This document represents an offer by Opti Group Limited Liability Company (OOO) (OGRN: 1207800135135) (hereinafter referred to as – the Company) to have entered into this Service Agreement on the terms set out below.
TERMS AND DEFINITIONS
The Buyer – an individual entrepreneur/legal entity that has the intention to purchase goods.
The Company – the owner of the site, managing a specialized electronic service on the Internet.
Content – any informational materials, including text, graphics, audio-visual, and other materials that can be accessed using the Service, as well as user content (any materials posted by the User).
A Personal Account – a personal section of the site that the User gets access to after completing the registration and/or authorization on the site. A Personal Account is designed to store the User's personal information, view and manage the available functionality of the Service, Users' interact with each other and with the Company, and receive notifications.
The Site User (hereinafter referred to as – the User) is a Buyer and/or Supplier who has entered into this Agreement with the Company for their benefit following the terms of this Agreement.
The Site Visitor (hereinafter referred to as – the Visitor) is an Internet user who has visited the site for a certain period and is on the site without the registration and/or authorization procedure.
The Supplier – an individual entrepreneur/legal entity engaged in the sale of goods using a remote method and offering the Client to conclude for the purchase and sale contract of goods.
The Manufacturer – a supplier that makes finished products from raw materials to make a profit.
The Distributor – a supplier who purchases goods directly from the manufacturer.
The Dealer – a supplier who purchases a product from a manufacturer or distributor for further sale.
A Site – an Internet resource that includes documents (web pages) combined with links and a common structure, available at http://optymarket.com (including all domain levels).
A Service – the site and the content posted on it with certain functionality, to which Users are granted access using the Company's software and hardware integrated with the site.
THE SUBJECT OF THE AGREEMENT
Under this Agreement, the Company undertakes to provide Users with services to provide access to the functionality of the service under the selected tariff to search for counterparties.
The Company's Service is a platform to enable the Supplier at their risk to place offers addressed to a general public/specific person, to enter the transaction in respect of goods which the Supplier is authorized to implement and the Buyer to take at reasonable discretion and under their responsibility the offers posted on the Service by the Supplier, by entering into the relevant transaction with the Supplier.
The Company is not the organizer of the transaction, Supplier, Buyer, Carrier, Insurer, Customer, Contractor, intermediary, agent, or representative of any User and/or another interested party in relation to the proposed/concluded transaction between Users. All transactions made between Users are concluded and executed without any participation of the Company.
Responsibility for the performance of the contract concluded between Users on the basis of the information provided by the Company about the goods sold by the Supplier, the quality of such goods, rests with the Party to which such responsibility is assigned in accordance with the contract concluded between Users. The Company is not responsible for the performance/proper performance of the contract between Users and the quality of goods sold by the Supplier.
The Company provides authorized Users with the opportunity to post information about themselves, about their goods in accordance with goods categories or about their requests on the service, search and view information on the service to search for potential counterparties, interact with other Users to conclude for the purchase and sale contracts of goods.
The company provides Visitors with the opportunity to view information on the site.
GENERAL CONDITIONS OF SERVICE
To access the functionality of the service, the User must register on the site using the name of the User's representative, the mobile phone number of the User's representative, and the email address. After registration, the User gets to a Personal Account.
After registration, the Supplier receives a notification that the registration was successful and he/she is registered, as well as that it is necessary to provide the information about the product.
The Supplier must fill in the information about the Supplier in the field “About the Company”: INN, the description, the telephone, the site (if available) of the Supplier, other information that the Supplier wants to provide.
The Supplier is obliged to upload information about the product offered for sale in the personal account: description, characteristics, cost of the product, other data about the product that the Supplier wants to provide, as well as an image of the product.
After that, the Company verifies within 24 hours from the moment of uploading the product information on the compliance of the posted information with the requirements described in this Agreement. If incomplete information about the product is uploaded, the image of the product is absent, then the Supplier is not provided with the opportunity to work with the application (in this case, the Supplier cannot see information about the Buyer, their contact details, or interact with the Buyer by correspondence). After verification, the Supplier is notified of the moderation status and the corresponding status is assigned: manufacturer or distributor, or dealer.
The Company has the right to verify further the information provided by the Supplier about the product and demand that it be corrected in accordance with the rules established hereby.
The Supplier for easy downloading of the information about the product is entitled to use such functions in a personal account as “Import” and “Import from YML feed” that allow uploading information on the site from the Supplier file and the function “Sync categories”, which allows leading to uniformity the Supplier Product Categories with the categories of goods indicated on the service.
In addition, there is a “Support” (chat) function in the Supplier's Personal Account for feedback with the Company's specialists, which allows you to correspond on emerging issues in real-time with the possibility of attaching files, and also gives you the opportunity to send the Company comments related to the work of the Service, including suggestions, remarks, reviews, and other comments.
If desired, the Supplier has the right to pass the Verification procedure. To do this, in the chat with the Company (the “Support” function), the Supplier has the right to send the Company, at its discretion, any of the documents related to the creation of the Supplier's organization and its functioning. Such documents, depending on the personal law of the Supplier and the type of legal entity, may include the following or similar documents, namely: INN certificate; OGRN certificate or a List of Records on the establishment of the organization; Charter, decision/protocol on the appointment of a person who has the right to act on behalf of the organization without a power of attorney, an order for the head of the organization, other documents provided at the request of the Supplier. The Company has the right to request additional documents from the Supplier. The scanned copies of the submitted documents should be of good quality, easy to read, in JPG or PDF format.
The Company verified the Supplier on the basis of the submitted documents within 24 hours after uploading the required documents. If the documents do not meet the criteria, or the documents contain contradictions to the information published in open sources, or not all documents are submitted, the “Verified” status is not assigned to the Supplier. If no violations or contradictions are found based on the results of the verification, the “Verified” status is assigned to the Supplier. This status is visible to Buyers and allows making a conclusion about the reliability of the Supplier. The “Verified” status means that the documents submitted by the Supplier do not contain contradictory information, and also that the provided information corresponds to the information posted in the authorities competent with regard to the state registration, control, and verify the activities of legal entities and individual entrepreneurs.
To get acquainted with the functionality of the service, the Supplier has the right to get “Trial access”, as well as use the “Find a Buyer” function. To do this, the Supplier must pass the registration procedure, as well as download information about the product. After that, the supplier will have the opportunity to process one relevant trial application.
The Supplier has the right to use the “Call me back” function by informing the Company of the contact phone number or by calling the Company itself. The Company's specialists will provide assistance in using the functionality of the site, help with registration, downloading product information, verification, and help in searching for applications.
To be able to process applications (“Respond”), the Supplier is obliged to select and pay the appropriate tariff for access to the functionality of the service.
Within 24 hours after the Supplier pays for the selected tariff for access to the functionality of the service, the Supplier receives the opportunity, in accordance with the selected tariff to process the applications available on the site, namely: accesses the contact data of the Buyer, the opportunity to enter into correspondence with the Buyer via “Messages” (chat) in a personal account (for discussion of delivery conditions, the contract with the ability to share files), automatic distribution of Buyers' requests for the category/categories of goods sold by the Supplier; advertising of the category of goods on Yandex.Direct and Google AdWords (depending on the conditions of the selected tariff).
After registration, the Buyer receives a notification that the registration was successful and he/she is registered.
After registration, the Buyer can search for a Supplier, as well as create applications. The application must contain the name and quantity of the product to be purchased by the Buyer. The Company checks the application, after which the application is published on the site and becomes available to Suppliers.
In addition, there is a “Support” (chat) function in the Buyer's Personal Account for feedback with the Company's specialists, which allows you to correspond on emerging issues in real-time with the possibility of attaching files, and also gives you the opportunity to send the Company comments related to the work of the Service, including suggestions, remarks, reviews, and other comments.
The Buyer has the opportunity to interact with the Supplier by correspondence through the “Messages” (chat) function, to discuss among themselves the terms of goods delivery, the conclusion of a contract with the possibility to share files.
The Buyer has the opportunity, if necessary, to order the necessary services individually or in a complex, for transportation, forwarding, placement, storage, customs clearance, certification, insurance of goods, and other services related to the goods using the “Logistics Services” function. Logistics services are provided in accordance with the rules established on the corresponding service.
To get acquainted with the functionality of the Service, the Buyer has the right to use the “Find a Purchaser” function. To do this, the Buyer must pass the registration procedure and make an application.
The Buyer has the right to use the “Call me back” function by informing the Company of the contact phone number or by calling the Company itself. The Company's specialists will provide assistance in using the functionality of the site, help with registration, search for a supplier, and making the applications.
The Buyer has the right to evaluate the Supplier, as well as publish a review about the Supplier. The Company reserves the right to verify the facts specified in the review, as well as the right to publish reviews about the Supplier, Company, and Service.
New functions can be added to Users' Personal Accounts, which the Company notifies the User about.
By registering on the site, the Supplier and/or Buyer guarantees that:
- it is a properly registered organization;
- it possesses the goods offered for purchase legally, the goods are fully tradable, have no restrictions, encumbrances, and are free and clear of disputes or attachment;
- it has all the necessary permits, permissions, licenses, certificates, and other documents, as well as meets all the requirements of the current legislation for the sale of relevant goods;
- it fulfills its tax obligations properly, including timely submission of tax reports (declarations) reflecting the real facts of its economic activity, pays taxes, provides information and documents at the request of tax authorities;
- the provided information is accurate, up-to-date and does not violate current legislation, as well as the rights of third parties and will be updated as necessary;
- it is the owner of the information (user content) that is placed on the site (including images, trademarks, product descriptions, product information, contact details, and other information);
- the content posted by it complies with and does not violate the norms established by the Federal Law dated 29.12.2010 No. 436-FZ “On Protection of Children from Information Harmful to Their Health and Development”, the legislation on intellectual property and other applicable legislation. At the same time, this endorsement is essential for the company.
- it has received from an individual (a representative of the Supplier and/or Buyer) - a personal data processing consent for the Company reported by such a representative.
- their officials are not disqualified and there are no other obstacles to the exercise of their powers and duties;
After registration, the User can log in to his/her personal account (pass authorization) using the mobile phone number specified in the personal account, by entering the password created during registration.
The User is fully responsible for maintaining the confidentiality of information for access to his/her personal account, as well as for all activities that are conducted on behalf of the User.
The User undertakes to inform the Company about all cases of hacking or other unauthorized access to electronic mailboxes, phone numbers, personal account. In the absence of such notification, all actions performed on the site using the User's data will be considered as performed by the User. The User will be responsible for such actions.
The Company has the right to request from the User the documents confirming the accuracy of the provided information and/or the User's authority at any time. If the User does not respond to the request, the Company has the right to restrict access to his/her personal account.
By accepting this agreement, the Supplier and/or Buyer confirm that the Company is not responsible for the completeness and accuracy of the information (content) that Users provide on the site, so when negotiating and concluding transactions among themselves, Users undertake to exercise due diligence and act in good faith.
By accepting this agreement, the Supplier and/or the Buyer confirm that the user content is posted by Users independently without any participation or approval from the Company. By posting user content on the site, the User understands and agrees that it makes him/her available to other Internet users.
The Company does not provide third parties with information about Users and their content that is not publicly available, except as required by law. The Company is not responsible for illegal actions of third parties in relation to the information specified by the User on the site.
If necessary, the Company has the right to view Users' correspondence selectively.
The Company has the right to send Users system notifications about registration on the site, about restricting access to the personal account, service messages, news and offers of an advertising and marketing nature. Notifications can be sent to your personal account, to the email address or phone number specified during registration. The User can manage the receipt of news and marketing offers in the settings of the personal account.
The user has the right to delete his/her personal account at any time by contacting the support service.
The Company reserves the right to remove/block access to the User's personal account without explanation: if within six months the User does not use the site service; if the User does not perform or performs the terms of this Agreement improperly; if there is reason to believe that using the personal User profile or other equipment, the violation of the law, the rights of third parties or of this Agreement has occurred or may occur.
THE SERVICE COST AND THE PROCEDURE FOR HANDOVER-ACCEPTANCE OF THE PROVIDED SERVICES
The cost of the Company's services for the Supplier is set according to the selected tariff. VAT free. Tariffs and corresponding functionality of the service are available on the page http://optymarket.com.
Payment is made in accordance with the payment terms posted on the page http://optymarket.com. The Supplier's payment obligations are considered fulfilled from the moment of receipt of funds to the Company's current account.
The service is considered to be provided by the Company in full and properly and accepted by the Supplier after providing the Supplier with access to the functionality of the service.
The Company, at the request of the Supplier, within 3 working days from the date of receipt of the request, submits to the Supplier an act of the provided services.
The Company provides Buyers with services to provide access to the functionality of the service to search for contractors free of charge.
The provision of certain site functionality may be subject to special conditions, and the cost of access to certain site functionality for Buyers and/or Suppliers will be posted by the Company on the page http://optymarket.com.
DISPUTE RESOLUTION PROCEDURE
Disputes and disagreements between the Company and the User are resolved through negotiations. The claim procedure for dispute settlement is mandatory. The party receiving the claim is obliged to review it and send a response within 10 (ten) working days from the date of receipt of the claim. The claims are sent by registered mail or by e-mail. If it is impossible to resolve these disputes through negotiations, such disputes are subject to resolution in accordance with the current legislation of the Russian Federation at the location of the Company.
Disputes and disagreements that have arisen between Users are resolved in accordance with the terms of the agreement concluded by these Users.
The applicable law under this Agreement is the legislation of the Russian Federation
All rights to use the domain name, the site and its constituent intellectual property belong to the Company. The Site/Service may not be copied, published, reproduced, transmitted or distributed in any way, in whole or in part, without the prior written consent of the Company.
Any use, other than as provided for in this Agreement, of the results of intellectual activity posted on the Service/Site without the permission of the legal right holder is illegal and may result in liability provided for by law.
By posting user content on the site, the User grants the Company the right to use this content for the purposes necessary for the performance of this agreement on the territory of the whole world for the entire period of validity of the right in the ways provided for in article 1270 of the Civil Code of the Russian Federation, without providing reports.
Either Party has the right to withdraw from the performance of this Agreement unilaterally out of court by sending a written notice to the other Party at least 10 (ten) calendar days before the expected date of termination, by reimbursing the other Party for the costs actually incurred before the termination of the Contract, unless otherwise provided by this Agreement.
The User or any other visitor to the site undertakes to: act in good faith and reasonably.
For violation by the Supplier of the representations/ guarantees/ placement of false information/non-performance/violation of the term of performance of the Supplier's obligations non-performance/ improper performance of this Agreement, the Supplier reimburses the Company a penalty of 500 rubles for each day during which the corresponding violation lasted, as well as reimburses the costs and losses caused by the violation.
For non-performance/improper performance of this Agreement by the Buyer, the Buyer shall reimburse the Company for a penalty in the amount of 500 rubles for each day during which the corresponding violation lasted, as well as reimburse the costs and losses caused by the violation.
If the authorized bodies/organizations/officials impose a fine on the User caused by non-compliance of the content posted by the User with the current legislation of the Russian Federation, all penalties are paid by the User and are not subject to compensation from the Company, and in case of payment of the corresponding fine by the Company, the User is obliged to reimburse the amount of such fine within 10 (ten) working days from the date of receipt of the relevant request of the Company.
In the case of any claims of third parties to the Company due to the content posted by the User, the User undertakes to stop the violation at the first request of the Company immediately, if there is a violation on the part of the User. All monetary claims are paid by the User to third parties who have submitted them and are not subject to compensation from the Company, and in case of payment of the corresponding monetary claims by the Company, the User is obliged to reimburse the amount of such claims within 10 (ten) working days from the date of receipt of the corresponding claim by the Company.
The User who has given misrepresentations under this agreement is responsible for the losses caused by such misrepresentations. Along with the claim for damages, the Company, which relied on misrepresentations of the User, which are essential for it, has the right to refuse unilaterally out of court from the execution of this agreement, to restrict or remove access to the personal account of the relevant User, to require the User to pay a fine in the amount of the tariff used by the User.
The Company is not liable to Users or to any third parties for any loss, damage to honor, dignity or business reputation caused in connection with the use of the site or in connection with the service operation. Under any circumstances, the Company's liability is limited to 1,000 (one thousand) rubles and is imposed on it only if there is guilt in its actions. The Company does not guarantee that the information posted on the site will not be deleted or lost, will be available at any time, is not responsible for failures and delays in the operation of the site, information leakage, the presence of viruses, possible consequences of infection of the User's computer with viruses. The Company's site may contain links to third-party sites, and the Company is not responsible for the availability, content, and legality of such third-party sites.
The Company has the right to carry out periodic technical work on the site.
The provision of certain site functionality may be subject to special terms and conditions. The functionality of the site may be changed, supplemented or terminated at any time without prior notice to Users.
The Company has the right to unilaterally amend the terms of this Agreement. Information about changes to this Agreement is communicated to the User either by posting on the site or in the User's personal account by sending a corresponding notification two weeks before the upcoming change. By continuing to use the site after the change of this Agreement, the User agrees to the changes made to the Agreement.
The User undertakes to visit the page on which this Agreement is posted periodically http://optymarket.com In case of disagreement with any of the terms of this Agreement, the User undertakes to immediately stop using the Site/Service.
This Agreement is regulated by the current legislation of the Russian Federation, comes into force from the moment of its acceptance by the User, and is valid for an indefinite period.
Revised on December 11, 2020.