This User Agreement (hereinafter referred to as the "Agreement") regulates and defines the basic rules and terms of use of the Service "GGsel", the mutual rights and obligations of the Sellers and the Administration of the Service, the terms of liability and exemption from liability.
The Seller hereby guarantees that under the laws of the country of residence of the Seller has the necessary legal capacity (legal personality, tort capacity), sufficient to use the Service on the terms specified in this Agreement.
1. ACCEPTANCE OF AGREEMENT
1.1 The Seller accepts the Agreement by means of conclusive (de facto) actions, i.e. by completing the registration procedure on the Service. Completion of the registration procedure by the Vendor shall be deemed acceptance of this Agreement.
1.2 The acceptance of this Agreement shall also be deemed to be the actual use of the Service by the Vendor (visiting its individual sections), which demonstrates the intention, will, consent and desire of the Vendor to observe and fulfil the terms and conditions of the Agreement.
1.3 Acceptance of the Agreement means that the Seller has read and understood, jointly and severally, the terms and conditions of the Agreement and has given its full, unconditional and unconditional consent to the provisions set out in the Agreement
2. TERMS AND DEFINITIONS
2.1 For the purposes of this Agreement, the following terms shall have the following meaning:
2.1.1 Service "GGsel" or Service is a set of information and technical solutions located in the Internet at the following address: POETA RICARD SANMARTI, 12-28, 46020, Valencia, Valencia, Spain, which allows direct interaction between the Seller and the Buyer and mutual settlement between them.
2.1.2 Administration of the Service - "GGsel", represented by its authorised representative (moderator), who has the rights to use, manage and dispose of the Service.
2.1.3 Seller is a natural person (citizen), legal entity or individual entrepreneur, including its authorised representative, registered on the Service and selling (selling) the Goods.
2.1.4 Buyer - a natural person (citizen), individual entrepreneur or legal entity, including its authorised representative, who buys the Goods and/or intends to buy the Goods and/or has bought the Goods and/or is familiarising itself with information on the Goods.
2.1.5 Goods - any item, property, digital and virtual object, work or service offered by the Seller for sale (sale) to Buyers by posting them on the Service.
2.1.6 Electronic Mail (E-mail) is a special technology that enables electronic messages, letters, files, documents, etc. to be forwarded and received through the use of the information and telecommunication network of the Internet.
2.1.7 Personal office is a personal section of the Service provided to each Seller upon registration and used to use the Service in accordance with its purpose.
2.2 Terms not defined in clause 2.1. hereof may be used in the Agreement. In such cases, the terms shall be interpreted in accordance with the text and meaning of this Agreement. In the absence of an unambiguous interpretation of a term in the text of this Agreement, the interpretation of the terms shall be as follows: in the first instance, as defined on the Service; in the second instance, in accordance with the rules of the applicable law of the country of residence of the Service Administration.
3. SUBJECT MATTER
3.1 The main purpose and focus of the Service is to enable interaction between Sellers and Buyers for the purpose of selling (selling) the Goods, the information on which is available on the Service, and making settlements between them.
3.2 The administration of the Service is the organiser of the interaction between the Seller and the Buyer by making the Service available for their use.
3.3 The Administration of the Service does not participate in determining the conditions of sale of the Goods (price, quantity, etc.), is not the owner of these Goods, does not act as a Seller or Buyer on its own. At the same time, the Administration of the Service has the right to set restrictions on the prices of certain types of Goods.
3.4 The Service Administration is entitled to remuneration in the form of a commission for the provision of services for the use of the Service. The amount of the fee is indicated on the Service and may vary depending on the section of the Service in which information about the Seller’s Goods is published. The commission shall be charged in the event of completion of the sale of the Goods between the Seller and the Buyer.
3.5 There is no fee for registering with the Service.
4. RIGHTS AND OBLIGATIONS
4.1 Rights and obligations of the Seller:
4.1.1 The Seller undertakes to sell the Goods in accordance with the requirements of current legislation and not prohibited or restricted in circulation. The Seller confirms that it has the legal rights and possibilities to sell the Goods that it advertises on the Service.
4.1.2 The Seller undertakes to comply with the conditions of sale of the Goods as agreed with the Buyer.
4.1.3 The Seller undertakes to comply with the quality requirements of the Goods, their compliance with state standards, GOSTs, regulations and conditions.
4.1.4 The Seller undertakes to provide full and truthful information about itself and the Goods sold (to be sold), in particular for the purpose of publishing and making this information available to Buyers.
4.1.5 The Seller undertakes to familiarise itself with all the information posted on the Service and in the notifications sent to the Seller’s e-mail address or in the Seller’s myAlpari in a timely manner.
4.1.6 The Seller undertakes to post information about the Goods in the sections of the Service appropriate to the type of Goods and in compliance with the restrictions and additional requirements set by the Administration of the Service.
4.1.7 The seller has no right to inflate the sales rating.
4.1.8 The Seller undertakes to keep the login and password information for logging in to his Private Office out of the reach of third parties and not to make it available to third parties.
4.1.9 The Vendor hereby guarantees and warrants that all actions performed by using the myAlpari are deemed to have been performed directly by the Vendor.
4.1.10 The Seller is entitled to determine the conditions of sale of the Goods, in particular their price.
4.1.11 The Seller is entitled to post information about the Goods on the Service.
4.1.12 Other rights, facilities and obligations as determined by the Service Administration at its sole discretion.
4.2 Rights and obligations of the Service Administration:
4.2.1 The administration of the Service may modify this Agreement.
4.2.2 The administration of the Service shall be entitled to set, cancel or change the fees for the services it provides.
4.2.3 The administration of the Service has the right to remove any information from the Service that violates this Agreement, the law or the rights and interests of third parties.
4.2.4 The Service Administration has the right to refuse to provide services to the Seller in case of improper activity and in case the Seller’s rating becomes negative.
4.2.5 The Service Administration has the right to refund the Buyer for the Product, for which the Buyer has left a negative feedback, if within 3 calendar days the Seller has not left a counter comment on the negative feedback or has not contacted the Administration of the Service. The Buyer shall be refunded from the Seller’s personal account in full, except for the commissions involved in refunding the resources.
4.2.6 The Administration of the Service is entitled to request documents for the Goods sold by the Seller, in particular confirming their source of origin. At the same time, the term for withdrawal of funds by the Seller may be extended by the time such documents are provided.
4.2.7 The Administration of the Service is entitled to request additional documents and proof of identification of the Seller, in particular the provision of identification documents, video conferencing, etc.
4.2.8 The Service Administration has the right to reduce the Seller’s rating as a penalty for breach of agreements with the Buyer.
4.2.9 The Service Administration has the right to suspend the Seller’s activity on the Service in case of non-response from the Seller to the requests and messages of the Service Administration for more than 48 (forty-eight) hours.
4.3 The Seller hereby consents to the processing of his personal data in accordance with the provisions of applicable law, the reflection of his data in myAlpari and on the Service. The Administration of the Service is entitled to use the Seller’s personal data for the purposes of performing this Agreement in accordance with the provisions of applicable law.
5. RESPONSIBILITY
5.1 Vendors and the Service Administration shall be liable for any breach of the terms and conditions set out in this Agreement in accordance with applicable law.
5.2 Due to the nature of the functionality of the Service, the Service Administration cannot be held liable for the actions of Sellers and Buyers, including the failure of the Seller and the Buyer to fulfil their obligations to buy and sell the Goods.
5.3 The administration of the Service is entitled to participate in settling disputes and conflicts between the Seller and the Buyer by acting as an arbitrator.
5.4 In the event that the Service Administration is held liable for the actions of the Seller, the Service Administration shall be entitled to transfer the said liability to the Seller and recover the losses incurred by the Seller from the Seller.
5.5 The Administration of the Service has the right to unilaterally, without prior notice to the Seller or with prior notification to the Seller and without giving a reason, to take the following measures against the Seller for violating this Agreement, the rights and interests of third parties and the provisions of applicable law:
5.5.1 give the Seller a warning;
5.5.2 delete the Vendor’s myAlpari from the Service, thereby prohibiting the Vendor from using the Service;
5.5.3 block the Vendor’s myAlpari for a certain period of time at the discretion of the Service Administration;
5.5.4 set a ban on the use of certain sections of the Service by the Vendor for a fixed or indefinite period of time.
5.6 The Administration of the Service is not liable for non-performance and/or improper performance by the Buyer and the Seller of their mutual obligations, including, but not limited to, for violation of the conditions of quality, quantity, completeness, appearance and form of the Goods, for violation of the conditions of delivery of the Goods, etc.
5.7 The Administration of the Service is not liable for improper performance of obligations by third parties, in particular, payment systems, credit institutions (banks), hosters and providers, mobile network operators, etc.
5.8 The administration of the Service is not liable in any form for any inconsistency between the contents, functionality and purpose of the Service and the expectations of the Seller. The Service is provided for use by Sellers on an "as is" basis.
6. OPERATION OF THE AGREEMENT
6.1 This Agreement shall enter into force at the time of its posting on the Internet at the Service referred to in point 2.1.1. of this Agreement.
6.2 This Agreement shall be valid for an indefinite period of time and shall lapse upon cancellation by the Service Administration.
6.3 In case the Agreement is amended, such amendments will come into force at the moment the new version of the Agreement is published on the Service, unless a different date for the amendments to come into force is additionally specified when publishing it. The Service Administration has the right to unilaterally amend the text of the Agreement.
6.4 The Seller undertakes to independently monitor changes in the provisions of this Agreement and shall be liable for any negative consequences arising from failure to comply with this obligation.
6.5 If the Seller does not agree with the relevant changes, the Seller is obliged to stop using the Service and refuse the services provided by the Administration of the Service. Otherwise, the Seller’s continued use of the Service means that the Seller agrees to the terms of the amended Agreement.
