1.1. This User Agreement (hereinafter – “Agreement”) governs the terms of use of the EXPRESS.MARKET platform owned by INTERNATIONAL DIGITAL RETAIL S.R.L. (Romania) (hereinafter – “Operator”). The Operator provides users with access to the online platform (hereinafter – “Site”) for listing products for sale and conducting transactions between sellers and buyers. Acceptance of this Agreement is a mandatory condition for using the Site; continuing to use the Site signifies the user’s full agreement with all its terms.
1.2. The following key terms are used in this Agreement:
1.3. The Operator acts solely as an aggregator (information intermediary), providing a platform for interaction between Sellers and Buyers. The Operator is not the organizer of any transaction, seller, buyer, intermediary, agent, or representative of any party to a transaction. All purchase and sale agreements are concluded directly between the Seller and the Buyer without the Operator’s direct or indirect involvement. The Operator is not liable for obligations arising from such transactions.
1.4. The Operator also does not act as the shipper or consignee of goods; delivery services are provided by independent logistics companies or by the Seller themselves. The Operator never takes ownership of any goods; the transfer of ownership from the Seller to the Buyer occurs directly according to the agreement between them (usually at the moment the Buyer receives the goods).
1.5. This Agreement, as well as related policies (including the Seller Offer, Buyer Offer, Return Policy, Privacy Policy, Prohibited Items and Content Moderation Policy, Packaging and Logistics Requirements) are published on the Site and available to all Users for review. The Operator reserves the right to amend this Agreement and the referenced policies unilaterally. Upon making amendments, the Operator publishes the new version on the Site, and such changes take effect upon publication. Continuing to use the Site after changes are made implies the User’s acceptance of the new version of the Agreement.
2.1. To gain full access to the Site’s functionality, a User must register by providing accurate and complete information (name, email address, phone number, and other required details). The User confirms that they have reached an age sufficient to enter into legally binding agreements (typically 18 years) and possess the legal capacity to use the Site.
2.2. During registration, the User agrees to provide truthful information about themselves and to keep it up to date. Each User is entitled to create no more than one account unless expressly permitted by the Operator. Transferring or selling an account to third parties is prohibited.
2.3. The User must maintain the confidentiality of their account credentials (username and password). Any actions performed in the User’s Personal Account following login are deemed to be performed by the User. In case of password loss or unauthorized access by third parties, the User must immediately notify the Operator.
3.1. Buyers have the right to browse the catalog of products listed on the Site, place orders, purchase goods from Sellers under the terms set forth in the Buyer Offer and this Agreement, and to contact the Operator for support if any issues arise with their order.
3.2. Sellers have the right to list information about their products (ads, product pages) on the Site, provided they accept the Seller Offer and comply with the terms of this Agreement and all applicable policies. The Seller must provide accurate, current, and complete product descriptions, including name, specifications, price (inclusive of all applicable taxes, including VAT), processing and delivery times, and any legally required information (e.g., labeling, warnings, age restrictions).
3.3. Users (both Buyers and Sellers) are prohibited from posting content on the Site that violates legislation or third-party rights. Specifically, it is forbidden to publish extremist, pornographic, or offensive material; to post information that infringes intellectual property rights; to share personal data of third parties without consent; or to disseminate any prohibited content. Users must refrain from using the Site to list products whose trade is restricted or prohibited by applicable law or by EXPRESS.MARKET policies.
3.4. Users agree not to perform actions that impose disproportionate load on the Site’s infrastructure, not to attempt to bypass technical limitations, and not to use automated scripts for data scraping from the Site without permission. Attempting unauthorized access to the Site’s functionality through non-standard interfaces is prohibited.
3.5. Users are responsible for complying with all applicable laws when using the Site. Sellers alone ensure that their products comply with relevant regulations (including safety, certification, labeling, and licensing requirements). Buyers must use purchased products in accordance with the law and are responsible for ensuring that import regulations of their country are met (e.g., when ordering restricted items or excisable goods, the Buyer must verify the legality of receiving them).
4.1. The Operator ensures round-the-clock access to the Site except during scheduled maintenance, technical failures, or force majeure events. The Operator undertakes to address any technical issues that arise within a reasonable timeframe but does not guarantee absolute uninterrupted or error-free service.
4.2. The Operator reserves the right, at its sole discretion, to moderate or remove any content posted by Users on the Site if it deems that such content violates this Agreement, applicable laws, third-party rights, or the Prohibited Items Policy. In case of rule violations, the listing may be removed, and measures up to restricting buying/selling capabilities or blocking the account may be taken against the violator.
4.3. The Operator may request supporting documents and information from a User if required to comply with applicable laws or its own verification procedures (e.g., identity verification, age verification, business registration documents, product certificates, special permits for certain categories). Failure to provide the requested information may result in temporary suspension of service or account blocking until compliance is achieved.
4.4. The Operator has the right to temporarily suspend a User’s access to the Site (or specific Site functionalities) for technical reasons or other circumstances preventing proper service operation. The Operator may also permanently suspend a User’s access and terminate this Agreement unilaterally, notifying the User, in the event of a material breach of this Agreement or applicable laws by the User, or if the User’s actions cause harm to the Operator, other Users, or third parties.
4.5. The Operator reserves the right to make changes to the Site’s functionality, design, services offered, pricing, and other parameters at any time. Such changes (if they do not affect the terms of this Agreement) may be made without prior notice to the User.
4.6. The Operator may appoint partners or subcontractors to perform certain platform functions (e.g., payment processing, delivery, user verification). The Operator ensures that such third parties are bound by confidentiality obligations regarding User data and compliance with this Agreement.
5.1. User Liability: If a User breaches the terms of this Agreement or applicable laws, the User must compensate the Operator for any losses incurred as a result of such breach (including fines imposed on the Operator due to User actions, court costs, and reasonable legal fees). The Seller is fully responsible for the quality, safety, and compliance of their products with advertised specifications and legal requirements. The Seller must resolve all Buyer claims related to product defects, nonconformity with descriptions, and third-party claims (including claims regarding product quality, safety, infringement of intellectual property rights, etc.), indemnifying the Operator from any liability arising from such claims.
5.2. Operator’s Limitation of Liability: The Operator provides the platform “as is” and makes no warranties or representations beyond those expressly stated in this Agreement. The Operator specifically disclaims all other express or implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement. The Operator does not guarantee that products listed by Sellers will sell or that Buyers will complete payment. The Operator is not responsible for the accuracy of information posted by Users on the Site, including product information, reviews, or any other user-generated content.
5.3. To the maximum extent permitted by law, the Operator shall not be liable for any damages incurred by Users arising from the use of, or inability to use, the Site, including lost profits, loss of data, or reputational harm. In any event, the Operator’s total liability to a User shall be limited to the amount of commission actually received by the Operator from the relevant transaction or €100, whichever amount is greater (or any minimum liability amount that cannot be excluded under applicable law). This limitation does not apply where the Operator’s breach was willful or grossly negligent, or in cases where applicable law prohibits such limitation of liability.
5.4. The Operator is not the manufacturer or seller of products listed on the platform and makes no guarantees regarding product quality or compliance. All claims related to product quality, safety, completeness, or adherence to descriptions must be directed to the Seller. The Operator may, at its discretion, assist Users in dispute resolution (e.g., providing a messaging platform, offering dispute mediation services) but does not guarantee that Buyer requests will be granted.
5.5. None of the provisions of this Agreement restrict a consumer’s rights granted under applicable law. If a User acts as a consumer, they retain all rights provided by consumer protection laws, which take precedence over any conflicting terms of this Agreement.
6.1. In case of any disagreements or disputes related to the use of the Site, the User and the Operator shall endeavor to resolve them through negotiations and pre-litigation settlement. A complaint may be submitted to the Operator by email or by mail to the Operator’s contact address. The Operator will review the complaint within 15 (fifteen) calendar days and inform the User of the outcome.
6.2. If the dispute cannot be settled out of court, it shall be resolved by the competent courts in accordance with applicable law. This Agreement is governed by Romanian law, taking into account rules of private international law. If the User is a consumer from an EU country, they also benefit from mandatory provisions of their local law to the extent applicable. Any disputes not resolved through negotiations shall be submitted to the courts at the Operator’s registered address, unless otherwise required by mandatory legal provisions.
6.3. Consumers from the EU also have the option of resolving disputes through the EU’s Online Dispute Resolution (ODR) platform. Information about ODR and links to it are available on the Site in the Help section. Using the ODR platform is not mandatory but may be a useful tool for out-of-court dispute resolution.
7.1. If any provision of this Agreement is found to be invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions. The parties shall replace any invalid provision with a valid one that most closely approximates the original in meaning and legal effect.
7.2. The Operator’s failure to enforce any provision of this Agreement shall not be deemed a waiver of the Operator’s right to enforce such provision later and does not constitute a waiver of any other provisions.
7.3. This Agreement is drawn up in Russian. In case of any discrepancy between translations, the Russian text shall prevail.
7.4. Any matters not covered by this Agreement are governed by applicable laws and the Operator’s local policies. The User confirms that they have carefully read all referenced documents, understand their content, and agree to abide by these rules.
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