Intermediary Agreement (Offer) for the Seller
This Intermediary Agreement (hereinafter referred to as the "Agreement") is a public offer (proposal) made by the individual entrepreneur, legal entity, or individual seller (hereinafter referred to as the "Seller") to enter into a contract with the users of the komtek.uz platform (hereinafter referred to as the "Platform") under the terms set forth in this Agreement.
1. General Provisions
1.1. By listing products on the Platform, the Seller agrees to the terms of this Agreement, enters into obligations to the Platform and buyers, and acknowledges that they are aware of the Platform's rules, their products' compliance with the legislation of the Republic of Uzbekistan, and obligations related to taxation.
1.2. This Agreement regulates the relationship between the Seller and the Platform regarding product listing, sales, delivery obligations, commission payments, taxes, and other obligations.
1.3. The acceptance of this offer is made by registering the Seller on the Platform, listing products, and accepting the terms of this Agreement.
1.4. The Platform provides intermediary services for concluding sales contracts, as well as a technical platform for product listing and promotion.
2. Subject of the Agreement
2.1. The Seller agrees to list products on the Platform, and the Platform agrees to provide the Seller access to the functionality for listing products, processing orders, and making payments with buyers.
2.2. The Platform is not a party to the transaction between the Seller and the Buyer but provides the technical and informational support necessary for transactions.
3. Rights and Obligations of the Parties
3.1. Obligations of the Seller:
3.1.1. The Seller agrees to provide accurate information about the products, including description, price, product condition (new or used), and confirm that the products comply with the legislation of the Republic of Uzbekistan.
3.1.2. The Seller agrees to comply with the legislation of the Republic of Uzbekistan, including in the areas of taxation, consumer protection, and product certification.
3.1.3. The Seller agrees to promptly respond to orders and inquiries from buyers and to arrange for timely delivery of products, as specified on the Platform.
3.1.4. The Seller agrees to inform the Platform of any changes in contact information, product availability, prices, and delivery conditions.
3.1.5. The Seller agrees to pay the Platform a commission for the use of the Platform, which is determined based on the rates posted on the website.
3.1.6. The Seller agrees to ensure that the product matches the description and meets quality standards.
3.1.7. The Seller agrees to contact the buyer for order confirmation, and if the buyer is unreachable or does not respond within a reasonable time (e.g., 24 hours), the order may be canceled.
3.2. Obligations of the Platform:
3.2.1. The Platform agrees to provide the Seller with the technical means for product listing and order processing.
3.2.2. The Platform agrees to ensure the security of user data and financial transactions and to ensure payment processing through supported systems (e.g., Uzcard, Humo).
3.2.3. The Platform agrees to provide the Seller with access to a personal account for managing products, prices, orders, and other functions.
3.2.4. The Platform agrees not to interfere in the transaction process between the Seller and the Buyer but provides the platform for their interaction and transaction processing.
3.2.5. The Platform is not responsible for the quality of products listed by the Seller and does not participate in resolving disputes between the Seller and the Buyer, except as provided for in this Agreement.
4. Platform Commission and Payment Procedure
4.1. For services related to product listing, transaction facilitation, and other technical and organizational services, the Platform charges the Seller a commission. The commission amount depends on the product category and transaction conditions and is indicated on the Platform’s website.
4.2. The Seller agrees to pay the Platform the commission as specified in the applicable tariffs at the time of entering into the transaction.
4.3. The commission is paid by the Seller after the successful completion of the transaction, according to the conditions specified on the Platform.
4.4. The Platform will calculate and transfer payments to the Seller in accordance with the conditions applicable to each type of transaction.
5. Liability of the Parties
5.1. The Seller is fully responsible for the quality and compliance of the product with the description and for complying with all the requirements of the legislation of the Republic of Uzbekistan.
5.2. The Platform is not responsible for defects in the products, failure to meet delivery times, products being out of stock with the Seller, or any other issues related to the transaction.
5.3. The Seller agrees to compensate the Platform for any losses arising from the product’s non-compliance with the description or a breach of the terms of this Agreement.
5.4. The Platform is not liable for the Seller's losses related to Buyers who fail to meet the payment conditions or cancel the order.
6. Return and Exchange Conditions
6.1. Returns and exchanges are carried out in accordance with the legislation of the Republic of Uzbekistan and the return policy specified on the Platform.
6.2. The Seller agrees to accept the product back or exchange it if the product does not meet the stated characteristics or is defective, as specified in the return policy.
6.3. In case of return, the Seller agrees to reimburse the Buyer for the product’s cost, and the Platform may charge an additional fee for organizing the return.
7. Confidentiality
7.1. Both the Platform and the Seller agree to maintain confidentiality of any information obtained and not to disclose personal data of users, except as required by law.
7.2. The Seller agrees to use the obtained data exclusively for the purposes of fulfilling obligations to buyers, including processing orders and delivering products.
8. Dispute Resolution
8.1. All disputes between the Seller and the Platform are to be resolved through negotiations.
8.2. If the dispute cannot be resolved amicably, the dispute will be resolved in court in accordance with the laws of the Republic of Uzbekistan.
9. Term of Agreement and Termination
9.1. This Agreement is effective upon the acceptance of the offer and remains in force until the Seller ceases to use the Platform for selling products.
9.2. The Seller may terminate their use of the Platform at any time by notifying the Platform.
9.3. The Platform has the right to suspend services to the Seller if the Seller violates the terms of this Agreement.
10. Final Provisions
10.1. The Platform reserves the right to amend this Agreement at any time. Amendments are effective upon publication on the Platform.
10.2. This Agreement is governed by the legislation of the Republic of Uzbekistan.