Vendor Terms & Conditions

Bertalan Ivan (hereinafter the MANAGER) with registered office in Italy, in Via Rimini 6g, 15048 Valenza (AL)

and

the Seller interested in using the marketplace services on the Site www.vroomvroomaccessories.com

 

Granted

  • that MANAGER has created and manages the vroomvroomaccessories.com E-marketplace dedicated to the promotion and sale of articles dedicated to the motorcycle sector;
  • that the Seller will register free of charge to the E-marketplace and will autonomously manage his/her own showcase of items;
  • that the MANAGER carries out promotional, translation, and creative writing services aimed at favourable positioning in the search engines of the Seller’s pages and articles;

the foregoing, as an integral, substantial, and inseparable part of this agreement between the Parties specified and constituted below agree and stipulate the following:

 

1. Definitions

In order to allow a complete understanding and acceptance of the conditions of adhesion contained in this contract, the following terms have the meaning indicated below:

  • BErtalan Ivan: the company that exclusively provides technological support for managing the catalog of items on sale, executing typical functions of online shopping and the treasury service from the buyer to the seller for the payment of orders.
  • Seller: they can be commercial operators or simple hobbyists and / or collectors who manage the production or marketing of their items;
  • Buyer: the person who accesses the e-marketplace, without distinction of a legal nature and purpose pursued, interested in the items of the Sellers;
  • E-Marketplace: the website www.vroomvroomaccessories.com which facilitates the meeting between supply and demand by connecting Buyers with Sellers;
  • General Conditions: this contract governs the conditions of adhesion of the Seller to the E-marketplace;
  • Contents: all information concerning the Seller and / or its items for sale and presentation elements (for example: descriptions, characteristics, prices, etc.) published on the E-marketplace.

 

2. Object

  With this contract the parties intend to regulate:

  • the conditions for joining the E-Marketplace by the Seller;
  • the relationships and commercial transactions between the MANAGER, the Buyer and the Seller concerning the Articles or services offered on the E-Marketplace;
  • the conditions of use of the E-Marketplace and related services;
  • the conditions of payment for the services provided by the MANAGER in favour of the Seller.

 

3. Adhesion of the Seller to the E-marketplace

The use of the E-marketplace is allowed only to adults and legally eligible.

To join the E-marketplace, the Seller will proceed to register his/her user on the Site and will request the opening of the “Seller Account” by filling in the form in all its parts in order to allow the use of the sales space made available by the MANAGER .

The Seller guarantees the updating, the truthfulness, and the completeness of the information sent to the MANAGER and will be held directly liable(responsible) for any error, forgetfulness or non-fulfillment.

The Seller undertakes to keep confidential access modalities, recognizing that s/he will be the only one responsible(liable) for the consequences of the (mis)use, even fraudulent, of these elements and maintaining the exclusive responsibility for the activities, whatever they may be, carried out in his/her own account, declaring to indemnify and hold harmless the MANAGER from any and / or any claim, direct or indirect, should be made against the same, due to any violations of their account.

The MANAGER grants the Seller this personal, non-transferable and non-assignable access, for the entire duration of accessing the E-marketplace, and for a use limited to the needs arising from the execution of this contract.

 

4. Content published on the E-marketplace

The Seller acknowledges and accepts that the Contents will be approved by the MANAGER.

In the event of a material error in the Contents, the Seller undertakes to resolve all disputes arising with the Buyers, and to release the MANAGER from any liability.

In its capacity as the host of E-marketplace, the MANAGER is not bound by the general obligation to monitor the Content prepared by the Seller nor by the general obligation to search for facts and circumstances that reveal illegal activities. The MANAGER undertakes to delete any content put online on the E-marketplace by the Seller at the simple request of anyone who mentions the illegal character or facts and circumstances that may reveal this character.

The Seller declares to have effective ownership of the copyrights in relation to the proposed Contents and will grant to the MANAGER, free of charge and for the duration of its adhesion, a reproduction and representation license of all Contents published by him/her on the E-marketplace and / or other promotion sites.

 

5. Use of the E-marketplace and how to conclude the contract with the Buyer

Any obligation deriving from this agreement will be exclusively borne by the Seller and will not imply any liability of the MANAGER since in no case can it be considered a contracting party to the sales contract concluded between the Seller and the Buyer.

  • The Seller undertakes to guarantee an effective availability of the items offered for sale in his/her own space, so that s/he can promptly fulfill the orders received through the E-marketplace.
  • Sellers are solely responsible for the completeness of the offer, the description of the items, and the perfect compliance of the item with its description.
  • The prices of the items and the shipping costs are defined by the Sellers. In the event of an incomplete or incorrect offer in relation to the actual state of the article, liability can never be attributed to the MANAGER.
  • During the purchase process, the Buyer declares to accept, without reservation, the order and the Terms of Service.
  • In the event of unavailability of the items or failure to send within two working days, even only by one of the Sellers, the Buyer may request and obtain a partial refund of the order.
  • The Buyer undertakes to contact the Seller, for all the needs related to his/her order, through the user area on the E-marketplace.
  • The payment method available on the E-marketplace is executed either by payment through the secure payment system offered by Stripe or by a bank transfer.
  • the MANAGER on behalf of the Seller, will carry out the treasury service and collect the moneys for orders paid by the Buyers.
  • The purchase order between the Buyer and the Seller will be considered concluded when the Buyer, after verifying the payment by the MANAGER, will receive the order confirmation via e-mail via the E-marketplace. .
  • the MANAGER will not deal with aspects related to shipping which will be the exclusive responsibility of the Seller.
  • Upon receipt of the order from the E-Marketplace, the Seller will undertake to fulfill the delivery of the items with the utmost diligence and punctuality.
  • The Seller will inform the Purchaser of the shipment of his order by providing the references for the traceability of the order through the E-marketplace which will be shipped and delivered at the Seller’s risk.
  • In the event of non-delivery or defects in the order and items, the Purchaser may request a return and refund, within 14 days of receiving the order, exclusively through his/her account on the E-marketplace.

 

6. Treasury service

The E-marketplace Treasury service is a free service that allows the Seller to collect payments from buyers in a simple and automated way, thus optimising collection costs.

Once the deadline for exercising the right of withdrawal has been exceeded (14 days from the receipt of the items received by the Buyer), the Seller may request the transfer of the accrued revenues once a month or when the minimum threshold of € 50.00 is exceeded. The amount of the proceeds, subject to an accounting summary presented by the Seller, will be paid, net of the fees established for the processing of orders, exclusively to the bank account indicated in the Seller’s area.

 

7. Order processing cost

The MANAGER will apply the following commissions detailed below:

  • use of the E-marketplace: variable % to be calculated on the total of the completed order;
  • collection by credit card: 4% to be calculated on the total of the completed order;
  • fixed cost for collection by credit card: € 2,00 each;

 

8. Advertising on the E-marketplace

The MANAGER reserves, at its sole discretion, the right to insert advertisements on the E-marketplace compatible with the activity carried out.

 

9. Disclaimer for the MANAGER

The MANAGER will not be responsible for direct or indirect, incidental or consequential damages, such as loss of earnings, loss of business and / or commercial opportunities and all that may derive from the management of the E-marketplace and the services provided, in the event of errors, omissions and inaccuracies in the data transmitted even in the event of interruptions, suspensions, delays and anomalies in the management of the E-marketplace and in the provision of services, even if deriving from technical problems, unless they are directly and immediately connected to malicious behavior or gravely negligent of the same.

The MANAGER will not be responsible for direct or indirect, incidental or consequential damages, such as loss of earnings, loss of business and / or commercial opportunities and any other damage that may derive from computer intrusion or other illegitimate intrusion or use of data by unauthorized third parties as well as commercial scams or other incorrect or illegitimate behavior held by the Buyers, unless they are directly and immediately connected to a malicious or grossly negligent behavior of the the MANAGER. 

In no case will the MANAGER be held liable in relation to damages resulting from the malfunction of the E-marketplace, directly or indirectly attributable to conduct or omissions of the hosting provider. In no case the MANAGER will be held responsible for the fulfillment of the obligations arising from the contracts concluded by the Seller with other members or with the Buyers.

 

10. Responsibility of the Seller

The Seller undertakes to indemnify and hold harmless the MANAGER from any and / or any right or claim to be advanced against him in relation to the obligations that the Seller himself has undertaken to fulfill towards the Buyers. The Seller assumes all and wider responsibility for the Contents supplied and published on the E-marketplace. Therefore, the MANAGER will not be in any case responsible for errors, omissions and inaccuracies in the Contents inserted on the E-marketplace by the Seller. Where disputes arise between the Seller and the Buyers and / or third parties and, as a consequence of this, legal actions are taken against the MANAGER by the Buyers and / or third parties, the Seller also undertakes to compensate the MANAGER for damages suffered as a result of these actions, where it has directly or indirectly caused them, proceeding with the recovery of all costs and expenses incurred, including legal ones.

The Sellers guarantee that their items for sale are free from obvious and / or hidden defects and / or defects. The goods travel at the Seller’s risk. The prices shown are inclusive of VAT and packaging.

The Seller is solely responsible towards the Buyer for the guarantees and no exceptions and / or responsibilities can, in this regard, be moved and / or attributed to the MANAGER.

The Seller specifies the duration of the commercial warranty and reports it on the article description sheet.

 

11. Obligations of the MANAGER

the MANAGER undertakes to keep the E-marketplace up-to-date and functioning at all times, except for necessary breaks due to maintenance or updating or for any other technical reason.

the MANAGER will not respond 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 work; as well as will not respond in any way in the event that the Seller assumes to have suffered pecuniary and non-pecuniary damage, of any nature, as direct and / or indirect consequence of the use of the E-marketplace.

the MANAGER is committed to promoting the platform on web channels, so that it is visible to an ever wider audience.

the MANAGER undertakes to provide the Seller with access to the E-marketplace and any applications connected to it.

The maintenance operations that may prevent the connection to the E-marketplace will be promptly communicated by the MANAGER, except in the event that interventions are necessary which, due to their particular urgency, do not allow giving the aforementioned notice.

The costs of connection to the telematic network as well as those relating to IT, telematic equipment, software programs and any other tool or means necessary to connect to the E-marketplace are the sole and exclusive responsibility of the Seller.

 

12. Duration and withdrawal

These General Conditions for joining the E-Marketplace have an indefinite duration and will be applicable upon confirmation of the Seller’s registration on the E-marketplace.

The Parties may withdraw at any time by sending a request for suspension of activities via email.

The withdrawal exercised by the MANAGER will not entail the payment of any penalty and / or reimbursement and / or indemnity and / or consideration in favor of the Seller, without prejudice to the MANAGER’s right to compensation for any damage that the latter may suffer as a result of the dissolution of the Contract and without prejudice to the Seller’s obligation to pay to the MANAGER, even after dissolution, any amount due by virtue of non-compliance with these General Conditions.

 

13. Express termination clause

Without prejudice to any compensation for damage, this contract will be considered terminated by law even in the event that the Seller violates one of the conditions set out in this document (“Terms and Conditions Seller”) or in the document “General Terms and Conditions of Use of the Website “.

 

14. Publication of Buyers’ evaluations

The Seller explicitly authorizes the MANAGER to approve, at its sole discretion, and to publish on the E-marketplace the ratings and / or reviews expressed by the Buyers and the related comments.

 

15. Data processing

The buyer’s data are processed in accordance with the provisions of the personal data protection legislation, as specified in the appropriate section containing the information pursuant to art. 13 EU Regulation 2016/679 (Privacy Policy).

 

16. Disputes and applicable legislation

These General Conditions of Sale are subject to the law of the Slovak Republic. In any case, you can optionally resort to mediation procedures for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following site: https://webgate.ec.europa.eu/odr.

 

17. ACCEPTANCE OF THE CONTRACT AND MEMBERSHIP TO THE SITE

The request to join the E-Marketplace expressed by the Seller who filled out the request for “Create seller account” in the user area of the Website www.vroomvroomaccessories.com is completed with acceptance by the MANAGER.