Welcome to Eutopia.Market! We're glad you're here. We offer you a collection of online resources, including products and the list of products, in compliance with certain terms and conditions of use. We published these rules on August 26, 2020, they come into force at the same time.
1. Definitions and Terms
Owner - the team formed by the Eutopia Gardens Foundation and Grup Expert SRL, which owns and manages in partnership the websites Eutopia.Market, Eutopia.School and Eutopia.Guide
Site / Sites - all owner's websites (as they currently exist or will be implemented later) are generically, individually or collectively referred to as Sites and / or Sites.
Service - the collection of online resources, offered by the Site.
User / Member - anyone who has registered on the Site.
Role - one of the following qualities by which a User relates to Eutopia.Market: buyer, manufacturer, distributor, partner, operator
Manufacturer - a legal entity that presents on its Site, directly or through its distributors, its own products and / or services and possibly sells them on the Site.
Distributor - legal entity that sells, through the Site, products and / or services of one or more Manufacturers.
Seller - User acting as Manufacturer or Distributor who sells or provides any product or service through an online transaction on the Site.
Free Member - Seller with whom the Owner has entered into a special agreement, which allows the Seller to use, free of charge, the Site and the Service.
Partner - natural or legal person of the type: producers' association, educational unit, chamber of commerce, public administration, etc., which collaborates with the Owner to promote producers in a geographical area / administrative unit.
Operator - Manufacturer, Distributor, Partner or its collaborator, who has or obtains access to the Content, through any means of communication provided by the Owner (electronic, telephone, etc.) or based on an existing use agreement between the Owner and .
Content - photos, symbols, web graphics, texts of any kind (except buyers' opinions), videos, sounds, technical data, prices and other information found on the Site.
Product - any good or service exhibited and purchased through this Site.
Buyer - User who purchases or purchases any product or service through an online transaction on the Site.
Buyer Account - the section of the Site consisting of an e-mail address and a password that allows the Buyer to send the Order and which contains information about the Buyer and the Buyer's history on the Site (orders, tax invoices, products, etc.).
Order - an electronic document that intervenes as a form of communication between the Seller and the Buyer, through which the Buyer transmits to the Seller, through the Site, his intention to purchase Products from the Site.
Contract - the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
Campaign - the action of displaying for commercial purposes, a finite number of Products with a limited and predefined stock, for a limited period of time set by the Seller.
Newsletter - means of periodic information, exclusively electronic, respectively electronic mail (e-mail, SMS) on the Products and / or promotions carried out by the Seller during a certain period, without any commitment on the part of the Seller with reference to the information contained therein.
Transaction - the collection or refund of an amount resulting from the sale of a Product by the Seller, to the Buyer, by using the services of the card processor agreed by the Seller, regardless of the method of delivery.
Specifications - all specifications and / or descriptions of the Products as specified in their description.
In this paper, words in the singular include the plural, words in the plural include the singular, words denoting the masculine gender include the feminine, and words denoting the feminine gender include the masculine.
2. Application and acceptance of the Terms
2.1 Accessing and using the site, service, software application and products of the site, implies the explicit or implicit acceptance of all the published Terms and Conditions, these having full contractual value. The continued use of the Site by the User constitutes an affirmative response to accept the changes made to this user agreement.
Your access to and use of the Site, the Service, the Software and the Products is subject to the terms and conditions contained in this document, as well as the Privacy and Product Listing Policy and any other rules and policies of the Site. which Eutopia.Market may publish from time to time. The promotional services mentioned in the Free Membership Agreement will include Sponsored Rankings and Listings and any other services that may be advertised by Eutopia.Market from time to time. This document and other site rules and policies are hereinafter referred to as the "Terms".
The terms and conditions presented are valid and apply to all websites for which the group formed by the Eutopia Gardens Foundation and the company Grup Expert SRL has the quality of author / owner / administrator.
2.2 You may not access or use the Services or Sites and accept the Terms if (a) you are not of legal age to enter into a binding contract with Eutopia.Market or (b) you are not permitted to receive services under the laws of certain countries / regions, including the country / region in which you reside or from which you access and use the Services and Sites.
2.3 Eutopia.Market may change the Terms at any time without notice. By accessing this page you can always read the latest version of these provisions. By continuing to access or use the Services or the Site, you agree that the amended and / or withdrawn Terms will apply to you.
2.4 If Eutopia.Market has posted or provided a translation of the Romanian or English version of the Terms, you agree that the translation is provided for convenience only and that the Romanian or English version will govern access to and use of the Services or Website. s.
2.5 You may be required to enter into separate agreement (s), online or offline, with Eutopia.Market or our partners for any Service (or features / facilities within the Services), as an "Additional Agreement". If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement takes precedence over the Terms only in relation to that Service (or feature within the Service) in question.
2.6 The terms may not be modified otherwise than in writing, by an authorized person of Eutopia.Market.
2.7 Eutopia.Market has the right, but is not obliged, to apply the Terms.
3. Provision of services
3.1 If you are registered on any of the sites, you can contact the Owner at the addresses mentioned in paragraph 13.8. As certain Services or some of them may be supported and provided by Eutopia.Market affiliates, Eutopia.Market may delegate some of the Services to its affiliates.
3.2 You must register as a member on the Sites to access and use some services. In addition, Eutopia.Market reserves the right, without prior notice, to restrict access to or use of certain Services (or any feature within the Services) to paying users or subject to such other conditions as Eutopia.Market may impose at its discretion. .
3.3 The Services (or any part of the Services) may vary for different regions and countries. There is no guarantee that a service or a particular facility or function will be uniformly available to users. Eutopia.Market may limit, deny or create different levels of access to the Services (or any features within the Services) with respect to different Users.
3.4 Eutopia.Market may launch, modify, update, impose conditions on, suspend or discontinue any Services (or any functions within the Services) without prior notice, except that, in the case of a fee-based Service, such changes will not affect substantially negatively the possibility for these paying users to benefit from this service.
3.5 Some services (or some of them) may be provided by Eutopia.Market affiliates on behalf of Eutopia.Market.
4. Users in general
4.1 As a condition of access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when you access or use the Sites or Services.
4.2 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, videos, sound, directories, files, databases or listings , etc., available on or through the sites (“Site Content”) and (b) you will not copy, reproduce, download, compile or otherwise use any content of the Site to operate a competing business with Eutopia.Market or otherwise, commercial exploitation of the content of the site. Systematic retrieval of site content from sites to create or compile, directly or indirectly, a collection, compilation, database or directory (either by robots, spiders, automated devices or manual processes) without the written permission of Eutopia. Marketing is forbidden. The use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
4.4 Eutopia.Market may allow Users to access content, products or services provided by third parties through hyperlinks (in the form of word links, banners, channels or otherwise), APIs or otherwise on the websites of such third parties . Before using the Sites, you must read the terms and conditions and / or privacy policies of these websites. You acknowledge that Eutopia.Market has no control over the websites of such third parties, does not monitor such websites and will not be responsible or liable to anyone for such websites, or any content , products or services made available on or through such websites.
4.5 You agree not to take any action to undermine the integrity of Eutopia.Market's and / or any other user's computer systems or networks, nor to gain unauthorized access to such computer systems or networks.
4.6 You agree not to take any action that would undermine the integrity of Eutopia.Market's feedback system, such as leaving positive feedback for you using membership or third-party IDs or leaving unsubstantiated negative feedback for another User.
4.7 By posting or posting any information, content or materials ("User Content") on the Sites or providing any User Content to Eutopia.Market or our representatives, and to the extent permitted by applicable law, you grant an irrevocable, perpetual license , worldwide, without copyright and sub-authorized (through several levels) at Eutopia.Market to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works and, incidentally, , use any part or all of the user's content in any form, media or technology known or not currently known in any way and for any purpose that may be beneficial to Eutopia.Market, the operation of the Sites, the provision of any services and / or services or user activity. Confirm and guarantee to Eutopia.Market that you have all the rights, power and authority necessary to grant the above license. Information protected under data protection laws will be used and stored only in accordance with these laws.
5. Members' accounts
5.1 The user must be registered on the Sites to access or use some services. A User may register on the Site with one or more roles: manufacturer, distributor, buyer, partner and / or operator, respecting the terms and conditions in addition to those present, specific to each role.
5.2 When registering on Sites, Eutopia.Market assigns to each registered User an account and issues a user ID and a password (the latter is chosen by a User during registration). An account can have a web-based email account with limited storage for the Member to send or receive emails.
5.3 A set of user ID and password is unique for a single account. Each user is solely responsible for maintaining the confidentiality and security of their ID and membership password and all uses and activities that occur under their account (whether or not such use or activities are permitted). No member may share, assign or allow the use of their member account, ID or password to another person. The Member agrees to notify Eutopia.Market immediately if it is aware of any unauthorized use of the password or account or any other breach of account security.
5.4 The member agrees to the use of the sites and services, as well as all activities carried out on his account (including, without limitation, posting any information about the company or product, making clicks to accept any agreements or rules additional subscription or payment for any services, sending e-mails using the e-mail account or sending SMS) are deemed to have been authorized by the Member.
5.5 Member agrees that Eutopia.Market will not be liable for any possible loss or damage caused in the event of multiple use of your account or breach of your account.
6. Responsibilities of members
6.1 Each Member shall represent, warrant and agree that (a) it has full power and authority to accept the Terms, to grant the license and authorization and to fulfill its obligations; (b) your access to and use of the sites and services will be for business purposes only; and (c) for members who are business entities, the address you provide upon registration is the principal place of business of your business entity. For the purposes of this provision, a branch or liaison office shall not be considered a separate entity and the principal place of business shall be that of the head office.
6.2 The Member will be required to provide information or materials about the entity, company or its products / services, as part of the registration process on the Site, for access to and use of the Service or member account. Each Member represents, warrants and agrees that (a) such information and materials, transmitted during or after the registration process throughout the continued use of the Site or Service are true, accurate, current and complete and (b) you maintain all information and materials, changing them as soon as changes occur, to keep them true, accurate, current and complete.
6.4 Each Member represents, warrants and agrees that (a) you are solely responsible for obtaining all necessary third party licenses and permissions with respect to any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or infringe any of the copyrights, patents, trademarks, trade names, trade secrets or any other personal or proprietary rights of any third party ("Human Rights"). to a third party ”); (c) you have the right and authority to sell, trade, distribute or export or offer for sale, trade, distribute or export the products and / or services described in the User Content, and such sale, trade, distribution or export or offer does not infringe any third party rights and (d) you and your subsidiaries are not subject to any trade restrictions, sanctions or other legal restrictions imposed by any country, international organization or jurisdiction.
6.5 Each member represents, warrants and agrees that the Content of the user it sends, posts or displays must:
a) to be true, accurate, complete and legal;
b) not to be false, misleading or misleading;
c) not to contain defamatory, slanderous, threatening or harassing, obscene, questionable, offensive, sexually explicit or harmful information to minors;
d) not contain information that is discriminatory or promotes discrimination on the grounds of race, sex, religion, nationality, disability, sexual orientation or age;
e) not to violate the Product Listing Policy, other Terms or any applicable Additional Agreements
f) not to violate applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition or false advertising) or to promote activities that may violate any applicable laws and regulations;
g) not contain any direct or indirect link to any other websites that contain any content that may violate the Terms.
6.6 Each member represents, guarantees and agrees to:
a) carries out its activities on the Sites, in accordance with the applicable laws and regulations;
b) carry out in good faith the business transactions with other users of the Sites;
c) carry out its activities in accordance with the Terms and any applicable Additional Agreements;
d) does not use the Services or the Sites to deceive any person or entity (including, without limitation, the sale of stolen items, the use of stolen credit / debit cards);
e) does not claim that it is the will of another person or entity, to misrepresent himself or his affiliation to any person or entity;
f) does not engage in spaming or phishing;
g) does not engage in other illegal activities (including without limitation to those that would constitute a crime, give rise to civil liability, etc.) or to encourage or carry out illegal activities;
h) does not involve attempts to copy, reproduce, exploit or expropriate the various directories, databases and own listings of Eutopia.Market;
i) does not involve computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, personal data or information;
j) does not imply any scheme that undermines the integrity of the data, systems or networks used by Eutopia.Market and / or by any user of the Site or to obtain unauthorized access to such data, systems or networks;
k) nor the director, officer, controlling party, affiliates and legal jurisdiction in which any of the persons or entities mentioned above is organized or has activities, are not persons or entities that are subject to any economic or fraud sanction of any entity governmental, international or regulatory; and
l) does not engage in any activity that creates any liability for Eutopia.Market or our affiliates.
6.7 The member may not use the Site, the Service or the member account to engage in activities identical or similar to the businesses on the eutopia.Market e-commerce market.
6.8 If the Member provides a business arbitrator, the Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from that arbitrator to (a) act as your business arbitrator; (b) post and publish contact details and information, letters of reference and comments on their behalf; and (c) that third parties may contact such business arbitrators to support claims or statements made about you. In addition, you warrant and agree that all reference letters and comments are true and accurate, and third parties may contact business arbitrators without the need for your consent.
6.9 The Member agrees to provide all necessary information, materials and approval and to provide all reasonable assistance and cooperation necessary for the provision of the services by Eutopia.Market, assessing whether the Member has breached the Terms and / or is handling any claim against this Member. If the Member does not comply with the result of the delay or suspension or cessation of the provision of a service, Eutopia.Market will not be obliged to extend the relevant period of service and will not be liable for any loss or damage caused by or in connection with such delay. , suspension or termination.
6.10 The Member acknowledges and agrees that Eutopia.Market reserves the right, but is not obliged to actively monitor or exercise any editorial control over the content of a message or material or information (including user content) created, obtained or accessed through Service or Site. Eutopia.Market does not accept, verify or otherwise certify the content of any comments or other materials or information (including user content) created, transmitted, posted, displayed or otherwise made by any member. Each member is solely responsible for the content of its communications and may be considered legally or responsible for the content of comments or other materials or information.
6.11 The Member acknowledges and agrees that the Site and the Services may be used by legal entities and their representatives for business use and for individual consumers or for personal use.
6.12 The Member acknowledges and agrees that each Member is solely responsible for complying with applicable laws and regulations in its jurisdictions, to ensure that all access to and use of the Site and Services is consistent with the same.
7. Violations of members
7.1 Eutopia.Market reserves the right, in its sole discretion, to remove, modify or reject any User Content that you submit, post or display on the Site, we reasonably believe it is illegal, violates the Terms, may subjects Eutopia.Market or our affiliates to obligations or is deemed otherwise inappropriate at the discretion of Eutopia.Market.
7.2 If a Member violates any Term or if Eutopia.Market has reasonable grounds to believe that a Member is in breach of any Term, Eutopia.Market shall have the right to take any disciplinary action it deems appropriate, including but not limited to: (i ) the suspension or termination of the member account and all accounts established to be linked to such account, Eutopia.Market, in its sole discretion, without liability for loss or damage resulting from or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription, access or current or future use of any Service; (iii) the removal of any product registrations or other user content that a Member has sent, posted or displayed or that imposes restrictions on the number of product registrations or user content that it may post or display; (iv) imposing other restrictions on the Member's use of any feature or function of any Service that Eutopia.Market may deem appropriate in its sole discretion; and (v) any other corrective, disciplinary or sanction actions that Eutopia.Market deems necessary or appropriate in its sole discretion.
7.3 Without limiting the generality of the provisions of the Terms, a Member would be deemed to be in breach of the Terms in any of the following circumstances:
a) upon complaint or request from any third party, Eutopia.Market has good reason to believe that this Member has not intentionally or materially failed to fulfill its contract with such third party, including without limitation if a Member providing products or services using the Sites and Services has failed to deliver any items ordered by such third party upon receipt of the purchase price or if the items that such Member has delivered do not substantially meet the terms and descriptions provided in your contract with such a third party,
b) Eutopia.Market has good reason to suspect that such a member has used a stolen credit card or other false or misleading information in any transaction with a counterparty,
c) Eutopia.Market has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate or misleading, or
d) Eutopia.Market considers that the actions of the Member may cause financial loss or legal liability to Eutopia.Market or our affiliates or any other Users.
7.4 Eutopia.Market reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement agencies, private investigators and / or injured third parties in the investigation of any suspected criminal or civil offense. In addition, to the extent permitted by applicable laws and policies, Eutopia.Market may disclose the identity, contact information and / or information relating to the account (s), transactions or activities performed on or through the Site, if requested by a government, regulatory or law enforcement body or an injured third party or as a result of a subpoena or other legal action. Eutopia.Market will not be liable for damages or results resulting from such disclosure and the Member agrees not to bring any action or claim against Eutopia.Market
7.5 Eutopia.Market may, at any time and in its reasonable discretion, impose limitations, suspend or discontinue the use by the Member of any Service or Site, without being liable to the Member if Eutopia.Market has received notice that The Member has in any way violated any agreement or commitment with any affiliate of Eutopia.Market, and such violation involves or is reasonably suspected of involving dishonest or fraudulent activities, Eutopia.Market reserves the right to, but is not obligated to, investigate such a breach or seek confirmation from the Member.
7.6 Each Member agrees to insure Eutopia.Market, affiliates, directors, employees, agents and our representatives that it does not cause any damages, damages, losses, claims and liabilities (including legal costs based on full compensation) that may arises from the submission, posting or display of any User Content, access to or use of the sites or services or breach of the terms or any additional agreements.
7.7 Each Member agrees that Eutopia.Market is not responsible and will not be liable to you or anyone else for any user content or other material transmitted through sites or services, including fraudulent, false, misleading , inaccurate, defamatory, offensive or unlawful material and the fact that the risk of damage to this content of the user or other material lies entirely with the member. Eutopia.Market reserves the right, at our expense, to assume the exclusive defense and control of any matter that is the subject of compensation by the Member, in which case the Member will cooperate with Eutopia.Market in asserting any available defenses.
8. Transactions between buyers and sellers
8.1 Through the websites, Eutopia.Market offers web-based electronic platforms for the exchange of information between buyers and sellers of products and services. Eutopia.Market additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites subject to the terms of the Service Agreement. transaction. However, for any Services, Eutopia.Market represents neither the seller nor the buyer in specific transactions. Eutopia.Market does not control and is not responsible for or responsible for the quality, safety, legality or availability of products or services offered for sale on the Sites, the ability of sellers to complete a sale or the ability of buyers to complete a purchase.
8.2 Users are therefore aware that there may be risks of treating people acting under false pretenses. Eutopia.Market uses several techniques to verify the accuracy of certain information provided to us by paid users when registering for a paid membership service on the Sites. However, because verifying users on the Internet is difficult, Eutopia.Market cannot and does not confirm the identity of each alleged User (including, without limitation, Paying Members). We encourage you to use a variety of means, as well as common sense, to assess who you are dealing with.
8.3 Buyers and sellers who access or use the Sites or Services assume the risk of making any purchase and sale transaction in connection with or through the Sites or Services. Buyer and sellers who access or use the Site or the Services fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of transactions on the Sites. Examples of such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory product quality, non-compliance with specifications, defective or dangerous products, illegal products, late or unpaid delivery or payment, miscalculations of cost, breach of warranty, breach of contract, shipping accidents, risk that the production, import, export, distribution, offer, display, purchase, sale and / or use of products or services offered or displayed on the Sites may violate or be claimed that it infringes the rights of third parties and the risk of users incurring defense costs or other costs in connection with the third party's assertion of the rights of a third party or in connection with any claims of any party that they have the right to defense or compensation or claims by third party rights claimants. Examples of such risks also include the risk of claiming that consumers, other buyers, end-users of products or other third parties have suffered injury or injury as a result of their use of products obtained through sites or services. All of the above risks are referred to as "Transaction Risks". Eutopia.Market is not liable for damages, claims, liabilities, costs, damages, inconveniences, business interruptions or expenses of any kind that may arise as a result of or in connection with any transaction risks.
8.4 Buyers and sellers of the Sites are solely responsible for determining and enforcing the terms and conditions of transactions made, through or as a result of using the Sites or Services, including, without limitation, terms of payment, returns, warranties, shipping insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed by the Transaction Services Agreement (and in particular clause 4.2).
8.5 The User agrees to provide all information and materials that may reasonably be requested by Eutopia.Market in connection with the transactions made, through or as a result of the use of the Sites or Services. Eutopia.Market reserves the right to suspend or terminate any account of the User if the User does not provide the information and materials requested without liability for loss or damage resulting from or in connection with such suspension or termination.
8.6 If a User has a dispute with any party to a transaction, this User agrees to release and indemnify Eutopia.Market (and our agents, affiliates, directors, officers and employees) from all claims, claims, actions , the procedures, costs, expenses and damages (including, without limitation, any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or transaction.
9. Limitation of liability
9.1 FOR THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY EUTOPIA. ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. All such warranties, representations, conditions and commitments are excluded.
9.2 EXTINŢIA PERMITTED BY LAW MAKES NO REPRESENTATIONS OR WARRANTIES EUTOPIA.MARKET on the validity, practicality, accuracy, reliability, quality, reliability, or timeliness of the information provided COMPLETENŢA EUTOPIA.MARKET OR NOT represent or warrant that manufacture, import, export, distribution , THE OFFER, DISPLAY, PURCHASE, SALE AND / OR USE OF THE PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DO NOT VIOLATE ANY RIGHTS OF ANY THIRD PARTY; AND EUTOPIA.MARKET DOES NOT REPRESENT OR WARRANT, IN ANY WAY, ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
9.3 Any material downloaded or otherwise obtained through the Site or the Services is made at the discretion and risk of each User and each User is solely responsible for any damage to their own or the Eutopia.Market computer system or any data loss that may result from downloading any such material. No advice or information, oral or written, obtained by a User from Eutopia.Market or through or from the Sites does not create any guarantee that is not expressly mentioned herein.
9.5 Sites may provide users with services or products provided by independent third parties. No warranty or representation is made regarding such services or products. Under no circumstances will Eutopia.Market or our affiliates be liable for such services or products.
9.5 Each User agrees to protect and salvage Eutopia.Market, our affiliates, directors, officers and employees from any losses, claims, debts (including legal costs based on total compensation) that may result from user access to or use of the Site. or the Services (including, but not limited to, the display of this User's information on the Sites) or from your breach of any of the terms and conditions of the Terms. Each User further agrees to shelter and salvage Eutopia.Market, affiliates, directors, officers and our harmless employees from any loss, damage, claims, debts (including legal costs based on full compensation) that may arise from the breach The User of any representations and warranties made by the User to Eutopia.Market, inclusive, but not limited to those set forth in clause 5 below.
9.6 Each User further agrees to indemnify and hold harmless Eutopia.Market, our affiliates, directors, officers and employees harmless from any loss, damage, claims, debts (including legal costs based on total compensation) that may arise, directly or indirectly. indirectly, as a result of any claim made by the claimants for the rights of third parties or other third parties regarding the products offered or displayed on the Sites. Therefore, each User agrees that Eutopia.Market is not responsible and will not be liable to you for any material posted by others, including defamatory, offensive or unlawful material and that the risk of damage caused by this material lies with totality of each User. Eutopia.Market reserves the right, at our expense, to assume its exclusive defense and control over any matter that is the subject of compensation by you, in which case you will cooperate with Eutopia.Market to assert any available defenses.
9.7 Eutopia.Market will not be liable for special, direct, indirect, punitive, incidental or consequential damages or for any damages (including but not limited to damages for loss of profit or savings, business interruption, loss of information), regardless of if contract, negligence, offenses, equity or otherwise or any other damages resulting from any of the following:
a) use or inability to use the sites or services;
b) any defect in the goods, samples, data, information or services purchased or obtained from a User or any other third party through Sites or Services;
c) violation of the rights of third parties or claims or requests that the production, import, export, distribution, offer, display, purchase, sale and / or use of products or services offered or displayed on the Sites or through the Services that may violate or it may be alleged that it infringes the rights of third parties; or claims by any party that they have a right to a defense or compensation in connection with claims, claims or claims made by claimants for the rights of third parties;
d) unauthorized access by third parties to private data or information of any User;
e) statements or conduct of any User of the Sites or Services; or;
f) any aspect related to the Sites or Services, which appear, however, including negligence.
9.8 Notwithstanding any of the foregoing, Eutopia.Market's sole responsibility, our employees, agents, affiliates, representatives or any person acting on our behalf with respect to each User for all claims arising out of access to or use of the Sites or the Services during any calendar year is limited to (a) the amount of fees paid by Eutopia.Market in exchange for access to or use of the Site or Services during the calendar year and (b) the maximum amount permitted by applicable law. The previous thesis does not exclude the obligation of the User to prove the real damages. All claims arising out of the use of the Sites or Services must be filed within one (1) year from the date of occurrence of the cause of action or for a longer period as provided in the applicable law governing the Terms.
9.9 The limitations and exclusions of liability for you in accordance with the Terms apply to the fullest extent permitted by law and apply if Eutopia.Market has been advised or not of the fact that it may be aware of the possibility of such losses.
10. Force Majeure
10.1 In no event shall Eutopia.Market be liable for any delay or failure or disruption of the content or Services accessed or delivered through the Sites that results directly or indirectly from acts of a nature, force or cause beyond our reasonable control. , including without limitation, Internet, computer, telecommunications or any other equipment, power panels, strikes, labor disputes, riots, insurrections, civil unrest, lack of labor or materials, fires, floods, storms, explosions, acts of God, war, government actions, orders of domestic or foreign courts or tribunals or non-execution of third parties.
11. Intellectual property rights
11.1 Eutopia.Market is the sole owner or legal licensee of all rights and interests in the Sites and the Content of the Site. The sites and the content of the site include trade secrets and other intellectual property rights protected in accordance with copyright and other global laws. All titles, proprietary rights and intellectual property rights in the Sites and Site Content will remain with Eutopia.Market, our affiliates or licensors, as applicable. All rights not otherwise claimed in terms or by Eutopia.Market are reserved.
11.2 "EUTOPIA.MARKET", "EUTOPIA.GUIDE", "EUTOPIA.SCHOOL" and the related pictograms and logos are trademarks of Eutopia Gardens and are protected under copyright and other applicable property laws. Unauthorized copying, modification, use or publication of such trademarks is prohibited.
11.3 Eutopia.Market may have independent third parties involved in the provision of Sites or Services (for example, authentication and verification service providers). You may not use any trademarks, service marks or logos of independent third parties without the prior written consent of those parties.
12.1 All legal notifications or requests to Eutopia.Market will be made in writing and sent in person to Eutopia.Market, by courier or certified mail to: Eutopia Gardens Foundation or Grup Expert SRL (as appropriate), at: str.Dacilor, no. . 10A, 310117 Arad, Arad county, to the attention of: the Legal Department. Notifications will be effective when received by Eutopia.Market.
12.2 All legal notices or requirements to or in connection with a User are effective if they are delivered in person, sent by courier, certified mail, fax or e-mail to the last correspondence or e-mail address provided by the User to Eutopia.Market , or by posting such notice or request on an area of the Sites, accessible to the public free of charge. Notification to a user is deemed to have been received by that user if and when:
a) Eutopia.Market is able to demonstrate that the communication, whether in physical or electronic form, has been sent to such a user or
b) immediately after Eutopia.Market has posted a notice on an area of the Sites that is accessible to the public free of charge.
12.3 You agree that all agreements, notices, requests, submissions and other communications that Eutopia.Market sends to you electronically will satisfy any legal requirement that such communication be in writing.
13. General provisions
13.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Eutopia.Market with respect to and govern your use of the Sites and Services and supersedes any other prior written or oral agreements relating to the same subject matter.
13.2 Eutopia.Market and you are independent contractors and these Terms are not intended to create any agency, partnership, partnership, employee-employer or franchisor-franchisee relationship. However, other types of relationship may be the subject of additional contracts.
13.3 If any provision of the Terms is deemed invalid or unenforceable, that provision will be removed and the remaining provisions will remain valid and enforceable.
13.4 The titles are intended for reference purposes only and do not define, limit, interpret or describe in any way the purpose or scope of this clause.
13.5 Eutopia.Market's failure to enforce any right or failure to act in respect of the infringements by you in accordance with the Terms shall not constitute a waiver of such right and no waiver of Eutopia.Market's right to act in respect of the infringements subsequent or similar.
13.6 Eutopia.Market will have the right to assign the Terms (including all our rights, titles, benefits, interests and obligations in the Terms to any person or entity (including Eutopia.Market affiliates). You may not assign, in whole or in part, the Terms to any person or entity.
13.7 This agreement is governed by Romanian law and the parties to this agreement hereby agree.
13.8 If you have comments about the Services we offer, you can email us at: firstname.lastname@example.org, with any such feedback or questions.