T&C Appendix 3: Marketplace

Access and Use: Access to and use of the https://automa.net site is provided by AUTOMA.NET sp. z o. o., company registration number: 0000897058, address: Małopolska 1/203, 35-620, Rzeszów, Poland. The site is subject to the following Terms and Conditions.

Acceptance of Terms: By signing and submitting the “Supplier Agreement”, you acknowledge that you have read, understood, and agree to be bound by the Terms and Conditions of Automa.Net. This signed agreement constitutes your acceptance of the terms.

Introduction

These Marketplace Terms and Conditions govern the use of the marketplace features on Automa.Net, operated by Automa.Net Sp. z o.o. By accessing or using our marketplace, you agree to comply with these terms. If you do not agree, please refrain from using our marketplace.

§ 1 Definitions

For these Terms and Conditions, the following terms shall have the meanings assigned to them:

  1. Supplier: A User who has an active account and is authorized to sell products on the Automa.Net marketplace.
  2. Buyer: A User who purchases products from the Automa.Net marketplace.
  3. Marketplace: The online platform operated by Automa.Net where products are listed for sale and transactions occur between Suppliers and Buyers.
  4. Goods: Any products or services offered for sale on the Automa.Net marketplace.
  5. Transaction: The process of buying and selling Goods through the Automa.Net marketplace.

§ 2 Marketplace Structure

Transactions conducted on the Automa.Net marketplace occur directly between Buyers and Suppliers. Automa.Net serves solely as a platform provider and does not act as a party to these transactions. Therefore, Automa.Net is not responsible for any issues related to order fulfilment, product quality, or any other matters arising from the agreements entered into by Buyers and Suppliers.

§ 3 Payment Processing

To facilitate transactions on the Automa.Net marketplace, each Supplier is required to activate and onboard with designated Payment Service Providers. This process is necessary for Suppliers to offer their products via the marketplace. Automa.Net collaborates with several payment processors to ensure secure and efficient transaction handling.

§ 4 Supplier Responsibilities

Suppliers are fully responsible for the following:

  1. Product Quality: Ensuring that all Goods listed on the marketplace meet applicable quality and safety standards.
  2. Order Fulfillment: Managing the complete order fulfilment process, including timely shipping and delivery of Goods as specified in the Agreement.
  3. Customer Service: Providing effective customer service, including timely responses to inquiries and handling any claims made by Buyers.
  4. Legal Compliance: Complying with all applicable laws and regulations regarding the sale of Goods, including consumer protection laws and intellectual property rights.
  5. Returns and Refunds: Adhering to the platform’s return and refund policies, processing returns and issuing refunds as necessary.

§ 5 Dispute Resolution and Return Process

  1. Direct Communication: In the event of a dispute, Buyers are encouraged to communicate directly with the Supplier regarding any issues related to the purchase. This includes discussions about product quality, fulfilment, and any concerns that may arise.

  2. Claiming a Refund: Buyers who wish to initiate a return or claim a refund must indicate their intent through the Automa.Net portal by clicking the “Refund” option or by sending an email to [email protected] within 14 days of receiving the Goods.

  3. Return Conditions: Returns are permitted only under the following circumstances:

    • The item is faulty.
    • The item is not as described in the product listing.
    • The item was damaged during shipping.
    • The item is unsuitable for its intended purpose, provided that this was communicated to the Supplier before purchase.
    • The Buyer ordered the wrong item. In this case, a restocking fee will be applied.

  4. Restocking Fee: Each Supplier may have their restocking fee, which will be displayed on the product page in the purchase condition section. This fee will be deducted from any refund issued for returns initiated due to ordering errors.

  5. Order Cancellation: Buyers are allowed to cancel their orders within 24 hours or until the product has been shipped, whichever comes first. To cancel an order, the Buyer must indicate their intent through the Automa.Net portal or by sending an email to [email protected].

    • 5.1 Refund of Funds: If a Buyer cancels an order within the specified timeframe, the Marketplace will process a full refund of the Funds (representing the price) without any additional fees charged to the Buyer or Supplier.
    • 5.2 Payment Processor Fees: In cases where payment was made via online card, any applicable payment processor fees may still be deducted from the total refund amount

  6. Cost of Shipping for Faulty Items: If the return is due to shipping issues deemed faulty because of the Supplier, including but not limited to the reasons outlined in § 5.3 (incorrect packaging, failure to meet shipping standards), the Supplier shall cover the cost of return shipping.

  7. Incoterms: It is important to note that any Incoterms agreed upon during the purchase process may dictate the responsibilities of each party regarding shipping. For example, if a product is damaged during shipping, the liability for such damage will depend on the chosen Incoterms, which clarify whether the Buyer or Supplier bears the responsibility.

  8. Mediation Role: Automa.Net will act as a mediator if disputes arise between Buyers and Suppliers regarding returns and refunds, ensuring that both parties adhere to the agreements made.

§ 6 Warranty Clauses

  1. Business Transactions: For purchases made by business users, the warranty period for material defects is provided by the Supplier and may vary between 30 days and 3 years from the delivery of the product. The warranty period is clearly labelled on each product purchased. Buyers must inspect the Goods immediately upon delivery and report any defects within seven (7) working days. If a defect is found, the Buyer must notify the Supplier promptly to initiate a return.
  2. Return Process: Buyers may initiate a return within 14 days if the product is faulty, not as described, or ordered incorrectly. Suppliers must handle their return policies according to the agreements made.

§ 7 Commission Fee Adjustment on Returns

In the event of a return, Automa.Net reserves the right to retain a portion of the Supplier’s commission fee charged for the sale of Goods. This decision will be made on a case-by-case basis, depending on the circumstances surrounding the return.

§ 8 Export Control and Incoterms

  1. Export Restrictions: Suppliers are prohibited from exporting products purchased through the Automa.Net marketplace to countries or individuals where such export is restricted or prohibited by law. This includes compliance with economic sanctions and embargoes imposed by the European Union, the United Nations, and other relevant authorities.
  2. Incoterms: Any Incoterms agreed upon during the purchase process may dictate the responsibilities of each party regarding shipping. For example, if a product is damaged during shipping, the liability for such damage will depend on the chosen Incoterms.

§ 9 Data Privacy

Suppliers’ and Buyers’ personal data will be handled following applicable data protection laws, including GDPR. Automa.Net commits to protecting the privacy of all users and will not disclose personal data without consent unless required by law.

§ 10 Liability Limitations

  1. Supplier Responsibility: Suppliers are solely responsible for the Goods they sell on the Automa.Net marketplace. This includes issuing invoices, handling customer claims, and ensuring compliance with applicable laws and regulations. Automa.Net is not liable for any claims or issues arising from the sale of products by Suppliers.
  2. Limitations of Liability: Automa.Net shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use of the marketplace or the sale of Goods by Suppliers. This limitation applies to any claims related to product defects, misrepresentations, or any other issues arising from transactions conducted through the marketplace.

§ 11 Dispute Resolution

In the event of a dispute, the parties agree to seek resolution through direct communication. If the issue is not resolved, Automa.Net may step in to mediate the situation.

§ 12 Final Provisions

  1. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with Polish law.
  2. Jurisdiction: Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the Polish courts located in Rzeszów.
  3. Severability: If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
  4. Amendments: Automa.Net reserves the right to amend these Terms and Conditions at any time. Changes will be effective immediately upon posting on the platform. Users will be notified of any significant changes via email.
  5. Entire Agreement: These Terms and Conditions constitute the entire agreement between the parties concerning the subject matter herein and supersede all prior agreements or understandings, whether written or oral.