Terms of sale and delivery
(Revision dated 23.11.2021)
These Rules are developed by the Limited Liability Company “Enex” and contain the conditions for the purchase of goods and services on the Enex platform.
In order to make our cooperation useful and avoid misunderstanding, we kindly ask you to familiarize yourself with these Rules before making purchases on the Platform. In case of disagreement with the provisions of these Rules, we ask you to refrain from making purchases on the Platform.
1. Terms and Definitions
Platform - the website https://enex.market/en/ , including all levels of this domain.
Marketplace - Limited Liability Company “Enex”.
Goods - inventory items, information about which is presented on the Platform.
Information about the Goods - any information about the Goods posted by the Manufacturer on the Platform, including the name of the Goods, trademark (model), information about the range, technical, functional, consumer characteristics of the Goods, about the manufacturer of the Goods, about the price of the Goods, about discounts on Goods, on marketing and other promotions held in relation to the Goods.
Manufacturer - a legal entity (individual entrepreneur) that is registered on the Platform and posted on it an offer to sell the Goods or posted information about the Goods for exhibition purposes.
Seller - Marketplace or Manufacturer, depending on who is a party to the contract of sale of the Goods concluded on the Platform.
Buyer - a legal entity (individual entrepreneur) or an individual who has purchased the Product on the Platform or has the intention to purchase it.
Order - a Buyer's request executed using the Platform’s functionality to purchase the selected Product, as well as a request for the provision of services for organizing the delivery of such Goods.
Parties - Buyer and Seller.
Carrier - a legal entity (individual entrepreneur) providing services for the transport of goods or freight forwarding services.
CCRF - Civil Code of the Russian Federation.
2. General Provisions
2.1. Making and confirming the Order in order to complete the purchase of the Goods on the Platform, as well as registering on the Platform, the Buyer automatically accepts all the conditions set forth in these Rules, as well as in the Privacy Policy and Terms of Use of the Platform.
2.2. These Rules in conjunction with the Information on the Goods and the Terms of its delivery presented on the Platform are:
- an offer of the Marketplace, acting on its own behalf or on behalf of the Manufacturer, to conclude a contract of sale of the goods ordered on the Platform, which contains all the essential conditions of such an agreement;
- an offer of the Marketplace to conclude a contract for the organization of the delivery of the goods ordered on the Platform, which contains all the essential conditions of such a contract.
2.3. These Rules, as well as the Information on the Goods and the Terms of their delivery presented on the Platform, in accordance with Article 435 and Clause 2 of Article 433 of the Civil Code of the Russian Federation, are a public offer. The offer is addressed to individuals, individual entrepreneurs and legal entities.
An individual in this paragraph and hereinafter means a fully capable individual who intends to acquire or purchases on the Platform the Goods solely for personal, family, household and other needs not related to entrepreneurial activity.
2.4. The actions for placing an Order, its confirmation and payment are the Buyer's consent to purchase the Goods, as well as services for organizing the delivery of the ordered Goods (if the Buyer has ordered such services) under the terms of these Rules.
2.5. When ordering Goods on the Platform, the Buyer concludes a contract for the sale of the Goods with Marketplace. At the same time, Marketplace acts as an agent of the Manufacturer from whom the Goods were ordered; relations between Marketplace and the Manufacturer are governed by the provisions of Chapter 52 of the CCRF.
2.5.1. By concluding on the Platform a contract for the sale of the Goods with a legal entity or an individual entrepreneur, Marketplace is acting on behalf of and at the expense of the Manufacturer whose Goods the Buyer ordered. The rights and obligations under such a transaction arise directly from the Manufacturer.
2.5.2. When concluding an agreement on the sale of the Goods on the Platform with an individual, the Marketplace acts on its own behalf, but at the expense of the Manufacturer, the Goods of which the Buyer ordered. The rights and obligations of such a transaction arise at Marketplace. The goods are transferred to the Buyer or the Carrier in the manufacturer’s warehouse.
2.6. Within the framework of one Order, the Buyer has the opportunity to order the goods of several manufacturers.
2.7. Carrying out an order for services on the organization of the delivery of goods on the Platform, the Buyer concludes an agreement on the organization of delivery of goods with the Marketplace.
2.8. The contract with the Buyer - an individual is considered concluded from the moment the Buyer receives the goods or cashier's checks in accordance with paragraph 20 of the Rules for the sale of goods remotely, approved by Decree of the Government of the Russian Federation dated September 27, 2007 No. 612.
2.9. The contract with the Buyer - a legal entity or an individual entrepreneur, is considered concluded from the moment of payment of the Order. The moment of payment for the Order is the receipt of an advance payment for the Goods on the Marketplace account.
3. Subjects of contracts concluded on the Platform
3.1. As part of the execution of the contract of sale of the Goods concluded by Marketplace on behalf of and at the expense of the Manufacturer (clause 2.5.1. of these Rules), the Manufacturer undertakes to transfer the ordered Goods to the Buyer, and the Buyer undertakes to accept and pay for this Goods. The Buyer fully understands and agrees that in the event of the conclusion of a contract of sale of the Goods with the Marketplace acting on behalf of and at the expense of the Manufacturer, the Marketplace is not a party to this transaction and does not bear obligations related to its execution, except as provided for in these Rules and agency agreement with the manufacturer.
3.2. As part of the execution of the contract of sale of the Goods concluded by the Marketplace on its own behalf (clause 2.5.2. of these Rules), the Marketplace undertakes to implement the ordered Goods on its own behalf, but at the expense of the Manufacturer, and the Buyer agrees to accept and pay for this Product. Actual actions to implement such an agreement, including shipment of the Goods, its warranty service, elimination of defects of the Goods, its replacement, are carried out by the Manufacturer.
3.3. As part of the execution of the contract for the organization of the delivery of the Goods, the Marketplace shall, on behalf of the Buyer, acting on its own behalf, but at the expense of the Buyer, arrange for the delivery of the ordered Goods, and the Buyer undertakes to reimburse the costs of the Marketplace and pay the agreed payment to the Marketplace. The Rules of such an agreement are indicated in section 8 of these Rules.
4. Information about Goods, requirements for the Goods, its packaging and labeling
4.1. The Platform contains the information necessary for concluding a sale contract Information on the Goods. This information is provided by the manufacturers. If the Buyer needs additional information about the Goods, including certificates (declarations) for the Goods, in order to make a decision on the purchase, as well as if the Buyer has questions regarding the properties and characteristics of the Goods, the Buyer should contact the Manufacturer or the Marketplace before placing the Order using the appropriate functionality of the Platform, or by contact phone.
4.2. The photo materials presented on the Platform are images of the Goods. The original type of product may differ from the photo material presented on the Platform.
4.3. The Goods sold on the Platform are new, not restored. The quality of the goods sold complies with the mandatory requirements established by regulatory documents (GOST, TU, etc.) for the corresponding type of product.
4.4. The service life (shelf life) of the Goods is determined by the Manufacturer and is indicated in the documents for the Goods.
4.5. The goods transferred to the Buyer are packaged (resting) in containers (packaging) that are usually used for them. Containers (packaging) is a one-time, not subject to return to the Manufacturer. The cost of container (packaging) of goods is included in the price of the product and is not separately paid, unless otherwise specified on the Platform when describing the goods.
4.6. Marking of the Goods meets the usual requirements.
5. Ordering
5.1. The ability to place an Order is available only to persons registered on the Platform as Buyers.
5.2. The buyer independently places an order using the functionality of the platform. Within the framework of one Order, the Buyer can choose and purchase the Goods of several Sellers.
5.3. Each Order is assigned a number. In the personal account, the Buyer can track the change in the status of the Order.
5.4. The Order number is indicated in the sales receipt, invoice, electronic form of the Order on the Platform or other documents generated by the Marketplace or the Manufacturer confirming the fact of placing the Order.
5.5. After completing the Order, but before its payment, the Buyer has the right to change or completely cancel his Order.
5.6. If the Buyer has not paid for the Order at the specified time, Marketplace has the right to cancel such an order.
5.7. In the absence of goods at the manufacturer’s warehouse at the time of the order, Marketplace informs the Buyer about this within 2 business days. The buyer has the right to agree to purchase another Product in return for the previously ordered, or to increase the delivery time, or cancel the Order.
5.8. If the price of the ordered Goods is incorrectly indicated on the Platform, the Marketplace informs the Buyer about this to confirm the Order at the corrected price or cancel the Order.
5.9. If it was not possible to contact the Buyer using the contact information indicated by him, Marketplace has the right to cancel the executed Order.
5.10. If the paid Order has been fully or partially canceled, the cost of this Order (part of the Order) is returned to the Buyer in the manner in which the Order was paid.
5.11. Some positions of the Goods are presented on the Platform for informational purposes (exhibition Goods), information about such Goods is not an offer, the “place an order” button for the Goods is not active. The Platform has functionality that allows the Buyer to contact the Manufacturer to discuss the acquisition of the exhibition Goods.
6. Price and payment procedure
6.1. The price of the Goods is set by the Manufacturer and is indicated on the Platform in the description of the Goods. The price of the Goods includes value added tax if the relevant Manufacturer applies the general taxation system.
6.2. The price of the Goods on the Platform does not include the cost of delivery to the Buyer, including customs payments and duties (upon delivery of the Goods from a foreign Manufacturer).
6.3. If the price of the Goods is indicated on the Platform in foreign currency, payment for such Goods is made in rubles at the exchange rate of this currency, valid on the date of transfer of funds.
6.4. The total cost of the Order consists of the total cost of all items of the ordered Goods and the cost of Marketplace services for the organization of delivery (if such services were ordered by the Buyer). The total cost of the Order is indicated on the order page.
6.5. Payment for the Order is made in rubles by bank transfer in the order of 100% prepayment. Payment for goods by bank transfer is carried out:
· using a bank or other payment card at the time of placing the Order;
· by transferring funds to the Seller’s bank account with the order number.
6.6. Description of the payment process using plastic cards.
To pay for the purchase, the Buyer is redirected to the payment gateway of Sberbank PJSC to enter the card details. Connection to the payment gateway of Sberbank PJSC and information transfer is carried out in a secure mode using the SSL encryption protocol. If the Buyer's bank supports the technology of secure Internet payments Verified by Visa or MasterCard Secure Code, a special password may also be required to make a payment. The methods and the possibility of obtaining passwords for making Internet payments can be clarified in the bank that issued the card. The platform supports 256-bit encryption. Confidentiality of the personal information provided is ensured by Sberbank PJSC. The information entered will not be provided to third parties, except as provided by the laws of the Russian Federation. Bank card payments are carried out in strict accordance with the requirements of payment systems. Transactions related to the payment of goods are secured in a secure manner using the SSL encryption protocol, with the protection of bank card data.
6.7. Part of the cost of the Order (no more than 20%) the Buyer can pay with Enex bonuses. The procedure and conditions for calculating and debiting bonuses are specified in these Rules.
6.8. The fact of payment of the Order by an individual is confirmed by an electronic cash receipt, which Marketplace sends to the Buyer's email when paying for the Order.
6.9. If the Buyer is a legal entity or an individual entrepreneur, then after completing the Order, Marketplace, at the Buyer's choice, issues an invoice for payment. The parties acknowledge the validity of the invoice issued electronically.
6.10. If the Buyer, when placing the Order, ordered services for organizing the delivery of the Goods, then the invoice for payment additionally indicates the total cost of these services, including the costs of the Marketplace and its remuneration for the organization of delivery, as well as general delivery conditions. Upon delivery of foreign goods, customs payments and duties may not be reflected in the invoice. The Buyer is aware and accepts that the costs associated with the customs clearance of goods imported into the Russian Federation can be presented for payment to the Buyer additionally. Marketplace makes every effort to inform the Buyer of the possible customs costs.
6.11. Payment of the Bill confirms the Buyer's full and unconditional consent to purchase the ordered Goods, as well as services for organizing the delivery of the Goods (if ordered) on the Terms of these Rules.
6.12. In case of non-payment by the Buyer of the invoice within 3 business days from the date of its invoice, Marketplace is entitled to cancel the Order by which this invoice was issued.
6.13. Marketplace transfers to the Manufacturer the funds received for the Goods in accordance with the terms of the agency agreement concluded with the Manufacturer.
6.14. Marketplace is not a paying agent when making settlements for the Goods based on paragraphs 1, 4 p. 2 art.1 of the Federal Law dated 03.06.2009 No. 103-ФЗ “On the activity of receiving payments from individuals by payment agents”.
6.15. Buyer's actions in case of problems with payment.
Payment may not go through because:
· Incorrect card data entered.
· The card has expired.
· There is not enough money on the card.
· It is impossible to confirm a card operation with a one-time password from SMS.
· The bank has set a ban on online payments.
If the payment failed:
· Please try again in 20 minutes.
· Contact the bank that issued the card.
· Try to pay with a different card.
7. Enex Bonuses
7.1. This section defines the conditions and procedure for the accumulation and use of loyalty points (hereinafter referred to as the bonuses) by the Users authorized on the Platform as the Buyers. The bonus program is a loyalty program and is implemented by the Marketplace in order to attract and to encourage the Buyers, to retain the existing ones; the program is aimed at forming and further maintaining the Buyer's loyalty to the Marketplace and the Manufacturers, as well as to expand market share and to increase profits.
7.2. When buying the Goods on the Platform, the authorized Buyer receives bonuses. Each Buyer has his/her own bonus account, which is formed automatically upon registration of the account on the Platform.
7.3. Bonuses are a conventional unit that is used for accounting purposes, it is not a kind of currency or security, it cannot be cashed or exchanged for money. The accumulation of bonuses allows to receive encouragement (discount) when buying the Goods.
7.4. Bonuses shall be awarded as follows: 1% in bonuses shall be awarded from each purchase of the Goods on the Platform. 1 bonus = 1 ruble of the Russian Federation. For certain categories (items) of the Goods, the percentage of the awarded bonuses can be changed by the Marketplace or the Manufacturer.
7.5. Bonuses shall be awarded within Three (3) working days from the date of purchase. The Information on the awarded bonuses is available in your personal account.
7.6. When calculating the number of awarded bonuses, this value shall be rounded to the whole number.
7.7. When awarding bonuses, the part of the payment that was made with the use of bonuses is not taken into account.
7.8. When the Buye returns the purchased Goods, the bonuses awarded for this purchase shall be deducted from the Buyer's bonus account.
7.9. When placing the Order, the cart displays the number of bonuses that will be awarded when making a purchase, as well as the part of the price of the Goods, which is paid by bonuses.
7.10. The User has the opportunity to pay for future purchases of the Goods on the Platform using bonuses at the rate of 1 bonus = 1 ruble of the Russian Federation.
7.11. It is possible to pay not more than 20% of the value of the Goods using bonuses. The services to organize delivery cannot be paid for using bonuses.
7.12. In the event of return of the Goods purchased by the Buyer, bonuses shall be returned to the Bonus account of the Participant within five (5) working days from the date of confirmation of return by the Manufacturer or the Marketplace.
7.13. Several items of the Goods in the Order may be paid for using bonuses, and bonuses will be distributed between the Order items in proportion to the cost of these items. Вonuses distributed between the Order Items shall be rounded to the whole value. In the event of return of one of the Goods from such Order to the bonus account of the Buyer, the number of bonuses written off proportionally in respect of these Goods when making payment for the order shall be returned within five (5) working days from the date of confirmation of return by the Manufacturer or Marketplace.
7.14. The use of bonuses, as well as their accrual may be temporarily unavailable for technical reasons.
7.15. Sale, donation or other alienation of bonuses accumulated by the Buyer shall be prohibited
7.16. The Marketplace shall be entitled to suspend the accrual/write-off of the bonuses for the period of consideration of the situation in case of detection of dishonesty and/or violation of these Terms in the actions of these Terms.
7.17. The Marketplace shall be entitled to block the bonus account and to cancel the bonuses of the Buyer in case of the Buyer's unfair actions and/or violation of these Terms.
7.18. The Marketplace shall be entitled to cancel bonuses that have been awarded incorrectly, for example, as a result of a technical failure, as well as bonuses awarded as a result of abuse, unfair actions of the Buyer or third parties.
7.19. Validity period of bonuses: until the removal of the Buyer's account from the Platform or until the Buyer's refusal from award of bonuses, if the Buyer declares such refusal.
7.20. If the Buyer for any reason does not want to receive bonuses, he/she must send an appropriate request to the e-mail of the Marketplace: info@enex.market.
7.21. The Marketplace shall be entitled to determine, supplement and change the procedure and conditions for the award and use of the bonuses unilaterally at its own discretion.
8. Delivery of goods
8.1. The ordered goods are shipped to the buyer from the manufacturer’s warehouse.
8.2. Delivery of the ordered goods is carried out in the following ways:
8.2.1. pickup from the manufacturer’s warehouse - free
8.2.2. by attracting the Carrier by the Buyer - the cost of delivery is determined by agreement between the Carrier and the Buyer;
8.2.3. by arranging delivery by Marketplace (section 8 of these Rules) - the cost is calculated when placing the Order.
8.3. The agreed delivery method is the method chosen by the Buyer when placing the Order.
8.4. Delivery of the ordered Goods is carried out at the address indicated by the Buyer when registering on the Platform, or at another address specified by the Buyer when placing the Order. The buyer can choose the delivery to the terminal of the transport company.
8.5. The ordered Goods are deemed delivered at the time of their transfer to the Buyer or to the person indicated as the recipient when placing the Order. Upon receipt of an order from the Buyer (recipient), an identity document may be required.
8.6. Ownership of the Goods and the risk of their accidental loss pass to the Buyer at the time of shipment of the Goods from the manufacturer’s warehouse.
8.7. When transferring the ordered Goods, the Buyer must check the appearance and packaging, the quantity of the Goods, completeness, assortment, integrity of the products. The Buyer's signature in the documents confirming receipt of the ordered Goods means no claims by the Buyer regarding the quantity, appearance, assortment and completeness of the Goods. After acceptance of the Goods, claims to the Goods regarding the above characteristics are not accepted.
8.8. If the ordered Goods were not transferred to the Buyer through his fault, the subsequent delivery is carried out in the new terms agreed with the Marketplace, after the Buyer prepays the prepayment of the cost of organizing the delivery of the Goods.
9. Marketplace services for the organization of the delivery of goods.
9.1. The services of the Marketplace for the organization of the delivery of goods the Buyer can order when placing an Order. This delivery method is considered selected by the Buyer, if the Buyer has not chosen another delivery method when placing the Order.
9.2. Relations between the Buyer and Marketplace when organizing the latter delivery of the Goods are governed by the provisions of Chapter 52 of the CCRF.
9.3. According to the terms of the contract for the organization of the delivery of the Goods, Marketplace is obliged, on behalf of the Buyer, on its own behalf, but at the expense of the Buyer to carry out the following actions:
- search for Carriers and conclude with them on their own behalf and at the expense of the Buyer transportation / forwarding agreements, the subject of which is the transportation of goods purchased by the Buyer on the Platform;
- carry out a full range of actions aimed at the execution of concluded contracts of carriage (transport expedition), including sending applications for the carriage of goods to the Carriers, agree with the Carriers the route and other conditions of carriage, monitor the progress of the carriage, draw up the necessary transport documents;
- conclude other agreements necessary for the organization of the carriage of goods in the interests of the Buyer, and take all necessary actions to implement such agreements.
The Buyer's order is an executed and paid Order.
The Buyer is informed and agrees that upon delivery of foreign goods from the Buyer, in accordance with the legislation of the Russian Federation, additional customs payments related to the importation of goods into the territory of the Russian Federation may be recovered.
9.4. For the execution of the order specified in clause 8.3. of these Rules, the Buyer pays agent’s commission to Marketplace, as well as reimburses Marketplace for the costs associated with the execution of the order.
9.5. The amount of the agency fee is 50% of the total cost of transportation (Marketplace expenses for the organization of the delivery of the Goods). The total cost of transportation is determined taking into account all taxes. Marketplace is not a VAT payer on the basis of paragraph 2 of Article 346.11 of the Tax Code.
9.6. The total cost of services for the organization of delivery, which consists of an agent’s fee and the reimbursable expenses for the execution of the order, is reflected on the Order page when it is executed (line “Delivery”), as well as in the invoice for payment.
9.7. Payment for Marketplace services for the organization of delivery is carried out when paying for the Order.
9.8. Marketplace monthly (no later than the 10th day of the month following the reporting one) sends the Buyer a report on the execution of the order. The parties agreed that the Marketplace can generate and send one report (in the form of a single document) on several orders of the Buyer issued in the previous month. In a place with a report, Marketplace provides documents confirming the amount of expenses incurred in organizing the delivery of the Goods.
9.9. The Marketplace is liable to the Buyer in the form of compensation for real damage for the loss, shortage or damage (spoilage) of the Goods after its acceptance by the Carrier and before delivery to the Buyer, unless it proves that the loss, shortage or damage (spoilage) of the cargo occurred due to circumstances that the Marketplace or the immediate Carrier could not prevent and eliminate.
9.10. The delivery time for the Goods depends entirely on the work of the Carrier. Marketplace and the Manufacturer are not responsible for the delay in the delivery of Orders due to the fault of the Carrier.
10. Return and exchange of goods
10.1. Returns and exchanges of the Goods are carried out in accordance with the provisions of the CCRF and the Law of the Russian Federation “On Protection of Consumer Rights” dated 07.02.1992 No. 2300-1, the Rules for the sale of goods remotely (approved by the Decree of the Government of the Russian Federation dated September 27, 2007 No. 612).
10.2. Return Good Quality Goods.
10.2.1. The buyer, who is an individual, has the right to refuse the ordered Goods at any time before receiving it, and after receiving the Goods within 7 days, not counting the day of purchase. Return of good quality goods is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved.
10.2.2. The Buyer does not have the right to refuse the good quality goods, having individually defined properties, if the specified Goods can be used exclusively by the Buyer purchasing it.
10.2.3. In case of refusal of the good quality goods, the cost of services for organizing delivery to the Buyer is not returned.
10.2.4. The transport costs for returning the good quality goods shall be borne by the Buyer.
10.2.5. Return (exchange) of good quality goods by the Buyer, which is a legal entity (individual entrepreneur), is not allowed, unless otherwise provided by agreement with the Seller.
10.3. Return of inadequate quality goods.
10.3.1. The buyer, who is an individual, may return the inadequate quality goods during the warranty period for the Goods and demand the return of the amount paid for the Goods. Inadequate quality goods, in agreement with the Buyer, may be replaced with similar goods of good quality.
10.3.2. The buyer, which is a legal entity (individual entrepreneur), in the event of transfer of inadequate quality goods to him, is entitled to submit the requirements stipulated by article 475 of the CCRF.
10.3.3. In case of return / replacement of inadequate quality goods, the cost of delivery of the Goods shall be borne by the Seller. The Seller reserves the right to accept the inadequate quality goods from the Buyer and, if necessary, conduct a quality check of the Goods. If as a result of the examination of the Goods it is established that its shortcomings have arisen as a result of circumstances for which the Seller is not responsible, the Buyer is obliged to reimburse the Seller for the costs of the examination, as well as the costs associated with its conduct for storage and transportation of the Goods.
10.3.4. If there is any defect in the Goods, the Seller has the right to demand from the Buyer to provide a photo of the goods, the declared defect; packaging; marking (nameplate) of the manufacturer.
10.3.5. In case of refusal of the inadequate quality goods, the Buyer is obliged to return such Goods to the Seller (the Seller pays for transportation costs).
10.3.6. The difference between the shades of the goods in the photo and the real goods is not a sign of poor quality.
10.4. Refunds in case of Buyer's refusal to use the Goods are subject to the preservation of the presentation, consumer properties of the Goods, as well as documents confirming the conclusion of the contract of sale of the Goods with Marketplace.
10.5. If the Buyer refuses the Goods, Marketplace returns the amount of the advance payment made, with the exception of the cost of services for the organization of delivery (clause 9.2.3. of the Rules), not later than 10 days from the date of receipt by the Seller of the Buyer's written application.
10.6. The Buyer is responsible for the accuracy of the details specified in the application for the refund.
11. Warranty
11.1. Responsibility for defects found in the Goods during the warranty period lies with the Seller.
11.2. The warranty period and conditions of warranty service are established by the warranty card or other document for the Goods.
11.3. Warranty service may be refused if:
· manufacturer’s protective factory signs (seals, marks) were damaged on the Product;
· the product was repaired by organizations or persons who do not have rights / licenses for warranty service;
· defects occurred due to improper use of the Product, in violation of the operating rules, storage and transportation terms;
· if the product has visible mechanical damage;
· defects occurred due to the use of non-original consumables that do not meet the requirements of operation;
· in other cases established by law.
12. Responsibility of the parties, dispute resolution
12.1. Marketplace is not responsible for the damage caused to the Buyer or to third parties as a result of the Buyer indicating inaccurate information when registering on the Platform or when placing an Order.
12.2. Marketplace is not responsible for the content and functioning of external sites, as well as for the actions of organizations used to provide services to the Buyer (payment systems of banks, Internet providers, e-mail services, etc.).
12.3. Marketplace is not responsible for the improper performance by the Manufacturer of obligations under the contract of sale of the Goods concluded in accordance with clause 3.1. of the Rules.
12.4. Claims received by the Marketplace from Buyers as part of the execution of the contracts of sale of the Goods concluded in accordance with clause 3.1. of the Rules, Marketplace immediately sends to the Manufacturers.
12.5. The laws of the Russian Federation apply to relations between the Buyer and the Seller.
13. Additional Rules
13.1. The Buyer - an individual confirms that he is legally capable and has reached the age necessary in accordance with the legislation of the Russian Federation to complete transactions stipulated by these Rules.
13.2. The Manufacturer may at any time change the Information on the Goods presented on the Platform, including the price of the Goods, which does not affect the performance of already concluded agreements.
13.3. The withdrawal of the proposal to conclude a contract of sale of the Goods, including by removing the manufacturer’s product offer from the Platform, or the withdrawal of the proposal to conclude a contract for the organization of delivery can be carried out at any time, which is not grounds for any of the parties to refuse obligations under already concluded contracts.
13.4. Marketplace reserves the right to change these Rules at any time at its sole discretion (the amended and / or upgraded Rules come into force from the moment they are published on the Platform). The current version of these Rules is available on the Platform in the public domain.
13.5. Due to the fact that these Rules can be changed by the Marketplace, the Buyer must familiarize themselves with them at each execution of the Order.
14. Marketplace details
Limited Liability Company “Enex”
TIN 5835131764
OGRN 1195835004540
Legal and actual address: 12A, Tsiolkovskogo st., Penza, Penza Region, Russian Federation, 440028
Phone: 8-800-707-56-00 Email: info@enex.market
These Rules are developed by the Limited Liability Company “Enex” and contain the conditions for the purchase of goods and services on the Enex platform.
In order to make our cooperation useful and avoid misunderstanding, we kindly ask you to familiarize yourself with these Rules before making purchases on the Platform. In case of disagreement with the provisions of these Rules, we ask you to refrain from making purchases on the Platform.
1. Terms and Definitions
Platform - the website https://enex.market/en/ , including all levels of this domain.
Marketplace - Limited Liability Company “Enex”.
Goods - inventory items, information about which is presented on the Platform.
Information about the Goods - any information about the Goods posted by the Manufacturer on the Platform, including the name of the Goods, trademark (model), information about the range, technical, functional, consumer characteristics of the Goods, about the manufacturer of the Goods, about the price of the Goods, about discounts on Goods, on marketing and other promotions held in relation to the Goods.
Manufacturer - a legal entity (individual entrepreneur) that is registered on the Platform and posted on it an offer to sell the Goods or posted information about the Goods for exhibition purposes.
Seller - Marketplace or Manufacturer, depending on who is a party to the contract of sale of the Goods concluded on the Platform.
Buyer - a legal entity (individual entrepreneur) or an individual who has purchased the Product on the Platform or has the intention to purchase it.
Order - a Buyer's request executed using the Platform’s functionality to purchase the selected Product, as well as a request for the provision of services for organizing the delivery of such Goods.
Parties - Buyer and Seller.
Carrier - a legal entity (individual entrepreneur) providing services for the transport of goods or freight forwarding services.
CCRF - Civil Code of the Russian Federation.
2. General Provisions
2.1. Making and confirming the Order in order to complete the purchase of the Goods on the Platform, as well as registering on the Platform, the Buyer automatically accepts all the conditions set forth in these Rules, as well as in the Privacy Policy and Terms of Use of the Platform.
2.2. These Rules in conjunction with the Information on the Goods and the Terms of its delivery presented on the Platform are:
- an offer of the Marketplace, acting on its own behalf or on behalf of the Manufacturer, to conclude a contract of sale of the goods ordered on the Platform, which contains all the essential conditions of such an agreement;
- an offer of the Marketplace to conclude a contract for the organization of the delivery of the goods ordered on the Platform, which contains all the essential conditions of such a contract.
2.3. These Rules, as well as the Information on the Goods and the Terms of their delivery presented on the Platform, in accordance with Article 435 and Clause 2 of Article 433 of the Civil Code of the Russian Federation, are a public offer. The offer is addressed to individuals, individual entrepreneurs and legal entities.
An individual in this paragraph and hereinafter means a fully capable individual who intends to acquire or purchases on the Platform the Goods solely for personal, family, household and other needs not related to entrepreneurial activity.
2.4. The actions for placing an Order, its confirmation and payment are the Buyer's consent to purchase the Goods, as well as services for organizing the delivery of the ordered Goods (if the Buyer has ordered such services) under the terms of these Rules.
2.5. When ordering Goods on the Platform, the Buyer concludes a contract for the sale of the Goods with Marketplace. At the same time, Marketplace acts as an agent of the Manufacturer from whom the Goods were ordered; relations between Marketplace and the Manufacturer are governed by the provisions of Chapter 52 of the CCRF.
2.5.1. By concluding on the Platform a contract for the sale of the Goods with a legal entity or an individual entrepreneur, Marketplace is acting on behalf of and at the expense of the Manufacturer whose Goods the Buyer ordered. The rights and obligations under such a transaction arise directly from the Manufacturer.
2.5.2. When concluding an agreement on the sale of the Goods on the Platform with an individual, the Marketplace acts on its own behalf, but at the expense of the Manufacturer, the Goods of which the Buyer ordered. The rights and obligations of such a transaction arise at Marketplace. The goods are transferred to the Buyer or the Carrier in the manufacturer’s warehouse.
2.6. Within the framework of one Order, the Buyer has the opportunity to order the goods of several manufacturers.
2.7. Carrying out an order for services on the organization of the delivery of goods on the Platform, the Buyer concludes an agreement on the organization of delivery of goods with the Marketplace.
2.8. The contract with the Buyer - an individual is considered concluded from the moment the Buyer receives the goods or cashier's checks in accordance with paragraph 20 of the Rules for the sale of goods remotely, approved by Decree of the Government of the Russian Federation dated September 27, 2007 No. 612.
2.9. The contract with the Buyer - a legal entity or an individual entrepreneur, is considered concluded from the moment of payment of the Order. The moment of payment for the Order is the receipt of an advance payment for the Goods on the Marketplace account.
3. Subjects of contracts concluded on the Platform
3.1. As part of the execution of the contract of sale of the Goods concluded by Marketplace on behalf of and at the expense of the Manufacturer (clause 2.5.1. of these Rules), the Manufacturer undertakes to transfer the ordered Goods to the Buyer, and the Buyer undertakes to accept and pay for this Goods. The Buyer fully understands and agrees that in the event of the conclusion of a contract of sale of the Goods with the Marketplace acting on behalf of and at the expense of the Manufacturer, the Marketplace is not a party to this transaction and does not bear obligations related to its execution, except as provided for in these Rules and agency agreement with the manufacturer.
3.2. As part of the execution of the contract of sale of the Goods concluded by the Marketplace on its own behalf (clause 2.5.2. of these Rules), the Marketplace undertakes to implement the ordered Goods on its own behalf, but at the expense of the Manufacturer, and the Buyer agrees to accept and pay for this Product. Actual actions to implement such an agreement, including shipment of the Goods, its warranty service, elimination of defects of the Goods, its replacement, are carried out by the Manufacturer.
3.3. As part of the execution of the contract for the organization of the delivery of the Goods, the Marketplace shall, on behalf of the Buyer, acting on its own behalf, but at the expense of the Buyer, arrange for the delivery of the ordered Goods, and the Buyer undertakes to reimburse the costs of the Marketplace and pay the agreed payment to the Marketplace. The Rules of such an agreement are indicated in section 8 of these Rules.
4. Information about Goods, requirements for the Goods, its packaging and labeling
4.1. The Platform contains the information necessary for concluding a sale contract Information on the Goods. This information is provided by the manufacturers. If the Buyer needs additional information about the Goods, including certificates (declarations) for the Goods, in order to make a decision on the purchase, as well as if the Buyer has questions regarding the properties and characteristics of the Goods, the Buyer should contact the Manufacturer or the Marketplace before placing the Order using the appropriate functionality of the Platform, or by contact phone.
4.2. The photo materials presented on the Platform are images of the Goods. The original type of product may differ from the photo material presented on the Platform.
4.3. The Goods sold on the Platform are new, not restored. The quality of the goods sold complies with the mandatory requirements established by regulatory documents (GOST, TU, etc.) for the corresponding type of product.
4.4. The service life (shelf life) of the Goods is determined by the Manufacturer and is indicated in the documents for the Goods.
4.5. The goods transferred to the Buyer are packaged (resting) in containers (packaging) that are usually used for them. Containers (packaging) is a one-time, not subject to return to the Manufacturer. The cost of container (packaging) of goods is included in the price of the product and is not separately paid, unless otherwise specified on the Platform when describing the goods.
4.6. Marking of the Goods meets the usual requirements.
5. Ordering
5.1. The ability to place an Order is available only to persons registered on the Platform as Buyers.
5.2. The buyer independently places an order using the functionality of the platform. Within the framework of one Order, the Buyer can choose and purchase the Goods of several Sellers.
5.3. Each Order is assigned a number. In the personal account, the Buyer can track the change in the status of the Order.
5.4. The Order number is indicated in the sales receipt, invoice, electronic form of the Order on the Platform or other documents generated by the Marketplace or the Manufacturer confirming the fact of placing the Order.
5.5. After completing the Order, but before its payment, the Buyer has the right to change or completely cancel his Order.
5.6. If the Buyer has not paid for the Order at the specified time, Marketplace has the right to cancel such an order.
5.7. In the absence of goods at the manufacturer’s warehouse at the time of the order, Marketplace informs the Buyer about this within 2 business days. The buyer has the right to agree to purchase another Product in return for the previously ordered, or to increase the delivery time, or cancel the Order.
5.8. If the price of the ordered Goods is incorrectly indicated on the Platform, the Marketplace informs the Buyer about this to confirm the Order at the corrected price or cancel the Order.
5.9. If it was not possible to contact the Buyer using the contact information indicated by him, Marketplace has the right to cancel the executed Order.
5.10. If the paid Order has been fully or partially canceled, the cost of this Order (part of the Order) is returned to the Buyer in the manner in which the Order was paid.
5.11. Some positions of the Goods are presented on the Platform for informational purposes (exhibition Goods), information about such Goods is not an offer, the “place an order” button for the Goods is not active. The Platform has functionality that allows the Buyer to contact the Manufacturer to discuss the acquisition of the exhibition Goods.
6. Price and payment procedure
6.1. The price of the Goods is set by the Manufacturer and is indicated on the Platform in the description of the Goods. The price of the Goods includes value added tax if the relevant Manufacturer applies the general taxation system.
6.2. The price of the Goods on the Platform does not include the cost of delivery to the Buyer, including customs payments and duties (upon delivery of the Goods from a foreign Manufacturer).
6.3. If the price of the Goods is indicated on the Platform in foreign currency, payment for such Goods is made in rubles at the exchange rate of this currency, valid on the date of transfer of funds.
6.4. The total cost of the Order consists of the total cost of all items of the ordered Goods and the cost of Marketplace services for the organization of delivery (if such services were ordered by the Buyer). The total cost of the Order is indicated on the order page.
6.5. Payment for the Order is made in rubles by bank transfer in the order of 100% prepayment. Payment for goods by bank transfer is carried out:
· using a bank or other payment card at the time of placing the Order;
· by transferring funds to the Seller’s bank account with the order number.
6.6. Description of the payment process using plastic cards.
To pay for the purchase, the Buyer is redirected to the payment gateway of Sberbank PJSC to enter the card details. Connection to the payment gateway of Sberbank PJSC and information transfer is carried out in a secure mode using the SSL encryption protocol. If the Buyer's bank supports the technology of secure Internet payments Verified by Visa or MasterCard Secure Code, a special password may also be required to make a payment. The methods and the possibility of obtaining passwords for making Internet payments can be clarified in the bank that issued the card. The platform supports 256-bit encryption. Confidentiality of the personal information provided is ensured by Sberbank PJSC. The information entered will not be provided to third parties, except as provided by the laws of the Russian Federation. Bank card payments are carried out in strict accordance with the requirements of payment systems. Transactions related to the payment of goods are secured in a secure manner using the SSL encryption protocol, with the protection of bank card data.
6.7. Part of the cost of the Order (no more than 20%) the Buyer can pay with Enex bonuses. The procedure and conditions for calculating and debiting bonuses are specified in these Rules.
6.8. The fact of payment of the Order by an individual is confirmed by an electronic cash receipt, which Marketplace sends to the Buyer's email when paying for the Order.
6.9. If the Buyer is a legal entity or an individual entrepreneur, then after completing the Order, Marketplace, at the Buyer's choice, issues an invoice for payment. The parties acknowledge the validity of the invoice issued electronically.
6.10. If the Buyer, when placing the Order, ordered services for organizing the delivery of the Goods, then the invoice for payment additionally indicates the total cost of these services, including the costs of the Marketplace and its remuneration for the organization of delivery, as well as general delivery conditions. Upon delivery of foreign goods, customs payments and duties may not be reflected in the invoice. The Buyer is aware and accepts that the costs associated with the customs clearance of goods imported into the Russian Federation can be presented for payment to the Buyer additionally. Marketplace makes every effort to inform the Buyer of the possible customs costs.
6.11. Payment of the Bill confirms the Buyer's full and unconditional consent to purchase the ordered Goods, as well as services for organizing the delivery of the Goods (if ordered) on the Terms of these Rules.
6.12. In case of non-payment by the Buyer of the invoice within 3 business days from the date of its invoice, Marketplace is entitled to cancel the Order by which this invoice was issued.
6.13. Marketplace transfers to the Manufacturer the funds received for the Goods in accordance with the terms of the agency agreement concluded with the Manufacturer.
6.14. Marketplace is not a paying agent when making settlements for the Goods based on paragraphs 1, 4 p. 2 art.1 of the Federal Law dated 03.06.2009 No. 103-ФЗ “On the activity of receiving payments from individuals by payment agents”.
6.15. Buyer's actions in case of problems with payment.
Payment may not go through because:
· Incorrect card data entered.
· The card has expired.
· There is not enough money on the card.
· It is impossible to confirm a card operation with a one-time password from SMS.
· The bank has set a ban on online payments.
If the payment failed:
· Please try again in 20 minutes.
· Contact the bank that issued the card.
· Try to pay with a different card.
7. Enex Bonuses
7.1. This section defines the conditions and procedure for the accumulation and use of loyalty points (hereinafter referred to as the bonuses) by the Users authorized on the Platform as the Buyers. The bonus program is a loyalty program and is implemented by the Marketplace in order to attract and to encourage the Buyers, to retain the existing ones; the program is aimed at forming and further maintaining the Buyer's loyalty to the Marketplace and the Manufacturers, as well as to expand market share and to increase profits.
7.2. When buying the Goods on the Platform, the authorized Buyer receives bonuses. Each Buyer has his/her own bonus account, which is formed automatically upon registration of the account on the Platform.
7.3. Bonuses are a conventional unit that is used for accounting purposes, it is not a kind of currency or security, it cannot be cashed or exchanged for money. The accumulation of bonuses allows to receive encouragement (discount) when buying the Goods.
7.4. Bonuses shall be awarded as follows: 1% in bonuses shall be awarded from each purchase of the Goods on the Platform. 1 bonus = 1 ruble of the Russian Federation. For certain categories (items) of the Goods, the percentage of the awarded bonuses can be changed by the Marketplace or the Manufacturer.
7.5. Bonuses shall be awarded within Three (3) working days from the date of purchase. The Information on the awarded bonuses is available in your personal account.
7.6. When calculating the number of awarded bonuses, this value shall be rounded to the whole number.
7.7. When awarding bonuses, the part of the payment that was made with the use of bonuses is not taken into account.
7.8. When the Buye returns the purchased Goods, the bonuses awarded for this purchase shall be deducted from the Buyer's bonus account.
7.9. When placing the Order, the cart displays the number of bonuses that will be awarded when making a purchase, as well as the part of the price of the Goods, which is paid by bonuses.
7.10. The User has the opportunity to pay for future purchases of the Goods on the Platform using bonuses at the rate of 1 bonus = 1 ruble of the Russian Federation.
7.11. It is possible to pay not more than 20% of the value of the Goods using bonuses. The services to organize delivery cannot be paid for using bonuses.
7.12. In the event of return of the Goods purchased by the Buyer, bonuses shall be returned to the Bonus account of the Participant within five (5) working days from the date of confirmation of return by the Manufacturer or the Marketplace.
7.13. Several items of the Goods in the Order may be paid for using bonuses, and bonuses will be distributed between the Order items in proportion to the cost of these items. Вonuses distributed between the Order Items shall be rounded to the whole value. In the event of return of one of the Goods from such Order to the bonus account of the Buyer, the number of bonuses written off proportionally in respect of these Goods when making payment for the order shall be returned within five (5) working days from the date of confirmation of return by the Manufacturer or Marketplace.
7.14. The use of bonuses, as well as their accrual may be temporarily unavailable for technical reasons.
7.15. Sale, donation or other alienation of bonuses accumulated by the Buyer shall be prohibited
7.16. The Marketplace shall be entitled to suspend the accrual/write-off of the bonuses for the period of consideration of the situation in case of detection of dishonesty and/or violation of these Terms in the actions of these Terms.
7.17. The Marketplace shall be entitled to block the bonus account and to cancel the bonuses of the Buyer in case of the Buyer's unfair actions and/or violation of these Terms.
7.18. The Marketplace shall be entitled to cancel bonuses that have been awarded incorrectly, for example, as a result of a technical failure, as well as bonuses awarded as a result of abuse, unfair actions of the Buyer or third parties.
7.19. Validity period of bonuses: until the removal of the Buyer's account from the Platform or until the Buyer's refusal from award of bonuses, if the Buyer declares such refusal.
7.20. If the Buyer for any reason does not want to receive bonuses, he/she must send an appropriate request to the e-mail of the Marketplace: info@enex.market.
7.21. The Marketplace shall be entitled to determine, supplement and change the procedure and conditions for the award and use of the bonuses unilaterally at its own discretion.
8. Delivery of goods
8.1. The ordered goods are shipped to the buyer from the manufacturer’s warehouse.
8.2. Delivery of the ordered goods is carried out in the following ways:
8.2.1. pickup from the manufacturer’s warehouse - free
8.2.2. by attracting the Carrier by the Buyer - the cost of delivery is determined by agreement between the Carrier and the Buyer;
8.2.3. by arranging delivery by Marketplace (section 8 of these Rules) - the cost is calculated when placing the Order.
8.3. The agreed delivery method is the method chosen by the Buyer when placing the Order.
8.4. Delivery of the ordered Goods is carried out at the address indicated by the Buyer when registering on the Platform, or at another address specified by the Buyer when placing the Order. The buyer can choose the delivery to the terminal of the transport company.
8.5. The ordered Goods are deemed delivered at the time of their transfer to the Buyer or to the person indicated as the recipient when placing the Order. Upon receipt of an order from the Buyer (recipient), an identity document may be required.
8.6. Ownership of the Goods and the risk of their accidental loss pass to the Buyer at the time of shipment of the Goods from the manufacturer’s warehouse.
8.7. When transferring the ordered Goods, the Buyer must check the appearance and packaging, the quantity of the Goods, completeness, assortment, integrity of the products. The Buyer's signature in the documents confirming receipt of the ordered Goods means no claims by the Buyer regarding the quantity, appearance, assortment and completeness of the Goods. After acceptance of the Goods, claims to the Goods regarding the above characteristics are not accepted.
8.8. If the ordered Goods were not transferred to the Buyer through his fault, the subsequent delivery is carried out in the new terms agreed with the Marketplace, after the Buyer prepays the prepayment of the cost of organizing the delivery of the Goods.
9. Marketplace services for the organization of the delivery of goods.
9.1. The services of the Marketplace for the organization of the delivery of goods the Buyer can order when placing an Order. This delivery method is considered selected by the Buyer, if the Buyer has not chosen another delivery method when placing the Order.
9.2. Relations between the Buyer and Marketplace when organizing the latter delivery of the Goods are governed by the provisions of Chapter 52 of the CCRF.
9.3. According to the terms of the contract for the organization of the delivery of the Goods, Marketplace is obliged, on behalf of the Buyer, on its own behalf, but at the expense of the Buyer to carry out the following actions:
- search for Carriers and conclude with them on their own behalf and at the expense of the Buyer transportation / forwarding agreements, the subject of which is the transportation of goods purchased by the Buyer on the Platform;
- carry out a full range of actions aimed at the execution of concluded contracts of carriage (transport expedition), including sending applications for the carriage of goods to the Carriers, agree with the Carriers the route and other conditions of carriage, monitor the progress of the carriage, draw up the necessary transport documents;
- conclude other agreements necessary for the organization of the carriage of goods in the interests of the Buyer, and take all necessary actions to implement such agreements.
The Buyer's order is an executed and paid Order.
The Buyer is informed and agrees that upon delivery of foreign goods from the Buyer, in accordance with the legislation of the Russian Federation, additional customs payments related to the importation of goods into the territory of the Russian Federation may be recovered.
9.4. For the execution of the order specified in clause 8.3. of these Rules, the Buyer pays agent’s commission to Marketplace, as well as reimburses Marketplace for the costs associated with the execution of the order.
9.5. The amount of the agency fee is 50% of the total cost of transportation (Marketplace expenses for the organization of the delivery of the Goods). The total cost of transportation is determined taking into account all taxes. Marketplace is not a VAT payer on the basis of paragraph 2 of Article 346.11 of the Tax Code.
9.6. The total cost of services for the organization of delivery, which consists of an agent’s fee and the reimbursable expenses for the execution of the order, is reflected on the Order page when it is executed (line “Delivery”), as well as in the invoice for payment.
9.7. Payment for Marketplace services for the organization of delivery is carried out when paying for the Order.
9.8. Marketplace monthly (no later than the 10th day of the month following the reporting one) sends the Buyer a report on the execution of the order. The parties agreed that the Marketplace can generate and send one report (in the form of a single document) on several orders of the Buyer issued in the previous month. In a place with a report, Marketplace provides documents confirming the amount of expenses incurred in organizing the delivery of the Goods.
9.9. The Marketplace is liable to the Buyer in the form of compensation for real damage for the loss, shortage or damage (spoilage) of the Goods after its acceptance by the Carrier and before delivery to the Buyer, unless it proves that the loss, shortage or damage (spoilage) of the cargo occurred due to circumstances that the Marketplace or the immediate Carrier could not prevent and eliminate.
9.10. The delivery time for the Goods depends entirely on the work of the Carrier. Marketplace and the Manufacturer are not responsible for the delay in the delivery of Orders due to the fault of the Carrier.
10. Return and exchange of goods
10.1. Returns and exchanges of the Goods are carried out in accordance with the provisions of the CCRF and the Law of the Russian Federation “On Protection of Consumer Rights” dated 07.02.1992 No. 2300-1, the Rules for the sale of goods remotely (approved by the Decree of the Government of the Russian Federation dated September 27, 2007 No. 612).
10.2. Return Good Quality Goods.
10.2.1. The buyer, who is an individual, has the right to refuse the ordered Goods at any time before receiving it, and after receiving the Goods within 7 days, not counting the day of purchase. Return of good quality goods is possible if its presentation, consumer properties, as well as a document confirming the fact and conditions of purchase of the specified goods are preserved.
10.2.2. The Buyer does not have the right to refuse the good quality goods, having individually defined properties, if the specified Goods can be used exclusively by the Buyer purchasing it.
10.2.3. In case of refusal of the good quality goods, the cost of services for organizing delivery to the Buyer is not returned.
10.2.4. The transport costs for returning the good quality goods shall be borne by the Buyer.
10.2.5. Return (exchange) of good quality goods by the Buyer, which is a legal entity (individual entrepreneur), is not allowed, unless otherwise provided by agreement with the Seller.
10.3. Return of inadequate quality goods.
10.3.1. The buyer, who is an individual, may return the inadequate quality goods during the warranty period for the Goods and demand the return of the amount paid for the Goods. Inadequate quality goods, in agreement with the Buyer, may be replaced with similar goods of good quality.
10.3.2. The buyer, which is a legal entity (individual entrepreneur), in the event of transfer of inadequate quality goods to him, is entitled to submit the requirements stipulated by article 475 of the CCRF.
10.3.3. In case of return / replacement of inadequate quality goods, the cost of delivery of the Goods shall be borne by the Seller. The Seller reserves the right to accept the inadequate quality goods from the Buyer and, if necessary, conduct a quality check of the Goods. If as a result of the examination of the Goods it is established that its shortcomings have arisen as a result of circumstances for which the Seller is not responsible, the Buyer is obliged to reimburse the Seller for the costs of the examination, as well as the costs associated with its conduct for storage and transportation of the Goods.
10.3.4. If there is any defect in the Goods, the Seller has the right to demand from the Buyer to provide a photo of the goods, the declared defect; packaging; marking (nameplate) of the manufacturer.
10.3.5. In case of refusal of the inadequate quality goods, the Buyer is obliged to return such Goods to the Seller (the Seller pays for transportation costs).
10.3.6. The difference between the shades of the goods in the photo and the real goods is not a sign of poor quality.
10.4. Refunds in case of Buyer's refusal to use the Goods are subject to the preservation of the presentation, consumer properties of the Goods, as well as documents confirming the conclusion of the contract of sale of the Goods with Marketplace.
10.5. If the Buyer refuses the Goods, Marketplace returns the amount of the advance payment made, with the exception of the cost of services for the organization of delivery (clause 9.2.3. of the Rules), not later than 10 days from the date of receipt by the Seller of the Buyer's written application.
10.6. The Buyer is responsible for the accuracy of the details specified in the application for the refund.
11. Warranty
11.1. Responsibility for defects found in the Goods during the warranty period lies with the Seller.
11.2. The warranty period and conditions of warranty service are established by the warranty card or other document for the Goods.
11.3. Warranty service may be refused if:
· manufacturer’s protective factory signs (seals, marks) were damaged on the Product;
· the product was repaired by organizations or persons who do not have rights / licenses for warranty service;
· defects occurred due to improper use of the Product, in violation of the operating rules, storage and transportation terms;
· if the product has visible mechanical damage;
· defects occurred due to the use of non-original consumables that do not meet the requirements of operation;
· in other cases established by law.
12. Responsibility of the parties, dispute resolution
12.1. Marketplace is not responsible for the damage caused to the Buyer or to third parties as a result of the Buyer indicating inaccurate information when registering on the Platform or when placing an Order.
12.2. Marketplace is not responsible for the content and functioning of external sites, as well as for the actions of organizations used to provide services to the Buyer (payment systems of banks, Internet providers, e-mail services, etc.).
12.3. Marketplace is not responsible for the improper performance by the Manufacturer of obligations under the contract of sale of the Goods concluded in accordance with clause 3.1. of the Rules.
12.4. Claims received by the Marketplace from Buyers as part of the execution of the contracts of sale of the Goods concluded in accordance with clause 3.1. of the Rules, Marketplace immediately sends to the Manufacturers.
12.5. The laws of the Russian Federation apply to relations between the Buyer and the Seller.
13. Additional Rules
13.1. The Buyer - an individual confirms that he is legally capable and has reached the age necessary in accordance with the legislation of the Russian Federation to complete transactions stipulated by these Rules.
13.2. The Manufacturer may at any time change the Information on the Goods presented on the Platform, including the price of the Goods, which does not affect the performance of already concluded agreements.
13.3. The withdrawal of the proposal to conclude a contract of sale of the Goods, including by removing the manufacturer’s product offer from the Platform, or the withdrawal of the proposal to conclude a contract for the organization of delivery can be carried out at any time, which is not grounds for any of the parties to refuse obligations under already concluded contracts.
13.4. Marketplace reserves the right to change these Rules at any time at its sole discretion (the amended and / or upgraded Rules come into force from the moment they are published on the Platform). The current version of these Rules is available on the Platform in the public domain.
13.5. Due to the fact that these Rules can be changed by the Marketplace, the Buyer must familiarize themselves with them at each execution of the Order.
14. Marketplace details
Limited Liability Company “Enex”
TIN 5835131764
OGRN 1195835004540
Legal and actual address: 12A, Tsiolkovskogo st., Penza, Penza Region, Russian Federation, 440028
Phone: 8-800-707-56-00 Email: info@enex.market
| Bank details: | |
| Name of the bank | Branch "Nizhegorodsky" of JSC "ALFA-BANK" |
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| Settlement account | 40702810629170004810 |
| Correspondent account | 30101810200000000824 |
| BIC | 042202824 |
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