This user agreement is concluded between you-the Client, the Advertiser, the Site Administrator and the CPA Network.
Client< / strong> – a person who is attracted by promotion methods to purchase / alienate offers for goods and / or services offered by the Advertiser, who intends to order or purchase, or who orders, purchases or uses goods exclusively for personal, family, household and other needs not related to the implementation of business activities.
< strong>Advertiser – a person who wants to place an offer in the CPA network, in order to alienate a certain product and / or service.
< strong>CPA-network< / strong> (short for Cost Per Action, that is, payment for action) – an electronic environment of business activity, in the process of which a contractual relationship is formed between the Advertiser and the CPA-network, by virtue of which the Advertiser offers offers for goods and/or services, and the CPA-network, in turn, provides an opportunity to place offers on its Internet space to search for persons promoting the advertiser's goods/services on the Internet.
< strong>Site administrator – a person specified as a site administrator when registering a domain name, providing the Advertiser with the opportunity to post information on the site.
Parties< / strong> – Client, Advertiser, CPA Network, Site Administrator.
Website< / strong> – an online resource of an online store, which is under organizational management and belongs to the Advertiser, under the terms of private property rights.
< strong>Public offer – an offer addressed by the administration to an indefinite circle of persons or to several specific persons, which definitely, specifically and expresses the intention of the person who made the offer to consider himself to have concluded this user agreement with the addressee who will accept the offer.
< strong>Acceptance < /strong> – full acceptance by one of the Parties of the terms of the public offer of the CPA-network for the conclusion of this user agreement. Acceptance of the public offer occurs at the time of the beginning of the use of the Site (including for informational purposes) and its services (services).
1. General provisions
1.1. This User Agreement (hereinafter referred to as the "Agreement") defines the general rules for visiting, using the services and the norms of general behavior on the Site by the Client and regulates the civil – legal relations that develop between the Client and the Advertiser, as well as the Client, the Advertiser and the CPA network in the course of their interaction.
1.2. This Agreement may be changed unilaterally by the decision of the CPA network and/or the Advertiser. The CPA Network and / or the Advertiser are under no obligation to personally notify the Client of such changes. The new version of the Agreement comes into force from the moment the Customer purchases the Advertiser's product/service.
1.3. The terms of the Agreement apply to all Customers of the site, without exception.
2. Regulation of the interaction of the parties< / strong>
2.1. The implementation of the services and / or features provided by the Site does not grant the Client any exclusive rights and privileges.
2.2. The Parties to this Agreement have agreed that the CPA Network has the right to place advertising blocks, banners, and ads on the Site in any of its areas, including where the information published by the Client is placed, without the additional consent of the Client.
2.3. The information posted on the Site by the SRA-network, with the exception of information posted on behalf of, or personally by, the Advertiser, is the result of the intellectual activity of the SRA-network and all property and personal non-property rights to such information belong to the SRA-network, until otherwise established. At the same time, the Client does not have any exclusive rights to the result of the intellectual activity of the CPA-network, expressed in graphic, text, audio-video form, posted by the CPA-network on the Site.
2.4. CPA-network is not obliged to protect the violated rights of the Client, in the context of the settlement of disputes arising on this basis, including in court.2.5. CPA-network is not the owner/manufacturer of the goods and / or services posted on the Site and is not responsible for the violation of the Client's rights. The purpose of the CPA network under this Agreement is to collect statistical information about the number of potential customers interested in purchasing goods and/or services by the methods allowed by the Advertiser.
2.6. Violation by the Client or the Advertiser of the copyrights belonging to the CPA-network and (or) other persons, entails for the violator the responsibility provided for by the provisions of the current legislation of the Russian Federation.
2.7. In case of detection of copyright infringement by the Client, through illegal placement of materials that do not belong to the Client, the CPA-network withdraws such materials from free access, at the first request of the legal copyright holder.
2.8. The Client is prohibited from posting on the Site information that directly or indirectly contains generally accepted signs of pornography, offends, infringes, damages someone's dignity, contains calls for violence, outrage and other actions that entail violations of the current legislation, a certain territorial jurisdiction, contains malicious software and (or) other information that may harm third parties.
2.9. In case of violation of the terms of clause 2.8. of this Agreement and non-compliance with the requirements of the CPA-network, including the withdrawal of such information from public access, the Site's Customers are liable under the provisions of this Agreement and (or) the current legislation of the Russian Federation. In this case, the CPA network has the right to remove the information mentioned in clause 2.8. independently.2.10. CPA-network is not responsible for the results of the Client's visits to third-party (external) resources, links to which may be placed on the Site. Results are understood as any result, regardless of its nature, as well as the one from the occurrence of which the Client suffered any material losses, moral damage and other negative manifestations. 2.11. The procedure for conducting remote trading, the rights and obligations of the Parties to the agreement, as well as third parties, special requirements for the processes of interaction between the Parties and the design of advertising platforms, are regulated in a regulatory manner – the Federal Law "On Advertising", the Rules for Conducting Remote trading, approved by the Decree of the Government of the Russian Federation No. 612 of 27.09.2007, as well as other regulatory acts and this Agreement.
3. Rights and obligations of the Advertiser< / strong>
3.1. The Advertiser is obliged to offer the Customer services for the delivery of goods by sending them by mail or transportation, indicating the method of delivery and the type of transport used.
3.2. The Advertiser is obliged to inform the Client about the need to use qualified specialists for the connection, adjustment and commissioning of technically complex products that, according to technical requirements, cannot be put into operation without the participation of relevant specialists.
3.3. The Advertiser does not have the right to perform additional work (provide services) for a fee without the Client's consent.
3.4. The Advertiser is obliged to provide the Customer with information about the main consumer properties of the product and the Advertiser's address (location), the place of manufacture of the product, the full brand name (name) of the Advertiser, the price and terms of purchase of the product, its delivery, service life, expiration date and warranty period, the order of payment for the product, as well as the period during which the offer to conclude the Contract is valid.3.5. The Advertiser, at the time of delivery of the goods, is obliged to inform the Customer in writing of the following information (for imported goods-in Russian):
3.5.1. the name of the technical regulations or other designation established by the legislation of the Russian Federation on technical regulation and indicating the mandatory confirmation of the conformity of the goods;
3.5.2. information about the main consumer properties of the product (works, services), and in relation to food - information about the composition (including the name of food additives, biologically active additives used in the process of manufacturing food, information about the presence of components obtained with the use of genetically engineered organisms in food), nutritional value, purpose, conditions of use and storage of food, methods of making ready meals, weight (volume), date and place of manufacture and packaging (packaging) of food, as well as information about contraindications for their use in certain diseases;3.17.The Advertiser shall bear the costs of making a refund of the amount paid by the Client in accordance with the Agreement. 3.18. Payment for the goods by the Customer by transferring funds to the account of a third party specified by the Advertiser does not release the Advertiser from the obligation to refund the amount paid by the Customer when the Customer returns the goods of both proper and improper quality. 3.19. The advertiser, by posting information on the site, both personally and entrusting it to third parties, including the Site Administrator, guarantees that he has the right to publish and use the posted materials, and is solely responsible for violations of the copyright of third parties.
4. Rights and obligations of the Client< / strong>
4.1. The customer has the right to refuse the product at any time before its transfer, and after the transfer of the product-within 7 days.
4.2. The customer has the right to refuse the goods within 3 months from the date of delivery of the goods, if information about the procedure and terms of return of the goods of proper quality was not provided in writing at the time of delivery of the goods.
4.3. The return of the product of proper quality is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified product are preserved. The absence of the specified document from the Client does not deprive him of the opportunity to refer to other evidence of the purchase of the product from this Advertiser.
4.4. The Customer is not entitled to refuse a product of proper quality that has individually defined properties, if the specified product can be used exclusively by the Customer purchasing it.
4.5. The Customer is obliged to re-pay the cost of services for the delivery of the goods, if the delivery of the goods was made within the terms established by the Contract, but the goods were not transferred to the Customer through his fault, the subsequent delivery is made within the new terms agreed with the Advertiser
4.6. If the goods are transferred to the Customer in violation of the terms of the Contract concerning the quantity, assortment, quality, completeness, packaging and / or packaging of the goods, the Customer may notify the Advertiser of these violations no later than 20 days after receiving the goods.
4.7. If defects are found in the product for which the warranty period or expiration date is not established, the Customer has the right to make claims for defects in the product within a reasonable time, but within 2 years from the date of its transfer to the Customer, unless longer terms are established by regulations or Contract.
4.8. The Customer has the right to make claims to the Advertiser regarding the defects of the product, if they are found during the warranty period or the expiration date.< p>4.9. The Customer to whom the product of improper quality was sold, if it was not agreed by the Advertiser, has the right to demand at his own choice:
a) gratuitous elimination of defects in the product or reimbursement of the costs of their correction by the Client or a third party;
b) a proportionate reduction in the purchase price;< p>c) replacement for a product of a similar brand (model, article) or for the same product of another brand (model, article) with the corresponding recalculation of the purchase price. At the same time, in relation to technically complex and expensive products, these requirements of the Client are subject to satisfaction in the event of significant deficiencies. < p>4.10. The Client, instead of submitting the requirements specified in clause 4.9 of this Agreement, has the right to refuse to perform the Contract and demand a refund of the amount paid for the purchased goods. At the request of the Advertiser and at his expense, the Customer must return the product with defects. 4.11. The Customer has the right to demand full compensation for losses caused to him as a result of the sale of goods of improper quality. Losses are compensated within the time limits established by the Law of the Russian Federation "On Consumer Rights Protection" to meet the relevant requirements of the Client. < p>4.12. The Client has the right to refuse to perform the Contract and demand compensation for the losses caused, if the Advertiser refuses to transfer the goods. 4.13. When returning goods of improper quality, the absence of a document confirming the fact and conditions of the purchase of the goods does not deprive the Customer of the opportunity to refer to other evidence of the purchase of the goods from the Advertiser. 4.14. The refusal or evasion of the Advertiser from drawing up the invoice or the act does not deprive the Client of the right to demand the return of the goods and (or) the refund of the amount paid by the Client in accordance with the Contract. 4.15. The Client has the right to refuse to pay for additional works (services) that are not stipulated in the Contract, and if they are paid, the Client has the right to demand from the Advertiser a refund of the amount paid in excess of the specified amount. 4.16. By analogy with the instructions set out in clause 4.16. of this Agreement, the Client undertakes to act in the case of using the results of intellectual property that belong to third parties. The method and procedure for implementation is specified in the process of negotiations with the copyright holder of the materials.
5. Liability of the parties< / strong>
5.1. CPA-network is not responsible for the actions of the Client that resulted in the violation of the rights of third parties, except in cases specified by the current legislation of the Russian Federation.
5.2. CPA-network is not responsible for the content of the information posted by the Advertiser and / or the Client.
5.3. CPA-network is not responsible for the content of Customer reviews of the Site. Customer reviews of the Site are subjective opinions of their authors, in no way claiming to be objective. They may not coincide with public opinion and do not correspond to reality.
5.4. The decision to issue / not issue personal data is made by the SRA-network only on the basis of a request sent by a person of the SRA-network, in accordance with the procedure established by the current legislation.
5.5. The CPA network has the right not to respond to requests, requests and letters that do not contain the details of the applicant (full name, contact details).
5.6. CPA-network is not responsible for the registration data that was specified by the Client when interacting with the information field of the Site.
5.7. The CPA Network has the right, without giving reasons, to restrict or block the Client's (including unregistered) access to the Site, with partial or complete deletion of the information that was posted by the Client on the Site. The CPA-network undertakes to consider the claim filed in accordance with the procedure provided for in section 5 of the agreement within 30 (thirty) calendar days from the date of its receipt.
6. Dispute Resolution Procedure< / strong>
6.1. In the event that the Site contains information containing the results of intellectual property owned by third parties, the copyright holder must: < / p> 6.1.1. Make a claim with an indication of the actual and regulatory grounds that enable the CPA-network to transfer information to the person violating the rights, or to withdraw information from public access.6.1.2. Attach to the claim evidence of the originality of the result of intellectual property (the original copy, other documents confirming the ownership of the object of copyright). 6.1.3. Send the package of documents referred to in the provisions of clauses 6.1.1., 6.1.2. of this Agreement to the e-mail box.
7. Other conditions
7.1. All possible situations, disputes arising from the relationship between the Client and the Advertiser, as well as the Client, the Advertiser and the CPA Network, which are not regulated by this Agreement, are resolved in accordance with the rules of the current legislation of the Russian Federation.
7.2. The parties to this Agreement are aware of the scope of the rights and obligations arising from the relationship of the persons referred to in this Agreement, and are fully aware of their actions, understanding the legal nature of the consequences of such actions, in full.
7.3. Inaction on the part of the SRA-network in the event of a violation by any of the Clients of the provisions of the Agreement, does not deprive the SRA-network of the right to take appropriate actions later in order to protect its interests and protect the rights protected by law.