Date of publication: June 18, 2024
Effective date: June 18, 2024
Content:
1. Terminology
2. General provisions
3. Purpose of the Service, general conditions for placing an Order and concluding contracts on the Service
4. Placing an Order. Conclusion of contracts on the Service
5. Ordering Goods with delivery by Media Bot partners on the Service, including Goods sold by a Media bot
5.1. Features of sales of goods from the category of clothing, shoes and accessories
5.2. Sale of discounted Goods and used Goods
6. Order Payment
7. Cancellation of the order. Return and rejection of the Product by the User/Digital Content Product
8. Information support for consideration of User claims
9. Services for organizing the delivery of Goods
10. Other conditions
1. Terminology
The My Media Library Service Project (hereinafter referred to as the "Media Bot") is a project that provides an Internet user (hereinafter referred to as the User) with the ability to use their services to store, search, and exchange purchase/sale information.
The Marketplace of the My Media Library Bot Project (hereinafter referred to as the "Service") — all websites (including, but not limited to, those hosted on the Internet at: https://mymedialib.space ), application programs (including programs for mobile devices) and Telegram bots (connected to the Media Bot Database, including https://t.me/MyMediaLib_Bot ) The Contractor or its affiliates providing access to the Media Bot database, including The Media Library mobile application. The database is an information and reference system containing information about goods, products of digital content, intended for potential buyers (consumers) of goods, products of digital content.
The User is an individual using the Service under the terms of this document "Rules for using the My Media Library service", published at the link: https://mymedialib.space/ru/terms-of-use-of-the-service (hereinafter referred to as the Rules).
Product(s) — goods (objects of the material world), including shoes, clothing, accessories, which are the subject of a purchase and sale agreement concluded between the User and the Seller. The Seller is the owner of the sold Product(s). All relationships related to the purchase and sale of Goods, the delivery services of which are purchased by the User on the Service, arise directly between the Seller and the User. The Media bot is not a seller of the Product and is a person authorized by the Seller to accept and satisfy User requirements for Goods of inadequate quality.
Discounted product (hereinafter referred to as Markdown) is a new product, the cost of which is reduced by the seller due to the presence, damage to the product in the form of chips, scratches, scuffs, etc., or used goods (showcase samples in good condition or goods with minor defects that do not affect functionality, etc.), as well as products that have missing and/or damaged packaging or incomplete packaging.
Used goods (hereinafter referred to as used Goods) are goods sold not by new ones, but by previously used previous owners
Re—sale - Goods from the category of clothing, shoes and accessories sold not by new, but by previously used previous owners.
Order pick—up points (Branded) are stationary places branded with Media bot information materials and issuing Orders to Customers who have indicated the address of the corresponding Order Pick-up Point as the place of delivery.
Health products — medicines, dietary supplements, medical products, cosmetics, dietary and therapeutic nutrition, as well as other goods authorized for sale in pharmacy organizations and which the User can purchase in stationary pharmacies of the Seller. The seller is the owner of the Health Products sold. All relationships related to the purchase and sale of Health Products arise directly between the Seller and the User. The Media bot is not a seller of Health Products and is a person authorized by the Seller to accept and satisfy User requirements for Health Products of inadequate quality.
Digital content products — information and products provided in digital (electronic) form and consumed using digital (electronic) devices. Digital content products include computer programs, intellectual property results, activation codes, electronic certificates, digitized objects of the material world and other digital products available for Order on the Service provided by the Seller/A Media bot in digital (electronic) form in the User's personal account on the Service and/or to the User's email address specified when placing an Order, and/or in a chat with a Media bot, the use of which grants the User or the final recipient of the Order the right to use a subscription, computer program, as a result of intellectual activity, to gain access to a service or a Product of digital content, on the terms provided by the Seller/persons specified by him.
Media materials - data or content that is presented in different forms: text, sound, image, animated computer graphics, video series, etc., available in the Service both without payment and with access payment or through a paid Subscription to the Author/The copyright holder. Materials can be provided either individually or as a group, or as a series of consecutive materials.
Health information materials — information (media materials) about medicines, dietary supplements, medical products, cosmetics, dietary and therapeutic nutrition, as well as other information of traditional/evidence-based/scientific medicine, also "alternative". The author (Seller) is the copyright holder of this information. All relationships related to the purchase and sale and/or publication and consumption of Media Materials, including Health Information Materials, arise directly between the Author/The Copyright Holder and the User. The Media Bot is not a seller/author of Media Materials, including Health Information Materials, and a person authorized to accept and satisfy User requirements regarding Media Materials, including Health Information Materials. The media bot does not guarantee the reliability, scientific, evidence-based safety and effectiveness of these materials, and does not recommend using them in practice if the User is not sure himself of the reliability, scientific, evidence-based, safety and effectiveness of the methods recommended in these materials, methods of treatment and prevention of diseases, methods of maintaining healthy lifestyle, and also recommends rechecking the information received information in medical/scientific sources on the evidence of their safety and effectiveness.
The seller is an individual entrepreneur, self—employed or a legal entity engaged in the following activities:
· for the sale of goods to consumers using a remote method and offering the User to conclude a contract for the purchase and sale of Goods (Goods), the order of services for the organization of delivery of which is carried out by the User on the Service;
· for the provision of services in the form of providing Users with Digital Content Products or access to them / for granting Users the right to access Digital Content Products and offering Users to conclude a service agreement / license agreement / other agreement determined by the Seller/ the person specified by him, the order of which (Digital Content Products) is carried out by the User on the Service;
· for the retail purchase and sale of health products in stationary pharmacies and having a pharmaceutical license to carry out the relevant activities.
· on the publication-consumption/retail sale of Health Information, the evidence of safety and effectiveness of which lies with the Author/The seller/The copyright holder.
Attorney — means a third party to whom the User is entitled under the terms of the contract of assignment published at: https://mymedialib.space/terms-of-use-of-the-media-bot-pay-service , instruct to conclude with the Seller on behalf of and for the User's account is a contract for the purchase and sale of Goods and (or) a service agreement/license agreement/other agreement (with respect to Media materials and/or digital content Products) and pay for it. The User's right provided for in this paragraph arises only if the User has access to the relevant functionality of the Service upon conclusion of the specified contract of assignment.
The Copyright Holder is a person who has exclusive rights to Media Material, a Digital Content Product and/or administers a service to which the User subscribes/accesses by using a Digital Content Product.
Shipment is a Product or a set of Goods formed and prepared on the basis of an Order for transfer to the User.
Services — services for organizing the delivery of Goods, providing access to Media materials, digital content Products purchased by the User from Sellers on the Service, provided to the User by a Media Bot or Seller, or other services provided by the Seller under a Service Agreement. The relevant information about the person providing the Services is brought to the User's attention when placing an Order on the Service and in the confirmation of placing an Order on the Service.
Order — the User performs actions aimed at concluding a Contract for the provision of services for the organization of delivery of Goods, as well as a contract for the purchase and sale of the corresponding Goods by the Seller, by placing an order for these Services and Goods directly on the Service, as well as pre-booking Health Products (medicines) on the Service for their subsequent purchase at the pharmacy / store of the Seller who has the appropriate license for the retail sale of such goods, as well as the implementation of actions to conclude a service agreement / license agreement / other agreement on the Service, determined by the Seller (a third party specified by him), in relation to Digital Content Products and Media Materials, including Health Information Materials.
The quick payment system is a payment method in which payment for an order is made in an online banking application connected to the quick payment system using a QR code.
Terms not defined in section 1 of the Rules may be used in the Rules. In this case, the interpretation of such a term is carried out in accordance with the text of the Rules. In the absence of an unambiguous interpretation of the term in the text of the Rules, one should be guided by the interpretation of the term defined: first of all by legislation, second of all on the Marketplace of the Media Bot, then by the established (commonly used) on the Internet.
2. General provisions
2.1. By using the Service offered by the Media Bot, the User agrees to these Rules, as well as to the following documents governing the use of the Service:
· The user agreement of the Media Bot services (https://mymedialib.space/user-agreement ),
· Privacy Policy (https://mymedialib.space/privacy-policy ).
· Terms of use of the Media Bot Pay service https://mymedialib.space/terms-of-use-of-the-media-bot-pay-service
The Service provides the User with a free opportunity to search for information about Goods, Health Products, digital content products, Media materials, including Health Information materials, familiarization with Sellers' product offers, the ability to obtain (including by search results) product offers and information relevant to the User's interests, as well as other functionality that is clearly available To the User, including those specified in section 3 of these Rules.
2.2. When the User uses the Service, personal information is processed on the terms and for the purposes defined in the Privacy Policy.
2.3. Rules for rating, writing reviews, applying graphic images, compiling collections and/or reviews of Goods, Health Products, Digital content Products, Media Materials, including Health Information Materials:
· leave reviews of Products, Health Products and Digital content Products, Media materials, including Health Information Materials posted on the Service, as well as comments on published User reviews, rate Products, Health Products, Digital Content Products and Media materials, including Information Materials about health when using the Service, any Media Bot User authorized in accordance with the procedure established by the User Agreement of the Media Bot services can;
· only a registered User authorized on the Service using his account and only in relation to Goods purchased by the User can rate Goods, Health Products, Digital Content Products and Media Materials, including Health Information Materials, when using the Service/Services/Digital Content Products/Media Materials, including Health Information Materials;
· reviews, including with the application of graphic images of Goods, Health products, digital content products, Health Information material, comments and ratings left by Users, as well as collections and/or reviews of Goods, Health Products, Digital content Products and Media materials, including Information materials about health can be published, including on the websites of third—party users of the Media Bot Content API service, i.e. they will become available for other Users to familiarize themselves with; only one review (one rating) can be published from one User for each Author/store or Product, Media material, digital content Product, except in the case when the review was given the status "problem solved";
· if, when leaving a review, the User selected the option "publish a review on my behalf", then the User agrees that along with the User's review, his name will be published, which he specified during registration or in the settings of his data in the appropriate section of the Service. At the same time, if a User's profile on a social network is linked to his account on the Service, an image from his profile page (avatar) and links to User profiles on social networks will be published along with the User's feedback. If the User does not have an account on the Service, and at the same time he is logged in to the Media Bot services, including using his account on a social network, then along with the User's feedback, his image from his profile page (avatar), as well as his first name (last name and first name, login, pseudonym) specified in such a profile or on a social network using which account he is logged in to the Media Bot services, and a link to his profile on the social network, if applicable. The User agrees that access to the data published by him is provided by the User to an unlimited number of persons when using the Service on the terms of Privacy Policy.
2.4. The User agrees that the messages and materials posted on the Service can be used by the Media Bot, including in other services and applications of the Media Bot, in advertising or marketing materials posted on the Media Bot's resources on the Internet, as well as on other resources and sites on the Internet, for attracting the attention of other users to the Service as a whole or to other applications and services of the Media Bot, Goods, Health products, works, digital content products, Media materials, including Health Information materials and third-party services, both with the indication of the author of the message or material (the name of the author will be indicated by the name (login, alias) of the User, which he indicated during registration or in the settings of his data in the appropriate section of the Service, and without this, without the obligation to provide reports on the use of such messages and materials, without the need for special permission The User and without payment of royalties, on the territory of the whole world without time limit, with the right of the Media Bot to grant the specified rights to use such messages and materials to third parties. At the same time, the User acknowledges and agrees that the Media Bot is not obliged to view such messages and materials, and their use in the specified ways for the specified purposes can be carried out automatically through software tools. If the User does not have the right to grant the Media Bot the right to use any message or material in this way, he is obliged to refrain from posting such a message or material.
2.4.1. The User agrees that the messages and materials posted on the Service can be used/processed by the Media Bot services using artificial intelligence technologies. Recycled messages and materials can be used under the same conditions as the original messages and User materials.
If there is an appropriate technical capability on the Service, the User can be provided with information created or generated using artificial intelligence technologies. The specified information is created or generated using artificial intelligence and may contain errors and inaccuracies. The media bot is not responsible for the accuracy, relevance, correctness of such information, and also does not guarantee the smooth operation of the functionality of artificial intelligence technologies.
2.5. The User agrees that the reviews, graphics, comments and ratings left by him can be published and used by the Media Bot within the framework of the Service and other services of the Media Bot, on third-party websites, as well as provided by the Media Bot for publication and use by third-party users of the Media Content API servicebot", without additional User consent. At the same time, reviews and images attached to it, comments are published and used "as is" while preserving the author's grammar and punctuation, under the name (login, pseudonym) The user that he specified during registration or in the settings of his data in the corresponding section of the Service. The user is responsible for the accuracy of the information contained in the reviews left by him.
2.6. The Media bot has the right to select reviews for publication independently and without notifying Users, including:
· do not publish reviews and graphic images, comments, the content of which does not relate to the subject of the store, shopping in it;
· do not publish reviews and graphic images, comments, the content of which does not relate to the actual experience of using this Product, Health Product, digital content Product, Media Material;
· do not publish reviews and graphic images, comments that do not contain useful information for other users;
· do not publish reviews, comments that contain profanity, offensive statements;
· do not publish collections and/or reviews of Goods, Health Products, Digital Content Products, Media Materials, including Health Information Materials, graphic images, comments that contain: (a) links to other websites in the text of the collection and/or review, as well as mentioning specific sellers and/or importers of Goods, Health Products, Digital content products, Media materials, including Health Information Materials; (b) statements discrediting the honor, dignity and/or business reputation of third parties (including shops, manufacturers and/or importers of Goods, Health Products, digital content Products, Media materials, including Health Information Materials); (c) materials (including in the form of text, video, graphics, code) that violate the rights of third parties, including the rights to the results of intellectual activity and means of individualization, violating the User Agreement of the Media Bot services;
· do not post reviews, comments containing links to other websites;
· delete the published review, graphic images, selection and/or review of Goods, Health Products, Digital content Products, Media materials, including Health Information Materials at any time;
· independently determine the period during which reviews are considered relevant and for which they are published within the framework of the Service;
· The Media Bot assumes no obligation to inform the User about the reasons for rejecting the publication and/or deleting previously published reviews, graphics, comments, ratings, collections and/or reviews of Goods, Health Products, digital content Products, Media materials, including Health Information Materials.
2.7. The Media bot has the right to sort reviews independently and without notifying Users, post them in any sections of the Service at its sole discretion, divide reviews into various categories, including dividing reviews into "recommended" and "not recommended".
2.8. If the product offer on the Service is shown with a discount, then the amount of such discount is determined automatically based on the information provided by the seller (store) about the new and old price by subtracting the new price from the old one, determining the discount amount as a percentage of the old price and rounding the final discount value to the whole numbers according to general mathematical rules.
2.9. On the Service, the User can save goods, digital content products, media materials, including Health Information Materials to lists and write text notes to them. Copying a product, a product of digital content, media material, including health information materials to a list called "Wish List" automatically publishes this product, a product of digital content, media material, including health information material and comments on it. The User agrees that by moving the product, digital content product, media material, including health information material to the "Wish List", he makes it available to all other Users.
2.10. The User agrees to receive a newsletter from the Service about receiving responses from stores to their reviews and User responses to a question asked by the User about Goods, Digital Content Products, Media Materials, including Health Information Materials.
2.11. By using the Service, the User gives his consent to receive advertising messages. The User has the right to refuse to receive advertising messages by disabling the corresponding functionality in the Service settings.
2.12. In cases where the seller places a special chat function on the Service page, the User has the opportunity to interact with the seller on issues of the seller's product offers through this chat.
By using the chat function with the seller, the User is considered aware and agrees that in order to implement quality control, as well as in compliance with legal requirements, the Media bot has the right to store the history of interaction between Users and sellers in the chat, as well as access to such history for the specified purposes and/or at the request of participants interactions.
In case of claims related to the use/inability to use the chat, as well as incorrect behavior or possible violation by the seller of the law and/or the rights of third parties, the User can send an appeal to the Service via the feedback form in the bot.
2.13. A database is available to Users on the Service, which is an information and reference system containing information about Goods/Health products/Services/Digital content products, Media Materials, including Health Information Materials intended for potential buyers/consumers of Goods/Health products/Digital content Products, Media Materials, including Health Information Materials. Product Information/Health products/Digital content Products, Media Materials, including Health Information Materials presented on the Service, are based on information provided by sellers.
2.14. The Media Bot may change the text of these Rules and documents governing the use of the Service and specified in these Rules at any time without notifying the User. Such changes take effect from the moment of publication. Current (current at the moment) the text of these Rules is posted at: https://mymedialib.space/terms-of-use-of-the-my-media-library-service .
2.15. The Media bot has the right to restrict or block access to the use of the Service in case the User detects the use of several accounts. If the Seller or the Media Bot reveals that the User has made orders in order to obtain commercial benefits, for the purpose of resale, to identify acts of buying or reselling a large number of Goods by the User/Digital Content Products/Media Materials, including Health Information Materials, the Media Bot reserves the right to restrict or completely block access to the use of the Service to such a Buyer.
2.16. The User is responsible for the safety and confidentiality of the registration data (login and password). All actions performed on the Service using the User's username and password are considered performed by the User.
3. Purpose of the Service, general conditions for placing an Order and concluding contracts on the Service
3.1. The Service is intended for ordering by the User services for the delivery of Goods offered by Sellers on the Service, payment and purchase of digital content Products and/or Media Materials, including Health Information Materials, as well as pre-booking of Goods/Health products/Services on the Service for their subsequent purchase in a stationary pharmacy / stationary store / Seller's salon or at home. At the same time, the conclusion by the User with Sellers of contracts for the purchase and sale of Goods, the services for organizing the delivery of which the User orders, is carried out directly on the Service.
3.2. By ordering services for the organization of delivery of Goods on the Service, the User concludes:
3.2.1. contract for the provision of Services for the organization of delivery of Goods with a Media Bot or with Sellers of Goods. The relevant information about the person providing Delivery Services is brought to the attention of the User when placing an Order on the Service and in the confirmation of placing an Order on the Service,
3.2.2. as well as contracts for the purchase and sale of relevant Goods with Sellers.
Within the framework of the contract for the purchase and sale of Goods concluded on the Service, the User enters into a direct contractual relationship with the Seller from whom he purchases the Goods.
Within the framework of a contract concluded on the Service for the provision of services for the organization of delivery of Goods, the User enters into direct contractual relations with a Media Bot or with Sellers of Goods from whom he purchases Goods.
3.3. By ordering Digital Content Products and/or Media Materials, including Health Information Materials, on the Service and paying for them, the User enters into a contract on the terms of a public offer with the Seller, information about which is communicated to the User when placing an Order on the Service and in the confirmation of placing an Order on The service.
By ordering Digital Content Products on the Service and paying for them, the User enters into a license agreement / service agreement / other agreement with the Copyright Holder/By the Seller (a third party specified by the Seller) in relation to the Digital Content Product, the Order for which was placed and paid for on the Service. Information about the concluded contract is communicated to the User when placing an Order on the Service in the description of the digital content Product published on the Service, provided by the Seller, in the form of a text description or a link to documents published on the Internet. Information about the Copyright Holder/The Seller is notified to the User when placing an Order on the Service and in the confirmation of placing an Order on the Service.
3.4. Prior to placing an Order on the Service, the User undertakes to familiarize himself with all the terms of Service provided by the Media Bot and/or Sellers, as well as the purchase of Goods, Health Products, information about the Seller on the Service. At the same time, obvious errors, including typos, made in the description of the Product or in the description of the Service, are not legally binding.
Placing an Order on the Service means that the User agrees with all the essential conditions for the provision of the Media Bot or the Seller/Sellers of services for the organization of delivery of Goods and/ or essential conditions for the sale of Goods by the Seller.
3.5. Prior to placing an Order on the Service, the User undertakes to familiarize himself with all the terms of purchase of digital Content Products, Media Materials, including Health Information Materials, license agreement/other agreement of the Copyright Holder/The Seller (a third party specified by him), the terms of service provided by the Copyright Holder/By the Seller (a third party specified by him), information about the Seller. If the User is not the final recipient of the Order, the User undertakes to ensure familiarization and agreement with the specified conditions and information of the final recipient of the Order (Digital Content Product). At the same time, obvious errors, including typos, made in the description of the digital content Product, are not legally binding.
Placing an Order on the Service means the consent of the User and the final recipient of the Order (Digital Content Product, Media Material, including Health Information Material) with all the essential conditions for the purchase of a digital Content Product/Media Material, including Information Material about health and a license agreement/service agreement/other agreement of the Copyright Holder/The seller (the third party specified by him).
3.5.1. Prior to placing an Order on the Service, the User undertakes to familiarize himself with all the terms of purchase of Goods and categories of clothing, shoes and accessories, including the terms of payment, delivery, fitting and return of such Goods, as well as information about the Seller.
Placing an Order on the Service means the consent of the User and the final recipient of the Order (items of clothing, shoes, accessories) with all the essential conditions for the purchase of clothing, shoes, accessories.
3.6. The essential terms of the contract of sale of Goods concluded by the User with the Seller are indicated in the description of the Goods published on the Service provided by the Seller in the Order form on the Service.
3.7. The essential terms of the contract concluded by the User with the Media Bot for the provision of services for the organization of delivery of Goods are indicated in the order form on the Service and in these Rules.
3.7.1. The essential terms of the contract concluded by the User with the Seller for the provision of services for the organization of delivery of Goods are indicated in the order form on the Service.
3.8. The essential terms of the agreement concluded by the User and the Seller in relation to the Digital Content Product/ Media Material, including Health Information Material, are indicated in the description of the digital Content Product published on the Service/Media Material, including Health Information Material provided by the Seller in the Order form on the Service.
The essential conditions of the Order concluded by the User/end recipient (Digital Content Product, Media Material, including Health Information Material) and the Copyright Holder/The Seller (a third party specified by the Seller) of the license agreement/service agreement/other agreement is indicated in the description of the Product of digital content, Media Material, including Information Material about health, provided by the Seller in the form of an Order on the Service, in the form of a text description or a link to documents published on the Internet.
3.9. By making an Order, the User agrees that the Seller can entrust the execution of the contract of sale of Goods to a third party, while remaining responsible for its execution to the User, and also agrees that the Media bot or the Seller can entrust the execution of the contract for delivery services Goods to a third party, while remaining responsible for its execution to the User.
3.10. As part of the Order, the Media Bot provides the User with information support for the purchase and sale of Goods concluded by the User with the Seller. All rights and obligations under the contract of sale of Goods concluded with the User arise directly from the Seller.
3.11. As part of Ordering Digital Content Products/ Media Materials, including Health Information Materials, the Media Bot provides the User with information support for the contract concluded by the User with the Seller regarding Digital Content Products/Media Materials, including Health Information Materials.
All rights and obligations under contracts concluded with the User/final recipient of the Order arise directly from the Seller (the third party specified by him) and/or the Copyright Holder.
· 3.12. The User gives the Media Bot consent to the processing of the User's personal information, as this term is defined in the Privacy Policy (https://mymedialib.space/privacy-policy ), a Media Bot for the purpose of providing the functionality of the Service, for the transfer of the User's personal information by the Media Bot to the partners of the Media Bot, placing product offers on the Service, and their authorized representatives for further processing of such information in order to provide the User with the functionality of the Service for searching and familiarizing with product offers, sending such partners requests for the purchase of relevant goods, digital content products, as well as for the Media Bot to receive the User's personal information from third parties, including the specified Media Bot partners, persons affiliated with the Media Bot (in terms of depersonalized information), in order to provide the User with the functionality of the Service to receive (including according to the search results) product offers and information relevant to the User's interests. The User also gives the Media Bot consent to transfer the User's personal information by the Media Bot to persons affiliated with the Media Bot for the purpose of providing the User with personalized services of these persons and targeting advertising materials.
The User confirms his consent that the personal information that the User provides to the Media Bot when using the Service, including when placing an Order, paying for Goods/Services/Digital Content Products/Media Materials, including Health Information Materials, can be transferred by a Media Bot when applying for a refund of Goods and funds paid for Goods and Services on the Service:
· To the Seller with whom the User enters into a contract for the purchase and sale of Goods (pre-books Health Products) and/or a contract for the provision of services, including services for the organization of delivery of Goods, for the purposes of the Seller's fulfillment of these contracts with the User;
· To the Seller with whom the User enters into an agreement regarding Digital Content Products/Media Materials, including Health Information Materials;
· attracted by a Media Bot for the purpose of fulfilling a contract to the User for the provision of services for the organization of delivery of Goods to a third party;
· as well as to the Store, the Collector and the Deliverer in case the User places an Order for Goods with delivery by Media Bot partners;
· credit institutions involved in conducting transactions performed by the User using payment cards when paying for Goods, Digital content Products, Media Materials, including Health Information Materials on the Service, in order to confirm the implementation of such transactions at the request of the credit institution.
· To an Attorney under an assignment agreement concluded by the User with an Attorney in accordance with clause 4.7. of these Rules, for the purpose of executing such an assignment agreement;
The User is notified and agrees that the Media Bot processes his personal information (in particular, phone number, age, gender, amount spent on purchases, reliability assessment and (or) its derivatives) in order to verify the User's reliability.
The User confirms his consent that the personal information that the User provides to the Media Bot when placing an Order and paying for Goods and Services, when making an application on the Service for the return of Goods and funds paid for Goods and Services, can be transferred by the Seller of Goods to a third party engaged by the Seller for the purpose of fulfilling the contract to the User for the provision of services for the organization of delivery of Goods.
The User confirms his agreement that the personal information that the User provides to the Media Bot when placing an Order and paying for digital Content Products/Media Materials, including Health Information Materials, may be transferred by the Seller to the Copyright Holder or specified by the Seller in the description of the digital content Product/Media Material, including Health Information Material (including in documents referenced by the relevant description) to a third party.
The User also confirms his consent to receive the User's personal information by the Media Bot from third parties, including the above-mentioned persons, partners of the Media Bot, persons affiliated with the Media Bot (in terms of depersonalized information), in order to provide the User with the functionality of the Service to obtain (including search results) relevant the interests of the User of product offers and information.
The media bot transmits to the specified persons and/or receives from the specified persons only the User's personal information that is necessary for the specified purposes. The processing of the User's personal information by the Media Bot, as well as other information uploaded and provided by the User through the Service, is carried out under the terms of these Rules and the Privacy Policy (https://telegra.ph/Politika-konfidencialnosti-RF-06-02). The above provisions regarding the processing of the User's personal and other information by the Media Bot apply to materials and information received by the User during the use of the Service and its functions.
3.12.1. The User is hereby notified, understands and agrees that when using the Service for the purpose of providing the User with the functionality of the Service, the following impersonal information is automatically transmitted to the Media Bot: the type of operating system of the User's device, browser version and identifier, statistics on the use of Service functions, as well as other technical information.
3.12.2. When the User uses the Service, the User's personal information, as well as information that was provided by the User to the Media Bot partners, including as part of the User's telephone conversations with the Media Bot partners, including but not limited to the User's personal data and other confidential information about the User, may to be used by a Media Bot on the terms and for the purposes defined in the Privacy Policy (https://mymedialib.space/privacy-policy ).
3.12.3. The User agrees that the Media Bot has the right to store the above-mentioned personal information of the User, as well as the personal information of the recipient of the Order specified by the User during the period of use of the Service by the User and at least three years from the date of the last use of the Service by the User.
3.12.4. The User guarantees that he has the right to provide the consent specified in this paragraph with respect to (for) third parties (recipients of the Order) and is responsible for violation of this guarantee, which caused losses to the Media Bot, in the amount of such losses and legal costs of the Media Bot, or expenses of the Media Bot for the settlement of claims of third parties, when such claims are related to a violation by the User of the warranty specified in this paragraph.
3.12.5. The User is hereby notified, understands and agrees that the mobile application of the Media Library may collect and transfer to third parties – To the partners of the Media Bot, depersonalized data on the exact location and movement parameters of the mobile device on which the Media Bot mobile application is installed, received from the GPS module/device, or on the approximate location of such a mobile device, determined by the active cell of the telecom operator whose SIM card is currently used in such a mobile device, to personalize the functions provided by the Service, including in terms of receiving Orders by the User at order pick-up points, and also for displaying personalized advertising offers in the Media bot mobile application.
3.12.6. The User confirms his consent that the personal information that the User provides to the Media Bot when using the Service, including when placing an Order, paying for Goods/Services/Digital Content Products/Media materials, when making an application on the Service for the return of Goods and funds paid for Goods and Services, can be transferred by a Media Bot:
· To the Seller with whom the User enters into a contract for the purchase and sale of Goods (pre-books Health Products, alcoholic beverages) and/or a contract for the provision of services for the organization of delivery of Goods, and/or a contract for the provision of services for the installation of equipment for the purposes of the Seller's fulfillment of these contracts with the User;
· To the Seller with whom the User enters into an agreement regarding Digital Content Products/Media materials;
· to a third party attracted by a Media Bot for the purpose of fulfilling a contract for the provision of services for the organization of delivery of Goods to the User;
· To the Store, the Collector and the Deliverer in case the User places an Order for Goods with delivery by Media Bot partners;
· to credit institutions involved in conducting transactions performed by the User using payment cards when paying for Goods, Digital content Products on the Service, in order to confirm the implementation of such transactions at the request of the credit institution.
· To an Attorney under an assignment agreement concluded by the User with an Attorney in accordance with clause 4.7. of these Rules, for the purposes of executing such an assignment agreement.
3.12.7. The User confirms his agreement that when placing an Order and paying for Goods from abroad, the Media Bot may cross-border transfer to the Seller of personal information that the User provides to the Media Bot for the purposes of fulfilling the Seller's contract with the User.
3.13. By placing an order on the Service, the User agrees to receive (i) emails/push notifications that the Media Bot can send to the User: after placing the Order; in case of its change; before the date of delivery of the goods, in case of cancellation of the Order by the store, otherwise affecting the execution of the Order or timely notification of its status, (ii) messages (SMS) to the phone number specified by the User, as well as (iii) a call to the phone number specified by the User, with an offer to evaluate the quality of the Service and the Seller and/or inform the User about the reasons for changing the Order/delivery date.
3.14. By making an Order, the User confirms that a) he has fully familiarized himself with the provisions of these Rules, b) in the case of purchasing digital Content Products/Media Materials, including Health Information Materials – has fully read and understands the terms of the license agreement/service agreement/other agreement concluded with the Seller (the third party indicated by him)/By the Copyright Holder, the text description of which or a link to which is indicated in the description of the digital content Product on the Service, c) in the case of ordering Goods with delivery by Media Bot partners – I have fully read and understand the terms of the User Agreement of the Media Bot service, as well as the terms of contracts concluded with the Store, Collector and Deliverer, d) in the case of ordering Goods with delivery by Media Bot partners, including Goods sold by the Media Bot – I have fully read and understand the terms of the User Agreement of the Media Bot service, e) fully understand these Rules, as well as the subject and conditions of the contract concluded with the Media Bot for the provision of services for the organization of delivery of Goods (in the case of the provision of services by the Media Bot for the organization of delivery of Goods), the contract for digital content Products/Media materials, including Health Information materials, as well as contracts for the purchase and delivery of Goods (in the case of the Seller providing services for the organization of delivery of Goods) with the Seller, e) fully understands the significance and consequences of his actions in relation to the conclusion and execution of contracts concluded on the Service.
3.15. The Media bot has the right to block the User from making an Order in case of repeated cancellation of Orders made by the User, as well as in case of violation of these Rules.
3.16. The User is obliged to provide reliable information about himself and the recipient of the Order when placing an Order on the Service. The indication by the User of unreliable, incorrect, non-existent phone numbers, e-mail addresses, full name of the User and/ or recipient of the order, as well as other unreliable information is equated by the Seller to the User's evasion from receiving the Order (Goods) and is the basis for canceling the Order in accordance with clause 7.1. of these Rules.
If the User specifies unreliable, incorrect, non-existent phone numbers, email addresses, full name of the User and/or recipient of the order, as well as other false information when purchasing digital Content Products/Media materials are not grounds for a refund for purchased Digital Content Products/Media materials.
3.17. The User undertakes not to inform third parties about the terms of activation of digital Content Products. Media Bot, the Seller is not responsible if the User/final recipient of the Order cannot use the Digital content Product due to its activation/use by third parties.
3.18. Product Availability Information/The digital content available on the Service is specified when placing an Order by the User and, due to the technical features of the Service, may change at the time of ordering.
3.19. In relation to a number of Services/Goods, including Health Products, a pre-booking functionality may be provided that allows the User to book a Service /Product, including Health Products, located in one of the stationary pharmacies (in relation to Health Products) or the Seller's stores for the purpose of purchasing it directly from the specified stationary pharmacy/ in the sales area of the corresponding store. At the same time, placing an order by the User using the specified functionality does not entail concluding a purchase and sale agreement with the Seller on the Service. The conclusion of a contract for the purchase and sale of Goods booked using the functionality specified in this paragraph of the Rules is carried out in a stationary pharmacy / store of a Seller who has an appropriate license for the retail sale of such goods, if the User, after familiarizing himself with the Goods in the specified stationary pharmacy / store, decides to purchase a Health Product or other goods/services, accordingly. In this case, payment for Health Products and other goods is carried out directly at the stationary pharmacy / store, if the User, after familiarizing himself with the Product at the specified stationary pharmacy / store, decides to purchase Health Goods or other goods/services, respectively. The provisions provided for in sections 4-8 of these Rules do not apply to cases where the User uses the functionality described in this paragraph of the Rules, and the provisions of this section apply to the extent that does not contradict the functionality described in this paragraph. The Media Bot is not responsible for the contracts concluded by the User with the Seller when the User purchases the corresponding Product/Services in a stationary pharmacy/store in connection with the User's use of the pre-booking functionality.
3.20. The Media bot has the right to conduct promotional events on the Service, which the User learns about through the relevant rules of the promotional event, and/or by visually changing the price of the corresponding Product on the Service.
3.21. The appearance of the Goods and/or packaging may be changed by the manufacturer and differ from those depicted on the Media bot, while the functionality and purpose of the Goods do not change.
4. Making An Order. Conclusion of contracts on the Service
4.1. If a Media bot provides services for the organization of delivery of Goods, within the framework of one Order, the User has the opportunity to conclude a contract for the organization of delivery of Goods from several Sellers by concluding purchase and sale agreements with them for the specified Goods.
4.2. If the Seller provides services for the organization of delivery of Goods, within the framework of one Order, the User enters into contracts for the organization of delivery with each Seller whose Goods he purchases under a purchase agreement.
4.3. In case of Ordering Digital Content Products on the Service/Media Materials, including Health Information Materials, sending digital content Product/Media Material, including Information Material about the health of the User / final recipient of the Order to the email address specified by the User when placing the Order, is carried out by the Seller or in a chat with a Media bot within 30 (thirty) minutes from the moment of successful payment for the Digital Content Product on the Service.
For technical reasons, the time limit for sending Digital Content Products can be extended to 24 hours from the moment of successful payment for Digital Content Products on the Service.
A digital Content Product, Media Material, including Health Information Materials, is considered to be provided to the User/final Recipient of the Order from the moment the Seller sends it/A Media Bot of a Digital Content Product/Media material, including Health Information Material to the email address specified when placing the Order, or in a chat with a Media bot.
4.3.1. Media Bot/Seller/The Copyright Holder is not responsible for the inability of the User to receive digital content/Media material, including Health Information Material, for reasons beyond the control of the Media Bot/The seller/The Copyright Holder, in particular, but not limited to the above, in connection with the User's indication of an unreliable/erroneous email address when placing an Order on the Service, with the User's email settings specified when placing an Order on the Service.
4.4. The User places an Order, specifying all the data necessary for the execution of contracts by the Media Bot and the Seller, including, but not limited to: User's personal information, delivery method, delivery address, full name of the recipient of the order, contact information, payment method. The Seller and/or the Seller's representative specified in this paragraph may be residents of a foreign state, in connection with which the User confirms his consent to the cross-border transfer of personal information for the purposes specified in this paragraph. To complete the customs clearance of an Order in accordance with customs legislation, the Media bot and/or the Seller may request from the User passport data (including information about the authority that issued the document and the date of issue), TIN (for buyers who are citizens of the Russian Federation, or any other tax identifier) and links to the product offer pages on the Media bot with a description of each item in the package.
4.5. The conclusion by the User of a contract for the provision of services for the organization of delivery of Goods, and a contract / agreements for the purchase and sale of Goods / Goods is carried out:
4.5.1. if the User chooses payment upon receipt of Goods as the payment method for the Order — at the moment the User clicks the "Place an order" button (another similar button) in the order form (provided that the confirmation of the Order is sent to the User);
4.5.2. if the User chooses non—cash payment as the payment method for the Order, at the moment the User clicks the "Pay" button (provided that the confirmation of the Order is sent to the User).
After clicking the "Pay" button, the User is given 30 minutes to make the payment, while the session time for payment is 20 minutes, after which the message "Payment failed. Try again" (another similar message). If the payment did not occur during the specified period of time for any reason, contracts with the Media Bot and the Seller/Sellers are not considered prisoners.
4.5.3. Media Bot and Seller/Sellers have the right to establish prepayment as the order of payment for Goods.
4.5.4. If there is an appropriate technical capability, the Media Bot has the right to provide the User with the opportunity to make payments using the Quick Payment System (SBP). At the same time, the User agrees that, based on the User's consent, the Media Bot and/or its partners have the right to debit the payment amount from the User's account using the SBP.
4.6. Conclusion by the User of an agreement regarding Digital Content Products, including a license agreement/service agreement/other agreement with the Copyright Holder/By the Seller (a third party specified by him), it is carried out at the moment the User clicks the "Pay" button (provided that the confirmation of the Order is sent to the User).
After clicking the "Pay" button, the User is given two hours to make the payment, while the session time for payment is 20 minutes, after which the message "Payment failed. Try again" (another similar message). If payment did not occur during the specified period of time for any reason, contracts with the Copyright Holder/The seller does not consider prisoners, but Digital content Products/Media materials are not provided.
4.7. If there is an appropriate technical capability, the Media Bot has the right to provide the User with access to functionality that allows payment for Goods and/or digital content Products/Media materials in parts by instructing a third party (Attorney) to conclude a contract for the purchase and sale of Goods with the Seller on behalf and at the expense of the User/Media material and (or) a service agreement / license agreement / other agreement (in relation to Digital Content Products) and pay for it. If such functionality is available to the User, the User enters into an assignment agreement with the Attorney on the terms set out in the document published at: https://mymedialib.space/terms-of-use-of-the-media-bot-pay-service . Relations regarding the execution of the order provided for in the specified order agreement arise exclusively between the User and the Attorney, the Media bot is not a party to the specified order agreement and does not bear any responsibility for obligations arising from such an agreement.
4.7.1. In case of availability on the Service specified in clause 4.7. for example, the User may be provided with approximate information about the schedule of reimbursement of the Attorney's costs by the User (the amount of one-time payments and the deadline for their payment) and the maximum amount of expenses that the Attorney may incur in order to fulfill the contracts concluded under the terms of the document https://mymedialib.space/terms-of-use-of-the-media-bot-pay-service order agreements (the amount available for payment in installments), as well as other information about payment for Goods, Services, Media material and/or Digital Content Product in installments.
4.7.2. The information specified in clause 4.7.1. is generated and provided by the Attorney, the Media Bot is not responsible for the reliability, accuracy, and relevance of the information provided by the Attorney. The provision of the specified information to the User is not an obligation or guarantee of the Attorney for the conclusion of contracts of assignment on the terms set out in the document published at: https://mymedialib.space/terms-of-use-of-the-media-bot-pay-service.
4.7.3. The User agrees that for the purpose of personalizing offers from the Attorney, including the amount available for payment in installments, his personal data (identifier in the service – User's UID, other technical identifiers) may be transferred to Payment Services. The processing of personal data is carried out in accordance with the terms of the Privacy Policy (https://mymedialib.space/privacy-policy ).
4.8. By making payment for goods subject to customs clearance at the customs authorities, the User confirms acceptance of the agreement of the offer of the customs representative published at the link https://sms.unitrade.su , https://tanais.express/pages/offerta , https://my.cargoflow.app/files/public_offer.pdf , https://www.gbs-broker.ru/docs/customs_repr_03032023.docx.
4.9. The User's performance of the actions specified in clause 4.5.1/clause 4.5.2/clause 4.6 of the Rules means the User's full and unconditional consent to the Terms and Conditions, as well as the terms concluded by him with the Media Bot and the Seller (a third party specified by him)/The copyright holder of the contracts.
4.10. At the time the User performs the actions specified in clause 4.5.1/clause 4.5.2/clause. 4.6 of the Rules (unless otherwise specified in the Rules), mutual obligations arise between the Media Bot and the User (within the framework of the contract for the provision of services for the organization of delivery of Goods, in the case of the provision of these services by the Media Bot), the Seller and the User (within the framework of the contract for the provision of services for the organization of delivery of Goods, in the case of the provision of these services services by the Seller), the Seller and the User (within the framework of the contract for the purchase and sale of Goods, including those related to the transfer, payment of Goods), the Seller and the User within the framework of the contract for digital Content Products/Media materials.
4.11. At the time the User performs the actions specified in clause 4.5.1/clause 4.5.2/clause 4.6 of the Rules, the User confirms that:
· information about Goods, Digital content Products, Media materials and Services has been brought to the User's attention in full;
· before signing a contract with a Media Bot/By the Seller for services in organizing the delivery of Goods, as well as before concluding a purchase and sale agreement with the Seller, the User got acquainted with all the information about Goods and Services, the mandatory communication of which to the consumer is provided for by the legislation on consumer protection;
· prior to concluding contracts for Digital Content Products, the User has familiarized himself with all information about Digital Content Products, as well as with the terms of the license agreement/service agreement/other agreement concluded with the Copyright Holder/The Seller (the third party indicated by him), and, if necessary, provided familiarization with them to the final recipient of the Order (if the recipient of the Order (Product of digital content) is a third party other than the User);
· the data provided by the User about himself and the recipient of the Order are reliable;
· before signing a contract with a Media Bot/By the Seller for services, including services for organizing the delivery of Goods, as well as before concluding a purchase and sale agreement with the Seller, the User is notified that upon receipt of Goods in the Media Bot Marketplace (if such a delivery method is available for a specific Product), it may be necessary to install the Media Bot application on the User's mobile device and/or other third-party application. The order of receipt of the Goods when choosing the named delivery method, as well as information about the need to install applications, are communicated to the User when placing an Order on the Service.
5. Ordering Goods with delivery by Media Bot partners on the Service, including Goods sold by the Media bot
5.1. For certain Product Offers, the User may be given the opportunity to place Orders for Goods delivered by Media Bot partners, including Goods sold by a Media bot.
5.2. By placing an Order on the Service for Goods delivered by Media Bot partners, including Goods sold by a Media bot, the User agrees to the terms of the User Agreement of the Media Bot service.
5.3. In relation to this section of the Rules, the terms are used in the following meaning:
A Store is a legal entity or an individual entrepreneur or self—employed, including a Media bot, that sells Goods to Users when they place an Order for Goods, the assembly of which is carried out by the Assembler or the Store independently.
Assembly is a service for assembling and paying for Goods ordered by the User on the Service for the User. The conclusion of an assembly and payment agreement with the User is carried out by the Assembler or the Store, if the Assembly is carried out by the Store. The collector/The Store has the right to involve third parties to deliver the Goods to the User.
Assembler is a person who assembles Goods on behalf of the User when placing an Order.
Order — an order for Goods, Assembly and Delivery made by the User on the Service, as a result of which the User enters into contracts specified in clause 5.5 of the Rules on the terms determined by the Store / Assembler / Deliverer and posted on the Service;
Product — goods that are the subject of a purchase and sale agreement concluded between the User and the Store as a result of the User placing an Order on the Service. All relationships related to the sale (purchase and sale), as a result of the User placing an Order on the Service, arise directly between the Store and the User;
Delivery is the service of delivering the Product, the Order of which the User placed on the Service, to the User. The conclusion of a delivery agreement with the User is carried out by the Deliverer;
The Deliverer is the person who delivers the Goods ordered by the User. Information about the Deliverers is available on the Service;
5.4. Placing Orders for Goods delivered by Media Bot partners on the Service, including Goods sold by the Media bot, is available only to an Authorized User.
5.5. By placing an Order for Goods delivered by Media Bot partners on the Service, including Goods sold by the Media bot, the User enters into a direct contractual relationship with the Store, the Collector and the Deliverer, namely:
5.5.1. The User instructs the Collector to collect and pay at the Store at the User's expense (conclude a retail purchase agreement) Products from an Order placed on the Service,
5.5.2. The User enters into a contract for the purchase and sale of Goods with the Store;
5.5.3. The User enters into a contract for the provision of Goods delivery services with the Deliverer.
The rights and obligations under these agreements arise directly between the User and the Store, the Collector, the Deliverer.
5.6. When ordering Goods with delivery by Media Bot partners on the Service, a retail purchase agreement is not concluded when goods are sold remotely.
5.7. A User who places an Order for Goods delivered by Media Bot partners on the Service, including Goods sold by a Media bot, is given the opportunity to pay for such Orders only by non-cash method on the Service when placing an Order (for example, by bank card or other method offered on the The Service).
5.8. The time of Product Assembly and Delivery indicated on the Service is approximate. Unless otherwise agreed by the User and the Collector and/or the Deliverer, the actual waiting by the User for the Order within 15 minutes from the time specified on the Service when Ordering does not constitute a violation of the deadline for the provision of services by the Collector and/or the Deliverer.
5.9. By placing an Order, the User agrees that the Collector and/or the Deliverer may entrust the execution of the Contract to a third party, while remaining responsible for its execution.
5.10. In all other respects, which is not explicitly stated in this section of the Rules and / or is not noted in the text of the Rules, when placing Orders for Goods delivered by Media Bot partners, including Goods sold by a Media bot, the User is guided by the User Agreement of the Media Bot service.
5.1. Features of the sale of goods from the category of clothing, shoes and accessories
5.1.1. An order with goods of the clothing, shoes and accessories category is allocated to a separate Order with a separate number. The total number of items in the Order for the clothing, shoes and accessories category may be limited by the Service, while the risk of accidental death or accidental damage to the Product passes to the User from the moment the Order is transferred to him, including for fitting.
5.1.2. The User has the right to try on items included in the delivered Order from the category of clothing, shoes and accessories. Fitting (in case of courier delivery, as well as at pick-up points) may be limited to 15 minutes.
5.1.3. The following categories of goods are not intended for sale remotely and require approval from the seller of their availability and quantity: underwear products (including thermal underwear, bodysuits, underwear and sports underwear) and others that have direct contact with human skin in the quality of the product of the first layer; swimwear and swimming trunks; hosiery products (including tights); pajamas and bathrobes.
5.2. Sale of discounted and used Goods
Discounted Product is a Product whose value is significantly reduced by the Seller due to the presence, damage to the Product in the form of chips, scratches, scuffs, traces of operation.
Used Goods — Goods sold not by new ones, but by previously used previous owners and/or goods after restoration repairs.
Re—sale - Products from the category of clothing, shoes and accessories sold not by new, but by previously used previous owners.
5.2.1. Sellers have the right to offer discounted and used Goods for sale with defects indicated in the description on the Service. The User has no right to make claims regarding such defects after receiving the Goods.
5.2.2. If a warranty period is established for the product and defects are found in the Product within the warranty period that were not specified by the Seller when selling the Product, the User has the right to make claims provided for by applicable law in relation to such Goods directly to the Seller.
5.2.3. The requirements regarding the defects of the Goods do not apply to Goods for which the warranty period has not been established. Such items are non-refundable and non-exchangeable.
6. Order Payment
6.1. To the User who places an Order for Goods/Digital Content Products/Media materials and Services on the Service, it is possible to choose a payment option using one of the methods provided by the Service:
6.1.1. Payment for Services and Goods upon receipt of Goods (for example, in cash or by bank card, if available);
6.1.2. Non-cash payment for Services and Goods directly on the Service when placing an Order (for example, by bank card, or in any other way offered on the Service if there is an appropriate technical possibility);
6.2. The User who places an Order for Digital Content Products on the Service/Media materials and Goods delivered by Media Bot partners, it is possible to pay for such Orders only in a non-cash way on the Service when placing an Order (for example, by bank card or other method offered on the Service).
6.2.1.In case of purchase of Goods from the category of clothing, shoes and accessories worth more than the limit set by the Service, the User is given the opportunity to pay for such Orders only in cashless form on the Service when placing an Order (for example, by bank card or other method offered on the Service).
6.3. In the cases provided for in clause 6.1.2, clause 6.2 Of the Rules, payment is made to the account of a Media Bot, which, in terms of accepting funds to pay for Goods, Assembly and delivery services (if the Seller / Deliverer provides services for organizing the delivery of Goods), digital content Products, Media materials, acts on behalf of the relevant Seller / Store / Collector / Deliverer with the involvement of an authorized representative a payment Acceptance operator or an electronic money operator and is the recipient of the payment as an agent of the Seller / Store / Collector / Deliverer.
The media bot is not a payment agent when making payments in accordance with clause 6.3 of the Rules.
6.4. In the case provided for in clause 6.1.1 of the Rules, the Media bot or a third party attracted by it, when transferring the delivered Goods/Goods to the User, accepts funds from the User for Services if the services for organizing the delivery of Goods are provided by the Media bot, as well as for the Goods/Goods transferred to the User to repay the User's obligation to the Seller under the contract of sale of Goods concluded between the User and the Seller, and is the recipient of the payment as the Seller's agent.
The acceptance of funds by the Media Bot in accordance with clause 6.4 of the Rules is carried out exclusively in connection with the delivery of Goods to the User as payment for Goods. In accordance with the law, the provisions of the above-mentioned law do not apply to settlements for delivered Goods within the framework of a purchase and sale agreement with the Seller.
6.5. In the case provided for in clause 6.1 of the Rules, the choice of the appropriate form of payment is made by the User in the Service interface. The media bot does not guarantee the availability of cashless payments at any time.
6.6. In cases provided for by current legislation, as well as when paying for an Order on the Internet, the cash receipt is sent to the e-mail address specified by the User when placing the Order, as well as in the personal account of the Media Bot.
6.7. If there is an appropriate technical capability, the Media Bot has the right to provide the User with access to functionality that allows payment for Goods and/or digital content Products/Media materials on credit and/or in installments issued by credit institutions that are partners of the Media Bot.
To use the specified functionality on the Service, the User may also be provided with the functionality of sending an application for loan selection and/or installments to credit institutions that are partners of the Media Bot in order to pay for Goods and/or digital content Products/Media materials (hereinafter referred to as the Application).
6.7.1. If the functionality specified in clause 2.7 is available, the Service may provide the User with approximate information about the term of the loan and/or installments, the amount of monthly payments and other information about the financial offers of credit institutions. The specified information is generated and provided by credit organizations, the Media bot is not responsible for the reliability, accuracy, and relevance of the information provided by credit organizations.
6.7.1.1. The specified information can be placed on the Service in a special block. By switching to such a block in the Service, the User agrees that for the purpose of personalizing financial offers from the Partner Bank, his personal data (identifier in the service - User's UID, other technical identifiers) may be transferred to the Partner Bank. The processing of personal data is carried out in accordance with the terms of the Privacy Policy (https://mymedialib.space/privacy-policy ).
6.7.2. The Application submission functionality provides the User with the opportunity to form and send an Application to credit institutions for the latter to form a loan or other financial proposal in order to compare them, as well as track the status of consideration of the Application by credit institutions on the Service and receive feedback on filling out and sending the Application.
As a result of sending the Application, the User is provided with a preliminary calculation of a loan or other financial offer generated by credit institutions.
Exact information about the terms of a loan agreement (loan) or other agreement/transaction concluded with a credit institution, including the terms of granting, using and repayment of a loan (loan), must be clarified with credit institutions. The information provided to the User within the framework of the functionality of the Service is for reference purposes, provided by credit institutions for the purpose of comparing financial offers from credit institutions.
6.7.3. The Media bot does not guarantee the approval of an Application by credit institutions sent using the functionality of the Service, and is not responsible for the processing of personal information transmitted by the User, as well as for the quality of services provided by them. The Media Bot does not provide, within the framework of the functionality of the Service, services for providing consultations to Users related to the conclusion of credit or other agreements/ transactions with credit institutions that are partners of the Media Bot, does not provide loans and/or installments and/or other financial services to Users.
6.7.4. Financial services are provided by credit institutions that are partners of the Media Bot, a loan or other agreement/transaction for the provision of financial services is concluded by the User with a credit institution. Relations regarding the execution of such an agreement/ transaction arise exclusively between the User and the credit institution, the Media bot is not a party to the specified agreement / transaction and does not bear any responsibility for obligations arising from agreements / transactions concluded by the credit institution with Users.
7. Cancellation of the order. Return and rejection of the Product by the User/A digital content product/Media material
7.1. Cancellation of the order by the Seller
The Seller can cancel the Order in the following cases:
· if the User has not paid for the Order (if the User chooses the payment method specified in clause 6.1.2, clause 6.2 of the Rules);
· if the Seller failed to contact the User/recipient of the Order using the contact information specified by the User in the Order;
· if the User is not satisfied with the delivery time (time interval);
· in other cases when the Seller cannot fulfill the Order due to the occurrence of force majeure;
· User's refusal of the Product in cases provided for by law;
· User's avoidance of receiving an Order (Product).
7.2. Cancellation Of The Order By the User
7.2.1. If an Order with Goods has not yet been delivered, the User may be given the opportunity to cancel it in the Service interface (the "Cancel order" button or another similar button) or through the support service.
7.3. User's refusal of the Product/Digital Content Products/Media material
7.3.1. Upon receipt of a Shipment with Goods from the category of clothing, shoes and accessories (in case of delivery by courier or to a branded order pick-up point), the User is given the opportunity to refuse both one or more Goods in the Shipment and the entire Shipment.
If the User has chosen the payment method for Goods provided for in clause 6.1.1., then payment for such Goods is made by the User immediately after fitting and returning all goods to the courier of the delivery service and / or an employee of the branded order pick-up point.
If the User has chosen the payment method for Goods provided for in clause 6.1.1., then payment for such Goods is made by the User immediately after fitting and returning all goods to the courier of the delivery service and / or an employee of the branded order pick-up point.
7.3.2. If the User refuses the Product upon receipt, if the refusal is not related to the improper quality of the Product, the Media bot/The Seller delivering the Goods has the right to withhold from the User the cost of the Services provided by him for the organization of delivery of such Goods, specified in the Order in the case specified in clause 6.1.2 of the Rules (or require the User to pay them to the current account of the Media Bot/The Seller in case the User chooses the payment method provided for in clause 6.1.1 of the Rules).
7.3.3. In case of refusal of the User from the Goods of inadequate quality upon receipt, the cost of Services for organizing the delivery of the Shipment with such Goods is not subject to payment by the User who has chosen the method of payment for the Order provided for in clause 6.1.1 of the Rules, or is reimbursed to the User by the Seller, if the User has chosen the method of payment for the Order provided for in clause 6.1.1 of the Rules. 6.1.2 of the Rules (if the Media bot provides services for organizing the delivery of Goods and the Goods were damaged during delivery, the Media bot returns to the User who refused the Goods upon receipt the amount paid by the User, which is the cost of Services for organizing the delivery of Goods).
7.3.4. The User is not given the opportunity to cancel the Order in relation to Digital Content Products/Media materials after successful payment on the Service and sending the purchased materials to him.
7.4. Return Of The Product By the User/Digital Content Products/Media material
7.4.1. The return of the Goods to the Seller is carried out by the User in cases and in accordance with the procedure provided for by law. The data of the Sellers of Goods is provided to the User in the ordering interface on the Service, and is also sent by e-mail along with the confirmation of the Order. After 7 (seven) calendar days for Goods of proper quality and within 14 (Fourteen) calendar days for Goods of improper quality from the date of receipt by the User of the Goods, and after 14 (Fourteen) calendar days, the User wishing to return the Goods applies with the specified requirement directly to the Seller.
7.4.2. From the date of receipt by the User of the Goods, the return of Goods of proper quality is carried out within 7 (seven) calendar days, and Goods of improper quality within 14 (fourteen) calendar days in the following order:
7.4.2.1. The User makes a request for the return of the Product directly in the interface of the corresponding Order on the Service.
7.4.2.2. The User in the interface of the corresponding Order forms a statement demanding a refund to the Seller, indicating the reasons for the return of the Goods.
7.4.2.3. The User sends the Goods via terminals or order pick-up points or by Mail by selecting the "Easy Return" service on the Service (the user receives a track number that already contains the Post Office of the Market or Seller, nothing else needs to be filled in)..
7.4.2.3.1. The User selects the "Return the product" option directly in the interface of the corresponding Order and follows the further instructions received in the Interface. After completing the procedure for forming an application for a refund, a letter is sent to the user, which indicates the address for sending the Goods, as well as the recommended method of return delivery based on a trusted list of delivery organizations.
7.4.2.3.2. In case of non-compliance by the User with the instructions received in the Interface, the Media Bot is not responsible for the loss/receipt of the return shipment by an improper person.
7.4.2.4. In case of return of the Goods of inadequate quality, the User can also send by e-mail a copy of the receipt for the services of the delivery service in case the Seller decides to compensate the User for the costs of return delivery (if the defects of the Goods did not arise through the fault of the Buyer).
7.4.2.5. If, in cases provided for by law, the User returns the Goods of proper quality within the period specified in clause 7.4.2 of the Rules, such a return is possible only if the presentation and consumer properties of the Goods are preserved, including in the absence of damage / opening of the original packaging of the Goods.
The return of technically complex household goods of proper quality within the period specified in clause 7.4.2. of the Rules is possible if its consumer properties and presentation are preserved, including in the absence of damage / opening of the original packaging of the Goods.
7.4.2.6. The refund of funds paid by the User for the Product is made by the Seller within 10 (ten) days from the date of receipt at the address indicated in the letter sent to the User in accordance with clause 7.4.2.3.1 of the Rules, the application for a refund, according to the account details specified by the User in the application. At the same time, if the User has chosen the payment method provided for in clause 6.1.2 of the Rules, a refund of the funds paid for the Goods can be made to the appropriate bank card from which the payment was made.
7.4.3. The User is not given the opportunity to return digital Content Products purchased on the Service/Media materials after successful payment on the Service.
8.1. The Media Bot provides information support for the consideration of the User's claims against the Seller submitted within 14 (fourteen) calendar days from the date of receipt of the Goods by the User (including as part of the return of the Goods by the User within the specified period in accordance with clause 7.4.2 of the Agreement).
8.1.1. The Media Bot provides information support for the consideration of User claims against the Seller submitted within 14 (fourteen) calendar days from the date of successful payment by the User for the Digital Content Product/Media material on the Service.
8.2. The Media bot provides the User with the opportunity to settle any claim against the Seller that arose within the framework of the Order, submitted within the period specified in clause 8.1, using the feedback form on the Service in the My Orders section. At the same time, the User agrees that the content of the claim and the information obtained during the consideration of the claim may be available to the Media Bot under the terms of the Privacy Policy (
https://mymedialib.space/privacy-policy ) and transferred to the Seller to resolve the claim.
8.3. The User is guaranteed a refund of the money paid for the Goods if the Goods previously paid for by the User are not delivered to the User. If the Order has not been delivered to the User, he is guaranteed a refund of the funds previously paid for the services of organizing the delivery of Goods.
8.3.1. In relation to Digital Content Products/The User is guaranteed a refund by the Media Bot of the money paid for Digital Content Products/Media material of funds in case they were not transferred to the User / final Recipient of the Order within the period specified in clause 4.3 of the Rules, and the impossibility of the specified transfer of digital Content Products/The media content is not related to the actions/inaction of the User/final Recipient of the Order.
8.4. If the decision made by the Seller on the Order of Goods, with the exception of Health Products, did not suit the User, he has the opportunity to involve the arbitrator of the Media Bot in the consideration of disagreements between the User and the Seller. In case of a claim filed within the framework specified in paragraph 8.1 The Rules of the time limit, as a result of the involvement of the arbitrator in the consideration of disagreements, the arbitrator will make a decision in favor of the User (taking into account the possible appeal against the arbitrator's decision by the User or the Seller), the Media bot guarantees the refund of the corresponding amount to the User by the Seller within:
· the amount paid by the User for the corresponding returned Product;
· the cost of organizing the delivery of the Order to the User, if the returned Product of inadequate quality is the only Product in the Order;
· reasonable costs for the return delivery of Goods of inadequate quality by the User (not exceeding 5000 rubles), provided that the User returns the goods to the Seller at the address indicated in the letter sent to the User in accordance with clause 7.4.2.3 and/or clause 7.4.2.3.1 of the Rules.
8.4.1. If the User has chosen to pay for Goods upon receipt of the Order, and the Seller provides services for the organization of delivery of Goods, the User is guaranteed compensation in the amount specified in clause 8.4 of the Rules.
8.5. The guarantees specified in clauses 8.4 and 8.4.1 of the Rules are provided by the Media Bot to the User in addition to the obligations of the Seller provided for in the purchase and sale agreement with the User and the legislation on consumer protection within the Media Bot Marketplace (in case the Seller fails to fulfill the obligation in accordance with the decision the arbitrator).
8.6. The acceptance by the Media Bot of the guarantees specified in clause 8.4 of the Rules does not imply that the Media Bot has the authority to meet customer requirements, including those related to improper Product quality. A media bot is not a person authorized by the Seller to accept and satisfy consumer demands for goods/services/work of inadequate quality. The Media bot does not have obligations to Users under contracts for the purchase and sale of Goods (except in the case when the Media bot is the seller of the relevant Product), with the exception of obligations to provide Services in the case of services for the organization of delivery of Goods.
8.7. Under no circumstances does the Media Bot reimburse the User for losses related to the sale of low-quality Goods by the Seller (except in cases when the Media bot is the Seller of the corresponding Product), as well as payment of penalties to the User for late fulfillment of obligations by the Seller. The relevant requirements must be submitted by the User directly to the Seller under the contract of sale of Goods concluded with the User in accordance with consumer protection legislation or other applicable legislation.
8.8. The consideration by the arbitrator of the Media Bot of disagreements between the User and the Seller does not deprive the parties of the possibility of resolving the dispute in other ways provided for by law.
8.9. In the event that the arbitrator of the Media Bot requires certain information and/or documents from the User to make a decision on a claim, the User must immediately provide the arbitrator with the information and documents requested by him for the purpose of making a decision on the claim (for example, a bill of lading, a bill of lading, acceptance certificate, inventory of attachments, expert opinion, etc.) Failure by the User to provide the requested documents to the arbitrator may become the basis for the arbitrator to make a decision on the claim in favor of the Seller.
8.10. User claims are accepted for consideration provided that they are made in writing and sent to the email address This email address is being protected from spambots. You need JavaScript enabled to view it. or via the Media Bot feedback form
9. Goods delivery services
9.1. The cost of Services for each Order is determined in accordance with the prices indicated when placing an Order on the Service. The delivery time is indicated on the Service when placing an Order. Media bot, Sellers have the right to change the prices indicated on this page unilaterally.
9.2. In the case of a Media Bot providing services for the organization of delivery of Goods, in order to avoid doubt, the User confirms that neither the Media Bot nor the third party (subcontractor) engaged by it to provide Services are sellers of Goods, unless otherwise explicitly stated in the Order.
9.3. The User is obliged to pay for the Services in accordance with the procedure provided for in the Rules (clause 6.1.1 or 6.1.2 of the Rules).
9.4. In case of complete loss/loss of the Goods delivered to the User in the Shipment, the person providing services for the organization of delivery of the Goods reimburses the User the amount of the advance payment made by the User for the Goods, as well as the amount previously paid for the Services.
9.5. Media bot, the Seller is not responsible for non-fulfillment or improper fulfillment of obligations under the provision of Services in any of the listed cases:
· if this was the result of the User's non-compliance with these Rules;
· in case of absence of the User (the recipient specified by him at the delivery address of the Order on the day of delivery of the Order or at another time agreed with the User (recipient);
· if the User (recipient) could not be contacted using the contact details provided during the Order process to discuss the details and delivery time of the Order;
· if this was the result of force majeure circumstances: natural disasters, suspension of communication routes, snow drifts and others;
· if the Shipment received in closed form is issued against receipt to the User (recipient) and there is no external damage to the packaging, seals/seals, making it possible to access the Goods from the outside;
· unless the User has performed other actions necessary to receive the Goods at the place of issue in accordance with the order and conditions of delivery specified on the Service for certain methods of delivery of the Goods.
9.6. If the appropriate functionality is available, when placing an Order on the Service, the User can order the lifting of large-sized goods to the floor. A large-sized product is considered to be a product weighing from 30 kg.
9.6.1. If a Media bot provides services for organizing the delivery of Goods to the User, then the cost of climbing to the floor is included in the delivery cost.
9.6.2. If the Seller provides services for organizing the delivery of Goods to the User, then the cost of lifting to the floor is charged separately in accordance with the tariffs indicated on the Service when the User places an Order.
9.7. The User has the right to refuse to lift the Goods to the floor. In this case, the delivery is carried out only to the entrance.
9.8. If the User, when placing an Order for a large-sized Product, provided false information about the conditions of lifting to the floor and/or lifting to the User's floor is impossible for reasons beyond the control of the person delivering the Goods, then the User pays for the rise to the floor directly to the person delivering the Goods, in accordance with the tariffs indicated on the Service when placing an Order. Otherwise, the ascent to the floor is not carried out.
10. Other conditions
10.1. The User confirms that he is legally capable and has reached the age required by law to make transactions provided for in these Rules.
10.2. If the Media Bot detects violations by the User of the Rules for Using the Media Bot service, published at the link: https://mymedialib.space/terms-of-use-of-the-my-media-library-service , and/or unfair actions of the User in as part of the Promotions conducted by the Media Bot, the Media Bot reserves the right to terminate the User's participation in the Promotion and/or cancel orders placed by the User on the Media Bot Marketplace. At the same time, the Media bot independently determines the ways and grounds for recognizing the User's actions as unfair and/or violating these Rules and has the right not to disclose this information to third parties.
10.3. Some functionality of the Service may differ or be unavailable to the User on the pages of the Service optimized for mobile devices or in the mobile application "Media Libraries".
10.4. The media bot is not responsible for:
10.4.1. Temporary failures and interruptions in the operation of the Service, and the loss of information caused by them, as well as the safety of information, the correctness and timeliness of its transmission and delivery.
10.4.2. Reliability, quality and speed of the Service and for the safety of the information created, used and received by the User.
10.4.3. The Media bot may change the text of these Rules at any time without notifying the User, such changes take effect from the moment of publication. Current (current at the moment) The text of these Rules is posted at: https://mymedialib.space/terms-of-use-of-the-my-media-library-service.
11. Details of the Media bot