Terms and Conditions of the Buyer Protection Service
1. The Buyer Protection Service provides the users of Wallets in the YooMoney Service (hereinafter — the "Clients") with an opportunity to receive a refund for the products purchased using the Wallet at the expense of YooMoney, NBCO LLC (hereinafter — the "NBCO") according to a procedure and in cases established by these Terms and Conditions of Use of the Buyer Protection Service (hereinafter — the "Terms and Conditions").
Definitions of terms used in these Terms and Conditions are given in the Agreement on Making Money Transfers without Opening a Bank Account Using the YooMoney Service concluded between the Client and NBCO (hereinafter — the "Agreement").
These Terms and Conditions are a public offer and an integral part of the Agreement. Conclusion of the Agreement by the Client means its acceptance of these Terms and Conditions, full and unconditional acceptance thereof without any exceptions and/or restrictions.
2. The Buyer Protection Service can be provided subject to the presence of all of the following grounds:
2.1. The transfer is made for the purposes of payment for the product representing a material object and subject to delivery to the address specified by the Client;
2.2. The transfer was made to the bank account of the Russian seller, a commercial organization or sole proprietor registered in the territory of the Russian Federation, who concluded an agreement on information and technological interaction for making transfers of individuals with the NBCO, directly or through an intermediary;
2.3. The transfer is made using a Wallet or a bank card linked to it (the procedure of making a Transfer by the attached bank card is specified in the Agreement);
2.4. The seller has not fulfilled or improperly fulfilled their obligations to the Client as described in clause 3 of the Terms and Conditions;
2.5. The Client requested the seller to reimburse for the amount paid for the product but did not find fulfillment within the term established by the law or sale and purchase agreement.
3. The seller is recognized as not having fulfilled or having improperly fulfilled its obligations to the Client who paid for the product, in the following cases:
3.1. The product was not delivered to the Client;
3.2. The quantity of products delivered to the Client does not correspond to what was paid for;
3.3. The products delivered to the Client are significantly damaged during transportation;
3.4. The products delivered to the Client significantly differ from the description declared by the seller, for example:
The client received a completely different product (a calculator instead of a phone or an empty box);
The product is incomplete, it lacks important details, which prevents the Client from using it as intended;
The product is declared by the seller as genuine/original, but is not in reality.
4. The seller cannot be recognized as not having fulfilled or having improperly fulfilled their obligations to the Client in the following cases:
4.1. The product does not meet the Client's expectations;
4.2. The Client refused the products or returned the products to the seller for reasons other than those listed in subclauses 3.3, 3.4. of the Terms and Conditions;
4.3. The product has signs of use, if it was specified by the seller as previously used;
4.4. The product has defects which were specified by the seller in the description of the product;
4.5. The product does not fit the Client in size/style;
4.6. The product color corresponds to the description of the seller, but the color shade differs from the photo of the products on the seller's website or does not meet the Client's expectations.
5. In order to be provided with the Buyer Protection service, the Client shall contact the NBCO not later than ninety (90) calendar days following the day of making the Transfer to pay for the products using the feedback form, or by sending a letter to the email address support@yoomoney.ru. Requests are considered on the merits if they were sent from an email address (indicating the email address) provided by the Client to the NBCO in accordance with clauses 7.1. or 7.4. of the Agreement.
6. The NBCO has the right to demand, and the Client is obliged to provide within five (5) working days from the date of receipt of the relevant request, any other additional materials (information and/or documents) that the NBCO believes to be of importance in considering the Client's request. If the materials requested by the NBCO are provided by the Client later than one calendar day following the day on which these materials were requested by the NBCO, the deadline for consideration of the Client's request by the NBCO provided for in clause 8 of the Terms and Conditions shall be proportionally postponed.
7. At the Client's request, the decision can be made both in favor of the Client and in favor of the seller at the sole discretion of the NBCO, which is the unconditional right of the NBCO and can not be the basis for the Client's claims against the NBCO.
When making a decision on payment or refusal to pay a refund, the NBCO shall be guided by the principles of fairness, legality and balance of interests of all members of the YooMoney service and NBCO partners.
8. The NBCO shall make a decision on payment or refusal to pay a refund, and notify the Client of the decision within thirty calendar days from the date of receipt of the relevant Client's request. This period may be extended if by the time of its expiration, the NBCO has not received the information or documents from the third parties required to make a decision on the Client's request.
9. If the NBCO decides to reimburse the Client for the cost of the products, the reimbursement amount shall be transferred by the NBCO to the Wallet from which the respective transfer was made.
10. Any other amounts of money paid in connection with the purchase of the products, but not representing its value (for example, payment of an extended warranty, insurance premium, interest on the loan/credit amount due to which the products were purchased) are not refundable, except for delivery, if it was included in the purchase price paid using the Wallet.
11. Reimbursement can be refused in the following cases:
11.1. Non-compliance of the Client's request with any of the conditions provided for in clause 2 of the Terms and Conditions;
11.2. default by the Client of the deadline set by clause 5 of the Terms and Conditions;
11.3. The Client fails to provide additional materials requested by the NBCO in full or in any part within the period specified in clause 6 of the Terms and Conditions;
11.4. The Client has purchased products/services on the online marketplace, the rules of which provide for arbitration of disputes between sellers and buyers (reimbursement may be refused both in case the Client does not file a claim within the online marketplace arbitration, and in case the online marketplace refuses to satisfy the Client's claim);
11.5. Disputing a product payment transaction using a bank card according to the rules of arbitration of the payment system;
11.6. Abuse of the Client's rights when using the Buyer Protection Service (including, but not limited to: purchase without a real intention to buy the product, affiliation between the Client and the seller or relation of the Client and the seller to the same group of persons, systematic request of the Client for reimbursement within the Buyer Protection Service, etc.);
11.7. Violation by the Client of the Agreement or any other agreements concluded between the NBCO and the Client;
11.8. Wallet blocking on any basis;
11.9. Receiving by the NBCO of claims and complaints against the Client's actions from other Clients of the YooMoney service, NBCO contractors or partners;
11.10. The NBCO's suspicions that the YooMoney service is used by the Client for the purposes of legitimization (laundering) proceeds of crime or financing of terrorism;
11.11. When it was clear from the circumstances of the purchase that the seller does not intend to fulfill their obligations to the Client;
11.12. In other cases, when the NBCO has reasons to believe that the seller has duly fulfilled their obligations to the Client or the Client has not suffered damage.
12. Reimbursement of the cost of products within the Buyer Protection Service is not provided in the following cases:
12.1. The Client has an outstanding debt to the NBCO arising from the Agreement or any other agreements concluded between the NBCO and the Client;
12.2. The Client received a refund of the cost of the products from another source (directly from the seller, within the arbitration of the online marketplace where the products were purchased, or the payment system, which card was used to pay for the products, etc.).
12.3. In the request, the Client refers to the fact that the Transfer was made without their consent; in this case, the Client's request is considered according to the rules of clause 13.2. of the Agreement;
12.4. The Client has not fulfilled the product return conditions established by the seller, such as: did not return the product, did not fill in or presented the necessary documents, and therefore did not receive a refund from the seller.
13. The list of grounds for refusal to reimburse the Client specified in clauses 11 and 12 of the Terms and Conditions is not exhaustive. The NBCO has the right to refuse to reimburse on other grounds, if such decision complies with the principles set forth in paragraph 2 of clause 7 of the Terms and Conditions.
14. In case of refusal to reimburse the Client, the NBCO is not obliged to disclose the reasons for such refusal.
15. In case the NBCO receives information after payment of the refund that there are no grounds for the made payment, including in connection with the Client's receipt of the products, if the payment was made on the grounds set forth in subclauses 3.1. or 3.2. of the Terms and Conditions, or the corresponding refund directly from the recipient of the transfer or any third party, as well as in connection with the replacement of the products by the seller with the proper one. According to the sub-clause 5.6.8.6. of the Agreement, the NBCO is entitled to reduce the balance of electronic money in any Wallet(s) of the respective Client by the amount of the unjustified payment.
16. The NBCO has the right to demand from the Client who has been paid a refund within the Buyer Protection Service to return the products to the seller or the NBCO.
17. In case of payment by the NBCO of a refund in favor of the Client, the Client's rights arising from the sales agreement with the seller shall be passed to the NBCO. The Client shall be obliged to transfer the original sales agreement and any other documents related to its conclusion and execution thereof upon the NBCO's request.
18. The Terms and Conditions may be amended in the manner provided for by the Agreement to amend the Agreement.
19. The Client has the right to refuse these Terms and Conditions by unilateral refusal to perform the Agreement.
Publication date: April 25, 2022