Rules for sellers
Website sales – Terms and Conditions for Sellers
Section 1 Definitions
- Administrator – the Website is administered by Grzegorz Komuniewski who carries on a business activity under the name PRZEDSIĘBIORSTWO WIELOBRANŻOWE „KOM” Grzegorz Komuniewski, registered in the Central Registry and Information on Economic Activity maintained by the Minister of Economic Development and Finance, NIP (tax identification number) 5840101734, REGON (National Official Business Register number) 190137480, ul. Wenus 37F, 80-299 Gdańsk, e-mail: firstname.lastname@example.org
- Seller – a non-Consumer entity carrying on the sale of goods via the Website for the purposes related to its commercial, economic, craft or freelancer activity, whose details are on his/her profile on the Website.
- Price list – price list of services provided by the Administrator to Sellers with regard to the Website, constituting Appendix No. 1 to these Terms and Conditions.
- Working day – every day from Monday to Friday with the exception of public holidays.
- Consumer – natural person who has conducted a legal transaction with the Seller (via the Website) not related directly with his/her professional or economic activity.
- Account – feature of the Website which allows the Buyer, identified by an individually specified unique name, to use all features available on the Website for the Buyers, including making purchases on the Website.
- Buyer – every entity making a purchase via the Website or an entity with an Account and a possibility to make a purchase, including the Consumer.
- Seller Profile – feature of the Website which allows the Seller, identified by an individually specified unique name, to sell goods via the Website.
- Commission – remuneration payable to the Administrator by the Seller for sharing the Website in the amount and on terms specified in the Regulation.
- Terms and Conditions – these terms and conditions which regulate the relations between the Seller and the Administrator in respect of selling goods by the Seller via the Website.
- Website – website maintained by the Administrator available at www.dobargo.com, via which Sellers can sell products and Buyers can purchase them.
- Agreement – agreement concluded between the Administrator and the Seller on the basis of these terms and conditions.
- Applicant – entity applying to become a Seller on the Website.
- Policy – purchasing policy on the Website directed to Buyers, available at the Website.
Section 2 Sales
- To become a Seller on the Website, one must first create an Account on the Website, then fill out a form (application) available at the Website and send it via the Website, which will include a request to change the Account into the Seller Profile and also accepting these Terms and Conditions.
- Following positive verification of the Seller by the Administrator, the Seller Profile is created, which will allow the Seller to start selling products via the Website.
- While evaluating the Applicant, the Administrator may in particular take into consideration the quality of the products offered by the Seller, their design and also, where applicable, reviews of the Applicant submitted by buyers on other websites.
- The Administrator may ask the Applicant for additional information in relation to his or her application, including, among other things, pictures of products planned to be placed for sale by the Applicant, presenting relevant documents (e.g. power of attorney), which confirm the right of the person submitting the application to represent the Applicant. In order to take the decision on granting the Applicant the status of ‘the Seller’, the Administrator may require additional information. However, the fact that this information was provided is not tantamount to granting the status to the Applicant.
- The parties of the sales agreements concluded via the Website are specific Buyers and Sellers, therefore the Sellers take all responsibility towards the Buyers in relation to these agreements and their actions on the Website. The Administrator only allows access to the Website which is a sales platform and is not a party to the above-mentioned sales agreements, thus he does not take any responsibility for the actions of Sellers on the Website, and also for their responsibility towards Buyers for such actions.
Section 3 Seller Profile
- Seller Profile is a free-of-charge feature of the Website offered to the Seller by the Administrator. However, the Seller may use additional, chargeable services on the Website intended for the Sellers.
- A Seller Profile on the Website may be created following the acceptance of the application by the Administrator, referred to in Section 2 of the Regulation.
- The Seller Profile allows the Seller to i.a. display products for sale, follow his/her current activity on the Website, including getting information about the orders placed by Buyers and also to edit independently his/her details.
- To use the Seller Profile, the Seller needs a device with a web browser and access to the Internet, as well as an active e-mail account. To display products and make sales on the Website, the Seller also needs to:
- – possess a bank account to which the Buyer can transfer the payment for the purchase made with the Seller via the Website or make an other payment method available to the Buyer;
- – provide the Administrator with all data necessary for the accounting statement (e.g. NIP number of the Seller) between the parties of the Agreement;
- – possess a PayPal account.
- When the Administrator takes a positive decision on the Applicant's application and confirms the creation of the Seller Profile, an agreement is concluded between the Seller and the Administrator for an indefinite period of time and under conditions specified in these Terms and Conditions.
- Either party to this agreement can terminate the Agreement with a 7-day notice period. To this end, the Seller should send his/her notice to the Administrator to the following e-mail address: email@example.com, which will result in deleting the Seller Profile and terminating the Agreement within de above mentioned period. The Administrator will send the notice to the Seller e-mail assigned to his/her Profile on the Website.
- Stipulations of this section apply to the Seller with regard to the termination of the agreement on the maintaining the Account. Furthermore, termination of the agreement on the maintaining the Account is tantamount to termination of this agreement.
Section 4 Obligations and declarations of the Seller
CONTENT (INCLUDING DESCRIPTIONS OF PRODUCTS) DISPLAYED BY THE SELLER
- By displaying products for sale on the Website, the Seller declares that he/she has all the corresponding copyrights and that they are his/her property.
- By placing materials (i.a. pictures) on the Website, the Seller declares that he/she has all the corresponding copyrights and relevant consents to use the image, especially if the pictures include images of people.
- It is forbidden to sell products on the Website, the sales of which is prohibited by law or violates principles of social coexistence, or the Administrator's policy regarding the nature of the Website.
- A list of exemplary goods, the sale of which is forbidden on the Website constitutes Appendix No. 2 to the Terms and Conditions.
- By placing materials on the Website, the Seller agrees to their use by the Administrator in the framework of activities connected to the Website.
- By displaying the content on the Website via the Seller Profile (especially pictures), the Seller grants the Administrator a free-of-charge, non-exclusive license which is unlimited territorially to use this content at least in the period of providing the Seller with the service in framework of the Website.
- The subject of the license is in particular: recording content, entering the content to the computer memory and the Internet, reproduction and dissemination printed copies, as well as dissemination of content in a way that everyone may have an access to it from any location and at any time, in particular: IT and ICT networks, including the Internet, and also in other places within the Internet, e.g. to promote the Website.
- The license includes the right to grant sub-licenses.
- By displaying a product for sale on the Website, i.e. publishing an offer, the Seller guarantees availability of the product. A sales agreement is concluded between the Seller and the Buyer upon the Buyer's placing of an order on the Website.
- The Seller is obliged to assign a right category to a product offered on the Website.
- The Seller may not have more than one active offer of the same product at the same time.
- The Administrator reserves the right to block a publication of a product on the Website if its description (including pictures) are of low quality, are not in line with the nature of the Website, may infringe the Website's favourable image or infringe the principles applicable on the Website or relevant provisions of law.
- The Seller is obliged to indicate a realistic deadline for fulfilling the order along with the description of the product by specifying:
- - the time needed by the Seller to send the product and
- - the time needed to ship the order separately for each delivery method made available by the specific Seller.
- - In case where the product is prepared for an individual order of the Buyer, the period for fulfilling the order may be longer, about which the Buyer should be informed in the description of the product on the Website before concluding the sales agreement.
- The Seller proceeds to fulfil the order immediately, i.e. no later than on the next Working day after receiving the payment for the order placed by the Buyer, if payment upfront was chosen by the Buyer.
- The Seller is obliged to deliver the product without defects and takes all responsibility towards the Buyer for all possible defects of the product within the limits specified in provisions relevant for the Sales Agreement.
- The Seller is obliged to keep the proof of shipment sent to the Buyer, for at least two months following the day on which the product was shipped to the Buyer.
COMPLIANCE WITH THE LAW AND THE WEBSITE POLICY
- The Seller is obliged to comply with provisions relevant for Sales Agreements or to activities resulting in the conclusion of such agreements with particular consideration given to:
- - provisions regarding Consumer rights,
- - legal regulations in countries to which sales are directed by the Seller,
- - tax regulations, including customs regulations, in particular in the framework of the required duties, excises and other public tributes.
- The Seller is obliged to read the Rules of making purchases by the Buyers on the Website, which are available at the Website and to respect them.
- In case any third entity submits a claim to the Administrator regarding the Seller activity on the Website, including the content placed by the Seller, the Seller is obliged to take relevant actions and cover all the costs incurred by the Administrator in relation to these claims.
- While using the Website, the Seller undertakes to observe provisions of the law and principles of social coexistence, in particular:
- To provide only such information on the Website which is in accordance with the factual and legal situation;
- Not to undertake actions which may impede the functioning of the Website or infringe the rights of the Administrator or other users of the Website, in particular not to obtain access to information which is not intended for it, not to obtain data from other Users under false pretences, not to post nor to distribute files via the Website which are computer viruses, worms or any other kinds of malicious software.
- Not to distribute any information which may constitute spam or scam via the Website or with the use of data obtained on the Website;
- To communicate with other Users with respect for the principles of social coexistence and by maintaining mutual respect;
Section 5 Disclosure obligations of the Seller
- On his/her Profile, the Seller is obliged to provide all his/her data in the scope required by the provisions applicable for the agreements concluded by the Seller, and in particular especially his or her contact details. The Seller cannot publish references to other websites connected to him/her on the Website, including on-line shops where the Seller products are sold or profiles in the social media, on which sales are made.
- In the product description, the Seller indicates:
- - the price of the product,
- - the time limit for fulfilment of the order,
- - available delivery methods and their cost,
- - available payment methods.
- All prices given by the Seller must include all due taxes.
- The Seller is obliged to display a detailed description of an offered product on the Website (which corresponds to reality ) and also to include good quality pictures to the description.
- In the case a product is prepared for the Buyer's individual order, the Seller should inform the Buyer about the fact that order fulfilment will require more time by including such information in the product description and specifying the deadline.
- The Seller is obliged to include his/her sales terms and conditions next to his/her products available on the Website. They must specify i.a.:
- - the complaint procedure applied by the Seller,
- - the address where the subject of the complaint is to be sent,
- - conditions of returns of the good, if such an option is available.
- Only the Seller, as the entity responsible for his/her actions on the Website, is responsible for the compliance of all of the content entered by him/her, including the terms and conditions, pictures and descriptions of the products displayed by him/her on the Website, and also for failure to include content required by the law or these Terms and Conditions, when he/she was obliged to do so.
Section 6 Payments and settlements
- All payments from Buyers in relation to the Sellers' sales of products on the Website will be made directly to the Sellers. The Administrator provides for the possibility of promotion, especially in the terms of number of products displayed free of charge. Information on current promotions will be available at the Website.
FEE FOR DISPLAYING AND PUBLICATION OF LARGER NUMBER OF PRODUCTS
- The Administrator charges a fee for displaying products if the number of products displayed on the Website free-of-charge exceeds a certain number indicated in the Price list.
- The period of publication of the offer for each product is indicated in the Price list.
- 14, 7 or 3 days before termination of the product publication, the Seller will receive a notification from the Administrator about the upcoming termination of the purchased publication.
- If the subsequent fee is not paid and thus the publication of the products is not extended for another period, the product is no longer visible for Buyers and is transferred to the ‘Unpaid/not visible products’ tab. The Seller can activate the publication of the product at any time by paying the relevant fee in accordance with the Price list.
- The Administrator charges the Sellers a interest Commission in the amount of indicated in the Price list counting from the value of the goods sold on the Website by the Seller, excluding shipping costs.
- In case the Consumer effectively withdraws from the sales agreement concluded with the Seller via the Website based on relevant, generally applicable provisions of law or when the order is not fulfilled for reasons not attributable to the Seller, the Seller may apply for a refund of the Commission paid to the Administrator.
- To receive the Commission refund referred to in subs. 6, the Seller must fill out a form (application) available at the Seller Profile in the tab ‘Commission refunds’. Data to be included in the form include:
- the order number,
- the products from the order which are included in the application for Commission refund or information that the application regards the entire order, e.g. if the Consumer withdraws from the Sales Agreement as a whole,
- the reason for applying for the Commission refund.
- In case the Administrator deems the Commission refund justifiable, the application will be accepted in the ‘Applications for commission refunds’ tab on the Seller Profile and relevant products from the order will be transferred to inactive products on the Seller Panel or, if the request regards the cancellation of the entire order, the order will be marked entirely as cancelled on the Seller Profile.
- The application referred to in subs. 7 is examined within 14 Working days, whereas the accepted application will be settled in the subsequent settlement period.
- If the Administrator considers the refund groundless, a notification will be sent to the Seller stating the grounds for rejecting the refund.
PROMOTION OF A PRODUCT
- The Seller can use the promotion service of his/her product in a category to which it is assigned or on the homepage of the Website (‘Promoting’).
- Promotion consists in additional presentation of the product on the Website (in relation to how this is normally the case) in a way indicated during the ordering of the service, e.g. by displaying the product in a highlighted frame or at the very top of the product category list. The Parties may agree on means and principles on product promotion other than those stated on the Website by separate arrangements.
- The product will be promoted for a period indicated upon the ordering of the service.
- To use the Promotion service, the Seller should inform the Administrator about his/her intent to do so, the scope and duration of the service, in accordance with the options available in the Price list by using a form available after logging in to the Seller Profile.
- After accepting the Seller's request referred to in subs. 14, the service will be activated. Services are activated in the order of submitted requests in a period indicated by the Administrator, by way of a message containing information about the acceptance of the request.
- In the case of many cancelled orders from a specific Seller, the Administrator will request the Seller to explain the cause of such a situation.
- If the Administrator is of the opinion that such a situation is likely to change, the Seller will receive recommendations regarding increasing the quality of customer service or changing the sales method, if the current one is not adequate and e.g. the content provided by the Seller is misleading to the Buyers.
- In case the situation fails to change despite the recommendations referred to in subs. 18, the Administrator will have the right to:
- Suspend the Seller’s possibility to make sales,
- Remove the Seller, including the Profile, from the Website.
- The Administrator will deliver the invoices for Commissions and other services provided by the Administrator to the Seller in relation to the Website due to the Administrator, including those indicated in this section, to the Seller after the end of each calendar month during which the Seller's payment obligation has occurred.
- The Seller consents to receiving invoices by the Administrator via email at the email address of the Seller assigned to his/her Profile.
Section 7 Personal data
- Personal data of the Sellers processed in connection with the use of the Website are administered by the Administrator.
Section 8 Complaints
- Complaints regarding the functioning of the Website should be directed to the Administrator at the following email address: firstname.lastname@example.org
- The Administrator will respond to a complaint within 14 Working days from receiving the complaint.
Section 9 Final provisions
- Providing content of illegal character by Sellers is forbidden, as is convincing Buyers to purchase products offered by the Seller by bypassing the Website.
- Downtime of the Website, especially due to modernisation of the Website or fixing possible irregularities, is possible. The Administrator will make every effort to ensure the downtime referred to in subs. 2 is as short as possible and causes as little inconvenience as possible.
- If possible, the Administrator will inform the Sellers about the planned downtime of the Website in advance.
- The Administrator is not liable to the Seller for the downtime of the Website.
- The court with jurisdiction over the registered seat of the Administrator is competent for disputes arising between the Administrator and the Seller.
- The Agreement is governed by the Polish law.
- Responsibility of the Administrator to the Seller who is not a Consumer is limited, within legal limits, only to the damages resulting from deliberate acts.
- The Administrator reserves the right to change these Terms and Conditions.
- Information about the planned amendment of the Terms and Conditions will be sent to the Seller's email address indicated in the Seller Profile at least 7 days before the amendment enters into force.
- If the Seller fails to object to the planned amendments before they enter into force, he/she will be deemed to have accepted them.
- If the Seller does not accept the planned amendments, he/she should send such information to the following email address: [...], which will result in the termination of the service agreement of maintaining the Seller Profile, therefore termination of the sales by the Seller on the Website upon the entry into force of the amendments.
PRICE LIST OF SERVICES AVAILABLE AT DoBargo.com
1. Costs of displaying products
There is no charge for displaying products.
The default period of publication of the offer is 120 days.
2. Sales commissions
||9%* of the product price
*the commission does not take into account the product shipping price may be determined by the Parties differently.
3. Promotion of products
|Method of promoting
|Banner on the homepage
|| 50 PLN per day
|Promoting the product on the homepage
|| 20 PLN per day
|Promoting the product on the category page
|| 1.50 PLN per day
Other promoting services (on the main homepage banner, in category descriptions, in the ‘our shops’ category on the homepage, etc.) are available individually, after consulting the Administrator.
Goods forbidden for sale on the Website*:
- goods which infringe intellectual property of other entities (including registered trademarks)
- goods which include pornographic content;
- goods which include content inciting to racial, national, ethnic and world-view hatred;
- goods which infringe personal goods of third parties;
- unoriginal goods (so-called ‘fakes’);
- weapons and ammunition, the possession and turnover of which require a special permission or registration.
* The list is not exhaustive and only includes examples of forbidden goods.