This IntermediaryAgreement is an agreement between the Shoppy Shop Website, hereinafter referred to as the “Website” and the Intermediary, hereinafter referred to as the “Intermediary.” Website and Vendor may be referred to individually as “Party” and collectively as the “Parties.”
Website will be maintaining online advertising, sales and auctions of Goods. Website is permitting certain Intermediaryto introduce and represent certain Vendor(s) on the Website. Intermediaryis a representative of certain Vendor(s), as discussed more fully below, and would like to advertise and sell on behalf of the Vendor(s) on the Website. Vendors introduced to the Website by the Intermediary are represented by one and the same Intermediary during the entire period of cooperation outlined by the validity of this Agreement.
Neither Party is by virtue of this Agreement authorized as an agent, employee, or legal representative of the other. Neither Party shall have the power to control the activities and operations of the other. The Parties’ status at all times will continue to be that of an independent contractor relationship.
Therefore, in consideration of the promises and covenants contained herein the Website and the Intermediarydo hereby agree as follows:
Article 1 – SCOPE
This Agreement sets forth the terms and conditions whereby Intermediarywill be permitted to advertise and sell certain Goods at the Website on behalf of the Vendor(s) represented by the Intermediary. Website agrees to provide for the Intermediary the possibility to advertise and sell the following number of product categories and number of products per category to be advertised and sold and number of auctions to be held on the Website as prepaid by the Vendor represented by the Intermediary. The prepaid sets of services available are as follows:
- Unlimited number of categories with unlimited number of products per category and unlimited number of auctions for €100 (one hundred Euros) valid during a period of 50 days
- 10 categories of products with the maximum amount of 25 products per category and 5 auctions for € 10 (ten Euros) valid during a period of 30 days
- 5 categories of products with the maximum of 10 products per category, for € 0 (zero Euros) valid during a period of 6 days
Article 2 – GOODS
Intermediary is engaged in the business of advertising and selling the goods on behalf of the Vendor represented by the Intermediary as they are presented in the Personal Cabinet of the Vendor on the Website (the “Goods”).
Intermediary hereby warrants that the Goods being advertised and sold by the Vendor represented are of the utmost quality and are safe and legal under all applicable laws of the European Union and exclude all items from the list “Goods prohibited to advertise and/or sale on the Website” in Appendix 1 to this Agreement.
Article 3 – PAYMENT & REWARD
To be permitted to advertise and sell the Goods on the Website on behalf of the Vendor, the Intermediary must register on the Website. The registration of the Intermediary on the Website is free of any charges. The Intermediary will receive 50% out of each prepaid set of services on the Website purchased by the Vendor represented by the Intermediary.
Tax Statement: any and all charges payable under this Agreement are exclusive of taxes, surcharges, or other amounts assessed by European Union. Taxes imposed upon or required to be paid by the Intermediary or Website shall be the sole and exclusive responsibility of each, respectively.
Article 5 – INSURANCE
Intermediary is not responsible for maintaining any insurance as appropriate to Vendor’s Goods and sales. Website will not provide additional insurance coverage and will not be responsible for any damage, loss or refund. The maintenance of the insurance adequate to the Vendor’s Goods and sales is the sole responsibility of the Vendor.
Article 6 – TERMINATION & RENEWAL OF AGREEMENT
This Agreement shall terminate automatically at the end of the prepaid period of services provided by the Website (see Article 4 PAYMENT)
This Agreement will be automatically renewed by the Intermediary through introducing new Vendor(s) on the Website or in case the Vendor(s) represented by the Intermediary purchase new set of services listed in Article 4 PAYMENT and will be valid through the period of 50, 30 or 6 days respectively.
Article 7 – GENERAL PROVISIONS
a) GOVERNING LAW: This Agreement shall be governed in all respects by the laws of European Union. Both Parties consent to jurisdiction under the state courts within the European Union. The Parties agree that this choice of law and jurisdiction provision is not permissive, but rather mandatory in nature.
b) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
c) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party.
d) AMENDMENTS: This Agreement may only be amended in writing signed by both Parties.
e) NO WAIVER: None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.
f) SEVERABILITY: If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.
g) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
h) HEADINGS: Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.
i) COUNTERPARTS: This Agreement may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.
j) FORCE MAJEURE: Intermediary is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances, such as supplier strikes or labor disputes.
Appendix 1 Goods prohibited to advertise and/or sale on the Website
- Goods (e.g. antiquities) wanted.
- Special equipment of active defence (electric shock, handcuffs, rubber batons and other special equipment).
- Firearms and cold steel, ammunition.
- Explosives and pyrotechnic materials (fireworks).
- Special technical means of secretly receiving confidential information, as well as tools and devices for secret penetration into the premises, vehicles, other objects and their inspection.
- Restricted and forbidden tools for obtaining objects of the animal world and catching aquatic biological resources (traps, electric fishing rods, screens, vents, grids, screens, spikes, crossings, etc.).
- Fake national currency in the form of banknotes or metal coins, counterfeit foreign currency, fake government securities or state lottery tickets.
- Jewellery and other products with fake test hallmarks.
- Existing or valid state identity cards, signs, permits, permissions and licenses.
- Narcotic drugs and psychotropic substances.
- Medical drugs, biologically active additives (BAA).
- Goods containing an explicit pornographic content.
- Human organs and bones.
- Second-hand underwear.
- Goods that violates copyrights / intellectual property of third parties.
- Software without license.
- Messenger accounts (ICQ, Skype and others), email addresses, social networking accounts, games and more.
- Items that promote the ideology of racism, incite national and religious hostility.
- Other goods and/or services the sale of which is expressly banned or restricted (for the sale of which the Vendor must have a special legal capacity) by the law of the State of the location of the goods and/or services.