1. General Provisions
1.1 The site https://darx.az/ is a platform with a wide range of goods and services that helps private entrepreneurs, large companies, individuals from all over the country and abroad to sell goods and services, and to buyers to buy.
1.2 Meaning of terms:
Website - the website https://darx.az/, which is a communication platform for the placement of temporary classified ads (hereinafter referred to as the Website).
The author of the announcement is a competent individual who has accepted the terms of this Agreement and publishes in the appropriate section of the site an advertisement with information about goods (services) for the purpose, including, but not limited to, subsequent sale or purchase of various goods and services by other Users.
Visitor - any person with access to the Site through the Internet and using the Site.
The site owner is a domain administrator, the owner of the rights to use the Site, its design, the programs included in it, information materials, graphic images that are elements of the user interface, and other objects that make up the Site.
User - Seller, Buyer, Ad Creator or Visitor who accepted the terms of this Agreement
Seller - a legal entity or an individual - an entrepreneur engaged in the sale of goods or services, registered on the Site and having access to the section of the Site “Company Cabinet”, in which he can publish information about himself (including contact information) about the goods offered and services, commercial offers and advertisements, other information
Buyer - any competent individual or legal entity, individual is an entrepreneur who has accepted the terms of this Agreement and who, using the capabilities of the Site.
Content - the protected results of intellectual activity that are posted by the User on the Site, including, but not limited to: the name and description of the product items, photos, product / service characteristics, advertising materials, information about the Seller or User, reviews, Announcements, and the like.
Announcement is a message with information about goods (services), which is placed by the Author of the announcement with the aim, including, but not exclusively, of subsequent sale or purchase of various goods and services by other Users. The content of the Announcement must comply with the requirements for Content and the Rules for posting information on the Site.
Account - the User’s electronic account (account) in the functional system of the site, which has a unique ID with which the User can manage his Services.
A personal account is a section of a site that allows a client of a certain company to access data on the status and statistical information of a personal account, order details, ongoing work on a project, etc.
Advertising services - services for advertising on the Internet.
Services - a set of services that are provided to Users on the Site in accordance with this Agreement. On a paid or free basis, including, but not limited to, services for registering Users on the Site, creating an account,, access to the Personal Account section of the site, using the Portal to place an ad, providing access, additional and advertising services, displaying Seller’s products in the catalog, as well as a set of actions related to providing Buyers and Visitors with the opportunity to select and order Seller’s goods / services, their communications with the Authors of announcements in the relevant categories, etc. Use of the Services is regulated by the current legislation of Ukraine
Agreement - this User Agreement .. This Agreement covers all existing (functioning) at the moment site services, as well as any subsequent modifications and additional services that appear in the future.
Ad placement rules are the requirements that the Ad Author must comply with when posting Ads in the appropriate section of the site, which are an integral part of this Agreement.
Ad Placement is the action of the User (Ad Author), which is expressed in the publication or activation of one or more Ads on the site https://darx.az/
2. Description of services.
2.1 The Site provides services that allow Users to register and create accounts on the Site, offer for sale goods or services of Sellers, place Advertisements, familiarize themselves with the offers of Sellers and Advertisement Authors and make purchases.
2.2 Paid services are provided on the website under the terms of the contract.
2.3 After successful verification when submitting the Announcement, the Author of the announcement gets access to the section of the Site “My Account - My Ads”, which stores information about him, the history of announcements and communication with Buyers or Visitors, other information and with which he can publish Announcements, not re-filling your data, determine the conditions and enter into transactions. If, at the time of publication of the first Announcement, the User was not registered on the Site, after successful verification it is automatically registered on the Site according to the data provided during verification.
2.4 The Site Owner is not a party to the electronic transaction between the Seller and the Buyer, the subject of which is the goods, works or services offered by the Sellers on their page. All transactions between Ad Authors and other Users are concluded directly, the Site Owner is not a party to such agreements, but only provides a communication trading platform for posting ads. The Owner of the Site is not responsible for the content of the transmitted or received information and for damage caused as a result of the use by the Users of the results of the Site services.
3. Rights and obligations of the Site Administration
3.1 The Site Administration is obligated to provide the possibility for the User to receive the Services in the manner specified by this Agreement.
3.2 The Site Administration reserves the right, at its sole discretion, to modify or delete any information that is published by the Users on the Site, to suspend, restrict or terminate the User’s access to the Site Services at any time and without explanation.
3.3 The Administration of the Site has the right to place advertising or other information in any section of the Site without the consent of the User.
3.4 In case of violation by the User of the terms of this Agreement (together with its integral parts), the Site Administration has the right to suspend, restrict or terminate the access of such User to any of the services unilaterally at any time. Moreover, the Site is not responsible for any damage that may be caused to the User by such actions.
3.5. The Site Administration has the right to send out messages to the Users (commercial offers), including electronic messages to the email addresses provided by the User or SMS-messages to the user's mobile phone numbers containing organizational, technical, information, marketing or other information about the possibilities Services on the Site. The user may at any time refuse to receive further such messages.
3.6 The Site Administration is obliged to provide the User with the opportunity to receive advice from the support service if the User indicates the identification data. The scope of consultations is limited to specific issues related to the provision of the Services.
3.7. The Site Administration has the right to moderate all Content and Ads for compliance with the requirements of this Agreement, the Rules for posting information on the Site, the Rules for posting ads, the Rules for publishing reviews, and in case of violations at any time, at its discretion, delete such information from the Site without giving any reason .
3.8 The Site Administration has the right to refuse to provide services to the Seller and terminate the contract unilaterally in case of violation by this Seller of the Rules for posting information on the Site.
4. Rights and obligations of the User
4.1 When registering or filling out an order form or submitting an Announcement, the User must provide true, accurate and complete information about himself and maintain this information up to date, corresponding to reality. The user undertakes to ensure the accuracy of the information provided. The user does not have the right to require the Site Administration to hide any information about him.
4.2 In case of providing false or incomplete information, the Site Administration has the right to suspend or unregister the User ..
4.3 The User agrees to use the Site only for legitimate purposes, as well as the rights and legitimate interests of the Site Owner.
4.4. The user does not have the right to perform actions that affect the normal operation of the Site and are its unfair use. The User agrees not to use any devices, programs, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or track the content of the Site.
4.5 The user agrees not to take actions aimed at gaining access to someone else’s Personal Account / Account by selecting a username and password, hacking or other actions
4.6 The user has no right to transfer, retreat, sell, transfer to use, etc. your username and password for access to the Site and Services to third parties without the consent of the Site Administration. In the case of transferring the login and password to any third party, the User is ultimately responsible for the actions of such a third party.
4.7 Sellers and Ad Authors guarantee that they have all rights to use the materials placed by them in advertisements, incl. intellectual property rights.
4.8 The user undertakes to provide, upon request from the Site Administration, additional information that is directly related to the Services (services) of this announcement.
5. Content Requirements. Division of responsibility
5.1 The publication of information (Content, including in announcements) on the Site should be carried out in full accordance with the requirements of the current legislation of Azerbaijan, the provisions of this Agreement.
5.2. The Seller’s offer to sell a product / service (Commodity item), which is published by him on the Site, must contain all that is provided for by the legislation of Azerbaijan.
5.2.1 the name of the Seller (contractor), its location and the procedure for accepting the claim;
5.2.2 main characteristics of the product / product (name of the product, name or reproduction of the mark for the goods and services for which they are sold, data on the main properties of the product, nominal amount (mass, volume, etc.), etc.) ;
5.2.3 price (tariff), including delivery fees, and payment terms;
5.2.4 conditions for the return or exchange of goods, the termination of the contract;
5.2.5 warranty and other services related to the maintenance or repair of products;
5.2.6 terms and conditions of purchase of products, other terms of delivery or fulfillment of the contract.
5.3 The Site Administration does not carry out mandatory verification of information and Content (including in Ads), which is posted by Users on the Site and is not responsible for the compliance of such information with the current legislation of Azerbaijan.
5.4. The Administration / Owner of the site is not responsible for errors, inaccuracies, omissions that were made during the registration or posting of information by the User, as well as any tangible or intangible losses incurred in connection with this (including lost profits).
5.5. The Site Administration is not responsible for the use (both lawful and unlawful) by third parties of the information posted on the Site, including their reproduction and distribution, carried out both within the Site and in other possible ways.
5.6. The Site Administration reserves the right to unilaterally delete the Content posted by Users at the request of copyright holders or competent state authorities, as well as if the posted Content violates the rights (including intellectual property rights) of third parties, or does not comply with The opinion of the Site Administration, the principles of public morality.
The Site Administration is also entitled to demand from the User supporting documents for the posted Content.
5.7 In case of occurrence in connection with the placement by the User of the Content or any information, advertising materials, or the content of advertising materials (compliance of the advertising content with the requirements of the current legislation) or the quality of goods / services that are advertised, claims, disputes, the application of penalties by third parties or controlling bodies or by court decision, such User agrees to consider and resolve these issues independently without involving the Site Administration, and also agrees to nsirovat the website owner in full damages, expenses, including penalties, caused by a breach of the terms of this Agreement.
5.8 All information posted by Users on the Site is considered the property of the Users who posted it, until there is reason to consider otherwise. Such responsibility is borne by such Users for the compliance of such information (Content) with the legislation of Azerbaijan. Site users do not receive any rights to use information posted by other users and are fully responsible to the owner of the information for it
6. Requirements for the quality of customer service
6.1 All Sellers are obliged to conscientiously fulfill their obligations to buyers, in particular, Sellers undertake:
6.1.1 in a timely manner, but no later than within 24 hours, to process orders and appeals of Buyers regarding the goods / services of the Seller, information about which is posted on the Portal;
6.1.2 timely inform the Buyers about the absence of the ordered goods or the impossibility of their delivery within the time agreed by the parties with the obligatory indication of the reasons and specification of the deadlines for fulfilling their obligations to the Buyer;
6.1.3 in a timely manner (no later than 7 days) to consider and give a reasoned response to complaints, claims and suggestions received from Buyers related to the activities of the Seller on the Site. Promptly interact with the Portal Administration in such cases, at the same time to inform the Site Administration about the results of the consideration of such requests, as well as comply with recommendations for improving the quality of service, and the like.
6.1.4 to comply with the requirements of the Law of Azerbaijan "On Protection of Consumer Rights" in relation to the rights of buyers (consumers) when they purchase goods / services on the Site
7. Limitation of liability.
7.1 The Site Administration is not responsible for any errors, omissions, interruptions, defects and delays in processing or transmitting data, interruptions in communication lines, destruction of any equipment, illegal access of third parties to the Site, which caused the User’s access to services to be restricted. The Site Administration is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failure of email services or scripts for technical reasons, for the normal functioning and availability of certain segments the Internet and the networks of telecommunication operators involved in the implementation of the User’s access to the Services.
7.2 The Site Administration is not responsible for the compliance of the entire Service or its parts with the expectations of the User, the error-free and uninterrupted provision of services, termination of the User’s access to the Services, as well as for the safety of the User’s login and password, providing access to the services for reasons related to technical malfunctions of the hardware or the software of the Site, and does not reimburse the User for any losses associated with this.
7.3 The Site Administration is not responsible to the User for restricting access to services, for terminating access to services if these restrictions and terminations arise due to force majeure circumstances that arose after the conclusion of this Agreement and the onset of which the Parties could not affect, including, but not limited to as follows: war, riots, strikes, sabotage, embargoes, fires, floods, natural disasters, deterioration of electronic or radiological conditions, explosions, actions or inaction avitelstva Azerbaijan or other countries, acts of state bodies or local authorities, changes in legislation of Azerbaijan, an accident on public networks, changes in the conditions of access to the linear cable communications and so on.
7.4 The Site Administration is not liable to the User or any third parties for any direct or indirect losses, including lost profits or lost data, damage to honor, dignity or business reputation, incurred in connection with the use of the services, or the inability to use it or unauthorized access to third party User communications.
7.5 The Site Administration is not responsible for any losses to the electronic devices of the User or another person, any other equipment or software caused by or associated with the use of services by the User.
7.6 The Site Administration is not responsible to Users or other third parties for:
7.6.1 the content and legality, reliability and completeness of the information (Content) provided / received by the User when using the services;
7.6.2 the quality of goods / services sold by Sellers on the Site, their delivery on time;
7.6.3 compliance of goods / services purchased through the Site with the expectations or requirements of the Buyer;
7.6.4 fulfillment by Sellers and Authors of announcements of their obligations to deliver to Buyers goods or services purchased through the Site or using the Ads section of the site, return or replace them, refund in case of termination of the contract, etc .;
7.6.5 fulfillment of warranty obligations by Sellers to Buyers for goods / services purchased through the Site;
7.6.6 compliance with the activities carried out by the Seller on the sale of goods / rendering of services to the requirements of the legislation of Azerbaijan;
7.6.7 fulfillment by Buyers of their obligations to pay for goods / services advertised by Sellers and Authors.
7.7 In the case of claims by third parties, including another User, against the Site Owner related to the use of the Site services by the User, such User undertakes to resolve such claims with third parties on his own, protecting the Site Administration from possible losses and proceedings, or take the side of the Site Administration in such proceedings, as well as compensate the losses to the Site Owner (including legal costs) incurred in connection with claims and claims related to the posting of materials, announcements and or the activities of the User on the Site.
7.8 The Administration of the Site will not be liable for any damage or loss directly or indirectly incurred by Buyers or Sellers / Authors of announcements as a result of the activities of Sellers / Authors of advertisements on the Site. The Site Administration is under no circumstances liable to Users or third parties for any indirect losses, including lost profits.
7.9 The Site Administration does not control the quality and timing of the delivery by Sellers / Authors of product announcements / services offered by them by posting relevant information on the Site or in ads in the appropriate section of the Site. As a result, the User accepts the condition according to which all goods and services offered through the Site by Sellers or Ad Authors are provided by them at their own responsibility and the sale of such goods / services is not related to the Site. The Buyer assumes full responsibility and risks for receiving goods and services offered by Sellers / Authors of announcements by posting relevant information on the Site / in the Announcement. The Seller / Author of the announcement assumes full responsibility and risks for the Buyers to pay for the purchased goods / services rendered by the Sellers or the Authors of the ads.
7.10 The Site Administration reserves the right to remove or block access to information posted by the User, without warning, in the following cases:
7.10.1 obtaining binding decisions of the competent state bodies of Azerbaijan .;
7.10.2 requirements of owners of intellectual property rights, including, but not limited to, copyright or related rights, rights to marks for goods and services, inventions and utility models, industrial designs, etc., on the cessation of violations his rights as a User on the Site / in the “Ads” section of the site;
7.10.3 other violation of the rights or legitimate interests of other users of the site, legal entities and individuals on their motivated appeal (including in case of violation of consumer rights);
7.10.4 the identification of information that is prohibited for posting on the Site or does not meet the requirements of this Agreement (together with applications);
7.10.5 revealing information about the Company or the Author of the announcement, indicating the unfair use of the Site, providing the User with false information, carrying out activities in violation of the requirements of the current legislation of Azerbaijan.
7.10.6 The Site Administration is not responsible for the actions of transfer systems, payment systems and for delays associated with their work.
8. Intellectual property
8.1 The totality of programs, data, trademarks, copyright objects, and other objects used on the Site when providing services is the intellectual property of its legal owners and is protected by the intellectual property law of Azerbaijan, as well as relevant international legal treaties and conventions. Any use of elements, symbols, texts, graphic images, programs and other objects that are part of the Site and belong to the Site, except as permitted in this Agreement, without the permission of the Site Administration or other legal copyright holder is illegal and may lead to judicial review and involvement of violators in civil, administrative and criminal liability in accordance with the legislation of Azerbaijan.