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NVbay TERMS OF USE
Introduction
Welcome to the NVbay website (hereafter referred to as
the "site"). Before using or registering on the site, please read
these Terms of Use carefully which form the basis and conditions upon which our
Website and Services are made available to you and constitute the content of
the NVbay contract you sign up for when registering as users or even when you
simply visit the Site or make any use of it.
These terms are governed by applicable Greek law, such
as consumer protection, e-commerce, personal data protection, intellectual and
industrial property rights, as well as the provisions of the European Community
and International law and are binding on the registered user or visitor who are
required to comply with them. Additionally, users / visitors are required to
use the content and services provided on the NVbay online platform in
accordance with applicable law, morality, and present terms, by refraining from
any action that may interfere with the ethos and personality of other users -
visitors or create problems in the proper operation of the NVbay online
platform.
In case you do not agree with part or all of these
Terms of Use, please cease your navigation on our Site or the use of our
Services, otherwise your stay on our Site or the use of our Services will involve
your explicit consent and acceptance of these Terms of Use.
CONDITIONS
In these Terms of Use, the following terms are defined
as follows:
Buyer: Any User who intends to make/or is making
a transaction of one or more items from the Site.
Products: All items which are in the
corresponding category at the site and their transaction is not prohibited by
law.
Basic Service: The site gives the opportunity to the
Users and Visitors, according to these Terms and Conditions of Use, to use it,
to upload Products to the appropriate Website Categories, to watch products and
participate directly in their purchase and sale of goods.
Additional Services: Any Additional Service
provided and posted by the Site that is not considered part of the Basic
Service may be subject to separate Terms and Conditions of Use.
Visitor: Any person not registered on the Site
who may use it in accordance with these Terms and Conditions of Use to the
extent that the Site does not require registration for such use.
Website: The NVbay Website, located at http //:
www.nvbay.com and consists of the Internet Virtual Platform along with the
Services Provided.
Social media: Social media such as Facebook,
Google+, Twitter, Pinterest, Youtube, Instagram, Snapchat, etc., provide
information on NVbay Services.
Personal Messages: The system for sending and
receiving personal messages can only be used by Registered Users only.
Seller: Any User who wishes to sell one or more
items that have been approved by NVbay.
Transaction: All actions which transfer the
ownership or the use of a Product by the Seller to the buyer after an agreement
via NVbay
User: Any registered member who has the right to
use the NVbay Services for selling or purchasing items without this being a
commercial activity.
NVbay: NVbay is a company. The headquarter office
is in 69 Poseidonos Avenue, Alimos, Greece.
WHAT IS NVbay - SERVICES
PROVIDED
NVbay is an online platform that has developed,
exploited and managed an internet site (nvbay.gr) to promote and display
Internet products. NVbay provides its registered Users, Business / Stores or
private individuals, the ability to post on the site and sell their own
products, but also the ability to purchase products from the categories on the
Website.
Any non-registered user will be able to view and use
only part of the Site's information or functions, that is to buy only products,
but will not be able to sell products. Non-registered users should in any case
also comply with the Terms and Conditions of Use. NVbay has no control over the
ownership, quality, authenticity and security of the products posted on the
Website. NVbay does not guarantee the identity, age and nationality of the
Users.
Nvbay checks all ads before publishing, but is not
responsible for any content posted by users, for example, texts, information,
photos, videos, etc.
NVbay allows its Users to engage in Online Transaction
Transactions as well as to evaluate public Sellers from whom they have
purchased a product. The registration on the NVbay Internet Virtual Platform is
free of charge.
NVbay charges a commission of 10% plus VAT on the
remitted price on products sold by Businesses / Stores. On new and second-hand
products sold by individuals, they charge a commission of 10% plus VAT
(currently 24%) in each Transaction, if successful. Extra charges may apply to seller, from Paypal fees. A transaction is
characterized as a successful one when the product has been shipped by the
seller to the buyer user and the second has informed NVbay that it has received
the product in the same condition as the ad.
Users of the Site cannot trade with each other by
skipping it. If NVbay administrators be awarded of such actions, NVbay will
initiate all legitimate actions to pay the agreed percentage of its brokerage
as explicitly stated in the Terms of Use. Finally, users who have done this
will be removed from the platform and excluded from future collaboration.
PRODUCT UPLOADING
When the Seller uploads an item, he/she must complete
a form in which he/she describes it as extensively as possible, indicating any
defects, clarifying whether it is accompanied by a certificate and indicating
the sale price of the Product.
Also, you should photograph the items by following the NVbay instructions and
upload at least four photos along with the Product description. It is forbidden
to upload pictures from the Internet. All must reflect the actual and complete
external appearance of the Product and reflect the existence of defects in the
Product, if they exist. The evaluation of the quality of the Product's
photograph is NVbay’s right to approve it or not. There is no limit to the number
of Products that a User can post on the Site. However, it is forbidden to post
the same product more than once.
If a seller posts an item he/she is considered to be the owner and he/she
confirms that the description of the Product is complete and accurate.
Uploading Products to the Website is free of charge.
Each user, after posting any object / product, agrees to wait up to 48 hours
for NVbay to examine and then accept or discard the object / product, always
informing the User accordingly.
EXCHANGE USER RATING
NVbay encourages all users to rate the users they've
transacted with.
Each User has the right to evaluate and write comments
for each User only if a Transaction has taken place between the two parties. In
any case, a User's comment should be fair, honest and respectful to the other
User. False and insulting comments or the disclosure of false information are
prohibited.
NVbay has the right to erase false, inaccurate or offensive comments from the
Website because they violate the Terms and Conditions of Use.
MODIFICATION OF THE SITE AND TERMS OF
USE
NVbay, through its administrators, reserves the sole
right to modify or modify these Terms and Conditions unilaterally at any time
without prior notice. We encourage you to regularly visit this page and review
these Terms and Conditions in order to know any review that binds you.
If NVbay acts in accordance with the foregoing, a
relevant publication will always be posted on this page indicating the date of
the last modification of the Terms and Conditions of Use of the Website. The
use of the Site following such changes constitutes an irrefutable presumption
of the unconditional acceptance by the visitor / user of the new Terms and
Conditions of Use. If you do not accept these Terms and Conditions, do not
enter or use the Site. It is your responsibility to check this page regularly
to see if any changes have been made to these Terms and Conditions. Any
modification of the Terms will apply directly to all Users and Visitors.
OBLIGATIONS AND RESPONSIBILITY
OF USERS AND NVbay
Users accept the following:
1)When they register on the Site they are obliged to
provide true information about themselves, including their real name, birth
year, gender, address, e-mail address, VAT number and bank account for NVbay to
transfer the money.
2)Not to use the Site or its Services to perform any
illegal activity,
3)Provide productive, accurate and detailed
information about the product.
Users and Visitors agree on the following:
1)They, will not post any information or data,
including electronic data such as files, programs, photographs and personal
messages (hereinafter referred as "Data") that are misleading or not
true
2) will not use Data that violates any patents,
trademarks, trade secrets, copyrights or other proprietary rights of third
parties.
3) will not display content that is contrary to law,
morality, is defamatory, offensive, or opposed to the constitutional concepts
of protecting life, honor, property, human value or violating the personal data
of others, or causing harm to a minor or constitutes the subjective or
objective nature of any offense, or affects the Democratic Peoples, the right
to religious freedom, the protection of minority groups, or promotes racism and
xenophobia.
4). will not display Data that includes viruses or
malicious software, other codes, files or programs that may compromise the
security of the Site and its Services or cause damage to the User or its
property or impede the use of the Site.
The user declares that he / she is responsible for
preserving the privacy of his / her account code and is fully responsible for
any activities that take place with that account. He/ She agrees to promptly
inform NVbay of any breach of his/she security on the Site and take care to
ensure that he / she leaves the account after each use of the Website. NVbay is
not responsible for any damage or loss resulting from its negligence or deceit
in relation to these obligations.
The user agrees not to add, remove or otherwise modify
the Content or seek to gain access to content that is not intended for him /
her.
NVbay is entitled to limit or discontinue the use of
any User or Visitor's website or even to deny any current or future use in the
event of a violation of the Terms of Use.
NVbay sends a notice in advance to Users or Visitors
if they:
1. violate or fail to comply with their obligations
under the Terms of Use, the Privacy Policy or the laws governing Greek law. In
any case of use unlawful or contrary to the Terms, users are obliged to
indemnify the Company for any positive and consequential damages. Any
non-exercise by the Company of its rights deriving from the Terms does not
imply a waiver of the Company's rights.
2. provided false, missing, and especially misleading
information when registering or using the Website.
3. used the identity of other Users or acted illegally
in some other way.
Partial blocking of access means that the User will
not be able to post items in the respective Entries. Total blocking of access
means that the User Account will have a full access ban. The User will not be
entitled to re-register on the Site.
NVbay has the right to withdraw illegal material, to
monitor the movement of Users and Visitors at any time, and accordingly, they
agree to this.
NVbay is entitled at any time to change the listings
as well as their description provided that such changes do not materially alter
the content of the information provided by the User but are intended to make
the use of the Site more appropriate or friendly to promote the purposes of the
Website.
NVbay is entitled at any time to unilaterally
terminate or suspend or transfer to third parties the operation of the Website
and will inform its Users thereof.
LIMITATION OF LIABILITY OF
NVbay
NVbay does not guarantee that the Site will operate
without any error or that the Site and the server will not have viruses or
other harmful content. To the fullest extent permitted by applicable law,
NVbay, its suppliers, or third parties who may refer to the Site for any
direct, indirect or consequential damages of any kind, including non-material
damage, cannot be held responsible , associated with or deriving from the Site
or from any use thereof or from any other website or other source to which the
Site is interconnected, referral or accessibility from this Site, or for use,
upload or access to any data, information, services, including but not limited
to, loss of income, loss of software, etc. NVbay does not provide any warranty,
either direct or indirect, that the Site and the Content will always be up to
date, secure, error-free, meet the user's requirements and that the results
resulting from their use will be reliable, accurate and without errors.
INTELLECTUAL PROPERTY RIGHTS
The content of
the Site, such as texts, graphics, images, trademarks, service marks, logos and
other material (hereafter "the Content"), is the intellectual
property of the Company and is protected by copyright protection with Greek and
foreign law. It is forbidden to reproduce the content of the Site for
commercial purposes and / or for non-personal use, conversion / copying /
renting / lending / transmitting and broadcasting without permission. Material
from the Site may not be sold or distributed in any other way for profit.
Unauthorized use of the Site Content is a violation of these provisions and
results in the consequences set forth in the Act.
APPLICABLE LAW AND
JURISDICTION
These Terms and Conditions of Use are governed by
Greek law, European Union law and relevant international treaties. For any
dispute arising between the NVbay and the User of the Website and not resolved
out of court, the competent courts are designated the competent Courts of
Athens. If any provision of these Terms and Conditions is declared void by the
competent court, the invalidity of such a provision shall not affect the
validity of the other provisions. The remaining Terms and Conditions of Use
will remain in full force and effect. These constitute the agreement between
you and NVbay regarding the use of the Website, its Services and its Content.
For any complaint, the User must submit it in writing
to NVbay via e-mail or fill out the contact form on the Website.
SHIPPING PRODUCTS
Εach user has the option to use a carrier of his/her
choice. NVbay cannot be held responsible for how the products are
shipped.
The shipping costs of the products are borne by the
buyer.
PAYMENT METHODS
For your purchases in NVbay you can use Paypal.
RETURN POLICY
When the sale is made with a Store / Business vendor the return policy will
be determined by the respective Store, which has contract with Nvbay. To upload
products, the Store/ Business vendor must post the conditions and return
policy.
In any case, however, it is advised to the sellers that they should comply
with the legislation in force at least as far as possible and any deviation
from the rules of European and national legislation, should always be in the
interest of the consumer.
First, the consumer has the right to withdraw without being obliged to
state the reason for the return of the product within 14 calendar days of the
delivery date. The consumer returns the product within 14 calendar days of the
day on which he notified the supplier for his decision to withdraw from the
contract.
The seller shall refund any payment received from the consumer without
undue delay and in any case within 14 calendar days from the day on which
he/she was informed of the consumer's decision to withdraw from the contract.
The seller is not obliged to refund additional delivery costs if the consumer
has explicitly chosen a delivery method other than the cheaper standard
delivery method offered by the seller. The seller makes a refund using the same
way of payment as the consumer used for the original transaction.
For the exercise of the right of withdrawal, the consumer must complete and
send a "return form" or other statement of withdrawal including the
receipt / invoice. The product should be returned to the proper condition in
which it has been received without its packaging being tampered and without its
special markings being removed.
Exceptions: The right of withdrawal does not apply to the following, but
not limited to:
(a) the sale of goods manufactured in accordance with consumer
specifications or personalized,
(b) the sale of goods which may deteriorate or expire soon,
(c) the sale of sealed goods which are not suitable for return for reasons
of health or hygiene and which have been unsealed after delivery,
(d) the sale of goods which are intertwined with other elements
(e) the sale of alcoholic beverages, the price of which has been agreed at
the time of the conclusion of the contract of sale, the delivery of which may
be affected only after 30 days and the actual price of which depends on
fluctuations in the market, it is possible for the supplier to check,
(f) the supply of sealed sound recordings or sealed video recordings or
sealed computer software that have been unsealed after delivery;
In any case, any such non-refundable product will be pre-posted with a
relevant indication that these products can’t be returned.
Furthermore, it is noted that under EU rules, the consumer is entitled to a
minimum of 2 years' guarantee without any charge. Thus, the seller is
responsible objectively and legally (legally binding) to the consumer for a
period of two years for any defect or lack of consensual property at the time
of receipt of the product by the consumer and the consumer has all rights from
existing provisions and laws on consumer contract of sale and protection. Under
these circumstances, the consumer is entitled to request in any order either:
a) the repair or replacement of the product; or b) the reduction of the price
paid or the fee; c) withdrawing from the contract by returning the product and
requesting the price which it had paid, since the defect is essential. As a
rule, refunds are requested only when repair or replacement of products is not
possible or appropriate.
However, when it comes to buying products from a private individual rather
than from a store/ Business vendor, the transaction is not covered by consumer
law. A "consumer transaction" is a transaction in which an individual
purchases product from a trader who acts in the course of his business,
commercial or professional activities, unlike the transaction between two
individuals. The status of consumers is different from that of two individuals
who deal with each other. When someone buys a product by a private individual,
he/ she has no right to withdraw from it, nor is covered by the legal
warranties provided for purchases made by professional sellers. In this case,
the buyer relies only on the information at his disposal at the time of
purchase. But if a product which he/she bought does not match its description,
he/she can return it and ask for the money to be returned.
In particularly, the buyer has 48 hours from receiving the product to
update the NVbay about the status of the product so that the platform
administrators immediately release the vendor's money. This service operates on
a 24-hour basis (24/7). If the buyer within this 48-hour period has not updated
the NVbay for the status of the purchased product, the NVbay administrators
presume that the product is in line with its description and proceed to release
the money and transfer it to the seller's account. If, within 48 hours of
receipt of the product, the NVbay administrators are informed that it is not in
the status advertised, the buyer will notify NVbay that he/she will return the
product to the seller.
If an objection is raised in terms of respect to the existence of defects
in private-seller or unresponsiveness of the product in the described
situation, the buyer bears is the only responsible to prove of any defects that
are not mentioned in the description or non-response to the original
description, as relies. In this case, NVbay may require from the buyer to prove
it by sending photos or any other supporting material. If the photographs
testify the unresponsiveness of the product advertised in the state, the
product is returned to the seller, and then the money is transferred back to
the buyer's account and NVbay has in this case no profitability.
Return costs will be charged to the buyer, unless otherwise specified by
the private seller.