Terms of contract for shops

By registering on this platform, you are considered to have concluded the following agreements . Please register after carefully reading all the terms of the contract. 

KOMBARKET PLATFORM MEMBERSHIP AGREEMENT

 This Membership Agreement ("Agreement"); The legal address of www.kobmarket.az and Kobmarket mobile application program is Alfred Nobel str., Baku. 15, with “NABI” LLC ( “Kobmarket” ) with taxpayer identification number (TIN) 2006469631 It is concluded between www.kobmarket.az and "Kobmarket" mobile application program by accepting the following terms and conditions in order to regulate the terms of use of the Services provided by Kobmarket by the Member ("User").

From now on, Kobmarket and User will be called "SIDE" separately and "SIDES" together. 

The main concepts used in the contract:

Platform: online sales space consisting of www.kobmarket.az website and Kobmarket mobile application program; 

Buyer: User who buys a product from the platform; Seller: A User who submits his products for sale on the Platform; 

Services: Services provided by Kobmarket to its Users to sell and buy any product through the Platform;

Product: Goods offered by the seller to the buyer on the platform; 

Transportation Company: The company offered by Kobmarket, which undertakes to transport the products sent by the Seller to the Buyer in case of trading on the Platform; 

Payment Company: A company offered by Kobmarket that allows payments to be made through an online payment system when trading on the platform.      

                  

TERMS OF THE CONTRACT

 1. Subject of the contract 

1.1. Under this Agreement, Kobmarket provides the User with an online sales platform based on the terms of the Agreement. 

1.2. The User accepts that if any product is sold through the Platform, the purchase agreement for that product is considered concluded between the Buyer and the Seller and does not act as a party to the Kobmarket purchase agreement. 

2. User account 

2.1. In order to use the Services of the Platform, the User must register on the Platform and have a personal user account.

2.2. The username and password used to create the account are chosen by the User, and the User is responsible for maintaining the confidentiality of this information. 

2.3. All transactions made at the expense of the User are considered to have been made by the User and the User is responsible for these transactions and the damage caused as a result. 

2.4. The user is responsible for the accuracy and validity of all information entered during registration. 

3. User statements 

3.1. The User guarantees the following when using the Platform: 

3.1.1. That he is over 18 years old;

3.1.2. That the proposed product is obtained legally and that they are free from the rights of third parties; 

3.1.3. Will not violate the requirements of the legislation and the rights of third parties when using the platform; 

3.1.4. The accuracy of the information entered about him when registering on the platform; 

3.1.5. Not to use unethical, insulting, threatening, degrading or degrading expressions in the description of the product, in the comments sections of the Platform, as well as in electronic communication; 

3.1.6. That it will record complete and accurate information about the product it has placed on the Platform for sale; 

3.1.7. That it does not infringe the intellectual property rights of Kobmarket and other users; 

3.1.8. Other Users will not collect or use your personal information. 

3.2. If the User violates the terms of this provision or other provisions of this Agreement while using the Platform, Kobarket reserves the right to temporarily or permanently restrict the User's use of the Platform. 

4. Seller's obligations 

4.1. The Seller guarantees and is responsible for the accuracy and validity of the information entered about him during registration on the Platform. 

4.2. The Seller provides the Buyer with a product of the type and quality chosen by the Buyer in accordance with the information specified in the Platform. 

4.3. The Seller must ensure that the Buyer is familiar with the following information: 

4.3.1. If the seller is a legal entity, name, state registration, organizational-legal form, address of the legal entity; If the seller is an individual (entrepreneur), the surname, name and patronymic, address of the individual; 

4.3.2. Contact information (telephone, fax, Internet and e-mail addresses); 

4.3.3. Basic information on the characteristics of goods (services, works); 

4.3.4. Prices of goods (services, works) taking into account taxes; 

4.3.5. If delivery is provided, its cost and other conditions; 

4.3.6. Terms of payment and order execution;

4.4. The issue of return of the purchased goods shall be resolved in accordance with the requirements of the current legislation of the Republic of Azerbaijan. 

4.5. The Seller uses the Platform free of charge for 3 (three) calendar months from the date of registration and pays a monthly membership fee of 10 (ten) AZN to Kobmarket for the following months. 

4.6. The Seller does not have any right to a refund when the member withdraws. 

4.7. The Seller ensures the delivery of the products to the Buyer. 

4.8. The Seller accepts the terms of carriage (https://kobmarket.az/delivery) by registering on the Platform. 

4.9. When the Buyer chooses to deliver the ordered product, if the Seller sends the product at his own expense, he uses the services of the Transportation Company and in return makes the agreed payment to the Transportation Company. 

4.10. The Seller acknowledges that all payments to the Seller, including payments made by the Buyer to the Seller, payments made by the Sellers to the Buyer upon return of the product, membership fee paid by the Seller to the Kobmarket and service fee of the Transportation Company are made through the Payment Company's online payment platform. pays the agreed commission to the company. 

5. Obligations of the buyer 

5.1. The Buyer is responsible for carefully and fully reading this Agreement and other terms and conditions posted on the Platform, product information, terms of delivery, payment and return. 

5.2. When the Buyer purchases any product, a purchase agreement is concluded with the Seller, and this agreement is confirmed by an electronic receipt that appears on the screen after the Buyer has paid. 

5.3. The buyer guarantees the accuracy of the information entered about him when ordering the product and is responsible for it. 

5.4. There are two options for the delivery of the product: (1) to deliver the product from the Seller's address; (2) delivery of the product by the Seller to the Buyer's address. 

5.5. By registering on the Platform, the Buyer accepts the terms of carriage (https://kobmarket.az/delivery) and, if he chooses to deliver the purchased product at his own expense, uses the services of the Carriage Company and in return makes the agreed payment to the Carriage Company. 

6. Responsibility of the parties 

6.1. Kobmarket The availability, quality, legality of the product posted on the Platform by the Sellers, the content and accuracy of the information provided by the Sellers about the product, the solvency of the Buyers, the fulfillment of the Buyer's and Seller's obligations and the Purchase Agreement between the Buyer and the Seller, as well as and is not responsible for any issues arising from the contracts between the Transportation Company. 

6.2. Kobmarket is not responsible for the transfer of money to the parties by the Payment Company and the delivery of goods by the Transportation Company. 

6.3. The seller is responsible for the quality, type, timely delivery of the product, etc. is fully and solely responsible to the Buyer. 

6.4. Kobmarket may temporarily or permanently restrict the Seller's access to the Platform, which has been repeatedly complained about by Buyers. 

7. Electronic communication 

7.1. Kobmarket can communicate with the User through the Message section of the Platform, via the e-mail address entered by the User during registration, or by calling the phone number and sending an SMS. 

7.2. The User guarantees the accuracy of the e-mail address and telephone number entered during registration on the Platform: notifications sent to that address and telephone number are considered delivered to the User. 

7.3. Correspondence between the parties by telephone, e-mail and other Internet resources is of official importance and is accepted as a type of evidence. 

8. Privacy 

8.1. Kobmarket collects, uses, transmits and protects personal data provided by the User during the Membership and / or purchase of the Platform in order to use the Services in accordance with the legislation of the Republic of Azerbaijan, including the Law of the Republic of Azerbaijan "On Personal Data". 

8.2. Personal information provided by the User during membership and / or purchase of the Platform may be transferred to the other party to the dispute in order to initiate legal proceedings to resolve disputes in the event of a dispute between the Users. 

8.3. Kobmarket may provide the User's personal data to the competent state bodies in accordance with the legislation upon their request. 

8.4. By using the Services, the User expresses his consent to the collection, use, transmission and other processing of his information in the manner described above. 

8.5. The personal information provided by the User during the membership and / or purchase of the Platform is used for the fulfillment of obligations under this Agreement, for the improvement of the Platform and for the User's private advertising, questionnaires, etc. is collected, stored, processed, used and, if necessary, transferred to third parties for the purpose of its preparation in accordance with the legislation. 

9. Term of the contract

This Agreement shall enter into force upon registration of the User on the Platform and shall remain in force until one of the Parties terminates the Agreement. 

10. Termination of the contract 

10.1. If the User does not fulfill or does not fulfill its obligations, Kobmarket may terminate the Agreement unilaterally. 

10.2. The User may unilaterally terminate the Agreement by terminating his / her membership in the Platform at any time. 

11. Amendments to the contract 

11.1. Cobmarket may unilaterally make changes (additions) to all agreements and rules posted on the Platform, including this Agreement. 

11.2. When making such a change, Kobmarket notifies the Users of the changed terms 14 days prior to the entry into force of the change. The notification can be sent to the user's e-mail address or to the message section of the Platform. 

11.3. The changes will take effect 14 days after the notification is sent to the User. A User who does not agree with the relevant change may terminate his / her membership in the Platform. 

12. Force-Majeure 

12.1. Kobmarket is not responsible for non-performance of obligations under the Contract as a result of unforeseen circumstances beyond its control (natural disasters, military operations, internal unrest, economic crisis, devaluation, cyber-attacks, changes in legislation, etc.). 

12.2. In this case, the performance of Kobmarket's obligations under the Agreement shall be suspended during the period of influence of force majeure, and Kobmarket shall notify the User no later than 10 (ten) days after the occurrence of circumstances preventing it from fulfilling these obligations. 

13. Dispute resolution 

13.1. All relations arising from this Agreement and this Agreement shall be governed by the legislation of the Republic of Azerbaijan. 

13.2. All disputes arising out of this Agreement between the Parties shall be settled through negotiations. 

13.3. If it is not possible to resolve disputes between the parties arising from this Agreement through negotiations, such disputes shall be resolved in court on the basis of the legislation of the Republic of Azerbaijan. 

13.4. The User agrees that in the event of a dispute between him and another User (Buyer or Seller), he will exclude Kobmarket from these disputes and will not sue Kobmarket. 

13.5. In the event of a dispute between two Users, Kobmarket's sole responsibility will be to provide one User with the necessary information about the other User who is the party to the dispute. 

14. Other provisions 

14.1. The invalidity or invalidation of the provisions of this Agreement which do not relate to the essential terms of this Agreement shall not invalidate the other provisions of this Agreement. 

14.2. The User may not assign, transfer or transfer the rights and obligations under this Agreement to any third party without the prior consent of Cobmarket. 

14.3. This Agreement shall enter into force upon the User's registration on the Platform and shall be binding on both parties.