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RusBid Inc., hereinafter referred to as the “Contractor”, as the party of the first part, and the capable physical person or the legal entity, hereinafter referred to as the “Customer”, as the party of the second part, have concluded this Agreement as follows:
1. SUBJECT OF THE AGREEMENT
1.1. In Accordance with the terms of this Agreement, the Contractor shall provide services to the Customer (including payment for and / or acquisition, storage and shipment of goods, hereinafter referred to as the “Order”) in strict accordance with the rates and terms as specified on the company website https://rusbid.com. The Customer shall pay for and accept the Order in accordance with the rates and terms of the Contractor.
1.2. This agreement shall come into effect when the Contractor has received the payment from the Customer. The Customer can pay using any payment method listed in the Add Funds section of the Personal Account.
2. KEY TERMS
2.1. Order: a product unit or a consignment that has a unique number, unit and bottom-line cost and date of order, and that has been entered to the Balance.
2.2. Balance: an automated accounting system of the Contractor, which reflects all commodity and financial transactions of the Customer.
2.3. Entry: a separate line of the Balance that reflects the status of the Order. An Entry comprises a description and quantitative characters, such as credit, debit and cost.
2.4. Seller: a legal entity or a physical person who is the sole holder of the Order at the time of its acquisition by the Contractor.
2.5. Shipping Carrier: a courier, postal or transport company that delivers the Order from the Seller to the Contractor and from the Contractor to the Customer.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Contractor shall:
- place, pay for and accept the Order, as well as ship it to the Customer within 5 days upon receiving the shipment order, as long as the Customer has sufficient funds to fulfill the order;
- ensure proper storage of the Order, execute the orders of the Customer concerning the storage and consolidation of the Order at the Contractor's warehouse;
- promptly inform the Customer about the current state of the Order by making appropriate changes in the Customer's Balance;
- keep any information about the Customer and his or her Orders confidential;
- promptly take all possible measures to resolve disputes and solve problems associated with the purchase and delivery of the Order;
- attach all documents required by the Customer to each shipment, including, but not limited to, invoices, waybills, declarations, etc.
- advise the Customer free of charge on all issues related to the execution of the Order.
3.2. The Customer shall:
- provide the Contractor with full and accurate information about the Order, necessary and sufficient for its accurate execution;
- pay the commission fee to the Contractor, in accordance with the rates and conditions as specified on the company website https://rusbid.com, no later than 5 business days from the moment the Order arrives at the Contractor's warehouse;
- pay the cost of the Order within 3 business days from the moment the Order is entered into the Balance;
- pay the cost of delivery of the Order to the address specified by the Customer, in accordance with the rates as specified in the relevant sections of the company website https://rusbid.com;
- immediately inform the Contractor about changes related to the correct execution of the order: its cancellation (change), change of the shipping address, etc.;
- when ordering and paying for goods themselves, use their own name and the personal ID specified in the Personal Account;
- when paying for the Order themselves, use the address of the Contractor's warehouse solely as the shipping address;
- when paying for purchases / Orders themselves, enter full information about purchases / Order into the system for the purpose of timely and accurate identification and accounting;
- upon request and at the discretion of employees of any branch of RusBid Inc., provide a copy / scan of passport, credit cards, confirmation of payment, invoices, and other required information concerning the Order;
The Customer shall not:
- use address, personal, banking, tax and other information of RusBid Inc., its branches and employees for registration on any online and offline services or payment systems.
- use other people's personal data when registering on RusBid.
- order and pay for the goods on eBay themselves, using the address of the Contractor's warehouse as shipping address, without registering on eBay, as Guest. The Contractor accepts self-paid goods only from registered eBay users.
3.3. The Contractor has the right to:
- suspend or terminate the Customer's account, should the Customer fail to fulfill the obligations (as specified by Clause 3.2 of this Agreement);
- engage third parties for the execution of this Agreement at the Contractor's discretion, but upon prior agreement with the Customer;
- charge additional fees for non-standard services, such as sorting large consignments, special packaging, installation/dismantling, etc.
- charge monetary penalties to the Customer on a unilateral basis for exceeding the terms of free storage of the Order at the Contractor's warehouse, in accordance with the terms and rates of each branch of RusBid as specified in the Rates section of the company website https://rusbid.com;
- charge monetary penalties to the Customer on a unilateral basis for violating the Contractor's rules and requirements for self-paid purchases/Orders, in accordance with the terms and rates of each branch of RusBid as specified in the Rates section of the company website https://rusbid.com;
- terminate this Agreement unilaterally in the following circumstances:
(a) if the Customer behaves disrespectfully, aggressively or rudely towards the employees of the company;
(b) if the Customer fails to provide complete and accurate information about the Order;
(c) if the Customer orders goods, items or services prohibited by law and/or Clause 7 of this Agreement;
(d) if the Customer knowingly provides false personal information;
(e) if the Customer undertakes any unlawful action towards the Contractor.
3.4. The Customer has the right to:
- receive a full or partial refund for the Order in the event that the Contractor failed to complete the Order or completed it partially, accordingly;
- make changes or additions to the Order before it has been paid for by the Contractor;
- refuse the already paid Order, but only provided that the Customer agrees to refund all costs associated with the Order;
- delete personal information and close the account in the Contractor's system;
- receive their personal information stored on the Contractor's website upon request.
4. IDENTIFICATION AND ACCOUNTING OF INCOMING PARCELS AND CARGOES
4.1. In the absence of a request for paid detailed examination (testing) of goods on the part of the Customer, the Contractor checks the goods for compliance with the order, provided that the Contractor has paid for the goods. In case of discrepancies between the ordered and the received goods, the Contractor shall notify the Customer and take measures to exchange or return the goods to the supplier.
4.2. Upon receipt of goods by warehouse, the receipt is recorded in the electronic system, the goods are marked and stored in the warehouse.
4.3. With self-paid purchases, the responsibility of the Contractor arises upon receipt of goods by warehouse.
5. WARRANTY AND RETURN
5.1. In the event of a refund or warranty claim, the Customer shall pay for the delivery of the Order to the Contractor and back.
5.2. The Contractor does not provide any warranty for the Order and shall not refund the costs incurred by the Customer in case of damage or failure to work.
5.3. The Contractor's commission fee is non-refundable regardless of the Seller's decision concerning the warranty repair or exchange of the Order.
5.4. Warranty for FreeStyle Libre products:
6 months for blood glucose meters. Sensors are not provided with a warranty and cannot be returned or exchanged.
5.5. The Customer's self-paid goods are returned by the Contractor to the address of the Seller that has sent the goods in accordance with the terms and rates of the Contractor.
Self-paid goods shall not be sent to any other address specified by the Customer or transferred to a third party.
6. UNCLAIMED GOODS, LIQUIDATION SALES
6.1. In case the Customer refuses to accept the goods that have already arrived at the Contractor's warehouse, the Customer may order a liquidation sale of the goods by the Contractor. The Contractor shall credit all proceeds, minus all expenses and the Contractor's commission fee, to the Customer's account.
Liquidation sale: the sale of goods on eBay with a minimum starting price and a trading period of 7 days or by Buy It Now with Best Offer and a one-month auction period.
6.2. In the event that the Customer fails to claim the goods within 6 months and has a negative balance, the Contractor receives the right to make a decision concerning the liquidation sale of the Customer's goods at the Contractor's sole discretion. All proceeds, minus all expenses and the Contractor's commission fee, are credited to the Customer's account.
6.3. In case the Customer fails to provide oral or written instructions concerning storage, sale or shipment of the Customer's order within 9 months since the arrival of the Order at the Contractor's warehouse, the Order is considered unclaimed and sold / disposed of by the Contractor without further payments or refunds to the Customer.
7. PROHIBITED ITEMS
The Contractor shall not purchase, pay for, accept to the warehouse or ship the following goods and items:
- items that may pose a threat to the company's employees, spoil or damage other goods or equipment;
- narcotics and psychotropic substances;
- tobacco and tobacco products;
- alcohol, including beer and low alcohol beverages;
- food supplements, steroids and dietary supplements for athletes;
- poisonous substances, chemicals and reagents;
- live animals, plants and seedlings;
- radioactive, potent, corrosive, explosive and flammable substances, pyrotechnics and other dangerous substances;
- combat arms, hand arms, small arms, melee weapons, civilian weapons, collectors' weapons (including replicas), service weapons, ammunition, pepper sprays, air guns, gas spray guns, firearm parts, accessories and supplies for any type of weapon, telescopic sights, electroshock weapon, spark gap switches;
- perishables;
- printed matter, photo, video and audio materials containing propaganda of war, racism, violence;
- pornographic products and materials;
- currency, banknotes, coins, payment orders, checks, vouchers, bonds, coupons, stock certificates, bank cards;
- jewelry, precious metals and stones;
- antiques and works of art;
- human remains and organs;
- any items and goods prohibited for transportation by the International Air Transport Association (IATA) and the Universal Postal Union (UPU).
Update: From November 17, 2016 onward, RusBid does not accept fragile items, including porcelain, glass and ceramic goods.
8. RESPONSIBILITIES OF THE PARTIES
8.1. The Contractor and the Customer are responsible for the fulfillment of obligations under this Agreement in accordance with the current legislation of the country where the Contractor's services were rendered.
8.2. The Contractor bears full financial liability for the Order solely from the moment the Order arrives at the warehouse and until the moment of transfer of the order to the shipping carrier or to the authorized representative of the Customer.
8.3. The Contractor is not responsible for the terms, quality and fulfillment of order by the Seller, nor is the Contractor responsible for the actions of shipping carriers, transport, courier or freight companies, customs authorities or the authorized representative of the Customer.
8.4. The Contractor shall make every effort to resolve disputes and reimburse insurance and other payments in favor of the Customer in the event of loss, damage, shipment delays through the fault of third parties.
9. CONFIDENTIALITY
9.1. The Contractor ensures full confidentiality of any information regarding the Customer, including personal information, ordered goods and items, financial situation and other information.
9.2. The Contractor shall not disclose any information regarding the Customer to third parties without the consent of the Customer.
9.3. The Contractor ensures the availability of sufficient organizational and technical means to protect the Customer's data.
9.4. In the event that a third party or authorized bodies initiate legal proceedings or take actions involving the disclosure of personal information, the Contractor shall immediately notify the Customer thereof.
10. FORCE MAJEURE
10.1. Both parties are exempt from liability for full and partial failure to fulfill obligations under this Agreement if such failure was a consequence of force majeure circumstances caused by extraordinary events (natural disasters, catastrophes, military action, strikes, changes in and / or application of legislation, etc.) which the party that failed to fulfill its obligations could not foresee and prevent. The party that fails to fulfill its obligations shall immediately notify the other party thereof and provide documents confirming the existence of such circumstances issued by authorized bodies.
11. TERM OF AGREEMENT
11.1. This Agreement shall enter into force upon registration of the Customer in the RusBid.com online system and shall remain in effect until both parties have fulfilled their obligations under this Agreement.
12. DISPUTE RESOLUTION
12.1. The Parties shall take all measures to resolve disputes and disagreements that may arise upon fulfillment of the obligations under this Agreement by negotiation.
13. OTHER CONDITIONS
13.1. The documents that supplement this Agreement received in electronic form shall be recognized as valid by both Parties.
© 2017 RusBid Inc
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