Terms of use
The following sets out the terms on which Ales Patrick Krivanek ("Administrator") offers you access to the Oregon Sunstone Marketplace site (“Site”) and its services. By submitting the registration form you accept the terms and conditions below.
Before proceeding to use our services, you should read the Terms of Use carefully. If you find yourself unable to agree to them, then you must not use the Site. If, however, you agree to them unconditionally you will be given the opportunity to click the “I accept” checkbox during the registration process, and you will then be able to use the Site to which this Terms of Use applies.
This Agreement may be amended by Administrator at any time by posting the amended terms on this Site. The amended terms shall automatically be effective 7 days after they are initially posted on the Site. As such, you should periodically check to see what amendments have been made to this Agreement. Your continued use of the Site or the services provided on the Site following the posting of any amendments will mean that you accept these amendments.
1. DEFINITIONS
1.1 Definition of words and phrases.
In this Agreement, the following words and expressions shall have the following meanings:
“Buyer” means a person who places an order with a Seller for an Item pursuant to this Agreement.
“Add to cart” means a feature that lets a buyer purchase an Item immediately for a price set by the Seller.
“Checkout” means a restricted area of the Site which provides a facility for a Buyer to inform a Seller of their transaction details.
“Item” means a good or service offered for sale at the Site pursuant to this Agreement.
“Seller” means a person offering an Item for sale at the Site pursuant to this Agreement.
“Services” means the online shopping platform and all other services offered by Administrator at the Site.
“User” means as a User of the Site, including but not limited to its registered users and Buyers and Sellers, and unless the context requires otherwise included you.
2. Formation of Contract
2.1 In order that a legally binding contract can be formed between Administrator and a registered user, the registered user is required to accept this Terms of Use unconditionally by clicking the “By registering, you agree to the Terms of use and Privacy policy” checkbox during the registration process.
2.2 Administrator in its absolute discretion reserves the right to refuse, suspend or cancel the registration of any registered user without notice.
2.3 This Terms of Use shall override any contrary terms or conditions published by Administrator or appearing on this Site pertaining to registered users.
2.4 In consideration of Administrator agreeing to your use of the Site, you agree to comply with this Terms of Use.
3. Services
3.1 Availability. Any person wishing to use the Services as a Seller or Buyer must first register. Registration is free.
3.2 Registration. You may become a registered user by supplying all the requisite information to Administrator and you are required to accept this Terms of Use unconditionally by clicking the “By registering, you agree to the Terms of use and Privacy policy” checkbox during the registration process.
4. Eligibility for Registration
4.1 You may only register if you can form a legally binding contract that is enforceable against you. For example, you must be older than or at 18 years old. By registering you warrant that you can form a legally binding contract. Further, your account of Oregon Sunstone Marketplace, User ID and Password may not be transferred or sold to another party.
4.2 When registering, ensure your User ID is not abusive, illegal, indecent, obscene, offensive, racist or threatening in any way and not in breach of any of Administrator policies or rules.
4.3 No email / URL in User ID you may not register a User ID that is or represents an email address or a web site address (URL).
5. Fees, Payments & Refunds
5.1 Upon sale of an Item, the Seller will be charged a sale fee in accordance with Administrator‘s fee schedule.
5.2 Administrator reserves the right to change the fees charged for any of its services at any time. In the event that Administrator introduces a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
5.3 All fees are exclusive of GST and in USA dollars, unless otherwise stated in this Terms of Use.
5.4 Before listing an Item, you should review Administrator fees to ensure you are aware of the fees you will incur.
5.5 Returned items must be 100% complete, contain ALL original boxes and packing materials, accessories and documentation provided by the seller. The customer is responsible for shipping charges on returned items. We strongly recommend that you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.
All returns and exchanges must be shipped within 7 days once we have been notified of any problems. Items will only be exchanged if they are returned with all of the original packaging materials and documentation
Administrator shall not be responsible for processing such requests.
6. Functions of Administrator
6.1 Oregon Sunstone Marketplace is a venue for registered users to sell or buy Items. Oregon Sunstone Markeplace is not a seller.
6.2 No warranty for goods offered. You acknowledge that Administrator does not see or examine Items that are listed for sale and has no control whatsoever on the actual quantity, quality, safety, legality or the fitness for any purpose of the Item. Administrator will not accept or assume any liability whatsoever in respect of the Item.
6.3 No warranty of completion of sale. You acknowledge that Administrator makes no representation as to the ownership of title in Items or as to the ability of either a Buyer or Seller to complete a transaction. Further, Administrator does not warrant to any party that any Seller or Buyer will complete the sale or purchase of any Item. All persons are urged to be aware of the risk of dealing with foreign nationals, underage persons or people acting under false pretence or persons having no contracting capacities.
6.4 No warranty of identity of persons. You acknowledge that Administrator cannot and does not confirm the identity of each User. You are therefore advised to be careful in dealing with other Users to avoid fraud. You are encouraged to communicate directly with such proper or competent authority or source for the purpose of evaluating the person with whom you are dealing. Administrator takes no responsibility for any action or omission of any User.
6.5 No warranty as to accuracy of information. You acknowledge that does not control the information provided by other Users which is made available through this Site. Administrator therefore makes no warranty as to the accuracy of any information provided by any person through the use of the Services.
6.6 Administrator does not accept responsibility for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with you use of the Site, nor does it accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.
6.7 Release of Administrator. In case of any dispute between Users or any dispute arising from the use of the Services, Administrator shall be released from all liabilities claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6.8 Costs of Administrator. If Administrator is required by you or by your order in any litigation in which you are involved whether under subpoena or order of the Court of any competent jurisdiction, including complying with any order for discovery or attending court for giving evidence, you shall bear all costs incurred by Administrator in connection with the provision of such service, including Administrator ‘s costs for taking legal or other professional advice or representation (in all such cases, the costs shall be calculated on an indemnity basis).
7. Provisions relating to sale
7.1 Your obligations as a Buyer. (a) If you issue a purchase, you must complete the transaction in the manner specified unless you have a good reason to suspect that the Seller is not who they purport to be. By purchase, you warrant and represent to the Seller that you have the legal right to enter into and complete the transaction. (b) You must pay to the Seller the Total price by some of the available payment method.
7.2 Your obligations as a Seller. If you are a Seller, you must ensure that the Item being offered for sale is accurately described and available. By listing an Item, you are making an irrevocable offer to sell at your price to the Buyer unless: i. you have good reason to suspect that the Buyer is not who they purport to be; or ii. the Buyer fails to meet the terms of payment as stipulated by you in your listing.
7.3 Method of delivery and payment. The method of delivery is based on the arrangements set by the Seller. The Item may not be collected by the Buyer or be delivered to the Buyer by Shipper, courier or other method specified by the Seller. Please refer to the Description and Shipping Instructions of the Item.
8. Provisions relating to Sellers
8.1. You shall not offer for sale any Item: (a) which you are not legally able to sell, or which you cannot sell to the Buyer free from all charges liens and encumbrances; (b) which is within Administrator rules or which is in contravention of any law or regulations governing the sale of the same; (c) the get-up, production and sale of which infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or any other form of property or proprietary rights, whether intellectual or otherwise; (d) which contains defamatory, trade libellous, unlawfully threatening or unlawfully harassing statements whether such statements be in the form of words, drawings, photographs, 3-dimensional representations or otherwise; (e) which is obscene or contains child pornography.
8.2. By offering the Item for sale on this Site, you, as Seller, are warranting and undertaking to Administrator and all Buyers that: (a) the information supplied by you is correct and accurate in all material respects and shall not (1) contain defamatory, trade libellous, unlawfully threatening or unlawfully harassing statements; (2) contain obscene material or child pornography and, if it contains any Adults Only material or element or is otherwise harmful to minors, it shall be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content; (3) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (4) contain any hyperlinks unless permitted by Administrator; (b) the Items offered by you are not within the Prohibited Item List; (c) you will not list or offer or sell any Item which, by paying to Administrator any Fees, could cause Administrator to violate any applicable law, statute, ordinance or regulation.
8.3. In using the Site, you must not create any link directly or indirectly to any website other than the Site: (a) that offers goods or services that are prohibited under this Agreement; (b) where that other website lists the exact Item that you propose to sell; (c) where that other website contains an offer to sell identical items to your Item that is listed for sale on the Oregon Sunstone Marketplace site, but are priced lower that your Item’s price; (d) that you do not otherwise have a right to link to or include.
9. Restricted Use
Unless Administrator agree otherwise in writing, you are provided with access to the only for your personal use. Without limiting the foregoing, you may not without Administrator ‘s written permission on-sell or otherwise on-transmit information obtained from this Site.
10. Rights of Administrator
10.1 Administrator has the right to suspend or terminate your account without any compensation if you have: (a) breached the Terms of Use set out in this agreement; or (b) by conviction, settlement, insurance or escrow investigation, or otherwise engaged in fraudulent activity in connection with this Site (c) offering to close the deal or closing a sale outside of the Oregon Sunstone Marketplace.
10.2 Rights as regards materials supplied by a User. Administrator shall have the absolute and unfettered right to reject or remove any information or materials supplied by you without notice or compensation. Without derogating from this right, Administrator shall have the right to reject or remove any information or materials supplied if Administrator shall consider (without having to assign any reason therefore) that the information or material, if published or continued to be published, would cause Administrator to incur any liability to third parties or would cause Administrator to be in breach of any law or regulations of any competent jurisdiction or rights of third parties.
10.3 Right to withdraw Item. Administrator shall have the absolute and unfettered right to not list any Item without notice or compensation to a Seller or prospective Buyer. Without limiting this right, Administrator shall have the right to withdraw an Item if: (a) the Item is within ‘s Prohibited Items List, (b) you are found to have breached the Terms of Use set out in this Agreement or your account is suspended by pursuant to the terms of this Agreement; (c) if is unable for any reason whatsoever to verify or authenticate any information provided by you; or (d) the Item is in breach of s Listing Policy.
11. Specific Warnings
11.1 You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.
11.2 You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you risk of viruses or other forms of interference which may damage your computer system.
11.3 Administrator does not warrant to you that the Services will be available at all times or at any specific times.
11.4 Administrator is not responsible in the event a transaction is not processed due to technical difficulties affecting the Oregon Sunstone Marketplace site and it’s extensions.
11.5 Administrator does not undertake to retain listings or to retain records of specific transactions.
11.6 Administrator is not responsible for ensuring that warranty obligations are honoured.
11.7 There is no contract of sale between Administrator and you, whether you are the Buyer or Seller. A contract of sale will be formed directly between the Buyer and the Seller. Administrator does not act as agent for either party.
12. Security of Information
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Administrator does not warrant to you and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to Administrator is transmitted at your own risk. Nevertheless, once Administrator receives your transmission, it will take reasonable steps to preserve the security of such information.
13. No Warranties
13.1 This Site is provided by Administrator on an “as-is” basis and the only obligations on Administrator are set out in this Agreement. You agree that Administrator will be under no liability to you in respect of any loss of damage (including any indirect or special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to the Services offered over this Site or in respect of a failure or omission on the part of a Seller to complete a sale. Administrator gives no warranty or condition, express or implied other than those expressly set out herein. Administrator does not warrant that the functions contained in this Site and the Services provided will be uninterrupted or error free, that defects will be corrected, or that this Site or its servers are free of viruses or other harmful components. Administrator does not warrant or make any representations regarding the use or the results of the use of this Site. Administrator specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of any rights (intellectual or otherwise) in respect of any Item.
13.2 The payment gateway and the ancillary payment processing facilities are provided to the you for convenience only and Administrator gives no warranty, expressed or implied, in connection with such facilities. Administrator will in no event be liable for any loss, damages, costs or expenses suffered or incurred by you arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting your credit card account, as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities.
14. Privacy
Oregon Sunstone Marketplace has a Privacy Policy which applies to all registered users and is incorporated into this Terms of Use by reference.
No information is shared with third parties.
15. Copyright
Copyright in this Site (including text, graphics, logos, icons, audiovisual material and software) is owned or licensed by Administrator. Other than for the purposes of and subject to the conditions described under the Copyright Act 1968 (C’th) and except as expressly authorised by these terms and conditions, you may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from, any content of the Site; or commercialise any information, products or services obtained from any part of this Site without Administrator‘s prior written permission.
16. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors’ fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
17. Miscellaneous
17.1 System Integrity. You must not: (a) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any item for sale being listed on this Site; (b) take any action which imposes an unreasonable or disproportionately large load on the infrastructure of this Site; (c) disclose or share your password to any third parties or use his/her password for any unauthorized purpose.
17.2 General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding his/her use of the Services and any listing, purchase and sale of the Item herein.
17.3 No Agency. Nothing herein contained shall constitute or create any relationship of agency, partnership, joint venture, employee/employer or franchiser/franchisee between Administrator and any Seller, Buyer or other Users of this Site or the Services.
17.4 Notices. Except as explicitly stated otherwise, any notices shall be given by way of email, and in respect of the User, notices shall be deemed given if sent to the email address provided by the User to Administrator during registration process or such other address as the User shall specify, or by posting such notices on this Site. Alternatively, Administrator may give notice to the User by pre-paid ordinary post to the address provided to Administrator during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.
17.5 Severability. Any provision of this Agreement prohibited by or unlawful or unenforceable under any applicable law actually applied by any court of competent jurisdiction shall, to the extent required by such law, be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement. Where, however, the provisions of any such applicable law may be waived, they are hereby waived by the parties hereto to the full extent permitted by such law to the end that this Agreement shall be valid, binding and enforceable in accordance with its terms.
17.6 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of these Terms of Use and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Administrator‘s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
17.7 Please do not assume that the practices or conduct of other Users that you observe is necessarily in conformance with their obligations under this Agreement or that you may act similarly. Administrator does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.
17.8 Administrator does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on Oregon Sunstone Marketplace. Please do not assume that such items offered will be harmless to people or property.
18. Governing Law and Jurisdiction
18.1 This Agreement is subject to International law.
18.2 Termination/Survival: This Agreement and/or your access to this site may be terminated by Administrator at any time without notice. Where this agreement is terminated, those clauses capable of surviving such termination shall do so.
Also see our Privacy policy