons one or more provisions of this Agreement are declared invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of the Agreement, they shall continue in full force and effect.

9.4 The Parties undertake to keep confidentiality and not to disclose or make available to third parties any information that is the property of the other Party or has signs of such without the written consent of the other Party.

9.5 The Parties recognize all information received by the User in the process of the User's work with the Platform and receipt of the Platform services as having confidentiality (confidential information).

9.6 The User undertakes not to disclose confidential information to anyone, except in cases stipulated by applicable law in fulfillment of the requirements of authorities, law enforcement agencies or courts, or when such information is publicly available, or as mutually agreed by the Parties.

9.7 Information shall not be recognized as confidential if such information:

  • is publicly available;
  • was known to the Party receiving it at the time of disclosure;
  • disclosed unintentionally, despite taking the same precautions as the accused Party takes for its proprietary information.

The Party that violated this provision shall be obliged to compensate the other Party for all losses provided for by the applicable law incurred by the other Party in connection with the disclosure of information related to the performance of the Contract.