Terms and Conditions

Article 1. Preamble

1.1. This document (hereinafter referred to as the «Terms and Conditions» or the «Agreement») establishes the legal framework applicable to the relations between IVO Marketplace S.R.L., a limited liability company, registered in the Republic of Moldova, IDNO: 1024602014330, with its registered office at mun. Bălți, str. Filip Nicolae, 2 (hereinafter referred to as the «Operator», the «Platform» or «We»), and any natural or legal person who accesses, registers or uses the services of the IVO platform (hereinafter referred to as the «User» or «You»).

1.2. The IVO Platform is a digital marketplace space intended for the intermediation of commercial transactions between sellers and buyers, made available and managed by the Operator.

1.3. By accessing, browsing or using the Platform, in any manner, the User confirms that they have read, understood and expressly and unconditionally accept these Terms and Conditions, including the Privacy Policy and the Cookie Policy, which form an integral part of this Agreement.

1.4. If the User does not agree with any of the provisions of this Agreement, they are obligated to immediately cease using the Platform.

Article 2. Definitions

2.1. For the purposes of this Agreement, the following terms shall have the following meanings:

• «Platform» – the website, mobile application and any other digital interfaces operated by IVO Marketplace S.R.L., through which marketplace services are offered.
• «Seller» – any authorized natural person or legal entity that creates an account on the Platform for the purpose of offering products and/or services for sale.
• «Buyer» – any natural or legal person who purchases or intends to purchase products and/or services through the Platform.
• «User Account» – the section of the Platform, accessible based on unique credentials, that contains the User's personal data, transaction history and related settings.
• «Content» – any text, image, graphic material, video, data or information published on the Platform by the Operator or Users.
• «Order» – the firm request of the Buyer to purchase a product/service, submitted through the Platform.
• «Transaction» – the sale-purchase operation completed through the Platform.

Article 3. Legal basis

3.1. This Agreement is drawn up in accordance with the legislation of the Republic of Moldova, including, but not limited to:

1. Civil Code of the Republic of Moldova No. 1107/2002;
2. Law No. 284/2004 on electronic commerce;
3. Law No. 133/2011 on the protection of personal data;
4. Law No. 105/2003 on consumer protection;
5. Law No. 171/2012 on the capital market (where applicable);
6. Other normative acts applicable to electronic commerce activities in the Republic of Moldova.

Article 4. Registration and User Account

4.1. To benefit from the full functionalities of the Platform, the User must create a User Account, providing correct, complete and up-to-date data.

4.2. The User must have full legal capacity, being at least 18 years old, or act through a legal representative.

4.3. Each User may hold only one Account. Creating multiple accounts is prohibited and may result in the suspension or closure of all associated accounts.

4.4. The User is fully responsible for maintaining the confidentiality of access credentials (username, password) and for all activities carried out through their Account.

4.5. The Operator reserves the right to request additional documents to verify the User's identity, in accordance with internal «Know Your Customer» (KYC) procedures.

4.6. The Operator may suspend or close the User Account, without prior notice, if there are reasonable suspicions of fraud, abuse or violation of this Agreement.

Article 5. User Obligations

5.1. The User undertakes to:

1. Use the Platform exclusively for lawful purposes and in accordance with the provisions of this Agreement;
2. Not publish content that is illicit, defamatory, obscene, fraudulent, misleading or that infringes the rights of third parties;
3. Not use automated mechanisms (bots, crawlers, scripts) to access or extract data from the Platform;
4. Not attempt to obtain unauthorized access to the systems, servers or networks of the Platform;
5. Not engage in unfair competition activities or activities that may damage the reputation of the Platform;
6. Respect the intellectual property rights of the Operator and third parties;
7. Immediately notify the Operator if they become aware of any unauthorized use of their Account or any security breach.

Article 6. Specific Obligations of Sellers

6.1. The Seller undertakes to provide correct, complete and unambiguous information regarding the products and/or services offered, including price, description, characteristics, availability and delivery terms.

6.2. The Seller guarantees that they hold all the authorizations, licenses and approvals necessary for the commercialization of the products/services listed on the Platform.

6.3. The Seller is solely responsible for the quality, conformity and safety of the products/services offered, as well as for compliance with consumer protection legislation.

6.4. The Seller undertakes to process orders within the established timeframe and to ensure delivery in appropriate conditions.

6.5. It is strictly prohibited to list on the Platform counterfeit products, prohibited substances, weapons, or any goods whose commercialization is prohibited or restricted by the legislation of the Republic of Moldova.

Article 7. Order Process

7.1. The Order placed by the Buyer through the Platform constitutes a firm purchase offer, subject to acceptance by the Seller.

7.2. The sale-purchase contract is considered concluded at the time of the Order confirmation by the Seller, thus confirming the formation of the agreement of will in electronic format, under the conditions of Art. 11 para. (1) of Law No. 284/2004.

7.3. The Operator will send the Buyer an electronic confirmation of the Order, which will contain the essential details of the transaction (product, price, payment method, delivery term).

Article 8. Prices and Payments

8.1. The prices displayed on the Platform are set exclusively by the Sellers and include, where applicable, value added tax (VAT), if the Seller is a VAT payer.

8.2. Delivery costs are displayed separately and are brought to the Buyer's attention before the Order is finalized.

8.3. Payment is made through the payment methods available on the Platform, which may include, but are not limited to: bank card, bank transfer or payment terminal.

8.4. The Operator may use payment processing services provided by third parties. In this case, the processing of payment data is subject to the terms and conditions of the payment service provider.

8.5. The Operator reserves the right to charge commissions from Sellers for the use of the Platform, according to the tariffs communicated in advance and accepted by them.

Article 9. Invoicing

9.1. The Seller is obligated to issue tax documents (invoices) in accordance with the tax legislation of the Republic of Moldova.

9.2. The Operator may issue invoices for the intermediation services provided to Sellers, in accordance with the established commercial agreements.

Article 10. Anti-Fraud Order Verification

10.1. For the purpose of fraud prevention, User protection and ensuring the integrity of transactions made through the Platform, the Operator reserves the right to carry out additional verifications on any Order, before its processing, confirmation or delivery.

10.2. Within these verifications, the Operator may request the Buyer or Seller to provide additional information and/or documents, including, but not limited to:

• Confirmation of the identity of the person who placed the Order;
• Proof of ownership of the payment method used;
• Confirmation of the delivery address;
• Any other information relevant to validating the legitimacy of the transaction.

10.3. Until the verification is completed, the Operator may suspend Order processing. The User will be informed about the need to provide the requested information.

10.4. If the User does not provide the requested information within a reasonable time or if the verification reveals indications of fraud, the Operator reserves the right to cancel the Order and, where applicable, to suspend or close the User Account, without being bound by any obligation to compensate.

10.5. The verifications provided in this article are carried out in compliance with personal data protection legislation and the Platform's Privacy Policy.

Article 11. Delivery

11.1. Product delivery is carried out by the Seller or through courier services contracted by the Seller or the Platform.

11.2. Delivery terms indicated on the Platform are estimated. The Operator does not assume responsibility for delays caused by Sellers or courier services.

11.3. The risk of loss or deterioration of products is transferred to the Buyer at the time of actual receipt of the goods.

Article 12. Right of withdrawal and return

12.1. The Buyer, as a natural person, benefits from the right of withdrawal from the distance contract, within 14 (fourteen) calendar days from the date of receipt of the product, without the need to state a reason, in accordance with Law No. 105/2003 on consumer protection.

12.2. The right of withdrawal does not apply in cases provided by applicable legislation, including, but not limited to: customized products, sealed products that cannot be returned for hygiene reasons, perishable products or digital content provided on non-material support after the execution has begun.

12.3. The returned product must be in its original condition, with the original packaging intact, accompanied by all accessories and related documents.

12.4. Refund of amounts paid will be made within a maximum of 14 calendar days from the receipt of the returned product, as follows:

1. In the case of payments made by bank card, the refund will be made exclusively to the account of the card used for the purchase;
2. In the case of payments made by payment terminal, bank transfer or post office, the refund will be made in the form of a value voucher usable on the Platform. At the express request of the Buyer, the refund may be made by bank transfer or through the post office, exclusively to the bank account or through the post office corresponding to the person listed as the order holder in the billing section.

Article 13. Copyright and trademark

13.1. All intellectual property rights over the Platform, including, but not limited to: commercial name, logo, design, structure, source code, databases, texts and graphic materials, belong exclusively to the Operator or its licensors and are protected by national and international legislation on copyright and intellectual property.

13.2. Users are granted a limited, non-exclusive, non-transferable and revocable license to use the Platform exclusively for the purpose for which it was created.

13.3. Any reproduction, modification, distribution, publication or exploitation of the Platform's content, without the prior written consent of the Operator, constitutes an infringement of intellectual property rights and will result in civil and/or criminal liability.

13.4. By publishing content on the Platform, the User grants the Operator a non-exclusive, free, transferable, sublicensable license, valid worldwide, to use, reproduce, modify, distribute and display the respective content for the purpose of operating and promoting the Platform.

Article 14. Personal data processing

14.1. The Operator processes Users' personal data in accordance with Law No. 133/2011 on the protection of personal data and the General Data Protection Regulation (GDPR), to the extent applicable.

14.2. The categories of data processed, the purposes of processing, the legal bases, the storage duration and the rights of data subjects are detailed in the Privacy Policy, available on the Platform.

14.3. The Operator implements appropriate technical and organizational measures to protect personal data against unauthorized access, loss, destruction or disclosure.

14.4. The User has the right of access, rectification, erasure («right to be forgotten»), restriction of processing, data portability and the right to object, which can be exercised by submitting a written request to the email address [email protected].

Article 15. Cookies and similar technologies

15.1. The Platform uses cookie modules and other local storage technologies in accordance with applicable legislation. Details regarding cookie types, their purposes and management methods are available in the Cookie Policy.

Article 16. Operator's Liability

16.1. The Operator acts exclusively as an intermediary between Sellers and Buyers and is not a party to the sale-purchase contracts concluded through the Platform.

16.2. The Operator does not guarantee and does not assume responsibility for:

1. The quality, legality, conformity or availability of the products/services offered by Sellers;
2. The accuracy, completeness or timeliness of the information published by Users;
3. Any damages resulting from transactions carried out between Users;
4. Interruptions, technical errors or temporary unavailability of the Platform, caused by external factors or maintenance operations;
5. Indirect, consequential losses or loss of profits suffered by Users.

16.3. Under no circumstances shall the total liability of the Operator towards a User exceed the total amount of commissions actually received from that User in the last 3 (three) months prior to the event giving rise to liability.

Article 17. User Liability

17.1. The User is fully responsible for any damage, prejudice or loss caused to the Operator, other Users or third parties as a result of violating this Agreement or applicable legislation.

17.2. The User undertakes to fully indemnify the Operator for any claims, actions, costs (including attorney fees) or sanctions resulting from their act or omission.

Article 18. Force Majeure

18.1. Neither Party shall be liable for the non-performance or defective performance of its obligations, if such non-performance is caused by a force majeure event, within the meaning of the legislation of the Republic of Moldova.

18.2. The Party affected by a force majeure event is obligated to notify the other Party within 5 (five) business days from the occurrence of the event.

Article 19. Warranties

19.1. The commercial warranty for products purchased through the Platform is granted exclusively by the Seller, under the conditions provided by the Seller and by applicable legislation.

19.2. The Platform is provided «as is», without any express or implied warranty regarding continuous availability, absence of errors or fitness for a particular purpose.

Article 20. Complaints

20.1. Any complaint regarding products/services shall be addressed first to the Seller, through the Help section available on the Platform.

20.2. The Operator will make reasonable efforts to facilitate the resolution of disputes between Users, without however assuming the capacity of a party in these disputes.

20.3. Complaints regarding the functionality of the Platform may be addressed to the Operator through the Help section on the Platform, and the Operator undertakes to respond within a reasonable time, but no more than 30 calendar days.

Article 21. Account Suspension and Closure

21.1. The Operator reserves the right to suspend, limit or permanently close the User Account in the following cases:

1. Serious or repeated violation of this Agreement;
2. Providing false or misleading information;
3. Fraudulent activities or reasonable suspicions of fraud;
4. Receipt of repeated and substantiated complaints from other Users;
5. Non-compliance with KYC verification procedures;
6. Order of a competent authority.

21.2. In the event of Account suspension or closure, the Operator will notify the User, except in cases where notification would be contrary to law or would prejudice an ongoing investigation.

21.3. The User may request the closure of their own Account at any time, by submitting a request through the dedicated section of the personal cabinet. The Operator will process the request within 15 business days.

Article 22. Modification of Terms and Conditions

22.1. The Operator reserves the right to modify this Agreement at any time, without prior justification, by publishing the updated version on the Platform.

22.2. Users will be notified of substantial changes to the Agreement through the Platform or by email, at least 15 (fifteen) calendar days before the changes come into effect.

22.3. Continued use of the Platform after the changes come into effect constitutes tacit acceptance of the new Terms and Conditions.

Article 23. Applicable Law and Jurisdiction

23.1. This Agreement is governed by and interpreted in accordance with the legislation of the Republic of Moldova.

23.2. Any dispute arising from or in connection with this Agreement shall be resolved amicably. If the parties do not reach an agreement within 30 calendar days from the date of the dispute, it shall be submitted for resolution to the competent courts of the Republic of Moldova, in accordance with the applicable rules of material and territorial jurisdiction.

Article 24. Severability Clause

24.1. If one or more clauses of this Agreement are declared null, voidable or unenforceable by a competent court, the remaining clauses shall remain in full force and effect and shall continue to produce legal effects.

24.2. The invalid clause will be replaced by a valid provision that most faithfully reflects the original intent of the Parties.

Article 25. Assignment

25.1. The User may not assign or transfer their rights and obligations arising from this Agreement to third parties without the prior written consent of the Operator.

25.2. The Operator may assign or transfer this Agreement, in whole or in part, to any affiliated entity or legal successor, with prior notification to Users.

Article 26. Entire Agreement

26.1. This Agreement, together with the Privacy Policy, the Cookie Policy and any other documents expressly referred to, constitutes the entire agreement between the Parties regarding its subject matter and supersedes any prior agreements, written or oral.