TERMS AND CONDITIONS FOR USE OF THE MARKETPLACE
-------------------------------------------------- -----------------------The K.G.A. Company International LTD
Registered office: Via Pere Toshev 2/a - 2800 Sandanski - Blagoevgrad ( Bulgaria ) - VAT No: BG204465696
- He created aMarketplace Multivendor, having autonomous and self-managed areas dedicated to the sale of articles and promotional services for commercial activities.
- The area of the site dedicated to sales will be presented to the Customer, on the model of a physical shop, in which the Seller will be able to display his traditional and/or multimedia products in a "window display" in full autonomy and without limits
- The products on sale will be viewable, browsable and loaded via cart;
- TheK.G.A. International LTDWill carry out promotion and dissemination activities for the products on sale on its website, also through targeted reviews and publications on its social channels;
The above mentioned, as an integral, substantial and inseparable part of this agreement, between the Parties specified and constituted below, the following is agreed and stipulated
- To allow complete understanding and acceptance of the general membership conditions contained in this contract, the following terms take on the meaning indicated below:
The K.G.A. Company International LTD · which provides spaces for Sellers to sell their products.
Person who sells products and who signs this contract with the K.G.A. Company. International LTD ·, to use the latter's services.
The person who accesses the Marketplace, without distinction of legal nature and purpose pursued, interested in the Seller's goods and/or services;
The Web sitehttps://www.mystore016.com/en/, which brings together supply and demand by connecting Sellers with Customers interested in purchasing goods and/or receiving services;
This contract, which governs the conditions of membership of the Seller to the Marketplace;
The contract that regulates the relationship between the Seller and the Customer, published on the Marketplace;
All information regarding the Seller and/or its products and/or services and presentation elements (for example: descriptions, characteristics, prices, etc.) published on the Marketplace.
1. The Seller assigns a non-exclusive task to the Manager, who accepts, to connect, via the Marketplace, the same Seller with visiting Customers interested in purchasing products published and supplied by the Seller.
2. This contract regulates the conditions of membership of the Marketplace, without prejudice to the fact that the Manager is in no case a contracting party to the sales contract concluded between the Seller and the Customers.
3. The Manager reserves the right to modify the General Conditions. In this case, the Manager will promptly send a communication to the Seller, without prejudice to the latter's right to withdraw.
3. Use of the Marketplace and methods of concluding the contract with the Customer
1. Any sale between the Customer and the Seller is not the subject of this agreement. The obligations arising therefrom will be borne exclusively by the Seller and will not imply any liability to the Manager in any respect.
2. The purchase order between the Customer and the Seller will be considered concluded when the Customer, after having made the payment, receives, via e-mail, the formal confirmation of the order from the Seller, through the Marketplace.
3. The Seller, upon receipt of the order from the Customer, undertakes to deliver the goods with the utmost diligence and punctuality. To this end, the Seller undertakes to scrupulously comply with the Conditions of Use published on the Marketplace, to be considered an integral part of this contract. The violation by the Seller of the obligations undertaken with the Customer, contained in the Conditions of Use, will result in the legal termination of this membership contract. The Manager reserves the right to take any action to protect its rights, including image rights.
4. The Seller acknowledges and guarantees that under no circumstances will it conclude contracts with the Customer whose object or obligations contravene applicable legal provisions. Failure to do so will result in the Manager having the right to terminate this contract with immediate effect. If the Seller is in doubt about the possibility of committing to a certain service with the Customer, the Seller undertakes to request prior consent from the Manager.
4. Seller membership in the Marketplace
1. Use of the Marketplace is permitted only to adults. Any use by minors presupposes and implies the authorization and supervision of the parents or whoever exercises parental authority or guardianship, who will therefore assume all responsibility for the minor's actions towards the Third Party Manager for every title involved.
2. To join the Marketplace, the Seller will proceed to send all the data requested by the Manager via email, in order to allow the completion of the sales space made available to the Seller.
3. The Seller undertakes to promptly communicate to the Manager any change in the aforementioned data. The Seller guarantees the truthfulness and completeness of the information transmitted to the Manager and will be directly responsible for any errors, omissions or failures in the update.
4. The Manager will send the Seller confirmation of registration and the related credentials via an email to the address indicated by the Seller. With this message, the acceptance of his request to join the Marketplace will be communicated to the Seller. This contract will therefore be considered concluded and effective when the Seller receives acceptance from the Manager.
5. At the same time as registration, the Seller will receive access credentials to the Marketplace. The Seller guarantees the confidentiality of the credentials which it undertakes not to communicate to third parties, recognizing that it will be the only one to answer for the consequences of the use, even fraudulent, of these elements and maintaining the exclusive responsibility for the activities, of whatever nature they may be. are, carried out on your account, declaring to indemnify and hold harmless the Manager from any and/or any claim, direct or indirect, that may be made against the same, due to any violations of your account.
6. The Manager grants the Seller such personal, non-transferable and non-assignable access for the entire duration of membership in the Marketplace and for use limited to the needs arising from the execution of this contract.
5. Content published on the Marketplace
1. The Seller acknowledges and accepts that, for reasons of presentation and ergonomics of the Marketplace, the Contents will be presented according to the instructions indicated by the Manager
2. The Seller undertakes to guarantee the effective availability of the titles offered for sale in its space, so as to be able to promptly process orders received through the Marketplace.
3. The Seller also undertakes to update its catalogue, inserting new publications, so as to always make the offer proposed to Users current.
4. It is up to the Seller to verify the conformity of the Contents that will be made public to validate their accuracy and detect any errors. If an inaccuracy, error and/or omission of any nature is detected, the Seller undertakes to correct them without delay. Likewise, if the Manager is informed of any error appearing on any page relating to the Seller, it will immediately inform the Seller who in turn undertakes to immediately make the necessary modifications and/or corrections. In the event of a non-conformity due to an error, The Seller undertakes to resolve all disputes arising with Customers, connected to this incorrect information, and to inform the Manager.
5. In its capacity as host Marketplace, the Manager is not bound by the general obligation to monitor the Contents prepared by the Seller nor by the general obligation to seek facts and circumstances that reveal illicit activities. However, the Manager undertakes to eliminate any content placed online on the Marketplace by the Seller upon simple request of anyone who mentions the illicit character or facts and circumstances that may reveal this character.
6. The Seller grants the Manager, free of charge and for the entire duration of his membership, a license to reproduce and represent all Content published by him on the Marketplace. The Seller therefore undertakes not to hinder in any way the reproduction and representation of the aforementioned Contents by the Manager.
6. Publication of User ratings
1. The Seller explicitly authorizes the Manager to publish the ratings and/or reviews expressed by Customers and the related comments on the Marketplace.
7. Seller's Obligations
1. For the entire duration of this contract, the Seller is obliged to:
- You will not copy, reproduce, download, republish, sell, distribute or resell any service provided by the Operator through the Marketplace any information, text, images, graphics, video, audio, directories, files, databases, listings and/or content available on the Marketplace. The use of any content or materials on the Marketplace for any purpose other than those expressly permitted in this Agreement is prohibited. Furthermore, the Seller acknowledges and acknowledges that The Marketplacehttps://www.mystore016.com/en/ and all related trademarks and distinctive signs (for example: website, app, brand, etc.) are the exclusive property of the Manager;
- Use the Marketplace for the sole purpose of using the services offered therein and undertakes not to publish, transmit and/or otherwise disseminate, through it, illicit content or in any case of an offensive, defamatory nature, harmful to the privacy of others or vulgar content, child pornography and/or contrary to morality or which incite criminal conduct. Furthermore, it undertakes not to publish, transmit and/or otherwise disseminate, through the Marketplace, contents that include or represent advertising for other products and services, even if not competing with those offered by the Manager;
- Not to use, allow or give the opportunity to third parties to use the Marketplace for acts against morals, public order or with the aim of disturbing the peace of others, damaging, violating or attempting to violate in any way the secrecy of correspondence and in any case not to use the Marketplace in any way to commit or facilitate the commission of illegal acts of any kind;
- Do not enter information on the Marketplace that is defamatory, unfair or misleading towards other Sellers and third parties;
- Use the Marketplace and the services as well as conclude contracts for the purchase and sale of products and/or services, so as not to violate any antitrust regulations and not to behave in any way or conclude any anti-competitive agreements such as, by way of example only, that or that consisting in the fixing of prices between competing companies;
- Use the Marketplace and any services in accordance with the rules of law, treaty provisions and self-discipline codes, including private ones, whether or not published on the Marketplace.
2. The Seller is obliged to provide the Manager with all the information requested by the latter for the purposes of verifying the fulfillment of the obligations referred to in this clause.
3. Failure to comply with the above provisions will result in the termination of this Agreement by the Manager
8. Obligations of the Manager
1. The Manager undertakes to keep the Marketplace up to date and functioning at all times, except for necessary pauses due to maintenance or updates or for any other technical reason. The Manager will not be liable for any interruptions and/or anomalies and/or flaws in the security system of the web service offered, where attributable to causes independent of its actions; just as it will not be liable in any way in the event that the Seller assumes that it has suffered pecuniary or non-pecuniary damage, of any nature, as a direct and/or indirect consequence of the use of the Marketplace.
2. The Manager undertakes to promote the MYSTORE016 platform on web channels, so that it is visible to an increasingly wider audience.
3. The Manager undertakes to provide the Seller with access to the Marketplace and any applications connected to it.
4. Maintenance operations that may prevent connection to the Marketplace will be promptly communicated to the Seller, except in cases where interventions become necessary which, due to their particular urgency, do not allow the aforementioned notice to be given.
5. The costs of connection to the electronic network as well as those relating to IT and telematic equipment, software programs and any other tool or means necessary to connect to the Marketplace are the sole and exclusive responsibility of the Seller.
As compensation for joining the Marketplace, the Seller undertakes to recognize the Manager;
1. Fixed annual seller account activation fee (Management) for visibility on the portal and commercial sales, services, payment processing/treasury activities, equal to €. 00,00 VAT in Reverse charge - art.21, par.2 / VAT Law
2. Commission for all category variations equal to 15% on the value of the product sold, VAT in Reverse charge - art.21, par.2 / VAT Law.
3. Refund of 100% on the shipping cost
10. User Payment
1. The Customer will pay directly through the Marketplace the total fees due to the Seller for the purchase of goods and/or services.
2. The Manager will pay between 02 and 14 days from delivery, directly into the Seller's online account, the fees for the purchase of goods and/or services paid by Users at the time of purchase, net of the commissions established above due to the Manager and the shipping costs, as per the accounting summary which will be sent at the same time as payment.
11. Shipments, Deliveries and Related Expenses
1. The Seller guarantees shipping from the order within 48/72 hours, throughout the national territory and in the Eurozone with its own Partner Courier.
2. The shipment tracking code, once generated, must be sent to the Manager to be inserted in the order form and transmitted to the Pay Pal system.
3. Shipping costs are borne by the Customers and will be reimbursed by the Manager at the time of the order payment transaction
By signing this Contract, the Seller guarantees that:
1. is the owner of all rights relating to the publication and sale of the works, indemnifying the Manager from any action for compensation and/or requests for damages by the author or anyone else who may claim rights over the work itself;
2. all the information and documents provided by the same are true and real and will therefore indemnify and hold the Manager and the Customers harmless from any damage, loss, cost, expense and/or honor that may arise from the incorrectness or untruthfulness of the information and of the documents provided;
3. will hold harmless and indemnify both the Manager and the Customers from any damage, loss, cost, expense and/or burden or consequence deriving from the activity carried out by the same, none excluded;
13. Withdrawal, Complaints, Guarantees, Returns
1. It will be the Seller's responsibility to ensure that the Final Customer verifies the integrity of the package and his possible acceptance of delivery with reservation. The Manager will support the Seller in the relationship with the Final Customer in cases concerning Withdrawal, Complaints and Guarantees, provided that the same relationship is governed by the rules contained in the national Consumer Code.
2. Products considered non-compliant or defective must be communicated within 5 days of delivery.
Defects and non-conformities must be proven by sending photographs via e-mail to the Manager's customer service which will be immediately forwarded to the Seller, awaiting a response from the latter.
The contested products (not conforming to the order or defective) must be collected by the Seller by his own courier and at the expense of the latter.
14. Returns due to dissatisfaction with goods
1. In the event of a return due to product dissatisfaction, the customer must communicate the return within 2 days of delivery by sending an email to the Manager with the subject: "Request for Refund for Dissatisfaction", explaining the reason for his dissatisfaction
2. The Seller is obliged to contact the Customer to understand more in depth the reasons for his decision regarding his product
3. If a solution is not reached, the shipping is at the customer's expense dissatisfied and the refund is partial, in fact the out-of-pocket expenses incurred by the seller will be deducted from the purchase sum. (Shipping Cost / Manager's Commission).
4. The refund to the Customer is issued by the Manager upon authorization from the Seller and only after the intact receipt of the returned goods.
15. Compliance with membership conditions and checks
1. By stipulating this Contract, the Seller undertakes to fully comply with these General Conditions for the entire term of validity and declares its full and complete acceptance of the same following its membership of the Marketplace.
2. The Manager expressly reserves the right to proceed with verifying compliance with the membership conditions, requesting any further information from the seller, which the latter undertakes from now on to provide, under penalty of automatic termination of this Contract.
3. If the Membership Conditions are not respected by the Seller, at the time of signing this Agreement or subsequently, or if the Seller makes false statements regarding the same Conditions, the Manager reserves the right to terminate this Agreement with immediate effect, without prejudice in any case to the right to compensation for any damage.
4. The Manager reserves the right to take legal action against the Seller if the lack of the Conditions for the same, provided for in this contract, or the falsehood in the declarations made by the Seller, causes or may cause damage to the manager, to the Marketplace , to Customers or to other participating subjects.
16. Marketplace Advertising
The Manager reserves, at its sole discretion, the right to insert on the Marketplace advertising notices compatible with the activity carried out as well as links to other sites that comply with the obligations set out in these General Conditions.
17. Assignment of this Agreement
1. The Seller may not in any way or in any form transfer this Contract to third parties, even partially, without the written consent of the Manager.
2. The Manager expressly reserves the right to transfer, for a fee or free of charge, to lease the Marketplace, in whole or in part, to third parties, or to grant them any rights connected to the Marketplace itself.
3. In the event that the Manager intends, at its sole discretion, to make use of the option referred to in the previous point, it will inform the Sellers by direct communication, by registered letter with return receipt or certified e-mail or by publication in a specific section of the Marketplace.
18. Exemption from liability for the Manager
1. The Manager is exonerated from any and all responsibility towards the brands and any other rights holders on the products or images published by the Seller on the Marketplace, as it is the Seller himself who is responsible for what is published and sold on the platform and is done guarantor of its legitimacy.
2. The Manager will not be responsible for direct or indirect, incidental or consequential damages, such as loss of profit, loss of business and/or commercial opportunities and anything that may derive from the management of the Marketplace and the services provided, in the event of errors, omissions and inaccuracies in the data transmitted, not even in the case of interruptions, suspensions, delays and anomalies in the management of the Marketplace and in the provision of services, even if deriving from technical problems, unless they are directly and immediately linked to the willful or grossly negligent behavior of the same.
3. The Manager will not be responsible for direct or indirect, incidental or consequential damages, such as loss of profit, loss of business and/or commercial opportunities and any other damage that may arise from IT intrusions or other illegitimate intrusion or use of data by unauthorized third parties as well as by commercial scams or other incorrect or illegitimate behavior carried out by participating companies, unless they are directly and immediately linked to malicious or grossly negligent behavior by the Manager.
4. Under no circumstances will the Manager be held liable in relation to damages resulting from the malfunctioning of the Marketplace, directly or indirectly attributable to conduct or omissions of the hosting provider.
5. Under no circumstances will the Manager be held responsible for the fulfillment of the obligations arising from the contracts concluded by the Seller with other participating entities or with the Customers.
6. The seller undertakes to indemnify and hold the Manager harmless from any and/or any right or claim that may arise, even out of court, from such conduct or, in any case, as a consequence of the use of the Marketplace and/or the its possible applications
19. Seller's Responsibilities
1. The Seller undertakes to indemnify and hold the Manager harmless from any and/or any right or claim that may be made against it in relation to the obligations that the Seller has undertaken to fulfill towards the Customer.
2. The Seller assumes all and broader responsibility for the contents provided and published on the Marketplace. Therefore, the Manager will in no case be responsible for errors, omissions and inaccuracies in the data entered on the Marketplace by the Seller and/or by the other Sellers.
3. If disputes arise between Sellers and Customers and/or third parties and, as a consequence of this, legal action is taken against the manager by Sellers and/or third parties, the Seller undertakes to compensate the Manager for damages suffered due to such actions, where directly or indirectly caused by them, proceeding with reimbursement of all costs and expenses incurred, including legal ones.
20. Protection of the Manager's image
The seller, without prejudice to the other obligations imposed on him by this Contract, expressly undertakes to:
1. operate on the Marketplace respecting the highest standards of correctness and professionalism and, in any case, to abstain from any action, initiative or behavior that may be or become inconvenient or prejudicial to the image or reputation of the Manager or that may bring discredit or prejudice at the same;
2. to ensure that its managers, collaborators, employees, subordinates, representatives and anyone who participates in activities committed under this Contract abstain from any action, initiative or behavior referred to in the previous paragraph.
21. Duration and termination
1. This Contract has a fixed duration of 12 months and will come into force from the moment the Seller receives confirmation of registration and access to his online store within the Marketplace (art. 4 point 4)
2. The Parties may withdraw at any time with 30 days' notice, to be communicated by registered letter with return receipt or via PEC.
3. The withdrawal exercised by the Manager will not entail the payment of any penalty and/or reimbursement and/or compensation and/or compensation in favor of the Seller, without prejudice to the Manager's right to compensation for any damage that the latter may suffer due to the dissolution of the Contract and without prejudice to the Seller's obligation to pay to the Manager, even after dissolution, any amount due due to non-compliance with these General Conditions.
1. With the exclusive exception of the disclosure obligations imposed by applicable (Italian) law provisions or by provisions of competent authorities, the Seller undertakes to keep it strictly private and confidential, not to disclose to third parties and not to use, except for what strictly necessary for the purposes of the execution of the General Conditions referred to in this Contract, any data or information of which it has been made aware or simply has become aware in any form and/or on any medium on the occasion and/or as a function of the negotiation, signing and/or execution of this Agreement.
2. The Seller therefore undertakes not to communicate and not to disclose, during the course of this Contract and even after its termination, in any way and by any means, the Confidential Information (referred to in the previous paragraph) of which it has become aware. aware.
3. The Seller undertakes, also pursuant to art. 1381 of the Civil Code, to ensure that all third parties to whom the Confidential Information indicated above will be made available for the purposes of the execution of the General Conditions referred to in this Contract, including their own employees, act in compliance with the confidentiality obligations referred to above.
4. Even partial violation of the above obligations, in addition to giving the Manager the right to withdraw from this Contract with immediate effect, without any obligation of notice or compensation, will give the Manager the right to compensation for damages.
23. Express termination clause
1. Without prejudice to any compensation for damages, this Contract will be considered legally terminated pursuant to art. 1456 c.c. in the event that the Seller violates even just one of the following obligations: payment of fees, where due, use of the Marketplace and methods of conclusion (including timely delivery of the goods) of the sale to the Customer, Obligations of the Seller, Compliance with the Conditions of Membership and checks, transfer of this contract.
2. Upon the occurrence of any of the events referred to in the previous point, the termination of the contract will take effect from the moment of receipt by the Seller of a communication by registered mail with return receipt or via PEC, containing the notification of the non-fulfilment and the Manager's intention to make use of this express termination clause.
24. Applicable legislation and competent court
1. This Contract is governed exclusively by Italian law, also in accordance with the provisions of art. 3 of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations.
2. All disputes that may arise regarding the interpretation, validity and execution of this agreement will be referred to the exclusive jurisdiction of the Court of Sandanski (Bulgaria), the place where the Manager has its registered office, any different being understood to be consensually waived rule of judicial jurisdiction.
25. Final clauses
1. This Contract constitutes the only agreement between the Parties with reference to the matters deduced and described therein. This agreement cancels and replaces any previous deed, document, written and/or verbal agreement between the Parties on the same matters regulated herein, having overall effectiveness and value.
2. The invalidity of one or more clauses or paragraphs contained in this Agreement will not have an effect on the remaining provisions of the contract or on any part of the same. In the event that one or more of such clauses or paragraphs are declared invalid by a final decision, decree or sentence, this agreement will be interpreted as if such invalid clauses or paragraphs had not been inserted therein.
3. The General Conditions referred to in this Contract remain valid and effective even in the event that the Manager decides to sell for free, rent or lease the Marketplace to third parties or grant them any rights relating to the Marketplace itself.
4. Any modification to this agreement will not be valid and binding if it does not result from a written document, signed by each of the Parties.
Read, approved and signed (checking for approval on the online contract)
For specific approval, pursuant to and for the purposes of art. 1341 of the Civil Code, of the clauses: use of the Marketplace and methods of conclusion (including timely delivery of the goods) of the sale to the Customer, Contents published on the Marketplace, Membership of the Seller in the Marketplace, Duration and withdrawal, Obligations of the Seller, Guarantees, Compliance with Conditions of membership and checks, Assignment of this Contract, Release of Liability for the Manager, Responsibility of the Seller, Protection of the Manager's image, Confidentiality, express termination clause, Applicable Legislation and Competent Court.
SANDANSKI (Bulgaria) - 07 October 2022