This End User License Agreement is concluded between you, the User, the Advertiser and the
CPA network.
User is a person who through the activities of the CPA network is attracted by
promotion methods to
purchase/sell the offers for goods and/or services provided by an Advertiser, with the
intention to order or
acquire, or use the goods exclusively for personal, family, home and other needs not
related to the
implementation of entrepreneurial activities.
Advertiser is a person who wants to place an offer in a CPA network to sell a
particular product
and/or service.
CPA network (abbreviation from Cost Per Action, that means payment for the action) is
an electronic
business environment in the course of which a relationship is established between an
Advertiser and a CPA
network, by virtue of which an Advertiser offers the product and/or services, and a CPA
network, in turn,
attracts users interested in acquiring offers, allowed by the Advertiser methods. The end
result of such
activity is the purchase of the goods and/or services by users through the CPA network.
Parties are a User, an Advertiser, and a CPA network.
Website is an internet resource of the web store that has the domain name
c.nefroactive-new.com,
which is under organizational management and belongs to the Advertiser under the terms of
private property
rights.
Public offer is a proposal addressed to an undefined circle of persons or to several
specific
persons, which specifically expresses the intention of the person who made the offer to
consider
himself/herself to have entered into this End User License Agreement with the addressee
that will accept the
offer.
Acceptance – full acceptance by one of the Parties of the conditions of the public
offer of the CPA
network for the conclusion of this end user license agreement. Acceptance of a public
offer occurs when the
site is launched (including for informational purposes) and its services are used.
1. General provisions
1.1. This End User License Agreement (hereinafter referred to as the
“Agreement”) defines
the general rules for visiting, using the services and the general rules of conduct on the
Website of the
User and regulates the civil and legal relations that are formed between the User and the
Advertiser, as
well as the User, the Advertiser and the CPA network in the process of their interaction.
1.2. This Agreement may be amended by a decision of the CPA network and/or
the Advertiser
unilaterally. The CPA-network and/or the Advertiser does not bear the obligation of
personal notification of
the User about such changes. The new version of the Agreement shall enter into force from
the time of
purchase of the goods/services of the Advertiser by the User.
1.3. The terms of the Agreement are applicable to all website clients
without exception.
1.4. The User starting using the Website confirms the fact that he has familiarized himself
with the
provisions of this Agreement in his right mind and with clear memory, understands them
fully and accepts the
conditions for using the website to full extent. If there is a disagreement with the
provisions of this
Agreement (partially or in whole), the person expressing such will is not entitled to use
the information
field of the Website.
2. Regulation of the interaction of the parties
2.1. The implementation of services and/or capabilities provided by the
Website does not
give the User any exclusive rights and privileges.
2.2. The Parties to this Agreement have agreed that the CPA network is
entitled to post
advertisement units and banners in any of its fields, including the places where
information is published by
the User without the additional consent of the User.
2.3. The information posted on the Website by the CPA network is the
result of the
intellectual activity of the CPA network and all proprietary and personal non-property
rights to such
information are owned by the CPA network until it is determined otherwise. At the same
time, the User does
not have any exclusive rights to the result of intellectual activity of the CPA network
expressed in
graphic, text, audio-video form placed by the CPA network on the Website.
2.4. The CPA network is not obligated to protect the violated rights of
the User in the
context of settlement of disputes arising on this ground, including judicial manner.
2.5. The CPA network is not the owner/manufacturer of the goods and/or
services posted on
the Website and is not responsible for the violation of the User's rights. The purpose of
the CPA network
under this agreement is to attract potential users interested in acquiring goods and/or
services authorized
by the Advertiser by methods. The end result of such activity is the purchase of the goods
and/or services
by the User through the CPA network.
2.6. Violation by the User or the Advertiser of copyrights belonging to
the CPA network
and (or) other persons, entails for the offender liability provided for by the provisions
of the current
legislation of the Russian Federation.
2.7. In case of revealing infringement of copyrights by the User, by
illegal placement of
materials not belonging to the User, the CPA network withdraws such materials from free
access at the first
request of the legal right holder.
2.8. The User is prohibited from posting on the Website information that
directly or
indirectly contains the generally accepted signs of pornography, insulting, prejudicing,
damaging someone
else's dignity, containing calls for violence, brutality and other actions that lead to
violations of the
laws in force, certain territorial jurisdictions, containing malicious software and (or)
other information
that may harm third parties.
2.9. In the event of violation of the conditions of 2.8. of this Agreement
and the
failure to comply with the requirements of the CPA network, including the withdrawal of
such information
from public access, the Website's users are liable under the provisions of this Agreement
and (or) the
current legislation of the Russian Federation. The CPA network is then entitled to remove
the information
mentioned in paragraph 2.8.
2.10. The CPA network is not responsible for the results of a User's visit
to third-party
(external) resources that can be posted on the Website. Results mean any results,
regardless of its nature,
as well as the one from which the User incurred any material losses, moral damage and
other negative
manifestations.
2.11. The procedure for remote trading, the rights and obligations of the Parties to the
agreement, as well
as third parties, specific requirements for the processes of interaction between the
Parties and the design
of advertising sites, are subject to the regulatory order by the Federal Law “On
Advertising”, the Rules for
Remote Trading approved by the Resolution of the Government of the Russian Federation No
612 as of
27.09.2007, as well as other normative acts and this Agreement.
3. Rights and obligations of the Advertiser
3.1. The Advertiser is obliged to offer the User a service to deliver the
goods by mail
or transport, indicating the mode of delivery and mode of transport used.
3.2. The Advertiser is obliged to inform the User about the need to call
for help of the
qualified specialists for connecting, setting up and commissioning technically complex
products, which
cannot be put into operation without the participation of competent specialists in
accordance with technical
requirements.
3.3. The Advertiser is not entitled to perform additional works (services)
for payment
without the consent of the User.
3.4. Before the conclusion of the contract of retail sale (hereinafter
referred to as the
“Contract”) the Advertiser is obliged to provide the User with information about the basic
consumer
properties of the goods and the address (location) of the Advertiser, about the place of
manufacture of the
goods, the full name of the Advertiser, the price and conditions of the purchase contract
of goods, its
delivery, service life, shelf life and warranty period, the procedure for payment for the
goods, as well as
the period during which the proposal to enter into the contract is valid.
3.5. The Advertiser at the time of delivery of the goods is obliged to
inform the User in
writing the following information (for imported goods - in Russian):
3.5.1. the name of the technical regulation or other symbol established by
the
legislation of the Russian Federation on technical regulation and indicating the mandatory
confirmation of
the conformity of the goods;
3.5.2. information on the main consumer properties of the goods (works,
services), and
with respect to foodstuffs - information on the composition (including the names of food
additives used in
the process of food production, biologically active additives, information on the presence
in food products
of components obtained with application of genetically engineered organisms), nutritional
value, purpose,
conditions of application and storage of food products, methods of making ready meals,
weight (volume), date
and place of manufacture and packaging of food, as well as information on
contraindications for their use in
certain diseases;
3.5.3. price in rubles and conditions for the acquisition of the goods
(work performance,
services);
3.5.4. information on warranty period, if any;
3.5.5. rules and conditions for the efficient and safe use of goods;
3.5.6. information on the service life or the expiration date of the
goods, as well as
information about the necessary actions of the User after the expiration of the specified
terms and possible
consequences if such actions are not performed, if the goods after the expiration of the
indicated periods
pose a danger to the life, health and property of the Client or become unsuitable for
intended use;
3.5.7. location (address), company name of the manufacturer (the
Advertiser), location
(address) of the company(s) authorized by the manufacturer (the Advertiser) to accept
claims from the User
and perform repair and maintenance of the goods, for the imported goods - country name of
the origin of the
goods; (see the text in the previous wording)
3.5.8. information on mandatory confirmation of the conformity of goods
(services) with
compulsive requirements ensuring their safety for life, health of the User, the
environment and prevention
of damage to the User's property in accordance with the legislation of the Russian
Federation;
3.5.9. information on the rules for the sale of the goods (performance of
work, provision
of services);
3.5.10. information about the specific person who will perform the work
(provide the
service) and information about him, if relevant, it is based on the nature of the work
(services);
3.5.11 information on the energy efficiency of the goods for which the
requirement for
the availability of such information is determined in accordance with the legislation of
the Russian
Federation on energy conservation and on improving energy efficiency.
3.6. The Advertiser is obliged to provide information to the User if the
goods purchased
by the User were in use or in which the deficiency was eliminated.
3.7. The Advertiser is obliged to inform the User about the goods,
including the
maintenance conditions and the storage rules, which are communicated to the Customer by
placing on the
product, on electronic carriers, attached to the goods, in the product itself (on the
electronic board
inside the goods in the menu section), on the packaging, label, marking, in technical
documentation or in
any other way established by the legislation of the Russian Federation.
3.8. The Advertiser is obliged to inform the User about the period during
which the offer
to sell the goods/services on the website is in effect.
3.9. The Advertiser has the both right to accept and to reject the User's
offer to
forward the goods by postal mail way “to be called for”.
3.10. The Advertiser shall ensure the confidentiality of personal data
about the User in
accordance with the legislation of the Russian Federation in the field of confidentiality.
3.11. The Advertiser provides the User with catalogs, booklets, pamphlets,
photographs or
other information materials containing full, reliable and accessible information
characterizing the offered
goods.
3.12. If the User refuses the goods, the Advertiser is obliged to return
to him the
amount paid by the User in accordance with the Contract, with the exception of the
Advertiser's expenses for
the delivery of the returned goods from the User not later than 10 days from the date of
presentation of the
relevant demand by the User.
3.13. In the event that the Agreement is concluded on the condition that
the goods are
delivered to the User, the Advertiser shall deliver the goods to the place specified by
the User within the
period established by the Contract, and if the place of delivery of the goods is not
specified by the User,
then to the place of his residence.
3.14. The Advertiser shall deliver the goods to the User in the order and
time specified
in the Contract.
3.15. The Advertiser is obliged to deliver to the User the goods, the
quality of which
corresponds to the Contract and the information provided to the User at the conclusion of
the Contract, as
well as information brought to its attention when transferring the goods (in technical
documentation
attached to the product, on labels, by marking or by other means provided for certain
types of the goods).
3.16. If the Advertiser when concluding the Contract was informed by the
User of the
specific purposes for the purchase of the goods, the Advertiser is obliged to transfer to
the User the goods
suitable for use in accordance with these purposes.
3.17. The costs of the refund of the amount paid by the User in accordance
with the
Contract shall be borne by the Advertiser.
3.18. Payment for the goods by the User by transferring funds to the account of a third
party indicated by
the Advertiser does not relieve the Advertiser of the obligation to return the amount paid
by the User when
the goods are returned by the User both of proper and improper quality.
4. Rights and obligations of the User
4.1. The User has the right to refuse the goods at any time prior to its
transfer and
after the transfer of the goods - within 7 days.
4.2. The User has the right to refuse the goods within 3 months from the
moment of
transfer of the goods, in the event that information on the procedure and terms for
returning the goods of
the proper quality were not provided in writing at the time of delivery of the goods.
4.3. Return of good quality goods is possible in the event that marketable
condition,
consumer properties are preserved, as well as a document confirming the fact and
conditions for the purchase
of the said goods. The User's lack of this document does not deprive him of the
opportunity to refer to
other evidence of the purchase of goods from this Advertiser.
4.4. The User shall not be entitled to refuse from the goods of proper
quality, having
individually defined properties, if the specified goods can only be used by the User who
acquires them.
4.5. The User is obliged to re-pay the cost of delivery services, if the
delivery of the
goods is made within the terms established by the Contract, but the goods were not
transferred to the User
through his fault, the subsequent delivery is made in a new time agreed with the
Advertiser.
4.6. In the event that the goods are transferred to the User in violation
of the terms of
the Contract concerning the quantity, assortment, quality, completeness, boxes and (or)
packaging of the
goods, the User may notify the Advertiser of such violations within 20 days after receipt
of the goods.
4.7. If deficiencies in the goods are found in respect of which the
warranty terms or
expiration dates are not established, the User shall be entitled to present claims in
respect of defects of
the goods within a reasonable time, but within 2 years from the date of its transfer to
the User, longer
periods are not established by regulatory acts or the Contract.
4.8. The User has the right to present requirements to the Advertiser in
respect of
defects of the goods, if they are revealed during the warranty period or the expiration
date.
4.9. The User who is sold the goods of inadequate quality, if this was not
agreed by the
Advertiser, has the right at his choice to demand:
a) free elimination of defects of the goods or compensation of expenses
for their
correction by the User or the third party;
b) a proportionate reduction in the purchase price;
c) the replacement of a similar brand (model, item) or other brand (model,
item) with the
corresponding recalculation of the purchase price. However, in the case of technically
complex and expensive
goods, these requirements of the User are to be met if significant deficiencies are
discovered.
4.10. The User instead of claiming the requirements specified in clause
4.9 of this
Agreement, has the right to refuse to perform the Contract and demand the return of the
amount paid for the
purchased goods. At the request of the Advertiser and at its expense, the User shall
return the item with
defects.
4.11. The User has the right to demand full compensation for losses caused
to him by the
sale of the goods of inadequate quality. The losses are reimbursed within the time limits
established by the
Law of the Russian Federation “On Protection of Consumer Rights” to meet the relevant
requirements of the
User.
4.12. The User has the right to refuse to execute the Contract and demand
compensation
for the losses caused, if the Advertiser fails to transfer the goods.
4.13. When returning goods of inadequate quality, the User's lack of a
document
confirming the fact and conditions for the purchase of the goods does not deprive him of
the opportunity to
refer to other evidence of the purchase of the goods from the Advertiser.
4.14. Refusal or evasion of the Advertiser from drawing up the waybill or
the certificate
does not deprive the User of the right to demand the return of the goods and (or) return
of the amount paid
by the User in accordance with the Contract.
4.15. The User has the right to refuse to pay for additional works
(services) that are
not stipulated by the Contract, and if they are paid, the User has the right to demand
from the Advertiser a
refund paid above the specified amount.
4.16. In case of using the results of the intellectual property of the CPA
network; the
materials of the Website, for any purpose, the User shall obtain the permission of the CPA
network before
placing such materials. Given the permission of the CPA network, the User shall display
the full name and
domain name of the source in the following format: web store c.nefroactive-new.com. The
hyperlink is to be
active and direct, when clicked on a transition a particular page of the Website is opened
from which the
material is borrowed.
4.17. By analogy with the instructions set out in p. 4.16. of this Agreement, the User
undertakes to act,
in the case of using the results of intellectual property, that it belongs to third
parties. The method and
procedure of implementation are specified in the process of negotiations with the owner of
the materials.
5. Liability of the partiesLiability of the parties
5.1. The CPA network is not responsible for the actions of the User that
have violated
the rights of the third parties, except in the case of certain existing legislation of the
Russian
Federation.The CPA network is not responsible for the actions of the User that have
violated the rights of
the third parties, except in the case of certain existing legislation of the Russian
Federation.
5.2. The CPA network is not responsible for the content of the information
placed by the
Advertiser and/or the User.The CPA network is not responsible for the content of the
information placed by
the Advertiser and/or the User.
5.3. The CPA network is not responsible for the content of Website
feedback. The feedback
of users from the website is subjective opinion of their authors, which is in no way
intended to be
objective. They may not coincide with public opinion and do not correspond to reality.The
CPA network is not
responsible for the content of Website feedback. The feedback of users from the website is
subjective
opinion of their authors, which is in no way intended to be objective. They may not
coincide with public
opinion and do not correspond to reality.
5.4. The decision on the issue/non-issuance of personal data is accepted
by the CPA
network only on the basis of a request sent by the person of the CPA network in accordance
with the
procedure established by applicable law.The decision on the issue/non-issuance of personal
data is accepted
by the CPA network only on the basis of a request sent by the person of the CPA network in
accordance with
the procedure established by applicable law.
5.5. CPA network has the right not to respond to inquiries, appeals and
letters that do
not contain requisites of the contacting person (full name, contact details).CPA network
has the right not
to respond to inquiries, appeals and letters that do not contain requisites of the
contacting person (full
name, contact details).
5.6. CPA network is not responsible for the registration data, which was
indicated by the
User when interacting with the information field of the Website.CPA network is not
responsible for the
registration data, which was indicated by the User when interacting with the information
field of the
Website.
5.7. CPA network has the right to limit without explanation of reasons, to block the User's
access
(including unregistered one) to the Website, with partial or complete removal of
information that was posted
by the User on the Website. CPA network undertakes to review the claim, executed in
accordance with the
procedure provided for by section 5 of the Agreement within 30 (thirty) calendar days from
the date of
receipt.CPA network has the right to limit without explanation of reasons, to block the
User's access
(including unregistered one) to the Website, with partial or complete removal of
information that was posted
by the User on the Website. CPA network undertakes to review the claim, executed in
accordance with the
procedure provided for by section 5 of the Agreement within 30 (thirty) calendar days from
the date of
receipt.
6. Dispute settlement procedureDispute settlement procedure
6.1. In case of posted information on the Website containing the results
of intellectual
property owned by the third parties, the copyright owner is obliged to:In case of posted
information on the
Website containing the results of intellectual property owned by the third parties, the
copyright owner is
obliged to:
6.1.1. Draw up a claim indicating the actual and regulatory grounds that
enable the CPA
network to withdraw information from public access.Draw up a claim indicating the actual
and regulatory
grounds that enable the CPA network to withdraw information from public access.
6.1.2. Attach to the claim evidence for the originality of the result of
intellectual
property (original copy, other documents confirming the right of ownership of the
copyright object).Attach
to the claim evidence for the originality of the result of intellectual property (original
copy, other
documents confirming the right of ownership of the copyright object).
6.1.3. Send the package of documents mentioned in the provisions of
subparagraphs 6.1.1.,
6.1.2. of this Agreement to the electronic mail of the CPA network: [email�protected]
the package
of documents mentioned in the provisions of subparagraphs 6.1.1., 6.1.2. of this Agreement
to the electronic
mail of the CPA network: [email�protected]
6.2. The claims of the User on the quality of service, products, as well as other comments,
should be sent
to the Advertiser on the electronic mail: [email�protected]
claims of the
User on the quality of service, products, as well as other comments, should be sent to the
Advertiser on the
electronic mail: [email�protected]
7. MiscellaneousMiscellaneous
7.1. All possible situations, disputes arising out of the relationship
between the User
and the Advertiser, as well as the User, the Advertiser and the CPA network, which are not
settled by this
Agreement, shall be resolved in accordance with the rules of the current legislation of
the Russian
Federation.All possible situations, disputes arising out of the relationship between the
User and the
Advertiser, as well as the User, the Advertiser and the CPA network, which are not settled
by this
Agreement, shall be resolved in accordance with the rules of the current legislation of
the Russian
Federation.
7.2. The Parties to this Agreement are aware of the scope of the rights
and obligations
generated by the relationships of the persons mentioned in this Agreement and realize
their actions,
understand the legal nature of the consequences of such actions to full extent.The Parties
to this Agreement
are aware of the scope of the rights and obligations generated by the relationships of the
persons mentioned
in this Agreement and realize their actions, understand the legal nature of the
consequences of such actions
to full extent.
7.3. Omission to act on the part of the CPA network in case of violation
of the
provisions of the Agreement by any of the Users does not deprive the CPA network of the
right to take later
appropriate actions in defense of its interests and protection of the rights protected by
the law.Omission
to act on the part of the CPA network in case of violation of the provisions of the
Agreement by any of the
Users does not deprive the CPA network of the right to take later appropriate actions in
defense of its
interests and protection of the rights protected by the law.
7.4. The Advertiser's contact information:The Advertiser's contact
information:
