The Limited Liability Company "KONSTANTA TORG" (legal address: 121552, Moscow, Orshanskaya Street, Building 5, Room 137, INN 9719012227, OGRN 1217700056848), hereinafter referred to as the "Administration", offers any individual who has accessed the Service, hereinafter referred to as the "User", to join the User Agreement of the "BY MERCH" Service, in the manner of joining a public offer in accordance with paragraph 2 of Article 435 of the Civil Code of the Russian Federation, on the terms outlined in this User Agreement "BY MERCH", hereinafter referred to as the "Agreement" or "User Agreement".
This Agreement contains all the essential terms for using the "BY MERCH" Service. In case the User does not agree with the terms of the Agreement, the User must refrain from using the Service and immediately cease its use.
The transition from one page of the Service to another page of the Service by the User MEANS ACCEPTANCE OF THE USER AGREEMENT - THE COMPLETE AND UNCONDITIONAL AGREEMENT OF THE USER WITH THE TERMS OF THE "BY MERCH" USER AGREEMENT AS SET FORTH IN THIS DOCUMENT.
The Administration reserves the right to make changes to the content of the User Agreement at any time unilaterally, without notifying the User. The updated version of the Agreement is made available for the User's review on the website by-merch.ru in the website footer. The continued use of the Service by the User after changes and/or additions have been made to the Agreement means the User's acceptance and agreement to such changes and/or additions. The User is personally responsible for checking the Agreement for any changes. If for any reason one or more provisions of the "BY MERCH" User Agreement are found to be invalid or legally unenforceable, this does not affect the validity or enforceability of other provisions of the Agreement.
Administration – Limited Liability Company "KONSTANTA TORG," Taxpayer Identification Number (INN) 9719012227. User – any individual who has gained access to the Service. Product – tangible items that are not withdrawn from civil circulation, information about which is presented on the Service.
General Provisions
1.1. This User Agreement is developed with the purpose of establishing general terms and conditions for the use of the Service.
1.2. By gaining access to the Service, the User is considered to have agreed to the terms of this Agreement without any limitations or exceptions and accepts its conditions.
1.3. The Administration has the right to record telephone conversations for the purpose of monitoring the quality of the Service and the quality of the Products.
2.1. All information and objects posted by the Administration in the Service, including but not limited to design elements, text, graphic images, trademarks, commercial designations and other means of individualizing goods, services, legal entities, illustrations, video works, scripts, computer programs, musical works, audiovisual works, sounds, and other objects and their collections (hereinafter collectively referred to as "Content"), are the intellectual property of LLC "KONSTANTA TORG" and/or other rights holders (hereinafter collectively referred to as "Rights Holders"). Intellectual property is protected by law.
2.2. Except for cases explicitly established by this Agreement and the current legislation of the Russian Federation, any use (including reproduction, publication, distribution, import of originals or copies, public display, framing, copying, collection, systematization, storage, transmission, both for a fee and free of charge, any processing, including translation, making available to the public, broadcasting, and cable transmission) of the Service and/or the Content and/or parts of the Content is prohibited without prior written consent from the Rights Holder, specifying the specific objects and methods of their use.
2.3. Nothing in this Agreement may be construed as granting the right to use the Content and/or the Service; and/or the transfer of rights to the Content and/or the Service and/or any other disposal in favor of third parties of exclusive rights to the Content and/or the Service, unless such disposal is explicitly expressed in this Agreement.
2.4. The Administration takes all necessary measures to prevent the placement of information on the Service pages that contains the results of intellectual activity or means of individualization without the permission of the rights holders. However, in the absence of relevant information from the rights holders, the Administration is not aware and cannot be aware that the use of the results of intellectual activity or means of individualization by Users is unlawful.
2.5. If a rights holder identifies the unauthorized placement of their intellectual property or means of individualization on the Service's pages, they must send a written statement to the email address info@by-merch.ru, specifying the page of the Service and/or the internet address where their intellectual property is placed, along with documents confirming their rights. The Administration will review such a statement from the rights holder within no more than 30 (thirty) calendar days, in accordance with the procedures provided by the laws of the Russian Federation.
3.1. In case the Administration has grounds to believe that the information provided by the User is not accurate, the User's access to the Service may be temporarily restricted. If the fact of providing false information is established, the Administration has the right to remove the information from the Service without notifying the User. The Administration is not responsible for the provision of inaccurate information by Users and any negative consequences resulting from this.
3.2. By accepting the terms of this Agreement, the User guarantees that they have the legal capacity and necessary abilities required to enter into and fulfill this User Agreement "BY MERCH."
3.3. The Administration reserves the right to restrict the sale of Goods in case there are restrictions on the sale of the Goods. The User agrees to this provision and will not raise any claims against the Administration in this regard.
3.4. The Administration also reserves the right to restrict the User's access to the Service in case of repeated or malicious violations of the terms of this Agreement by the User.
3.5. This Agreement applies to all additional provisions, appendices, and terms of the functionality provided by the Service.
3.6. The Administration has the right to make changes to the list of Products, the information about which is published on the Service, at any time without notifying the Users.
3.7. The Administration has the right to improve the Service and its features in accordance with the User's preferences, including offering the User the most relevant recommendations while using the Service, based on the analysis of the User's behavior when using the Service.
3.8. By submitting a Review to the Service, the User grants the Administration a simple non-exclusive license for the text, images, videos, and other materials submitted by the User (hereinafter referred to as User Content) for the period from the moment the Review is submitted to the Service until the moment the Review is deleted from the Service. User Content may be used by the Administration in the following ways: posting the User Content on the Service.
4.1. To fulfill this Agreement, the Administration processes the personal data of the User and, if necessary, representatives and other persons acting on behalf of the User (for example, third parties specified by the User in the Review or in the feedback form) in accordance with the Privacy Policy and Personal Data Processing Policy.
4.2. The User (the person who provided the personal data) agrees that by providing personal data, they have given the Administration consent to process it. Such personal data may include, but is not limited to, last name, first name, patronymic, email address, as well as any other data that the User has provided while using the Service.
4.3. The processing of personal data is carried out in accordance with the Privacy Policy and Personal Data Processing Policy of the Service.
4.4. If the User (the person who provided the personal data) does not wish for their personal data to be processed, they must contact the Administration with a corresponding request in accordance with clause 7.1.5 of the Privacy Policy and Personal Data Processing Policy of the Service. In this case, all the received information, including the User's Reviews, will be deleted from the Service's database.
4.5. The Administration has the right to send the User messages of an advertising and informational nature (email newsletters) if the User expresses such a desire by checking the box in the "Subscribe to news and discounts," "Subscribe to the newsletter" section of the User's personal data and/or on the pages of the website by-merch.ru. If the Buyer does not wish to receive these newsletters, they must unsubscribe by unchecking the box in the "Subscribe to news and discounts," "Subscribe to the newsletter" section of the User's personal data and/or on the pages of the website by-merch.ru.
5.1. The Administration is not responsible to the User for the loss of User data that occurred through no fault of its own.
5.2. The Service is provided on an "as is" basis. The Administration is not liable for any potential damage directly or indirectly related to the use, misapplication, or inability to use the Service, loss, or damage of data.
5.3. The User is responsible for any damage caused to the Administration and/or other Users due to non-compliance with the provisions of this Agreement.
5.4. Neither the User nor the Administration is liable for the full or partial failure to fulfill their obligations under the Agreement if such failure results from force majeure circumstances that arise after the Agreement is concluded due to extraordinary events that could not have been foreseen or prevented by reasonable measures (force majeure). Such extraordinary events include: flooding, fire, earthquake, soil subsidence, and other natural disasters; war or military actions, embargoes, blockades, actions by authorities preventing the fulfillment of the Agreement.
5.5. By using the Service, the User agrees to use any materials of the Service at their own risk and bears personal responsibility for any consequences of using such materials, including damage that may be caused to the User's computer and/or third parties, data loss, or any other harm.
5.6. The Administration or its representatives are not responsible to the User or any third parties for any indirect, incidental, unintentional damage, including lost profits or lost data, harm to honor, dignity, or business reputation caused by the use of the Service, Content, or other materials accessed through the Service.
5.7. The Administration is not responsible for possible technical failures and errors in the software of the Service. If, due to a technical failure or error, the User receives unjustified benefit, the Administration has the right to unilaterally and without notice correct the error and/or demand that the User return to the original position or return any benefit gained from unjust enrichment (savings).
6.1. The Agreement is made in accordance with the laws of the Russian Federation. Issues not regulated by this Agreement shall be resolved in accordance with the laws of the Russian Federation.
6.2. In the event of any disputes or disagreements related to the performance of this Agreement, the User and the Administration will make every effort to resolve them through negotiations.
6.3. The User has the right to send any claims to the Administration using the contact details provided in the Service. The Parties will strive to resolve all disputes and disagreements through negotiations.
6.4. If the disputes are not resolved through negotiations, they shall be subject to consideration in court in accordance with the current legislation, with the pre-trial dispute resolution procedure being observed.
LLC "KONSTANTA TORG"
Legal address: 121552, Moscow, Orshanskaya Street, 5, room 137
TIN: 9719012227
OGRN: 1217700056848
Phone: 8 (800) 505-09-09
Email: info@by-merch.ru
