TERMS AND CONDITIONS FOR VENDORS: STARDEALING
Welcome to Stardealing. The Stardealing Terms and Conditions applies to all Services provided through www.stardealing.com Gold King incorporated in Belgian Law as private limited liability company (bvba/sprl), with registered office at 2018 Antwerp, Vestingstraat 46, Belgium, registered with the CBE under number 0544.854.047 (hereinafter: “Website” / “Stardealing” or “Stardealing.com”)
You understand and agree Stardealing is a Website encompassing a Marketplace which merely provides hosting services to its Registered Vendors and persons browsing/visiting the Website. All items advertised/listed and the contents therein are advertised and listed by Registered Vendors and are third party Vendor generated contents. Stardealing.com neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Stardealing.com has no control over the third party Vendor generated contents. Vendors can offer, sell and buy a number of items including, but not limited to jewelry (silver and gold), stones, gold bars, gold coins, silver bars, silver coins and watches at low prices and from various locations. Accessing the site and using it binds you in a legal contract to follow terms and conditions. The Website is only a hosting venue through which Vendors can reach a larger base to buy and sell items or services. Stardealing.com is only providing a platform for communication and it is agreed that the contract for sale of any of the items or services shall be a strictly bipartite contract between the Seller and the Winning bidder/buyer.
The contract for sale entered into through transactions/sale and purchase is directly between the seller and buyer (bipartite contract) and the liabilities of the same shall solely lie upon the seller and the buyer and not Stardealing.com. The terms and conditions of the Vendor agreement is a legal contract between you and Stardealing for access to and use of the Website and marketplace located at www.stardealing.com (the Website).
CLICKING THE ACCEPT BUTTON UPON REGISTRATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS (WITH THE DOCUMENTS REFERRED TO THEREIN) AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY TERM IN THIS VENDOR AGREEMENT, DO NOT CONTINUE TO ACCESS AND USE THIS WEBSITE.
1. AMENDMENTS, ADDITIONS, MODIFICATIONS & NEW TERMS
1. Changes to Site and Marketplace: Stardealing.com shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, services, items, content, hours of availability, and equipment needed for access or use.
2. Amendment of Terms: Stardealing.com reserves their rights to amend/add to/modify/delete or impose any new conditions for the use of the Website to these Terms and Conditions from time to time. You should check these Terms regularly as the current Terms at the time of use of the Website and/or entering into a Contract with us. The terms and conditions as changed and amended from time to time shall be binding for you. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Continued usage of Website after such notification states and implies an acceptance and if any Vendor disagrees with any such change, addition, modification, amendment, they shall discontinue the use of the Website immediately.
1. In order to perform any activities as a Vendor on Stardealing.com, you are obliged to register on the website by filling in the registration form on the Website with your personal information as stipulated in article 2.2 and 2.3 .
2. Registration procedure
To register to Stardealing's platform you should go through the following steps:
If registering as buyer you should fill in your:
-first and last name
-security question and answer
-accepting that everything that is sold is second handed
-If you have a VAT number, you are required to add this VAT number
-after finishing all steps click on register and you will be in a new page. On that page you should enter your details
At the end, click 'apply to be vendor'
After following all these steps your status will be updated to 'request to be vendor'.
We will now check all your information and if it is ok we will update your roll to 'vendor' as soon as possible.
NOTE: IF YOU DO NOT CLICK ON THE LAST 'APPLY TO BE VENDOR' BUTTON, STARDEALING WILL NOT BE ABLE TO KNOW THAT YOU ARE WILLING TO BE A VENDOR.
Uploading pictures and documents:
If you are applying as a vendor you will be required to upload you ID/ password on 'my account' http://stardealing.com/my-account/
1. The following documents are required after registering with a VAT number.
1)Document stating the location of the place of business as for example an electricity bill / water bill / phone bill which would confirm the existence of the shop at that geographical location. The following details must be clearly visible: address, name of the shop/company, and the document shall be dated recently. The contents of the bill may be covered if required.
2)Proof of ownership of the objects the Vendor wants to offer on Stardealing. In this case it is important that your name, details of the supplier, the item and the quantity are clearly legible. Documents that satisfy as proof of ownership of an object include: An invoice OR an agreement with the supplier OR proof of delivery
3) Pending Vendor: If the formalities of registration as a vendor is pending, the Vendor’s status will be mentioned as ‘pending vendor’, It will remain this way until all the formalities have been fulfilled.
All of the points mentioned above are mandatory procedures and approval of Stardealing will be given only after the compliance of the above required formalities for registering as a vendor or a consumer.
3. The specific personal information provided must be correct, truthful and accurate. Any attempts to mislead and provide false information may lead to the termination of your account and may even result in banning you from further registration on the website. You guarantee that you have the right to use and provide us the names and email submitted. The requirements for being a registered member are:
1. The Compulsory data: Specific Personal Data Requirements
The Name, E-mail address, Address, Country, Telephone Number, Gender, Security Question and the Payment Method Details. Other information can be edited and added later to the account profile, as well as any other identification information required by our policies or that we may request from time to time. Address will not be publicly visible, only upon a purchase of an item the seller will have an opportunity to view the address.
2. The Vendor should provide all the compulsory detail i.e. The Name, E-mail address, Address, Country, Telephone Number, Gender, Security Question as well as any other identification information required by our policies or that we may request from time to time. In addition to the above the other mandatory requirements include a valid photo ID or passport which must be sent to Stardealing at the earliest after such registration is made. The Vendor must make sure that the Photo ID or passport is clear and legible, all the details provided by the vendor are also mentioned in the ID card. The Vendor should provide a VAT number; without the VAT number the account would not be treated as a vendor account but merely as a consumer account. The Vendor can only sell after all mandatory compliances are complied with.
The Vendors will be asked to stipulate whether they sell second-hand goods or new Products/Goods, and if they sell as a professional vendor.
Professional Vendors have to stipulate that they are in compliance with the national and international regulations eg: the consumer laws (book VI WER) and the laws concerning VAT. If the Goods are sold as new Products the Vendor is obliged to give a 2-year warranty on the purchased Goods. During this period and within the legal limits, the Vendor provides the free replacement or repair of Goods showing a defect covered by the statutory warranty.
In order to become a Registered Member, you should agree to the Terms and Conditions and all terms and agreements incorporated in this Agreement and other policies of Stardealing.com.
4. Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this Vendor Agreement and you have the authority to bind that business entity to this Vendor Agreement.
5. Updating: Any information which requires updating for example and address change, company name change, etc. shall be updated and kept accurate at the earliest by the Vendor. It is necessary at all times to keep the information accurate.
3. REGISTERED MEMBERS
1. The Website is a Virtual Marketplace that allows the registered members to purchase and sell items and services. The items and services are offered. The items are available at both fixed prices and auction prices. You can choose between auction and fixed price. The Website is a hosting Website which provides a platform to buyers and sellers. The Website operates as an online marketplace that enables Members to view and purchase items and services. Except for certain circumstances, each item available on the Website is offered for a defined and limited period of time determined by the Website and/or the Seller and, in case of an auction, is sold to the Member who proposed the highest purchase price during that limited selling period.
2. Being a registered member is a necessity to perform any transaction. Only registered members at the Website may participate in the Marketplace.
1. ACCOUNT PASSWORD AND VENDORNAME
The account password and Vendor name are personal to the Vendor. The Vendor is not allowed to share this information with anyone. In the registration process (after signing up) the Vendor will choose a Vendor name and password. The responsibility for any action performed with the help of the account will be strictly upon the Vendor. The Vendor is responsible solely for maintaining the confidentiality of that password and for restricting any unauthorized access to your computer and account on the Website. You agree that you are solely responsible for all activities that occur under your Vendor name and password. All other actions performed like sending messages and other usage of the Website by Vendor will also be linked to this account and the responsibility will be on the Vendor.
The Vendorname should not contain links to an email, url addresses, third party websites. Symbols except numbers, letters, dots, asterisks, dashes and slashes., the letter s and e after a number, Stabbing an underscore _, hyphen -, or point. at the beginning or the end of a Vendorname, Consecutive underscores __., name as a brand (example: cartiersaler) are all forbidden and will be refused/deleted
2. ONLY ONE ACCOUNT PER VENDOR
4.2.1. Stardealing.com allows only ‘one’ account per registered Vendor. The right to use Stardealing.com is personal to Subscriber and is not transferable to any other person or entity.
4.2.2. The registered Vendor is not allowed to use third parties identities, proxy’s,… and/or more than one Vendor name.
4.2.3. The account is created strictly for the registered Vendor alone. The registered Vendor in not allowed to share this account with third parties.
3. PROHIBITED CONTENT/OBJECT/ITEM
1. The Website reserves the right to delete any prohibited object or content if
(the person will be notified and warned to remove the object). The content will be deleted and the account can be removed if the Website deems necessary.
2. Examples of prohibited content:
Content that refers to hate or violence.
Graphic violence and images of victims of violence
Curses and inappropriate language
Racial, religious or sexual intolerance, or advocacy against any individual, group, or organization.
Pornography, adult, and mature content and content with naked or sexually material
Hacking / cracking content.
Illicit drugs and drug paraphernalia.
Gambling or casino related content.
Related to weapons or ammunition.
Sales or promotion of prescription drugs.
Any other content that is illegal, promotes illegal activity, or infringes on the legal rights of others. (INCLUDED IN PROHIBITED CONTENT/OBJECT/ITEM)
3. COUNTERFEIT AND STOLEN ITEMS are strictly prohibited on the Website and
any Vendor offering to sell such item or be found to be selling or offering to sell such an item shall be solely responsible for the arising consequences and legal actions which may be taken against such Vendor by the authorities. The Website may remove the account and ban further activity or take the necessary action so required against such Vendor. If Stardealing.com reasonably suspects that the item added by the Vendor in ‘adding an item’ is a stolen item they may refuse the publication of the item on the Website, reject it and delete your object and/or content. The Website will inculcate vigilant and cautious efforts but the Vendor shall solely be responsible for the illegal item. The Vendor hence should preferably provide an identification (indication) number or the certificate for brands for exclusive items.
4. No links pertaining to any third party website should be posted on the
5. Stardealing believes that the greatest experience and utilization of the
Marketplace can be achieved by proper discipline, dependable items and accurate information and hence it is a requirement that every Vendor adheres strictly to the rules.
6. The cost for refused/rejected/deleted items is non-refundable. Stardealing
reserves the right to terminate/ ban accounts permanently or for a short time period. If the account is banned permanently, all the items posted online would be deleted with the cost being non-refundable, for a short time period the account and the items will become invisible but still remain in the server.
5. VOIDABLE CONTENT/ITEMS
1. Stardealing reserves the right to change/edit/modify the content, change/edit/modify the details of your object if
• An unusually high or exorbitant amount has been quoted for an object.
• Names of celebrities, brand names, fake promotional information is used as a Keyword when it has nothing to do with the product You are selling. Unless officially affiliated.
2. No Vendor shall impersonate another Vendor or any other person while using the account. Spamming for commercial purposes are not to be made while posting on the website. Don’t post private information, like private email addresses, credit card numbers, addresses, telephone numbers, or photographs of people without their consent until and unless required for the purposes of delivery and sale.
6. USAGE OF THE WEBSITE
1. HOSTING WEBSITE: You understand and agree that Stardealing.com and the Website merely provides hosting services to its Registered Vendors and persons browsing/visiting the Website. All items advertised/listed and the contents therein are advertised and listed by Registered Vendors. Stardealing.com neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Stardealing.com is never part of the purchase agreement between the Seller and the Buyer.
FOLLOWING BINDING PRINCIPLES GOVERN THE USE OF THE WEBSITE AND ARE TO BE FOLLOWED MANDATORILY AND STRICTLY:
a. The Vendor is solely responsible for any information shared during the process of bidding, buying, selling, on any publicly accessible area of the Website or through the messaging (e-mail) feature integrated in the Website. Stardealing.com is only a passive channel for interaction of the Buyer and the Seller and publishes the certain information only for limited purposes.
b. Items which should not be sold (including the prohibited items); the Vendor shall not display, upload, modify, publish, transmit, update or share/list any information or item that:
• the ownership of the item does not belong to the Vendor selling or listing or offering to sell such item;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing.
• is harmful to minors in any way;
• infringes any intellectual property rights patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy. The Vendornames should not contain the names of any celebrities, brands etc.
• shall not be fraudulent or involve the sale of counterfeit or stolen items; Shall not be false and inaccurate.
• violates any law for the time being in force.
• deceives or misleads the addressee/ Vendors about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel-bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
• threatens the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
• not to attempt to offer, directly or indirectly offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
• no liability should be created or cause us to lose, in whole or in part, the services of our Internet Service Providers or other suppliers; and
• shall not link directly or indirectly to or include descriptions of items, goods or services that: are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum bid amount; are listed for sale on a Website other than the Website concurrently; Links to any third party websites.
d. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or items. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or items of any description that you wish to offer for sale on the Website
e. In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this Vendor Agreement or applicable law comes to your knowledge, you shall take all steps to inform Stardealing.com of the same.
2. Fair and safe use of the Website
By Registration and use of the Website, the Vendor undertakes to:
• Use the Website in accordance with these Terms and Conditions
• Behave as a responsible and careful Vendor;
• Not act in any way that could harm stardealing.com;
• Not be registered on the Website under different Vendor’s names;
• Give information as Vendor that is accurate, up-to-date and complete;
• Not use the identity of a third party or entity or use a fake personal or company name;
• Not use a Vendor’s name / password that does not belong to him;
• Make sure as far as possible to keep his Vendor’s name / password / code secret and make sure that they are not used by third parties;
• Immediately notify stardealing.com in case of any abuse of his Vendor’s name / password / code;
• Notify immediately stardealing.com in case of any breach, even if only potential, of the security of their Account or third parties’ rights:
• Not infringe, copy, spread, sell, give to third parties or use the security measures established by the Website
• Never disturb the access or working of the computer structure of the Website;
• Protect in an adequate way his data’s, software, computer processing or telecom against viruses and other similar risks, including computer hacking.
3. If Stardealing.com is unable to verify or authenticate any information you provide; or If
it is believed that your actions may cause legal liability for you, other Vendors or Stardealing.com. Stardealing.com may at any time at its sole discretion reinstate suspended Vendors. A Vendor that has been suspended or blocked may not register or attempt to register with Stardealing.com or use the Website in any manner whatsoever until such time that such Vendor is reinstated by Stardealing.com. Notwithstanding the foregoing, if you breach the Vendor Agreement or the documents it incorporates by reference, Stardealing.com reserves the right to recover any amounts due and owing by you to Stardealing.com and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
7. Complaint Procedure
If you got any complains about the website or with a client/seller you can see at the footer 'complains' there you should write down your details and we would like to help you as soon as possible (approx. 3 working days)
OR go to the link http://stardealing.com/complains/
8. UNLESS OTHERWISE STATED, ALL PRICES ARE IN EURO. HEREBY, YOU AGREE TO RECEIVE STARDEALING.COM INVOICES ELECTRONICALLY.
You are liable for all taxes, fees and commissions resulting from the use of our services and our Website. Stardealing.com disclaims any liability with respect to taxes on transactions made on the Site. Whether you are a legal entity (company) or physical (individual), and you are the Buyer or Seller, VAT may be applicable to your transaction, especially if you're selling the objects evenly. If appropriate, you may be subject to the payment of other taxes and social charges. You expressly acknowledge and agree that the VAT and other taxes and charges may apply to your situation.
8.1 INTERNATIONAL CLIENTS
International clients are required to adhere to the taxation, import and export laws, any other taxes, specific to their countries, the seller and the buyer must decide how those cost would be bore and by whom. The Website does not have any liability to pay these import and export duties and the sole liability lies on the seller and the buyer.
VENDORS ARE REQUIRED TO ADHERE TO THE TAXATION, IMPORT AND EXPORT LAWS, ANY OTHER TAXES, SPECIFIC TO THEIR COUNTRIES, THE SELLER AND THE BUYER MUST DECIDE HOW THOSE COST WOULD BE BORE AND BY WHOM. THE WEBSITEDOES NOT HAVE ANY LIABILITY TO PAY THESE IMPORT AND EXPORT DUTIES AND THE SOLE LIABILITY LIES ON THE SELLER AND THE BUYER.
In the event you import objects in one country that are coming from a different country after you have bought or sold on the Website, you are responsible for making sure that the import meets the relevant national legislation of the country of export and country of import. This legislation is often complicated and may vary problems, depending on the object and the countries in which the buyer and seller live
In general, most objects can be imported freely within the European Union. However, you should always check the local laws applicable to each specific object you want to import and/or export. In some countries, for example the export of certain cultural and antique objects is limited as these are considered as part of the national heritage.
If you want to import and/or export objects, you can determine best what local laws apply. Here are some reasons to consult the relevant legislation before importing objects:
a. Customs can intercept the object at the border and take, and you can be fined or can be liable in any other way because of the seizure.
b. You may be held legally liable by the owners of trademarks, copyright or other rights that may be applicable.
c. You may be held civilly or criminally liable in a different way, depending on the particular type of object.
d. Your offer may be ended early by Stardealing.com and / or may suspend your account.
8.3 THE MARKETPLACE IS SOLELY FOR INTERACTION PURPOSES. THE WEBSITE ONLY PROVIDES A PLATFORM FOR THE MEETING AND INTERACTION OF SELLERS AND BUYERS AND IS NOT PARTY TO THE DEALS UNDERTAKEN FURTHER. STARDEALING.COM IS NOT AND CANNOT BE A PARTY TO OR CONTROL IN ANY MANNER ANY TRANSACTION BETWEEN TWO VENDORS OF THE WEBSITE.
a. Contractual and commercial transactions are done on the terms agreed to between the Buyer and the Seller alone. The terms include limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, certification of authenticity, warranties related to items and after sales services related to Items. Stardealing.com does not interfere or become party to the terms of the agreement and transaction the Website does not control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.
b. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Vendors that you transact with. Stardealing.com would not be responsible for any breach of contract entered into by the Vendors. Stardealing.com does not give any guarantee that the transactions would be performed. Stardealing.com shall not and is not required to mediate or resolve any dispute or disagreement between Vendors.
c. No representation is made by Stardealing.com and/or no Warranty is provided as to the specifications of the items for example quality, certification to authenticity, worth, marketability, etc. which are proposed to be sold or offered to be sold or purchased on the Website. Stardealing.com does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Stardealing.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
d. You are advised to independently verify the bona fides of any particular Vendor that you choose to deal with on the Website and use your best judgment in that behalf. Stardealing.com is not liable and does not provide warranty regarding the legal title, creditworthiness, identity of any of its Vendors.
e. Stardealing.com does not claim any rights or withhold thereof the title of any items and does not at any time during the transaction come into possession of any items nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer. No rights, titles or interest over the items vest with Stardealing.com nor shall Stardealing.com have any obligations or liabilities in respect of such contract. Stardealing.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
f. You release and indemnify Stardealing.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Stardealing.com cannot control the information provided by other Vendors, which is made available on the Website. You may find other Vendor's information to be offensive, harmful, inaccurate, or deceptive.
Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
9. Intellectual property
1. Our Website, logos, texts, photographs, names, and in general all our communications
are protected by intellectual property rights either belonging to us or our suppliers or other claimants.
2. It is forbidden to use and/or change any of the intellectual property rights as described in
the present clause. So you may not copy nor reproduce for example drawings, photographs names, texts, logos, colour combinations, etc. ...without our prior written and explicit consent.
3. By posting an item and/or picture on the Website you give Stardealing.com the right to
use this item and/or picture on her mainpage as well as for any commercial use.
4. Stardealling.com respect the intellectual property rights of others, and we demand our
Vendors to do the same. The Vendor guarantees that all text, images, photo’s, etc belong to him/her or that she has the permission of the rightful owner to use this certain elements.
5. The Vendors shall hold Stardealing.com harmless against any claims lodged against the
Vendor on the basis of any infringement or alleged infringement of any intellectual property right. In case Stardealing.com incurs any damage due to the infringement or alleged infringement of the intellectual property rights of a third party, the Vendor shall compensate Stardealing.com.
10. Force Majeure
Stardealing.com cannot be held liable of not fulfilling its obligations, delay or non- performance, if such is obstructed by force majeure. Force majeure includes but is not limited to Network-failure, natural calamities, situation of war, terrorism activities, power failures, ban on the Website by the concerned government, situations beyond reasonable control.
11. YOU AGREE TO COMPLY WITH ALL NATIONAL, EUROPEAN AND INTERNATIONAL LAWS REGARDING THE USE OF OUR SERVICES AND YOUR ACTIVITIES REGARDING THE AUCTIONEERING, PURCHASE AND SALE OF GOODS ON THE SITE.
You expressly acknowledge and agree that use of our services by you can lead a trader to qualification within the meaning of the law. If you are a trader, you are subject to certain specific obligations, such as registration in the commercial register, the keeping of accounts in accordance with applicable rules, payment of VAT and other applicable taxes as well provisions of the law on insolvency. Also, as a trader, or more generally if you use the site as a professional seller, you must comply with the regulations on billing and distance selling and the broader the set of rules of law consumption.
PRODUCT SOLD The buyer can provide a feedback of the overall services through a star-rating and the same should be maintained by all sellers to get and receive more positive responses.
• The commission goes automatically to Stardealing.com. The commission is directly deducted or has to be paid immediately to Stardealing.com or strict action may be taken against a seller including but not limited to a legal action.
• If payment is not made by the Buyer within 4 working days, the Buyer should be contacted on Stardealing.com.
• If problems arise due to one payment method an alternative method should be utilized.
• It is strictly forbidden to sell a product to yourself or to your family or to bid on your own product. Such violation will result in strict and severe actions.
• It is strictly forbidden to ask other people to bid on your product with the only intention to make the price of the bidding go higher. Such violation will result in strict and severe actions.
Stardealing.com reserves all rights to contact buyers through phones, emails, via other media. We can contact the buyer and ask him to pay the seller.
12. PAYMENT Payment by buyers can be made through Paypal or bank transfer. All payments are made directly between buyer and seller. Stardealing.com does not accept or receive any payment for orders placed by a buyer from a seller.
Sellers will receive an invoice/receipt by Stardealing.com for Stardealing.com’s commission on sales immediately following each individual sale.
Stardealing.com’s invoices/receipts are payable upon 7 days. Delayed payments will give rise automatically and without prior formal notice to an interest of 7% and a damage compensation of 10% of the invoice/receipt amount with a minimum of 150 euro.
13. STARS (FEEDBACK) The Website values your feedback. The star rating of the Vendor on the Website would help the buyers determine the best seller. The higher the star rating the more trusted the seller. As the name of the company is ‘Stardealing’ we are working with stars. Stars shall indicate hassle free deliveries, professional behavior, friendly approach and shipping time and quality of items.
14. NO AGENCY None of the provisions of the Vendor Agreement shall be deemed to constitute a partnership or agency between you and Stardealing.com and you shall have no authority to bind Stardealing.com in any manner whatsoever.
15. NO WARRANTIES THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. STARDEALING.COM MAKEs ANY OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
a. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
b. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
c. THAT THE INFORMATION, CONTENT, MATERIALS, OR ITEMS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF FIXED PRICE SALE OR AUCTION LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;
d. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
e. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF STARDEALING.COM TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, STARDEALING.COM DISCLAIM ANY AND ALL SUCH WARRANTIES.
16. GENERAL RELEASE BECAUSE STARDEALING.COM IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE STARDEALING.COM (AND THEIR RESPECTIVE AGENTS AND EMPLOYEES) FROM 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.
17. INDEMNITY/LIMITATION OF LIABILITY.
The Website is used by the Vendor at their own risk and content is made available to them with general cautious monitoring. Stardealing.com and all our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents and organisations disclaim any warranty of infringement and all warranties that are implied pertaining to any action of buying and selling undertaken on the website.
a. INDEMNITY AND DEFENSE You will defend, indemnify and hold harmless Stardealing.com, and each of their affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Seller’s Agreement; or (ii) your own Website or other sales channels, the items you sell, any content you provide, the advertisement, offer, sale or return of any items you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any items you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
b. LIMITATION OF LIABILITY STARDEALING.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY AGREEMENT, THE SITE, THE SERVICES, THE TRANSACTION PROCESSING SERVICE, THE INABILITY TO USE THE SERVICES OR THE TRANSACTION PROCESSING SERVICE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
c. Stardealing.com pays close attention and care to the content of the Website. This content is however prone to amendments, can always be removed and is made available to its Vendors without any explicit or implicit guarantees regarding its correctness. Stardealing.com is neither liable for the damages caused by the use of the content of its Website, regardless of the fact that it seems accurate or not, nor for the damages caused by use or circulation of its content.
Stardealing.com makes every effort in order to provide access to its Website 24 hours a day, 7 days a week. Regarding the technical features of smartphones, computers, websites and the internet, and the necessity of periodic maintenance, update and upgrade, Stardealing.com cannot guarantee an uninterrupted access to its Website. Stardealing.com will make every effort to remedy the reasonable cases of discontinuance or suspension of the access as soon as possible. Therefore the access, availability,… of the Website is only an obligation for the Website to use its best effort but can never be seen as an obligation to produce results. The Vendor recognises and accepts that the Stardealing.com platform can never be perfect or 100% free of deficiencies and that no all deficiencies will or can be remedied.
Such discontinuance or suspension can be caused by technical problems such as but not limited to a server crash or an error, bug or virus causing problems with the Website. They are specific to the providing of this kind of services and will not be assimilated to failure in regard of stardealing.com. They will lead in no way to penalty or compensation as regards stardealing.com. Nor can stardealing.com held liable for any consequences or direct or indirect damages caused to third parties or Vendors by any aspect of the Service, irrespective of the reason.
The Websites of third parties to which the Website occasionally refers are not managed, hosted or maintained by stardealing.com. stardealing.com is not liable for the content of these sites, for the links referring to them or for the amendments and updates made on them.
stardealing.com does not offer warranty, explicit or implied, and cannot be held liable for the safety of the Content or for any theft or loss of or damage to the Content. The Vendor should always provide proper back up at his own responsibility and expense.
The Website does not provide any guarantees that the usage of the Website would be secure, uninterrupted and error-free. No guarantee is undertaken that source of contents is accurate or reliable. Also, no guarantee pertaining to definitive results is given.
In the extent permitted by Belgian Law, Stardealing.com will not be liable for indirect damage, lost profit, loss of economy, loss of goodwill, damage due to corporate stagnation, damage resulting from claims by (other) Sellers and/or Buyers, corruption of loss of data, consequential damage, … even if stardealing.com has been notified of the possibility of such damage arising.
Stardealing.com will under no circumstance be responsible for any damage of any kind suffered by the Vendor(s) in relation to the Website being temporarily not, not correctly or not completely available.
Vulnerability of your system is solely your responsibility and any content downloaded or accessed which may contain or download bugs, Trojan horses, trackers, key-loggers or other malwares which may harm the computer and Stardealing.com would not be responsible for the same.
Stardealing.com is not the agent of Seller and is not the agent of Buyer for any purpose, Stardealing.com and its employees and affiliates will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction. Stardealing.com urges Sellers and Buyers to cooperate with each other to resolve such disputes.
In the event of dispute between buyer and seller, Stardealing.com may decide, at its own discretion, to pass contact details of byer to seller and/or vice-versa.
19. APPLICABLE LAW
The Terms and Conditions are exclusively subject to Belgian law.
Any disputes arising concerning the Website or this Terms and Conditions shall be submitted solely to the competent courts of Antwerp.
20. YOUR GRANT
You represent and warrant that you own or otherwise control all of the rights to the content you submit to Stardealing.com and its affiliates, and that the use of such materials by Stardealing.com and its affiliates will not infringe upon or violate the rights of any third party.
Stardealing.com, in its sole discretion, may terminate access to the Site or the Services, or any current fixed price sales immediately without notice for any reason. Stardealing.com, in its sole discretion, also may prohibit any Seller from listing items for fixed price sales or auctions.
22. GENERAL PROVISIONS
a. Entire Agreement This Seller’s Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy and Terms and Conditions, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
b. Severability If any provision of this Seller’s Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
c. No Waiver Stardealing.com does not waive any of its rights or remedies described in this Seller’s Agreement unless the waiver is in writing and signed by the relevant party. No delay or omission by Stardealing.com in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Stardealing.com's failure to enforce the strict performance of any provision of this Seller’s Agreement will not constitute a waiver of either party's right to subsequently enforce such provision or any other provisions of this Seller’s Agreement.
23. CONTACT US
Vestingstraat 46 2018 Antwerpen
VAT BE 0544.854.047