Catalog

PUBLIC OFFER AGREEMENT OF THE VIN VINO MARKET TRADING PLATFORM

This document is an offer from FN Fusion B.V. (hereinafter referred to as the "Company") to Internet users registered on the website VinVino Market (hereinafter referred to as the "Users") to conclude a framework agreement for the provision of services (hereinafter referred to as the "Agreement") on the conditions specified below (hereinafter referred to as the "Offer").


1. SUBJECT OF THE AGREEMENT


1.1. The Agreement defines the general terms of the obligations arising between the Company and the Users when the Company provides services of an advertising, information and technical nature, which can be further specified by the parties, on the basis of the Agreement, entering into separate agreements (transactions) for the provision of services on the website VinVino Market and/or other sites (hereinafter referred to as the "Site") on which the Company provides services.

1.2. The Agreement to be concluded is an agreement with open terms. The essential conditions of each service transaction made on the Site are formed online individually for the User using the web interface on the Site, through which the User selects the service and its parameters, the parties agree on the terms of the transaction.


2. CONCLUSION OF THE AGREEMENT. ORDERING SERVICES


2.1. This Offer is considered accepted by the User, and the Agreement between the Company and the User is concluded, from the moment the User pays for the services under the relevant transaction (in this case, it is made simultaneously with the conclusion of the Agreement) or from the moment an advance payment is made to pay for the services ordered in the future. The terms of the concluded Agreement apply to all subsequent transactions of the User. The Agreement can only be concluded with a User who is a capable legal entity or an individual entrepreneur registered in accordance with the procedure established by law in the territory of registration of a legal entity.

2.2.Each order by the User of specific services under the Agreement is an independent deal for the provision of advertising or information technology services on the Site. The deal can be concluded in relation to the services presented on the Site and available for ordering and payment at the time the User contacts a particular service of the Site.

2.3.Payment for the order is recognized as the User's acceptance of the offer to conclude a transaction on the terms agreed by the parties.

2.4.Registration by the User of each order of services is carried out in accordance with the terms of the relevant service and the current version of the Offer posted on the Site at the time of ordering services. The order is placed online.

2.5. The User agrees that the fact of performing certain actions on the Site, including using professional technical tools, autoloading, executing commands through the interface elements of the Site (pressing buttons, clicking), making a payment and other similar actions, means the will of the User in relation to the order and/or activation of services in accordance with the parameters of services and their price indicated on the Site.


3. GENERAL SERVICE CONDITIONS


3.1. Services of an information technology nature, which are the subject of individual transactions made in pursuance of the Agreement (hereinafter referred to as the “Services”), are additional functionality of the Site (in addition to the basic functionality regulated by the Terms of Use), which are offered for a fee and exclusively within the framework of this Offer Agreement, Terms of Use, Rules for placing ads, Terms of the promotion service and paid ad placement that ensure its operation, including as online bulletin boards for products independently posted by users of the Site (hereinafter referred to as the "Site Rules").

3.2. The condition for the User to receive the Services of the Company is their payment and compliance by the User with the Site Rules established in the documents below, as well as in the instructions and explanations provided in the Site interface:

3.2.1 Terms of Use (hereinafter referred to as the "Terms of Use");

3.2.2 Terms of the service for promoting ads on VinVino Market and Terms of paid services for placing ads" (hereinafter referred to as the "Terms of Service");

3.2.3 Rules for placing ads (hereinafter - "Requirements for ads");

3.3. The obligations of the Company to provide the Services according to the User's orders are counter to the User's obligations to comply with the Site Rules and pay for the Services. In the event that the User fails to fulfill these obligations, the Company, acting on the basis of the powers provided for by the laws of the Kingdom of the Netherlands, may suspend or refuse to provide the Services in the relevant part.

3.4. The Company provides the User with the Services if it is possible to provide them, which is determined, among other things, by the User's compliance with the Site Rules established for them. In connection with the purpose of the Site Rules as regulating the behavior of users of the Site, without observance of which its normal functioning as an online bulletin board for goods, services and other offers is impossible, the User understands that non-compliance with the Site Rules may lead to the impossibility of fulfilling the obligations of the Company to provide appropriate Services.

3.5. Due to the nature of the Services offered by the Company, aimed at meeting the individual needs of Users for the promotion of goods, works, services and other offers, under the Agreement, the Company does not assume the obligation to provide the Services to each person who contacts it and may refuse to provide the Services to the User if their provision does not comply with the Rules of the site, including its subject matter, categories, policies, etc.

3.6. Some Services on the Site may be available only to certain categories of Users, for example, professional Users who use the Site to carry out their business activities.

3.7. The conditions for the provision of specific Services under the Agreement, including their content, scope and terms are determined in the relevant conditions on the Site, the rules and requirements presented in the Site interface.

3.8. The Services provided on the Site may be changed, supplemented, updated, and therefore their use is offered in the "as is" mode, that is, in the form and to the extent that they are provided by the Company at the time the Users access the Site services.

3.9. The Company has the right to send the User, using the contact details available in his personal account on the Site, notifications related to the execution of this Agreement or any of the transactions concluded under the Agreement, including notifications about the status of the provision of the Service, methods of renewal and other informational messages, via SMS and/or by email.

3.10. When using the Services, the User undertakes to comply with the requirements of the current legislation of the Kingdom of the Netherlands, the provisions of the Agreement, the relevant terms of the selected service, the Site Rules, as well as the instructions provided in the Site interface.

3.11. At the request of the Company, the User is obliged to provide information and documents necessary to identify the User as a party to the Agreement in the event that the User sends applications, requests and other requests to the Company in connection with the provision of Services on the Site. In addition, the Company has the right to independently verify the User as a party to the Agreement by verifying the details specified by the User in his personal account on the Website with the details of the payer under the Agreement.

3.12. Actions performed using the User's login and password are recognized by the parties as committed by the User and having the force of a simple electronic signature.


4. COST OF SERVICES AND PROCEDURE OF PAYMENTS


4.1. The cost of the Service chosen by the User when concluding a transaction under the Agreement is determined based on its characteristics (type of Service, composition of the Service package and other parameters) and is reported to the User in different currencies, but linked to the currency of the country of registration of the user through the user interface on the Site upon completion of the order , unless otherwise provided by the terms of the respective service. Payment for the Services is carried out at prices valid at the time of payment.

4.2. The User can pay for the Services using one of the methods presented in the interface on the Site at the time of ordering the Services, including at the expense of the previously transferred advance payment. The choice and use of the payment method for the Services is made by the User at his own discretion from among those offered on the Site at the time of payment.

4.3. The Company provides the User with information about all payments made by the User on the Site using a special information and analytical section in the User's personal account on the Site.

4.4. The order of the Services must be paid in full by one payment method. Payment for one order at the same time in different ways is not provided.

4.5. As part of incentive events or in other cases, at the sole decision of the Company, bonuses may be provided to the User. The use of bonuses is carried out in the form of providing a discount on the cost of services when paying for them. The User does not receive the cash equivalent of the bonuses provided by the Company. The holding of such incentive events and the conditions for providing bonuses and/or prizes are governed by special rules on the Site.

4.6. The fact of providing the User with the Services on the Site and their volume are determined based on the statistical data of the Company's accounting system.

4.7. If the Company does not receive written reasoned objections from the User regarding the Services rendered within 5 (five) days from the date of completion of the provision of these Services, they are considered to be provided by the Company properly and accepted by the User in full.

4.8. Responsibility for receiving any documents (including messages, notifications) lies with the User. The Company is not responsible for the delay or non-receipt by the User of messages, notifications, etc., if this was the result of a malfunction of communication systems, action/inaction of providers, telecom operators, loss of access to the User's personal account or other circumstances beyond the control of the Company.

4.9. The User is solely responsible for the correctness of the User's data specified in the personal account. In the event of a change in the details of the User, he is obliged to immediately make the appropriate changes in his personal account, and if it is impossible to independently change such data, notify the Company of such changes in the form established by the Company with an attachment, at the request of the Company, confirming the changes of documents.

4.10. The Company has the right to check the correctness of the details of the User specified in the personal account by checking with the data contained in the unified state register of legal entities (individual entrepreneurs) and, if there are discrepancies, correct the relevant data using the TIN specified by him as the User's identifier.


5. RESPONSIBILITY


5.1. The Company undertakes to make all reasonable efforts for the proper provision of the Services, however, it does not respond and does not compensate for the losses of the User if the User cannot use the Services for the following reasons:

  • technological malfunctions of public communication channels through which the Services are accessed, the User's loss of access to the Internet for any reason, errors, omissions, interruptions in operation or data transmission, communication line defects and other technical failures;
  • unauthorized interference with the operation of the Site by third parties, including hacker, DDoS attacks, actions of virus programs and other violations of the Site.
  • loss by the User of access to the personal account, including if there are signs of its unauthorized use;
  • in cases falling under the definition of force majeure circumstances.
  • 5.2. In case of causing losses to the User through the fault of the Company, liability is determined in the manner prescribed by applicable law. At the same time, the liability of the Company is determined in an amount not exceeding the cost of the Service ordered and paid by the User, but not received through the fault of the Company of the Service or, if applicable, in an amount not exceeding the balance of the User at the time of infliction of losses and only in the event that the User loses part or all of the amount of money funds on the balance sheet.

    5.3. The Company is not liable to the User for losses incurred by the User through no fault of the Company, including in connection with the violation by the User of the Site Rules.

    5.4. The User is informed and agrees that some of the operations, including (but not limited to) operations for accepting payment for the Services provided, are not controlled and monitored by the Company personally or through third parties, the Company is not responsible for the transfer and/or receipt of the User's funds in payment for the Services. Security, confidentiality, as well as other conditions for using the payment methods chosen by the User are determined by agreements between the User and the relevant organizations.

    5.5. The User is responsible for any actions performed using the User's login/password on the Site, email address, phone number (including for the actions of employees and third parties), as well as the safety of his/her login/password and for losses that may arise due to unauthorized use of the User's personal account and a simple electronic signature.

    5.6. In case of theft/loss of the login or password, the User independently takes the necessary measures to change the password to access the personal account and/or Services. The Company is not responsible for the actions of third parties that resulted in the theft/loss of the User's login or password, as well as any costs, damages and/or lost profits incurred by the User in connection with unauthorized access of third parties to the User's personal account.

    5.7. The Company does not guarantee that the services on the Site will meet the User's expectations and that the User will receive a response from visitors to the ads posted by him in connection with the receipt of the Services on the Site.


    6. CONSIDERATION OF CLAIMS


    6.1. All disputes and disagreements that may arise between the Company and the User and arising from this Agreement or in connection with it, will be resolved through negotiations. If it is impossible to reach an agreement on disputed issues through negotiations within 30 (thirty) calendar days from the receipt of a written claim, disputes are resolved in court in accordance with the current legislation of the Kingdom of the Netherlands.


    7. OTHER CONDITIONS


    7.1. The Agreement comes into force from the moment of its conclusion in the manner specified in section 2 of the Offer and is valid for an indefinite period until its termination in accordance with the Agreement and the law.

    7.2. The Company has the right to change and/or supplement the terms of the Offer to the extent permitted by applicable law, as well as withdraw the Offer at any time. The date of the change of the Offer is the date of publication on the Website of the new version of the Offer. The User must familiarize himself with the current version of the Offer posted on the Site, and with the terms of each transaction before entering into the Agreement and making the transaction.

    7.3. Ordering the Services and making a transaction by the User under the Agreement after the amendments to the Offer come into force means that the parties have agreed to make the relevant changes and/or additions to the Agreement. Such changes in the Agreement do not apply to the Services ordered and paid for by the User earlier, before the changes in the Offer come into force.

    7.4. The Company has the right to terminate the Agreement in the manner prescribed by applicable law, with notification of the User through the Site interface, by e-mail or otherwise.

    7.5. The Agreement may be terminated ahead of schedule at the initiative of the User. Upon termination of the Agreement, the User has the right to apply to the Company for a refund of the unused balance of funds in the amount of his balance, excluding bonuses provided to the User.

    7.6. The Agreement represents all the terms and conditions agreed between the Parties with respect to its subject matter, and supersedes all previous agreements, assurances and agreements of any kind between the Parties with respect to its subject matter, unless otherwise expressly agreed by the Parties.


    8. COMPANY DETAILS


    FN Fusion B.V.
    Address: P.F. von Sieboldlaan, 1431KG, AALSMEER, NL
    Bank details: Revolut Bank UAB
    IBAN: LT743250082723544169
    BIC: REVOLT21
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