Seller Agreement

• 1. Subject of the agreement
• 2. Who can be a seller
• 3. Goods and cards
• 4. Orders and deadlines
• 5. Returns and claims
• 6. Money
• 7. Buyers' personal data
• 8. Liability
• 9. Changes and termination
• 10. Disputes
• 11. Moonberry's details

This agreement sets the conditions on which MOONBERRY LLC (TIN 03594126, state registration 999.110.1611928, address: Street 6, Building 21, Apartment 55, Zovuni village, Nairi community, Kotayk Province, 2406, Armenia; "Moonberry") lets the seller sell goods on the Moonberry marketplace (https://moonberry.am; the "platform") and acts on the seller's instructions.

This is a contract of adhesion (Article 443 of the Civil Code of the Republic of Armenia, the "Civil Code"): the seller accepts it as a whole by ticking "I accept" when sending the application. The agreement takes effect when Moonberry approves the application. The Armenian text is legally binding; texts in other languages are translations.

1. Subject of the agreement

1.1. Moonberry gives the seller a seller account on the platform: listing product cards, receiving orders, handing parcels to delivery, handling returns.

1.2. The seller sells goods to buyers in its own name: the contract of retail sale is made between the buyer and the seller on the terms of the Public Offer for Buyers. The seller is responsible to the buyer for the goods, their quality and compliance with the Law of the Republic of Armenia on Consumer Rights Protection.

1.3. The seller instructs Moonberry, in the seller's name and at its expense (an agency contract under the Civil Code), to:

• take payment for orders from buyers;
• refund buyers on cancellation, withdrawal and claims — under the rules of the offer and this agreement;
• receive buyers' return requests and claims and pass them to the seller;
• hand orders to the delivery service and answer buyers' questions about orders.

2. Who can be a seller

2.1. A seller is an individual entrepreneur or a company registered in the Republic of Armenia.

2.2. In the application the seller gives its legal form, legal name, TIN, legal address, tax regime, store name, contact phone, bank and account number, and attaches its certificate of state registration, and, where a representative applies, a power of attorney.

2.3. The seller is responsible for the information and documents being genuine and reports changes to them within 5 working days.

2.4. Moonberry reviews the application and may approve it, return it for corrections or refuse it, stating the reason.

3. Goods and cards

3.1. The seller lists only goods it has the right to sell and whose sale is not prohibited in Armenia. A card describes the goods truthfully: name, characteristics, photos, price, availability.

3.2. A Moonberry moderator checks each card before it is shown and after every change, and may reject it, stating the reason.

3.3. Prices are in drams and include taxes. A struck-through "previous" price must be the seller's genuine previous price.

3.4. The seller is responsible for having the rights to the photos and texts of its cards.

4. Orders and deadlines

4.1. The seller packs a paid order and hands it to delivery by the deadline the platform counts from the seller's schedule: the set number of working days after payment, by the set hour, without weekends and public holidays. The deadline is shown for every parcel in the seller account; a reminder comes 4 hours before it.

4.2. If a parcel has not been handed to delivery even a day after the deadline, the platform cancels it itself and refunds the buyer.

4.3. After three misses in a row — a parcel cancelled by the seller or cancelled for an overdue handover — the shop is suspended: its goods are not shown and new orders do not come in, while parcels already paid must still be sent. A parcel handed over on time resets the count. Moonberry decides on reinstatement.

4.4. The seller may cancel a parcel not yet packed if the goods are out of stock or it cannot send them. The buyer is refunded in full.

5. Returns and claims

5.1. The seller considers a buyer's return request within 3 days. If it does not answer, the request is approved automatically.

5.2. The seller inspects returned goods within 3 days of receiving them and decides what became of them. If it does not answer, the buyer is refunded automatically.

5.3. For a defect or wrong goods, the seller pays for the return shipping. When a buyer withdraws from goods of proper quality, the buyer pays for it.

5.4. The seller meets a buyer's demand about a defect within the period of the law from the day of the request: a repair — 20 days, a replacement — 7 days, a refund and a price reduction — 10 days; the time the goods travel to the seller does not count. Having repaired or replaced the goods, the seller marks it in the account and writes how the goods come back to the buyer. The seller accepts a price reduction by naming the sum; if it stays silent for 3 days, support sets the sum.

5.5. For every day a demand is late the seller pays the buyer the penalty the law provides — 1 % of the price of the goods.

5.6. If the seller disagrees with a request, Moonberry's support decides the dispute under the law and the offer, after hearing both sides. This does not deprive the parties of the right to go to court.

6. Money

6.1. Moonberry takes the money for orders on the seller's instructions. Moonberry's fee (commission), the procedure and timing of transfers to the seller, acts and reports are set by the Tariffs published in the seller account. Sales for real money start only after the Tariffs are published.

6.2. From the seller's money Moonberry keeps the amounts refunded to buyers for the seller's goods, the price reductions, the penalty of buyers' demands met late and the cost of return shipping the seller pays under this agreement.

6.3. The seller is itself responsible for its taxes and for giving buyers the documents the law requires, unless the Tariffs or the law provide otherwise.

7. Buyers' personal data

7.1. To fulfil an order, the seller receives the recipient's name and phone, the delivery office and the contents of the order. The seller uses this data only to fulfil the order and the return, does not pass it to third parties and does not use it for advertising.

7.2. The seller processes this data as an independent controller under the Law of the Republic of Armenia on Protection of Personal Data and is responsible for protecting it.

8. Liability

8.1. The parties are liable for failure to perform this agreement under the Civil Code.

8.2. If a buyer, a state body or a rights holder makes a claim against Moonberry because of the seller's goods, cards or actions, the seller compensates Moonberry for the losses.

8.3. For a breach of this agreement, Moonberry may take a card off display or suspend the shop, stating the reason; unfinished orders are then fulfilled or cancelled with refunds to buyers.

9. Changes and termination

9.1. Moonberry may change the agreement by publishing a new version with a date of effect no earlier than 15 days later, and informs the seller by email. By continuing to work after that date, the seller accepts the new version; a seller who disagrees may terminate the agreement.

9.2. The seller may terminate the agreement by giving Moonberry 15 days' notice and completing accepted orders and returns. Moonberry may terminate the agreement for a gross or repeated breach, after warning the seller.

9.3. After termination the parties settle accounts under the Tariffs, and obligations to buyers for goods already sold remain in force.

10. Disputes

10.1. The parties settle disputes by negotiation; claims are considered within 10 working days.

10.2. An unsettled dispute is heard by a court of the Republic of Armenia. The agreement is governed by the law of the Republic of Armenia.

11. Moonberry's details

• MOONBERRY LLC
• TIN: 03594126
• State registration: 999.110.1611928
• Address: Street 6, Building 21, Apartment 55, Zovuni village, Nairi community, Kotayk Province, 2406, Armenia
• Email: info@moonberry.am
• Phone: 37433060333