Terms & conditions – sellers

STATUTE

In order to be able to list and sell products on the B2B World Platform , it is necessary to accept the Regulations.

The Personal Data Protection Annex and any other annexes constitute an integral part of these Regulations. All references to the Regulations include these Regulations,

The Regulations (together with annexes) regulate the contractual relationship between the eshopscenter.eu platform and the Seller in the scope of services that the eshopscenter.eu website provides to the Seller in exchange for a Fee, by enabling the Seller to present the possibility of cooperation and selling products via the eshopscenter.eu Platform to Customers. , collecting amounts related to the products and transferring them to the Seller, as well as by granting Customers access to the products, in accordance with the Regulations.

1. DEFINITIONS AND TERMS

Seller – a natural or legal person or other legal entity that presents its products on the eshopscenter.eu Platform in order to sell them to Customers;

Product blocking – a measure that may be taken in relation to one or more products

Turnover – all amounts related to Orders, including the fee charged by the Seller for delivery to the Customer, net of VAT and other fees imposed by the Regulations and any other amounts that had to be collected in accordance with the Regulations by the Seller for products sold via the eshopscenter.eu Platform , as this turnover has been certified in detailed reports;

Customer – user of the eshopscenter.eu Platform who has placed an Order for the purchase of products presented and sold by the Seller via the eshopscenter.eu Platform ;

Order – expression of will to purchase a product or products sent/placed by the Customer using the ordering means made available by eshopscenter.eu for Customers;

Completed Orders – Orders for which the Seller has set the status Completed at least once on the eshopscenter.eu Platform ;

Payment Date – the date when the eshopscenter.eu platform will transfer the amounts specified in the Sales Report corresponding to the Reference Period to the Seller’s account, determined under the conditions specified in the Regulations;

Sales Report – a report available in the Sales Panel, which determines the Sales Value from the Reference Period and the value of used Coupons;

Deactivation of the Seller – a sanction that may occur under the conditions specified in the Regulations

National Currency – the currency of the country in which the products will be traded;

Reference Period – time interval taken into account when selecting Orders;

eshopscenter .eu platform – a search engine through which Customers are provided with access to offers of cooperation and presentation of Products along with enabling their purchase and delivery, and Sellers are provided with the opportunity to present Products and offer them for sale;

Products – products offered and sold by Sellers via the eshopscenter.eu Platform ;

Cooperation offers – offers posted on the eshopscenter.eu platform by Sellers, informing about the possibilities, conditions and needs of establishing business cooperation;

Regulations – all legal provisions, decisions, regulations, orders, codes, decrees, principles, regulations or requirements issued, implemented, adopted, promulgated, implemented or otherwise adopted by or under the authority of any governmental authority or by any other regulatory authority in the country in which the Products will be sold and/or in the European Union;

Temporary suspension – a sanction that may occur under the conditions specified in the Regulations.

Regulations – Regulations as well as annexes and any additional documents that regulate contractual relations

between the eshopscenter.eu platform and Sellers in the scope of intermediation that the platform provides to the Seller , in exchange for the Subscription Fee and other Fees, by making cooperation offers and products available to Customers and the Sellers the possibility of presenting their products on the eshopscenter.eu Platform , collecting amounts related to products and transferring them to the Seller and enabling the Seller to sell products via the eshopscenter.eu Platform to Customers, in accordance with the Regulations;

Business Day – every day except Saturdays, Sundays and public holidays.

Mediation – a method of alternative resolution of disputes that could arise between the eshopscenter.eu platform and Sellers as a result of the contractual relationship under the Regulations.

2. REPRESENTATIONS AND WARRANTIES

2.1. The Seller represents and warrants that:

(a) has legal personality and conducts its business in accordance with the law

(b) has legal capacity and all rights required by law to introduce products and cooperation offers to the eshopscenter.eu Platform ,

(c) has obtained all applicable statutory and legal consents to accept the Terms and Conditions;

(d) has full capacity and authority to exercise all rights and fulfill its obligations arising from the Regulations.

2.2. The Seller guarantees the receipt and delivery of the products in accordance with all applicable Regulations, in particular with the legal provisions relating to the marketing of products, including provisions on consumer protection, e-commerce and distance contracts.

2.3. Kowalskimark declares that it is the owner of the eshopscenter.eu Platform and after the Seller accepts the Regulations and verifies the Seller, it will provide the Seller with a place on this platform for the presentation and marketing of its products and cooperation offers.

2.4. The Seller accepts that the eshopscenter.eu Platform may offer for sale and sell through the Platform products similar to its products at the expense of other Sellers who enter into contractual relations with eshopscenter.eu for the purpose of presenting and marketing their products through the eshopscenter.eu Platform .

2.5. The eshopscenter.eu platform accepts that the Seller may offer for sale and marketing its products through other agents or may sell them on its own behalf, the Seller may choose any way in which it wants to sell its products, by accepting the Regulations no restrictions arise.

2.6. The Seller acknowledges that eshopscenter.eu is an independent intermediary and will act as the Seller’s agent, without bearing the risks associated with the sales operation and providing services related to the agent’s activities, such as collecting payments for the Seller and providing assistance (within the limits set out in the Regulations ) Customers who access the eshopscenter.eu Platform to purchase products from the Seller. eshopscenter.eu does not assume ownership or risk of the products, the risk of commercial activity belongs exclusively to the Seller.

3. REGISTRATION CONDITIONS

3.1. Any natural or legal person or other legal entity who wants to present its cooperation offers and products on the eshopscenter.eu Platform for the purpose of selling them to Customers may become a seller who registers on the eshopscenter.eu Platform.

3.2. In order to register, a person/legal person/legal entity must complete the Seller’s registration form on the eshopscenter.eu Platform , provide information and send the documents required in the registration process (e.g., but not limited to, documents regarding the establishment and operation of the entity, documents/information regarding identity statutory representative/partners/shareholders, documents confirming the legality of running a business, etc.) and accepting the Regulations. The registration process will be analyzed after verification of the documents and acceptance of the Regulations by the Seller. The Seller will be informed of the Platform’s decision to accept or reject the Seller’s application.

3.3. The Seller guarantees that the information and documents provided to eshopscenter.eu during the registration process are current, correct and complete. If at any time after the completion of the registration process it turns out that the information and/or documents provided were not current and/or correct and/or complete, eshopscenter.eu reserves the right to unilaterally terminate the contract and limit the Seller’s access to the Platform, without notice. notice, in which case the Seller will not be able to claim compensation, compensation and/or other claims regarding the termination of contractual relations.

eshopscenter.eu reserves the right, during the cooperation, to request the Seller to update the documents and information sent during the registration process.

3.4. Under penalty of unenforceability, in the event of changes to (but not limited to) the company name, legal form, status, registry number, partners, owners, managers, etc., the Seller undertakes immediately send documents confirming these changes to eshopscenter.eu . Furthermore, the Seller undertakes to inform eshopscenter.eu immediately in the event of opening of insolvency proceedings, bankruptcy, temporary interruption of business, dissolution, liquidation, cessation of operations, etc. eshopscenter.eu receiving notification from the Seller will have the right to take the necessary steps to ensure quality services offered to customers and protection of the image of eshopscenter.eu .

3.5. If the Seller requests the assignment of rights and obligations arising from the Regulations, this will only be possible with the consent of eshopscenter.eu by accepting the Assignment Annex and after verification and validation of the assignment documentation that is required in the registration process (such as, for example (but not limited to) documentation regarding the establishment and operation of the enterprise, identification documents of the legal representative, partners, co-owners, etc.).

3.6. In order to ensure the quality of services offered to Customers, if the Seller intends to offer products with one of the groups marked as high risk, eshopscenter.eu reserves the right to request additional information and documentation.

4. FEES. PAYMENT METHOD

4.1. For the services provided by eshopscenter.eu, the Seller pays a monthly fee, to which VAT is added (if applicable).

4.2. T he payment will be made by the Seller by selecting the appropriate Seller Membership Subscription Package. And using the payment methods available on the platform.

4.3. In the event of mutual payment obligations between eshopscenter.eu and the Seller, the Seller declares that it agrees to automatic settlement of invoices issued by both companies, up to the amount of the lowest claim by offsetting, in accordance with the Regulations.

4/13. If the Fees associated with products vary depending on the product category, each Party agrees that if at any time during the term of the Terms and Conditions, after negotiations regarding the Fees, they fail to reach an agreement on the applicable list of Fees for certain products in a particular category, Seller’s access is permitted only in the product category for which the fee has been agreed. With respect to existing categories for which Fees have been changed, the Parties shall negotiate in good faith the new applicable Fees. If the parties do not reach an agreement on the new Fee within 15 (fifteen) days, eshopscenter.eu will not grant access to these categories. The seller can request to reopen the discussion for a new category at any time.

5. TRADE OF PRODUCTS AND PUBLICATION OF COOPERATION OFFERS ON THE eshopscenter .eu PLATFORM

5.1. In order to sell products and present cooperation offers on the eshopscenter.eu Platform , the Seller has the following obligations:

  • the eshopscenter.eu Platform as a means of communication between eshopscenter.eu and the Seller to exchange information;
  • Use the Customers’ contact details available on the eshopscenter.eu Platform if it is necessary to contact Customers in connection with an Order or inquiry;
  • Provide the Customer with correct and complete information regarding products and Orders and cooperation opportunities offered in the Opportunity tab.
  • respond to inquiries from eshopscenter.eu (including Customer inquiries coming via eshopscenter.eu ) or directly from Customers regarding each Cooperation Offer, Order and/or product.
  • Issue appropriate fiscal documents in accordance with the Law for all Orders and deliver them to Customers together with any other document required by law together with the product that is the subject of the Orders;
  • Own, directly or indirectly, all intellectual property rights in connection with the products and cooperation offers (including documents and/or information and/or photos/images provided to eshopscenter.eu in connection with the products and cooperation offers) necessary for the sale of the products and establishing cooperation with an interested party on the eshopscenter.eu Platform , ensuring that by exhibiting/presenting photos and/or materials related to products on the eshopscenter.eu Platform , no rights of third parties and/or permits and/or legal or contractual provisions are violated;
  • Be responsible for the accuracy and quality of information presented and published. In the event of any inconsistencies between the physical product or cooperation offer and the information presented and published, the Seller is the only person/entity responsible for the differences, bearing full responsibility for covering any damage caused to the Customer, third parties and eshopscenter.eu ;
  • Post on the eshopscenter.eu Platform in order to publish on the eshopscenter.eu Platform the terms of cooperation and trade in products with Customers before the date of placing the first Order;
  • Accept eshopscenter.eu Coupons as a method of payment by Customers and as a method of refunding the equivalent of products in the event of a return by Customers, regardless of the reason;
  • Starting from the date to be announced later by eshopscenter.eu , by sending a prior notice, place financial documents (invoices, other financial and tax documents provided for in the applicable Regulations) related to completed Orders on the Customer’s account;
  • Bear all legal consequences arising from failure to comply with contractual obligations resulting sanctions for eshopscenter.eu .

5.2. In order to enable the Seller to present its cooperation offers and products on the eshopscenter.eu Platform for the purpose of selling them to Customers, eshopscenter.eu undertakes to:

  • Within the technical possibilities, enable the Seller to access the eshopscenter.eu Platform in order to present Cooperation Offers and Products on the eshopscenter.eu Platform and enable the performance of operations necessary to conduct business on the eshopscenter.eu Platform .
  • Accept Orders from Customers and submit them to the Seller via the eshopscenter.eu Platform ;
  • Use the eshopscenter.eu Platform as a means of communication to exchange information related to Cooperation Offers, Orders and Products;
  • Assist Customers in the post-sale period by interacting with Seller representatives or its agents regarding Offers, Products and/or Orders;
  • Bear the legal consequences of failure to comply with its contractual obligations, which result in sanctions for the Seller.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. The Seller represents and guarantees that he has all intellectual property rights necessary to present Cooperation Offers and trade in products (including materials related to the description and promotion of products) that he offers via the eshopscenter.eu Platform and takes full responsibility for promotion and marketing and is solely responsible for any infringement of any intellectual property rights or other rights of third parties related to the relevant products and/or information and/or product photos or contained in the Cooperation Offers. If eshopscenter.eu is notified or receives a complaint from Customers or third parties regarding the infringement of third party rights in connection with Cooperation Offers or Products offered through the eshopscenter.eu Platform (including, but not limited to , copyright or related rights, photos, images, designs, names, trademarks, patents, etc.), eshopscenter.eu will forward this to the Seller, who is solely responsible for immediately contacting the rights holder and/or the allegedly injured person, in order to remedy the situation and directly compensate the injured Customers and third parties for their rights, affected. Furthermore, if eshopscenter.eu incurs any expenses, including judicial or extrajudicial expenses, pays compensation to Customers and/or third parties in accordance with the transaction or decision, or suffers damages because the above representation/warranty/ is not true and/or accurate, The Seller has not ensured the legal source of the products and/or materials sold or used for promotional purposes, the Seller is obliged to pay the above-mentioned in full to eshopscenter.eu . expenses, compensation and other damages incurred.

6.2. The Seller acknowledges that all trademarks are valid during the contractual relationship eshopscenter.eu or licensed to eshopscenter.eu are the exclusive property of eshopscenter.eu or its licensors and may only be used with the express prior consent of eshopscenter.eu and solely for the purposes mentioned. The Seller understands that all materials related to eshopscenter.eu trademarks are and remain the exclusive property of eshopscenter.eu . Upon termination of the contractual relationship for any reason, the Seller will return to eshopscenter.eu all materials, documents, information, advertising materials and the like received or created in order to fulfill the obligations arising from the Regulations.

6.3. The Seller is hereby informed that access to the eshopscenter.eu Platform will in no way be considered as a transfer of ownership thereof, to the source codes or any rights related to such IT instruments. All intellectual property rights relating thereto and any subsequent changes and/or updates to such instruments, including product developments and, from the time of their inception, any associated intellectual property rights arising from any work, equipment or invention made/developed by eshopscenter.eu on such IT instruments is and will remain the exclusive property of eshopscenter.eu . eshopscenter.eu grants the Seller a non-exclusive right to use such IT instruments during the contractual period. Furthermore, the technology and know-how , whether patented or not, contained in the services offered by eshopscenter.eu remain the exclusive property of eshopscenter.eu .

6.4. If eshopscenter.eu receives a complaint/notification from a third party/another Seller or identifies articles in the press, social media , etc. regarding a possible infringement of intellectual property rights by the Seller with legal grounds, eshopscenter.eu will be entitled to apply sanctions to block Cooperation Offers and Products that are in trade via the eshopscenter.eu Platform , referred to in the complaint/notification until the situation is clarified, without being liable for any damages or loss of assured revenues or any other direct or indirect losses. Until the situation is clarified, the Seller undertakes not to take any action regarding the Products that are the subject of the complaint/report.

7. CONFIDENTIALITY AND ACCESS TO DATA

7.1. The term “confidential information” applies to and includes:

  • All clauses of the Regulations;
  • Any information, whether tangible or intangible, of a professional, commercial, technical, financial or other nature that is created, developed, received, collected or used in the course of or in connection with the operation of the Parties, including but not limited to information related to identity affiliated companies, commercial partners, consultants, employees of the Parties, including, but not limited to, commercial terms, business methods, corporate plans, management systems, finances, emergence of new business opportunities or research and development projects of the Parties or commercial partners of the Parties, costs, contractual arrangements, market research, intellectual property rights held or used, IT infrastructure, promotional policies, proposals for the development and expansion of the Parties’ business or any other aspects related to the promotion or sale of any products or past, present or future services of the Parties or the Parties’ business partners, including, but not limited to, information and plans regarding sales, market shares and price statistics, marketing plans, market research reports, sales techniques, price lists, purchase prices, discount and rebate structures, promotional and advertising materials, names, addresses, telephone numbers and contact names of customers and potential customers The parties’ customers, suppliers and potential suppliers or the parties’ affiliated companies and business partners, the nature of their business, business methods, processes, inventions, designs, know-how , discoveries and technical information relating to the creation, production or supply of any past, present or future products or services of the Parties or partners of the Parties and commercial partners;
  • Any opinions, suggestions, reports, notes, data, analyses, compilations, studies or other documents prepared by eshopscenter.eu in the course of performing or fulfilling the tasks and attributions provided for in the Regulations or which interpret, comment on, contain, originate or otherwise such tasks or documents described in the Regulations apply.

7.2. The parties undertake and the contract will continue to be valid and to produce its full effects both during the term application of the Regulations, as well as for a period of 3 (three) subsequent years, without taking into account the cessation of application Regulations or performance of obligations and activities in accordance with the Regulations:

  • maintain strict confidentiality and not disclose or permit the disclosure by any person of any Confidential Information; and
  • not to use any Confidential Information for any purpose other than fulfilling its obligations under these Regulations and not to allow the use of any Confidential Information by any third party, unless with the written consent of the other Party.

7.3. The above provisions will not apply if and to the extent that Confidential Information:

  • should be disclosed in accordance with applicable law or regulation and, in such circumstances, only on the condition that, promptly upon such request, the Parties inform each other and take all reasonable steps to cooperate in any action they consider necessary to protect their interests. In each case, disclosure will concern only that part of the Confidential Information that is strictly necessary, and the Parties will cooperate on the date and content of the disclosure and ensure that persons to whom Confidential Information is disclosed understand that it is information to which the Parties agree. in writing that they are non-confidential;
  • is published or publicly available other than as a result of a party’s breach of the Terms or any other obligation of confidentiality;
  • is disclosed to members of the group to which the other Party belongs;
  • this is minimal information disclosed by eshopscenter.eu to third parties (e.g. financial institutions) regarding the activity of Sellers on the eshopscenter.eu Platform only when this information is necessary to analyze the possibility of implementing projects together with these third parties, in order to provide additional services in the most favorable conditions for eshopscenter on the eshopscenter.eu Platform ;

7.4. The subject and duration of processing, the nature and purpose of processing, the types of Customers’ personal data to be processed, the categories of data subjects to whom Customers’ personal data relate, the rights and obligations of eshopscenter.eu and the Seller are detailed in the Personal Data Annex.

7.5. In order to ensure the functioning of the eshopscenter.eu Platform in optimal conditions, fulfill the obligations arising from the Regulations and indicate new methods and functionalities by means of which the Seller is supported in improving performance on the eshopscenter.eu platform , eshopscenter.eu has access to data regarding: prices, availability, content quality, customer interest (traffic, visits, top products with reviews, favorites), reviews. It also has access to data and technical departments responsible for the mechanisms, processes, criteria and algorithms used to classify, display, sort and organize products sold on the eshopscenter.eu Platform .

7.6. The Seller agrees to allow eshopscenter.eu to use all information and documents provided both during the registration process and later, during the term of the Regulations, including, but not limited to, the name of the company, registered office, shareholders/partners and/or administrators in order to conduct reputation checks on the Seller and the people who own/manage it. For the avoidance of any doubt, the ability or action of eshopscenter.eu to carry out checks in accordance with this clause, during the registration process, and when eshopscenter.eu deems it necessary, does not eliminate any obligation and/or liability of the Seller to act in accordance with the provisions of the Regulations.

8. DURATION AND TERMINATION

8.1. The Regulations enter into force on the day of their acceptance by the Seller, for an indefinite period.

8.2. Existing contractual relations between eshopscenter.eu and the Seller based on these Regulations will cease:

  • based on the written agreement of the Parties;
  • by unilateral termination by the Seller, with 30 (thirty) days’ notice, in which case neither Party may seek compensation, compensation and/or other claims regarding the termination of the contractual relationship. Until the notice period expires, the Seller’s access to the Platform will not be limited.
  • by unilateral termination by the Seller within 30 (thirty) days from the date on which eshopscenter.eu modifies the Regulations, if the Seller does not agree with the changes proposed by eshopscenter.eu . Until the expiry of the notice period, the Seller’s access to the Platform will not be limited.
  • by unilateral termination by eshopscenter.eu , with a period of 30 (thirty) days, and neither party may demand compensation, compensation and/or other claims regarding the termination of contractual relations. During the first 20 days from sending the notification, the Seller’s access to the Platform will not be limited. After the first 20 days, the Seller will only be able to manage Orders, returns and other Customer requests/complaints, but the products will no longer be active on the eshopscenter.eu Platform and it will not be possible to place Orders. After 30 days, the Seller will no longer have access to the eshopscenter.eu Platform .
  • by notice by either Party, after 30 (thirty) days from the date of notification, without any other formalities or court intervention, if any of the Parties breaches any of the obligations set out in the Regulations that are not the subject of other termination clauses and fails to remedy the breach in the date specified in the notification;
  • by terminating eshopscenter.eu , after a period of 30 (thirty) days from the date of notification, without any other formalities or court intervention in the event that the Seller is in a situation that resulted in its Deactivation;
  • by termination by eshopscenter.eu from the date of submission of the notification, without any other formalities or court intervention, as a result of eshopscenter.eu finding a breach of the obligations arising from the Regulations regarding the marketing of a given Product or Cooperation Offer, including obligations regarding compliance with intellectual property rights , the repair of which is not possible, in the event of redirection of the order/customers, repeated cases of exceeding the obligation to use appropriate language in communication or notifications sent to eshopscenter.eu and customers or in other cases expressly provided for in the Regulations. From the date of sending the notification, the Seller will no longer have access to the Platform;
  • by notice by eshopscenter.eu from the date of submission of the notice, without any other formalities or court intervention, after eshopscenter.eu has ascertained the fact that the partner, administrator, spouse or relative to the second degree, partner or administrator had the status of partner, administrator, administrator or co-owner or the actual manager of another company with which eshopscenter.eu previously ceased cooperation as a result of failure to fulfill contractual obligations;
  • other cases expressly provided for in the Regulations

8.3. Termination of contractual relations in any form does not affect existing obligations between the Parties.

8.4. Upon termination of contractual relations under the Regulations, for any reason, historical information regarding the activities conducted by the Seller on the eshopscenter.eu Platform (order history, complaints, returns, financial data, etc.) will remain on the Seller’s account on the eshopscenter.eu Platform .

8.5. In the event of termination of contractual relations, for any reason, eshopscenter.eu will have the right to retain all or part of the amounts collected under the Regulations for a period of 30 days from the date when the last Order received by the Seller is completed.

9 . RESPONSIBILITY. LIMITATION OF LIABILITY

9.1. In the event of failure by either Party to fulfill the obligations arising from the Regulations (including its annexes) or specified in the Regulations, the Party shall be liable for damage caused to the other Party, Customers or third parties, as applicable, and the other Party has the right demand from the guilty Party a refund of the amounts it has paid in connection with such Orders and/or the equivalent products that are the subject of such Orders and/or the Fees related thereto, as well as any other expenses or damages incurred in connection with the relevant Orders and/or the promotion and/or sale of the products.

9.2. The parties are entitled to full compensation for any damage, regardless of its nature, suffered as a result untimely performance, improper performance or actual non-performance (total or partial) of any of the obligations incurred in accordance with the Regulations.

9.3. eshopscenter.eu reserves the right, in the event that the obligations assumed by the Seller in accordance with the Regulations are not respected by him and cause negative effects on the business and image of eshopscenter.eu , to prohibit the Seller from accessing his account on the eshopscenter.eu Platform .

9.4. The presentation of Cooperation Offers and Products on the eshopscenter.eu Platform will be made in the form established by eshopscenter.eu (based on a general algorithm applicable to all Sellers) in a non-discriminatory manner . Except for special situations ( eshopscenter.eu advertisements or similar), eshopscenter.eu does not guarantee the Seller that Cooperation Offers and Products will be in a specific position / with a specific priority. eshopscenter.eu reserves the right to change the structure of the eshopscenter.eu Platform and categories, as well as to reclassify products into categories, based on criteria/rules that will be communicated in advance and will apply to all participants of the platform and without direct intervention in the information provided by the Seller regarding the products. eshopscenter.eu is not responsible for unrealized sales as a result of eshopscenter.eu changing the structure and/or categories on the eshopscenter.eu Platform .

9.5. Until the Seller fulfills and/or repairs all obligations arising from the Regulations, eshopscenter.eu may decide to temporarily suspend or deactivate the Seller under the conditions specified in the Regulations and the Seller has no claims in this respect.

9.6. If the Seller has a technical, organizational and commercial structure in which there are other traders, thereby placing on the eshopscenter.eu Platform both Cooperation Offers, products sold by the Seller, and products sold by these traders, the Seller who has accepted the Regulations is liable both to the Customers as well as towards eshopscenter.eu regarding the activities of these people on the eshopscenter.eu Platform and their compliance with the Regulations and principles of operation of the eshopscenter.eu Platform . The seller is therefore responsible, among others, for: for: customer complaints, warranty insurance, compliance with return conditions, intellectual property rights, rules of conduct, correct issuing of financial and accounting documents to customers, etc. For clarity, the Seller accepts that eshopscenter.eu will not have any commercial relations with merchants for whom the Seller provides this structure, the risk of operating on the Platform belonging to eshopscenter.eu belongs exclusively to the Seller. The Seller is obliged to inform eshopscenter.eu about the existence of such an organizational structure before accepting the Regulations or upon establishing/purchasing such structures.

10. FORCE MAJEURE

10.1. Any unforeseeable and insurmountable circumstance, independent of the will of the Parties, occurring during the validity of the Regulations and making it impossible to perform the undertaken obligations, will be considered Force Majeure and will release the appointing Party from fulfilling this obligation.

10.2. During a Force Majeure event that prevents one or both Parties from fulfilling their obligations, the Parties are released from fulfilling their obligations. If Force Majeure does not cease within 3 (three) months of its notification, either Party may terminate the contract.

11. NOTIFICATIONS

11.1. Any communications or letters addressed to eshopscenter.eu are valid if sent by post/courier with acknowledgment of receipt to the following address: eShopsCenter.eu ul. Borówkowa 21/2, 05-270 Marki

or

via messages from the eshopscenter.eu platform.

11.2. Correspondence or notifications addressed to the Seller will be forwarded to the contact details provided in the Seller’s account on the eshopscenter.eu Platform .

11.3. The Seller undertakes to immediately inform eshopscenter.eu in the event of a change in the identification data, address and/or telephone number and/or email address indicated for correspondence, letters or notifications, as well as the contact person/designated representatives.

12. APPLICABLE LAW

12.1. The interpretation, validity and enforcement of the provisions of these Regulations, as well as all rights and actions of the Parties in accordance with these Regulations, are subject to Polish law.

13. HANDLING OF COMPLAINTS.

13.1. In order to properly and efficiently resolve complaints from the Seller within a reasonable time, eshopscenter.eu provides an internal complaint handling system regarding:

  • alleged failure by eshopscenter.eu to fulfill its obligations under the Regulations;
  • technological aspects regarding the provision of intermediation services by eshopscenter.eu affecting the Seller;
  • measures taken by eshopscenter.eu in the scope of providing intermediation services to the Seller under the Regulations;
  • measures taken or behavior of eshopscenter.eu in connection with the provision of intermediation services relating to the Seller to the Seller, pursuant to the Regulations.

13.2. The Seller will be able to send complaints via his/her account on the Platform or in another way provided by eshopscenter.eu . The Seller is obliged to use only the communication channels provided within the platform and to comply with the procedure for resolving existing situations without duplicating inquiries and misusing contact details of eshopscenter.eu employees .

13.3. eshopscenter.eu will immediately take over the Seller’s complaint and analyze it appropriately. Complaint will be considered within 14 days. eshopscenter.eu’s response will be sent to the Seller via the “Notification Board” section of the Platform or to the contact details provided by the Seller in his/her account.

14. PRESENTATION OF PRODUCTS AND COOPERATION OFFERS ON THE eshopscenter .eu PLATFORM

14.1. The Seller will upload information regarding the offer and/or characteristics and specifications of the products to the eshopscenter.eu Platform, in accordance with the principles set out in the Regulations. eshopscenter.eu has the right to refuse the presentation of offers or products that do not correspond to the profile of the eshopscenter.eu Platform or do not respect its format/technical specifications. The presentation of an offer or product on the eshopscenter.eu Platform does not imply any warranty or liability of eshopscenter.eu with respect to the relevant products, eshopscenter.eu has the right to verify the information and / or photos of products presented at any time and to Block products that it considers inappropriate, with appropriate notification to the Seller.

15. ACCEPTANCE, PROCESSING AND DELIVERY OF ORDERS

15.1. eshopscenter.eu receives Customer Orders through any of the channels that eshopscenter.eu makes available at any time and forwards them to the Seller via the eshopscenter.eu Platform .

15.2. eshopscenter.eu may at any time, for security reasons, based on the obligations imposed by the applicable Regulations or pursuant to an official act, impose certain limits on the number of transactions (Orders) or the total amount of transactions (Orders in a given period). eshopscenter.eu shall not be liable to Customers and/or the Seller for failure to complete Orders exceeding such limits.

15.3. The Seller will respond to each Customer Order placed via eshopscenter.eu and update the statuses via the eshopscenter.eu Platform , in turn, as follows:

  • Immediately after sending the Order by eshopscenter.eu , the Seller will confirm receipt of the Order and reserve the ordered products. Status: Pending payment.
  • The order is canceled on the eshopscenter.eu Platform directly by the Seller. Status: Canceled by Seller.
  • The Customer or eshopscenter.eu, at the Customer’s request, cancels the Order. Status: Canceled.
  • The seller will carry out the necessary logistics operations to prepare the related products

Order ( picking ). Status: Ready for shipment/collection.

  • The Seller will send the product in accordance with the information obtained from the Customer in the placed order. Status: Sent.
  • The Customer will collect the ordered products from the Seller, or the Seller will receive information about the successful delivery of the shipped products. Status: Completed
  • The Customer returns a product from a completed Order or the product from a completed Order was not sent to the Customer and the order was not canceled by the Seller. Status: Returned.

15.4. Any changes to the Order will be made by the Seller only with the Customer’s consent and with immediate introduction of changes to the eshopscenter.eu Platform . If changes to the Order are made outside the eshopscenter.eu Platform , the Seller undertakes to immediately provide eshopscenter.eu changes made. eshopscenter.eu reserves the right to optionally verify the correctness of statuses and changes made by the Seller, including, among others: control through customer surveys. The Seller is the only one who can be held liable towards Customers, third parties and eshopscenter.eu for damages caused in the event of changes to the Order without the Customer’s consent and/or without immediate changes to the eshopscenter.eu Platform and/or immediate notification to eshopscenter.eu .

15.5. The Seller undertakes to issue financial documents taking into account the Order price given on the eshopscenter.eu Platform at the time of placing the Order. In the event of price differences caused by the Seller’s errors, the Seller undertakes to bear the costs resulting from this error. If return invoices are issued after 60 days, the Seller will have to demonstrate the reasons for not issuing them by that date and send supporting documents.

15.6. The price of the products set by the Seller on the eshopscenter.eu Platform must include any legal surcharges so that Customers are correctly and fully informed about the costs of the products, including the value of VAT and, as the case may be, ecological tax or other taxes and customs duties related to the product, eshopscenter.eu is not responsible for determining, collecting or paying any fees or charges related to products sold through the eshopscenter.eu Platform .

15.7. Payment methods for Orders that must be made available to Customers are: online , by bank card, by transfer (PO) to the Seller’s account indicated by the Seller and provided by eshopscenter.eu , as well as in any other way available on the eshopscenter.eu Platform for payment for products.

15.8. In the case of payments made online by bank card by Customers, the Seller expressly authorizes eshopscenter.eu to accept and process online card payments on the eshopscenter.eu Platform , in the name and on behalf of the Seller.

15.9. eshopscenter.eu will examine the accuracy of the information provided by Customers and will bear the risk of fraud related to bank cards by Customers only within the limits and under the conditions imposed by legal regulations.

15/10. eshopscenter.eu is not responsible for verifying the eligibility and legality of purchases made by customers.

15/11. Payment made online by bank card by Customers for products ordered on the eshopscenter.eu Platform will be made to the eshopscenter.eu account , and eshopscenter.eu will collect the price related to the orders on behalf of the Seller. eshopscenter.eu will transfer to the Seller the amounts related to the payment for products purchased online with an online card during the Reference Period, after deducting any amounts that may be withheld under the Regulations, other arrangements between the Seller and the eshopscenter.eu platform or legal provisions.

15/12. eshopscenter.eu will be able to provide interested financial and banking institutions and investigative bodies with useful information regarding the identity of the Seller and transactions suspected of fraud or confirmed as fraudulent, made on the eshopscenter.eu Platform for the Seller’s products.

15/13. eshopscenter.eu may decide to grant a discount to the Fees set out in the Regulations, based on an algorithm that will be previously sent to the Seller using the contact details from the Seller’s account.

15/14 . T he delivery of the products is the sole responsibility of the Seller. Seller undertakes to ensure delivery/collection to/for Customers of products from Orders, in accordance with the standards of the eshopscenter.eu Platform and Customers’ wishes, to the address indicated by the Customer, via an appropriate courier who can ensure full integration with the eshopscenter.eu Network System or collection from the place of collection of the products at the Seller’s indicated in the order or another form of delivery/collection available to sellers on the Platform.

15.15. The Seller undertakes to comply with the delivery conditions posted on the eshopscenter.eu Platform and the delivery place indicated in the Customer’s Order. All delivery conditions must be communicated and agreed in writing with eshopscenter.eu.

15/16. Any complaints received from Customers and third parties regarding Orders during Business Hours must be considered by the Seller on the same Business Day. Complaints received outside Business Hours will be considered on the next Business Day.

15/17. The Seller will ensure that all documents are properly completed for each Order transport on the eshopscenter.eu Platform and will add them to the ordered products.

16. CANCELLATION OF ORDERS, EXERCISE OF THE RIGHT OF WITHDRAWAL AND RETURN OF PRODUCTS

16.1. Orders may be canceled:

  • By a client
  • By eshopscenter.eu at the Customer’s request expressed before shipment/collection, in which case the Seller will immediately update the status of the Order on the eshopscenter.eu Platform ;
  • by the Seller for various reasons that prevent him from delivering the products in the agreed quantity and on time;

16.2. Except where the product was no longer available (The customer was informed by the Seller that the product is no longer available and canceled the order because he did not want to wait anymore, he did not want another product), the Customer is not satisfied with the delivery date, the Seller asked the Customer to cancel the Order, Orders canceled by Customers or eshopscenter. eu at the request of the Customer are not the fault of eshopscenter.eu or the Seller.

16.3. The customer has the opportunity to exercise the right to withdraw from a distance contract within the deadlines specified in the applicable Regulations. If the right of withdrawal is exercised in connection with products delivered by a courier, the deadline for exercising the right of withdrawal will be counted from the date of delivery of the product to the Customer.

16.4. The Seller will immediately inform eshopscenter.eu after receiving from the Customer any product returned in accordance with the Regulations, otherwise eshopscenter.eu is entitled to retain the related Fee (if any).

16.5. If the Customer exercises the right to withdraw from a distance contract or requests the return of products, without giving a reason, eshopscenter.eu reserves the right to block the amounts related to the products for which the right of withdrawal or request for return was exercised until the request is resolved. , on the basis of which the right of withdrawal was exercised or, depending on the case, a refund request in accordance with the applicable Regulations, regardless of the method of settlement.

16.6. If Customers exercise their right to withdraw from the contract in accordance with the Regulations, eshopscenter.eu will refund the Customer for the returned products within the return period specified in the applicable Regulations or shorter (set by eshopscenter.eu to support the Customer), and recover these amounts from the Seller by retaining them from the amounts collected by eshopscenter.eu on behalf of and for the benefit of the Seller. In this case, the Parties declare that the provisions on statutory subrogation do not apply.

16.7. If the products returned by the Customer do not meet the return conditions provided for in applicable Regulations (such as, among others: the product(s) have been/have not been returned, etc.) and eshopscenter.eu has ordered a refund of the amounts paid by the Customer before the refund deadline specified in the Applicable Regulations, the Seller will inform eshopscenter.eu about the situation via Messenger no later than 5 business days from the date of receipt of the products and will indicate any damages it considers to have been incurred. In all situations in which the returned products do not meet the return conditions referred to above, and eshopscenter.eu has ordered the refund of the amounts paid by the Customer before the return deadline resulting from the applicable Regulations, the Seller will provide eshopscenter.eu with evidence confirming the condition of the given Product (e.g. his photos and/or video recordings, other documents). Based on the information received from the Seller, eshopscenter.eu will issue a “Notification of Compensation”, the role of which is to determine the amount related to the product( s ) that do not meet the return conditions, on the basis of which eshopscenter.eu will create a compensation accounting document and refund the value of the damage incurred to the Seller. In no event may the amount refunded exceed the amount originally paid by the Customer for the product to be returned.

16.8. eshopscenter.eu reserves the right not to compensate the Seller for the amount related to the product( s ) for which he has been notified of non-compliance with the return conditions, if there is evidence that the Seller is trying to cheat the compensation system implemented by eshopscenter.eu, for the purpose of obtaining undue amounts or enriching oneself without just cause.

17. TERMS OF WARRANTY AND SERVICE

17.1. Each product will be covered by a warranty in accordance with the applicable Regulations applicable to those products. The Customer will be informed about the terms of the warranty before purchasing the product, and the Seller is obliged to provide the Customer with a Warranty Certificate along with the product, if required by applicable regulations.

17.2. The Seller’s liability under the warranty applies both to the replacement of the product and to possible losses of the Customer, third parties or eshopscenter.eu , arising in connection with physical defects of the products delivered by the Seller, on the terms specified in applicable legislation.

17.3. In the event of failure by the Seller to fulfill any of the warranty obligations within the periods provided for in the laws, eshopscenter.eu will have the right to take any action it deems necessary to exercise the rights of the Customers, in accordance with the law, any amounts paid by eshopscenter.eu in such circumstances are recovered by deducting these amounts from the amounts collected by eshopscenter.eu on behalf of the Seller. In the event of withholding such amounts, eshopscenter.eu will inform the Seller about the withheld amount, Art. 4.6 of the Regulations shall apply accordingly.

17.4. The Seller is solely responsible to the Customer for compliance with the Regulations scope:

  • replacement of products found to be defective on the date of sale or returned by the Customer as defective;
  • the duration of the statutory warranty, including the commencement of the warranty period, suspension or loss of product warranty;
  • any corrective actions.

18. TAXES

18.1. Except as provided by law, the Seller is solely responsible for compliance with applicable VAT Regulations and for collecting, declaring and paying all taxes and fees related to the activities conducted on the eshopscenter.eu Platform .

19 . OTHER PROVISIONS

19.1. The Regulations (together with all its annexes) constitute the entire agreement of the parties regarding the subject matter these Regulations, which supersedes and invalidates all previous agreements, statements and understandings of the Parties regarding its subject matter.

19.2. Any changes or additions to the Regulations must be made in writing (including electronic form) in accordance with provisions of this point, eshopscenter.eu reserves the right to modify any clauses contained in the Regulations (including its annexes) at any time. The changes will be shared with Seller on his account on the Platform at least 15 (fifteen) calendar days before their entry into force. Changes or supplements to the Regulations may be made without the 15 (fifteen-day) implementation period if:

  • are imposed as a result of a legal or regulatory obligation imposed on eshopscenter.eu in accordance with the law.
  • means a wording that does not change the content or meaning of the Regulations. If the Seller continues to use the eshopscenter.eu Platform , after this period he is deemed to have accepted the relevant changes. Updated versions of any document forming part of the Regulations will prevail.

19.3. If there is no consent to the proposed changes, before the deadline specified in the notification about the change to the Regulations, the Seller will have the opportunity to unilaterally terminate the Regulations in accordance with the provisions of Chapter 8. Duration and termination. Notice of termination will take effect power within 15 (fifteen) days of its submission.

19.4. Documents constituting the Regulations (including all annexes and subsequent additional documents) will be available on the Seller’s account on the eshopscenter.eu Platform after acceptance, in a way that allows Sellers access and save their content at any time.

19.5. In the event that any provision of the Regulations is or becomes illegal, invalid, invalidated or proves to be ineffective or unenforceable pursuant to the Regulations or a judgment court, this will not affect the legality, validity and application or enforceability of the remaining provisions of the Regulations as a whole.

19.6. The parties agree that failure to perform any of the obligations provided for in the Regulations will be result in notifying the Party of default.

19.7. The parties agree not to make any public appearances or statements in the press denigrating the image of the other Party.

19.8. Any public statements by either Party in connection with a partnership governed by the Regulations will be accepted in advance by the other Party, with the exception of marketing activities and communications made by eshopscenter.eu in order to promote the eshopscenter.eu Platform and/or products and/or services sold by the Platform.

19/9. The current version of the Regulations enters into force on the date of express or tacit acceptance by the Seller, but not earlier than August 1, 2024.

19/10. The terms and conditions are written in English.