GENERAL TERMS & CONDITIONS OF USE FOR THE VIVELOTS WEBSITE

This website is owned and operated by ASP Digital Platforms Ltd trading as VIVELOTS. The Company details are included in this document.

General Definitions

Agreement/Terms: Refers to the General Terms & Conditions of Use which includes the General Terms & Conditions, the Buyer Policy and the Seller Policy for the VIVELOTS Website which regulate the relationship between VIVELOTS and the Users.

Buyer Policy: Is the policy on which a User may make use of the VIVELOTS Website and / or buy any of the products listed on the Website.

Buyer: A Buyer is a private or professional Buyer (consumer or entrepreneur), who complete a purchase of a product offered through the VIVELOTS marketplace or agrees to purchase such a product.

Company: ASP DIGITAL PLATFORMS LTD is a private limited company trading as VIVELOTS. The Company details are included in this document.

Contract: Once a Buyer proceeds to purchase a product through the Website the Contract is formed solely between Seller and Buyer.

Due Diligence: Is the investigation or exercise of care that a reasonable business is expected to take before entering into an agreement or contract with another party.

Event Outside Our Control: Means any act or event beyond our reasonable control, including without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of, shipping, aircraft, motor transport or other means of public or private transport.

Restricted Access: Means should VIVELOTS choose to restrict the Seller's access to the SAP for reasons set out in the Terms, the Seller will only have access that enables them to view and manage current orders, view invoices between the Seller and VIVELOTS and mark orders as dispatched. Whilst a Seller has Restricted Access, its products will not be visible to Buyer and Buyers will not be able to place orders with the Seller.

Seller Account Panel (SAP): Means the dedicated area in VIVELOTS Website in which a Seller can upload, update and review detailed information for its products (photos, text, etc) after he/she successfully completed the application process and paid registration fee in order to register as a Seller in VIVELOTS.

Seller Policy: Is the policy on which someone can register as a Seller with VIVELOTS and his/her relationship with VIVELOTS.

Seller: Is a private or professional Seller (consumer or entrepreneur) who sells items via the VIVELOTS marketplace. VIVELOTS also sometime may acts as a Seller by selling its own products or may act as an agent for private Sellers.

User: Refers to any person who accesses VIVELOTS via the internet who can either be a guest who only visits Website or a registered member who can either be Buyer or Seller.

VIVELOTS: Refers to the trading name of the Company, the Company’s owners, the management and the personnel of the Company. Also called ‘we’ or ‘us’ or ‘our’.

Website: Is the marketplace with domain name www.vivelots.com via which a User can access and use VIVELOTS.

GENERAL TERMS & CONDITIONS

1. INTRODUCTION

The General Terms & Conditions for the VIVELOTS Website apply to the use of Website (www.vivelots.com) thus they bind any User of the Website. These provisions are intended to make the VIVELOTS Website safe for all Users.

Please read these provisions carefully. This version cancels and replaces any previous versions. As we cannot guarantee that they will remain accessible on our Website in future we suggest to print or save the Terms for future use. The Terms are available in the English language only.

2. CONTENT

We cannot guarantee that any general information that is available on our Website is accurate or up to date. User relies on it at his/her own risk.

User acknowledges that any information published or sent on or via the Website by other Users is the sole responsibility of the person from whom such content originated and we are not responsible for it.

We reserve the right at our discretion without notice or refund to suspend, alter, remove, refuse or delete content that we believe is inappropriate or breaching the present Terms. We also reserve the right at our discretion to restrict a User's usage of VIVELOTS either temporarily or permanently or refuse a User's registration. We also reserve the right to disclose to the relevant authorities any content where we reasonably believe that it breaches our Terms, or that such steps should be made to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority.

3. LINKS

Occasionally, we may provide links to other websites or resources for Users’ convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which User may suffer by using those websites. If User decides to access linked third-party websites, he/she do so at his/her own risk.

4. PROHIBITED CONDUCT

As a condition of use of VIVELOTS User agree that his/her use of the Website must be in compliance with the legal and regulatory framework of the Republic of Cyprus.The following is a non-exclusive example of behavior prohibited by using the Website.

Violate any applicable law or regulation or code of conduct or infringe any intellectual property or other rights of others.

Publish or send any information (including links or references to other content) or otherwise behave in a manner which:

  1. Is illegal, slanderous, harassing, invasive of privacy, offensive, obscene, hateful, discriminatory, obscene, pornographic, sexually suggestive, threatening, promoting of self-harm, misleading, racist, abusive or fraudulent;
  2. Infringes or violates any copyright, patent, trademark or other intellectual property right of any third party or violates any other rights of others;
  3. Involves phishing or scamming or similar; or
  4. We otherwise reasonably consider being inappropriate.

Posts or discloses any personally identifying information or private information about any third parties without their express consent unless that person is 18 years of age or over and you have obtained that person's explicit written consent or you are the parent/guardian of such person.

Impersonate any person or entity for the purpose of misleading others.

Use our Website for junk mail, spam, pyramid or similar fraudulent schemes.Use our Website to provide a similar service to third parties or otherwise with a view to competing with us.

Sell access to our Website and use our Website to provide a similar service to third parties or otherwise with a view to competing with us.Use our Website in any way that may negatively affect other Users’ enjoyment of our Website.

Do anything which may cause disruption to our Website including worms, viruses, software bombs or mass mailings.

Gain unauthorized access to any part of our Website or equipment used to provide our Website.

Attempt, encourage or assist any of the above.

5. PRIVACY

User accepts that we may process their personal data based in the terms of our Privacy & Cookies Policy which may alter at any time.

6. AMENDMENT OF THE TERMS

We reserve the right to change the Terms from time to time, and post the new version on the VIVELOTS website. We reserve the right to amend without stating reasons non-essential provisions which are not reasonable capable of adversely affecting you - examples of which would include, without limitation, (a) changing the name of, and/or the web-address that you use to access VIVELOTS, and (b) the refinement of provisions that are already included or referred to in the Terms. The new version of the Terms will take effect immediately upon the date of posting or such later date as we indicate in the relevant posting. You will be bound by the revised Terms if you continue to use our Website following the effective date shown.

7. APPLICABLE LAW AND RESOLUTION OF DISPUTES

If a dispute arises between User and VIVELOTS we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

The Terms shall be governed and construed in all respects by the laws of the Republic of Cyprus. You also agree that any claim or dispute you may have against VIVELOTS, the Company, the Company’s owners, the management and the personnel of the Company must be resolved by the courts of the Republic of Cyprus.

8. INTELLECTUAL PROPERTY RIGHTS

All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that appears on the Website is protected by VIVELOTS’s or third-party copyrights, trademarks, service marks, patents or other proprietary rights and laws. "VIVELOTS" is our registered trademark, and User agrees not to display or use it in any manner without our prior written consent.

User may use and access VIVELOTS to the extent required for the use of the Website in accordance with the Terms, and for the purpose that we make them available. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from VIVELOTS.

No-one may copy, distribute, show in public or create any derivative work from VIVELOTS, or any of the material which is found on VIVELOTS unless properly licensed in writing by us to do so. Users are not allowed to use VIVELOTS (or to copy or use any material found on VIVELOTS) for any commercial purpose other than to conduct the purchase of a product from VIVELOTS.

No-one may use any robot, spider, scraper or other automated means to access VIVELOTS for any purpose without our prior express written permission. User licenses (i.e. permit) us to use his/her content both on our own Website and also, for marketing purposes.

9. ACCOUNT

User account on the Website is non-transferable but is exclusively for User’s personal use. User must not authorise or permit any other person to use his/her account. User must take reasonable care to protect and keep confidential his/her password and other account or identity information. User must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. Users are responsible for third parties who use theirs accounts or identities (unless and to the extent that we are at fault).

A person who is not a party to this Agreement shall have no rights to enforce this Agreement except insofar as expressly stated otherwise.

10. SUSPENSION

We reserve the right at any time and without notice (a) to suspend or terminate User’s ability to access VIVELOTS, (b) to suspend or terminate his/her use of all or part of the Website and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop User from using VIVELOTS if User appear to us to be in breach of any provision of the Terms. Should we do so, User acknowledges that we shall not incur any liability to him/her or to any other person.

In addition, we are entitled to suspend provision of all or part of the Website at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.

11. LIABILITY

We use reasonable care and skills to provide VIVELOTS in accordance with our specifications for VIVELOTS but we cannot and do not guarantee that VIVELOTS will meet your requirements.

We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in the Terms.

Nothing in this Agreement in any way limits or excludes VIVELOTS liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

User must give us a reasonable opportunity to remedy any matter for which we are potentially liable before incurring any costs remedying the matter himself / herself.

User acknowledges that we shall not be liable for any loss or damage caused by VIVELOTS where:

  1. There is no breach of a legal duty of care owed to User by us;
  2. Such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by User and us at the time we entered into this agreement);
  3. Such loss or damage is caused by User, for example by not complying with this Agreement.

User agrees to indemnify us fully, defend and hold us harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by User, or his/her use of the Website.

Except as expressly stated elsewhere in the Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to Users from this kind of jurisdiction. If we fail to insist that User must perform any of his/her obligations under the Terms, or if we do not enforce our rights against, he/she, or if we delay in doing so, that will not mean that we have waived our rights against User and will not mean that User do not have to comply with those obligations. The provisions of this section shall survive the termination or expiry of the Terms.

12. SERVICE ACCESS

We will always try to ensure that VIVELOTS is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period. In addition, we are entitled, without notice and without liability, to suspend the Website for repair, maintenance, improvement or other technical reason and to make changes to our Website.

13. USE OF THIRD-PARTY SERVICES

When User accesses VIVELOTS, may also be using the services of third parties for the fulfillment of the process of purchase, such as DHL, ACS and Post Office for shipping purposes and PayPal for secure payments. Use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties thus it is suggested to Users to read these terms also.

14. GENERAL

If any provision of the Terms is held to be invalid, void or for any other reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

If any part of this Agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the Agreement shall continue to apply.

We may send all notices under this Agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this Agreement).

Headings used in this Agreement are for information and not binding.

Any failure by either party to exercise or enforce any right or provision of this Agreement does not mean this is a "waiver" (i.e. that it cannot be enforced later).

We may transfer this Agreement to a third party but this will not affect your rights or obligations.

We don't separately file the Terms entered into by Users when they register for VIVELOTS. Use should make a durable copy of the Terms by printing and/or saving a downloaded copy on his/her own computer.

The Terms are offered in English language only.

15. COMPLAINTS

If User has any complaints, he/she should contact us via the following address: info@vivelots.com or by post to the address shown below.

16. COMPANY INFORMATION

Company Name: ASP DIGITAL PLATFORMS LTD
Registered Office: 43 Nicou Demetriou, Shop 9, 6031, Larnaca, Cyprus
Country of Incorporation: Republic of Cyprus
Registered Number: HE 386212
Registered VAT Number: 10386212I
Alcohol Trading License No.: 57/2019

BUYER POLICY

17. TERMS OF CONTRACT WITH SELLER

Please take into account that although VIVELOTS provides the marketplace to help facilitate transactions, which are carried out through the Website, VIVELOTS is neither a Buyer nor a Seller of the products except of the cases that VIVELOTS acts as a Seller once it sells its own products or acts as an agent for private Sellers. Therefore, we suggest to Buyers before placing an order to be sure that are happy with the Buyer Policy and the Seller they are dealing with as we cannot give any guarantee or warranty as to the products supplied by third-party Sellers.

If Buyer decides to proceed with purchasing a product through the Website the Contract is formed exclusively between Buyer and Seller. VIVELOTS is not a party to that Contract thus is not liable for the Contract or any claim or dispute arising out of or in connection with it. However, VIVELOTS could be liable for the Contract or any claim or dispute arising out of or in connection with it in case that acts as a Seller.

The Buyer Policy (and the documents referred to in them) may be updated from time to time. Thus, we recommend that every time a Buyer wishes to order products, should check the Buyer Policy to ensure that he/she understands the Buyer Policy which will apply at that time of his/her order.

The Buyer Policy will apply to any Contract between Buyer and Seller for the sale of products to Buyer. Whenever we revise the Buyer Policy in accordance with this clause, we will keep Buyer informed and give him/her notice of this by stating on the Website that the Buyer Policy has been amended. Every time Buyer orders products, the Buyer Policy in force at that time will apply to the Contract between Buyer and Seller. Thus, the Buyer should read the Buyer Policy carefully and make sure that he/she understands it before ordering any products from the Website.

Buyer should print a copy of the Buyer Policy or save to his/her computer for future reference.

Our order process allows Buyer to check and amend any errors before submitting his/her order. The Buyer should take the time to read and check his/her order at each step of the checkout order process.

After the Buyer places an order, he/she will receive an order confirmation via email acknowledging that we have received his/her order. However, please note that this does not mean that his/her order has been accepted. The Contract between Buyer and Seller will only be formed when Buyer proceeds to checkout and VIVELOTS sends him/her a payment confirmation.

If Seller is unable to supply Buyer with a product, for example because that product is not in stock, no longer available or because of an error in the price on the Website, we will inform him/her of this by e-mail and we will process a refund of the full amount to his/her payment card as soon as practicably possible.

18. OUR LIABILITY

Nothing in the Buyer Policy limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

If we fail to comply with the Buyer Policy, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Buyer Policy or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

Except as expressly stated in the Buyer Policy, we do not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into the Buyer Policy by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.

19. USE OF THE WEBSITE

Buyers agree:

  1. To assume full responsibility for the legality of any items purchased;
  2. Not to encourage sales which bypass the VIVELOTS Website;
  3. To post or publish feedback on Sellers or products which is honest, fair and factual;
  4. To refrain from posting or publishing any content or materials which are libelous, slanderous, offensive, incorrect, misleading or inaccurate.

Certain products on the Website can only be purchased if Buyer satisfies the legal age requirement for that product. Sellers are not allowed by law to supply these products to Buyer if he/she does not satisfy these age requirements. If Buyer is underage, please do not attempt to order these Products through the Website.

These products are:

  1. Tobacco products and any substitute for tobacco - minimum age: 18;
  2. Spirits and other alcohol - minimum age: 17;
  3. Knives - minimum age: 18;
  4. DVD and computer games - minimum age as detailed on the packaging.

Buyer acknowledges and accepts that we have the right to perform proof of age checks when he/she makes an order for a product. Buyer should note that in proceeding to order a product through the Website, he/she consents to these checks being carried out. If he/she does not consent to these checks being carried out, he/she should not order products through the Website. In addition, we declare that we are not liable for any fake information provided by the Buyer to us.

As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Consumer Protection Service. Nothing in the Buyer Policy will affect these legal rights.

Buyer is informed and accepts that his/her failure to use the Website in accordance with the Buyer Policy and any document referred to in the Buyer Policy may result in his/her access to the Website being blocked.

20. DATA PRIVACY

We comply with the legal requirements when collecting, storing and processing the Buyers’ personal data. Details can be found in our Privacy &Cookies Policy.

21. PRODUCTS

All measurements indicated on the Website might have disparity.

The images of the products on the Website are for descriptive purposes only. Although Sellers have made every effort to display the colors accurately, Sellers cannot guarantee that Buyer’s computer's display of the colors accurately reflects the color of the products. Seller’s products may vary slightly from those images.

22. RETURNS AND REFUNDS

As a Buyer you have a legal right to cancel a Contract under The Consumer Rights Law of 2013 (133 (I) / 2013). This means that during the relevant period as determined below if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the contract under these regulations is available from your local Consumer Protection Service.

Buyer should send an email to info@vivelots.com within 14 days after he/she takes possession of the products in order to inform VIVELOTS about the reason of return with detailed information and images if it is requested by VIVELOTS.

Then the following two scenarios are applied where:

Scenario 1: If the reason of returning is caused by the Seller (for example the Seller delivers wrong product to the Buyer), then the Buyer will receive refund for a) full sale price of the product, b) full shipping charges paid, and c) full insurance paid. Under this scenario, Seller will also pay the cost of returning the products.

Scenario 2: If the reason of returning a product is NOT caused by the Seller (for example the Buyer changed his/her mind) and the product qualifies for return and refund (see exceptions below), then the Buyer will receive refund for a) full sale price of the product, b) full shipping charges paid, and c) full Insurance paid. In this scenario, Buyer is responsible to pay the cost of returning the products.

Either of the above mentioned scenario is applied the Seller is bound to refund the Buyer within fourteen days from the day on which we receive the notification of cancellation of this contract. The refund will be processed using the same payment method used in the original transaction.

However Buyer should note that must return or hand over the goods promptly and in any case no later than fourteen days from the date on which he/she has informed us about the cancellation of this contract. In addition Buyer must send the product back to VIVELOTS via insured shipping and should include tracking number otherwise it will not be accepted.

Buyer will be liable for any possible loss in value of the goods, if this loss in value is attributable to any handling that is not necessary for the testing of the quality, properties and function of the goods.

Buyer acknowledges that this return and refund right does not apply in the case of:

  1. Goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period e.g. rare collectibles items such as old highly valued pieces, vintage coins, etc.;
  2. Any products made to your specification, clearly personalized, custom-made or commissioned in any way;
  3. Newspapers, periodicals, magazines or comics;
  4. Sealed audio or sealed video recordings or sealed computer software or sealed vinyl disks which were unsealed after delivery;
  5. The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery e.g. collectible whisky;
  6. Goods which are liable to deteriorate or expire rapidly;
  7. Goods which are, after delivery, according to their nature, inseparably mixed with other items.

23. DELIVERY

Buyers’ orders will be delivered to them by our accredited professional Sellers. In most cases that a Buyer will purchase a product from a private Seller, his/her order will go through VIVELOTS, by that we mean that VIVELOTS will undertake the packaging and delivering of the order on behalf of the private Seller.

The delivery options and charges will be available and calculated at checkout. Our delivering partners are DHL, Cyprus Post Office and ACS.

Buyers’ orders will be shipped according to the delivery method selected on checkout, and once dispatched the Buyer will receive a tracking number from his/her relevant courier in order to monitor the shipment’s progress.

Delivery will be fulfilled when the Seller delivers the products to the address you gave at checkout.

If Buyer orders products for delivery to a delivery destination which is international, his / her order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot calculate their amount. Buyer will be responsible for payment of any such import duties and taxes. Buyer should contact his/her local customs office for further information before placing his/her order. Buyer must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.

24. EVENTS OUTSIDE OF OUR CONTROL

Sellers will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations under a Contract that is caused by an Event Outside Our Control.

If an Event Outside Our Control takes place that affects the performance of Seller’s obligations under a Contract:

  1. Seller/we will contact Buyer as soon as reasonably possible to notify you; and
  2. Seller’s obligations under a Contract will be suspended and the time for performance of the Seller’s obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects delivery of products to Buyer, Seller will arrange a new delivery date with Buyer after the Event Outside Our Control is over.

25. PRICES AND PAYMENT TERMS

The prices of the products will be as showed on the Website from time to time. Although Sellers take all reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered into the system sometimes errors are possible incurred. In this case the below process is followed:

  1. Where the Product's correct price is less than the price stated on the Website, Seller will issue Buyer with a refund for the difference between the price he/she paid and the actual price of the product. However, if the pricing error is obvious and unmistakable and could have reasonably been recognized by Buyer as a mispricing, Seller does not have to provide the products to him/her at the incorrect (lower) price; and
  2. If the product's correct price is higher than the price stated on the Website, VIVELOTS will contact the Buyer by email as soon as possible to inform him/her of this error. We will then give him/her the option of cancelling his/her order or cancelling his/her order and continuing to purchase the product at the correct price. Seller will not process Buyer’s order until we have the Buyers’ instructions. If we are unable to contact the Buyer using the contact details he/she provided during checkout within 7 days, we will treat the order as cancelled and notify the Buyer in writing.

All prices shown on the VIVELOTS Website for an item are final prices in Euro including the respectively valid and applicable value added tax of the Republic of Cyprus and excluding corresponding delivering costs.

Buyer can only pay for products securely via PayPal using his/her PayPal balance or any major debit or credit card. We accept the following cards: Visa/Visa Debit/Visa Electron, Mastercard, and American Express (AMEX). The currency displayed will always show in Euro (€).

Payment for the products and all applicable delivery charges is in advance.

All payment made through the Website will be received by us. These arrangements shall not affect any rights that Buyer may have against Seller.

26. PAYPAL BUYER PROTECTION - SHOP WITH CONFIDENCE

At VIVELOTS, we work hard to bring Buyer the best possible shopping experience - as part of our ongoing efforts, we partner with PayPal. Choosing PayPal as our payment gateway doesn't just provide Buyer with a convenient; fuss-free way for him/her to pay for his/her shopping on VIVELOTS, but it offers Buyer increased protection too.

To give Buyer peace of mind that his/her money and personal details are kept safe, every transaction he/she makes on VIVELOTS will be protected with PayPal's advanced data encryption and subject to their thorough security checks to prevent fraud, email phishing and identity theft. Full PayPal Buyer Protection terms can be viewed here.

27. OTHER IMPORTANT TERMS

Buyer may only transfer his/her rights or his/her obligations to another person if we agree in writing.

The Contract is between Seller and Buyer and thus no other person shall have any rights to enforce any of its Buyer Policy.

In the event that a provision or parts of a provision of the Buyer Policy is/are unlawful or unenforceable all other provisions or parts of the provision remain unaffected therefrom.

If we fail to insist that Buyer perform any of his/her obligations under the Buyer Policy, or if we do not enforce our rights against Buyer, or if we delay in doing so, that will not mean that we have waived our rights against Buyer and will not mean that Buyer do not have to comply with those obligations. If we do waive a default by Buyer, we will only do so in writing, and that will not mean that we will automatically waive any later default by him/her.

Please note that the Buyer Policy is governed by laws of the Republic of Cyprus. This means a Contract for the purchase of products through the Website and any dispute or claim arising out of or in connection with it will be governed by the law of the Republic of Cyprus. In addition, Buyer and Seller both agree that the courts of the Republic of Cyprus will have exclusive jurisdiction.

SELLER POLICY

28. ACCEPTANCE OF SELLER POLICY

The Seller Policy is part of the General Terms & Conditions of Use for VIVELOTS and applies to Users participating as Sellers on our Website.

The Seller Policy defines the procedure on which any User may become a Seller of the VIVELOTS Website to sell products to Buyers.

If you want to register as a Seller in VIVELOTS please take the time to read the Seller Policy, as it includes important terms which bind you.

Seller should print a copy of the Seller Policy or save to his/her computer for future reference.

29. OUTLINE OF ROLES

VIVELOTS allow Sellers to list and sell their products at a fixed price on the Website. Although VIVELOTS provides the marketplace to help facilitate transactions, which are carried out through the Website, VIVELOTS is neither a Buyer nor a Seller of the products. However sometimes, VIVELOTS may also present itself directly and independently as a Seller of its own items or may act as an agent for private Sellers. In this case, the Contract is concluded between VIVELOTS and the Buyer, and VIVELOTS is bound by the relevant Seller Policy also.

Where a Buyer orders a product through the Website, the Contract is formed solely between the Seller and the Buyer at the completion of the sale. VIVELOTS is not a party to that Contract, is not liable for the Contract or any claim or dispute arising out of or in connection with it. VIVELOTS is a party to that Contract only in cases where it acts as a Seller. In this case, VIVELOTS is also liable for the Contract or any claim/dispute arising out of or in connection with it.

30. HOW TO REGISTER AS SELLER TO VIVELOTS

Seller is distinguished in professional and private Seller. This clarification is important when a User requests to register as a Private Seller or as a Professional Seller as different information should be provided for the Private Seller compared to Professional Seller. Private Seller must complete an online form for Due Diligence purposes where he/she must complete his/her personal details and the products that he/she will sell through our Website. In contrast, the professional Seller when creating his/her account must provide VIVELOTS with several documents such as the certificate of incorporation of his/her company, VAT certificate and a certificate of his/her license for Sale of Intoxicating Liquors in Cyprus according to the Sale of Intoxicating Liquors (Spirits) Law (Cap. 144).

In this stage VIVELOTS has the right to carry out verification checks in order to ensure that the above mentioned details are accurate. Seller consents to these checks being carried out. If Seller does not consent to these checks should not register as a Seller though our Website.

For the time being we accept only Sellers (either professional or private) located in Cyprus. In the future this could be updated to accept Sellers form abroad and Users will be informed by the Website for this. In addition a Seller must be over 18-years old to be eligible to sell on VIVELOTS.

Once we are confident that VIVELOTS can be your online partner, Seller will be invited to complete the payment for his/her registration. Every Seller, either professional or private, is required to pay one-off a registration fee in order to be able to sell through the VIVELOTS. The subscription fee is non-refundable. The subscription fee is 5 Euro (including VAT). This is a very quick one-time process and once completed it will activate your Seller account.

During the registration process the Seller will be asked to specify the payment method of his/her preference. He/she can either provide his/her PayPal account detail or alternatively his/her bank account details from a commercial bank which operates in Cyprus. In this way we automatically transfer his/her sales proceeds excluding the selling fee.

Once the Seller has successfully completed the application process, and paid registration fee as defined above, the Seller will be given their own dedicated area of access called the Seller Account Panel ("SAP"). There the Seller can upload, update and review detailed information for its products (photos, text, etc). Orders will be logged into the SAP. From here, the Seller will be able to view placed orders for their shop, view and print sales history, update and manage stock levels and view performance reports. In addition, all financials will be stored in the SAP including transaction history and issued invoices.

The Seller will start to be a member of the VIVELOTS once he confirms the acceptance of the Terms and VIVELOTS approves the Seller’s application, receives the registration fee and grants the Seller access to the SAP.

31. SELLING FEE

The selling fee is payable by the Seller and is calculated as a percentage of the product sales price. VIVELOTS charges a different selling fee depending upon the category of product is placed on VIVELOTS and upon the type of the Seller and can be found in the selling fees section of our Website. VIVELOTS has the right to apply different selling fee percentages, other than the ones stated in the selling fees section of our Website, for which the Seller will be notified.

Without limiting any of our other rights, if the Seller fails to pay to us any amounts owed to us, at our option we shall have the right to:

  1. Deduct the outstanding amounts from any funds received from Buyers in payment for the Seller's products ordered through the Website; and/or
  2. Invoice Seller for those amounts due to us and Seller agree to pay those amounts upon receipt of an invoice; and/or
  3. Seek such payment or reimbursement from Seller by any other lawful means; and/or
  4. Grant the Seller only Restricted Access; and/or
  5. Cancel the Seller's membership.

32. SECURITY

The Seller has to maintain computer and internet connection at its own cost and ensure that the internet connection has not any viruses.

The Seller must ensure that his username and password are kept safe and not accessed by any other party. If these details are lost, they must contact VIVELOTS promptly via the Website for new passwords.

33. SELLER ETHICS

By accepting the Seller Policy, Seller is bound to:

  1. Be exclusively responsible and bear all risk and liability for, supplying, storing, selling and delivering the products to the Buyer by using reasonable skill and care;
  2. Ensure that the Seller's company name, company number and VAT details are clearly and correctly stated on the online due diligence form and that he/she provide to VIVELOTS any updates, as necessary and as soon as possible. In addition, the Seller acknowledges that VIVELOTS has no responsibility with regard to the Seller's information that is required to be displayed and updated;
  3. Be responsible for the accuracy of all product information (including product descriptions, images, measurements, condition, postage expenses, shipping costs and any other supplementary information about the products) as well as the price which the products are sold along with stock value (the total amount of stock that Seller has available for VIVELOTS Buyers to purchase);
  4. Inaccurate, incorrect or otherwise misleading descriptions of the products sold on the Website;
  5. Ensure that describes properly the product and upload good quality pictures where any defect of product will be visible;
  6. Ensure they are informed daily with the SAP, track orders, update shipments and orders;
  7. Refrain from uploading and/or selling any of the following prohibited products:
    i. Illegal in any way or contravenes local rules or legislation;
    ii. Counterfeit, unauthorised or unlicensed merchandise;
    iii. A product which infringes the Intellectual Property Rights ("IPR") of a third party.
  8. Refrain from uploading offensive or naked images or material or otherwise violate the Terms of the Website.
  9. Avoid using the Website as an advertising portal, other than posting the products which they are selling and permitted to sell under these Terms;
  10. Ensure all issues with regards to the Website are communicated to VIVELOTS via the email address: administrator@vivelots.com;
  11. Ensure not to communicate with Buyer directly through his/her own email;
  12. Not bypass VIVELOTS and sell privately his/her products;
  13. Post each item in the most appropriate category and no other categories;
  14. Pay all taxes due and comply with the tax provisions in force.

34. INTELLECTUAL PROPERTY RIGHTS ("IPR")

"IPR" shall mean copyright and related rights, trademarks, and service marks, business names and domain names, rights in set-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights in computer software, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

The Seller acknowledges that the copyright, design rights and all other intellectual property rights in the Website (including those in any materials and other documents or items that we prepare or produce in connection with the Website) will belong to us absolutely and thus he/she may not use the materials, documents or other items detailed above without VIVELOTS prior written consent.

The Seller warrants to VIVELOTS that is the legal beneficial owner of all the IPR and/or possesses a valid license to use the IPR in the materials which include the data, information (including Seller Information), photographs, logos and images which he/she provides or uploads to VIVELOTS and the use of his/her IPR by VIVELOTS will not infringe IPR owned by any third party and that no claim against VIVELOTS will be by any third party arising in relation to his/her IPR.

35. PROMOTION OF THE SELLER'S OWN WEBSITE

It is prohibited for a Seller to post a link, or otherwise provide the address or his/her own (or any third party’s) website on the SAP or in any other mean of communication with the Buyer.

The Seller acknowledges that must not include his/her email address anywhere on VIVELOTS or in any other means of communication with the Buyer.

In general, the Seller agrees that he/she must not include any other materials (other than packaging) with the package or order delivered to the Buyer which are likely to have a commercially detrimental effect on VIVELOTS trade mark and the Company.

36. SELLING ALCOHOL

The individual Seller may sell alcoholic drinks provided that he/she acts this right one-off. In contrast, professional Seller may choose to sell such drinks as many times as he/she desires. However, every Seller must comply with the relevant below legislation of the Republic of Cyprus in order to carry out such activities legally.

The Seller accepts that in order to sell, offer to sell, or hold with the purpose to sell alcoholic drinks in the Republic of Cyprus, one needs to obtain the license for the sale of intoxicating liquors (retailer’s license and dealer’s license) by the Municipality, within which the premises are located, or in any other case by the District Officer of the District, within the boundaries of which the premises are located.

The term “alcoholic drinks or intoxicating liquors” refers to alcohol and beverages containing alcohol of any mixture that are suitable or intended for or can be processed in order to be used as drinks, such as wines and beers.

The Seller acknowledges that licensed persons to sell intoxicating liquors (retailer’s license and dealer’s license) are obliged to comply with the provisions of the Sale of Intoxicating Liquors (Spirits) Law (Cap 144) and relevant Regulations, as periodically amended, as well as with the terms and conditions of the license set by the Municipal Council or District Officer.

Indicatively, licensed persons to sell alcoholic drinks are obliged to comply with the following:

  1. The sale of alcoholic drinks to person under the age 17 is prohibited;
  2. All the bottles that include alcohol should remain sealed and should have the inscription as originally imported;
  3. Any transport of alcoholic drinks from any dealer or retailer within a container other than the original container is prohibited.

37. PRICING - ORDER PROCESSING INFORMATION AND DELIVERY

The price of the products should include any applicable VAT.

The Seller agrees that where packaging and postage costs (based on the given packaging dimensions and weight) were mistakenly priced into the SAP, the Seller has no right to pursue the Buyer for additional payments once the Buyer has submitted his order.

Once the Seller has received an order through the SAP the Seller is obliged to review and update the status of the order. VIVELOTS and Buyers will then be automatically informed about the order processing status.
The Seller accepts VIVELOTS shipping rules to ship products to Buyers via ACS Courier, DHL, Cyprus Post or any other courier service VIVELOTS may add from time-to-time, to all countries listed on the Shipping Information of the Website.

If additional packaging and postage costs apply to the Seller's products, where for example the products are heavy, fragile, bulky or precious or perishable, the Seller is responsible for ensuring that these costs are included in the price of the products.

The Seller acknowledges that he is responsible for the shipping and liable for any losses in the post including any non-delivery or misdelivery. When a Buyer chooses to purchase from a private Seller and the shipping of the product will go through VIVELOTS then VIVELOTS will be liable in the event of non-delivery or misdelivery.

The Seller agrees that he/she must ensure that the product is wrapped in a professional manner appropriate for the product and must ensure a printed version of the delivery slip for the Buyer is inserted into the packaging. The packaging must be appropriate for the product (bubble wrapped packages for delicate items, etc.).

38. RETURNS AND REFUNDS

All Sellers registered with VIVELOTS are bound by the Returns and Refunds rules as set out in section 22.

39. PAYMENT

Payments for products on the Website shall be made by Buyer to the Seller through the Website using PayPal balance or any major credit card.

During the registration process the Seller will be asked to specify the payment method of his/her preference. He/she can either provides us with his/her PayPal account detail or alternatively with his/her bank account details from a commercial bank which operates in Cyprus. In this way we automatically transfer his/her sales proceeds excluding selling fees as mentioned below.

Once the Buyer has submitted his/her order through the Website, funds are taken from the Buyer and held by VIVELOTS PayPal account until the 15th day of the next month. Only once the order is marked as shipped and 15th day of the next month arrived funds will be released from PayPal to the Seller after selling fees deduct.

The Seller hereby appoints VIVELOTS as its payment processing agent from the purposes of managing payments from Buyers and making any necessary refunds on his/her behalf.

40. LIMITATION OF LIABILITY AND INDEMNITY

Nothing in the Seller Policy limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

We clarify that we shall not be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any loss of profit or contracts, or for any indirect or consequential loss whether arising from negligence, breach of contract or otherwise.

Professional Sellers acknowledges that we shall not be liable to him/her in relation to the products. Professional Seller thus is responsible to take out the relevant insurance necessary to cover the cost of the products are supplying to Buyers in the event that they were lost or damaged in transit.

The Seller declares that shall indemnify and hold VIVELOTS harmless against all liabilities, claims, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, and all interest, penalties, taxes, duties and legal costs and all other reasonable professional costs and expenses) arising out of or in connection with the Seller's use of the Website.

It will be necessary sometimes for VIVELOTS to perform updates and carry out maintenance of the Website. Although we will try to do this at times which is least likely to inconvenience our Sellers and Buyer, and we will always try to notify Sellers of any scheduled maintenance we shall have no liability to you for loss of profits or other losses caused by maintenance carried out on the Website or downtime of the Website.

It is accepted that we shall not be responsible for any delays in performing, or for any failure to perform, any of our obligations hereunder if the delay or failure was due to any cause beyond our reasonable control.

41. TERMINATION AND CONSEQUENCES

Without limiting our other rights or remedies, it is in our discretion to terminate this Seller Policy and/or suspend Seller access or grant him/her only Restricted Access to the SAP with direct effect without giving any notice in advance if:

  1. Seller do any substantial and continuing breach of any of the provisions of the Seller Policy and his/her fail to remedy the same within 15 days after receipt of a written notice giving details of the breach and requiring it to be remedied;
  2. Seller is under insolvency status and an Official Receiver (or similar office holder) is appointed over any of your property or assets;
  3. Seller cease, or threaten to cease, to carry on business;
  4. Seller fail to pay any amount due to us in connection with the Seller Policy;
  5. Seller has at least 5% of his/her total product sales for the preceding month returned by Buyers in the subsequent month.

On termination of the Seller Policy:

  1. Seller shall immediately pay to us all of our outstanding fees and any other amounts which are properly owed to us together with any applicable VAT;
  2. Seller shall guarantee that all orders placed before termination are completed where his/her level of access to the SAP permits you to do so;
  3. Seller shall return to us any property which belongs to us. Until such property has been returned, Seller shall be solely responsible for its safe keeping and will not use it for any purpose;
  4. The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination of the Seller Policy shall not be affected. This includes the right to claim damages in respect of any breach which existed at or before the date of termination or expiry;
  5. All licenses granted under the Seller Policy will expire on termination;
  6. Clauses which expressly or by implication have effect after termination shall continue in full force and effect; and
  7. Seller acknowledges and accepts that we reserve the right to pass his/her contact details to a Buyer where, on termination of the Seller Policy, there remain any disputes or issues which are unresolved between him/her and the Buyer.

42. CONFIDENTIALITY

VIVELOTS will take all necessary measures to securely store all of the Seller's product and business information.

The Seller accepts that will not disclose any details of correspondence or operations (including the operations of the SAP and marketing plans) to any third parties.

The obligations of confidentiality under the Seller Policy shall remain in effect for 2 (two) years after the termination or expiry of the Seller Policy.

43. GENERAL

If any provision of the Seller Policy is declared by any judicial or any other competent authority to be void, voidable, illegal or otherwise unenforceable (or indications to that effect are received by us from any competent authority) then that provision shall be limited or eliminated to the minimum extent necessary so the Seller Policy shall otherwise remain in full force and effect and enforceable.

Nothing in the Seller Policy is intended or shall be deemed to constitute a partnership or joint venture of any kind between Sellers and us, nor constitute us your agent. Seller shall have no authority to act as our agent or to bind us in any way.

The Seller Policy shall not be enforceable by a person who is not a party to them. No variation of the Seller Policy shall be binding unless made in writing and signed by Seller and us.

The Seller Policy shall be governed by law of the Republic of Cyprus and the Courts of the Republic of Cyprus shall have exclusive jurisdiction to decide any dispute concerning the Seller Policy.

Any notice or other information required or permitted to be given under the Seller Policy shall be deemed to have been validly given if served personally on that party. If any such notice or other information is given by means of facsimile and/or email then notice shall be deemed to have been received on the same day if sent during normal working hours or on the next working day where sent outside such hours.

Effective date of this document is the 1st February 2019.

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