Supplemental Services Agreement
This service agreement (the “Agreement”) is made between you, as the User, and the Eutopia.Market entity, which completes the Trading Services Agreement for the use of the additional Eutopia.Market services (as defined below) provided to registered members of the online site Eutopia.Market.
1. Acceptance of terms
1.1 You acknowledge that you have read this agreement before using the additional services of Eutopia.Market. Each time you use the additional Eutopia.Market services, you confirm that you agree to be bound by the terms and conditions of this agreement and any subsequent changes or changes that may be made from time to time.
1.2 Whereas some of the additional Eutopia.Market services may be supported and provided by Eutopia.Market affiliates, Eutopia.Market may delegate some of the additional Eutopia.Market services to its affiliates.
1.3 We may modify this Agreement at any time by posting an updated version on the Site. The updated version of this Agreement shall take effect immediately upon publication. By continuing to use the Eutopia.Market Supplemental Services, you agree that the amended terms will apply to you.
2. Additional services Eutopia.Market
2.1 “Additional Eutopia.Market Services” are services provided by Eutopia.Market and our affiliates to facilitate payments in connection with online transactions concluded on and through the Site. These online transactions are subject to the Eutopia.Market Transaction Services Agreement.
2.2 Eutopia.Market additional services are available only to members / users of the Site. If your subscription to any member service of the Eutopia.Market Site expires or terminates for any reason, you are not eligible to use the Eutopia.Market Supplemental Services to complete online transactions on the Eutopia.Market Site. In addition, Eutopia.Market is under no obligation to provide additional services to Eutopia.Market if the bank account designated by a Seller in an online transaction to receive the transaction price has not been verified and confirmed by Eutopia.Market and our affiliates. .
2.3 Eutopia.Market shall be entitled to refuse the provision of additional Eutopia.Market services for any online transaction if (a) the online transaction does not meet the terms and conditions of the Eutopia.Market Transaction Services Agreement or other applicable terms, rules and policies to Eutopia.Market transaction services under the Eutopia.Market Transaction Services Agreement in accordance with Eutopia.Market's instructions or (b) if Eutopia.Market has reason to believe that the online transaction may violate any laws, rules or regulations or otherwise subject Eutopia.Market or any of our affiliates to liability.
2.4 You agree that Eutopia.Market will have sole and absolute discretion to remit funds that are subject to the terms of this agreement.
3. Additional services for online transactions
3.1 The Buyer of an online transaction pays the full price of the transaction to the Seller through the site Eutopia.Market or an entity specialized in online payment processing, agreed by us, unless another option is available directly on the site Eutopia.Market. When you use Eutopia.Market to send payment for an online transaction, payments are processed through accounts held by Eutopia.Market or one of its affiliates and / or a registered third-party service provider acting on behalf of Eutopia.Market. Funds are received for the Seller in accordance with the Agreement on Eutopia.Market transaction services. The Seller agrees that the Buyer's full payment of the transaction price listed for the Online Transaction to Eutopia.Market constitutes the final payment to the Seller and the Buyer's obligation to pay for the Online Transaction is fully satisfied upon receipt of the funds in the Eutopia.Market account. Payment must be made in RON or any other currency, as supported by Eutopia.Market from time to time.
3.2 Upon receipt of the Buyer's payment, Eutopia.Market will promptly notify the Eutopia.Market sites of the payment details. Eutopia.Market will monitor and keep safe custody of the funds received and will not release the funds unless an event provided in clause 3.3 below occurs.
3.3 Eutopia.Market will retain the funds received in connection with an online transaction, unless, as agreed between the Seller and Eutopia.Market, one of the following events will occur:
- (a) in the event of the successful completion of the Online Transaction upon confirmation by the Buyer, all funds will be remitted to the Seller;
- (b) in the absence of confirmation of receipt by the buyer of the goods within the time limit set by the Seller and as agreed by Eutopia.Market, all funds will be remitted to the Seller;
- (c) in the event of cancellation of the Online Transaction, all funds will be refunded to the Buyer;
- (d) in the case of a settlement agreement entered into by the Buyer and Seller, the funds will be disposed of in accordance with that settlement agreement;
- (e) if a dispute in connection with the Transaction Services has been submitted to the Eutopia.Market sites for the determination of Eutopia.Market and the determination of Eutopia.Market has become final and binding in accordance with clause 10 of the Agreement on Transaction Services Eutopia.Market, funds will be disposed of in accordance with the determination of Eutopia.Market; or
- (f) if Eutopia.Market or our affiliates receive any order, judgment, award or ruling from a competent court, arbitral tribunal or authority directing us to release the funds, the funds will be disposed of in accordance with such order. , decision, award. or judgment.
Eutopia.Market does not hold funds on behalf of the Buyer or in any relationship of legal authority or trust. The Seller has requested a delay in the settlement of funds to the Seller, as provided in this clause 3.3.
3.4 You acknowledge that Eutopia.Market may also provide a buyer protection plan for certain online transactions. In the case of the Seller who has been offered to subscribe to the buyer's protection plan, upon concluding a separate agreement with Eutopia.Market, the Seller may be obliged to provide deposits using the methods designated by Eutopia.Market on the Eutopia.Market sites to ensure Mandatory execution of the seller in accordance with the relevant buyer protection plan. The seller agrees to allow and authorize Eutopia.Market, which in turn requires Eutopia.Market to deduct, retain and dispose of any deposits provided in accordance with the terms of the relevant buyer's protection plan. The Buyer acknowledges and agrees that the protection provided by you under a Buyer Protection Plan applies to online transactions in which the Seller has subscribed to such a plan and the purchase falls within the scope of the Buyer Protection Plan. The services described in clause 3.3 of this Agreement will not apply to you if the Seller has subscribed to the Buyer Protection Plan and such plan already covers your purchase.
3.5 Upon release of any funds, Eutopia.Market will be entitled to deduct any financial fees or service fees due and payable to Eutopia.Market (if any) in the amount indicated by Eutopia.Market in accordance with the agreement between the Seller and Eutopia.Market.
3.6 If the Buyer makes payment in a currency other than the currency indicated in the Online Transaction transaction price, any refund made by Eutopia.Market to the Buyer in accordance with this Agreement will be made in the currency used by the Buyer in the Online Transaction, at the exchange rate used by Eutopia.Market to convert from the currency indicated in the transaction price on the date of repayment (or another applicable date), less any applicable fees or charges provided for in clause 3.5 of this Agreement. Due to currency fluctuations, this refund may be less than the amount paid by the Buyer in the Online Transaction, and Eutopia.Market will not be liable to any party for any difference in the refund attributed to currency conversion costs or exchange rate movements. .
3.7 The unclaimed funds will be held by Eutopia.Market for a period of five years, according to the instructions of Eutopia.Market, at which time the Seller will be deemed to have waived any claim regarding these funds or, if necessary by the applicable evasive laws . , we will remit the funds (less any fees, if any and to the extent permitted under applicable law) to the relevant competent authority. You agree that upon the expiration of this period or the sending of these funds to the relevant competent authority, in accordance with the laws on the escape in force, Eutopia.Market will be exempt from any additional obligation to pay these unclaimed funds.
3.8 You acknowledge and agree that Eutopia.Market may receive interest on funds held on your behalf in accordance with the additional Eutopia.Market services provided under applicable law and you will not receive interest or other profits in connection with Eutopia.Market Additional Services .
4. Responsibilities of users
4.1 All online transactions are concluded by and between users. You will complete the Online Transactions in accordance with the Eutopia.Market Transaction Services Agreement and the terms, rules and policies of the Eutopia.Market sites. You agree that Eutopia.Market and our affiliates or agents are not responsible for any online transaction or for any products or services provided in an online transaction.
4.2 You agree to give all notices, provide all necessary information, materials and approval and provide all reasonable assistance and cooperation necessary for the provision by Eutopia.Market of the additional services Eutopia.Market. Failure to do so will result in any delay in the provision of any Eutopia.Market Supplemental Services or the cancellation of any Online Transaction, Eutopia.Market and our affiliates will not be liable for any loss or damage resulting from such delay.
4.3 Represent and ensure that:
- (a) you use the additional Eutopia.Market services in good faith and in accordance with all applicable laws and regulations;
- b) the information and materials you provide in connection with your use of the Eutopia.Market Supplementary Services are true, lawful and accurate and are not false, misleading or misleading;
- (c) you will not use the Eutopia.Market Supplemental Services to defraud Eutopia.Market, our affiliates or other members or users or engage in any other illegal activities (including without limitation the treatment of products or services prohibited by law);
- (d) if you are a Seller of Products, you have the legitimate right and authorization to sell, distribute or export the Products using the Transaction Services, and such products do not infringe the rights of any third party;
- (e) if you are a Seller of Products, you have a good title for the products ordered in the Online Transaction and the products meet the agreed descriptions and requirements; and
- (f) if you are a Service Seller, you will provide the ordered services with reasonable care and skill.
4.4 If in the opinion of Eutopia.Market, any User does not act in good faith, abusing the Eutopia.Market Supplemental Services or in violation of this Agreement, Eutopia.Market will have the right to cancel the Online Transaction.
4.5 You, as the User, will be solely responsible for the payment of any taxes, fees or other government charges or any financial fees that may be imposed on any products or services purchased or provided through the additional services of Eutopia.Market or otherwise resulting from Online transaction. .
4.6 You agree to indemnify Eutopia.Market and our affiliates and our employees, directors, officers, agents and representatives and hold them not liable for any loss, damage, actions, claims and liabilities (including legal costs based on full compensation). ) which may arise, directly or indirectly, from your use of the Eutopia.Market Supplementary Services or from your breach of this Agreement. Eutopia.Market reserves the right, at our expense, to assume its defense and exclusive control over any matter that is the subject of compensation by the User, in which case the User will cooperate with Eutopia.Market in asserting any available devices.
5. Confidentiality of personal data
5.1 You agree that we may collect, own, use and transfer your personal data in accordance with the Eutopia.Market Website Privacy Policy.
6. Suspension of systems
6.1 If you are unable to use the additional services of Eutopia.Market directly or indirectly for any of the following reasons, you agree that Eutopia.Market affiliates or its agents are not liable for any delay, delay or failure to fulfill its obligations under this agreement:
- (a) the suspension of the system previously announced by Eutopia.Market;
- (b) any event of force majeure (as defined in Article 8).
7. Disclaimer and Limitation of Liability
7.1 Eutopia.Market shall be liable only for the obligations set forth in this Agreement.
7.2 You agree that all risks arising from the online transaction will be borne by you and your counterparty.
7.3 User information is provided by users themselves. Eutopia.Market does not offer any representation or guarantee regarding the accuracy, veracity and completeness of the users' information. You will be solely responsible for all consequences resulting from your own judgment and decision to use or otherwise rely on such information.
7.4 Eutopia.Market makes no warranties regarding Eutopia.Market Supplemental Services or any products or services provided by sellers in any Online Transaction, including but not limited to:
- (a) Eutopia.Market additional services will meet your requirements;
- (b) Additional Eutopia.Market services will be uninterrupted, timely or error free; OR
- (c) any products, information or materials obtained by you in connection with the Eutopia.Market Supplemental Services will meet your requirements.
7.5 Any proposal or material that you may obtain from Eutopia.Market or our staff or through the use of Eutopia.Market Supplemental Services, whether in writing or orally, does not constitute a guarantee of Eutopia.Market regarding Eutopia.Market Supplementary Services.
7.6 WITH THE EXCEPTION PROVIDED, I EXPRESS IN THIS AGREEMENT AND TO THE FULL EXTENTION ALLOWED BY LAW, THE SERVICES ARE PROVIDED ON "AS IS", "AS AVAILABLE" AND "ON ALL BASIS". ANY AND ALL THESE WARRANTIES, REPRESENTATIONS, CONDITIONS, ENTERPRISES AND TERMS, WHEREFORE EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED AND EXCLUDED.
7.7 TO THE COMPLETE EXTINCTION ALLOWED BY LAW, EUTOPIA.MARKET AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNISHMENTAL DAMAGES, INCLUDING NO DAMAGES. ECONOMIC INTERESTS, AFTER A CONTRACT, NEGLIGENCE, CRIME OR OTHER, REGARDING THE USE OR INABILITY TO USE ADDITIONAL SERVICES EUTOPIA.MARKET.
7.8 THE FULL / AGGREGATED LIABILITY OF EUTOPIA.MARKET AND OUR AFFILIATES COMING FROM EUTOPIA.MARKET ADDITIONAL SERVICES IN CONNECTION WITH AN ONLINE TRANSACTION MAY NOT EXCEED THE TOTAL AMOUNT OF THE REMUNERATION.
7.9 By using Eutopia.Market Supplemental Services, you acknowledge and agree that Eutopia.Market is not a bank and that Eutopia.Market Supplemental Services should in no way be construed as providing banking services. Eutopia.Market does not act as an administrator, trust in the funds of the User and has no control or responsibility for the products or services for which additional services are paid Eutopia.Market. Eutopia.Market does not guarantee the identity of any user and does not guarantee that a buyer or seller will complete a transaction on the Eutopia.Market sites.
7.10 Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply. You may also have other rights that vary from state to state.
7.11 If you have a dispute with other parties, you release us (and our affiliates and officers, directors, agencies and employees) from claims, claims and damages (actual and consequential) of any kind and nature, known and unknown, which arise. outside or in any way related to such disputes.
8. Force Majeure
Neither Party, its subsidiaries or agents shall be liable for any delay, delay or failure to fulfill its obligations under this Agreement, resulting directly or indirectly from acts of a nature, force or cause beyond the reasonable control of that Party, its affiliates or agents its, including without limitation, (i) a fire, flood, elements of nature or other natural acts, (ii) an outbreak or escalation of hostilities, war, riots or civil unrest or an act of terrorism; (iii) malfunctions of the internet, computer, telecommunications, power panels or any other equipment; (iv) a labor dispute (whether or not the employees' requirements are reasonable or within the power of the party to satisfy them), (v) acts or omissions of a governmental authority that prohibit or impede the affected party (or its affiliates or agents) from perform obligations under this Agreement, including orders of domestic or foreign courts or tribunals, government restrictions, sanctions, restrictions on currency controls, etc. or (vi) non-performance by a third party for any similar cause outside the reasonable control of the party (collectively, an "increased event of force"). If a force majeure event occurs, the non-performing party will be excused from the subsequent performance of the obligations affected by the event only as long as the force majeure event continues and the party continues to use reasonable commercial efforts to resume performance.
9. Jurisdiction
9.1 This Agreement shall be interpreted and implemented in all respects in accordance with the laws of Romania. Unless otherwise provided in applicable law, you irrevocably accept the exclusive jurisdiction of the courts of Romania, in connection with any action to implement the provisions of this Agreement, to recover damages or other damages for breach or failure to fulfill obligations under of this Agreement. or otherwise resulting from or under this agreement.
9.2 In the event of a dispute or claim arising out of or in connection with this Agreement, an online Transaction or your use of the Eutopia.Market Supplementary Services ("Dispute"), the relevant parties will resolve the Dispute through amicable negotiations. If a dispute arises between the Buyer and the Seller in connection with an Online Transaction, you agree that this dispute will be resolved in accordance with the procedures set forth in clause 10 of the Eutopia.Market Transaction Services Agreement. If you initiate any legal proceedings against Eutopia.Market or our affiliates in violation of clause 10 of the Eutopia.Market Transaction Services Agreement, you will indemnify Eutopia.Market and its affiliates, agents, employees, directors, officers and agents and protect them from any offense, compensation for any claim, loss, damage that may affect us.
9.3 In any case, you may not make any claim against Eutopia.Market or our affiliates under this Agreement, one year after the date of the issue that gave rise to the claim.
9.4 Notwithstanding the foregoing, either party may request an injunction of an injunctive or other equitable nature against the other party in any court of competent jurisdiction before or during the arbitration.
10. General provisions
10.1 If any provision of this Agreement is held to be void or unenforceable, this provision shall be deleted and the remaining provisions will be implemented.
10.2 The titles are intended for reference purposes only and do not define, limit, interpret or describe the purpose or scope of this section.
10.3 No agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or created by this Agreement.
10.4 Any failure of Eutopia.market to enforce any of our rights under this Agreement shall not constitute a waiver of such right or a waiver of subsequent or similar infringement. The waiver is effective only if it is made in writing.
10.5 Eutopia.Market shall have the right to assign this Agreement (including all our rights, titles, benefits, interests and obligations under this Agreement) to any of our affiliates and any interested successor. Eutopia.Market may delegate certain rights and responsibilities of Eutopia.Market under this Agreement to independent contractors or other third parties. You may not assign, in whole or in part, this Agreement to any person or entity.
10.6 In the event of any conflict between the Romanian version and another language version of this Agreement, the Romanian version shall prevail.