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HomeGGSel Public Offer for sellers

GGSel Public Offer for sellers

Public Offer contract
  • •This public offer (hereinafter referred to as the «Offer») is an official offer of Limited liability company «Newstan» (hereinafter referred to as the «Service Administration»), addressed to any natural person (hereinafter referred to as the «Seller») to conclude an Agent Contract to perform in favor of the latter legal and other actions on behalf and at the expense of the Seller on the terms provided for in this Offer (hereinafter referred to as the «Agent Contract»).
  • •The Service Administration and the Seller are hereinafter jointly referred to in the text of the Offer as the «Parties» and individually as the «Party».
  • •This Offer is addressed to an unlimited number of natural persons with the appropriate legal capacity (legal personality) in accordance with the laws of the Russian Federation, allowing them to enter into civil legal relations with the Service Administration and conclude the Agent Contract on the terms and conditions specified in the Offer.
  • •It is hereby presumed and the Seller confirms that they have the legal capacity (legal personality) sufficient to enter into the Agent Contract with the Service Administration on the terms and conditions set out in the Offer.
  • •This Offer contains all the main essential terms of the legal relations of the Parties and is made in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation.
    • 1. Acceptance of the offer
  • 1.1. Acceptance of this Offer is carried out by the Seller performing of conclusive (actual) actions indicating their intention, will and desire to enter into legal relations with the Service Administration and conclude the Agent Contract on the terms and conditions stipulated in the Offer.
  • 1.2. In particular, but not limiting the above, such conclusive actions include passing the registration procedure on the Service and ticking the "checkbox" (marking) of agreement and acceptance of this Offer in a special position (registration form) on the Service. Completion of the Seller's registration procedure is recognized as an acceptance of this Offer.
  • 1.3. Acceptance of the Offer means familiarization, understanding of the terms and conditions of the Offer, full and unconditional consent of the Buyer with the provisions and requirements defined in the Offer.
  • 1.4. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation in case of acceptance of the terms of the Offer (acceptance of the Offer) a natural person who thereby makes acceptance of this Offer, becomes a Seller for the purposes and in the sense established by the Offer (in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation acceptance of the Offer is equivalent to the conclusion of the contract on the terms set out in the Offer).
  • 1.5. From the moment of acceptance of the Offer the Agent Contract is recognized as agreed and concluded between the Service Administration and the Buyer on the terms and conditions specified in this Offer, and its terms and conditions are a subject to mandatory and strict execution by the Parties. In accordance with Chapter 52 of the Civil Code of the Russian Federation under such Agent Contract the Service Administration has the legal status of Agent and the Seller has the legal status of Principal.
    • 2. Terms and definitions
  • 2.1. For the purposes of this Offer, the following terms shall have the following meaning:
  • 2.1.1. The «GGsel» Service or the Service is a set of information and technical solutions placed in the Internet at the address: https://GGsel.net , providing the possibility of direct interaction and organization of conclusion and execution of the Transaction between the Seller and the Buyer, as well as safe mutual settlements between them.
  • 2.1.2. The Service Administration is Newstan LLC represented by its authorized representative (moderator), which has the rights to use, manage and dispose the Service.
  • 2.1.3. The Seller is a natural person (citizen) registered on the Service and selling (realizing) the Goods.
  • 2.1.4. The Buyer is a natural person (citizen) who purchases the Goods and/or has the intention to purchase the Goods, and/or has purchased the Goods, and/or has familiarized them with the information about the Goods.
  • 2.1.5. The Goods is any item, property, digital and virtual object, work or service offered by the Seller for sale (realization) to Buyers by posting information about them on the Service.
  • 2.1.6. The Transaction is a contract (agreement) for the sale (realization) of Goods concluded on the Service between the Seller, on behalf and in the interests of whom the Service Administration and the Buyer act.
  • 2.1.7. The Agency Fee is an amount of money in the form of a commission (a certain percentage of the Transaction amount) payable by the Seller to the Service Administration for the provision of agency services specified and described in the text of this Offer, being a payment for these agency services to the Service Administration.
  • 2.1.8. E-mail is a special technology that ensures forwarding and receiving electronic messages, letters, files, documents, etc. through the use of the Internet.
  • 2.1.9. Dashboard is a personalized section of the Service provided to each Seller after registration to use the Service in accordance with its purpose.
  • 2.2. The terms not defined in clause 2.1. of this Offer may be used in the Offer. In these cases, the interpretation of terms shall be made in accordance with the text and meaning of this Offer. If there is no unambiguous interpretation of a term in the text of this Offer, the interpretation of terms should be guided by: first of all – defined on the Service; secondly – in accordance with the norms of the current applicable legislation of the country of residence of the Service Administration.
    • 3. The offer subject
  • 3.1. In accordance with this Offer, the Service Administration undertakes to provide the Seller with the following agency services of legal and factual nature:
  • 3.1.1. Conclusion of Transactions with Buyers on behalf, at the expense and in the interests of the Seller. The respective Transactions are executed via the Service by using the functional, technical and technological capabilities of the Service.
  • 3.1.2. Organization of funds acceptance for the Goods from the Buyer and their transfer to the Seller, minus Agency Fee.
  • 3.1.3. Placing information about the Seller's Goods on the Service by providing the Seller with a capability to fill in the relevant sections of the Service (cards/pages of the Seller's Goods).
  • 3.2. The Service Administration is solely an organizer of interaction between the Seller and the Buyer by providing the Service (technical and functional capabilities of the Service) for the purpose of selling the Goods by the Seller to the Buyer.
  • 3.3. The Service Administration does not participate in determining the conditions for the sale of Goods (type, price, quantity, etc.), is not the owner of these Goods, and does not act as a Seller or Buyer. At the same time, the Service Administration has the right to set restrictions on the prices of certain varieties of Goods.
  • 3.4. The rights and obligations under the Transaction made by the Service Administration with the Buyer on behalf and at the expense of the Seller, as well as responsibility for the execution of this Transaction, arise directly from the Seller.
    • 4. The rights and obligations
  • 4.1. Seller’s rights and obligations:
  • 4.1.1. The Seller undertakes to sell the Goods that comply with the requirements of the current legislation and are not prohibited or restricted in circulation. The Seller confirms that it has legal rights and capabilities to sell the Goods, information about which they place on the Service.
  • 4.1.2. The Seller undertakes to comply with the conditions of sale of the Goods agreed with the Buyer.
  • 4.1.3. The Seller undertakes to provide full and reliable information about themself, the Goods they sell, in particular for the purposes of publication and familiarization with this information by the Buyers. Especially the Parties have established that the Goods information published on the Service shall fully contain all the Goods information, which is established by the legislation on consumer protection in the Russian Federation (regardless of the legal status of the Seller).
  • 4.1.4. The Seller undertakes to independently and timely familiarize themself with all information published on the Service, as well as in the notifications received to the e-mail address or in the Seller's Dashboard.
  • 4.1.5. The Seller undertakes to place the information about the Goods in the sections of the Service corresponding to the variety of the Goods, while complying with the restrictions and additional requirements set by the Service Administration.
  • 4.1.6. The Seller may not inflate the sales ranking or use tools aimed at artificially inflating the sales ranking of the respective Seller.
  • 4.1.7. The Seller undertakes to keep the login and password information for access to his Personal Account in a place inaccessible to third parties, as well as not to provide it to third parties.
  • 4.1.8. The Seller hereby warrants and represents that all actions performed through the use of Dashboard shall be deemed to have been performed directly by the Seller.
  • 4.1.9. The Seller has the right to independently determine the Goods selling conditions, in particular their price, quantity and other conditions.
  • 4.1.10. The Seller has the right to post information about the Goods on the Service.
  • 4.1.11. Other rights, capabilities and obligations as determined at the discretion of the Service Administration.
  • 4.2. The rights and obligations of the Service Administration:
  • 4.2.1. The Service Administration has the right to make changes to this Offer.
  • 4.2.2. The Service Administration has the right to set, cancel or change the fee for its services, including unilaterally changing the amount of the Agency Fee.
  • 4.2.3. The Service Administration has the right to remove any information from the Service that violates this Offer, legislation or the rights and interests of third parties.
  • 4.2.4. The Service Administration has the right to refuse to provide services to the Seller in case of their illegal activities, as well as in case the Seller's rating becomes negative.
  • 4.2.5. The Service Administration has the right to make a refund to the Buyer for the Goods, for which the Buyer left negative feedback, if within 3 calendar days the Seller did not leave a counter comment on the negative feedback or did not contact the Service Administration.
  • 4.2.6. The Service Administration has the right to request documents on the Goods sold by the Seller, in particular, confirming the source of their origin. At the same time, the period of funds withdrawal (receiving) by the Seller may be extended for the period of submission of such documents.
  • 4.2.7. The Service Administration has the right to request additional documents and confirmation of the Seller's identification, in particular the provision of identity documents, videoconferencing, etc.
  • 4.2.8. The Service Administration has the right to reduce the Seller's rating as a penalty for violation of agreements with the Buyer.
  • 4.2.9. The Service Administration has the right to suspend the Seller's activity on the Service if the Seller fails to respond to appeals and messages from the Service Administration for more than 48 (forty-eight) hours.
  • 4.2.10. The Service Administration automatically generates reports on the fulfilment of its obligations, in particular, on the completed Transactions in respect of the Seller's Goods (these reports are Agent's Reports within the meaning of Article 1008 of the Civil Code of the Russian Federation). The relevant reports are formed and submitted by the Service Administration as it fulfils its obligations during the term of validity of the Agency Agreement concluded as a result of acceptance of this Offer.
  • 4.2.11. Other rights, options and obligations arising from this Offer.
  • 4.3. The Seller hereby consents to the processing of their personal data in accordance with the provisions of applicable law, reflection of their data at Dashboard and on the Service. The Service Administration has the right to use the Seller's personal data for the purposes of execution of this Offer in accordance with the terms of applicable law.
    • 5.Remuneration and the procedure for mutual settlements
  • 5.1. The Service Administration is entitled to receive the Agency Fee for providing the services stipulated by this Offer.
  • 5.2. The amount of the Agency Fee is indicated on the Service and may vary depending on the section of the Service where information about the Seller's Goods is published.
  • 5.3. The basis for payment of the Agency Fee is the execution (completion) of the Transaction between the Seller and the Buyer and receiving of funds from the Buyer.
  • 5.4. Procedure for payment of the Agency Fee – payment of the Agency Fee due to the Service Administration shall be made by withholding it from the amount of funds received by the Service Administration from the Buyer in payment for the cost of the Seller's Goods.
  • 5.5. The funds due to the Seller for the Goods sold to the Buyers, minus the Agency Fee, shall be transferred to the Seller within 30 business days from the date of receipt by the Service Administration of the relevant request from the Seller for receiving (withdrawal) of funds made through the Seller's Dashboard.
  • 5.6. Payment of funds to the Seller shall be made by transferring funds from the settlement account of the Service Administration to the bank account of the Seller. The date of payment under this Agreement shall be deemed to be the date of debiting funds from the settlement account of the Service Administration.
  • 5.7. Payment of funds to the Seller shall not be made, and if such payment has already been made to the Seller, it shall be refunded within 3 (three) business days from the date of submission of the relevant request by the Service Administration, or shall be withheld from other amounts of funds of the Seller for other Transactions on sale (realization) of Goods in the following cases:
  • •Transaction Cancellation regardless of the grounds and reasons;
  • •Recognition of the Transaction as invalid regardless of the basis and reasons;
  • •The case specified in clause 4.2.5. of this Offer;
  • •Other cases, as a result of which the Service Administration made a refund to the Buyer under the Transaction with the Seller.
  • 5.8. There is no fee for the Seller's registration on the Service.
    • 6. Responsibility
  • 6.1. The Seller and the Service Administration shall be liable for violation of the terms and conditions set forth in this Offer in accordance with the current legislation of the Russian Federation.
  • 6.2. Due to the peculiarities of the Service functionality, the Service Administration cannot be responsible for the actions/inactions of the Sellers and Buyers, including for the Seller's and Buyer's failure to comply with the obligations under the Transaction, as well as for the legality of the actions/inactions of the Sellers and Buyers until the moment of the Transaction.
  • 6.3. The Service Administration does not regulate disputes and conflicts between the Seller and the Buyer, does not act as an arbitrator. Nothing in this Offer can indicate the obligation of the Service Administration to participate in the resolution of conflicts and disputes between Sellers and Buyers. However, the Service Administration at its sole discretion may participate in the resolution of such conflicts and disputes.
  • 6.4. If the Service Administration is held liable for the actions of the Seller, the Service Administration has the right to shift this responsibility to the Seller and recover the losses incurred by it.
  • 6.5. For violation of this Offer, the rights and interests of third parties, the norms of the current legislation of the Russian Federation, the Service Administration has the right to unilaterally take the following measures against the Seller without prior notice to the Seller or with prior notice to the Seller, as well as without explaining the reasons:
  • 6.5.1. give the Seller a warning;
  • 6.5.2. delete the Seller Dashboard from the Service, thereby prohibiting the Seller from using the Service;
  • 6.5.3. block the Seller Dashboard for a certain period of time set at the discretion of the Service Administration;
  • 6.5.4. establish a ban on the use of certain sections of the Service by the Seller for a certain period of time or without defining a period of time.
  • 6.6. The Service Administration is not responsible for non-performance and/or improper performance by the Buyer and the Seller of their mutual obligations, including, but not limited to the above-mentioned – for violation of the conditions of quality, quantity, completeness, appearance and form of the Goods, for violations of the conditions of the Goods transfer, etc.
  • 6.7. The Service Administration is not responsible for improper performance of obligations by third parties, in particular, by payment systems, credit organizations (banks), web hosters and providers, mobile operators, etc.
  • 6.8. The Service Administration is not responsible in any form for any discrepancy between the content, functionality and purpose of the Service and the Seller's expectations. The Service is provided for use by the Sellers on an «as is» basis.
    • 7. Dispute resolution procedure
  • 7.1. The Parties have established a claim pre-trial procedure for settlement of disagreements and disputes. The term for responding to the submitted claim is 5 (five) working days from the date of receipt of the claim by the Party.
  • 7.2. In case of failure to reach an agreement on the disputed issues, the dispute arising from the Contract shall be considered in court at the location of the Service Administration.
    • 8. Validity of the offer
  • 8.1. This Offer shall become effective from the moment of its placement on the Internet on the Service specified in clause 2.1.1. of this Offer.
  • 8.2. This Offer is entered into force for an indefinite period of time and shall become void upon its cancellation by the Service Administration.
  • 8.3. In case of making changes to the Offer such changes come into force from the moment of publication of the new edition of the Offer on the Service, unless another term of changes coming into force is determined additionally at its publication. The Service Administration has the right to unilaterally make changes to the text of the Offer.
  • 8.4. The Seller undertakes to independently monitor changes in the provisions of this Offer and bears responsibility for negative consequences associated with non-compliance with this obligation.
  • 8.5. If the Seller does not agree with the relevant changes, the Seller is obliged to stop using the Service and refuse the services provided by the Service Administration. Otherwise, the Seller's continued use of the Service means that the Seller agrees to the terms of the Offer in a new version.
  • 8.6. The current version of the Offer is located on the Service at:https://GGsel.net/selleragreement
  • •Where the Service Administration has provided with a translation of the Russian language version of the Offer, then the Seller agree that the translation is provided for convenience only and that the Russian language versions of the Offer will govern the relationship with the Service Administration.
  • •If there is any contradiction between what the Russian language version of the Offer says and what a translation says, then the Russian language version shall take precedence.
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