Rules for sellers
1.Annex no. 1 to the Regulations of the Portal provides detailed provisions regarding the Authors (within the meaning of paragraph 14 of the Portal Regulations), i.e. the Portal Users who offer Products in the frame of the Portal.
2.Each User of the Portal is entitled to offer Products in the Portal against agreed payment.
3.In the frame of the Portal, there is possibility to offer only Products to which the Author who offers them, upon their inclusion in the portal, owns exclusive rights to intellectual property allowing to conclude a contract with other Users for use of the Product under the conditions specified in the Regulations of the Portal, including in particular Annex no. 2 to the Regulations of the Portal- Basic License Terms and Annex no. 3 to the Regulations of the Portal - Expanded License Terms.
4.By placing the Product in the Portal for the purpose of offering it, the Author declares that he has exclusive rights to the intellectual property associated with the Product and that the distribution of the Product through the Portal and the use of the Product in accordance with the provisions of the basic License or extended License will not violate the applicable law, including the rights of third parties.
5.The Author is entitled to offer the Product in the Portal on an exclusive or non-exclusive basis with respect to the Portal. The above choice will result in the calculation of remuneration of the Portal's Administrator (commission) as indicated by the Payment Policy.
6.In the case of purchasing the Product offered by the Author, an agreement for the use of the Product under this basic License or extended License will be concluded in the name of the Author with the purchasing User, at the option of the User purchasing the Product.
7.The Author bears sole responsibility in respect to the buyer due to warranty or guarantee for the Product, and also due to any damage suffered by the User making the purchase or using the Product in good faith. In this range, the Author agrees to a fair consideration of all claims addressed to him through the Administrator of the Portal from the Users who have purchased the Product from him.
8.By placing the Product in the Portal in order to offer it to other Users, the Author, in consultation with the Administrator of the Portal, will determine the total amount of remuneration for which the use of the Product will be offered to the Users of the Portal. In the absence of consensus regarding the remuneration between the Author and the Administrator of the Portal, the Product cannot be offered in the frame of the Portal.
9.Before placing the Product on the Portal in such a way, to make it accessible to potential buyers, the Administrator of the Portal reserves the right to perform actions checking the Product in terms of its accuracy and compliance with the description indicated by the Author. The above does not relieve the Author of his liability for the offered Product, nor does it mean that the Administrator has given warranty or guarantee on the Product. The Administrator reserves the right to make the final decision on whether the Product can be offered in the frame of the Portal.
10.The Author is implicitly obligated to position a comprehensive, reliable and readable description of the Product for the Users, including all the functionalities of the offered Product.
11.Due to possibility to offer Products in the frame of the Portal and in respect to this obtain income by the Author, the Portal Administrator will be entitled to a commission fee from each transaction (Product disposal) made in the Portal.
12.The amount of remuneration payable to the Administrator of the Portal (commission) is in each case determined in accordance with the Payment policy, taking into account the sales plan chosen by the Author.
13.From the time of the purchase of the Product by the Author, the Portal Administrator will recognize the account balance of the Author selling the Product by the amount of the agreed remuneration (prices) for the granted right to use the Product lessened by the amount of remuneration (commission) of the Portal Administrator.
14.The funds accumulated within the Author's account balance, derived from the sale of the Products in the Portal may be paid at the Author's request for payment.
15.The remuneration payment will be made via bank transfer to the Author's bank account, not later than the 15th day of the month following the month in which a request for payment was submitted by the Author.
16.In the request for the Author's remuneration payment within the frames of the account balance in the Portal, the Author is obliged to provide all necessary data to make the payment (bank transfer) and the amount of funds, to which in the context of the balance, the payment is to be made. The Administrator reserves the right to determine the minimum threshold for the amount of payment, specified by the Payment policy.
17.The requirement for the minimum payment threshold will not apply if the payment will occur as a result of termination of the agreement for the use of the Portal or withdrawal from this agreement, resulting in deleting the account of the Portal's Author.
18.The payment within the framework of the collected account balance of the Author may be suspended after the request for payment if:
- The Author did not indicate the required data for payment in the application for payment;
- In the case of the adoption of legitimate messages by the Administrator of the Portal, that the Author has committed breach of the applicable law, which may result in claims addressed to the property values collected within the account balance of the Author;
- If, according to the data contained in the application for payment, this payment would be made to a place to which, in accordance with the mandatory provisions of the law the payment cannot be executed.
19.In the event that the payment of remuneration payable to the Author would take place in a currency other than the Polish zloty, the Portal Administrator will charge the Author with commissions or other costs necessary to make the currency conversion.
20.The funds accumulated by the account balance of the Author, and constituting remuneration for Products sold within the Portal, do not have a limited validity period and will be stored indefinitely.
21.The Author is obliged to settle the transactions undertaken due to sale of the Products in the frame of the Portal on his own, including that he is solely responsible for the performance of registration, reference and reporting duties, as well as paying any balance due in this respect, in accordance with the requirements applicable to the Author's tax legislation in the frame of proper income tax and/or tax on goods and services, as well as other tax, duties, customs duties specific to the Author. The Portal Administrator shall not be liable for the acts or comissions of the Author constituting a violation of the above obligations.
22.The rules concerning the payment of remuneration in respect of sale of the Products in the frame of the Portal shall apply to the remuneration payable to the User due to the Loyalty Program, in accordance with the provisions of Annex no. 5 to the General Regulations of the Allvago Portal - Terms of the Loyalty Program.
23.The Author offering the Product in the frame of the Portal is entitled to advertise the Product outside the Portal, including through identifying the Portal as a medium for the availability of the Product. Such advertising must be consistent with the applicable law. In order to undertake advertising actions of the Product, as long as it is offered via the Portal, the Author is entitled to a reasonable use of the Portal Administrator's symbols - its logos and watermarks. These materials are available for downloading from the Portal.
24.The Portal Administrator reserves the right to remove the Product from the Portal if this Product violates the applicable law or is inconsistent with these Regulations.
25.The Author hereby authorizes the Administrator of the Portal to act on his behalf, and issue and service accounting documents in the name of the Author each time - invoices that, in terms of accounting document the provision, as well as overall remuneration obtained from the title provided to the Users purchasing the Products of the Author. The invoices issued by the Administrator of the Portal will contain data required by applicable law identifying the Author, to which every Author hereby agrees.
26.Each time after the acquisition of the Product by the User within the Portal, on the day of the acquisition, the Portal Administrator will issue and send a pro forma invoice via e-mail to the Author's e-mail address, in order to carry out its acceptance by the Author, on whose behalf it was issued.
27.Not later than 5 working days from the date of sending the proforma invoice by the Portal Administrator, the Author will each time be required to accept it or indicate the necessary and reasonable changes or additions. If no reply is given in the term specified in the preceding sentence, it will be equivalent to the acceptance of the proforma invoice sent to the Author. The Author is solely responsible for the reliability and accuracy of the invoice to actual data, documenting the transaction issued in his name and on his behalf by the Portal Administrator, thus he should exercise due diligence at the time of acceptance of the proforma invoice sent to him, or at the time of identifying the necessary changes or additions.
28.As soon as the Portal Administrator receives information about the acceptance of the proforma invoice, as well as after the expiry of the deadline indicated in paragraph 27, the Portal Administrator based on the proforma invoice, will issue - in the name and for the account of the Author, an invoice and deliver the original by e-mail to the User who acquired the Product, and the copy of the invoice will be delivered to the Author.
29.In the case of specification of necessary additions or changes in relation to the proposed proforma invoice to the Portal Administrator within the period specified in paragraph 27, the Portal Administrator will take into account the comments indicated by the Author justified in the light of the law, regarding the change or supplementation of the proforma invoice sent to him and on the account of the Author, he will issue an invoice and deliver the original to the User who purchased the Product and a copy of this invoice to the Author by e-mail.