User agreement for the provision of services by the service “mediplus.me”
As amended on 10.09.2020,
Practise Logistics Company, registration No. 115334, address: 35 Ocean Village Promenade, GX11 1AA, Gibraltar (hereinafter referred to as the “Contractor”) and a capable individual, registering on the website mediplus.me (hereinafter referred to as the “Client “), enter into this Agreement on the terms below.
This Agreement is a public and official offer to an unlimited number of individuals from among the visitors of this site to use the services of the Contractor (public offer).
SECTION 1. TERMS AND DEFINITIONS
Sender – a legal entity registered in accordance with the established procedure in the territory of the country of location, who handed over express cargo to the postal company or express carrier for transportation.
Recipient – an individual whose data is indicated on the front side of the individual waybill of the express carrier or on the international postal waybill, and who is the final recipient of the express cargo.
Goods – any consumer goods intended for the personal use of an individual and not limited in circulation by the law of the country where the Sender or the Recipient is located. The purposes of using the Goods are determined in accordance with the legislation of the country of the Recipient.
Catalog – offers of goods from foreign sites presented on the Contractor’s website, compiled by automatically receiving data from the original pages of sellers and partial automatic translation into Russian. Any offers in the Catalog are not a commercial offer (public offer) and serve solely to familiarize users with the catalogs of foreign trade sites. The Contractor does not compose a description of the goods in the Catalog, cannot make changes to them, and is also not responsible for the content and accuracy of the information about the goods presented in the description.
SECTION 2. SUBJECT OF THE AGREEMENT
1. The Contractor undertakes, on behalf of the Client for a fee, to perform the following actions on his own behalf and at the expense of the Client (hereinafter referred to as the “Services”):
- Purchase of Products in stores in Spain, France or Germany (hereinafter referred to as the “Seller”) under the terms of this Agreement;
- Delivery of Goods purchased on behalf of the Client by transferring them to the postal service and / or to the carrier.
2. The Contractor withholds remuneration from the Client for his services in accordance with the tariffs posted in the section “About the Service” on the website mediplus.me.
3. The client expresses his consent and grants the Contractor the right to receive, store, process and transfer his personal data.
4. The Contractor reserves the right to amend this Agreement, Tariffs and terms of service unilaterally, in connection with which the Client undertakes to regularly monitor changes in the Agreement posted at https://mediplus.me .
5. The client accepts the terms of this Agreement and joins it by registering on the site. Changes to this Agreement are accepted by the Client by transferring funds to the Contractor or by transferring an order to the Contractor by clicking the “Place an order” button on the mediplus website.
SECTION 3. RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE AGREEMENT
1. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
1. The Contractor undertakes to provide the Client with the Services in a timely manner, as well as comply with the Client’s requirements related to the performance of these services, if these requirements do not contradict this Agreement, the information indicated on the mediplus.I website, as well as the current legislation of Spain, France or Germany.
2. The Contractor undertakes to maintain the confidentiality of the personal data provided by the Client and not disclose them to third parties, unless this is required to fulfill the terms of this Agreement.
3. Provide the Client with information on the execution of orders specified in this Agreement.
4. The Contractor reserves the right to refuse the Client to purchase any product without giving any reason.
5. The Contractor reserves the right to refuse to provide services to the Client, including cases where the Client uses obscene language in correspondence or communication.
6. The Contractor has the right at any time to demand from the Client to confirm his identity and / or confirm his right to use the bank card with which the payment for goods and services of the Contractor was made, namely: to request a copy of the civil passport, foreign passport, other identity card, the original and / or a copy of the bank card from which the payments were made to the Contractor, with the six central digits hidden, request a photograph of the client in frontal position with a passport in his hands, another identity card.
7. This Agreement applies to all Clients, regardless of the host country, and is binding. In case of violation by the Client of his obligations / rules established by this Agreement, the Contractor has the right to refuse to provide services to the Client. If the Client has committed these violations in the process of providing services by the Contractor (at any stage of the provision of services), the Contractor has the right to refuse to fulfill its obligations to the client unilaterally by notifying the Client in writing by sending a message to the personal messages section (in the Client’s personal account) and return the goods back to the seller / sender or suspend the delivery of the goods. All costs associated with returning the goods to the seller / sender, as well as the refusal of the Contractor to provide services, are paid by the Client within 3 (three) banking days from the moment the Client is notified or, if paid by the Contractor, are reimbursed by the Client by debiting all the necessary amounts from the Client’s account by the Contractor. Failure to deliver the goods to the Client (or other recipient) at the pickup point, in the cases established by this clause, is a legitimate act of the Contractor.
2. RIGHTS AND OBLIGATIONS OF THE CLIENT
1. By registering on the website or placing an order for the purchase of goods, the Client confirms that he:
- is the end user of the product;
- purchases goods not for resale;
- is not a member and is not a member of any military or terrorist organization / group;
- The product is purchased for personal use exclusively for peaceful purposes.
2. The client undertakes not to register more than one user account, and also not to register a user account on behalf of a person (real or fictitious) who is not.
3. The client undertakes to timely and in full pay the cost of the ordered goods, the cost of their delivery to the Contractor’s warehouse, taxes, duties, customs duties and other expenses arising in connection with the provision of Services by the Contractor, as well as the cost of the Contractor’s commission, the cost of delivery of the goods to The client. In the event of a shortage of funds, the Contractor has the right to suspend or stop serving the Client.
4. The Client undertakes not to use the ordered Goods for business purposes. The purposes of using the Goods are determined in accordance with the legislation of the country of destination.
5. The client is responsible for the compliance of the purchased goods with the delivery conditions of the postal service (carrier) and the customs legislation of the country in which it is located.
6. The Contractor has the right to publish on the website mediplus.me. and on the official pages of the mediplus.me service in social networks, written reviews of the Client left by the Client in the “Reviews” section on the mediplus.me website.
7. The client undertakes not to contact sellers / online stores directly on issues related to the goods that were purchased for him by the Contractor. When purchasing goods for the Client, the participants in the transaction are the Contractor and the seller / online store, Therefore, the Client has the right to contact the Contractor to clarify information, which, in turn, requests data from the seller / online store and informs the Client.
8. To send parcels by express delivery, it is necessary to provide TIN, passport data and passport scans. If incorrect information is provided, the customs will re-export the parcel. All costs for re-export and re-delivery of the parcel are paid by the Client.
9. The Client is obliged to pay all fees, fines, refunds and other debts to the Contractor or a third party, as well as additional expenses of the Contractor incurred in connection with the failure / improper performance by the Client of his obligations or the rules of this Agreement, or if such fees, fines, refunds, debts, additional costs, arose in the event of violation or abuse of other rules of the service. The Client undertakes to compensate the damage to the Contractor or a third party within 3 (three) banking days from the moment the Client is notified.
SECTION 4. PROCEDURE FOR PROVIDING SERVICES
1. TRANSFER OF FUNDS
1. When paying for the services of the Contractor, the Client at the same time undertakes to pay any fees arising in connection with this from intermediary banks and / or payment systems.
2. PLACING AN ORDER TO THE CONTRACTOR FOR THE PURCHASE OF GOODS
- Placing an order for the Contractor for the purchase of goods is possible:
a) by a link to the original product page through the “Checkout” option.
b) through the Product Catalog on our website. Information about price, delivery, taxes and other parameters of the product is loaded automatically. If there is a choice of parameters, the Client specifies them himself.
4. TERMS OF RETURN OF GOODS
1. The Client has the right to demand the return of the Goods to the Seller if the purchase was made on behalf of the Client, only with the explicit indication of the Seller on the possibility and conditions of returning the Goods.
3. The Contractor decides on the possibility of returning the goods, fully guided by the Seller’s decision on the possibility of returning. If the Contractor detects a defect, inconsistency with the declared name or shortage of goods, the return of the goods is possible subject to the payment by the Client for the services of the proceedings with the Seller.
4. If the Seller decides to refuse to return the Goods to the Client, the Contractor does not compensate the Client for the cost of the Goods.
5. All return operations are carried out in full accordance with the terms of the Seller, including but not limited to the timing, procedure and amount of compensation.
6. The Client must take into account the delivery time of the Goods from the Client to the Contractor, the processing time for the return in the Contractor’s warehouse (up to 5 working days) and the delivery time of the Goods from the Contractor to the Seller when calculating the possibility of returning the Goods to the Seller.
7. Refunds to the Client are carried out after a full refund of the cost of the goods by the Seller to the Contractor.
8. The commission for the services of the Contractor is not refundable, regardless of the Seller’s decision on the possibility / impossibility of returning the Goods.
9. When re-sending the exchanged product, the Client pays the full cost of processing the order by the Contractor in accordance with the rates indicated on the mediplus.me website.
5 . GOODS DELIVERY
1. Delivery of the Goods is carried out by the methods, on the conditions and at the rates specified in the section “About the Service” of the mediplus.me website, by transferring them to the following postal companies and / or express carriers:
- State Postal Company of Spain – Correos;
- private express carriers DHL, UPS, Shiptor LLC, EsteIT GmbH, Taowa Trading Ltd for Shiptor Express, Shiptor Air and Shiptor Priority shipping methods.
2. For all orders with shipping to third countries (Russia and CIS) Client will receive shipment from private individual as a “Gift”. In these cases MediPlus is operating as payment service providing an agent (private individual) who buy and ship Goods for Client’s request.
3. Payment for the delivery of the Client’s goods is made separately from the payment for the Goods themselves. The cost of delivery of the Goods to the Client is indicated after the goods are packed and weighed. After packing the goods, the Contractor does not open the packaged parcels and does not change the goods. In the event of a shortage of funds received from the Client, the transfer of the parcel to the delivery service will be delayed until the Client repays the debt.
4. The Contractor undertakes to transfer the packed parcel with the Client’s goods to the postal service (express carrier), which the Client indicated in the “Delivery” section when placing the order.
5. Services are considered fully rendered by the Contractor from the moment of transfer of the Client’s goods to the postal service (or express carrier).
6. The Contractor provides the Client with the opportunity to independently fill out an invoice (postal declaration), which will be included in the parcel (product).
7. The Contractor does not respond to the actions of the state mail, courier services and transport companies (express carriers) and cannot influence the speed of delivery. Delivery times indicated on the mediplus.me website are approximate.
8. In the event of an insured event (damage, shortage, loss on the way), the Contractor, upon the application of the Recipient, submits a claim to the appropriate service for reimbursement of the insured amount, the damaged goods are returned to the Sender. Upon receipt of the refund, the Contractor transfers compensation to the Client only equal to the compensation received from the Postal (courier) service within 3 working days after receiving compensation from the Postal (courier) service.
SECTION 5. CUSTOMS OFFICE
1. In accordance with the terms of this Agreement, the Client agrees to conclude a customs agency agreement with any customs representative who was involved on behalf of the Contractor or on behalf of the latter. For the purpose of customs declaration of goods, the agreement of the customs office is considered concluded with the Client from the moment the parcel is formed.
2. The Contractor is not responsible for the Client’s obligations for the collection of Customs duties upon delivery of the Goods and is not responsible for their accrual.
3. Any customs charges, taxes (including but not limited to value added tax if it is payable), fines or other costs that the Express carrier and / or Customs representative may incur liability as a result of the actions of customs or other government agencies authorities in accordance with the current legislation of the country of destination, are payable by the Client.
SECTION 6. LIMITATION OF LIABILITY AND FORCE MAJEURE
1. The parties are exempt from liability for partial or complete failure to fulfill obligations under this Agreement, if this failure was a consequence of force majeure circumstances that arose after the conclusion of the Agreement, as a result of extraordinary events that the participant could neither foresee nor prevent by reasonable measures (force major). Such events of an extraordinary nature include: flood, fire, earthquake, explosion, storm, epidemic and other natural phenomena, as well as war or military operations, etc.
2. The Contractor is not responsible for any expenses of the Client or direct or indirect damage that may be caused to the Client due to the use of the Contractor’s services, as a result of the use or inability to use the Services and incurred as a result of errors, omissions, interruptions in work, deletion of files, changes in functions , defects, delays in work during data transmission, etc.
3. The contractor is not responsible for the actions of the customs services of the recipient country and for the seized goods due to their ban on the import of the recipient country or for other reasons.
4. The Contractor is not responsible for the actions of related services and services used to provide the Services to the Client, but not owned by the Contractor, such as banks, postal services, Internet providers, e-mail services, payment systems, etc.
5. The Contractor is not responsible for the delivery time of the goods from the Seller to the Contractor.
6. The Contractor is not responsible for the timing of receiving responses from the Sellers and reserves the right to contact the Seller 14 days after the purchase of the goods.
7. The Contractor is not responsible for the quality and completeness of the goods received at its warehouse, and also does not provide a guarantee for the goods purchased by the Client using the Contractor’s Services.
8. Mediplus is not the owner or seller of the goods. All brands and trademarks shown in Internet offers and catalogs belong to their respective owners. The use of brands and trademarks, as well as all information on the product pages on the Mediplus website, is for informational purposes only, does not constitute a commercial offer and serves to familiarize users with the catalogs of foreign trade sites.
For the convenience of users, Mediplus.me may contain links to other websites. Mediplus accepts no responsibility for the content of third party resources.
9. The Client agrees not to make the Contractor a defendant or a co-defendant for any obligations and expenses related to damage caused to the Client as a result of the actions of third parties, including but not limited to the Seller, Postal and courier services, payment systems.
10. If the invoice is filled out by the Client or authorized representatives of the Contractor on behalf of the Client, the Client is responsible for the correctness and completeness of the information specified in the declaration and invoice.
12. The Contractor shall reimburse the Client’s losses at his request, and only if the claimed losses were the result of the Contractor’s mistakes made in the provision of the Services. In this case, the amount of compensation cannot exceed the commission of the Contractor.
SECTION 8. DISPUTE RESOLUTION
1. In the event of any disagreements and disputes related to the fulfillment of the terms of this Agreement, the parties resolve them through negotiations.
2. If it is impossible to resolve disputes through negotiations, disputes are resolved in court: if the Contractor is the respondent in the dispute, the dispute is considered in a UK court, applicable law is English law (UK law), if the Respondent in the dispute is the Client, the dispute is considered in court at the location of the Client, in accordance with the legislation of the country – the place of consideration of the dispute.