Secure Transaction Offer
This Offer contains the conditions for the services provision by Sportmenu LLC arising from the use of the ‘Safe Transaction’ service under the conditions specified in this Offer.
The following text of the Offer is an official public offer addressed to individuals being Users of https://alpinbet.com).
Acceptance of the Offer terms is carried out in the form of implicative actions provided by the Offer, and means the unconditional acceptance by an individual of all the Offer terms without any exceptions or restrictions on the terms of accession in accordance with Art. 437 and Art. 428 of the Civil Code of the Russian Federation.
Acceptance of the Offer terms confirms the fact the ‘Safe Transaction’ Service Agreement was made.
The current version of the Offer is posted on the Internet at: https://alpinbet.com/offer-safe-transaction.
- TERMS AND DEFINITIONS
In this document capitalized terms have the following meanings:
Authorization – procedure for requesting and receiving by the Bank of a response to such request in the form of permission or prohibition on conducting a Card operation from the Card Issuing Bank or from the Payment System.
Bank – Joint Stock Company ‘Tinkoff Bank’ (Russian Central Bank license No. 2673, OGRN 1027739642281, location: 10, bldg. 1, 1st Volokolamskiy proezd, Moscow, 123060), providing the Bank Services to Users under the terms of this Offer.
Issuing Bank – financial establishment that issues the Card.
Verification – procedure for additional checking by the Bank of the Card and Card Holder, carried out in order to reduce the risks of unauthorized/illegal transactions with the sender's Card.
Card Holder – User in whose name the Bank or the Issuing Bank issued the Card.
Personal Account — User's personal section on the Website/Application associated with the User Account, where User can manage the Service.
Company — Sportmenu LLC, ensuring use of the Service by the Users.
Advertisement — an informational message with an offer on Goods (including contact information, photos and any related information), posted by the Seller on the Website/Application, addressed to an indefinite number of persons.
Bank Payment Page — Bank interface posted on the Website/Application, used by the User to enter the Card details and compose and transfer the Order.
User — a capable individual registered on the Website/Application, and joined this Offer, as also the Seller and the Buyer when mentioned together.
Buyer — User of the Website/Application registered on the Website/in the Application, viewing the Advertisements posted by the Seller, interacting with the Seller in relation to the Goods, having concluded a Transaction with the Seller using the Service.
Order — User acceptance sent to the Bank through the use of the Website/Application and the Bank Payment Page, containing information about joining this Offer and the User's order for the Bank to make a transfer based on the information provided by the Client and the Company.
Seller — User of the Website/Application, registered on the Website/Application and posting there Advertisements with a proposal to conclude a Transaction in relation to the Goods using the Service.
Application - an application that is a set of the Company's software installed on a User’s mobile device (phone and/or tablet computer and/or portable player and/or other device that supports the installation of such software), which makes it possible for Sellers to post Advertisements for the sale of Goods, and also providing the Buyers with the ability to search, view the Sellers’ offers in order to subsequently purchase Goods using the Service.
Website — Internet resource of the Company located on the Internet at https://alpinbet.com, which makes it possible for Sellers to post Advertisements for the sale of Goods, as also providing Buyers with the opportunity to search, view the Sellers’ offers in order to subsequently purchase Goods using the Service.
‘Secure Transaction’ Service (Service) - a service that allows the Seller and the Buyer, while fulfilling their obligations under the Transaction, to use the services provided by the Bank and the Company in accordance with this Offer, in the manner prescribed by this Offer.
Transaction – an agreement concluded between the Buyer and the Seller, in the manner prescribed by this Offer, having a subject of purchase and sale of the Goods using the Service, and establishing the procedure for the parties of the Transaction (Buyer and Seller) to fulfill its provisions.
Goods — goods, service (work), in respect of which the Seller places the Advertisement on the Website/Application; the subject of the Transaction.
Goods Value - price of the Goods expressed exclusively in Russian rubles, agreed by the Buyer and the Seller when concluding the Transaction on the Website/Application.
User Account - a set of User data stored by the Company, being a combination of unique login and password used to authenticate the User when entering the Personal Account in order to gain access to the Service.
- GENERAL PROVISIONS
- The Company and the Bank suggest Users to use the Service under the terms of this Offer.
- As part of the Service, the Company provides services to provide Users with the functionality of the Website/Application, which ensures the possibility of payment by the Buyer and the receipt by the Seller of the Goods Value by bank transfer using the Card (its details), as well as services for the information exchange between the Seller and the Buyer for the purpose of concluding and execution of Transaction made as part of the use of the Service.
Settlements within the Service are carried out by the Bank under the terms of this Offer.
- This Offer is considered to be accepted by the User at the time the User takes the appropriate actions:
- This Offer is considered to be accepted by the Buyer at the time the Buyer confirms his consent to pay for the Goods in favor of the Seller under the terms of Transaction using the Service by pressing a special button in the Website/Application interface;
- This Offer is considered to be accepted by the Seller at the moment the Seller confirms his consent to sell the Goods using the Service by pressing a special button in the Website/Application interface.
- The fact of Offer acceptance is recorded by the Company in electronic form and stored in the hardware and software complex of the Company. Extracts from the hardware and software complex of the Company can be used as evidence when considering disputes, including in court.
- The Website is a platform allowing Sellers, at their own peril and risk, to post offers addressed to an indefinite circle of persons to conclude a transaction in relation to the Goods, which the Sellers are entitled to dispose of (make offers), and the Buyer to accept Offer at their discretion and under their own responsibility by concluding a relevant transaction with the Seller. When concluding a Transaction, the Buyer enters into a direct contractual relationship with the Seller, from whom the Buyer purchases the Goods. The Company is not a party to the Transaction, Transaction maker, Buyer, Seller, intermediary, agent or representative of any User and/or other person interested in relation to the proposed/concluded Transaction between the Users. All performed Transactions between Users are concluded and executed without direct or indirect participation of the Company.
- By accessing the Service and concluding agreements by accepting this Offer, the User guarantees that he has all the rights and powers necessary to conclude and execute such agreements, including that he is an adult and fully capable person, or a minor declared by the decision of an authorized body fully capable (emancipation) or a minor who has reached the age of fourteen and received written permission in the form required by the law from parents or other legal representatives to conclude contracts. The Company has the right at any time to require the User to provide information and documents confirming the rights and powers, as indicated above.
- PROCEDURES AND TERMS OF PROVIDING SERVICE
- Advertisement Placement is carried out using the software and hardware of the Website/Application through the Personal Account. The Advertisement is considered to be placed by the Seller from the moment of its publication on the Website/Application. The Advertisement must contain all the necessary information provided for by requirements of the current legislation of the Russian Federation. The Advertisement cannot contain an offer to sell Goods prohibited or restricted in circulation in accordance with the legislation of the Russian Federation and the Rules.
- The terms of the Transaction concluded between the Seller and the Buyer are indicated by the Seller in the Advertisement. Before concluding a Transaction using the Service, the Buyer undertakes to carefully read all the terms of the Transaction and the characteristics of the Goods specified by the Seller in the Advertisement. The Buyer has the right to contact the Seller in order to clarify the terms of Goods sale by sending a text message in the Personal Account or in another way. Placing an order for the Goods means the Buyer agrees with all the conditions specified in the Advertisement.
- Until the Seller confirms the Goods dispatch using the Service, the Buyer has the right to refuse to purchase the Goods.
- The Buyer has the right to link a Card to his Personal Account to use the Service - for more convenient and quick payment for the Goods, for the return/partial return of funds in cases provided for in this Offer. In case of Card linking the Bank saves the details (link) of the User's Card in order to provide an opportunity to carry out repeated operations with this Card within the Service without re-entering its details. Also, the Buyer has the right to pay for the Goods by entering his Card details each time a Transaction is made (without a card linking).
- When the Buyer confirms his consent to pay for the Goods by clicking on a special button in the interface of the Website/Application using the Service, the Bank Payment Page is displayed for entering the Buyer's payment card details if it has not been linked earlier, and confirming the payment under the Transaction. By performing the actions specified in this clause, the Buyer gives an Order to the Bank to write off funds in the amount of the Goods Value from the Buyer's Card in order to make subsequent settlements with the Seller.
- If the Buyer has a Card linked to his Personal Account or when entering the Card details on the corresponding Bank Payment Page when paying for the order, provided that the Bank has received permission to conduct a Card operation as a result of Authorization and/or Verification, in case the Card balance is sufficient for paying the Goods Value and the Bank commission, the funds are debited from the Buyer's Card and credited to the Seller's Card. Funds are credited to the Seller's Card upon receipt of information from the Company about the occurrence of payment conditions, in accordance with the terms of the Transaction, in particular, information about the receipt of the Goods from the Seller and the absence of the Client's claims against the Seller (if applicable). In case of non-receipt of the relevant information from the Company, the Bank refunds in the amount of the Goods Value minus the Bank commission with the details of the Buyer's Card. Settlements under the Agreement are carried out exclusively in the currency of the Russian Federation.
- When confirming the Goods sale using the Service, the Seller must link a payment card to his Personal Account by entering the Card details on the corresponding Bank Payment Page. In case of Card linking, the Bank saves the details (linking) of the User's Card, in order to provide the ability to carry out repeated transactions with this Card within the Service without re-entering its details. Also, the Seller has the right to enter details of his Card without linking it.
- After the payment the Seller is automatically notified of the need to confirm the fact of the Transaction conclusion and the readiness of the Seller to send the Goods to the Buyer within the period established by the Company.
- The Buyer and the Seller shall independently pay all necessary taxes, fees and contributions payable in connection with the Transaction conclusion in accordance with applicable law, and independently bear the corresponding risks and responsibility in case of non-payment.
- The Buyer and the Seller understand and agree that additional fees may be charged when transferring funds to and from the card. The Bank is not responsible for fees charged by the receiving bank and/or the sending bank.
- For the service provision within the Service, the Bank has the right to charge the Client a commission in accordance with the Tariffs for payments, transfers and additional services posted at https://static.tinkoff.ru/documents/tariffs/acquiring.pdf. The commission is calculated on the transaction amount and is included in the total amount of the authorization request made with the Card, and is subject to debiting without additional instructions from the sender's Card in excess of the transaction amount on the date of debiting the transaction amount from the sender's Card.
- When using the Service, Users undertake:
- Properly fulfill the obligations provided for by this Offer, as well as the obligations under the Transaction concluded between the Users;
- When making settlements comply with the provision conditions provided for by this Offer;
- Not to use the Service for the purpose of carrying out business activities;
- Be careful when concluding a Transaction;
- Not to sell goods that are not specified in the Advertisement in terms of the Transaction;
- Information and technological interaction between the Bank and the Buyer/Seller in terms of making money transfers for the Goods is provided by the Company using the software, hardware and technical means of the Website/Application. When making money transfers, the Bank is guided by the Buyer Orders and information in the interface of the Website/Application.
- The Parties consider the data received from the Company to be sufficient and proper confirmation of certain events and actions of the Parties related to the Goods delivery within the Service and the fulfillment of User obligations within the Service. The fact of providing the User with services within the Service and their volume are determined based on the statistical data of the Company accounting system.
- COMMUNICATION WHEN USING THE SERVICE
- In terms of the Service, the Company and the Bank may send Users information messages related to the service provision within the Service. Messages of the Company and the Bank intended for Users can be sent individually to email addresses or to the User subscriber numbers provided by Users when registering a Personal Account, placing Advertisements on the Website or placing an order. At the same time, the User understands, accepts and agrees that the messages and/or their parts may be of an advertising nature, and may also contain advertising, informational and other messages of the Company's counterparties. Messages published on the Website/Application are considered delivered to the User from the moment of their publication. The Company may send Users transactional and service messages related to the User actions within the Service.
- Messages and User requests provided for by this Offer, as well as any other User requests intended for the Company, are sent by the methods proposed on the Website/Application, including a feedback form on the Website/Application.
- The User’s requests to the Company on issues related to the Service use are considered in the manner prescribed by this Offer. The communication between the Company and the User in terms of consideration of the User's request is carried out using the email address specified by the User.
- Messages from Users to each other can be sent through a specially proposed form of User communication within the Service. The User understands and agrees that the communication with other Users within the Service carried out using a specially proposed form of communication is not personal. The Company at any time has the right to view messages sent through a specially proposed communication form, including, without limitation, in order to fulfill the terms of this Offer. The Company does not guarantee that a response will be given to a message sent by one User to another User, nor does it guarantee the delivery of such a message to the User.
- Procedure for consideration by the Company of User requests:
- In case the User has claims regarding the Service or there is a dispute between Users related to the fulfillment of User obligations under the Transaction, the User has the right to contact the Company in order to resolve these claims and disputes by sending a message to the support service;
- A request must contain a problem description, documents confirming the position of the User, documents provided for by the terms of this Offer, as well as other necessary documents. The Company has the right to enquire from the User other documents and information necessary for the request consideration (including, without limitation, the conclusion of an independent examination, if such is necessary for the request consideration). If the User does not provide the documents and information enquired by the Company, the Company has the right to consider the User request without taking into account such documents or suspend request consideration until the User provides the necessary documents or information;
- During the request consideration the Company has the right to contact the other party of the Transaction in order to clarify the dispute circumstances and obtain the necessary documents or information. In case the Company considers a dispute between the Users, each of the Users has the right to provide arguments and evidence of the proper obligation fulfillment under the Transaction;
- Based on the results of User request consideration, the Company makes a decision based on the documents and arguments available to the Company;
- Users accept and agree that the decision made by the Company based on the results of User request consideration may serve as the basis for making settlements between Service Users (returning funds to the Buyer or transferring funds to the Seller).
- WARRANTIES AND RESPONSIBILITY
- The User shall be responsible for the actions performed within the Service in accordance with the current legislation of the Russian Federation and the terms of this Offer, including responsibility for the content of information posted by him and violation of the rights of third parties in relation to the Goods and/or information posted on the Website/Application, etc.
- The User shall be responsible for the Transactions concluded within the Service related to the Goods, and for the choice of counterparties for the transaction, and the consequences arising from the transaction. All Transactions in relation to the Goods are concluded between the Users directly. The Company/Bank are not participants and/or intermediaries of Transactions made within the Service based on the information received on the Website/Application; they do not control and are not responsible for such transactions.
- The Service is intended to be used for purposes not related to the implementation of business activities. The relations that are the subject of the Transaction are governed by the legislation of the Russian Federation, while the Users understand that certain provisions of the legislation of the Russian Federation, including in terms of consumer protection, may not apply to the User relations being subject of the Transaction.
- The User agrees that the Company and/or the Bank shall not be responsible for possible losses caused to the User in connection with suppression measures or violations prevention on the Website related to the restriction/blocking of User access to the Service.
- The Company shall not be responsible for non-fulfillment or difficulties in fulfilling of the User obligations, including obligations under the Transaction due to force majeure circumstances, the consequences of which cannot be avoided or overcome.
- The Bank shall not be responsible in cases when funds were credited to the Seller’s Card in violation of the terms and other requirements established by the User Agreement rules and the legislation of the Russian Federation due to the fault of the Issuing Bank or other persons.
- The Bank shall not be responsible for the untimely notification by the Buyer and/or the Company about the receipt of the Goods and the absence of claims against the Seller.
- The Bank shall not be responsible for mistakes made by the Users when completing the Order, as well as for providing incorrect Card details. In these cases, the services are considered to be rendered by the Bank to the Buyer properly and in full accordance with this agreement, and the Buyer will independently carry out further settlements with the Seller or the Company.
- The Bank has the right to refuse to provide User with the Bank services unilaterally and without justification, including if the Bank does not have the technical ability to provide them, if the parameters of the operation do not comply with the restrictions established by the Bank and/or User Agreement and/or applicable law on amounts and number of Card transactions, in case of revealing User operations containing signs of unusual transactions, or carrying reputational and/or financial risks for the Bank, as well as if the Bank has suspicions that the transaction is carried out with statutory non-compliance of the Russian legislation and/or the User Agreement rules.
- AGREEMENT DURATION
- Agreements concluded by accepting this Offer come into force from the moment the User accepts the Offer terms in the manner prescribed by this Offer, and are valid until the complete performance of Parties’ obligations.
- The Company reserves the right, at its sole discretion, to terminate or restrict the User access to the Service.
- The Company and/or the Bank has the right to amend and/or modify the Offer terms to the extent permitted by the current legislation, as well as to withdraw the Offer at any time. The Offer Modification Date is the date of publication of the new Offer edition. The User shall become familiar with the current version of the Offer posted on the Website/Application, and with the terms of each transaction before joining the Offer and making the transaction.
- The Transaction conclusion by the Users using the Service on entry into force of amendments in the Offer means that the parties have agreed to make the appropriate amendments and/or modifications to the Offer.
- The Company has the right to terminate agreements in the manner prescribed by the current legislation of the Russian Federation, with notifying the User through the Website interface, by e-mail or in another way.
- Service Use Agreement may be brought to an early termination initiated by the User by contacting the Company in the manner prescribed by this Offer.
- DISPUTES AND CURRENT LEGISLATION
- While resolving all disputes arising under this Offer, the current legislation of the Russian Federation is applied.
- Disputes arising under this agreement shall be referred for consideration in accordance with the current legislation of the Russian Federation.
- Invalidating of certain parts of this Offer does not invalidate its other provisions.
- The Company and/or the Bank has the right, and the User agrees, to process any information relating to the personal and/or contact data of the User, using or not using automation tools, including collection, systematization, accumulation, storage, clarification, use, distribution (including transfer to Bank partners and/or the Company partners, and cross-border transfer), depersonalization, blocking, destruction of personal data provided to the Bank in connection with the Service use, and other actions provided for by Federal Law No. 152-ФЗ dated 27.07.2006 ‘On Personal Data’. The User agrees to provide the information specified in this clause to the Issuing Bank of the recipient's Card and/or User Agreement for the purpose of fulfilling the terms of this Offer, as well as for any other purposes directly or indirectly related to the Bank's performance of its obligations under this Offer, and the offer of the Bank's products.
- The User guarantees that all the conditions of this Offer are clear to him, and he accepts the conditions without reservations and in full.
- In case certain provisions of this Offer terminate on grounds provided for by the legislation of the Russian Federation, this does not entail the termination or invalidity of the agreements concluded between the parties and their annexes in general.
- All User actions performed in accordance with this Offer are processed and recorded by the Bank and the Company at Moscow time. As the Agreement language and the language used in any interaction of the parties (including correspondence, provision of requirements/notifications/clarifications, provision of documents, etc.), the Russian language is determined by the parties.