Terms and Conditions.
Designations and terms.
Authorization - entering the seller's personal account (for this you need a password and login) at the address: https://monstroplace.com/.
The administrator - Dmitry Herbeda, a private entrepreneur, with a registered office: Austria, Vienna, 1110, Braunhubergasse 28/37.
Administration - employees of the online platform who manage the processes and events of the Platform, as well as provide technical support to users of the site.
Account - a special interface that allows the Seller to access the functionality of the Site and manage their online store.
Blocking - forced deactivation of the Seller's Account and assigning it to goods/services "out of stock" for violation of contractual terms (organizational and/or commercial).
Order - executed on the website of the sales agreement, through the basket or chat, on the purchase of sellers’ goods (s).
Application - the application of the Seller, sent to the owner of the Platform, for the conclusion of the Agreement for the provision of services (acceptance of the agreement), including the documents necessary for this.
Content - information posted on the site about a product or service: the name and description of commodity items, photographs, characteristics, information about the seller, etc. in the form of text, graphics, and other materials.
Counterparty - one of the parties to the contract.
Login - user ID on the site.
Moderation – a process of processing and checking information about a product for compliance with the requirements of the Platform, with possible changes by the Administration.
Online Platform (Platform) - a communication platform that is part of the site https://monstroplace.com/ and the mobile application for sellers to place their goods on its showcases for the purpose of sale.
Seller Rating - a system of subjective buyer' evaluation of the seller's work.
Password - a secret combination of characters, letters, or numbers for authorization in the system / on the site.
Buyer - a user of a website or a mobile application, a legal entity, or an individual who makes or initiates a purchase transaction with a seller on the Platform.
User - any visitor/authorized visitor of the Monstroplace website.
Seller - a legal entity or an individual entrepreneur from the EU zone, which gains access to the Marketplace and places its goods for sale on the site.
The Platform - the information resource of the Contractor, presented in the form of an e-commerce web portal, located at https://monstroplace.com/, consisting of software and hardware, the result of computer programming, all rights to which belong to the Contractor and licensor.
In its work, the Platform adheres to the following values:
The sale of goods - a procedure with goods ordered from the seller on the website or in a mobile application, the end result of which is the transfer of the purchased goods to the buyer in any way, including with the involvement of third parties, in accordance with the terms of the Agreement.
The site - is a web portal with the domain name https://monstroplace.com/ allowing the buyer to purchase goods online.
Goods - consumer goods, other products, and services for consumers that are the subject of sale on the site and do not violate Austrian law and the Agreement.
1. Rules and conditions for registering a seller account.
1.1. A seller on the Monstroplace marketplace can be any business entity registered in a country that is a member of the European Union.
1.2. Before starting cooperation, the Seller is obliged to conclude an agreement with private entrepreneur Herbeda Dmitry. To conclude an agreement, the Seller must provide documents confirming the registration of his entrepreneurial activity, the name, and the logo of the store. The agreement is not public.
*Non-Public Contract - This means that we are not obligated to enter into a contract by anyone who accepts our terms. Thus reserving the right to refuse the seller to cooperate.
1.3 To create an Account, the seller is obliged to provide contact details and other information at the request of the Administration.
1.4 The Seller undertakes to adhere to the requirements of the Platform in relation to the logo and name of the store.
1.5 Seller has the opportunity to use Platform, its services in accordance with selected tariff plan after the bilateral signing of the contract.
2. Rules for placing goods on the site.
2.1 The seller can add products manually or use the import of CSV format.
2.2 Goods on the site are placed in the status "In stock" or "Out of stock". Managing the availability of goods takes place according to the current information on the product card.
2.3 Setting and controlling the quantity of goods on the marketplace is implemented using the Warehouses system. The seller can keep track of the quantity of goods in several warehouses, in different cities or even countries (according to the tariff plan).
2.4 Merchants may sell digital goods such as music, software, movies, video courses, etc. .
2.5 By placing the goods, the seller gives the administrator the right to use the provided content on the site. Administration reserves the right to refuse the seller to add/change or completely remove information about the product from the site.
2.6 Monstroplace permits viewing and downloading of site materials for personal, non-commercial use only, provided that all copyright and other proprietary notices contained in the original materials and any copies thereof are retained.
2.7 Seller undertakes not to provide goods for placement on the site (and also not to offer as a free addition to goods on any terms), the implementation of which violates the current legislation of Austria or the European Union or the rights of third parties (including copyright and other intellectual property rights) and is solely responsible for such actions.
2.8 By placing goods on the site, the seller confirms: the right to sell such goods in accordance with the established requirements, compliance with the procedure and conditions for its sale, the availability of necessary documents, including permits, and also undertakes to provide documents for the goods, in case of receipt administration request.
2.9 The seller is fully responsible for the placed goods and the obligations assumed in the transaction with the buyer. The seller cannot shift responsibility for the availability, packaging, quality and compliance of the goods with the description to third parties (suppliers, couriers, manufacturers, etc.).
2.10 Seller is responsible for the accuracy and completeness of information about the goods being sold. The administration and the administrator are not responsible for the description of the product, the correspondence of the photo, the declared characteristics, or for the product itself sold by the seller.
2.11 Administrator is not a participant in transactions between the seller and the buyer.
2.12 Products posted on the site must contain a detailed and reliable description, high-quality photographs, the necessary characteristics, as well as the current price and availability, and comply with content requirements. Information related to the origin of the product or its manufacturer should not mislead the buyer.
Therefore, the administration, at its own discretion, has the right to:
2.13 Information about the methods of delivery of goods used by the seller, as well as the cost of courier services, should be displayed on the site so that the buyer has a complete and clear idea of the method, time, and cost of receiving the purchased goods.
3. Services, cost of services
3.1 The administrator provides the seller with access to the online platform for the possibility of selling goods on the terms of payment for the use of the service. The terms of payment and the cost of services are established by the Agreement.
3.2 The commission for a successful transaction is deducted in the amount established in the contract in accordance with the tariff for the category of goods in the order. Write-offs are displayed in the report in the Balance section in the seller's personal account.
3.3 The refund of the deducted commission to the seller's account is possible if the buyer refused to purchase or returned the goods within 14 days from the date of receipt of the goods. To return the deducted commission, the seller must, within 45 days from the date of execution of the order, submit an application to the administration, in which to provide confirmation of receipt of the goods from the buyer and the return of funds. Or the buyer will use a special form for returning goods in his personal account.
3.4 The administration has the right to block the seller's account for arrears in paying the commission and services for using the platform.
4. Work with orders.
4.1 The purpose of the seller's participation in the sale process is to conclude a sale and purchase transaction with the buyer who placed an order on the site or in the marketplace application. A transaction concluded in this manner is considered concluded in accordance with the requirements of the laws of Austria and/or the European Union and is the source of certain obligations for its parties.
4.2 The order is fixed after the buyer clicks the "Order" button.
4.3 Each order is assigned a unique number, which is sent in an informational e-mail message and is available in the personal accounts of the parties to the transaction.
4.4 The total order amount includes the price of each unit of goods within the order. Shipping costs are paid by the buyer, unless otherwise specified by the seller. Adding to the total amount of the order other additional payments not agreed with the buyer (packaging services, etc.) is prohibited.
4.5 Depending on the stage of order processing, the seller is obliged to change / update the status of the order in the personal account in a timely manner.
4.6 All essential terms of the transaction are set by the seller in the product card and are subject to acceptance by the buyer confirming the order. Additional terms of the transaction can be established by counterparties by mutual exchange of electronic messages or by telephone. If the buyer selected another product in the order, but the seller does not have the opportunity to make changes to the order (the product is not added to the site), it is necessary to leave an appropriate comment in the order and inform the administration about this, indicating the order number, what exactly and in what quantity will be sent / sent, as well as the total cost.
4.7 Seller is responsible for the safety of the goods until the delivery of the goods to the courier service. The risk of loss or damage to the parcel during transportation is borne by the carrier in the amount of the estimated value of the goods. At the time of transfer of the goods to the buyer, the ownership of the goods and all the risks of its safety pass to him.
4.8 In case of detection of defects in the goods, incompleteness of the parcel, improper quantity of the purchased goods, the buyer has the right to refuse the parcel at the time of its receipt by drawing up an appropriate inspection report. After returning the goods to the seller, all shipping costs are covered by the seller.
4.9 If during the warranty period established by the seller, the buyer reveals defects in the purchased goods, confirmed by the technical inspection certificate, the buyer has the right to demand at his choice:
• free elimination of defects in goods or reduction in the cost of goods;
• reimbursement of costs incurred by the buyer or a third party to fix them;
In case of detection of significant defects that arose through the fault of the manufacturer and confirmed by the examination, the buyer has the right to demand:
• termination of the contract of sale and return of money for the goods;
• replacement of goods with a similar one from the seller's assortment.
4.10 In the event that the buyer refuses to receive the parcel at the destination, the seller's transportation costs may be reimbursed by the buyer upon prior agreement and in compliance with the requirements of the Consumer Rights Protection Law and the rules for exchange and return.
4.11 If the buyer has received the goods of good quality, but for some reason wants to return or exchange them within 14 days from the date of receipt, then, by agreement of the parties, the goods must be sent at the expense of the seller in the way that the seller informs. The seller has the right to refuse the buyer to return/exchange if this does not contradict the Law of Austria and/or the European Union "On the Protection of Consumer Rights".
4.12 The seller is obliged to return to the buyer the amount of the advance payment for the goods made by the latter within 10 days from the date of the buyer's presentation of such a demand, subject to the following conditions:
o the goods are not delivered to the consumer on time;
o the consumer sent the seller a notice of refusal to fulfill the contract of sale due to the seller's violation of the obligation to transfer the goods within the prescribed period.
4.13 The method of handling the complaint should be fast and free of charge for the buyer.
4.14 For all orders received in the personal account, the seller undertakes to indicate the correct status.
4.15 The administration is not a party to the transaction between the buyer and the seller, does not interfere in the course of the transaction, is not liable for the obligations of the parties involved in it, does not participate in legal relations between them and is not responsible for their actions / inaction. At the same time, the administration controls the progress of the transaction, has the right to contact the parties to clarify information about the progress of the transaction and, in case of violation of the rules, apply appropriate measures to the violator.
5. Account blocking.
5.1 The administration has the right to block the seller's account for violating the rules of working on the online platform without prior notice.
5.2 During the blocking, all the seller's goods will become unavailable for ordering, while all orders received earlier must be processed.
5.3 The blocking notification is sent to the store owner's email. The message indicates the reasons for the blocking and the required steps to reopen the store.
5.4 Blocking periods are set at the discretion of the administration.
5.5 Removing the imposed restrictions on the account is possible only by the decision of the administration.
6. Ratings, reviews, and comments.
6.1 Users can leave reviews about products, ask questions and correspond, rate and comment on the quality of the seller's work.
6.2 Based on buyers' ratings on the quality of the seller's work, a store rating is formed on the platform.
6.3 The administration does not interfere with product reviews, ratings and comments posted by the buyer. Only in cases of violation of the rules, the administration has the right to delete or change the left comment / review about the product.
6.4 In correspondence between the seller and the buyer through the form "Ask a question about the product" and "Ask a question to the seller" is prohibited:
• insults, swear words, vulgar or obscene text; • unreadable signs and symbols; • web addresses, phone numbers, contact details; • advertising texts; • placing an order from these correspondences through your website, bypassing the marketplace website.
6.5 The administration does not interfere in correspondence through the "Ask a question about the product" and "Ask the seller a question" form. Only in cases of violation of paragraph 6.4, the administration has the right to apply sanctions to the seller.
6.6 It is unacceptable to give fictitious ratings/reviews about a product or a seller with the help of third parties, additional accounts, etc. For violation of this condition, the store may be blocked.
7. Restrictions and prohibitions on goods.
7.1 The administrator prohibits the sale of any goods that violate the Law of Austria and/or the European Union or may be regarded as offensive or misleading, as well as being on the list of goods prohibited for sale.
7.2 The administrator reserves the right to refuse to place the seller's goods on the online platform without giving reasons.
7.3 The administrator can adjust the lists of prohibited for sale categories of goods and brands (manufacturers, trademarks) at his own discretion, without the consent of the seller and his notice.
7.4 The seller undertakes to provide the administrator with certification and permit documents for goods that require additional documents for their sale.
8. The rights and obligations of the seller.
8.1 Only the Seller with whom the contract has been concluded can own the information necessary to access the seller's account, such information is prohibited to transfer or rent the account to third parties. In case of violation of this condition, the seller is fully responsible for any actions committed by persons to whom he transferred information about access to the account, including civil and/or criminal ones. The administrator is not responsible for the actions of third parties who became aware of the login and password of the seller, as well as for the consequences.
8.2 If the seller has noticed suspicious activity in his account (signs of hacking) or the loss of access data to his personal account (login or password), he must change/restore the password on his own or notify the Administration.
8.3 Seller undertakes to use the online platform/website only for lawful purposes, comply with the current legislation of Austria and the European Union, as well as the rights and legitimate interests of the administrator, and also adhere to high standards of customer service.
8.4 Seller undertakes not to use, independently or with the involvement of third parties, the online platform for purposes that can be qualified as a violation of third-party intellectual property rights, unfair competition, or other violation of the current legislation of Austria and the European Union.
8.5 Seller undertakes to provide, upon request of the administration, additional information that is directly related to working on the online platform.
8.6 In the event of a change in their legal or bank details, contact details, notify the Administrator of their change through the Seller's Account, by e-mail, and reflect them in the Agreement no later than 7 (seven) calendar days from the date of the change.
8.7 Seller undertakes to independently account for income received as a result of transactions on the website and submit reports to the tax authorities in the manner prescribed by the current legislation of Austria or the country of its registration.
9. Rights and obligations of the Administration.
9.1 The Administration undertakes to ensure that the seller can receive services in the manner specified by the Agreement.
9.2 The administration reserves the right, at its sole discretion, to change or delete any information that is published by sellers on the site, suspend, restrict or terminate sellers' access to the services of the online platform at any time and without explanation.
9.3 The administration has the right to place advertising and/or other information in any section of the site without the consent of the seller.
9.4 The administrator and the administration have the right to unilaterally, in whole or in part, suspend the fulfillment of their obligations under the Agreement by notifying the Seller if:
a. the Seller's service quality indicators are reduced to critical indicators determined by Monstroplace;
b. the Seller has a debt to pay any amounts under the Agreement;
c. in relation to a specific product, if it has deficiencies not agreed upon by the Parties or the condition of the product does not comply with the Product Card or the requirements of the Agreement;
d. Seller does not comply with the terms of the Agreement or violates the rights of third parties;
e. for technical or other reasons. During the term of the suspension, no fees will be charged for the services directly affected by such suspension.
9.4.1 At the same time, the administrator and the administration are not responsible for any damage that may be caused to sellers by such actions, including lost profits.
9.5 Administration undertakes to provide the seller with the opportunity to receive advice from the support service. The scope of consultations is limited to issues related to the operation of the site, online platform, or the provision of services (services) in accordance with the Service Agreement. Technical support is provided during the term of the Agreement on business days from 9.00 to 18.00, email: firstname.lastname@example.org.
9.6 Administration, in order to ensure the safety of users and the operation of the site, as well as to prevent and stop fraudulent activities, has the right to request documents for a specific product to confirm its authenticity, as well as documents confirming the shipment of goods to buyers. In case of refusal to provide documents or ignoring such a request, the administration has the right to unilaterally suspend, restrict or terminate the access of such a seller to the online platform or hide the product (s) from the site unilaterally at any time.
9.7 The administration and the administrator are not responsible for the actions of the seller and, in the event of a corresponding request from the competent state body, they have the right to provide information on the number of transactions made, as well as other necessary information.
10. Responsibility. Limitation of Liability.
10.1 Administration is not responsible for the compliance of the online platform in whole or in part with the seller's expectations, as well as for the safety of the login and password providing access to the online platform, and does not reimburse the seller for any losses associated with this.
10.2 Administrator and administration are not responsible for the small number or lack of orders for the seller's goods, unjustified expectations, and possible losses in the process of working on the online platform.
10.3 Administration is not liable to the seller for restricting or terminating access to the services if these restrictions and terminations arose due to force majeure circumstances, the occurrence of which the administrator and administration could not influence.
10.4 Administration is not liable to the seller or third parties for direct and/or indirect losses, including lost profits or lost data, damage to honor, dignity, or business reputation incurred in connection with the use of the services, or the inability to use them, or unauthorized access to communications third party seller.
10.5 Administration is not responsible to sellers, users, or third parties for:
• the quality of goods/services sold by sellers on the site, their delivery on time; • compliance of goods purchased through the site with the expectations and / or requirements of the buyer; • fulfillment by sellers of their obligations to deliver goods purchased through the site to buyers, return or replace them, etc.; • fulfillment of warranty obligations by sellers to buyers for goods purchased through the site; • compliance of the seller's activities in the sale of goods with the requirements of the laws of Austria and the European Union; • fulfillment by buyers of their obligations to pay for goods ordered from sellers.
10.6 Administration is not responsible for the actions of money transfer systems, payment systems and for delays associated with their work, and also does not control the movement of the seller's funds in financial institutions, the timing of receipt of funds on the balance.
10.7 The Administration has the right at any time unilaterally, without prior notice to the Customer and without explanation, to make changes and (or) additions to the Agreement;
Information about the changes and corrections made will be automatically sent to the email address. seller's mail. If you do not agree with such changes, you can terminate the contract, it will cease to be valid 7 calendar days after your letter;
10.8 Marketplace has the right to involve third parties in fulfilling its obligations under the Agreement and is liable to the Seller for the fulfillment of their obligations by them.