1. General provisions
1.1. The subject of this User agreement ("Terms") are a partnership between OOO "feym" (hereinafter "Marketplace") and Internet user (hereafter "User"), together hereinafter "the Parties" arising from the use of the Internet resource https://fame.ua including all levels in the specified domain (the "Site") to set forth herein the terms and services associated with the above domain.
The conditions shall enter into force from the moment of expression of User consent with their conditions in the manner provided in clause 1.3 of the Conditions, and are valid indefinitely. Marketplace offers Users access to the Website, its services, functionals, including the means of ordering of goods, delivery etc.
1.2. All existing at the moment the functionality of the Site, as well as adding new services of the Website are governed by these terms and Conditions. The conditions can be changed the Marketplace without any special notice, new edition of the Terms shall enter into force upon its posting on the Internet on the home page.
1.3. By using the Website or any functionality of the Website and/or any service and/or its separate functions, the User is deemed to have accepted the terms of the existing Conditions in full without any reservations and exceptions. In case of disagreement User with any of the provisions of the Terms, User may not use the Website. If the Marketplace was made any changes to the Conditions in the manner provided in this paragraph, with whom the User does not agree, he must stop using the Website.
1.4. The functionality of the Website is provided to users free of charge, unless expressly stated otherwise. The provision of certain services Marketplace is regulated by special treaties and/or rules.
1.5. In these Terms the terms used in the following meanings
User – the Buyer, Seller or Visitor that has accepted the Terms.
The buyer - any competent natural or legal person, natural person - entrepreneur who, taking advantage of the Website, buys and/or orders proposed by the Sellers, the goods or services. The buyer can simultaneously be a Seller. To order – customer registration is not required.
The seller is a natural person - entrepreneur or legal entity selling goods or(and) services on the market and adjacent market areas, as well as in Virtual containers. The seller may not be a person, a business activity which is physically and geographically not tied to 7km and the adjacent territories. The seller may be a person without physical stock – in this case, registration takes place in a Virtual container. The seller may be a Buyer.
Visitor - any person having access and use the Website via the Internet.
Map – a graphical representation of the Depots, roads, Parking lots, shops, toilets, ATMs, cafes, bus stops, offices of transport companies, Virtual warehouses and other facilities of the market and adjacent market areas(next Card). All objects on the Map, except for the Virtual warehouses associated with the real geographic coordinates. The map is something like a directory, which displays contact information of Sellers and product categories they offer goods and(or) services. Card has broad functionality to search product categories and other information.
Warehouse – real estate sales point, warehouse, roller, container, office, hangar, shop and more used name to rooms which can be trade of goods and(or) the services(the Warehouse). The warehouse needs to be placed on the market "7 km" or in adjacent areas to this market. The warehouse has a clear location on the map and your coordinates. Each Warehouse has its own unique ID number. If the warehouse was substantially remodeled and its shape was changed – it can be assigned a new unique ID number.
Unique ID of the Warehouse is entered in the information panel on the Map and in the window of the merchant's Site.
The warehouse on the map can be schematically divided into two or more parts if it was two or more Sellers. Also several nearby warehouses can be combined into one at the request of the Seller, which leads them to entrepreneurship.
Virtual storage is storage that is not physical and is created for Sellers who conduct business without a Warehouse or wished to keep its location hidden. Virtual warehouse is only schematic location. For the convenience of users, virtual warehouses schematically highlighted part of the territory on the Map.
Content the results of intellectual activity protected by law and posted on the Website, including photos, descriptions, headings, texts, characteristics of the product, Users contact details and other data.
Showcase of a sales page, which displays Seller's contact information, logo, and description of his activities and displayed the goods(services) sold by the Seller(the Showcase).
2. The user's account. Registration.
2.1.1. To gain access to certain functionalities of the Site, the User must complete the registration process, which will be for the User to create a unique account. For ordering goods and services on the Website registration is not mandatory.
Registration — the totality of actions of the User in accordance with listed instructions, including the provision of data and other information directly using the special registration form, the Site user interface to access various functionalities of the Site and create a personal account.
Under the personal account means a personal section of a User associated with a User account on the Website, where the User can interact with the Marketplace on the proposed Marketplace conditions.
For one User can be create one unique user account. Creating more than one account for a single User is a violation of these Terms.
2.1.2. When making a registration, you confirm that you are fully capable and competent person, to commit any of the actions related to the use of the Site, its functionality and services, as well as to conclude agreements and contracts with the Marketplace.
For registration the User undertakes to provide true and complete information on the proposed questions and to keep this information up to date. If the User provides incorrect information or Marketplace there is reason to believe that the User-supplied information is incomplete or inaccurate, the Marketplace has the right, at its sole discretion to block or delete the User account and deny User's access to the Website, its functionality and its services, and to terminate the contractual liabilities incurred on the basis of User actions.
2.1.3. Marketplace reserves the right to require User confirmation of the data specified during registration and request in this regard at any time supporting documents, failing which, at the discretion of the Marketplace can be equated to the provision of false information and entail the consequences provided by paragraph 2.1.2 of the Conditions. If the User data specified in the documents provided to them do not correspond to the data specified at registration, as well as in the case when the data specified at registration, does not allow to identify the User, the Marketplace is entitled to refuse the User access to the account and use the Site and services Marketplace.
2.1.4. Upon completion of the registration procedure the User sets their own password to access your account. Marketplace has the right to establish requirements for the login and password (length, permissible symbols, etc.). As a login User, use the email address of the User or the User's phone number. Later the User may, in agreement with the Marketplace to change your username and password, the whole history of the relationship and obligations of the User and the Marketplace is maintained.
The registration procedure is carried out in accordance with the rules established in these terms and Conditions and relevant experience of the Site. Account registration is for a single email address and telephone number of the User once. Re-register a new account on the Website by using the previously specified during the registration e-mail addresses and telephone numbers are not allowed.
For purposes of these regulations, after confirmation of User registration, the any action of the User causes the emergence of the rights and obligations of the User.
2.2. All User actions are logged on to the Website made using a unique login and User password, address, e-mail, specified during registration on the Website, the Parties acknowledge committed through the signature of the User in electronic form. Orders placed using the Website, and messages sent with contact email address User, recognized as equivalent to documents personally signed by the User.
2.3. Authorized on the Website, Users may be more functionality of the Site and the opportunity to engage with the Marketplace in various relationships, to enter into Marketplace agreements and contracts.
2.4. The user is solely responsible for the security of the chosen means of access to the account and ensures their confidentiality. The user is solely responsible for all actions (and their consequences) within or using the functionality of the Website and services Marketplace under a User account. The user undertakes not to transmit data to access the User account to third parties on any conditions (including treaties or agreements). Moreover, all actions within or using the functionality of the Website and/or services to the Marketplace under a User account considered to be produced by the User.
2.5. The user is obliged to immediately inform the Marketplace of any unauthorized (not permitted by the User) access to the Website using your User account and/or about any violation (suspicions about violation) confidentiality of their means of account access. For security purposes, the User is obliged to carry out a safe shutdown under your account at the end of each session with the Site. Marketplace is not responsible for consequences of any nature that may occur due to the violation of the provisions of this part Conditions.
2.6. In the event of termination of the account Marketplace has the right to block or delete this User account and to prohibit access using any account to the Website and its functionality, including in case of breach by User of these Terms and conditions or the other documents governing the relationship between the User and the Marketplace.
2.7. Regardless of the removal of your account on the Website all the obligations of the User towards the Marketplace to other Users, including existing orders for services, and the Marketplace carried out by means of the functionality of the Website remain valid until its full execution by the User, if the Marketplace is not directly freed the User from these obligations.
3. The User's personal data
3.1. In the process of use and functionality provided by the Marketplace through the Website (including when you sign up, edit account, placing an order for any goods and services through Website functionality, but not limited to the above), the User shall voluntarily accept the decision on granting Marketplace User information for the purposes of the Conditions and the relevant treaties and agreements between the Marketplace and the User, as well as for purposes of personal data processing, provided by law, and all other existing or prisoners in future agreements and contracts between the Marketplace and the User and hereby declares his consent to the processing Marketplace, personal and other User information, submitting it for processing to third parties acting on behalf of the Marketplace, including for the following purposes but not limited to the following: provide consulting support to Users in connection with your use of the Site, generate statistical and analytical data to improve the functioning of the Website, information and/or advertising messages in the Marketplace, prevent or halt unlawful and/or unauthorized actions of Users or third parties, ensure compliance with applicable law.
The marketplace shall take all necessary measures to protect personal data from unauthorized access by third parties.
3.2. The marketplace is entitled to use the Personal data of Users and other persons solely for the purposes of this section the Conditions and is obliged to cease such use when achieving these goals of treatment.
3.3. All information about the User (regardless of whether include or not this information applicable law to the personal or otherwise subject to data protection) placed by the User on the Website/User-submitted Marketplace is posted/transferred to the User's interests.
3.4. Marketplace collects and stores only personal information that is necessary to provide the functionality of the Website and its services and for execution of agreements and contracts with the User.
3.5. The user has the right to delete your account send an email to customer service email: (hidden) After the removal of your account user has the right to create a new account with the same contact data. This rule does not apply, if the account has been deleted or blocked on the initiative of the Marketplace.
4. The rights and obligations of the User
4.1. The user agrees not to sell, share, stick with your login and password to access the Site, to third parties without the consent of the Marketplace. In the case that such action will still be produced, then the responsibility for the actions of such third party, then the User's responsibility
4.2. If the User wishes to transfer the rights of use of the resource – it must make a written request to the Marketplace to the customer service email: (hidden) User shall not use login and password to the personal account of another User without his consent.
4.3. If a User is suspected of unauthorized access to your personal account or breach of security – he / she should immediately contact the customer service Marketplace. Marketplace shall not be liable for any damages associated with unauthorized use of your account.
4.4. The user undertakes when using the Site to respect the principles of fair competition.
4.5. The user when using the Website, agrees to abide by the laws of Ukraine
4.6. The user may not use the programs, procedures, methods, algorithms, which degrade the normal operation of the Website.
4.7 the Sellers guarantee that you have all necessary rights to the content that is posted under their accounts.
4.8. When using the website, the User agrees not to violate the property, moral and intellectual rights of other Users and third parties(copyright holders).
4.9. The buyer is entitled to leave feedback about the products and activities of Sellers.
The opportunity to leave feedback about the product arise from the Buyer after the order of a product(services). The opportunity to leave feedback about the seller occurs after he has placed the order.
The seller can leave feedback about the Buyer immediately after placing an order.
4.10. The user acknowledges and agrees that Marketplace checks reviews left by users on the Website and publish them with case of their compliance with the terms and conditions. The user agrees that the reviews on the website are subjective.
4.11. Buyers and Sellers have the opportunity to comment on the reviews about each other. If the User wishes to challenge the opinion – he can write a letter in support describing the reason why the opinion should be hidden.
4.12. Subscribing to news of a seller – User can be aware of new products a particular seller(the function is in the process of implementation).
4.13.The User is obliged to inform the Marketplace of all information posted on the Website that, in his opinion, is unreliable, including the territorial and graphic location of the warehouses, the placement of Sellers in them, graphic and textual content, as well as other information that is unreliable.
5. Rights and obligations of the Marketplace
5.1. Marketplace offers Users services for registration and creation of accounts, the sale of goods or(and) the services of Sellers, browsing the shops with goods(services) of sellers and shop.
5.2. The marketplace offers all Users an accurate and detailed map of the market 7km and adjacent areas to the market.
5.3 Marketplace reserves the right, in case of violation by User of these terms and Conditions, suspend the rendering of services or block access to the personal Cabinet. In this case, the Marketplace is not responsible for damages received by the User or for lost profits.
5.4. Marketplace moderates the whole information content(pictures, headings, testimonials, description of services, etc.) on the website, and may remove any information from the Site without explanation.
5.5. Marketplace reserves the right to remove from the site any information published by Users without explanation.
5.6. The marketplace agrees that it will provide quality support service to address emerging issues.
5.7. Marketplace may temporarily or permanently block User's account in cases of suspected fraudulent activity committed using the Site.
5.8. For customers who implement on the website the imported goods, Marketplace
implemented a module of currencies, which is synchronized with the rate of purchase of currency of PrivatBank. In the future it will be redesigned in such a way that each Seller will be able in your personal Cabinet to exhibit a suitable rate of exchange.
5.9. Marketplace exercises control accurate placing vendors on the Map. as well as the conformity of the goods, which the Seller sells, the Warehouse in which it is actually located. Inaccurate display of information is unacceptable. In the case of an incorrect placement of the Seller on the Map – the Marketplace is free to change its actual location, including the display in the Virtual warehouse.
6. The order of the Seller
6.1. After registering on the Website, the Seller receives a personal account with a unique id number. Id number of the merchant corresponds to the id number of the Seller. If there is a Seller moving from one Warehouse to another, the id number of the seller remains unchanged. In this case, the id of the Warehouse from which the Seller moves out, falls off, and the new id-number of the Stock is tied to the id of the seller.
6.2. During registration the Seller is binding Personal account of the Seller to the Warehouse. To bind and unbind the office to(from) the Warehouse(a) the Seller may choose. When you bind a personal account to a Warehouse, the Seller should be very careful.
6.3. A seller who has no physical Warehouse or wish to conceal their physical location, can register in the Virtual warehouse.
6.4. Sellers can self-manage in a private office on the availability and relevance of the price of the goods, to add or remove from the sale of goods/services, and show discounts.
6.5. The seller has the ability to display on its Display on the Website your details, including name, site, which currently presents its range of products, phone numbers, Skype, link to social networks and messengers, but also has the ability to show clients what the messengers attached to the phone numbers. Next to each phone number may write the name of the owner. The phone number that is listed in your Seller account will not be shown in the Storefront of the Seller. If the Seller wants to display it on display – he should do it in a special tab in the personal Cabinet.
6.6. Down his Showcase the Seller has the opportunity to describe their activities. Namely: schedule; some goods trades; on what days carries on sending or not sending the merchandise by transport companies; discounts provided to customers; how often update the product range; what sells factories; the country of origin, and other information. Also next to the description it is possible to place and photography. For the Buyer this information will be useful.
6.7. When you add text and graphic information in the personal account, the Seller needs to monitor how this information is displayed in the Window. The displayed information shall not distort the UI.
6.8. If added information in the personal account of the Seller distorts User interface and a Showcase of the Seller began to look improperly – Marketplace can contact the Seller with the requirement to resolve this issue. If the Seller is not able to resolve this issue – support Website will provide the necessary assistance.
6.9. The seller in a private office, can accommodate a custom agreement with the Buyer. Without the consent of the user agreement, the Buyer will not be able to place an order. The user agreement must not contradict the Law of Ukraine "On protection of consumer rights". For customers who purchase goods for resale, you can register individual conditions.
6.10. At registration of the Seller is binding to the real Warehouse or Virtual warehouse is required. Otherwise, the added item will not be displayed on the Marketplace. If the binding process of the Cabinet to the Warehouse, the Seller discovered that he was already busy with another Seller, he must contact the support Site for solving this issue.
6.11. When changing Sellers in Stock, a new Seller may be placed in the Warehouse only after it will go to the previous Seller. Sellers are free to negotiate the date of the change of the Seller in the Warehouse. If the agreement did not work - the Seller should contact the customer support.
6.12. If you move or the termination of its activities in the Warehouse, the Seller must notify the customer service. It is necessary to update the information on the Map and the Website.
6.13. The seller can contact customer support for assistance in registering and linking your office to the Warehouse. He can also contact customer support for assistance in creating (photographing) and adding content to your showcase.
6.14. When moving from one warehouse to another - the Seller's feedback are stored, as well as a unique ID number.
6.15. All information on the site about the Sellers were posted by Sellers or taken from public sources. If the Seller wants to hide or change the information about yourself that is posted on the Website – it may or independently to do this through a personal account of the Seller or contact customer service at (hidden)
6.16. The seller is obliged to duly perform its obligations to the Buyer.
- time to take orders and reply Customers;
- to provide answers to complaints and negative customer reviews to improve the overall quality of service;
- timely inform the Buyer about the goods which are in stock or about a service that it cannot provide, as well as about the impossibility of shipping by method chosen by the Buyer when ordering.
-to comply with the Law of Ukraine "On protection of consumer rights" https://zakon.rada.gov.ua/laws/show/ru/1023-12. Article 9 of this law States:
"The consumer is entitled to exchange nonfood goods of proper quality at the same dealer where it was purchased, if the goods did not satisfy it under the form, size, style, color, size or other reasons can not be used.
The consumer has the right to exchange the goods of proper quality within fourteen days, excluding the day of purchase, if a longer period is not declared by the seller.
Exchange of goods of appropriate quality is made, if it is not used and if its trade dress, consumer properties, seals, labels, and settlement documents issued to the consumer together with the sold item, or reproduced on the display software of payment transactions....
2. If at the time of exchange of similar goods sold, the consumer has the right to, or purchase any other goods from the existing range with the appropriate recalculation of the cost, or to terminate the contract and receive a refund in the amount of the returned goods, or to exchange goods at similar at the first receipt of the corresponding goods in sale. The seller is obliged in day of receipt of product to inform the consumer that requires the exchange of goods.
3.Upon termination of the contract of purchase and sale settlements with consumers are made based on the value of the goods at the time of purchase. The money paid for the goods returned to the consumer on the day of termination of the contract, and in case of impossibility to return the money the day of termination of the contract - in another time by agreement of the parties, but not later than within seven days."
Can not be exchanged goods specified in List of goods not subject to exchange(return) approved by the Cabinet of Ministers of Ukraine. https://zakon.rada.gov.ua/laws/show/172-94-п
Furthermore, article 1 paragraph 22 of this Law States who the consumer. "Consumer - a natural person who purchases, orders, uses or intends to purchase or order products for personal needs not related to business activities or duties of the employee"
6.17, the Seller has the right to place a link to your Warehouse and on your Showcase in social networks, forums, websites and other resources.
7. Consent to receive messages
7.1. Marketplace reserves the right to send its users informational and promotional messages.
7.2. When you use the Website through the corresponding interface, User can opt in or opt out of receiving information and advertising messages. Users who have in some way consented to receive promotional messages and has not refused receiving them, are subscribers to the Website.
7.3. The user may refuse further receipt of ad messages by clicking on the link in the received informational/promotional message, if any, or by contacting support via email or by leaving a request on the Website.
8. Rules of order of the goods
8.1. On the Website, Users database, which is a reference system that contains information about products/services to potential buyers/consumers of goods/services. Information about the products/services presented on the Site based on information provided by the Sellers.
8.2. When ordering goods/services, the Buyer agrees to the terms set out in these Conditions.
8.3. The marketplace is the owner of the Website which provides information about products and services. The Order means the Buyer's intention to conclude the contract of purchase and sale with a particular Seller in respect of the selected product. The buyer understands that enters into a contract of sale directly with the Seller, and not Marketplace. All rights and obligations under the contract of purchase and sale with the Buyer arise from the Seller.
8.4. When Ordering, the Buyer should provide accurate information about his or her personality and methods of communication with the Buyer or other recipient of the Order. The buyer assumes all risks, including the risk of non-execution or improper execution of the Order, in case the Buyer invalid data.
8.5. The marketplace provides the Buyer with information support when making the Order and its execution by the Seller. When Ordering, the Buyer agrees to receive informational messages from the Marketplace and (or) service delivery, e.g. e-mails, messages sent by means of the functionality of a mobile application, SMS messages and other communication channels specified by the Buyer, with information about the processing of the Order.
8.6. Information about the Orders available to the Buyer in your account on the Website. The buyer may change or cancel the order.
9. Intellectual property rights
9.1. All the features available on the Website, including design elements, text, graphics, Map, illustrations, databases and other objects (hereinafter – the content of the Site) and any content posted on the Site are subject to the exclusive rights Marketplace.
9.2. The use of the website content and any other elements of the Site is possible only within the functionality offered by the Site. No part of the Website may not be used otherwise without the prior written permission of the copyright holder.
9.3. Do not use, distribution, reproduction and/or extraction from the Site by manual or automatic method (automated programs: scripts, bots, crawlers) any material or information. Any such use, distribution, reproduction information of the Website is unlawful, and the Marketplace reserves the right to oppose such action
9.4. The use of the Card or part thereof, is only permitted with reference to source of information.
10. Limitation of liability
10.1. The user uses the Site at your own risk. Bearing in mind the principles of construction and operation of the Internet, the functionality of the Website is provided "as is". The marketplace does not assume any responsibility, including for compliance of the Website with the User's goals.
10.2. The marketplace provides Users access to the Site and supports the proper functioning of the Website, quickly recovers its performance in case of technical failures and interruptions. However, the Marketplace does not guarantee uninterrupted operation of the Site and compliance with any terms of recovery Site in case of interruptions. Marketplace does not warrant that the Website will meet/will meet the requirements and expectations of the User, and that the functionality of the Website will be uninterrupted, timely, secure or error-free. The marketplace shall take the necessary measures to ensure User quality of service, including during the technical breaks in the operation of the Site. About all any technical failures and system errors must be notified by e-mail address technical support Website.
10.3. Marketplace is not responsible for failure or improper performance of its obligations due to failures in the telecommunications and energy networks, malware activity, and unscrupulous actions of third parties aimed at unauthorized access and/or disabling the software and/or hardware Service.
10.4. Marketplace is not responsible for any damages to the User resulting from User's use of the Site or specific functionalities.
10.5. Marketplace is not responsible for the information posted by Users on the Website, the accuracy of the information about goods and services of Sellers; the contents of the messages, feedback on goods(services) and Sellers; for failure to use or inability to use the Site, for the content or information placed by the Sellers on their pages,
10.6. Marketplace does not make mandatory the verification of the information and content that is posted by Users on the Site and is not responsible for the compliance of such information with the current legislation of Ukraine.
10.7. Conditions apply to all kinds of User interaction and Marketplace, including but not limited to, the following: any conduct by a User by means of the interface of the Website, post, SMS and e-mails, communication with the contact center(technical support) Marketplace.
10.8. Marketplace has the right to remove Site content at the request of the authorized state bodies or holders, which, in the opinion of the Marketplace violates the rights of other users and third parties, and contrary to the public morals.
10.9. Marketplace is not responsible for User errors that were committed during registration or when placing content and for damages that resulted in these errors.
10.10. In the event of claims, disputes, conflicts, lawsuits from regulatory authorities or third parties as posted on the Website of the content the User undertakes to solve it yourself without involving the Marketplace.
10.11. In case you have any complaints or suggestions to the Marketplace, and in case of discovery of any alleged violation of property or personal non-property intellectual rights, as well as other personal non-property rights of third parties in connection with the posting on the Website content, the User must notify the Marketplace about your claim or alleged breach by a Declaration or notice by e-mail (hidden)
The term of consideration of Marketplace claims is 10 working days, unless another special response time is not directly specified by Ukrainian legislation.
11. Other provisions
11.1. These Terms shall constitute the entire agreement between the User and the Marketplace concerning use of the Site.
11.2.If, for one reason or another, one or more clauses of the Terms are deemed invalid or not having legal force, this does not affect the validity or applicability of the remaining clauses of the Terms.
11.3. The Parties undertake to maintain confidentiality and without the written consent of the other Party not to disclose or make available to third parties any information that is the property of the other Party or that has signs thereof.
11.4. The parties consider all information received by the User during the User’s work with the site and the receipt of Marketplace services is confidential.
The user undertakes not to disclose confidential information to anyone, except as otherwise provided by applicable law in accordance with the requirements of the authorities, law enforcement authorities or the court, or when such information is publicly available, or by mutual agreement of the Parties.