The following terms and conditions shall apply to you as an operator (the “E-Shop Operator”) of one or more e-shops (the “E-Shop”) at TrolleyMania.com, an online electronic mall which is the property of Alert Communications Limited, a company registered under the laws of Malta with company registration number C23487 and having its registered office situate at 258 Cannon Road, Santa Venera, SVR 9034 Malta (the “Company”).

 

1. Nature

 As an E-Shop Operator you are hereby entering into these Terms and Conditions, together with supplemental conditions hereto, with the Company as owner of TrolleyMania.com, which shall henceforth regulate the relationship between you and the Company.

 

2. Services

2.1 The Company shall commence supplying its services to you as an E-Shop Operator as specified in clause 4 below (the “Services”), (which services shall include a set up package, hosting and technical support) and such services shall commence as soon as you have validly completed the registration process to the Company’s satisfaction and accepted these Terms and Conditions and all supplementary terms and conditions hereto.

2.2 The Company’s obligations shall be limited to the provision of Services, and the Company shall not otherwise be responsible for the operation, maintenance or use of any E-Shop by the E-Shop Operator, provided that in such operation and use thereof, the E-Shop Operator shall at all times observe and be bound by these Terms and Conditions.

 

3. E-Shop Operator’s Minimum Standards

 Subject to the provisions hereunder, each E-Shop Operator when operating an E-Shop on the TrolleyMania.com site shall ensure that at all times that, as a minimum standard, there is:

(a). Buyer’s Satisfaction: each E-Shop Operator shall engage best efforts to ensure the reasonable satisfaction with the product and service provided to all buyers.

(b). Good Representation of Products and Price: the E-Shop Operator shall provide a true factual description of the product and a clear indication of the price.

(c). Prompt Shipment: the E-Shop Operator shall ensure the prompt shipment of any product purchased by a buyer.

(d). Sound Refund Policy: the E-Shop Operator shall operate a sound refund policy upon reasonable requests by buyers and such shall furthermore be in accordance with any applicable law.

(e). Sound Returns and Warranty Policy: the E-Shop Operator shall operate a sound returns and warranty policy that is in accordance with any applicable law, including but not limited to the Electronic Commerce Act, Cap 426 (Laws of Malta, Revised Ed.); the Consumer Protection (Distance Selling) Regulations, 2000; and the Consumer Affairs Act, Cap 378 (Laws of Malta, Revised Ed.);

(f) Each E-Shop Operator undertakes to operate strictly in accordance with the applicable laws and regulations (Maltese or otherwise) including, without limitation, the following:

(a). Electronic Commerce Act, Cap 426 (Laws of Malta, Revised Ed.); 

(b). Consumer Protection (Distance Selling) Regulations, 2000;

(c). Consumer Affairs Act, Cap 378 (Laws of Malta, Revised Ed.);

(d). Data Protection Act, Cap 440 (Laws of Malta, Revised Ed.).

 

4. Using TrolleyMania.com

The E-Shop Operator hereby undertakes to make use of the TrolleyMania.com site, subject to these Terms and Conditions, together with supplemental conditions hereto. In using TrolleyMania.com an E-Shop Operator shall not:

(a). Post, list or upload content or items in an inappropriate category or areas on the site;

(b). Breach any applicable laws or regulations, sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties, or in anyway carry out activities contrary to public morals or decency;

(c). Breach the Company’s policies including, without limitation, the Prohibited And Restricted Items Policies;

(d). Fail to deliver items purchased from him, unless a buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity. All sellers are advised to retain proof of delivery. If you choose not to deliver items you must notify the buyer and refund the entire amount back to the buyer;

(e). Manipulate the price of any item or interfere with other E-Shop Operator’s listings;

(f). Circumvent or manipulate Trollymania.com fee structure, the billing process, or fees owed to TrolleyMania.com;

(g). Post false, inaccurate, misleading, defamatory, or libellous content including personal information;

(h). Take any action that may undermine the feedback or ratings systems such as displaying, importing or exporting feedback information to non TrolleyMania.com sites or using it for purposes unrelated to TrolleyMania.com;

(i). Transfer or otherwise alienate or assign your TrolleyMania.com account and user ID to another party without the Company’s consent;

(j). Sell or in any other manner transfer, alienate or assign your E-Shop without the Company’s consent;

(k). Use your E-Shop as a payment gateway for your online store without the Company’s consent;

(l). Distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;

(m). Distribute viruses or any other technologies that may harm the Company, or the interests or property of TrolleyMania.com users;

(n). Distribute or copy the templates to any third party or away from your TrolleyMania.com account;

(o). Copy, modify, or distribute rights or content from the Company’s sites (including TrolleyMania.com), services or tools or copy, modify, or distribute rights or content in relation to any the Company’s intellectual property rights;

(p). Harvest or otherwise collect information about users, including email addresses, without their consent.

 

5. Using Information about the other TrolleyMania.com Users

Each E-Shop Operator undertakes to use and/or process any user information only in accordance with the applicable laws and regulations (Maltese or otherwise) including, without limitation, the following:

(a). Electronic Commerce Act, Cap 426 (Laws of Malta, Revised Ed.); 

(b). Consumer Protection (Distance Selling) Regulations, 2000;

(c). Consumer Affairs Act, Cap 378 (Laws of Malta, Revised Ed.);

(d). Data Protection Act, Cap 440 (Laws of Malta, Revised Ed.).

 

6. Term

There is no minimum term of agreement between the Company and the E-Shop Operator, in that the E-Shop Operator may cease operating an E-Shop at their discretion.

Provided that the yearly management fee shall not in any circumstance be reimbursed to the e-Shop Operator.

 

7. Fees

7.1 The consideration payable to the Company for the set up package of an E-Shop on TrolleyMania.com shall be of €295.00 (two hundred and ninety five euros), inclusive of VAT.

Provided that the set up package shall include the online store (E-Shop), provision of manuals and all related charges, and shall exclude any fees charged by the Bank for a Merchant Account set up (as defined in Clause 8.2 below) as well as any PCI and trustmark charges.

Provided further that the E-Shop Operator’s E-Shop shall only appear online on TrolleyMania.com once the registration process has been validly completed, all the information required has been accurately submitted and all fees have been paid.

7.2 In addition, an annual fee of €274.00 (two hundred and seventy four Euros), inclusive VAT, shall be payable to the Company, and billed to the E-Shop Operator in consideration for hosting and technical support costs.

Provided that this fee shall be paid annually in advance and shall carry a 30 day credit agreement. If any such payment is not effected within this time-frame, the E-Shop will immediately, and without necessity of any notification by the Company, be put offline.

7.3 For the avoidance of doubt, in virtue of this clause 7 (and without prejudice to any other fees that may be due under these Terms and Conditions) on set up of the E-Shop, the E-Shop Operator shall pay the following:

(a). Set up fee of €295 inclusive of VAT;

(b). Annual fee (paid yearly in advance) of €274 inclusive VAT;

for a total amount of €569 (five hundred and sixty nine Euros).

 

8. Transaction Fee

8.1 In addition to the fees due to the Company in terms of clause 7 above, a transaction fee of 0.25% exclusive of VAT on each transaction shall be due, and such transaction fee shall either (a) automatically be deducted on each transaction that is made or (b) billed to the E-Shop Operator via an invoicing system. Such method for payment of the transaction fee shall depend on the factors set out in clause 8.2 below. 

8.2 The method of payment for transaction costs depends on two factors:

(a). The bank that issues the Merchant Account for your E-Shop;

(b). The method of payment that the user (buyer) chooses to use for purchase.

8.2.1 The Merchant Account:

(a). HSBC Bank Malta plc (“HSBC”)

If the Merchant Account is set up with HSBC, the E-Shop will be invoiced on a monthly basis and payment must be effected within one month of receipt of the invoice.

 (b). Bank of Valletta plc (“BOV”)

If the Merchant Account is set up with BOV, the transaction costs will be automatically deducted from the E-Shop Operator’s merchant account.

8.2.2 Consumer preference for payment:

If the user (buyer) decides to opt for alternative method of payment other than debit card or credit card (such as Payment on Delivery, Paypal, Google Check-out and any other payment option offered by the Company in respect of TrolleyMania.com), the E-Shop Operator shall be invoiced on a monthly basis and payment must thereafter be effected within one month of receipt of such invoice.

8.3 The Company shall issue periodic updates in respect of the management of an E-Shop to an E-Shop Operator.

8.4 There are no fees charged for the termination of an E-Shop. However, all fees due and unpaid at the time of termination shall continue to be due, and all fees already paid are non-refundable.

8.5 Unless otherwise stated, all fees are quoted in EURO.

8.6  The E-Shop Operator is responsible for paying all fees and all applicable taxes, levies, duties and other charges and such shall be paid in a timely manner and by a valid payment method.

8.7 If the payment method of the E-Shop Operator fails, for any reason, or your account is overdue, the Company may at its discretion put your E-Shop offline without prior notice.

8.8 The E-Shop Operator agrees that the Company may issue invoices in electronic format or via email.

8.9 The Company’s shall allow the following methods of payment:

(a). PayPal and any other payment methods promoted by TrolleyMania.com;

(b). Credit Cards including MasterCard, Maestro and Visa;

(c). Payment upon delivery;

(d). Save for clause 8.10 below, any other method of payment specifically indicated by the Company.

8.10 The Company does not permit the following method of payment:

(a). Mailed Cash;

(b). Cash or money orders through instant cash transfer services (non-bank, point-to-point cash transfers) such as Western Union;

(c). Payment through online payment methods not specifically permitted in these Terms and Conditions.

8.11 The Company reserves the right to unilaterally cancel unconfirmed accounts and accounts that have an overdue payment of one month.

Furthermore, the Company reserves the right to unilaterally modify or discontinue any E-Shops on TrolleyMania.com sites and the E-Shop Operator hereby agrees not to hold the Company responsible for any loss or damages incurred as a result of the Company taking this action.

 

9. Licenses

It shall be the sole responsibility of an E-Shop Operator to obtain all permits, consents, licences or any other authorisations by any competent authority which may prove necessary at law for the carrying on of business on TrolleyMania.com.

 

10. Liability

10.1 The Company shall under no circumstances be responsible or liable to the E-Shop Operator in contract, tort or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses arising, directly or indirectly, out of your use or your inability to use (or that of your users or buyers) TrolleyMania.com sites and services.

10.2 The Company shall in no manner be responsible or liable for any loss or damages suffered by the E-Shop Operator save for any instances arising solely from direct fault of the Company.

10.3 Further to Clause 10.2 above, the E-Shop Operator shall not hold the Company responsible or liable for any loss or damages the E-Shop Operator may incur as a result of the Company taking any of the actions described under these Terms and Conditions or for other users’ actions or inactions, including, without limitation, things posted on TrolleyMania.com.

Provided that, the Company uses techniques that aim to verify the accuracy and truth of the information provided by users, user verification on the internet is difficult. Thus the Company cannot and does not confirm, and is not responsible or liable for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information that is provided to us or posted on TrolleyMania.com.

10.4 The Company shall not be responsible or liable for any loss of income/orders or perceived loss of revenue as a consequence of downtime (or any other inactivity or inoperability) of TrolleyMania.com site.

10.5 The Company will not accept liability for downtime, loss of revenue or loss of information, resulting from the deletion of products, product options, categories or the failure of the system.

THE E-SHOP OPERATOR’S ATTENTION IS IN PARTICULAR DRAWN TO THIS CLAUSE 10 HERE ABOVE

 

11. Indemnity

11.1 The E-Shop Operator shall indemnify and hold harmless the Company against any loss or damage (including costs) that may be awarded or agreed to be paid to any person in respect of a claim or action arising: (a) in respect of any breach of these Terms and Conditions; or (b) in respect of any E-Shop operated by the E-Shop Operator; or (c) in respect of the TrolleyMania.com site or services generally where such loss or damage is directly or indirectly attributable to the E-Shop Operator; or (d) in respect of the E-Shop Operator’s violation of any law or the rights of a third party.

11.2 The E-Shop Operator additionally undertakes to fully compensate the Company in full for any losses, damages or costs, including all reasonable legal fees incurred, arising: (a) in respect of any breach of these Terms and Conditions; or (b) in respect of any E-Shop operated by the E-Shop Operator; or (c) in respect of the TrolleyMania.com site or services generally where such loss or damage is directly or indirectly attributable to the E-Shop Operator; or (d) in respect of the E-Shop Operator’s violation of any law or the rights of a third party.

THE E-SHOP OPERATOR’S ATTENTION IS IN PARTICULAR DRAWN TO THIS CLAUSE 11 HERE ABOVE

 

12. Termination by the Company

The Company reserves the right to disconnect without refund any E-Shop Operator that breaches these Terms and Conditions or about whom repeated complaints are received from any buyers and/or users of TrolleyMania.com.

 

13. Privacy

13.1 The Company undertakes not sell or rent any E-Shop Operator’s personal information to third parties for their marketing purposes without the explicit consent of the relative E-Shop Operator.

13.2 Subject to the above, the Company reserves the right to use any content and logos of any E-Shops or E-Shop Operators at any time for the purposes of marketing and advertising campaigns.

 

14. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.

 

15.  Additional Terms and Conditions

15.1 Each E-Shop Operator shall also be bound by the following additional Terms and Conditions in the following specific policy documents:

• Prohibited and Restricted Items;

• Contact Information;

• Identity;

• Communicating with other TrolleyMania.com Members;

• Accepted Payments.

The above are an integral part of these Terms and Conditions and relate to specific services.

15.2 Each of these policies may be changed from time to time. Changes take effect when we post them on the TrolleyMania.com site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through our sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

15.3 (i). The responsibility for compliance with the Value Added Tax Act, Chap 406 of the Laws of Malta (Revised Ed.) and all other applicable legislation, vests with the E-Shop Operator. The said responsibility will include inter alia, the requirement to being appropriately registered with the Value Added Tax Department (unless exempt), charging the correct Value Added Tax to the Users and accounting said Value Added Tax to the Department.

(ii). Furthermore, it shall be the responsibility of the E-Shop Operator, who are initially exempt and/or entitled to an exemption as a small undertaking, to ensure that they continue to be entitled to such an exemption throughout the period in which you operate an E-Shop.

(iii). The E-Shop Operator undertakes to inform the Company in writing immediately when there is any change to its Value Added Tax status.

16. General

16.1 If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

16.2  It is in the Company’s sole discretion, to transfer or otherwise assign its rights and obligations under these Terms and Conditions, provided that such shall be on the same terms, or on terms that are no less advantageous to you the E-Shop Operator.

16.3  The Terms and Conditions may be amended or changed by the Company at its discretion at any time provided that a one month prior notice is given to the E-Shop Operator.

16.4 The headings herein are for convenience only and shall not have any legal or interpretative effect.

16.5 A failure by either party hereto to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

 

17. Governing Law and Disputes 

17.1  The construction, validity and performance of these Terms and Conditions shall be governed in all respects by Maltese law.

17.2 Any dispute, controversy or claim arising out of or relating to this Terms and Conditions, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the rules of the Malta Arbitration Centre as at present in force. The appointing authority and administrator shall be the Malta Arbitration Centre. The number of arbitrators shall be one. The place of arbitration shall be Malta. The language to be used in the arbitral proceedings shall be English.  Arbitration in terms of this Clause shall constitute the sole and exclusive remedy for the resolution of disputes, controversies of claims arising out of or relating to this agreement, or the breach, termination or invalidity thereof.

I HEREBY CONFIRM THAT I HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND ACCORDINGLY I AM FULLY AWARE OF MY OBLIGATIONS AND RESPONSIBILITIES AS AN E-SHOP OPERATOR ARISING HEREFROM, INCLUDING PROVISIONS ON LIABILITY AND INDEMNITY WHICH HAVE SPECIFICALLY BEEN BROUGHT TO MY ATTENTION.

If you have any further queries please click here to contact the TrolleyMania team.

 

 

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