TERMS & CONDITIONS

These Terms and Conditions (“Terms”) govern your use of the Website and constitute an offer (proposal) by the Agent to conclude an agreement with the User on the terms set forth herein. The offer is deemed received by the User upon accessing the Website. We kindly ask you to read these Terms carefully. By accessing the Website and/or using our Website and/or creating an Account and/or placing an Order (regardless of whether the Order was placed via the Account), you express your full and unconditional acceptance of these Terms and thereby fully and without any exceptions agree to provisions and undertake obligations set forth in these Terms. If you do not agree with any of the provisions of these Terms, please cease using the Website immediately.

Key Definitions

“Catalog” — a list of Goods available on the Website for search and inclusion in an Order. The mentioned list includes Goods that the Agent has the technical and organizational capability to purchase from at least one Seller, with estimated costs of purchase converted into Russian Rubles, based on which the Agent arrange purchases the Goods from the Sellers in case of Order’s placement and its subsequent confirmation.

“Website” — an Internet site located at www.bytr.com and operated by us, representing an online service through which any User may view the Catalog, select a specific Good from the Catalog, and place and pay for an Order regarding the selected Good.

“We” or “Company” or “Agent” — ALC MOBILE DIS TICARET LIMITED SIRKETI, a company duly incorporated under the legislation of the Republic of Türkiye, with details available https://bytr.com/en/ru/about-us.

“You” or “Customer” or “User” — any fully eligible and legally capable natural person located within the territory of the Russian Federation, accessing the Website and/or placing an Order on the Website, who has reached the legally required age for providing acceptance of these Terms and placing an Order.

“Order” — a request placed on the Website by the User to perform actions specified in Sections 2.5 and 2.8 of these Terms as well as other instructions specified in these Terms (including those specified in Section 2.7 of these Terms), including the Agent’s arrangement of purchasing the Goods selected by the User and organization of their delivery in Russia to the User.

“Goods” — one or more physical items from the Catalog, which purchase and delivery organization the User entrusts to the Agent to perform under separate Orders.

“Account” — a dedicated section (web page with interface) of the Website, through which the User’s personal profile on the Website can be accessed, and which contains a set of unique data (including personal data) for User’s identification and designed for using the Website’s functionality on behalf of the User, tracking Order fulfillment, and performing actions under various contractual relationships between the User and the Agent under these Terms. Access to the Account is provided using identification data by entering the User’s login and password.

“Customs Representative” — LLC « ALLER» (INN 9704250170), (OGRN 1247700614590) registered in the Customs Representative Registry in accordance with the EAEU Customs Code, and the contract for services of the Customs Representative is available at their website https://allersvo.ru/pdoa/.

“Seller” - a legal entity or an individual entrepreneur located in Türkiye.

1. Accounts

1.1. Certain services may require free-of-charge creation (registration) of the Account on the Website. Customers are responsible for providing full and accurate, and up to date information when creating the Account. To create an Account, you must follow the steps indicated on the Website in the relevant section.

1.2. Account credentials (login and password) are confidential. All actions performed through the Account are deemed to be carried out by the Customer.

The User is responsible for safeguarding their Account access data, as well as for all actions (including unauthorized actions by third parties) performed using their Account, and for the consequences of such actions. In case of loss or compromise of the login and/or password, the User must immediately notify the Agent. Until such notification is received, the Agent considers all actions performed using the Account to have been carried out by the User themselves.

1.3. The Agent reserves the right to unilaterally suspend or terminate Accounts in case of misuse, fraud, or violation of these Terms by the Customer without applying any liability measures against the Agent.

1.4. When updating personal data, the User must update such data in the Account on the day of change. The User bears negative consequences for failure to report updated personal data.

2. Catalog and Orders

2.1. Any description of each Good (including photographic images) in the Catalog is for informational purposes only and is compiled by automated collection of information from official websites of corresponding Sellers and/or respective online stores in Türkiye, and, if necessary, technically translated into Russian for informational purposes. The Agent, at its sole discretion, may unilaterally determine and periodically update both the list of Goods in the Catalog and the data regarding each Good, based on information collected by the Agent about Goods sold by Sellers, sale prices, etc. Descriptions, names, and trademarks of Goods in the Catalog are not a public offer to sell the Goods to Users. For avoidance of doubts, at the time of placing an Order by the User, the relevant Goods included in the Order are not available to the Agent.

2.2. By using the Website’s functionality, the User may place an Order by adding one or more Goods from the Catalog to the “Shopping Cart” and following the subsequent steps to complete the Order. When placing an Order, the User must select one of the available pickup points or an address where courier delivery is available.

2.3. Once the Order is completed by the User, it must be confirmed by the Agent for being binding on and mandatory for performance by the Agent. Once the Order is confirmed by the Agent, the User will receive a corresponding message via the Account or to the email address provided during Order placement, and the corresponding Order cost, as specified during Order placement, will be charged.

After confirmation by the Agent, information about the Order status, including estimated execution dates and progress, will be sent to the User via messages in the Account interface or using the User’s known contact details. The Customer confirms that no additional documents or information regarding Order execution (including those related to confirming the Agent’s expenses) from the Agent are required.

The parameters agreed in the Order fully constitute the User’s instructions regarding the Order and cannot be changed or supplemented in any manner other than by mutual agreement between the User and the Agent; in all other matters not regulated by these Terms and applicable law, the Agent is free to perform the Order.

2.4. Information on Goods on the Website constitutes an invitation to place an Order and does not represent a binding offer on the Agent’s side.

2.5. By placing an Order on the Website, the User grants the Agent an authority (instruction) to perform the following legal and other actions on the User’s behalf and at the User’s expense:

• actions that are related to organizing the search for Sellers to purchase the Goods specified in the Order confirmed by the Agent;
• actions that are related to concluding a retail sale contract with one or more Sellers for the purchase of Goods selected by the User and specified in the Order confirmed by the Agent;
• actions that are related to organizing delivery of the Goods specified in the Order to the User at a pickup point or via courier delivery to an address as specified in the Order confirmed by the Agent.

For the avoidance of doubts, the User is not required to issue a separate power of attorney to the Agent for representation before third parties (including Sellers); the Agent’s authority is based on these Terms and the relevant Order and contained therein.

2.6. The Order becomes mandatory for performance only upon the Order’s confirmation by the Agent.

2.7. Upon placing the Order, the Customer instructs the Agent to unilaterally cease to perform the Order, at the Agent’s discretion, at any time (including after Order’s confirmation by the Agent) in case of:

(a) unavailability of the Good specified in the Order in stock with the relevant Seller (including unavailability at the price specified in the Order);

(b) pricing errors for the Good;

(c) refusal by the Seller with whom the Agent concludes the sales contract under Section 2.8.1 of these Terms, to deliver the Good specified in the Order for any reason, or violation by such Seller of conditions for delivering the Good specified in the Order, which prevents the Agent from fulfilling its obligations to the Customer within the amount paid by the Customer;

(d) existence of any legal restrictions (including imposition of sanctions);

(e) actions by third parties that hinder the Agent from performing the User’s instruction (including actions by government agencies, counterparties, and other persons affecting Order execution).

The User agrees that the occurrence of the above circumstances is beyond the Agent’s reasonable control and at no fault of the Agent and constitutes objective impossibility for the Agent to fulfill the Order. In case of such rejection or cancellation of the Order by the Agent, no liability measures may be applied against the Agent.

2.8. In accordance with Section 2.5 of these Terms, the User confirms their agreement that once the Order is confirmed by the Agent, the Agent is authorized to perform, among other things, the following legal and actual actions on behalf of the User and in the interest of and at the expense of the User:

2.8.1. to conclude a retail sales contract for the Goods specified in the Order with a Seller (including actions for searching for the Seller and conducting negotiations), as well as perform actions related to payment for the Goods and the Goods’ delivery from the Seller to the Agent within Türkiye for further transportation of the Goods to the Customer in Russia.

2.8.2. to conclude an agreement with a foreign and/or Russian entity (entities) (including the Customs Representative) for organizing delivery of Goods to the territory of Russia from Türkiye and performing accompanying actions required for delivery to the Customer (including, without limitation: transportation, forwarding of Goods using any type of transport, temporary storage, sorting, and actions related to customs clearance of Goods for import into the territory of Russia, etc.), as well as perform actions related to payment for such services.

2.8.3. to perform other actions necessary for Order execution, including concluding a contract with a Russian entity for organizing delivery of Goods within the territory of Russia via courier service or to a pickup point at the address specified in the Order confirmed by the Agent, after completion of customs procedures and release of Goods by customs authorities.

2.9. The Agent is granted with the right to unilaterally and promptly change the final pickup point to the nearest available alternative in case of impossibility to deliver the Goods to the pickup point initially specified in the Order (including closure, overcrowding, cessation of activity), provided that the User is notified of the new pickup location via available communication methods.

2.10. The User confirms and agrees that the retail sales contract for the Goods specified in Section 2.8.1 of these Terms is governed by the laws applicable to such contract. The purchase of Goods is carried out on the territory of Türkiye. Since the Seller is a non-resident and located outside the territory of the Russian Federation, provisions of Russian law on consumer protection may not apply to such contract and related relations between the User and the Seller.

2.11. The Agent is not the seller of the Goods and acts solely based on the User’s instructions in accordance with these Terms and the relevant Order. In no event shall the Agent become the owner of Goods being purchased from the Seller; the ownership to the Goods is transferred from the Seller to the User in accordance with the terms of the relevant sales contract concluded by the Agent according to Section 2.8.1 of the Terms.

Since the Agent does not become the owner of the Goods under the sales contract specified in Section 2.8.1 of these Terms and is not the seller of the Goods, the Agent is not authorized to accept claims or complaints from the User regarding return or replacement of Goods of proper quality or hidden defects, etc. The User may address such claims, complaints, and notifications directly to the respective Seller with whom the Agent concludes the sales contract in the interests of the User. The Agent does not bear obligations related to return of Goods or refund of the price of Goods, except in cases directly specified in these Terms.

2.12. By placing an Order, the User confirms, understands, declares, and agrees that the User is not acting as an individual entrepreneur and is not placing the Order in the course of entrepreneurial activity, but rather placing the Order with the intention of purchasing the relevant Goods exclusively for personal, family, household, and other non-entrepreneurial purposes. If the User does not comply with the conditions of Section 2.12 of these Terms (including if the Agent has reasonable grounds to believe that the conditions of this Section 2.12 are not met), the Agent reserves the right to unilaterally refuse to perform the relevant Order without liability to the Agent.

2.13. The execution period of the Order is approximately 14-21 working days from the date of confirmation of the Order by the Agent, unless longer approximate terms are specified during Order placement. These Terms do not impose any obligations on the Agent regarding the timing of legal and other factual actions specified in Section 2.8 of these Terms.

The User is notified and agrees that the delivery terms indicated during Order placement are approximate, represent the minimum possible time, and cannot be precisely determined due to objective factors and peculiarities of international logistics.

2.14. Delivery, storage, and disposal times for Goods are established by the carriers’ rules. The User undertakes to independently review these rules. Information about the carrier providing services to the User under the Order is provided by the Agent via the Account or in email messages.

2.15. By placing an Order and paying the Order cost, the User confirms acceptance of the condition regarding the approximate delivery time of Goods under the Agent’s terms. The delivery time may be extended or shortened due to various circumstances beyond the Agent’s control (customs clearance, transport-logistics conditions, sanctions, banking restrictions on transfers and payments, unavailability of Goods with specified characteristics from Sellers, etc.).

2.16. In cases where the Agent requires additional information or documents to perform the Order, the Agent may request such information and documents and set a deadline for their provision by the User. The execution period of the relevant Order is extended by the period of provision of such information and documents by the User.

2.17. Once the Agent receives the Goods from the Seller, the Agent checks the Goods for compliance with the description (brand, model, color) and size specified in the Order, as well as for absence of shortages and visible defects (such as dirt stains, damage to clothing fabric etc.). The Agent does not possess the necessary knowledge or qualifications to assess the quality of Goods or detect hidden or any other non-visible defects; such actions are not part of the Agent’s mandate under the Order and are not its obligation.

2.18. The Order is deemed fully fulfilled after the Goods are delivered by a Russian entity engaged by the Agent according to Section 2.8 of these Terms for organizing delivery of Goods within the territory of Russia via courier delivery to the address or to a pickup point specified by the User in the Order.

2.19. If the User fails to provide all necessary data for customs clearance of Goods or if such data contains errors during Order placement, the Agent reserves the right, at its sole discretion, to refuse the Order at any time before fulfillment or suspend Order execution until the User provides the required data or information/documents. In such cases, the User remains obligated to reimburse the Agent for expenses incurred in performing the Order (including additional storage costs and return shipment to the Seller, if applicable), which the Agent may retain from all funds received from the User. In case of refusal by the Agent to fulfill the Order under this Section 2.19 of these Terms, the Order is deemed canceled at the time of sending the corresponding notification to the User via the Account interface or email address provided during Order placement. Upon cancellation, the Agent must pay (refund) the User within 30 working days the funds received from the User, minus the above-mentioned expenses. No liability measures may apply against the Agent in case of cancellation of the Order under this Section 2.19 of these Terms.

2.20. The User is obligated to accept all Goods delivered under the Order and is not entitled to unreasonably refuse their acceptance.

Refusal to accept the Goods by the Customer and their return is allowed only upon discovery of non-conformity or shortage or damage to the Goods, confirmed by a non-conformity report signed by the pickup point or courier service employee in the presence of the User, along with supporting photo or video materials. The User must carefully inspect the Order for non-conformity or shortage or damage at the time of receipt and exclusively in the presence of the pickup point or courier service employee. Otherwise, the Agent will be unable to reliably determine the existence of non-conformity or damage and their causes. The non-conformity report must be completed at the time of receipt of Goods by the Customer; otherwise, the Agent may refuse to accept such report as evidence. The non-conformity report, together with the claim, must be sent by the User to the Agent’s email within time limits specified in the Refund & Return Policy, with attached supporting photo or video materials.

2.21. If the Agent concludes a transaction with a third party on more favorable terms, the additional benefit belongs to the Agent.

2.22. The User may unreasonably cancel the Order only until the moment the Agent organizes the conclusion of the retail sales contract for the Goods under Section 2.8.1 of the Terms or in cases prescribed by mandatory provisions of applicable law, provided that the User compensates the Agent with any and all expenses incurred by the Agent.]

2.23. The scope of the Agent’s obligations towards the Customer under these Terms and the Order is limited only to those as directly prescribed in the Terms and does not include any Agent’s actions in relation to any defects in the Goods (except for cases prescribed in Section 2.20 of the Terms) or any communication with the Seller after the Goods’ delivery to the Agent by the Seller, including any services related to return of the Goods to the Seller.

3. Prices & Payments

3.1. Prices are displayed in the Catalog exclusive of customs duties, import taxes, and local charges that may apply in the destination country. Such duties, taxes, and fees must be paid by the User independently.

3.2. Payments are processed via authorized payment service providers.

3.3. The Agent is not responsible for additional fees imposed by banks, payment providers, or local authorities that arise during the performance of the Order; such additional fees shall be independently paid by the User.

3.4. By placing an Order, the User pays the Agent the Order’s cost calculated based on the parameters specified by the User (including selected Goods, delivery point), which consists of the following components:

3.4.1. costs (expenses) required to purchase all Goods in the Order;

3.4.2. costs (expenses) that the Agent will incur in performing the instruction under the Order related to organizing delivery of Goods to the territory of Russia as well as delivery to the Customer within Russia after customs clearance and release of Goods by customs authorities (for the avoidance of doubt, no taxes and charges as described in Section 3.1 of these Terms are included in the Order’s cost);

3.4.3. The Agent’s fee for the Order.

3.5. When placing the Order by the Customer, the relevant cost of the Order is reflected for the Customer as an aggregate amount already containing all components mentioned in Section 3.4 of these Terms.

3.6. Transactions between the User and the Agent are conducted in Russian rubles.

3.7. The User pays the Agent the Order’s cost via non-cash payments using electronic payment instruments (including payment cards), as well as other methods indicated on the Website. The User must use their own electronic payment instruments (including payment cards) when making payments to the Agent.

4. Delivery & Customs

4.1. Orders are shipped from Türkiye to the Customer under international (cross border) delivery terms.

4.2. Delays, seizures, refusals, or additional costs imposed by customs authorities shall not constitute grounds for cancellation of the Order or refund to the Customer and shall not be considered as the Agent’s breach of its obligations.

4.3. For proper execution of the Order by the Agent, the User must provide their personal data necessary for customs clearance of Goods during Order placement (including passport details, postal code, INN). By providing these data, the User authorizes the Agent to transmit them to the Customs Representative. Providing personal data to the Customs Representative shall be deemed as acceptance of the Customs Representative’s offer, the terms of which are available on the Customs Representative’s website, as specified in the “Key Definitions” section of these Terms.

4.4. The User interacts with the Customs Representative independently. The Agent does not bear obligations related to customs clearance of Goods.

4.5. If the amount of Goods exceeds the limit for duty-free importation established by law for individuals, customs duties and fees for the excess amount are charged in accordance with current legislation. The engaged Customs Representative will send the User a form or payment details for independent payment of the corresponding amounts using the contact details provided by the User during Order’s placement.

5. Right of Withdrawal & Returns

5.1. Due to the international nature of sales, return procedures may differ from domestic consumer rules.

5.2. Return shipping costs, customs fees, and related expenses are borne by the Customer.

5.3. Used, damaged, or customs held Goods may not be eligible for return.

6. Defective, Damaged or Lost Goods

6.1. Claims regarding defective, damaged, or lost products may be submitted by the Customer to the Agent within a reasonable period of time, and in any case no later than the time limits specified in the Refund & Return Policy following delivery of the Goods with consideration of Section 2.20 of these Terms (or, in the case of lost Goods, following the expected delivery date as detailed in the Refund & Return Policy), and must be supported by clear and sufficient photographic and/or video evidence, as well as relevant delivery, tracking, or carrier records, where applicable.

6.2. The Agent reserves the right to review and verify each claim and may request additional information, documentation, or inspection, including cooperation with logistics providers or suppliers, prior to determining the appropriate remedy. The initial review and verification period by the Agent may take up to 7 days from the date of receipt of the claim from the User.

6.3. Subject to the outcome of such verification and in accordance with applicable law, the Agent may, where appropriate, offer repair, replacement, or refund depending on what options are feasible considering the terms of the sales contract concluded under Section 2.8.1 of these Terms.

The selection of the remedy shall take into account the nature of the issue, feasibility, and proportionality.

6.4. A claim may be rejected where it is reasonably determined that: • the issue arose after delivery and is not attributable to the Agent or its suppliers; • the Good has been used, modified, or handled beyond what is reasonably necessary to identify the issue; • the evidence provided is insufficient, inconsistent, or does not reasonably substantiate the claim; • the loss or damage resulted from circumstances beyond the Agent’s reasonable control, including actions or omissions of third-party carriers or customs authorities.

6.5. The Agent does not accept for return or replacement those Goods that match what the User ordered in the Order. For example, if the Goods do not fit by shape, or dimensions, or size, or style, or color, or configuration, they cannot be claimed for return.

6.6. The color of the Goods may differ from the color shown in the photograph of the Good in the Catalog at the time of Order placement due to different production batches, materials, screen technical features (including color settings), and/or lighting conditions during photography, and such differences are not considered defects.

6.7. For return under the Refund & Return Policy, the Goods must be unused (including unworn, unwashed), with preserved seals, and factory labels. The return must be sent in the original packaging.

6.8. Refund of funds to the User’s account is made within 30 days from the date when the User’s claim is accepted and confirmed by the Agent as subject to satisfaction in the relevant part.

6.9. Without prejudice to this Section 6 of these Terms, the User is entitled to apply directly to the Seller with their claims in relation to any defects in the Goods with consideration of terms and conditions of a sales contract concluded by the Agent in the interests of the User under Section 2.8.1 of these Terms.

6.10. If and to the extent the User applies to the Agent under this Section 6 of the Terms and the Agent confirms the User’s claim, the User agrees and confirms that, by providing the User’s claim to the Agent and returning the Goods to the Agent, the User instructs the Agent, on behalf of the User, to arrange a destruction of the relevant Goods or to sell the Goods as second-hand products to any third party or to return the Goods to the Seller, depending on what option the Agent considers to be more appropriate. The User hereby agrees and confirms that in relation to the above-mentioned Goods the User receives only those amounts that are directly prescribed in the Refund & Return Policy and no additional funds are compensated or paid to the User by the Agent; any and all funds the Agent may receive from third parties upon performing the above-mentioned instructions are fully due to the Agent as a matter of compensation for the relevant Agent’s expenses and costs as well as remuneration for the performance of the relevant actions.

7. Limitation of Liability

7.1. The Agent shall not be liable for loss of profit, indirect, consequential, or economic losses.

7.2. The Agent is not liable for the actions or inactions of third parties, including, without limitation, Sellers, carriers, logistics operators, payment services, customs authorities, and for consequences arising from such actions or inactions.

7.3. The Agent does not guarantee uninterrupted or error free operation of the Website.

7.4. The Agent is not liable for breach of obligations under these Terms if such breach is due to non-performance or improper performance of the User’s obligations.

7.5. Since the Agent is not the seller of the Goods, the Agent is not liable for quality, visible or hidden defects, completeness, conformity of the Goods to stated characteristics, or the User’s expectations, except for cases directly prescribed in Section 6 of these Terms.

The User acknowledges that Goods are purchased in Türkiye, and the Agent cannot be held liable for failures or restrictions in the operation of certain Goods’ functions in the territory of the Russian Federation, including those imposed by the manufacturers. Unless otherwise is prescribed in Section 6 of these Terms, in case of return of Goods (including due to defects) or submission of other claims, the User must directly contact the Seller with whom the sales contract was concluded under Section 2.8.1 of these Terms (information about the Seller is provided to the User during Order execution via messages in the Account or through other methods using the contact details provided by the User during Order placement).

7.6. The Agent does not provide warranty obligations to the User regarding the Goods. Any warranty obligations regarding the Goods are determined in accordance with the terms of the sales contract for the Goods concluded by the Agent under Section 2.8.1 of these Terms.

7.7. The User bears responsibility for the accuracy and completeness of the information provided in the customs declaration, which is prepared based on data provided by the User to the Agent.

8. Intellectual Property

All content on the Website, including trademarks, texts, images, and software, is the exclusive intellectual property of the Agent or its licensors.

Unauthorized use of the Agent’s intellectual property and its licensors’ intellectual property is strictly prohibited.

9. Amendments

The Agent reserves the right to unilaterally amend the Terms at its discretion at any time and without any special notification of the Users. Updated versions of the Terms become effective upon publication on the Website in the relevant section. We recommend regularly checking the Terms for updates. Changes to the Terms do not apply to Orders placed by Users prior to the entry into force of the corresponding changes.

10. Force Majeure

Neither party shall be liable for failure or delay caused by events beyond reasonable control, including but not limited to natural disasters, war, strikes, governmental actions, or logistics disruptions.

11. Evidence Agreement

The Customer agrees that the Agent’s electronic records, logs, and system data constitute valid and binding evidence in disputes unless proven otherwise by objective evidence provided by the Customer.

12. Governing Law & Jurisdiction

These Terms are governed by the laws of the Republic of Türkiye without prejudice to mandatory provisions of applicable law on consumer protection that are applicable to relations with the User (if any).

All disputes shall be subject to the exclusive jurisdiction of Istanbul (Central) Courts and Enforcement Offices without prejudice to the rights granted to the User under mandatory provisions of applicable law on consumer protection (if any).

13. Language Priority

These Terms are made in English. Russian translations are provided for informational purposes only.

In case of discrepancy, the English text shall prevail.

14. Acceptance & Entry into Force

By accessing the Website and/or registering the Account and/or placing an Order, the Customer confirms having read, understood, and accepted these Terms in full and gives their consent to the Terms without modifications or additions.