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Terms & Conditions

Web site MobileShop.eu is provided by Alliance Electronics s.r.o. Kremnická 24 Bratislava 851 01 Slovakia IN (ICO): 50 535 561 (hereinafter referred to as "MobileShop" or “platform”).  Site enables professional traders to offer their own products for sale to customers using the platform and in this way enter into direct contract with one another. Within this arrangement, MobileShop intervenes as a technical intermediary by providing the platform, but is not involved in the sales contract between professional trades and the customer.

The present terms and conditions (hereinafter "Terms and Conditions") regulate the legal relationship concluded between the trader and the buyer on the MobileShop’s platform.

These Terms and Conditions can be changed or modified at any time, without prior notice, by updating this posting. Any posted changes are effective immediately. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of this web site following the posting of changes will mean that you accept and agree to the changes.

I APPLICATION OF TERMS AND CONDITIONS

Your use and access of this platform and making a purchase, placing an order or otherwise shopping on the web site (collectively, the "Site") are governed by all terms related to these Terms and Conditions as well as the Privacy Policy, and any other rules and policies of the Site that may be published from time to time. Meanwhile, with regard to your purchases and transactions on the Site, the Terms and Conditions between you as a buyer and professional traders will be binding upon you. Therefore, we recommend that you read these Terms and Conditions and all relevant additional terms, conditions and information, including, but not limited to, the Privacy Policy, carefully.

If translation of the English language version of the Terms and Conditions is provided, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Site.

By accepting these Terms and Conditions through your use or access of the Site, you represent that you are (a) a person with full legal capacity and able to form a legally binding contract, or in case you do not have a full legal capacity, that you received a consent from your parents or any other legal representative and therefor you are bound by this Terms and Conditions and (b) permitted to receive any products. If you do not agree to (or cannot comply with) this Section, do not use this Site.

All billing and registration information provided on the Site must be truthful and accurate. Each User shall be solely responsible for the information and content posted on the Site. Providing untruthful or inaccurate information constitutes a breach of these Terms and Conditions and the User is responsible for all damages caused to professional traders, or to any other User or to any other third party.

All materials, including images, text, illustrations, designs, icons, photographs, programs and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site. The Contents on this Site may be used only as a purchasing resource. Any other use, including the reproduction (except as noted above), modification, distribution, transmission, republication, display, or performance, of the Contents on the Site, is strictly prohibited.

Platform can stop the operation of the Site or its part any time and can change the Content of the Site or its parts without any prior notice. The Site does not have to be available all the time. Platform has the right to maintain the Site and the User does not have any right for any compensation.

While accessing the Site, or using its services, you should not:

1   Post or transmit false, inaccurate, misleading, defamatory, or libellous Content

2   Violate any laws, regulations, good manners, third party rights, this Terms and Conditions or our policies, such as third party's intellectual property rights;

3   Fail to deliver payment for the products and items purchased by you;

4   Manipulate the billing process or fail to deliver the payment or fee;

5   Undermine the feedback or ratings systems;

6   Distribute spam, bulk electronic communications, chain letters, or pyramid schemes on the Site;

7   Distribute viruses or any other technologies that may harm the Site, or the interests or property of professional traders and other users;

8   use any automated means to access Site and collect any data from Site through automated means (included but not limited to harvesting bots, robots, spiders, scrapers or other automatic devices or programs) or if you cannot use framing techniques to enclose any of the data or content to the Site or otherwise affect the Site.

9   Otherwise incur any liability to the professional traders or platform.

MobileShop reserves the right to limit, terminate and deny the right to use or access the platform of any User for any reason whatsoever, including, but not limited to, infringing any third party's intellectual property right, breaching these Terms and Conditions, breaching the good manners, defame or affect or may affect the good name of platform in any means and/or incurring any liability to MobileShop. Each User hereby also agrees that in no event shall platform be liable to any User or any third party for any User's inability to use or access the Site.

III ACCOUNTS, PASSWORDS AND SECURITY

In order to make purchases the Site may require you to open an account (including setting up a ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify platform immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by platform, professional traders or any other user or visitor to the Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. MobileShop cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Each User represents warrants and agrees that (a) such information, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site, is true, accurate, current and complete, and (b) you will maintain and promptly (at least within  days after the change) amend all information to keep it true, accurate, current and complete.

IV SALES CONTRACT BETWEEN THE SELLER AND THE BUYER

MobileShop is not a party in the sales contract concluded directly between the seller and the buyer. The seller acknowledges that it is solely responsible for the performance of the sales contract concluded with the buyer. In this regard, MobileShop waives all liability.

The seller acknowledges and guarantees that it concludes the sales contract with the buyer and that in this respect it undertakes to comply with all the provisions of consumer law which apply in all the countries to which the seller delivers the products.

The seller undertakes to comply with the provisions relating, in particular, to the legal warranties or the exercise of the right of withdrawal.

The seller undertakes to provide the buyer on the platform with the information regarding products.

In any event, the seller guarantees that the products presented on the platform are available in stock and ready for shipment in the event of an order within the time limit indicated by the platform.

In the event of the display of an incorrect price on the platform the seller undertakes to contact the platform which will contact the buyers concerned within a period of 24 hours as of the alert, and reimburse the orders cancelled. In this event, MobileShop may not in any event be held responsible for the cancellations of orders.

V MANDATE FOR THE COLLECTION OF PAYMENTS

The seller gives express mandate to MobileShop to collect the prices of the products purchased by the buyer on the platform in its name and for its account. The sums thus collected do not bear interest.

The seller undertakes to issue an invoice to the buyer which complies with the regulations. The seller therefore remains fully liable for its obligations with respect to billing and its consequences with respect to tax matters and in particular Value Added Tax. If applicable, the seller undertakes to declare the tax collected when it is due and acknowledges the MobileShop may not in any event be held liable in this respect.

VI PURCHASING ON THE SITE

Ordering of a product by the buyer on the platform will follow the steps set forth below:

upon the confirmation of his order by a buyer, MobileShop, pursuant to the mandate entrusted to it in the conditions of Article five (V), will validate the payment made in the name of and for the account of the seller;

MobileShop reserves the right not to transmit to the trader any orders which are considered as fraudulent;

once the order has been placed on MobileShop.eu in the name of and for the account of the seller, MobileShop will recapitulate his order to the buyer by email;

once the order has been validated by MobileShop’s fraud prevention service, MobileShop will address to the seller in its account the details of the order to be processed;

in previous arrangement of delivery by the seller or platform, the seller undertakes to make the product available for dispatching in strict compliance with the deadlines announced on the platform.

VII FINANCIAL CONDITIONS

When you confirm a transaction on the Site, you agree to be bound by and pay for that transaction.

1   If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.

2   You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.

3   Even though we use terms like purchase, buy, sell, and order to talk about transactions related to Credits, you don't receive an ownership interest in those items.

4   Mobileshop, pursuant to a collection mandate granted by the trader, will validate the payment in the name of an on behalf of the trader. In addition, MobileShop can request additional identification and evidence of delivery address by email or by other means. These security measures are a testament to our willingness to protect customers against potential fraud. Until the additional identification requirements are fulfil the MobileShop does not have the duty to dispatch the order. In case the condition of additional identification of the User is not fulfilled within next 15 days the MobileShop is entitles to cancel the order. General terms of payments to MobileShop are the following: (Special terms of payments can be mentioned in writing)

                            Bank transfer

                            Payment through PayPal

                            COD (Cash on Delivery)

                            Credit Card

Not all payment methods are available for all products that are sold on our website.

The payment by credit card and cash on delivery are restricted to a certain total amount, so those might not be available for higher amounts.

The credit card option is available only from an IP address coming from an EU country.

The payment on delivery can be complete only with cash, cannot be made by check.

If you choose Bank Transfer as your payment method, MobileShop gives you unique payment instructions for your order. Once we receive the payment, which typically takes two to three business days from the time you place the order, the order is approved. If your payment takes more time than three business days, you are obliged to send as a proof of the payment so your order does not get cancelled for not providing the payment. Also the product can be sold out during the time between placing the order and receiving the payment by MobileShop.

In case the payment  (when choosing Bank transfer, PayPal od Credit Card) is not at the bank account of the MobileShop within next 5 days after placing the order, it means that the User cancelled the order and does not want anymore the order to be delivered.

The goods will be delivered within 30 days after the payment is received by MobileShop or in case of choosing COD 30 days after the order was placed. MobileShop nor trader is responsible for delays of the transportation or for delays due to the not correct address of the User.

VIII LIST OF AVAILABLE PRODUCTS

The products presented by the trader on the platform are real new and available in stock.

Product availability is updated on a daily basis.

The buyer will be able to check the current availability for a particular product in the moment of placing an order (this will be the most recent information – quantities will be updated on a daily basis).

The trader acknowledges and guarantees that it does not present for sale on the platform products which are prohibited in accordance with applicable legal provisions or whose sale is subject to specific regulations.

MobileShop reserves the possibility to refuse the sale of a product which does not correspond to the nomenclature of the products sold on the platform.

IX SHIPPING – DELIVERY – DELIVERY EXPENSES

MobileShop is an official partner of UPS, GLS, TNT and DPD – the world's largest shipping companies. The shipments will be charged to trader according to the current and valid charges and fees of these professional Courier companies.

Upon receiving the product, the supervision whether the delivered product fully corresponds with the ordered is solely the buyer’s responsibility.

The buyer is obliged to check the content of the package and the condition of the goods on delivery, in order to report possible faults or damages of the ordered products and the packaging itself to the courier. In case the Buyer has any comments or thinks the content was damaged during the transportation he is obliged to report this to the courier immediately when signing the transport document. MobileShop nor seller is to be held responsible for any damage caused by the transporter. The Buyer is obliged to enforce the potential damage from the transporter and/or Courier writing the note in the transport documents signed right after the delivery. Further complaints will not be taken into consideration.

In case of any damages, missing content or a part of an order, the buyer is obliged to write everything clearly in an email and send it to warranty@mobileshop.eu within the 48 hours after the delivery.

From the moment when the parcel leaves the warehouse, MobileShop and the trader cannot be held responsible for the delivery time, damages and/or other circumstances that may occur during the transport process.

MobileShop offers a possibility to the buyer to insure the entire shipment until it arrives to your address.

Information about the estimating delivery time can be found on the Site when ordering. The estimated delivery time is only informative and not binding. MobileShop delivers all orders within the next 30 days after MobileShop receives the payment or in case of COD payment after the order is placed.

MobileShop and trader will try in cases when the payment gets confirmed until CET 12 AM that the order will be processed the same day. Estimated delivery time of ordered products is calculated from the moment when the preparation of the package starts. Preparation of orders is conducted from Monday to Friday.

In case that the ordered product was by chance marked as available but it is actually out of stock, delivery time is extended and MobileShop gives a possibility to the buyer to delete or cancel their order.

Every shipment is delivered to the address specified by the buyer when placing an order. MobileShop reserves the right to ask for a proof of address in order to prevent frauds or abuses of any type. Before sending the relevant proof the MobileShop will not start with the preparation of the order and in case when the relevant proof is not provided within next 5 days after the request, the order will be automatically cancelled.

Upon reception of the package the buyer is obligated to make sure that there are no damages on the package. Otherwise, he is responsible to make a written record with his complaint at transportation company office within the time defined by law.

From the moment when a product leaves the warehouse, the risk is transferred to the other party defined with this contract. MobileShop is not responsible for any delays occurred during the delivery of products. In this case the buyer has the right to terminate or cancel the order, however he may accept the new terms of delivery, but in no case does he have the right to demand compensation or interest or money refund for any delays.

In the case that the ordered product is not delivered within the specified time period, MobileShop has to start an investigation with a transport company that was responsible for delivering the shipment. During this period MobileShop will not make any decisions regarding to this specific customer order.

X SELLER’S GUARANTEES

The seller guarantees the conformity of the products with the applicable regulations, the conformity of the sale offer, the conformity of the after sales service, that it is authorised to sell the products, that the products are authorised for sale and are not encumbered with any third-party rights and that it holds all the intellectual property rights on the elements stored on the platform and that it has all the necessary authorisations in view of their dissemination.

In the event of a dispute between the seller and a buyer, MobileShop as intermediary will intervene so the conflict is settle as soon as possible with the commitment to fair play and respect for all parties involved.

XI RECLAMATION POLICY

For using benefits of Reclamation Policy buyer is obligated to contact Mobileshop support centre in written form and follow the given instructions. Products returned without previous consultation with customer support will be returned to buyer on his own expense. The products buyer wants to return must be received by Mobileshop within thirty (30) days from the date the package was delivered to buyer.

DOA reclamation

In case of dead on arrival (DOA) you have the right to return goods within a period of 3 days. Product is considered as DOA if it shows symptoms of a hardware failure, preventing basic operability, upon its first use after unpacking the product from the box. If you believe that your product is DOA, please contact MobileShop support centre within next 24 hours of the delivery of the package. MobileShop support centre will provide you the shipping instructions to return the product to us immediately, in the same condition in which you receive it, and at your own cost and risk. After receiving MobileShop will determine whether the product is DOA and offer you one of the following options:

1   Replacement: The same product that you ordered will be shipped to you at trader’s expense. Also, MobileShop will cover customers returning costs up to 20 Euros shipping.

2   Refund: you will be refunded completely including return shipping (excluding insurance). Return shipping costs are refundable up to 20 Euros.

Quality of product reclamation        

If you are making reclamation concerning the quality of the product (problems with display, slots, hardware buttons, etc.) within next 14 calendar days after the delivery of the Product, you are obligated to contact Mobileshop support centre in written form. MobileShop support centre will provide you the shipping instructions to return the product to us immediately, in the same condition in which you receive it, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. You are responsible for all damages which will occur on the Product. The return package should include all package content and written details of the reason for return. After receiving the Product Mobileshop will determine condition of the product and offer you one of the following options:

1   Replacement: The same product that you ordered will be shipped to you at trader’s expense. Also, MobileShop will cover customers returning costs up to 20 Euros shipping.

2   Refund: you will be refunded completely including return shipping (excluding insurance). Return shipping costs are refundable up to 20 Euros.

3   Service: you will be forwarded to the closest service centre (official brand service, official Mobileshop service or other). The service will be provided free of charge.

Delivered product reclamation

If you are making reclamation for receiving different product model than ordered, do not open nor use the delivered product. In that case contact MobileShop support centre within next 3 calendar days from delivery of the product. You are obligated to contact MobileShop support centre in written form. MobileShop support centre will provide you the shipping instructions to return the product to us immediately, in the same condition in which you receive it, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. You are responsible for all damages which will occur on the Product. The return package should include all package content and written details of the reason for return. MobileShop support centre after receiving will offer you the following options:

1   Replacement: The product that you ordered will be shipped to you at trader’s expense. Also, MobileShop will cover customers returning costs up to 20 Euros shipping.

2   Refund: you will be refunded completely including return shipping (excluding insurance). Return shipping costs are refundable up to 20 Euros.

This policy is not applicable in case where customer is responsible for misinterpretation of official information or when package is opened and used despite obvious misplacement. In this case, customer will be treated by Return policy.

Refunds for orders paid by Cash On Delivery are strictly made through PayPal accounts. However, the cost of COD service is nonrefundable for all types of reclamation.

If all of these conditions are not fulfilled, MobileShop will not accept your reclamation.

XII RETURN POLICY

For using benefits of Return Policy buyer is obligated to contact Mobileshop support centre in written form and follow the given instructions. Customer support will inform buyer about the procedure and correct postal address for returning. Products returned without previous consultation with customer support will be returned to buyer on his own expense.

In the case of returns, customer is responsible for returning the product to us in its original condition and for postal costs or other costs incurred when returning the product.

You are obliged to return the goods to us in the same condition, not used, and original package as they arrived (for example: headphones, cables, instructions etc.) without changed references and product serial numbers, and to take reasonable care ensuring that the goods are received by us and are not damaged in transit. Labels and all text on the labels as well as stamps from producers must be intact. You are responsible for all damages which occur on the product until the product is received by MobileShop. If you fail to comply with this obligation, we may have a right of action against you for compensation.

You have the right to return the goods, or replace it with another product within 14 days from delivery of the product. If the ordered product is returned in identical (undamaged condition) MobileShop will refund a full amount of the purchase price to you. Open, used or products in impaired condition will be assessed additionally. Depending on their condition the refund will be proportionally reduced. Trader tries to describe all products as accurately as possible. MobileShop cannot guarantee that all data given on the product description are 100% accurate, complete, reliable and error free. For any questions about products that you are interested in, please contact our customer service in order to avoid any misconceptions (about colours, package content, languages, network coverage, etc.). If you purchased a product and it still deviates from desired, you have possibility to return the product but in unused condition and with written reason for returning the device within package. In this case MobileShop will refund money to all its customers in the value of returned equipment but without shipping costs in both ways – this is customer’s responsibility.

Mobileshop reserves the right to make refunds within 30 days from receiving the returned item.

XIII WARRANTY

Products sold through the Site are classified into two warranty categories:

EU-WARRANTY – 12- 24 months of "manufacturer warranty" (depend of manufacturer)

In the European Union, with original invoice you are entitled for one/two year(s) service in an authorized service centre. In a case of improper functioning of the product or malfunction, product is sent directly to the authorized service centre.

If an authorized service centre refuses to accept a product on service, product will be sent back to you at your own expense.

SELLER WARRANTY – 24 months of free warranty provided by seller.

Seller Warranty is warranty provided due to some limitations in warranty of manufacturer or others limitations. Warranty itself is guarantee for all possible hardware failure, preventing basic operability within 24 months. Seller Warranty covers same issues as EU warranty.  Contact Mobileshop support center at warranty@mobileshop.eu, and support agent will provide you all necessary shipping details to the closest service centre. Shipping costs to service centre (one way) will be covered by customer.

WARRANTY DOES NOT COVER (in both cases of EU WARRANTY and SELLER WARRANTY):

                            Replacements of accessories (batteries, headphones, charger, cables, CDs, memory cards etc.).

                            Damages and other consequences that can happen if the product is used inadequately and inappropriately. Clients are advised to take their time and read carefully the instructions for proper use of all products.

                            If products are stored improperly, and not according to manufacturer instructions.

                            Damages and other consequences that may come as a result of repairs or any other involvements from an unauthorized service centre.

                            Damages and other consequences resulting from external influences (such as all kind of accidents or natural disasters).

                            Damages of waterproof devices caused by submergence in salt or chlorinated water.

                            Mechanical damages, damages caused by vis major, damages caused by not taking relevant care of the goods

                            Damages which the customer was informed about before the delivery of the product

                            Damages caused by using the product in unsuitable conditions

                            Damages caused by water

                            Damages caused by using an non-official supplements to the product, damages caused by non-professional assembly.

Neither trader nor MobileShop is liable in the case of the producer or official service centre refuse to accept the warranty from any of the reasons stated above.

In the case of the warranty being declined, you will get an offer for the repair of the product. In the case of you refuse this offer you can still be charged for administrative expenses. In the case of you accept the offer you are obligated to pay a total cost of the repair.

In case when EU warranty doesn’t cover repair service - your issue will be handled by the Seller warranty. You have to contact MobileShop customer support, and they will provide you all instructions where to send the product. After receiving the product and determining its condition you will be offered by one of the following options:

                            Service: you will be forwarded to the closest service centre (official brand service or other).

                            Replacement: The product that you ordered will be shipped to you at trader’s expense.

                            Refund: you will be refunded completely including return shipping (excluding insurance). Return shipping costs are refundable up to 20 Euros.

Choosing one of the following options is the right of the MobileShop which is conducting the warranty procedure in the name of the trader.

The customer is obligated to report the defect of the product in written form describing the defect. In the complaint protocol the customer shall provide his contact address, telephone number and e-mail address. MobileShop is not responsible for any inaccuracies provided by the customer in the reclamation and is not responsible for the impossibility of delivery the product to the customer in case of providing false or inaccurate address.

Until MobileShop does not have all necessary information the reclamation procedure is not started. If the customer fails to deliver the missing information or missing parts of the product the reclamation will be considered to be unjustified.

If the product is intended to contain passwords, the customer is obliged to notify the appropriate passwords in reclamation, or remove them before the delivery of the product. If it does not, the date of starting reclamation procedure will be postponed until the day of delivery of access codes and passwords to the product.

MobileShop is not responsible for damage to data and programs in the goods in case of reclamation. In this context, the customer is advised to make a backup copy of all data and programs of the product sent for reclamation.

XIV PRIVACY

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Payment information is secured by bank encryptions (Payment Processors and PayPal) SSL protocol, MobileShop is not in connection with this sensitive information.

When you create your MobileShop ID, purchase a product, we may collect a variety of information, including your name, mailing address, phone number, email address and contact preferences. Furthermore, MobileShop can be led to ask the Customer for additional necessary documents, for example: proof of address, ID card, etc. MobileShop holding its right to require security measures are a testament to our willingness to protect customers against potential fraud. If this condition is not filled, MobileShop keeps the right to cancel the order or postpone the delivery until the above condition is fulfilled.

When you share your content with family and friends using MobileShop products, send gift certificates and products, MobileShop may collect the information you provide about those people such as name, mailing address, email address, and phone number.

By registering as the User on the Site as a person concerned under the Act of 122/2013 Coll. on the protection of personal data you hereby voluntarily grant consent in accordance with § 11 of the Act for the processing and storage of all your personal data within the scope of the personal data that you as an user allow the Site process and the scope of the personal data that you voluntarily disclose through the Site for the purposes needed to deliver me the products, for the marketing purposes to Alliance Electronics s.r.o. Kremnická 24 Bratislava 851 01 Slovakia IN (ICO): 50 535 561

I also certify the accuracy, truthfulness and timeliness of given relevant personal data.

This consent may be revoked at any time by notification by sending a letter to the headquarters of the mailing address: Alliance Electronics s.r.o. Kremnická 24 Bratislava 851 01 Slovakia IN (ICO): 50 535 561 or electronically by sending a notice to the email address info@mobileshop.eu.

In the case of options exercise of its rights under the provisions of § 28 et seq. Act I required in this context that the person contact the operator only at the above address.

MobileShop is able to proceed the personal data of the User until the consent to the processing will be revoked, and after his appeal ensures their blocking and disposal under the Act; provided does not prejudice the eventual mandatory processing or archiving of personal data under specific legislation. MobileShop ensures that the transmission of personal data in the EU member states or states that are party to the Agreement on the European Economic Area shall take appropriate safeguards for the rights and legitimate interests of the persons concerned.

Cookies policy

MobileShop uses cookies – small text files that are placed on your browser to help the site provide a better user experience. In general, cookies are used to retain user preferences, which MobileShop may read during its subsequent visits. The seller is informed and acknowledges that the installation of the cookie is essential to its membership to the platform and that any deletion would give rise to the inability to access its account.

MobileShop collects the personal data of buyers when they join the platform and it communicates this data to the seller upon the order confirmation so that the seller can execute the sales contract. The seller undertakes to treat the elements and information delivered by MobileShop as strictly confidential. This undertaking of confidentiality will remain in effect following the end of the seller’s membership to the platform for a period of two (2) years.

XIV DISCLAIMERS

MOBILESHOP DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

MOBILESHOP CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MOBILESHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

MOBILESHOP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MOBILESHOP SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MOBILESHOP FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

MobileShop reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

XV LIMITATION OF LIABILITY

The trader is solely liable for the information relating to its product offered via platform, the performance of the sales contract concluded with buyer and the compliance of its activity with the regulations which apply. The trader is solely liable for the calculation, the collection and the possible payment of the taxes, fees and/or customs duties which apply.

The trader solely can guarantee to the buyer: the compliance of products with the regulations, the compliance of the pre-contractual information, the availability of the products, the compliance with the offer of products and its terms of performance, the conformity of the after-sales service and that it holds all intellectual property rights on elements stored on the platform.

In the event of the discovery of an inaccuracy or error, the trader undertakes to inform MobileShop and to correct them without delay.

Trader is free to determine the selling price of products on the platform.

Within the framework of the seller’s membership to the platform, MobileShop may be required to solicit the trader by email for any reason whatsoever, and in particular in the event of a dispute between a trader and a buyer or a third party, and which may be referred to MobileShop. The trader then undertakes to reply to MobileShop and to the buyer or third party within 24 hours. In the absence of a reply within the aforementioned period, MobileShop reserves the possibility to reimburse the order which is the subject matter of the dispute and/or to block the payment of the amounts collected for the trader’s account until the dispute is settled. The reimbursed amount shall be deducted from the amount due or to fall due by MobileShop to the trader under the mandate to collect payments.

MobileShop as host on the platform cannot be held liable for any information placed online by the traders. MobileShop is not subject to any general obligation to monitor the information stored or a general obligation to search for facts or circumstances which indicate illegal activities. When informed of such activities, MobileShop will undertake to delete any information placed online on the platform by that trader.

MobileShop undertakes to implement all means at its disposal to provide the services which are the subject matter of these General Terms and conditions, i.e. technical intermediation between a trader and a buyer and the execution of the mandate to collect payments.

MobileShop cannot guarantee the permanent accessibility and proper functioning of the platform.

XVI INDEMNITY

You agree to indemnify and hold MobileShop, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against MobileShop by any third party due to or arising out of or in connection with your use of the Site.

XVII VIOLATION OF THESE TERMS AND CONDITIONS

MobileShop may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) MobileShop's rights or property, or the rights or property of visitors to or users of the Site. MobileShop reserves the right at all times to disclose any information that MobileShop deems necessary to comply with any applicable law, regulation, legal process or governmental request. MobileShop also may disclose your information when MobileShop determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that MobileShop may preserve any transmittal or communication by you with MobileShop through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or MobileShop determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of MobileShop, its employees, traders, users of or visitors to the Site, and the public.

You agree that MobileShop may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to MobileShop, for which monetary damages would be inadequate, and you consent to MobileShop obtaining any injunctive or equitable relief that MobileShop deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MobileShop may have at law or in equity.

You agree that MobileShop may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If MobileShop does take any legal action against you as a result of your violation of these Terms and Conditions, MobileShop will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to MobileShop. You agree that MobileShop will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms and Conditions.

XVIII AMENDMENT OF THE TERMS AND CONDITIONS

MobileShop reserves the right to amend, delay, or to definitely terminate the service provided through the Site, and these Terms and Conditions at any time, and furthermore to change or delete the contents of the Site at any time without prior notification.

MobileShop also reserves the right to refuse to provide the Site services to you, particularly in the event that your use of the service is contrary to the content of these Terms and Conditions and the Privacy Policy, or if it conflicts with the business interest of MobileShop or trader.

XIX GOVERNING LAW, MISCELLANEOUS

These Terms and Conditions shall be interpreted and performed in accordance Slovakia law, especially the provisions of the Commercial Code No. 513/1991 Col. and if the buyer is considered as a consumer the provisions of Civil Code No. 40/1964 Col applies. The competent courts of Slovakia shall have exclusive jurisdiction for any dispute arising in connection with these Terms and Conditions. Should any part or provision of these Terms and Conditions be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The present Terms and Conditions are written in English languages. These Terms and Conditions constitute the only terms between trader on the platform and the buyer and the relationship between them shall only be regulated by these terms. The present Terms and Conditions supersede any and all prior or contemporaneous agreements, representations, warranties and understandings. To the extent that anything in or associated with the content of the Site is in conflict or inconsistent with these Terms and Conditions, the Terms and Conditions shall take precedence, unless prohibited by law. The headings of Sections and subsections of these Terms and Conditions are only for convenience of reference and are not intended to affect the interpretation or construction of any provision of these Terms and Conditions. If MobileShop fails to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of its right to enforce such provision.

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