Terms and Conditions – Purchasing and Mobile Web Application Services | Marketplace | Online Marketplace

Definitions:

    • Terms and Conditions – these general terms and conditions.
    • Provider and operator of the “Marketplace”/online marketplace platform – SUNRISE IT AND SOFTWARE SOLUTIONS L.L.C-FZ, located at Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba, Dubai, United Arab Emirates
    • Local administrator of the platform for the Czech Republic market – Hangzhou Spectrum Supply Chain Co., LTD, CN Room 212, Building 3, 1413 Moganshan Road, Gongshu District, Hangzhou City, Zhejiang Province, ID:91330105MACKQMLL44, VAT: 91330105MACKQMLL44.
    • User – an individual who enters into a service contract with the provider
    • Service Agreement – an agreement concluded between the provider and the user for the provision of services.
    • Civil Code – Act No. 89/2012 Coll., Civil Code, as amended.
    • Services – the provider’s performance under the service agreement towards the user specified in point 2. of the terms and conditions.
    • User Account – a virtual environment provided to the user by the provider based on the service agreement
    • User’s Email Address – the address provided by the user in the registration form
    • Helpdesk – a place for electronic communication between the user and the provider, email address [email protected]

Explanations:

  • Provider and operator of the platform/online marketplace– Operates the platform. Operates the platform and is responsible for approving and accepting verified and high-quality merchandise sellers who can register on the platform from around the world. It is also responsible for receiving orders from customers, processing product complaints, responsible for the overall operation of the platform, and for the merchandise offered by the platform.
  • Local administrator of the platform for the Czech Republic market – is a legal entity that provides a service to the platform operator and helps it make purchases in the Czech Republic based on a cooperation agreement. Further information, specifications of activities and services provided by the local platform administrator to the operator are confidential and are part of the service agreement.

1. General Provisions

1.1. These terms and conditions apply to purchases on the “Marketplace”/online marketplace platform velomont.com. The conditions define and specify the rights and obligations of the platform operator, the seller, and the buyer (customer).

1.2. The shopping platform is operated on a website located at the internet address www.velomont.com

1.3. The platform operator is SUNRISE IT AND SOFTWARE SOLUTIONS L.L.C-FZ, Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba, Dubai, United Arab Emirates (hereinafter referred to as the “operator“).

1.4. The local administrator of the platform for the Czech Republic market, representation for the Czech market, platform agent– Hangzhou Spectrum Supply Chain Co., LTD, CN Room 212, Building 3, 1413 Moganshan Road, Gongshu District, Hangzhou City, Zhejiang Province, ID:91330105MACKQMLL44, VAT: 91330105MACKQMLL44.

1.5. The platform enables foreign entities to sell goods through it. The list is part of these terms and conditions.

1.6. The operator of the platform velomont.com is not the seller of the goods traded through the platform velomont.com, but rather facilitates the conclusion of purchase contracts between sellers and customers by operating a web presentation as a platform, allowing sellers to present their goods and customers to express interest in selected goods, and facilitates the exchange of information between the seller and the customer until a purchase contract is concluded.

1.7. The platform operator is authorized by individual sellers to declare these terms and conditions of the contract, and further handles some other matters for the sellers to be part of the purchase contracts concluded through the platform velomont.com.

1.8. These terms and conditions apply to consumer purchases.

1.9. Through the product catalog located at the internet address www.velomont.com, the platform operator enables customers to make proposals (orders) for the purchase of this merchandise.

1.10. The merchandise on the platform velomont.com is visually presented and includes its name, description, size chart, purchase price, and any additional information.

1.11. Czech manuals are not typically supplied with products because Sellers are located outside EU countries. However, the Operator endeavors to accommodate Buyers, and for complex products, will provide a Czech manual in electronic form upon request if available. If a manual is not available, the Operator undertakes to provide the Buyer with such guidance through customer service so that the product can be used without any issues.

1.12. In matters where the choice of law is permissible, purchase contracts concluded through the platform velomont.com are governed by the law of the Czech Republic.

1.13. Communication between the buyer and the seller takes place until the possible conclusion of the contract through the platform. Any communication between the buyer and the operator takes place through electronic mail. The contact address of the operator is [email protected].

2. Ordering and Conclusion of Purchase Contract

2.1. The customer selects merchandise for ordering by adding it to the shopping cart on the platform, more information in the how to shop section.

2.2. By completing and submitting the order form from the web interface on the platform, the customer makes a binding order for the selected merchandise. By sending the order, the buyer confirms that they have read and agree to these terms and conditions. The condition for the validity of the electronic order is the completion of all required data and requirements by the form. The customer is obliged to check all filled-in data and all choices made by them before submitting the order form, where variant

execution or variant negotiation is offered. Until the order form is submitted, the customer can correct errors and also change the content of the order. The buyer is allowed to familiarize themselves with these general terms and conditions before submitting the order.

2.3. The order is a proposal for a purchase contract addressed alternatively to entities selling merchandise through the platform velomont.com.

2.4. The platform operator transfers the order to entities selling selected merchandise through the platform velomont.com, either directly or using platform chains through another platform designated by the sellers.

2.5. The platform operator promptly confirms to the buyer the receipt of the order by electronic mail to the address provided by the buyer in the order.

2.6. Together with the confirmation of the order receipt, a recapitulation of the customer’s order is sent. Confirmation of the order receipt means confirmation of its acceptance by the platform operator for further processing.

2.7. The conclusion of the purchase contract between the buyer and the seller occurs by the acceptance (confirmation) of the order by the seller, for which the customer receives confirmation through the platform velomont.com, or using platform chains also through another platform designated by the sellers.

2.8. The contract is concluded with the seller who accepted the customer’s order. Upon conclusion of the purchase contract, the order loses its effects towards other sellers.

2.9. The contract consists of the order, confirmation of its acceptance, and these general terms and conditions. The wording of all specified parts of the contract is made accessible to the customer by either being sent to the customer (see, e.g., paragraph 2.4) or by allowing the customer to download or print it (general terms and conditions located at the internet address www.velomont.com). The contract is concluded in the Czech language; some parts of it may be in English.

2.10. The contract is archived by the platform operator in electronic form and is not accessible to third parties except the seller.

2.11. In the event that the platform operator informs the buyer of the rejection of the order by electronic mail to the address provided by the buyer in the order, the order becomes non-binding without concluding a purchase contract. The platform operator is entitled to reject the order, especially due to the exhaustion of merchandise stocks and its long-term unavailability. The platform operator is also entitled to reject the order because the customer, during the one-year period immediately preceding their current order (i.e., at the time of its delivery to the operator), repeatedly, at least in two cases, unreasonably or unjustifiably refused to accept the merchandise purchased through the platform www.velomont.com

2.12. The customer may become a registered customer for the purpose of ordering merchandise.

2.13. The standard time for dispatching an order is 24 hours, however, in some cases, the Operator and Sellers reserve the right to dispatch an order up to 25 working days from the time of payment for the order. From this time onwards, the delivery time of the merchandise follows, as stated in the Delivery Terms section.

2.14. The customer expressly agrees that the order cannot be canceled after payment. Once the order is successfully paid, it is handed over by the shopping platform operator to the seller, who is already working on its preparation and dispatch. The customer thus agrees that if they are unsure about the order, they will wait until they verify that they really want to place the order by paying for it.

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3. Content of the Purchase Agreement

3.1. The subject matter of performance under the concluded purchase agreement is the delivery of goods specified in the buyer’s order accepted by the seller through the platform, in the quantity and at the price determined in the same manner.

3.2. The effectiveness of the contract is subject to the fulfillment of a suspensive condition. The suspensive condition is the payment of the purchase price by the buyer.

3.3. The place of delivery of the goods is the address provided by the buyer in the order form. The delivery of goods is carried out only to locations within the Czech Republic.

3.4. The goods are dispatched to the place of delivery from abroad.

3.5. The method of delivery of the goods is chosen by the buyer when filling out the order form.

3.6. Delivery terms, including information on any shipping charges, are specified in detail in a separate section HERE. These delivery terms are part of these terms and conditions.

3.7. The operator reserves the right to extend the delivery time in the event of temporary impossibility of delivery due to unavoidable and unforeseeable obstacles or force majeure events that occurred without its fault, depending on these obstacles. Unavoidable and unforeseeable obstacles or force majeure include, in particular, uprisings, unrest, extreme weather fluctuations, epidemics, quarantines, strikes, transportation and transit restrictions independent of the will of the Operator, etc.

3.8. During the delivery of goods, customs clearance may be required. Any customs duty is not included in the specified purchase price. If clarification of the correct procedure for customs clearance is needed, the buyer may contact the platform operator with their queries.

3.9. The method of payment of the purchase price is chosen by the buyer when filling out the order form. The price is paid in Czech crowns.

3.10. Payment terms are specified in detail on the website www.velomont.com in a separate section HERE. These payment terms are part of these terms and conditions.

3.11. If, in addition to the purchase price of the goods, the buyer also pays shipping (postage) or other charges related to their order, all payments shall be made at once.

3.12. Ownership of the goods passes to the buyer upon payment of the purchase price and upon receipt.

3.13. The buyer is obliged to check the condition of the consignment upon receipt. If the delivered consignment is damaged, the buyer shall make a note of it with the carrier.

3.14. Rules for processing personal data and rules for their protection are specified in detail on the website www.velomont.com in a section titled Personal Data Processing Principles. These rules are part of these terms and conditions.

3.15. When selling goods through the platform velomont.com using chain platforms, the seller is not entitled under any circumstances to invoke trading rules set for the subsequent platform designated by sellers.

4. Other Provisions

4.1. Czech instructions are not provided as standard with the goods. If the Operator has a Czech or English manual in electronic form available, it will provide it to the Buyer upon request.

4.2. The Operator undertakes to resolve any losses or damages to shipments with goods from the Seller to the Buyer in favor of the Buyer so that the Buyer does not incur any damage as a result of this event.

4.3. The Operator is not responsible for damage caused by improper handling of the goods.

4.4. The Operator’s fee is included in the amount specified for the goods in the Operator’s shopping gallery.

5. Complaints

5.1. The Operator undertakes to handle complaints about its services (non-delivery of goods, delay in delivery of goods, or delivery of other goods).

5.2. The Operator is not responsible for the quality and quality of goods or for the compliance of goods with Czech standards or European norms.

5.3. Complaints about delivered goods (claims for liability for defects in goods or for damage caused by defects in goods) are dealt with by the Buyer independently directly with the Seller of the goods.

5.4. If the Buyer requests, the Operator will handle the complaint of the goods for the Buyer with the Seller under these conditions:

a) no more than 5 days have elapsed since the delivery of the goods,

b) the claimed goods are claimed within a five-day period via the complaint form (HERE)

c) the goods designated for complaint must not bear signs of use

6. Protection of Personal Data

6.1. The Buyer’s personal data is stored in accordance with applicable regulations.

The Buyer’s personal data is fully secured against misuse and is protected in accordance with relevant legal regulations on the protection of personal data. By submitting an order for a service, the Buyer agrees that his personal data provided to the Operator in connection with the processing of the order may be processed by the Operator for the purpose of fulfilling the contract, including the possible provision of this data to the Seller if necessary for the execution of the order. Apart from these cases, the Buyer’s personal data will not be provided to any third party without his explicit consent. Only the local administrator has access to this data and is obliged to maintain the confidentiality and security of this data in accordance with applicable legal and organizational requirements.

6.2. By providing his data when using the platform (purchase, participation in a competition, signing up for newsletters, contributing to discussions, using customer service, etc.), the Buyer agrees to receive information related to the platform’s services and Sellers to the email address provided by the Buyer during registration or in the order, and further agrees to receive commercial communications to this email address or via SMS. The Buyer’s consent as a user to receive commercial communications is voluntary. The Buyer as a user is entitled to revoke this consent in writing or electronically at any time.

6.3. Personal data is processed for the period necessary, and the conditions for the protection of personal data are specified HERE

6.4. The Buyer acknowledges that the Operator must provide the seller with the Buyer’s personal data outside the European Union. The Buyer expressly consents to the transfer of this data to a third party – the seller. The Buyer acknowledges that the Operator is unable to influence the handling of Buyer data and that the handling of personal data outside the EU is not subject to REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

7. Termination and Amendment of the Agreement

7.1. If the Operator subsequently discovers, i.e.,

after the initial verification of the availability of the goods with a positive result (point 2.6), that the goods ordered by the Buyer from the Seller are not in stock, it will offer the Buyer alternative goods (if available) and if not approved by the Buyer, it will refund the total amount to the Buyer’s account and cancel the order.

7.2. The local administrator refunds the money to the Buyer’s bank account, which the Buyer communicates to him for this purpose.

8. VAT

For all orders placed, we can guarantee that they will be subject to VAT (IOSS) within the One Stop Shop import regime. In short, this means that the platform operator guarantees that all shipments will have customs duties, VAT, or other charges paid for the customer in full. For larger volume shipments, it may happen that they are still held at customs. In this case, the customer can contact customer support, and all these charges will be reimbursed by the Operator at their expense. Furthermore, it is necessary to take into account that there is a very small chance that a shipment may be randomly selected by the customs department in accordance with the laws of the Czech Republic, and it will be necessary to document its actual value. In such a case, unfortunately, it is necessary to contact customer support again, which will fully resolve everything for the customer so that the customer does not have to deal with anything, and all charges will be paid by the Operator in full.

B. SPECIAL PART

1. Protection of Intellectual Property

1.1. Entities selling goods through the platform velomont.com are required to respect the intellectual property rights of third parties.

1.2. Anyone who believes that the intellectual property rights of a third party are being infringed in the case of certain goods sold through the platform is invited to report it by email to [email protected]. It is necessary to precisely identify the goods concerned and provide circumstances that will allow the matter to be assessed by specifying or otherwise defining the right that is being infringed.

1.3. The platform operator will forward such a report to the seller of the relevant goods with a request for remedy.

1.4. In the case of a clearly justified report, the platform operator is authorized to prevent further offering and selling of the relevant goods through the platform velomont.com

2. Instructions on Handling Waste Electrical and Electronic Equipment

2.1. The Operator appeals to customers to use separate collection of waste electrical equipment.

2.2. Operators of collective systems with consent for financing the handling of electrical waste are listed at mzp.cz.

2.3. Waste electrical appliances do not belong in municipal waste. Complete (undismantled) equipment must be returned to the take-back point.

2.4. Waste electrical appliances may contain a number of hazardous substances, but also valuable materials that can be reused.

Conclusion

1.1. In the event that a consumer dispute arises between the seller, or the platform operator, and the consumer from a purchase agreement that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of such a dispute to the entity for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 44, 110 00 Prague 1, Email: [email protected], Web: adr.coi.cz. The consumer may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.
1.2. These terms and conditions were drafted on March 9, 2022, and are effective from March 10, 2022.
1.3. The platform operator is authorized to unilaterally amend these terms and conditions. The new version of the terms and conditions does not have retroactive effect.
1.4. These terms and conditions shall remain in effect until they are canceled or until they are replaced by terms and conditions that will become effective.