USER AGREEMENT FOR THE SELLER DATED FEBRUARY 2, 2023

 

1. GENERAL PROVISIONS

1.1. This User Agreement (hereinafter referred to as the "Agreement") regulates the relations between the Website Administration (Alive LLC, legal address: T. Frunze, 38, Bishkek city, Kyrgyz Republic, PO BOX 720000) and the User that occur during the use of the www.qoovee.com website (hereinafter referred to as the "Website") and the User's acquisition of the "Seller" status.

1.2. By using the Website's services, the Seller fully agrees to these terms and conditions. If the Seller does not agree to the terms and conditions of this Agreement, in this case he/she has no right to use, continue to use the services of the Website related to the placement of proposals for the purchase of the product to the Buyers, as well as to have access or continue to have access to them.

1.3. The Website is provided on an "As is" basis, and therefore the User is not provided with any guarantees that the Website will meet the Seller's requirements; the services will be provided continuously, quickly, reliably and without errors; the results that can be obtained using the Website will be accurate and reliable; the quality of any product, service, information and user materials obtained using the Website will meet the Seller's expectations.

1.4. All responsibility for the content of the materials and their compliance with the requirements of the legislation of the Kyrgyz Republic is borne by the person who created these materials and/or added them to the Website.

1.5. The Administration has nothing to do with the materials provided and/or placed by the Seller on the Website, and does not verify the content, authenticity and security of these materials or their components, as well as their compliance with the requirements of applicable legislation, and whether Users have the necessary rights to use it.

1.6. In case of any claims of third parties regarding violation of any property and/or personal non-property rights of third parties, as well as prohibitions or restrictions established by the legislation of the Kyrgyz Republic, the Seller is obliged to pass official identification at the request of the Website Administration, providing the Website Administration with a notarized obligation to settle the claims on its own and at its own expense.

1.7. The Website Administration reserves the right to remove any materials from the Website or temporarily restrict access to them unilaterally without explanation.

1.8. If the Website Administration is held liable or subject to penalties in connection with violations of the rights and/or interests of third parties, as well as prohibitions or restrictions established by the legislation of the Kyrgyz Republic, the Seller is obliged to fully compensate the Website Administration for losses.

1.9. The Agreement (including any of its parts) may be changed by the Website Administration without any special notice. The new version of the Agreement takes effect from the moment it is posted on the Website or brought to the User's attention in another convenient form, unless otherwise provided by the new version of the Agreement. The Seller has the right to refuse to accept changes and additions to the Agreement made by the Website Administration, which means that the Seller refuses to use the Website.

 

2. SUBJECT OF THE USER AGREEMENT

2.1. The subject of this Agreement is the definition of basic terms and conditions of the use of the Website, establishment of the main rights and obligations of the Website Administration and the Seller, provision by the Website Administration of services for the placement of offers to purchase the products to the Buyers.

2.2. The Website services are provided at the Seller's choice on a nonrefundable or refundable basis. All current rates are listed on the Website.

2.3. Under this Agreement, the Website Administration provides the Sellers with services on the provision of the Website's technical features for use, namely:

2.3.1. Providing Sellers with the ability to place products on the Website.

2.3.2. Providing technical conditions for correspondence between the Seller and the Buyer to conclude a deal between the Parties. In this regard, the Website Administration is not a participant and/or intermediary of deals made by Users through the Website, does not control and is not responsible for such deals.

2.4. By accessing the Website and thus entering into this Agreement, the Seller guarantees that it has all the rights and powers necessary for the conclusion and execution of the Agreement. The Seller is also obliged to confirm the status of a legal entity by providing the Website Administration with documents in electronic (scanned) form confirming this status (certificate of registration of the legal entity, patent, passport of the main founder and the director of the organization).

 

3. PLACEMENT OF THE ORDER

3.1. After passing the registration and moderation procedure on the Website, the Seller places the offered range of products on the Website.

3.2. The price of the product is indicated on the Website by the Seller. The final price of the product is negotiated between the Buyer and the Seller and must be displayed in the order form and in the purchase/sale agreement.

3.3. The price of the product on the Website can be changed by the Seller unilaterally (promotions, discounts, etc.).

3.4. The Seller receives a request form completed by the Buyer and a notification of receipt of the order. The funds received from the Buyer to the account of the Website Administration are displayed in the Seller's personal account. From the moment of receipt of funds, the Seller undertakes to ship the product within the deadlines agreed with the Buyer.

3.5. The risk of accidental loss or damage to the product shall pass to the Buyer from the moment the product is transfered to the Delivery Service. In the case of non-delivery of the order placed through the "Deal guarantee" using the Qoovee Logistics service and in case of discrepancy between the requirements on the quality of the product described in the agreement between the Buyer and the Seller, the Website Administration shall reimburse the Buyer the cost of the paid order amount according to the terms of payment and refund and in case the consensus with the Seller was not found through negotiations. In all other cases, the Website Administration is not responsible for the delivery of the order and the quality of the order.

3.6. The deadline for making claims on the quality, timing and volume of order execution is 7 (seven) days from the date (inclusive) of actual delivery to the Buyer of the entire order volume. Upon expiration of the claim period, funds are transferred to the Seller's account. The Website Administration has the right to withhold up to 3% of the total cost of the order for products and up to 7% for services, received to the bank account of the Website Administration. The exact amount of commission fee is determined separately for each deal and is agreed between the Website Administration and the parties to the deal.

3.7. If the Buyer finds out that the order does not meet the requirements specified in the purchase/sale agreement within the period specified in clause 3.7. of this Agreement, the Seller must make every effort to eliminate these violations. The Seller undertakes to eliminate the defects of the product that cannot be used in accordance with their intended purpose due to the Seller's fault within 7 (seven) calendar days from the date of the Buyer's request. If it is impossible to eliminate the defects, or such defects occur 2 or more times within 7 (seven) calendar days from the date of the Buyer's first request, the Supplier must immediately replace such products to the Buyer with the proper one.

3.8. The Seller undertakes to compensate the Buyer for losses incurred, including lost profits, when the product is withdrawn from the Buyer by third parties, as well as in case of violations of the laws of the recipient's country, transit or sender's country.

3.9. After the Buyer confirms receipt of the product on the Website and the deal is finished, or after the deadline for submitting claims in accordance with clause 3.7. of this Agreement, the deal is considered completed. In this case, if the above requirements are met, the Website Administration sends the amount paid to the Seller's bank account by transfer, taking the clause 3.7. into account.

 

4. TERMS OF DELIVERY OF THE PRODUCT

4.1. The product is delivered by the Supplier by shipment to the Buyer.

4.2. The place of transfer of the product is specified by the Buyer in the order form and in the purchase/sale agreement.

4.3. The product is delivered to the place of transfer at the expense of the Supplier and/or the Buyer via the Qoovee Logistics service, if the “Order protection” service is used, otherwise the guarantees under the “Order protection” system are not provided. The deadline and other terms of delivery of the product are set by agreement of the Parties, depending on the address and region of delivery.

4.4. The product packaging must meet the relevant international standards and ensure reliable protection of the product during transportation.

4.5. Confirmation of the fact of transfer of the product is a certificate of transfer and acceptance of the product drawn up by the Buyer with the Delivery Service or with the Seller, if it delivered the products on its own. The scanned certificate of transfer and acceptance must be provided by the deal Parties to the Website Administration no later than 2 days from the date of receipt of the Certificate, in the case the deal is made via the "Order protection" system.

4.6. Simultaneously with the transfer of the product to the Buyer, the Supplier shall send all accessories and documentation relate to them.

4.7. The Seller and the Buyer must comply with international rules and laws on the use of intellectual property and not violate the rights of other copyright holders. The "Order protection" service does not include protection of intellectual property rights. The Website Administration is not responsible for violations in the field of intellectual property and all costs incurred in this case are covered by the Seller and/or Buyer themselves.

4.8. The Supplier shall notify the Buyer and Website Administration on the transfer of the product to the Delivery Service, thereby providing them with the necessary supporting documents received from the Delivery Service on the day of shipment of the product, by sending a notification through the Website or to the official email of the Website.

 

5. GUARANTEES AND REPRESENTATIONS. RESPONSIBILITY

5.1. The Seller confirms that the funds, products, and services placed on the Website and offered to Buyers are not obtained by criminal means and guarantees their legality.

5.2. The Seller guarantees that the products placed on the Website belong to the Seller by right of ownership are not in dispute or under arrest, are not subject to collateral, are not burdened with the rights of third parties, and do not violate anyone's copyright and other laws on the protection of intellectual property.

5.3. The Seller is responsible for its own actions in placing, negotiating, concluding, managing, and executing the orders for the provision of products and services. Violation of this Agreement and the current legislation of the relevant country entails civil, administrative and criminal liability.

5.4. Any losses that the Seller may incur in the event of intentional or negligent violation of any provision of this Agreement, as well as due to unauthorized access to his personal account on the Website and communications from other Users or third parties, will not be reimbursed by the Website Administration.

5.5. The Seller is personally responsible for the safety of his/her Login and Password to the personal account on the Website; in case of loss or disclosure to third parties, he/she must immediately contact the Website Administration.

 

6. VERIFIED SUPPLIER

6.1. TERMS OF OBTAINING THE "VERIFIED SUPPLIER" STATUS

6.1.1. A Seller who has passed a complete verification in accordance with the procedure specified in clause 6.2 can obtain the "Verified Supplier" status.

6.1.2. The Seller must provide the required list of documents and data. The up-to-date list of documents and data required for the verification can be found on the Website in the Seller's personal account.

6.1.3. The Seller obtains the "Verified Supplier" status only as a confirmation of the legality of entrepreneurship activities and the compliance of the submitted documents and data with the official sources, government agencies.

6.1.4. The "Verified Supplier" status does NOT imply order protection, provision of any guarantees on the performance of obligations undertaken by the Seller towards buyers, partners and other persons from the Website Administration and does not entitle the Seller to make such statements.

6.1.5. The Website Administration shall not be liable if the Seller has provided false information, forged documents or other misrepresented data about itself for verification to obtain the "Verified Supplier" status.

6.1.6.  Payment made by the Seller as a precondition for obtaining the "Verified Supplier" status is not refundable, also in case of denial by the Website Administration to grant the "Verified Supplier" status.

6.1.7. The up-to-date privileges received by the Seller for obtaining the "Verified Supplier" status are specified on the Website in the Seller's personal account.

6.1.8. The Website Administration has the right to refuse the Seller to carry out the verification without explaining the reasons.

6.1.9. The Website Administration has the right to revoke and deactivate the "Verified Supplier" status by providing justified reasons.

6.1.10. In case of denial of the "Verified Supplier" status after the Website Administration had confirmed the initiation of verification or after granting the "Verified Supplier" status, the Seller shall be provided with a justified reason for denial. The list of possible reasons for denial is given in clause 6.3.

6.1.11. The Seller has the right to reapply for the "Verified Supplier" status after eliminating the reasons that caused the denial by the Website Administration.

6.1.12. Once a year, the Seller must reaffirm its "Verified Supplier" status. For that purpose, the Website Administration is entitled to re-request the required list of documents, data and performance of some actions by the Seller. The up-to-date terms of passing the re-affirmation and the validity period of the "Verified Supplier" status can be found on the Website in the Seller's personal account.

 

6.2. PROCEDURES FOR OBTAINING THE "VERIFIED SUPPLIER" STATUS

6.2.1. The Seller makes a payment on the Website to obtain the "Verified Supplier" status. The up-to-date prices and conditions are described in the Seller's personal account.

6.2.2. The Seller submits the necessary list of documents and data specified in the Seller's personal account to the Website Administration for verification.

6.2.3. In case of successful completion of the verification, which may take up to 7 working days or more from the moment of complete transfer of documents and data by the Seller, the Website Administration activates the "Verified supplier" icon on the Seller's page.

6.2.4. In case of denial of the "Verified Supplier" status, the Website Administration shall send a notification specifying the reason for denial to the Seller's current email address indicated in the Seller's contact details in the personal account.

 

6.3. REASONS FOR DENIAL OF THE "VERIFIED SUPPLIER" STATUS

6.3.1. If the list of documents submitted for verification is incomplete

6.3.2. If data contained in the documents is not confirmed during the verification

6.3.3. If the supplier impersonates another company or uses someone else's brand, promotes and displays photos and descriptions of products/services, and intellectual property without legal rights from the copyright holders to use and promote them.

6.3.4. If the supplier has an extremely negative business reputation

6.3.5. If the supplier is in the process of liquidation or under threat of bankruptcy and liquidation

6.3.6. If the supplier has no rights to conduct entrepreneurship activities

6.3.7. If the supplier promotes and sells, or intends to promote and sell products and services prohibited on the Website. The up-to-date list of prohibited products and services is given in clause 3.5 of the User Agreement https://www.qoovee.com/policies/terms/

6.3.8. If the supplier is in the Website database "black list" because of the previous violations of the Qoovee Administration rules.

6.3.9. If the supplier fails to perform its obligations to buyers

6.3.10. If the supplier breaches this agreement and any other agreements and contracts signed and concluded with the Website Administration.

 

7. FINAL PROVISIONS

7.1. All possible disputes arising out of or related to this Agreement are subject to resolution in accordance with the current legislation of the Kyrgyz Republic

 

THE SELLER CONFIRMS THAT HE/SHE IS FAMILIAR WITH ALL THE CLAUSES OF THIS AGREEMENT AND ACCEPTS THEM UNCONDITIONALLY.