Terms and conditions of usage Telcell.Market website/app

Offer shall mean a public offer to conclude a contract, stipulated by Article 451 of the Civil Code of the Republic of Armenia.

Acceptance shall mean a response stipulated by Article 454 of the Civil Code of the Republic of Armenia, containing full and unconditional consent to accept the public offer.

Electronic trading platform services shall mean the services of the Tel-Cell Market CJSC on granting the right (authorization) to use the platform on telcell.market website and its derived platforms (applications) maintained by Tel-Cell Market CJSC.

Manager of the electronic trading platform shall mean the Tel-Cell Market CJSC, at whose disposal the telcell.market website and its derived platforms (applications) are.

Buyer shall mean a person who uses the services provided by the electronic trading platform and makes purchases on the telcell.market website and its derived platforms (applications).

Seller shall mean a legal entity and (or) private entrepreneur using the services provided by the electronic trading platform, selling goods on the website telcell.market and its derived platforms (applications).

Goods shall mean a property (tangible) unit with a certain value.

Payment shall mean the amount paid to the Seller for each purchase made by the Buyer on the electronic trading platform.

This offer is a public offer (hereinafter referred to as the Offer) of the Tel-Cell Market Closed Joint Stock Company (hereinafter referred to as the Managerof the electronic trading platform) to conclude a contract (hereinafter referred to as the Contract) on the terms and conditions set forth below. The Offer contains all essential terms and conditions of the Contract and is an offer of the Manager of the electronic trading platform addressed to any legal entity and private entrepreneur to conclude the Contract published on the website https://telcell.market/ on the terms and conditions set forth below (Offer Terms and Conditions).

2.1. The Buyer purchases goods on electronic platforms (applications) derived from the website https://telcell.market/ of the Manager of the electronic trading platform. When purchasing goods, the Buyer can attach a payment card issued by commercial banks operating in the Republic of Armenia to the electronic platforms (applications) of the Manager of the electronic trading platform https://telcell.market/ (the same payment card can be linked to only one user account). In this case, the data of the payment card attached by the Buyer is stored in the partner financial organization.

2.2. The Buyer has the right to cancel the purchase of goods exclusively through the electronic trading platform.

2.3. The Buyer has the right to return a nonfood product of proper quality, if the said product is not suitable in terms of shape, dimensions, color, size or for other reasons, and cannot be used by the consumer for its intended purpose, except for the goods included in the established name index

2.4. The Buyer has the right to return nonfood goods of proper quality within fourteen days, not including the day of purchase, unless a longer period has been announced by the Seller

2.5. The nonfood goods of proper quality purchased by the Buyer are subject to return if the said goods have not been used, their marketable appearance and consumer qualities, seals, labels, as well as the cash voucher issued to the consumer together with the sold goods have been preserved, and the requirements of the paragraph 2.4 have been complied with.

2.6. If on the day the Buyer contacts the Seller through the platform there are no similar goods available, the Buyer has the right to demand a refund of the amount paid for the goods.

2.7. Goods of proper quality may not be returned in the following cases:
(a) in case of the sale of goods that have the properties of rapid spoilage, decomposition or change in quality;
(b) in the case of the sale of sealed goods that are not returnable for reasons of health or hygiene and that have been opened by the purchaser after delivery;
(c) in the case of the sale of goods which by their nature are inseparably mixed with each other;
(d)in the case of the sale of sealed audio or video recordings or sealed software which, after sale and delivery, have been unsealed (opened) by the purchaser;
(e) in the case of the sale of newspapers, magazines, books or other printed material;
(f) in the case of the delivery of digital content on a non-digital media, if its performance has been initiated with the unconditional prior consent of the consumer, according to which the buyer thereby loses his right to return the goods.

2.7.1. The following nonfood goods cannot be returned:
(a) Goods for prevention and treatment of diseases at home (items for therapeutic (healing) and hygienic purposes made of metal, rubber, textile and other materials, medical instruments, devices and appliances, oral hygiene products, optical lenses, items for childcare), and medicines;
(b) Personal hygiene items (toothbrushes, combs, hairpins, curlers, wigs, hairpieces, etc.);
(c) Perfumery and cosmetic goods except the perfume (cologne);
(d) Cotton, linen, silk, woolen and synthetic fabrics, fabric-like goods made of nonwoven materials (ribbons, tapes, laces, etc.), cable products (wires, cords, cables, etc.), construction and finishing materials (linoleum, films, carpeting, etc.) and other goods sold by the meter;
(e) Knitted underwear, hosiery products;
(f) Goods and substances made of polymeric materials in contact with food products, including disposable (dinner and kitchen utensils and accessories, containers and packaging materials for storage and transportation of food);
(g) Household chemical goods, pesticides and agrochemicals;
(h) Goods made of precious metals, goods with precious stones, goods made of precious metals with inserts of semi-precious and synthetic stones, cut precious stones;
(i) Motorcycle vehicles, their trailers and numbered units, small mechanized means of transportation intended for agricultural work, and watercraft for household purposes;
(j) Civilian weapons, main parts of civilian firearms and ammunition for them.

2.7.2. In case of returning the goods, the transportation company's fee for the returned goods will not be refunded.

2.8. The Buyer is not entitled to unpack the dispatch before signing the relevant accompanying documents confirming the delivery, unless a report has already been drawn up for the damaged dispatch.

2.9. The Buyer shall perform all actions necessary to ensure acceptance of the transported goods in accordance with the contract. The Buyer shall inspect the accepted goods within the agreed period of time. The buyer shall within the same period of time check the quantity and quality of the accepted goods in accordance with the procedure established by law, other legal acts, the contract or customary business practices, and shall immediately notify the carrier in writing of any discrepancies or defects found. After inspection of the goods, the buyer actually accepts the goods or refuses to accept them.

2.9.1. The buyer may choose not to inspect the goods, but in this case the buyer will bear all negative consequences, i.e. the lack of possibility to make claims against the carrier regarding the defective property.

3.1. The Manager of the electronic trading platform does not have any information about the sold goods, their individual and (or) qualitative parameters and does not sell the goods. According to the Article 416(2) of the Civil Code of the Republic of Armenia, the Manager of the electronic trading platform is not liable for the obligations arising from the contracts concluded between the Seller and the Buyer (in this case between third parties) during the use of the platform.

3.2. The Party shall be released from liability in case of partial or complete failure to fulfill its contractual obligations, if such failure is caused by a force majeure arising due to extraordinary circumstances. Such extraordinary circumstances include natural disasters, accidents, floods, earthquakes, epidemics, fires, mass riots, strikes, military actions, entry into force of legislative acts of state bodies and governmental decisions directly or indirectly prohibiting the activities specified in the Contract, and circumstances related to failure/ malfunction of the settlement system, as well as any other circumstances beyond the reasonable control of the Parties, which prevent the fulfillment of obligations.

3.3. The Buyer hereby accepts that he/she has read the “General Terms and Conditions of Use of the Platform” and the “Privacy Policy”, which form an integral part of this Offer, and is responsible for the use of the platform and the consequences thereof.

3.4. The Manager of the electronic trading platform receives, collects, uses and transfers the Buyer's personal data solely in accordance with the “Privacy Policy” of the electronic trading platform. The Buyer hereby consents to the processing by the electronic trading platform of the data or any other information provided by the Buyer to the electronic trading platform.

4.1. This Offer is considered to be concluded from the moment of acceptance, without the signature of the parties. In accordance with the Article 454(3) of the Civil Code of the Republic of Armenia, the following actions of the person who has accepted the offer shall be considered as a proper acceptance of this Offer.

4.2. The performance of the following actions for acceptance of this Offer and conclusion of the Contract specified on the website https://telcell.market/ is mandatory:
(a) Reading the terms and conditions of this Contract;
(b) Confirmation by entering a special sign system that the acceptor has read the terms and conditions of the Contract and accepts them.

5.1. The Manager of the electronic trading platform reserves the right to update or otherwise amend this Contract unilaterally from time to time, notifying the Buyer in any way (including by e-mail, on the telcell.market website and applications, or by placing publications through other means of mutual cooperation). If the Buyer continues to log on to and/or use derivative electronic trading platforms (applications) of the Manager of the electronic trading platform, the Buyer agrees to the changed terms and conditions.

5.2. Unless otherwise provided by this Contract, all notices addressed by the Buyer to the Manager of the electronic trading platform under this Contract shall be in writing and sent to the TEL-CELL MARKET CJSC at the address:3 Hakob Hakobyan st., main building, 1st section, 3rd floor Yerevan, RA.. All such notifications shall be deemed received when received

5.3. The Manager of the electronic trading platform may send notices to the Buyer by e-mail or any other electronic channels, which shall be deemed received by the Buyer after they are sent

6.1. The Manager of the Platform may deny the Buyer's right to use the Platform or refuse to further exercise this right, if the Buyer, upon the Platform's request, fails to provide the necessary data, documents specified by the Platform, as well as if the Buyer commits such actions that are in apparent contradiction with the general provisions and rules for the use of the Platform.

6.2. Packages and other benefits of using the Platform may be provided for the Buyer, about which the Buyer can learn in the relevant sections of the Platform through updates and notifications.

6.3. The responsibility of the Platform Provider is limited solely within the scope of the admission (license) to use the Platform provided by it.

6.4. The Platform operates on the territory of the Republic of Armenia and is subject exclusively to the regulations and legal norms stipulated by the legislation of the Republic of Armenia.

7.1. Disputes arising between the parties within the framework of this contract shall be settled through direct negotiations between the parties 7.2 . If the disagreement is not resolved or no agreement is reached within one month from the date of commencement of the direct negotiations, the dispute shall be settled in accordance with the procedure established by the legislation of the Republic of Armenia.

7.2. In case of any difference between the Armenian, Russian and English texts or their interpretations, preference is given to the Armenian text.