1. Terms and definitions
Marketplace - IP Amanova A.S. INN 860223014208, OGRN 312346005200029, legal and actual address: Russia, 400050, Volgograd, Selenginskaya str. 11.
Platform - Internet resource https://duzzer.net, including all levels of this domain.
User - a legal or capable individual who uses the Platform's services.
Manufacturer - a legal entity (individual entrepreneur), which is registered on the Platform and has placed an offer to sell the Goods on it or has placed Information about the Goods for exhibition purposes.
Buyer - a legal entity (sole proprietor) or an individual who has purchased the Goods on the Platform or intends to purchase them.
Goods - goods and material assets, information about which is presented on the Platform.
Order - a request of the Buyer for the purchase of the selected Goods, as well as a request for services in organizing the delivery of the ordered Goods, executed using the Platform's functionality.
Information about the Goods - any information about the Goods placed by the Manufacturer on the Platform, including the name of the Goods, trade mark (model), information about the assortment, technical, functional, consumer characteristics of the Goods, about the Manufacturer of the Goods, about the price of the Goods, about discounts in the Goods, about marketing and other actions carried out in respect of the Goods.
Rules of Sale and Delivery - a document defining the procedure and conditions of purchase of the Goods on the Platform, as well as services for their delivery and posted on the Platform at: https://enex.market/data-protection/payment-policy/.
2. General provisions
2.1 These Terms and Conditions shall govern the relationship arising between User and Marketplace when using the Platform.
By agreeing to these documents, the User guarantees that he/she has read them and undertakes to comply with them.
2.3. Conclusion of sale/sale/service agreements on the Platform and any other actions in this regard shall be governed by the applicable legislation, these Terms and Conditions and the Sale and Delivery Rules.
2.4 The functionality of the Platform is provided to the User free of charge, unless otherwise stipulated in the agreement with Marketplace. The provisions of the Russian Federation legislation on consumer protection shall not be applied to the relations on providing the Platform functionality free of charge.
2.6 The current version of the Terms and Conditions is publicly available on the Platform.
3. General terms and conditions of use of the Platform
3.1 The use of the Platform is possible on a personal computer, mobile phone, tablet or other device suitable for the correct use of the Platform. The use of the Platform is allowed on an unlimited number of the User's devices.
3.2 Certain features of the Platform may differ or may not be available to the User on the pages of the Platform optimised for mobile devices.
3.3. The right to use the Platform includes the right to use the Platform to view, read, comment/response and implement other available functionality of the Platform.
3.4. The User is granted the right to quote elements of the User Content of the Platform, indicating the source of the quote, including a link to the URL of the Platform.
3.5. The User guarantees that they have the legal capacity to enter into legal relations for the use of the Platform in accordance with these Terms and Conditions and other documents regulating the use of the Platform.
4. Functionality of the Platform
4.1 The Platform has a database (reference system) containing information on goods/services. The information about the Goods is provided by the Manufacturers.
4.2 Any User is able to view the public pages of the Platform, including text and graphic information.
4.3. Any User who is not registered/authorized on the Platform (visitor) may use all services provided on the Platform except for placing an Order, sending messages from the page "Question to the Platform/Producer/Technologist", leaving comments and feedback on the detailed page of the Goods / on the detailed page of the Manufacturer.
4.4. A user registered on the Platform as a Buyer, after passing the authorization, in addition to browsing through the pages, may add the selected Goods to the cart and place an Order (if the Manufacturer has established the possibility of ordering the Goods). In the Personal Cabinet the Buyer can edit contact details as well as view the history of Orders.
4.5. The Buyer - a legal entity may limit and divide the rights to use the functionality of the Platform (view the entire history of orders, cancel outstanding orders, pay for orders, change the status of orders, create and edit the company page, create news, view and respond to appeals).
4.6. The Buyer - a legal entity has the opportunity to create and publish news on the Platform. The possibility of news publication is provided by agreement with the Marketplace.
4.7. The User registered on the Platform as a Manufacturer, after passing the authorization, has all rights of the registered User, except for access to the functionality of buying the Goods, including access to the functionality of the personal cabinet of the manufacturing company.
4.8. The Manufacturer has the possibility to place on the Platform Information about the Goods independently, using the functionality of the Platform, or with the help of Marketplace specialists.
4.9 The Manufacturer may place Product Information on the Platform without an opportunity to place an Order/Purchase such Product. In this case the Product Information shall be deemed to be placed for the purpose of familiarizing an undefined circle of persons with the properties and characteristics of the Product). If the Manufacturer decides to sell its Goods on the Platform, an agency agreement shall be concluded between the Manufacturer and Marketplace regulating the procedure of interaction between the parties in sales.
5. Sign up for the Platform
5.1. In order to access certain functionality of the Platform, including for ordering goods and services on the Platform, the User must pass the registration procedure, which will result in the creation of a unique account and a personal account for the User.
5.2 The registration procedure of the User is carried out in accordance with the rules set out in these Terms and Conditions and the current interface of the Platform.
5.3 When registering on the Platform, a User chooses whether to register as a Buyer or a Manufacturer. In case the value "Buyer" is selected, the User shall further choose whether to register as a natural person or a legal entity (sole proprietor).
5.4 The Buyer who is a legal person or an individual entrepreneur can create sub-accounts.
5.5. Selfregistration is provided only for the Buyer. To register as a Manufacturer, the User must leave an application on the Platform via the feedback form.
5.6 A Manufacturer registered on the Platform is able to create a separate account for the Buyer and make purchases on the Platform.
5.7. After a User has registered on the Platform, any actions of the User give rise to their respective rights and obligations.
5.8. Marketplace reserves the right to refuse to register a User on the Platform without giving any reasons.
5.9 Upon registering with the Platform the User undertakes to provide true and complete information and keep this information up to date. If the User provides incorrect information, Marketplace shall have the right at its own discretion to block or delete the User's account and refuse to use the Platform. Marketplace may ask the User to provide documents confirming the veracity of the data indicated during the registration.
5.10. Upon completion of the registration procedure, the User sets the password for accessing the account himself/herself. Marketplace has the right to set requirements for login and password (length, allowed symbols, etc.). The e-mail address is used as the User's login.
5.11. The login and password selected by the User are necessary and sufficient information for authorization on the Platform. The User shall not be entitled to transfer their login and password to third parties, shall be fully responsible for their safety by choosing the method of their storage.
5.12. The user is independently responsible for the security (guessing resistance) of the means of access to the account chosen by him/her, as well as ensuring their confidentiality. The User is independently responsible for all actions with the use of the Platform services performed under the User's account.
5.13. In any case of unauthorised access to the Platform using User's account, the User shall immediately notify Marketplace.
5.14. Marketplace is not responsible for the loss of User's registration data, including due to fraudulent actions of third parties.
5.15. If the User is unable to authorize due to the loss of his/her password, the User must fill in the form "Restore password".
5.16. Regardless of deleting their account on the Platform, all the User's obligations, including valid Orders made through the Platform, shall remain in force until full execution by the User.
6. Rights and obligations of Marketplace and User
6.1. Marketplace is entitled:
6.1.1. Block or delete the User's account/restrict the use of the Platform's functionality, delete Information about the Product in case the User violates these Terms and Conditions or the terms and conditions of other documents governing the relationship between the User and the Marketplace, as well as the requirements of the law.
6.1.2 In order to improve the operation of the Platform, collect information about Users' preferences and how they use the Platform (most frequently used functions, settings, preferred access time to the Platform), which is not personal data.
6.1.3. Delete User content, including at the request of authorized bodies or interested parties, if such content violates these terms and conditions, legal requirements or rights of third parties.
6.1.4. Temporarily discontinue the operation of the Platform, as well as partially or completely discontinue access to the Platform until the completion of necessary maintenance and/or upgrading of the Platform. The User is not entitled to claim damages for such temporary restriction of the availability of the Platform.
6.2. Marketplace undertakes:
6.2.1. to remedy any identified defects in the operation of the Platform as soon as possible.
6.2.2. Refrain from any actions which may impede the User from exercising their right to use the Platform.
6.2.3. To provide the User with necessary information on the use of the Platform upon their request.
6.2.4. Ensure confidentiality and safety of all data received from the User, except in cases when such disclosure has occurred for reasons beyond the Marketplace's control, as well as in cases stipulated by law.
6.3 The User has the right:
6.3.1 Use the Platform in the ways stipulated in these Terms and Conditions and the available interface of the Platform.
6.3.2. Receive information from the Marketplace relating to the operation of the Platform.
6.4. The User undertakes:
6.4.1 When using the Platform, not to infringe the intellectual rights of Marketplace, other Users or third parties.
6.4.2. not to use the Platform for illegal activities.
6.4.3. not to take any actions which may disrupt the operation of the Platform or its separate services.
6.4.4. not to disseminate any confidential and legally protected information about individuals or legal entities using the Platform.
6.4.5. Not to use the Platform for the distribution of information of an advertising nature, except with the Marketplace's consent.
6.4.6. Not to use the Platform, including any of its functions and services, for any purpose:
upload content that promotes violence, cruelty, hatred and/or discrimination on racial, national, sexual, religious, social grounds; contains inaccurate information and/or insults to specific individuals, organizations, authorities;
representing oneself for another person or representative without sufficient rights, including for Marketplaces employees;
misleading about the properties and characteristics of any Product, including those sold on the Platform;
incorrectly comparing the Goods, as well as forming a negative attitude towards, or condemning persons who do not use certain Goods;
unauthorised access to the Platform functions and services, any other systems or networks related to the Platform and any services/goods offered on the Platform.
7. Consent to the terms and conditions of the newsletter
7.1. Marketplace may send its users information and advertising messages (notifications), such as: changes in order status; responses to comments; responses to inquiries; Manufacturers' news; Enex news; customer news; promotions and special offers; company news; other messages and notifications.
7.2. In the personal profile the User can set up a subscription at his own discretion (unsubscribe from some categories of mailings or prohibit it completely).
7.3 Sending some messages of informational nature, such as cash receipts, is necessary for using the Platform services and cannot be disabled. If the User does not agree with the terms and conditions of this paragraph, they should refrain from using the Platform.
8. Requirements for feedback, comments, news postings
8.1 Users have the opportunity to leave feedback, comments and news on the Platform (news can be posted by Users who are legal entities or individual entrepreneurs).
8.2 Feedback, comments and news shall be posted on the Platform after preliminary moderation by the Platform administrators, without charging a fee.
8.3 By posting reviews/comments/news on the Platform, the User makes the information contained therein publicly available and assumes all risks associated with such posting.
8.4 The User is fully responsible for the content and form of the reviews/comments/news posted by them. The User guarantees that the reviews/comments/news do not violate the law and the requirements of these Terms.
8.5. If the reviews/comments/news posted by the User are copyrighted or include such an object, by publishing them, the User permits the Marketplace to use them in any way, including by reproduction, distribution, translation, making them available to the public without limitation of the territory and term of use.
8.6 It is forbidden to post reviews, comments and news on the Platform that contain:
profanity, slander and insults, other information that defames someone's honor and dignity;
personal data of third parties;
any other information the public distribution of which is prohibited by law.
8.7. The Marketplace has the right to remove the feedback/comment/news in case of the User's violation of these Terms and Conditions or requirements of the law when posting such material.
9. Exclusive rights
9.1 All objects placed on the Platform, including design elements, text, graphic images, illustrations, databases and other objects, are subject to the exclusive rights of the Marketplace and/or Producers.
9.2 The use of the objects (content) placed on the Platform is possible only within the framework of the functionality offered by the Platform. No elements of the Platform may be used in any other way without prior permission of the right holder. In particular, it is prohibited to copy, download and any other use of the Platform content for commercial purposes without the prior written consent of Marketplace and/or the Producer.
10. Limitation of liability
10.1 The User uses the Platform at his/her own risk. The Marketplace assumes no responsibility, including for the compliance of the Platform's functionality with the User's goals.
10.2 All services of the Platform are provided "as is", "as available", Marketplace does not guarantee the uninterrupted operation of the Platform or any time limit for restoring its functionality in case of interruptions. Marketplace is not responsible for any delays, disruptions, errors in the operation of the Platform, or incorrect or late delivery of messages. At the same time, Marketplace shall take all reasonable measures to prevent the said malfunctions and promptly eliminate the malfunctions (failures).
10.3. Marketplace shall not be liable for non-performance or improper performance of its obligations due to failures in telecommunications and power networks, actions of malicious programs as well as unfair actions of third parties aimed at unauthorized access and/or disabling of the Platform software and/or hardware complex.
10.4. Marketplace is not responsible for improper functioning of the Platform in case the User does not have the necessary technical means for its use.
10.5. Marketplace is not responsible for any losses which the User may incur as a result of his or her login and password becoming known to a third party through the User's fault.
10.6. Marketplace is not responsible for the content of User messages or materials (User Content), any opinions, recommendations or advice contained in such content.
11. Concluding Provisions
11.1 These Terms and Conditions shall come into force upon their publication on the Platform and shall remain in force until they are cancelled (revoked) by Marketplace.
11.2 These Terms and Conditions may be amended and/or supplemented at any time by Marketplace unilaterally at its sole discretion without giving reasons and without the consent of anybody else and without any special notice to Users. The amended and/or supplemented Terms and Conditions shall come into force upon their publication on the Platform.
11.3. If for any reason one or more provisions of these Terms and Conditions are invalid (unenforceable), this shall not affect the validity or applicability of the remaining provisions.
11.4 The User and the Marketplace acknowledge all information received by the User in the course of User's work with the Platform and receipt of Marketplace services, which is confidential (confidential information). The User undertakes not to disclose confidential information, except as provided by law or when such information is publicly available, or as agreed with the Marketplace.
11.6 The legislation of the Russian Federation shall apply to the relations which are formed in connection with the use of the Platform. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Russian Federation. Any issues not regulated by these Terms and Conditions shall be resolved in accordance with the laws of the Russian Federation under Russian law.
11.7. Complaint procedure for settling disputes arising out of the use of the Platform services is mandatory. In case of failure to reach an agreement as a result of the claim procedure application, the dispute shall be submitted for consideration to a judicial body in accordance with the Russian Federation legislation.
11.8. Contacts for obtaining information about the Platform's operation and usage procedure: