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To the Seller: GGSel Public Offer

    PUBLIC OFFER
  • This Public Offer (hereinafter referred to as the "Offer") is an official offer of the Limited Liability Company LETSKY TECHNOLOGY LIMITED LLC «Mobile Wallet», Kyrgyzstan, Bishkek, Sverdlovsk district, Frunze str., house 300/3, hereinafter referred to as the "Service Administration", to conclude an Agency Agreement for the performance of legal and other actions in favor of the latter on behalf of and at the expense of the Seller with any individual, hereinafter referred to as the "Seller", on the terms provided for in this Offer (hereinafter referred to as the "Agency Agreement").
  • The Service Administration and the Seller are hereinafter collectively referred to as the "Parties" and individually as the "Party".
  • This Offer is addressed to an unlimited number of individuals with the appropriate legal capacity (legal personality, legal capacity) in accordance with the legislation of the Russian Federation, allowing them to enter into civil legal relations with the Service Administration and conclude an Agency Agreement on the terms defined in the Offer.
  • The Seller hereby presumes and confirms that he has the legal capacity (legal personality, legal capacity) sufficient to conclude an Agency Agreement with the Service Administration on the terms established in the Offer.
  • This Offer contains all the main essential terms of the provision of agency services by the Service Administration to the Seller and is drawn up 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 conclusive (actual) actions indicating his intention, expression of will and desire to enter into a legal relationship with the Service Administration and conclude an Agency Agreement on the terms provided for in the Offer.
  • 1.2. In particular, but not limited to, such conclusive actions include going through the registration procedure on the Service and ticking the box (marking) about consent and acceptance of this Offer in a special section (registration form) on the Service. The completion of the Seller's registration procedure is recognized as acceptance of this Offer.
  • 1.3. Acceptance of the Offer means familiarization, understanding of all together and each separately the terms of the Offer, full, unconditional and irrevocable consent of the Seller with the provisions and requirements defined in the Offer.
  • 1.4. According to 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), an individual making the acceptance of this Offer becomes the 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 concluding an agreement on the terms set forth in the Offer).
  • 1.5. From the moment of acceptance of the Offer, the Agency Agreement is considered agreed and concluded between the Service Administration and the Seller on the terms specified in this Offer, and its terms are subject to mandatory and strict execution by the Parties. In accordance with Chapter 52 of the Civil Code of the Russian Federation, under such an Agency Agreement, the Service Administration has the legal status of an Agent, and the Seller has the legal status of a Principal.
  • TERMS AND DEFINITIONS
  • 2.1. For the purposes of this Offer, the following terms are used in the following meaning:
  • 2.1.1. GGsel Service or Service – a set of information and technical solutions hosted on the Internet at: https://GGsel.net providing the possibility of direct interaction and organization of the conclusion and execution of the Transaction between the Seller and the Buyer, as well as the implementation of secure mutual settlements between them.
  • 2.1.2. Service Administration - LETSKY TECHNOLOGY LIMITED LLC «Mobile Wallet», Kyrgyzstan, Bishkek, Sverdlovsk district, Frunze str., house 300/3 represented by its authorized representative (moderator), having the rights to use, manage and dispose of the Service.
  • 2.1.3. Seller – an individual person (citizen) registered on the Service and engaged in the sale of Goods.
  • 2.1.4. Buyer – an individual person (citizen) who purchases the Goods and/or intends to buy the Goods and/or has bought the Goods and/or is getting acquainted with the information about the Goods.
  • 2.1.5. Goods – any thing, property, digital and virtual object, work or service offered by the Seller for selling and realization to Buyers by posting information about them on the Service.
  • 2.1.6. Transaction – An agreement (contract, etc.) for the sale of the Goods, concluded on the Service between the Seller, on behalf of and in the interests of whom the Service Administration acts, and the Buyer
  • 2.1.7. Agency Fee – the amount of money in the form of a commission (a certain percentage of the Transaction amount) to be paid by the Seller to the Service Administration for the provision of agency services specified and described in the text of this Offer, which is a payment for these agency services of the Service Administration.
  • 2.1.8. E-mail – a special technology that provides for the sending and receiving of electronic messages, letters, files, documents, etc. through the use of the Internet information and telecommunications network.
  • 2.1.9. Personal Account – a personal section of the Service provided to each Seller after registration and used to use the Service in accordance with its purpose.
  • 2.2. The Offer may use terms not defined in clause 2.1. of this Offer. In these cases, the interpretation of terms is carried out in accordance with the text and meaning of this Offer. In the absence of an unambiguous interpretation of a term in the text of this Offer, one should be guided by the interpretation of terms: first of all, as 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. SUBJECT OF THE OFFER
  • 3.1. In accordance with this Offer, the Service Administration undertakes to provide the Seller with the following agency services of a legal and actual nature:
  • 3.1.1. Conclusion of Transactions with Buyers on behalf of, at the expense of and in the interests of the Seller. The execution of the relevant Transactions is carried out through the Service, through the use of the functional, technical and technological device of the Service.
  • 3.1.2. Organization of receiving funds for the Goods from the Buyer and transferring (transferring) them to the Seller, minus the Agency Fee.
  • 3.1.3. Placing information about the Seller's Goods on the Service by providing the Seller with the opportunity 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 them with the use of 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 terms of sale of the Goods (type, price, quantity, etc.), is not the owner of these Goods, does not independently act as a Seller or Buyer. At the same time, the Service Administration has the right to set restrictions on prices for certain types of Goods.
  • 3.4. Under the Transaction made by the Service Administration with the Buyer on behalf of and at the expense of the Seller, the rights and obligations, as well as the responsibility for the execution of this Transaction, arise directly from the Seller.
  • 4. RIGHTS AND OBLIGATIONS
  • 4.1. Rights and obligations of the Seller:
  • 4.1.1. The Seller undertakes to sell Goods that comply with the requirements of the current legislation, are not prohibited and are not restricted in circulation. The Seller confirms that he has legal rights and opportunities to sell the Goods, information about which he posts on the Service.
  • 4.1.2. The Seller undertakes to comply with the terms of sale of the Goods, which have been agreed with the Buyer.
  • 4.1.3. The Seller undertakes to provide complete and reliable information about himself, the Goods sold (sold), in particular for the purpose of publication and familiarization with this information by Buyers. The Parties specifically established that the information about the Goods published on the Service should fully contain all the information about the Goods that 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 himself with all information posted on the Service, as well as in notifications received at the email address or in the Seller's Personal Account.
  • 4.1.5. The Seller undertakes to post information about the Goods in the sections of the Service that correspond to the type of Goods, while complying with the restrictions and additional requirements established by the Service Administration.
  • 4.1.6. The Seller is not entitled to overstate the sales rating or use tools aimed at artificially inflating the sales rating of the respective Seller.
  • 4.1.7. The Seller undertakes to store information about the login and password to enter his Personal Account in a place inaccessible to third parties, and not to provide it to third parties.
  • 4.1.8. The Seller hereby guarantees and assures that all actions performed using the Personal Account are considered to be performed by him directly.
  • 4.1.9. The Seller has the right to independently determine the terms of sale of the Goods, in particular their price, quantity, as well as other terms.
  • 4.1.10. The Seller has the right to post information about the Goods on the Service.
  • 4.1.11. Other rights, opportunities and obligations determined at the discretion of the Service Administration.
  • 4.2. Rights and obligations of the Service Administration:
  • 4.2.1. The Service Administration has the right to amend this Offer.
  • 4.2.2. The Service Administration has the right to establish, cancel or change the fee for the services it provides, including unilaterally changing the amount of the Agency Fee.
  • 4.2.3. The Service Administration has the right to delete any information from the Service that violates this Offer, the law 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 the event of his illegal activity, as well as if the Seller's rating becomes negative.
  • 4.2.5. The Service Administration has the right to refund the Buyer for the Goods for which the Buyer left a negative review, if within 3 calendar days the Seller did not leave a counter comment on the negative review or did not contact the Service Administration. The refund to the Buyer is carried out from the Seller's personal account in full, taking into account all commissions and fees charged by third-party resources for making the payment.
  • 4.2.6. The Service Administration has the right to request documents for the Goods sold by the Seller, in particular confirming the source of their origin. At the same time, the period for withdrawing (receiving) funds by the Seller may be increased for the period of providing 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, video conferencing, 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 in the absence of a response from the Seller to requests and messages from the Service Administration for more than 48 (forty-eight) hours.
  • 4.2.10. The Service Administration automatically generates reports on the fulfillment of its obligations, in particular on completed Transactions in relation to the Seller's Goods (these reports are Agent's Reports in the meaning established by Article 1008 of the Civil Code of the Russian Federation). The relevant reports are generated and submitted by the Service Administration as it fulfills its obligations during the term of the Agency Agreement concluded as a result of the acceptance of this Offer.
  • 4.2.11. Other rights, opportunities and obligations arising from this Offer.
  • 4.3. The Seller hereby consents to the processing of his personal data in accordance with the provisions of the current legislation, the reflection of his data in the Personal Account and on the Service. The Service Administration has the right to use the Seller's personal data in order to fulfill this Offer in accordance with the terms of the current legislation.
  • 5. REMUNERATION AND PAYMENT PROCEDURE
  • 5.1. For the provision of services provided for by this Offer, the Service Administration has the right to receive an Agency Fee.
  • 5.2. The amount of the Agency Fee is indicated on the Service and may vary depending on the section of the Service in which information about the Seller's Goods is published.
  • 5.3. The basis for the payment of the Agency Fee is the execution (completion) of the Transaction between the Seller and the Buyer and the receipt of funds from the Buyer.
  • 5.4. The procedure for paying the Agency Fee - the payment of the Agency Fee due to the Service Administration is carried out by withholding it from the amount of funds received by the Service Administration from the Buyer as payment for the cost of the Seller's Goods.
  • 5.5. Funds due to the Seller for the Goods sold (sold) to Buyers, minus the Agency Fee, are subject to transfer to the Seller within 30 business days from the date the Service Administration receives a corresponding request from the Seller to receive (withdraw) funds, issued through the Seller's Personal Account.
  • 5.6. Payment of funds to the Seller is made by transferring funds from the current account of the Service Administration to the bank account of the Seller. The date of payment under this Agreement is considered to be the date of debiting funds from the current account of the Service Administration.
  • 5.7. Payment of funds due to the Seller is not made, and if such payment has already been made to the Seller, it is subject to return within 3 (three) business days from the date of presentation of the relevant requirement by the Service Administration, or is subject to withholding from other amounts of funds due to the Seller for other Transactions for the selling and realization of Goods, in the following cases:
  • Cancellation of the Transaction regardless of the grounds and reasons;
  • Invalidation of the Transaction regardless of the grounds and reasons;
  • The case specified in clause 4.2.5. of this Offer;
  • Other cases as a result of which the Service Administration refunded the Buyer for the Transaction with the Seller.
  • 5.8. There is no fee for registering the Seller on the Service.
  • 6. RESPONSIBILITY
  • 6.1. For violation of the terms established by this Offer, the Seller and the Service Administration shall be liable in accordance with the current legislation of the Russian Federation.
  • 6.2. Due to the peculiarities of the Service's functionality, the Service Administration cannot be held liable for the actions/inaction of Sellers and Buyers, including, but not limited to, non-compliance by the Seller and the Buyer with obligations under the Transaction, as well as for the legality of actions/inaction of Sellers and Buyers before the Transaction is made.
  • 6.3. The Service Administration does not regulate disputes and conflict situations between the Seller and the Buyer, and does not act as an arbitrator. Nothing in this Offer may 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, has the right to 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 the said liability 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 without prior notice to the Seller or with prior notice to the Seller, as well as without explaining the reasons, apply the following measures to the Seller:
  • 6.5.1. issue a warning to the Seller;
  • 6.5.2. delete the Seller's Personal Account from the Service, thereby prohibiting the Seller from using the Service;
  • 6.5.3. block the Seller's Personal Account for a certain period of time, set at the discretion of the Service Administration;
  • 6.5.4. prohibit the Seller from using certain sections of the Service for a certain period of time or without specifying a period.
  • 6.6. The Service Administration is not responsible for the non-fulfillment and/or improper fulfillment by the Buyer and the Seller of their mutual obligations, including, but not limited to, violation of the terms of quality, quantity, completeness, appearance and form of the Goods, violation of the terms of transfer of Goods, etc.
  • 6.7. The Service Administration is not responsible for the improper performance of obligations by third parties, in particular, by payment systems, credit institutions (banks), hosting providers and providers, mobile operators, etc.
  • 6.8. The Service Administration is not responsible in any form for the discrepancy between the content, functionality and purpose of the Service and the Seller's expectations. The Service is provided for use by Sellers on an "as is" basis.
  • 7. DISPUTE RESOLUTION PROCEDURE
  • 7.1. The Parties have established a pre-trial claim procedure for settling disagreements and disputes. The deadline for responding to a claim is 5 (five) business days from the date of receipt of the claim by the Party.
  • 7.2. If no agreement is reached on disputed issues, the dispute arising from the Agreement shall be considered in court at the location of the Service Administration.
  • 8. VALIDITY OF THE OFFER
  • 8.1. This Offer shall enter into force from the moment of its posting on the Internet on the Service specified in clause 2.1.1. of this Offer.
  • 8.2. This Offer is enacted for an indefinite period and becomes invalid upon its cancellation by the Service Administration.
  • 8.3. In the event of changes to the Offer, such changes shall take effect from the moment of publication of the new version of the Offer on the Service, unless a different effective date for the changes is specified additionally upon 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 is responsible for the negative consequences associated with failure to comply with this obligation.
  • 8.5. If the Seller disagrees with the relevant changes, the Seller must stop using the Service and refuse the services provided by the Service Administration. Otherwise, the continued use of the Service by the Seller means that the Seller agrees to the terms of the Offer in the new edition.
  • 8.6. The current version of the Offer is located on the Service at: https://GGsel.net/selleragreement
  • If the Service Administration provides you with a translation of the Offer from Russian, you agree that such translation is provided solely for the convenience of familiarization, and that your relationship with the Service Administration is governed by the Russian-language version of the Offer.
  • In the event of any discrepancies between the Russian-language version of the Offer and its translation, the version of the Offer in Russian shall prevail.