This Vendor Agreement is an agreement between the Shoppy Shop Website, hereinafter referred to as the “Website” and the Vendor, hereinafter referred to as the “Vendor.” 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 Vendors to advertise and sell at the Website. Vendor is a seller of certain Goods, as discussed more fully below, and would like to advertise and sell on the Website.
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 Vendor do hereby agree as follows:
Article 1 – SCOPE
This Agreement sets forth the terms and conditions whereby Vendor will be permitted to sell certain goods at the Website, subject to the items listed herein. Website agrees to provide an online platform for advertising and selling goods for Vendor at the Website. Website agrees to provide Vendor with the possibility to advertise and sell the following number of product categories, number of products per category to be advertised and sold and number of auctions to be held on the Website for Vendor:
- 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
Vendor is engaged in the business of advertising and selling the goods presented in Personal Cabinet of the Vendor on the Website (the “Goods”):
Vendor hereby warrants that the Goods being advertised and sold are of the utmost quality and are safe and legal under all applicable laws of the European Union. Additionally, all items from the list “Goods prohibited to advertise and/or sale on the Website” in Appendix 1 to this Agreement are strictly forbidden to be advertised and sold as Goods on the Website.
Article 3 – PAYMENT
To be permitted to advertise and sell the Goods on the Website, Vendor shall pay Website one of the following fees for one of the prepaid periods:
- € 100 (one hundred Euros), as a fixed fee for vending on the Website during a period of 50 days counting from the date of payment
- € 10 (ten Euros), as a fixed fee for vending on the Website during a period of 30 days counting from the date of payment
- € 0 (zero Euros), as a fixed fee for vending on the Website during a period of 6 days
The Website will accept the following forms of payment:
Visa, MasterCard, PayPal
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 Vendor or Website shall be the sole and exclusive responsibility of each, respectively.
Article 4 – INSURANCE
Vendor is responsible for maintaining adequate 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.
Article 5 – 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 can be automatically renewed by Vendor through purchasing the new set of services listed in Article 4 PAYMENT and will be valid again through the period of 50, 30 or 6 days respectively.
Article 6 – 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 and federal 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: Vendor 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.