1. Terms and Definitions
1.1. In these Rules, unless the context requires otherwise, the following terms have the following meanings and are an integral part of them:
- Marketplace - the website https://www.wabrum.com and the Wabrum mobile application, which are a service that provides access to information about goods intended for potential Buyers (consumers).
- The owner of the Marketplace - Entrepreneur Seitmuhamedov Azat Muradovich (according to the text of these Rules - Vabrum (Legal address: 744036, Turkmenistan, Ashgabat, On yil Abadanchylyk St. 137, Registration certificate No. 0227220 dated 23.06.2014, email: firstname.lastname@example.org).
- Buyer - any individual using the Marketplace under the terms of these Rules.
- Seller - is an individual entrepreneur, legal entity or self-employed citizen who sells goods and offers the Buyer to conclude a contract for the sale of goods by placing the Goods on the Marketplace.
- Goods - the subject of a sale and purchase agreement concluded between the Buyer and the Seller. The Seller is the owner of the Goods being sold. All relationships related to the purchase and sale of the Goods arise between the Seller placing the Goods on the Marketplace and the Buyer.
- Personal Account - a personal section of the Trading Platform that is not accessible to third parties, which serves for the purpose of placing Orders and issuing Services, as well as receiving special offers in accordance with these Rules, access to which is carried out after registration by entering the Buyer's authentication data.
- Order - the implementation by the Buyer of actions aimed at concluding an agreement for the provision of delivery services for the Goods, as well as the agreement / contracts for the sale of the relevant / relevant Goods / Goods with Vabrum and / or other Seller / Sellers, by placing an order for these services and Goods on the Marketplace …
- Services - delivery services provided by Vabrum to the Buyer in relation to the Goods purchased by the Buyer from Vabrum or other Sellers on the Marketplace.
- Delivery of goods "to the door" - delivery of goods to the address specified by the Buyer.
- A promotional discount - is a discount that is provided for a specific Product. The amount of the discount is indicated on the Product page. The price of the Product is indicated taking into account the promotional discount.
- A promotional code discount - is a discount that is provided for a specific group of Products when the Buyer places an Order.
- A promo code - is a special code that provides a discount for a specific group of Products and has a validity period. Promo codes are applied automatically. Only one promotional code can be applied to one item.
- Loyal Buyer Discount - is a discount provided to the Buyer under certain conditions set by the Marketplace.
2. General Provisions
2.1. By using the Marketplace, the Buyer agrees to the terms of these Rules.
2.2. The Marketplace provides the Buyer with a free opportunity to search for information about the Products, get acquainted with the product offers of Vabrum and other Sellers, the opportunity to receive (including based on search results) product offers and information, as well as other functionalities.
2.3. Vabrum has the right to independently and without notifying the Buyer select reviews for publication, including:
- any authorized Buyer can leave reviews about the Goods posted on the Marketplace, rate the Goods when using the Marketplace;
- along with the Buyer's review, his name will be published, indicated by him in the Personal Account of the Trading Platform;
- not to publish reviews, the content of which is not related to the topic of the Trading Platform, making purchases on it;
- not publish reviews, the content of which does not relate to the actual experience of using the relevant product;
- not to publish reviews that contain profanity, offensive statements, including photographs and images that are inappropriate for publication from an ethical point of view;
- not to publish reviews, comments containing links to other websites, personal data of third parties;
- remove the posted review at any time;
- independently determine the period during which reviews are considered relevant and for which they are published on the Marketplace.
2.4. The Buyer agrees that messages and materials posted by him on the Marketplace may be used by Vabrum, including in other Vabrum services and applications, in advertising or marketing materials posted on Vabrum's resources on the Internet, as well as on other resources and sites on the Internet, in order to attract the attention of other consumers to the Marketplace as a whole or to the goods and services of third parties, as indicating the author of the message or material (the name of the author will be indicated by the name of the Buyer, which he indicated during registration or in the settings of his data in the Personal Account), and without this, without the obligation to provide reports on the use of such messages and materials, without the need to obtain special permission from the Buyer and without payment of royalties, on the territory of the whole world without a time limit, with the right of Vabrum to provide the specified rights to use such messages and materials to third parties.
2.5. The Buyer agrees that the reviews and ratings he has left can be published and used by Vabrum on the Marketplace or on third-party websites without the Buyer's additional consent. In this case, reviews and images attached to it are published and used "as is" with the preservation of the author's grammar and punctuation, under the Buyer's name specified in the Personal Account. The buyer is responsible for the accuracy of the information contained in the reviews left by him.
3. Registration on the website
3.1. Only registered Buyers can place an Order on the Marketplace, while the Buyer has the right to register on the website only 1 (one) time, i.e. can have only one Personal Account.
3.2. Wabrum is not responsible for the accuracy and correctness of the information provided by the Buyer during registration.
3.3. The Buyer who has registered on the Marketplace receives individual identification by entering an SMS with an access code sent to Wabrum to the contact number indicated in the Personal Account. Individual identification of the Buyer allows you to avoid unauthorized actions of third parties on behalf of the Buyer and opens access to additional services. The Buyer's transfer of the access code to third parties is prohibited.
3.4. The Buyer is responsible for all possible negative consequences in case of transfer of the access code, as well as the credentials of the Personal Account to third parties.
4. Placing an order on the Marketplace
4.1. The trading platform is intended for the sale of the Goods of Vabrum and other Sellers, as well as the services of Wabrum for the delivery of the specified Goods to the Buyers.
4.2. By ordering the Goods sold by Wabrum on the Marketplace, the Buyer enters into a contractual relationship with Wabrum under the contract for the sale of the Goods.
4.3. When ordering on the Marketplace the Goods sold by other Sellers, the Buyer enters into a contractual relationship directly with the Seller selling this Goods under the sales contract. Delivery of the Goods, as well as accepting payment from the Buyers for the Goods purchased on the Marketplace, is carried out by Wabrum.
4.4. Mutual settlements with the Buyer for the Goods purchased by him on the Marketplace are carried out by Wabrum on his own behalf or on behalf of the direct Seller on behalf of the latter.
4.5. The buyer can get acquainted with the information about the seller of the goods when placing an order.
4.6. Delivery of any Goods purchased by the Buyer through the Marketplace is carried out by Wabrum or its official delivery partners.
4.7. Prior to placing the Order, the Buyer undertakes to familiarize himself with all the conditions for the provision of the Wabrum Services, as well as the purchase of Goods on the Marketplace. At the same time, obvious errors, including typos, made in the description of the Goods or in the description of the Service, are not legally binding.
4.8. Placing an Order on the Marketplace means the Buyer's agreement with all the essential conditions for the provision of goods delivery services by Wabrum and/or the essential conditions for the sale of the Goods by Wabrum or another Seller.
4.9. The essential conditions of the contract for the purchase and sale of the Goods concluded by the Buyer, as well as the contract for the provision of delivery services, are indicated in the description of the Goods provided on the Marketplace provided in the order form, as well as in these Rules.
4.10. By placing the Order, the Buyer agrees that Wabrum can entrust the execution of the contract to a third party, remaining responsible for its execution to the Buyer.
4.11. The Buyer confirms his agreement that:
registration data (including personal data) provided by him voluntarily;
registration data (including personal data) is transmitted in electronic form via open communication channels of the Internet;
registration data (including personal data) was transferred to Vabrum for the implementation of the purposes specified in these Rules and for the same purposes may be transferred to third parties;
registration data (including personal data) can be used by Vabrum in order to promote goods and services by making direct contacts with the Buyer using communication channels;
registration data (including personal data) can be used by Vabrum in order to send advertising and information to the Buyer via telecommunication networks, including via the Internet, in accordance with the Law of Turkmenistan "On Advertising";
for the purpose of additional protection against fraudulent actions, the registration data specified by the Buyer (including personal data) may be transferred to the bank carrying out transactions for the payment of Orders placed on the Marketplace;
The consent given by the Buyer to the processing of his registration data (including personal data) is indefinite and can be revoked by the Buyer or his legal representative by submitting a written application transmitted to Wabrum.
4.12. By placing an Order, the Buyer confirms that:
a) fully familiarized himself with the provisions of these Rules;
b) fully understands these Rules, as well as the subject and conditions of the contract concluded with Wabrum for the provision of delivery services for the Goods, as well as the contract for the sale of Goods with Vabrum or another Seller through the Marketplace;
c) fully understands the meaning and consequences of his actions in relation to the conclusion and execution of the contract concluded with Wabrum for the provision of services for the delivery of Goods, as well as the contract for the sale of Goods with Wabrum or another Seller through the Marketplace.
4.13. By placing an order on the Marketplace, the Buyer agrees to receive: (a) emails / push notifications that Vabrum may send to the Buyer; (b) messages (SMS) to the phone number specified by the Buyer, as well as (c) a call with a proposal to evaluate the quality of the Trading Platform to the phone number specified by the User.
4.14. Wabrum has the right to block for the Buyer the possibility of placing an Order in case of repeated cancellation of the Orders made by the Buyer, as well as in case of violation by the Buyer of these Rules.
5. Price and payment
5.1. An integral condition for placing an Order on the Marketplace is the conclusion by the Buyer with Vabrum of an agreement for the provision of delivery services for the Goods placed on the Marketplace.
5.2. Within the framework of one Order, the Buyer may conclude an agreement for the provision of the delivery service for the Goods of several Sellers, with the simultaneous conclusion of several sales contracts in relation to the Goods selected by the Buyer. When placing an order for less than 1000 manats, the cost of courier delivery is 20 manats in Ashgabat and 50 manats in other settlements of Turkmenistan.
5.3. The ownership of the Ordered Goods passes to the Buyer from the moment of the actual transfer of the Goods to the Buyer and payment by the latter of the full cost of the Goods, as well as the delivery of the Goods. The risk of his accidental loss or damage to the Goods passes to the Buyer from the moment of the actual transfer of the Goods to the Buyer.
5.4. The prices for the Goods are determined by the Sellers, and the prices for the delivery service are determined by Vabrum unilaterally and indisputably and are indicated on the Marketplace.
5.5. The price of the goods is indicated in manats of Turkmenistan and includes value added tax.
5.6. The Final Price of the Goods is determined by sequential action on the Price of the Goods of discounts in the following order:
- Promotional discount
- Discount by promo code
- Loyal Customer Discount
5.7. You can use the Loyal Customer Discount only through your Personal Account. To do this, you need to place orders by logging into the Trading Platform using your credentials specified in your Personal Account profile. A regular Buyer's discount is tied to a specific Personal Account, because calculated based on purchases made through it. In case of re-registration on the site, the purchase history and the loyal customer's discount are not transferred from the old Personal Account to the new one. The statistics of orders in the new Personal Account are kept from scratch. You can use the discount only through the Personal Account in which it is generated.
5.8. The Buyer placing an Order on the Marketplace is given the opportunity to choose a payment option in accordance with the methods provided by the Marketplace.
5.9. In the event that the contract for the sale of the Goods presented on the Marketplace is not concluded with Vabrum, but with another Seller who has placed an offer for the Goods on the Marketplace, payment is made to the account of Wabrum, acting on behalf of the relevant Seller in terms of receiving funds in the account of payment for the Goods with the involvement of an authorized payment acceptance operator or electronic money operator and is the recipient of the payment as a representative of the Seller.
5.10. In accordance with the terms of these Rules, the check is sent in electronic form to the appropriate section of the Personal Account. In case of disagreement with the proposed form of transfer of the check, the Buyer must provide an e-mail address at the time of ordering.
6. Rights and obligations of the parties
6.1. Wabrum undertakes:
- Process the Buyer's personal data in the manner prescribed by the current legislation of Turkmenistan and Wabrum's Policy regarding the organization of processing and ensuring the security of personal data.
- If the purpose of processing the Buyer's personal data is achieved, Wabrum undertakes to stop processing personal data or ensure its termination (if the processing of personal data is carried out by another person acting on behalf of Wabrum) and destroy personal data or ensure its destruction (if the processing of personal data is carried out by another person, acting on behalf of Wabrum) within a period not exceeding thirty days from the date of achieving the purpose of processing personal data, unless otherwise provided by an agreement to which the Buyer is a party, beneficiary or guarantor, or by another agreement between Wabrum and the Buyer.
- If the Buyer withdraws consent to the processing of his personal data, Wabrum undertakes to stop processing them or to ensure that such processing is terminated (if the processing of personal data is carried out by another person acting on behalf of Wabrum) and if the storage of personal data is no longer required for the purposes of processing personal data , destroy personal data or ensure their destruction (if the processing of personal data is carried out by another person acting on behalf of Wabrum) within a period not exceeding thirty days from the date of receipt of the said revocation, unless otherwise provided by the contract, the party to which, the beneficiary or the guarantor of which is Customer.
6.2. Wabrum has the right:
- Change these Rules unilaterally by posting them on the Trading Platform located at the Internet address: https://wabrum.com. All changes take effect immediately after publication, and are considered brought to the attention of the Buyer from the moment of such publication.
- Carry out records of telephone conversations with the Buyer. In accordance with the current legislation of Turkmenistan, Wabrum undertakes to: prevent attempts of unauthorized access to information and/or transfer it to persons not directly related to the execution of Orders, timely detect and suppress such facts.
- Transfer your rights and obligations to fulfill obligations to the Buyer to third parties without agreement with the Buyer.
- Wabrum has the right to demand from the Buyer 100% prepayment of the ordered goods. Wabrum has the right to refuse the Buyer to place an Order and deliver the Goods in the absence of such payment.
- Wabrum has the right not to deliver the Goods to the Buyer "to the door", including without 100% prepayment of the ordered Goods, at the address indicated when the Buyer placed the order.
- Cancel an Order with a non-cash payment method after 10 minutes from the date of registration, if payment has not been received.
- Limit the amount of goods delivered to the Buyer at the same time.
- Use "cookies" technology. "Cookies" do not contain confidential information and are not transferred to third parties.
- Receive information about the ip-address of the visitor to the www.wabrum.com website. This information is not used to identify the visitor and is not transferable to third parties.
- Send the Buyer advertising and informational messages via e-mail and sms-mailings with information about discounts, promotions, new arrivals, etc. The frequency of mailings is determined by Wabrum independently, unilaterally.
- Unilaterally cancel the Buyer's Order if the Buyer violates clause 6.3. of these Rules.
- Make restrictions on the amount of ordered goods for one day of delivery.
- Change the terms of the Promotions posted on the website of the Trading Platform www.wabrum.com, unilaterally without the consent of the Buyer, by posting such changes on the website of the Trading Platform www.wabrum.com.
- When delivering a prepaid order, demand from the Buyer the code for receiving the order, reflected in the Buyer's personal account. If the Buyer fails to present the specified code, refuse to issue the goods to the Buyer.
- The revocation of these Rules can be carried out by Wabrum at any time, but this is not a basis for refusal from the obligations of Wabrum and other Sellers who place the Goods on the Trading Platform under the agreements already concluded.
6.3. The Buyer undertakes:
- Prior to the conclusion of the Agreement, familiarize yourself with the content and terms of these Rules, the prices for the Goods offered on the Marketplace, as well as with the procedure and conditions for the provision of the Goods delivery service by Wabrum.
- In fulfillment by Wabrum of its obligations to the Buyer, the latter must provide all the necessary data that uniquely identifies him as the Buyer, and sufficient for the delivery of the Goods paid by him to the Buyer.
- Pay for the ordered Goods and their delivery in accordance with these Rules.
- Do not use the Goods ordered on the Marketplace for business purposes.
6.4. The buyer has the right:
- The buyer has the right to refuse to receive e-mail and sms-mailings.
7. Delivery and return of goods
7.1. Delivery of the Goods to the Buyer is carried out within the timeframe agreed by the Parties upon confirmation of the Order by a Wabrum employee and on the terms set forth in these Rules. If the Buyer does not receive the order within the agreed period, Vabrum has the right to cancel the order without further informing the Buyer. If the Order is prepaid, the funds are returned to the Buyer within the period established by law.
7.2. After receiving the Order by the Buyer, claims for the quantity, completeness and type of the Goods are not accepted.
7.3. Delivery of the Goods to the Buyer is carried out to the place indicated by the Buyer. The Buyer can specify any registered address within Turkmenistan as the place of delivery, in this case the delivery of the Goods is carried out "to the door".
7.4. Delivery "to the door" can be carried out at the address specified by the Buyer in the Order. The transfer of the Order to the Buyer and the settlement of the Buyer with a Wabrum representative who delivers is possible only in buildings.
7.5. Verification of the ordered Goods, as well as all mutual settlements of the Buyer with the representative of Wabrum, carrying out the delivery, are made in no more than 20 minutes.
7.6. The delivery time of the Wabrum Turkey Seller's Goods can take up to 30 calendar days, since the goods are delivered from the Wabrum warehouse in Istanbul (Turkey).
7.7. Delivery "to the door":
- Ordered items arrive in their original packaging and in a transparent bag. Delivery of the order is carried out in shipping packaging.
- After full payment of the order, the Buyer can, in the presence of the representative of Wabrum, who carries out the delivery, open the packaging and check the Goods for integrity, the absence of defects and the correctness of the investment.
- In the event that the buyer detects a violation of the integrity of the goods, a factory defect or other visually identifiable defects in the goods, including the discrepancy between the delivered goods and the order, the buyer informs about the discovered defect through an application in his personal account.
7.8. If the Buyer refuses the Goods, the Seller must return the amount to him no later than 10 days from the date of the return of the goods and the presentation of the corresponding demand. The amount paid by the Buyer is subject to refund, except for Wabrum's costs of shipping the returned goods from the Buyer.
7.9. If the Buyer does not pick up the order delivered to the specified address after receiving a push notification about the expiration of the storage period, such an order is marked as unclaimed. The amount paid by the Buyer is refundable, except for Wabrum's expenses for the delivery of the returned goods in the amount of 20 (twenty) manats for each unit. The money for the delivery service is not refundable.
7.10. The return of the Goods, the seller of which is Wabrum, is carried out at the choice of the Buyer by calling a representative of Wabrum at the address indicated by the Buyer.
7.11. All claims for goods sold by Wabrum, Buyers should send to the email address: email@example.com or by registered mail to the address: 744036, Ashgabat, st.10 yil Abadanchylyk 137. In case of sending a claim by e-mail, the Buyer agrees to receive a response to such a claim also in electronic form.
7.12. If Wabrum is not the seller of the Goods, the buyer has the right to create an application in his personal account or contact the direct seller directly.
8. Force Majeure
8.1. Wabrum is released from liability for full or partial failure to fulfill its obligations in accordance with these Rules, if this failure was caused by force majeure circumstances that arose after the Buyer accepted the terms of these Rules. "Force Majeure Circumstances" means extraordinary events or circumstances that could not have been foreseen or prevented by available means. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, hostilities, actions of state bodies of Turkmenistan, as well as any other circumstances beyond reasonable control.