Terms and conditions of service provision
EDENAPP MARKETPLACE
§ 1. GENERAL TERMS AND CONDITIONS
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Purpose
The EDEN Marketplace, operating at https://marketeden.org (hereinafter referred to as the “Marketplace”), is a website, a subpage within the Platform, whose objectives are:
- providing Farmers with the opportunity to advertise the stationary sale of their Goods,
- providing Sellers with the opportunity to sell their Goods directly online via the Marketplace, and
- enabling Users to familiarize themselves with information made available directly on the Platform and other documents made available in connection with the Marketplace and the Platform by EDEN,
in accordance with the rules set out in these Terms and Conditions, and where applicable, in the terms and conditions of sale of a separate Product/service.
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Entities
These Terms and Conditions apply to you as a User, Seller, Farmer, and:
EDENApp sp. z o. o., with its registered office in Wrocław (50-203), ul. Romana Dmowskiego 3/9, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under KRS number: 0001025484, NIP: 8982290764, REGON: 524775095, share capital PLN 10,000.00 (ten thousand 0/100 zlotys), paid in full (hereinafter referred to as: “EDENApp” or “Service Provider”).
All statements should be addressed exclusively to the relevant entity. The Service Provider can be contacted at the following e-mail address: hello@oureden.io
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Legal relationship with EDEN
Users, Farmers, and Sellers acknowledge and accept that by creating an account on the Marketplace, posting an advertisement, listing Goods, selling or purchasing them, they enter into a legal relationship with EDEN, i.e. the following entity:
EDENApp sp. z o. o. with its registered office in Wrocław (50-203), ul. Romana Dmowskiego 3/9, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under KRS number: 0001025484, NIP: 8982290764, REGON: 524775095, share capital PLN 10,000.00 (ten thousand 0/100 zlotys), paid in full (hereinafter referred to as: “EDENApp” or “Service Provider”).
You can contact EDENApp at the following email address: hello@oureden.io
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Services
These Terms and Conditions set out the rules for using the website available at https://marketeden.org/, as well as for providing electronic services through it. EDENApp is the entity managing the Marketplace, while Users, when conducting transactions with other Users (including trading $EDN and exchanging them for EDENbon), may establish relationships based on separate terms and conditions or terms of service.
You can access the Marketplace by going directly to https://marketeden.org/, or via a redirect (including, in particular, from the EDENApp application).
- Terms and conditions and other documents
Each User is obliged, upon taking steps to use the Website:
- from the Platform (which also means browsing the Platform) – to comply with the provisions of the General Terms and Conditions of the Platform available at https://marketeden.org/terms-and-condtions/,
- from Marketplace (which also includes browsing Marketplace) – to comply with the provisions of these Terms and Conditions, available at https://marketeden.org/terms-and-condtions/
The User is obliged to read these Terms and Conditions. Acceptance of these Terms and Conditions is voluntary, but is a condition of using the Marketplace. Documents intended for Users are made available in electronic form on the Platform in such a way that Users can store and reproduce them in the course of their normal activities.
- Disclaimers
EDENApp's activities do not in any way refer to investments as investment funds. The terms “investments” or “investment” in the information provided through the Platform should be defined solely as the purchase or other means of acquiring $EDN or the pursuit of such acquisition or purchase. EDENApp's activities cannot be construed as investment advice, investment recommendations, or intermediation in such advice or recommendations, or management of any of the User's assets.
§ 2. DEFINITIONS
- Service Provider / Administrator / EDEN
The Administrator and Service Provider of the https://marketeden.org/ Platform, in accordance with the information contained in § 1 of these Terms and Conditions.
- Seller
a physical person, legal person, or organizational unit without legal personality, to which separate provisions grant legal capacity, conducting business or professional activity, or otherwise possessing the relevant authorization regulated by national provisions, to participate in the Marketplace, if necessary in their place of residence or stay, who has completed the application form to obtain the status of a Seller on the Marketplace, has been accepted by the Administrator as a Seller, and has an active Seller account on the Marketplace for the purpose of posting advertisements on the Marketplace concerning the sale of Goods or Services through the Marketplace.
- Farmer
a physical person not conducting business or professional activity, as well as a physical person, legal person, or organizational unit without legal personality, to which separate provisions grant legal capacity, conducting business or professional activity, or otherwise possessing the relevant authorization regulated by national provisions, to participate in the Marketplace, if necessary in their place of residence or stay, who has completed the application form to obtain Farmer status on the Marketplace, has been accepted by the Administrator as a Farmer, and has an active Farmer account on the Marketplace for the purpose of posting advertisements on the Marketplace concerning the stationary sale of Goods.
- Platform
the website located at https://marketeden.org, along with all of its subpages, including Marketplace.
- Candidate for Farmer or Seller
a person applying to open a Farmer or Seller account on the Marketplace, interested in opening such an account, meeting the conditions of these Terms and Conditions, in particular sections 2-3 of this paragraph.
- Viewer
a person visiting and browsing the Marketplace (regardless of whether they are an unregistered user, User, Farmer, Seller, or Consumer).
- User
a physical person with an active User Account, a legal person or an organizational unit without legal personality, to which separate provisions grant legal capacity, conducting business or professional activity, or otherwise having the relevant authorization regulated by national provisions to participate in the Platform, if such authorization is necessary in the place of its residence or stay.
- Consumer
A user who is a physical person or a physical person conducting business activity who performs a legal transaction with an entrepreneur (Seller) not directly related to their business or professional activity. All statements indicated in these Terms and Conditions and relating to the User also apply to the Consumer, except where separate provisions are provided for the Consumer.
- User Account
a set of resources and permissions granted to the User or Consumer within the Platform, containing information necessary for their authorization and enabling the use of the Services, including in particular viewing advertisements and purchasing Goods within the Marketplace.
- Services
electronic services provided via the Platform, in particular consisting in providing Sellers with the possibility to place advertisements and sell Goods, Farmers the opportunity to place advertisements for stationary sales of Goods, and Users the opportunity to use the Marketplace to browse advertisements offered by Sellers (and purchase the Goods they offer) and Farmers.
- Aplication
The EDEN application managed by EDENApp for mobile devices is available for devices with the following operating systems:
You can also access the Marketplace service by redirecting from the Application.
- Marketplace
functionality within the Platform; available at https://marketeden.org/, where the User can view the purchase of specific Goods made available by Sellers and view and locate Farmers selling their Goods in a location specified by them.
- Price
specified in PLN (Polish zloty) or another equivalent currency (or its equivalent in the $EDN crypto asset) gross remuneration amount (including tax and other amounts subject to deduction, in particular the Service Provider's commission) payable to the Seller for the transfer of ownership of the Goods to the User or Consumer in accordance with the Digital Content Delivery Agreement.
- Goods
available on the Platform as part of the Marketplace:
- goods or services not sold through the Platform, but which are the subject of the Farmer's announcement about the possibility of purchasing them at a location specified by the Farmer,
- goods – movable tangible items advertised by Sellers, available for purchase via the Marketplace upon payment of the Price,
- products covered by the Digital Content Delivery Agreement for payment of the Price, including in particular training courses, e-books, online courses, video materials, audiobooks, and other similar items available on the Marketplace.
- Goods Sales Agreements
an agreement concluded between the User or Consumer and the Seller, the subject of which is the sale via the Marketplace and delivery of Goods to the User or Consumer by the Seller, including the Digital Content Delivery Agreement.
- Digital Content Delivery Agreement
a contract whose subject matter is the provision of digital content to the User or Consumer by the Seller or Service Provider, which means data produced and delivered in digital form, regardless of whether access to it is via downloading, streaming, or other means, e.g., training, e-books, online courses, video materials, audiobooks, and other similar materials available on the Marketplace. books, online courses, video materials, audiobooks, and other similar materials available on the Marketplace.
- Order
a declaration of intent by the User or Consumer expressing a direct intention to conclude a Digital Content Delivery Agreement or a Goods Sale Agreement, submitted using means of distance communication, specifying the Goods for which the User or Consumer is submitting an offer to conclude a Contract and the data necessary for the possible conclusion and performance of that Contract. By accepting the order, the User or Consumer simultaneously agrees to conclude a Digital Content Delivery Agreement.
- Newsletter
an electronic service provided via the Platform, which enables interested parties, including Users, to receive regular information from the Service Provider about EDENApp's activities to the e-mail address provided (with prior consent).
- EDENCOIN / $EDN
virtual currency (as defined in Article 2(2)(26) of the Act of March 1, 2018, on counteracting money laundering and terrorist financing – hereinafter referred to as the “AML Act”), entitling the holder to perform activities (including conversion into EDENbon according to the calculations indicated on the Platform or in the Marketplace) and receive benefits, in accordance with the information included on the Platform and in these Terms and Conditions.
- EDENbon
a multi-purpose voucher (as defined in Article 2(44) in conjunction with Article 41 of the Act of March 11, 2004, on Goods and Services Tax – hereinafter referred to as the “VAT Act”), having the characteristics specified on the Platform and in these Terms and Conditions, in the form of a code, entitling the holder to use the EDENbon in the Marketplace to pay for the purchase of Goods and to use it within other functionalities (including payment for the purchase of a Distinction) in accordance with its assigned value.
- Advertisement
Sellers' advertisements containing an offer to purchase Goods and Farmers' advertisements describing the details of Goods offered at a stationary point indicated by the Farmer via the Marketplace, which are displayed by the Seller or Farmer, respectively, and published on the Marketplace.
- Distinction
including, but not limited to, additional paid services provided by the Service Provider within the Marketplace: highlighting, displaying in the section highlighted at the top (top) of the advertisements of Sellers or Farmers (for a specified period of time), placing banners on the home page, placing graphics in dedicated promotional sections on the Platform, as well as any other paid functionalities indicated on the Platform, aimed at attracting the User's attention to a given advertisement and, as a consequence, increasing the chance of selling the Goods or the User using the Farmer's services after reading their advertisement.
- ICT system
a set of cooperating IT devices and software that ensures the processing and storage, as well as sending and receiving of data via telecommunications networks using terminal equipment appropriate for the type of network.
- Suppliers
external entities that provide or may provide additional services and content on the Platform and in the Marketplace.
- Registration form
document made available by EDEN to candidates for Farmer or Seller, the completion of which, together with acceptance of the content of the documents indicated therein, in particular these Terms and Conditions, constitutes an application to open a Farmer account or Seller account
§ 3. GENERAL MARKETPLACE RULES
- Access to Marketplace
The Marketplace is available to any User who has access to the Internet and can launch the website on their IT device. To use the Marketplace, the User must enter the correct website address and activate it on their device. The services offered through the Marketplace are available 24 hours a day, every day of the week, as soon as the User launches the Marketplace and requests to use the Services.
- Access restrictions
Use of the Services may be restricted to certain territories. The Service Provider provides access to the Services in accordance with local laws, and the Services are not available to Users under the jurisdiction of the following countries: Afghanistan, Barbados, Burkina Faso, Democratic Republic of Congo, Philippines, Gibraltar, Haiti, Iran, Jamaica, Cameroon, North Korea, Mali, Myanmar/Burma, Mozambique, Nigeria, Panama, South Africa, Senegal, South Sudan, Syria, Tanzania, Trinidad and Tobago, Uganda, Vanuatu, Vietnam, Yemen, United Arab Emirates, Israel, Iraq, Sudan, Pakistan, Russia. The Service Provider has the right, at its sole discretion, to restrict or deny access to the Services in selected countries and may at any time introduce temporary or permanent interruptions in the provision of the Services, especially in the case of maintenance work. In such situations, the User is not entitled to compensation or claims.
- Terms of Use for Marketplace
Users must use the Marketplace in accordance with applicable law, these Terms and Conditions, the rules applicable to the websites, and the guidelines of the Suppliers, as well as with respect for good manners. It is the User's responsibility to use the Marketplace in a manner that does not infringe on the rights of third parties, including personal rights, privacy, and other rights. The User is also obliged to avoid actions that disrupt the functioning of the Marketplace and hinder its use by other Users or the Service Provider. Information and materials made available through the Marketplace may only be used within the scope of permitted use or on the basis of licenses granted.
- Prohibited content
The User is prohibited from publishing content that is unlawful, infringes the rights of third parties, contains offensive content, or incites criminal activity. All advertising content must be approved in advance by the Service Provider. In the event of a violation of the User's rights, the User is obliged to immediately inform the Service Provider about the incident.
- Consequences of violations
If the User violates the law, the Terms and Conditions, the rules of social coexistence, or acts to the detriment of the Service Provider, the Service Provider has the right to take appropriate measures, including restricting or preventing access to the Marketplace and the Services offered. Such measures may include limiting the functionality of the Marketplace for the User or blocking access to the account.
- Services and content provided by third parties
The Service Provider, in cooperation with other Suppliers, may offer additional services and content within the Marketplace. The use of these additional services requires acceptance of the terms and conditions of the individual services. In the event of a conflict between the provisions of these Terms and Conditions and the terms and conditions of these services, the provisions of the terms and conditions applicable to the services in question shall prevail. In matters not covered by other terms and conditions, the provisions of these Terms and Conditions shall apply.
- Content on Marketplace
Marketplace:
- as part of the functionality for users who are not logged in, it allows them to view the list and content of advertisements added by Farmers and Sellers and to purchase the Goods that are the subject of the advertisement, while
- as part of the functionality for the User's account, it enables the actions indicated in point 1 above and, in addition, viewing and editing data in the User's account tab and contacting the Farmer or Seller,
- as part of the functionality for Farmers or Sellers, it enables the activities indicated in point 1 above and, in addition, adding, editing, closing, and other management of advertisements, viewing and editing data in the Farmer or Seller account tab, contacting the User, and selling the Goods from the advertisement.
In view of the above, the Farmer and the Seller acknowledge and accept that, when using the Marketplace, this content may be viewed by other third parties. The Service Provider may remove content from the Farmer or Seller suspected of being spam or violating the provisions of these Terms and Conditions, as part of the internal judicial system operating on the Platform.
- Additional paid Marketplace features dedicated to Farmers and Sellers
The Service Provider makes the Distinctions referred to in § 2. section 22 available as additional, paid Marketplace functionalities to Farmers and Sellers.
- Content of the advertisement in Marketplace
The content of the advertisement description should be accurate and complete and must not mislead Users, in particular as regards the properties of the Goods, such as: their composition, condition, parameters, quality, origin, brand, or manufacturer. The content of the advertisement should comply with applicable law, in particular contain information resulting from applicable consumer protection regulations, and furthermore, it must not suggest the use of the Goods in a manner that violates applicable law. The description of the advertisement must not contain any content that is inconsistent with applicable law. The User bears full responsibility for the content posted by them in the advertisement description, including responsibility for any errors or inaccuracies therein.
§ 4. MARKETPLACE OPERATING RULES
- Marketplace service
The Service Provider makes available a tab in the scope of, on the basis of a license obtained from the Farmer or Seller and in relation to the provision of services by them, advertisements for paid Goods in physical form (products), as well as Goods in digital form, such as training courses, e-books, electronic courses, audiobooks, and other similar items. The conclusion of the Goods Sales Agreement takes place after the User or Consumer has placed an Order. For this purpose, the User or Consumer is obliged to provide all data, including personal data, required during the transaction process in connection with the transfer of the Price for the purchase of a particular Good.
The Service Provider provides Users and Farmers or Sellers with Marketplace – an online trading platform and other functionalities enabling the conclusion and execution of transactions, as well as the transfer of content, including between Users and Farmers and Sellers, in accordance with the rules set out in the Terms and Conditions and the terms and conditions of individual services. None of these functionalities means that the Service Provider has knowledge of the content transmitted by Users, Farmers, or Sellers. In the event that the content is unlawful or violates the Terms and Conditions, the Service Provider shall take the actions described in these Terms and Conditions to detect and remove such content.
The Service Provider shall not be liable for the actions of Users within the platform or for the non-performance or improper performance of agreements concluded by them within the Transaction. It shall also not be liable for the consequences of actions of Users or third parties violating the provisions of the Terms and Conditions, provided that, despite exercising due diligence, the Service Provider was not aware of the unlawful nature of such actions or could not have become aware of it, and therefore did not take immediate action to remove the violations, their consequences, or prevent access to such information. The Service Provider shall not be liable for the quality, safety, or legality of the Goods offered in the advertisements, the ability of Sellers to sell, the solvency of Buyers, or the truthfulness and reliability of information or other content provided by Users (in particular, advertisements and opinions about the Goods).
- Basic terms and conditions of purchase of Goods
Through the Marketplace, it is possible for a User or Consumer to conclude a Goods Sales Agreement only with the Seller; a Farmer may publish advertisements for Goods, indicating the possible stationary place of purchase with the exact address, as it is not possible to purchase Goods from a Farmer through the Platform. The purchase of Goods from the Seller is possible if the User or Consumer has a User Account or, as an unregistered person, provides the data necessary to conclude a Goods Delivery Agreement indicated on the Marketplace, including at least their first and last name or name, address of residence or registered office, delivery address for Goods other than digital Goods, and email address. A User or Consumer who meets the above conditions may purchase the offered Goods directly from the Seller via the Platform (within the Marketplace) and use them via the Platform (if they are digital Goods) or outside it, if such a possibility is provided for in a given Good (e.g., downloading an external file). The main features of the subject of the service for a particular Good are specified in the advertisement for that Good or in another manner appropriate for that Good. The Seller reserves that the Good may only be performed electronically (online using the Internet).
- Placing an Order
Through the Marketplace, it is possible for a User or Consumer to place an Order in the following manner:
- The Viewer, User, or Consumer adds the selected Product or Products to the shopping cart and then proceeds to the Order form summarizing the value of all Products selected by them;
- In each of the above cases, the User or Consumer is obliged to provide the data necessary for the Seller to fulfill the Order, as indicated on the Marketplace in the Order form;
- When placing an Order, the User or Consumer has the option to independently correct the selected Goods;
- Next, the User or Consumer selects the method of payment for the Price and any other total costs indicated in the Order form;
- Depending on the selected payment method, the User or Consumer may be redirected to the website of an external payment service provider in order to make the payment;
- The total value of the Order includes the Price of the Goods or Services and other costs. The User or Consumer is informed of the total Price and any other costs associated with the execution of the Order when placing the Order.
- Conclusion of the Agreement
The Goods Sales Agreement is concluded upon confirmation of the offer(s), i.e., upon receipt by the User or Consumer of a message on the Platform or an email from EDEN to the email address provided by them confirming the placement of the Order.
- Payment method
The purchase of Goods is possible using traditional currencies (PLN and other currencies currently supported by the Platform), and the value of the order may be reduced in accordance with the value of the EDENbon multi-purpose voucher used, in accordance with the terms and conditions set out in these Terms and Conditions. Transaction data, including personal data related to the execution of the transaction, is transferred directly by the User or Consumer to external Providers (payment operators) through which the Price for the Goods is paid. List of external payment Providers through which the User or Consumer can pay the Price:
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STRIPE (https://stripe.com) – Stripe Payments Europe, Ltd., with its registered office at The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland, registered with the Companies Registration Office under number 513174.
Stripe operates as a payment service provider, enabling users to make online payments quickly and securely. The company is supervised by the Central Bank of Ireland as an electronic money institution.
Within Stripe, users can also take advantage of features such as:
- Google Pay (https://pay.google.com)
- Apple Pay (https://www.apple.com/apple-pay)
The Stripe Terms of Service are available at: https://stripe.com/legal
The Service Provider reserves the right to change, add, remove, or modify individual payment operators, and also reserves the right to accept payments directly from the User or Consumer (e.g., bank transfer) for a given transaction as part of the transfer of the Price. At the same time, the Service Provider indicates that individual Payment Providers (the payment operator(s) indicated above) may charge a commission for handling transactions in accordance with their terms and conditions. In each case of payment using individual Payment Providers, the User or Consumer is obliged to accept the terms and conditions of payment, as part of separate terms and conditions for the provision of electronic services, provided by that Payment Provider.
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STRIPE (https://stripe.com) – Stripe Payments Europe, Ltd., with its registered office at The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland, registered with the Companies Registration Office under number 513174.
- Access to Goods
The User Account allows the User or Consumer to view the purchased Goods and access materials visible after logging in. The use of the services offered by the Seller is available only to persons with full legal capacity.
- Unavailability of Goods
If the Seller is unable to accept all or some of the Orders, the Seller will contact the User or Consumer to inform them of the situation. In such a situation, the User or Consumer shall choose between the following solutions. Cancellation of an Order by the User or Consumer automatically releases the Seller from the obligation to fulfill it if:
- The User or Consumer shall accept the fulfillment of the Order by the Seller in the part specified by the Seller; or
- The User or Consumer cancels the entire Order.
- Promotions on Goods
The Seller reserves the right to conduct promotional campaigns for individual Goods, including, for example, price reductions for individual Goods. Where necessary, the Seller shall provide the User or Consumer with separate terms and conditions specifying the rules for conducting a particular promotional campaign. In such a situation, the provisions of the terms and conditions of the promotional campaign shall take precedence over the provisions of these Terms and Conditions. If no dedicated terms and conditions are published, the provisions of these Terms and Conditions shall apply.
- Rules for organizing the delivery of Goods
- Neither the Seller nor the Service Provider impose any territorial restrictions other than those specified in these Terms and Conditions.
- The delivery of purchased Goods in electronic form (courses, video materials, e-books, audiobooks) takes place exclusively by electronic means through the direct assignment of individual Goods to the User Account or in another form indicated on the Goods card.
- The delivery of Goods in electronic form shall take place immediately, no later than within 24 hours from the moment of correct transfer of the Price to the Service Provider, with the simultaneous reservation of the possibility of extending this period by the Service Provider in the event of reasons beyond its control, such as technical interruptions, system failures, or the occurrence of broadly understood force majeure, up to a maximum of 7 days.
- The fulfillment of Orders for Goods other than in electronic form and their transfer for shipment shall take place within 3 (three) business days from the moment of correct transfer of the Price to the Seller, with the simultaneous reservation of the possibility of extending this period by the Seller, in the event of circumstances beyond its control, such as technical interruptions, system failures, or force majeure, up to a maximum of 7 days, or if, due to the characteristics of the Goods, the agreement between the parties to the Goods Sales Agreement stipulates that the Order fulfillment period will be different. Delivery of the Order after it has been handed over for shipment takes place within the time specified by the intermediary - supplier, depending on the choice of delivery method, but as a rule it is 2-4 business days.
- Upon logging into the User Account, the digital content comprising the video materials or online courses included in the Goods shall be deemed to have been delivered in full.
- Restriction of availability of Goods
- The Seller may reserve the right to limit the availability of a particular Product, indicating at the same time in a visible place on the Platform (within the Marketplace) or in the Order process when the content will be available (e.g., you will receive access no later than the indicated date). In such a situation, the delivery date of the Goods, indicated in section 9 above, is counted from the date on which the Goods will be available.
- The Seller may reserve the right to temporarily restrict the Goods, in accordance with the information contained in the description of the Goods (e.g., monthly access, annual access, etc.). In such a situation, after the specified period of time has elapsed, the User or Consumer will lose access to the purchased Goods, unless they make the appropriate payment before the specified deadline, by transferring the Price for these Goods to the Seller (provided that they are currently available for the next period).
- If access to a specific Product is granted for an indefinite period, the Seller may decide to disable access to a particular material.
The Service Provider reserves the right to manage Farmers' and Sellers' advertisements if they violate generally applicable laws, the provisions of the Terms and Conditions, or good manners. Moderation is carried out in accordance with the rules described in the Terms and Conditions. In particular, the Service Provider is entitled to: - changes to the category indicated by the Seller in which the advertisement is published,
- early termination or removal of the advertisement - however, agreements concluded between Users and the Seller within its framework remain valid,
- refusal to publish the Offer,
- removal of photos, text fragments, graphics, or parameters within the advertisement description.
- Disclaimers
The User, Consumer, Seller, and Farmer are obliged to use the Marketplace in a manner consistent with generally applicable law, these Terms and Conditions, the Farmer's or Seller's terms and conditions of sale, and good manners, and in particular are obliged to:
- use the Platform in a manner that does not interfere with its use by other third parties, in particular, but not limited to, through the use of malicious software;
- use the Platform in a manner that does not infringe upon any rights, property, or interests of third parties, and does not adversely affect the functioning of the Platform;
- not to disclose access data to your User Account to any third parties;
- not to distribute the purchased Goods in whole or in part without the prior consent of the Seller, and not to copy any part of the Goods.
- Exclusion of the right to withdraw from the Agreement
The Service Provider informs, and the User or Consumer accepts, that the right of withdrawal in relation to Contracts for the Supply of Digital Content, in respect of any electronic or digital Goods sold through the Marketplace, pursuant to Article 38(1)(1); 2 and 13 of the Act of May 30, 2014 on consumer rights, is excluded due to the delivery to the User or Consumer of digital content that is not recorded on a tangible medium, which is also linked to the financial market over which the Service Provider has no control, resulting in high price volatility on these markets, as well as their immediate availability.
§ 5. USER ACCOUNT AND CONCLUSION OF THE AGREEMENT
- Users
The agreement within the meaning of registering and maintaining a User Account may be concluded by adult physical persons, legal persons, and other organizational units to which separate provisions grant such a possibility. The age of majority is determined by the law of the country of origin of the User, with the minimum age for a physical person being 18 years. The Service Provider's services also include enabling the browsing of the Marketplace in sections visible to persons who do not have a User Account.
- Contract
Any action taken by the User on the Platform means that they have read these Terms and Conditions and all other documents available on the Platform, and accept their content without reservation. Registration of a User Account leads to the conclusion of an agreement for the provision of electronic services between the Service Provider and the User. This agreement is concluded for an indefinite period.
- User Account
User Account registration on the Marketplace takes place exclusively via the Internet, on the Platform. The User is required to provide the information requested in the registration form on the Platform. The Service Provider shall not be liable for any consequences resulting from third parties obtaining the password to the User Account. The User may only have one User Account on the Platform.
- Closing a User Account
Both the User and the Service Provider have the right to terminate the contract for the provision of electronic services at any time, without giving reasons. Termination of the contract by the User shall be understood as closing the User Account. In such a case, the termination of the contract shall be effective upon closing the Account by the User. The Service Provider reserves the right to terminate the agreement immediately for good cause, in particular in the event of a breach of the essential provisions of these Terms and Conditions by the User, which is primarily considered to be the dissemination by the User of information contrary to these Terms and Conditions or the principles of social coexistence.
- User Statements
The User accepts the provisions of these Terms and Conditions in their entirety, without reservations or additions, and acknowledges and accepts that the Service Provider does not guarantee the User that the use of the Platform, Marketplace, or $EDN will bring the User the expected results, outcomes, or economic or financial benefits. Furthermore, with regard to all transactions made under the Digital Content Delivery Agreement, the User accepts that the right to withdraw from the agreement is excluded due to the delivery of digital content, and with regard to transactions using $EDN, the right to withdraw from the contract is excluded due to the transfer of ownership of virtual currency, the value of which is variable over time and over which neither the Service Provider nor any other entity has any control. The User further declares that when purchasing $EDN (in any manner, including in the form of a reward), they are acting on their own behalf and for their own benefit. The User acknowledges and accepts that $EDN is not:
- a registered document, on demand or bearer, as well as a financial instrument and a participation unit or investment certificate within the meaning of the relevant national laws at the place of EDENApp's registered office;
- retail collective investment products within the meaning of Article 4. Regulation (EU) No. 1286/2014 of the European Parliament and of the Council on key information documents for retail collective investment products and insurance-based investment products (PRIIPs) and is not covered by state-guaranteed legal regulations.
§ 6. FARMER ACCOUNT AND SELLER ACCOUNT
- Registration procedure
EDEN provides a link on the Platform, in the Marketplace, and in these Terms and Conditions, where it will be possible to apply for the status and account of a Farmer or Seller on the Marketplace: https://marketeden.org/zostan-sprzedawca/. A candidate for Farmer or Seller status fills in the registration form in accordance with the facts, also ticking the necessary consents (in particular, acceptance of the provisions of these Terms and Conditions, the Marketplace Privacy Policy – available at https://marketeden.org/polityka-prywatnosci/, which, after being sent to EDEN, is subject to verification by EDEN. If the verification is positive, the candidate is granted the status of Farmer or Seller on the Marketplace, along with the features and capabilities associated with that status, in particular the opening of a Farmer or Seller account with the ability to post ads. Where necessary, EDEN may at any time, in particular during the verification process, clarify and determine additional terms and conditions of cooperation in writing, beyond those specified in the registration form, these Terms and Conditions, and other contract templates, the content of which is accepted by the candidate for Farmer or Seller when submitting the registration form.
- Individual registration
In cases selected unilaterally by EDEN, the Farmer or Seller may obtain registration on the Marketplace in the form of individual verification taking place as part of EDEN's offer to open a Farmer or Seller account in a .pdf file, followed by the determination of the details of cooperation in the form of a video call, negotiations, and documentary acceptance of the offer by both parties. The offer (after EDEN has obtained information about the planned activity of the candidate Farmer or Seller within the Marketplace) should in particular include information on whether the candidate is applying for a Farmer or Seller account, the scope of the planned Goods on offer, and the amount and terms of the commission for EDEN, as well as other aspects of cooperation.
- Individual terms and conditions
EDEN is entitled to negotiate and propose individually tailored settlement terms and additional benefits or promotional terms on the Marketplace to Sellers or Farmers. The decision to offer specific promotional or settlement terms is made unilaterally by EDEN on a case-by-case basis, and the Farmer or Seller may accept, reject, or submit a counteroffer, which is in no way binding on EDEN and is not subject to tacit acceptance; acceptance of the offer must be made in writing.
- Temporary promotions
EDEN reserves the right to offer temporary promotional terms or additional benefits to a specified group of Farmers or Sellers or candidates for such status (e.g., those who register within a certain number of days from the launch of the Marketplace). The above will be announced via EDEN's social media channels or on the Platform, together with the terms and conditions of the promotion.
- Posting content on the Platform and granting a license
- By uploading, publishing, or displaying content on the Marketplace, the Farmer or Seller grants the Service Provider a free, non-exclusive license, without territorial restrictions, for all fields of exploitation, including, but not limited to, the use, copying, reproduction, processing, adapting, modifying, creating derivative works, publishing, transmitting, storing, displaying, and distributing, translating, communicating, and making publicly available, including in the scope of automatic distribution, such as an application programming interface (also known as “API”). The Farmer or Seller agrees that this license includes the Service Provider's right to make the Farmer's or Seller's content available to other third parties, including Suppliers, for the purpose of transmission, communicate and make available to the public, distribute, or publish the User's content on the Platform or through other third-party services or other methods of distribution of such User content.
- The license specified in these Terms and Conditions also includes the right of other Farmers or Sellers on the Marketplace to use, copy, reproduce, adapt, modify, create derivative works, publish, transmit, display, and distribute, translate, communicate, and publicly share the User's content.
- After publishing an advertisement, the Farmer or Seller may edit or remove the advertisement from public view on the Marketplace, provided that there is no current, unfinished order for the Goods listed in the advertisement. However, EDEN may not be able to control the removal of a particular advertisement from public view on the Marketplace or other services where the advertisement has been distributed. A published advertisement may be edited or deleted at any time by the Farmer or Seller who posted the advertisement or by the Service Provider. Any changes made by the Farmer or Seller may be visible to Viewers. The Service Provider's right to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any advertisement posted by the Farmer or Seller, and to sublicense these rights to other persons, is irrevocable to the maximum extent permitted by generally applicable law, except as otherwise specified in these Terms and Conditions.
- The Farmer and the Seller acknowledge and agree that the Service Provider may retain the Farmer's or Seller's content and may disclose the Farmer's or Seller's content and related information if required by applicable law or for the purpose of: (a) enforcing the provisions of the Terms and Conditions; (b) respond to claims that content posted on the Platform by the Farmer or Seller infringes the rights of third parties; (c) detect, prevent, or otherwise address fraud, security, or technical issues; or (d) protect the rights, property, or safety of the Service Provider and Viewers.
- The Farmer and the Seller agree that the Service Provider may modify, adapt, or create derivative works from the content of the Farmer or the Seller for the purpose of transmitting, displaying, or distributing it on computer networks or other data transmission technologies using telecommunications, IT, and wireless networks on any medium.
- The Farmer or Seller also grants the Service Provider authorization to act as a non-exclusive representative in order to take action against unauthorized use of the Farmer's or Seller's content by third parties outside the Platform.
- The Service Provider may at any time remove or refuse to publish the User's content, in whole or in part.
- Seller's Terms and Conditions of Sale
The Seller establishes its own individual terms and conditions of sale, which apply to the User or Consumer placing an Order for a given Product and concluding a Contract of Sale of Goods with the Seller. The individual terms and conditions of sale must comply with these Terms and Conditions and applicable law; in particular, they contain provisions regarding the delivery of Goods, their characteristics, the right to return Goods, and related procedures. The Seller may use a ready-made template of the terms and conditions of sale, which is proposed to the Seller by the Service Provider and contains standard provisions. The Seller's Terms and Conditions of Sale, in the event of detecting irregularities, in particular the existence of abusive or other unlawful provisions, reserve the right to suspend the advertisement in question until the irregularities are removed, and if the irregularities are not removed within 14 days of the Seller being notified of them, to remove the advertisement from the Marketplace. If the Seller does not introduce individual terms and conditions of sale, the Seller accepts that they are bound by the provisions of the individual terms and conditions of sale proposed by the Service Provider and the remaining provisions of these Terms and Conditions.
- User Responsibility
By publishing their content on the Platform, the Farmer or Seller declares and guarantees that: (a) they have the ownership rights or have obtained all necessary licenses or permissions to use the content, offer it to Users and visitors to the Platform, and grant the Service Provider the right to use the Farmer's or Seller's content in accordance with the provisions of these Terms and Conditions, and (b) the published content of the Farmer or Seller does not infringe the intellectual property or personal rights of third parties or generally applicable laws. The Farmer or Seller assumes full responsibility for any infringement of the intellectual property or personal rights of other third parties or violations of generally applicable laws in connection with the content posted on the Platform. The User is responsible for ensuring that the content they publish does not violate these Terms and Conditions or any other rules published on the Platform or other applicable laws. The Farmer or Seller agrees to pay all license fees, royalties, and any other amounts due to any person in connection with the Farmer's or Seller's content.
The Service Provider hereby disclaims any liability for the lack of the necessary permits, licenses, certificates, or other documents or attestations required to offer and sell the Goods offered by the Farmer or Seller through the Marketplace, which makes offering through the Marketplace inconsistent with generally applicable law. The Service Provider verifies the Goods before allowing them to be advertised on the Marketplace and conducts ongoing random verification of the Goods in order to efficiently detect violations of the law, but in each case, the violator (User, Farmer, or Seller) is fully responsible for the violation.
Regardless of the Service Provider's application of the provisions of the Terms and Conditions with regard to liability, the User shall be fully liable for their actions and omissions related to the use of the Platform, and in particular may be liable for damages to the Service Provider or Users. If, in connection with a violation of the Terms and Conditions by the User, Farmer, or Seller, the Service Provider suffers damage, including penalties imposed on the Service Provider by third parties, the User, Farmer, or Seller shall be obliged to pay the Service Provider compensation in the appropriate amount. - Account closure and prohibited products
It is prohibited for Farmers or Sellers to post advertisements on the Marketplace for products containing ingredients from the List of Prohibited Ingredients, which is available at https://marketeden.org/lista-substancji-zakazanych/.
Failure to comply with these Terms and Conditions, including in particular this section 8, entitles the Service Provider to issue an electronic warning to the person committing the violation, together with a request to cease or remove the violations, and in the event of failure to comply with the request, as well as in the event of a gross violation of the Terms and Conditions or the basic principles of the Terms and Conditions and the rules of operation of the Platform, to close the User Account, Farmer Account, or Seller Account, respectively, and to block the possibility of reopening the User Account, Farmer Account, or Seller Account. Assessment of whether a given case constitutes a gross violation of the Terms and Conditions or a violation of the basic principles of the Terms and Conditions and the functioning of the Platform.
§ 7. PURCHASE AND USE OF EDENbon
- Use of EDENbon
As part of the payment for placing orders on the Marketplace, the Viewer-Purchaser has the option of partial payment for the order using a multi-purpose voucher (in accordance with the provisions of the Goods and Services Tax Act) EDENvouchers – in the form of a one-time code – under the terms and conditions set out in these Terms and Conditions. EDENbon has a value assigned to it in PLN, depending on the conditions for obtaining EDENbon (the selected EDENbon top-up amount or the value assigned to EDENbon at the time of the $EDN transaction, which the User exchanges for EDENbon). EDENbon is not assigned to a specific User – it is a universal code that can be used by any User when shopping on the marketplace.
- Obtaining EDENbon
User can obtain EDENbon via the EDENApp application by:
- purchase in exchange for the corresponding amount in fiat currency (e.g., PLN),
- exchange of $EDN virtual currency for EDENbon according to the value of $EDN at the time of transaction reporting - available only in the EDEN mobile application available for download inw AppStore (https://apps.apple.com/app/eden-app/id6444498982) and GooglePlay (https://play.google.com/store/apps/details?id=app.oureden),
in order to use it on the Marketplace. To this end, the User is obliged to provide the necessary data required during the transaction process in connection with obtaining EDENbon (including data for verification of $EDN holdings). The EDENbon code will be delivered immediately after the purchase of EDENbon to the email address assigned to the User's Account. The minimum value assigned to EDENbon is PLN 20 (in words: twenty zlotys 0/100). The User also declares that the funds used to purchase EDENbon come from legal sources, and when purchasing EDENbon in the form of an exchange of $EDN, declares that they are the owner of the $EDN.
- Delivery of purchased EDENbon
It is done electronically by sending the code of the given EDENbon to the email address provided during the purchase of the EDENbon. The EDENbon purchased by the User will be delivered no later than within 24 hours from the moment of correct payment or exchange, in accordance with the actions performed by the Viewer described in section 2 above. EDEN also indicates that in exceptional situations beyond EDEN's control, such as technical interruptions, system failures, or the occurrence of force majeure in the broad sense, the delivery of the EDENbon purchased by the Viewer may be extended to a maximum of 14 days.
- Partial and single-use EDENbon
It is permissible to use an EDENbon below its minimum value. An EDENbon can be used once; one EDENbon cannot be split into several orders. It is possible to use more than one EDENbon code for a single order. If the value of the Order is lower than the value of the EDENbons used, the fee for the order will be $0 for the buyer. The seller will always receive funds (after the necessary commission deductions specified in these Terms and Conditions) calculated according to the nominal price of the Goods at the time of placing the order. EDENbon funds used for an order exceeding the total amount of the order are forfeited and considered used.
- Settlement value
The User acknowledges that the unit of account for the purchase of EDENbon may be (depending on the form of purchase chosen by the User) virtual currencies or traditional currencies, as determined in each case by third parties or the websites of those third parties. In principle, EDEN cooperates with the following payment operators in the purchase or exchange of EDENbon:
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Przelewy24 (https://www.przelewy24.pl/) operating through PayPro Spółka Akcyjna with its registered office in Poznań, at ul. Pastelowa 8 (60-198), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP number 7792369887, with share capital of PLN 4,737,100.00, paid in full, and in the register of domestic payment institutions kept by the Polish Financial Supervision Authority under number UKNF IP24/2014. The Terms and Conditions are available at: https://www.przelewy24.pl/regulamin. As part of Przelewy24, the User may also use the functionalities offered by Przelewy24, including:
- Google Pay (http://www.pay.google.com/);
- Apple Play (http://www.apple.com/apple-pay);
The use of EDENbon does not affect the funds received by the Seller for the Order - the value of EDENbon paid to the Seller is covered by the Service Provider automatically through the payment operator.
EDEN reserves the right to change, add, remove, or modify individual payment operators, and also reserves the right to accept payments directly from the User (e.g., bank transfer) for a given transaction. At the same time, EDEN points out that individual Payment Providers (the payment operator(s) indicated above) may charge a commission for handling transactions in accordance with their terms and conditions. In each case of payment using individual Payment Providers, the User or Consumer is obliged to accept the terms and conditions of payment, as part of separate terms and conditions for the provision of electronic services, provided by that Payment Provider.
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Przelewy24 (https://www.przelewy24.pl/) operating through PayPro Spółka Akcyjna with its registered office in Poznań, at ul. Pastelowa 8 (60-198), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP number 7792369887, with share capital of PLN 4,737,100.00, paid in full, and in the register of domestic payment institutions kept by the Polish Financial Supervision Authority under number UKNF IP24/2014. The Terms and Conditions are available at: https://www.przelewy24.pl/regulamin. As part of Przelewy24, the User may also use the functionalities offered by Przelewy24, including:
- Other uses of EDENbon
The Marketplace also offers the possibility to use your EDENbon as a form of payment for functionalities other than purchases on the Marketplace, in accordance with the information provided directly on the Platform. In principle, EDENbon can be used in the following ways:
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By the User or an unregistered person:
In addition to payment for the order as described in this paragraph, as a form of payment (in full or in part) for other paid functionalities of the Platform, Application, or Marketplace, announced on -
By the Farmer or Seller:
As a form of payment for other paid features of the Platform, Application, or Marketplace dedicated to Farmers and Sellers referred to in these Terms and Conditions or announced separately on the above channels, in particular, highlighting an ad at the top of the ad page, highlighting ads, and others.
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By the User or an unregistered person:
- Exchange $EDN for EDENbon
The user acknowledges and accepts that all transactions involving the purchase, sale, exchange, or transfer of EDENbon are final and cannot be reversed.
- Verification
EDEN or cooperating entities (e.g., payment operators) may verify the User in relation to activities performed by the User in connection with the purchase or exchange of $EDN, to the extent specified in the relevant international anti-money laundering and counter-terrorist financing (AML) laws. In accordance with legal requirements, the entity performing such verification may repeat it if there are statutory grounds for doing so, including in accordance with internally applicable security procedures.
- Security
The User is obliged to protect all passwords, logins, and data enabling access to the User Account and EDENbon from access by third parties. The Service Provider shall not be liable for any consequences resulting from third parties gaining access to passwords, keys, or other data enabling access to data or funds belonging to the User.
§ 8. ORDER FOR ANNOUNCEMENT AND ORDER
- Shaping the Marketplace service
Through the Platform, under the Marketplace tab (https://marketeden.org or another tab to which the Platform currently redirects), the Seller is able to place an advertisement and sell Goods via the Marketplace managed by the Service Provider, who provides an electronic service making the Marketplace available with the functionality of placing advertisements, concluding Goods Sales Agreements, technical execution of Orders (including payments), and in the scope of selling Goods in electronic form, the Seller makes the finished Goods available under an end-user license, together with an electronic service, if any, for the purpose of processing the sale of these Goods on the Marketplace and making them available to the buyer in accordance with the terms and conditions set out in these Terms and Conditions. On this basis, the Service Provider obtains the right to receive a commission for the sale of the Goods on the Marketplace. In the case of purchasing Goods in electronic form (e.g., an e-book), they will be delivered to the buyer's e-mail address indicated in the User panel.
- Seller's statements
- The Seller is obliged to provide services related to the preparation of Goods with the utmost care required of professional entities.
- The Seller declares that they have the appropriate competence and experience necessary to prepare the Goods and make them available (in the case of Goods in electronic form to the Service Provider, in accordance with the provisions of these Terms and Conditions).
- The Seller declares that: (a) they have the capacity to enter into a contract with the Service Provider in accordance with these Terms and Conditions; (b) he/she is not aware of any factual or legal circumstances that could result in the invalidity of the agreement with the Service Provider; (c) upon delivery of the Goods, the Seller will take all actions that may be required to fulfill the indicated obligations and will act in good faith; (d) all statements and declarations made to the Service Provider will be accurate, reliable, and true.
- The Seller declares that the handling of orders for Goods via the Marketplace, or the performance of any legal or factual actions related to the Goods, does not and will not require any permits or consents obtained by any entities or third parties, except for requirements imposed by generally applicable law. In such a case, the Seller is obliged to provide the Service Provider with the necessary documents, including in particular the relevant licenses, concessions, or permits.
- The Seller undertakes to take into account any comments and suggestions made by the Service Provider in relation to the Digital Goods, if any.
- The Seller hereby authorizes the Service Provider to issue, on its behalf, an appropriate document (bill or invoice, including a VAT invoice) to the Service Provider, on the basis of which the settlement with the Seller for the Goods sold on the Marketplace will be made. At the same time, the Seller declares that it undertakes to include the document issued in accordance with the above in its settlement (including to record the document as part of its business activities).
- The seller is obliged to ensure that the price of the products offered by them on the Eden Marketplace is not higher than the price of the same products in their official online store or other official sales channel.
- The provisions of these Terms and Conditions relating to the User shall also apply to the Seller, except where separate provisions are provided for the Seller.
- Granting the Service Provider an end-user license
In order to make the Goods available for sale on the Marketplace, the Seller undertakes to grant the Service Provider a limited, non-exclusive license for the Goods for the purpose of making them available on the Platform (Marketplace), handling orders for the Goods, and other activities performed as part of the Marketplace service within the scope specified in these Terms and Conditions. The end-user license is granted for an indefinite period. Termination or dissolution of the agreement with the Service Provider may only take place after the remuneration between the Service Provider and the Seller has been properly settled, with the following reservation:- If the Goods for which an end-user license has been granted have been purchased by at least one User or Consumer, termination or cancellation of the agreement with the Service Provider does not result in termination of the end-user license. In such a situation, the end-user license between the Service Provider shall continue to apply to the availability of the Goods on the Platform to Users or Consumers who purchased the Goods before the termination of the agreement with the Service Provider. However, in such a situation, the Service Provider shall not be able to continue selling the Goods to other (new) Users or Consumers.
- If the Goods for which the end-user license was granted have not been purchased by any User or Consumer, the termination or dissolution of the agreement with the Service Provider shall take place after proper settlement between the Service Provider and the Seller.
At the same time, the Service Provider and the Seller jointly declare that:
- The Service Provider is entitled to use the Goods solely for the purposes of its business activities and for internal business purposes in relation to making the Goods available on the Marketplace on the Platform.
- The Service Provider shall not have the right to further share, resell, assign, transfer, distribute end-user licenses, or grant sublicenses to third parties.
- The Service Provider shall not be entitled to make any changes or modifications to the Goods.
- The remuneration specified below in section 4 also constitutes remuneration for the Seller for granting an end-user license to the Service Provider.
- Settlement with the Service Provider
For the effective sale of Goods on the Marketplace, resulting in the transfer of the Price to the Service Provider, in accordance with the provisions of these Terms and Conditions, the Seller is entitled to remuneration:
- The Service Provider charges a commission of 10% of the value of Goods sold on the Marketplace and a payment partner commission. The commission is charged automatically to the Seller at the moment of payment by the User or Consumer in connection with the Order and transfer of the Price.
- The remaining part – 90% of the value of the Goods sold – constitutes the Seller's remuneration for granting an end-user license for the Goods together with an electronic service (if such a service exists).
- At the same time, the Service Provider indicates that individual Payment Providers (payment operators specified in these Terms and Conditions) may charge a commission for processing transactions in accordance with their external terms and conditions. Ultimately, the value of this commission ranges from PLN 1 + 1.4% of the transaction value to PLN 1 + 4.5% of the transaction value (depending on the payment method). The amount of this commission is subject to change. The Service Provider has no influence on changes in the amount of commission charged by external Payment Providers, and the Seller is obliged to verify it each time. This commission is borne entirely by the Seller. Current commission rates are available on the STRIPE payment intermediary platform: https://stripe.com/en-pl/pricing
- Settlements for the sale of Goods on the Marketplace are made on an ongoing basis. During registration on the Marketplace, each Seller is required to undergo an onboarding process in the payment system, e.g., Przelewy24, which includes filling out a special form enabling the signing of a contract and creating a sub-account in the payment service, e.g., Przelewy24. After completing this process, payments for the Goods sold will be automatically transferred to the Seller's account, less the Service Provider's commission of 10%. Settlement between the Service Provider and the Seller takes place on the basis of an appropriate document (bill or invoice, including a VAT invoice) issued to the Service Provider.
§ 9. REPORTS AND COMPLAINTS
- Reports
All reports related to the functioning of the Platform and the provision of services through it, reports of violations by Farmers or Sellers, as well as questions regarding the use of the Marketplace should be directed to the Service Provider at the following e-mail address: hello@oureden.io, with the exception of inquiries concerning specific Goods, which should be directed to the Seller offering the Goods in question.
Reports and complaints regarding specific Goods should be submitted to the Seller offering the Goods in question. They will be supervised by the Service Provider, who, if any irregularities are noticed, may suspend the advertisement until they are removed, remove the advertisement if the irregularities are not removed within 14 days of the advertisement being suspended, and in the event of serious violations, suspend the Seller's account.
At the same time, the Service Provider emphasizes that it shall not be liable for any lack of access to services provided by Sellers or external Suppliers if it is caused by the User's breach of the previously accepted terms and conditions of provision of such services. In the event of a complaint regarding the Goods offered by Sellers, the complaint may be examined jointly with the Sellers providing these services, which may lead to a longer processing time.
- Content of the report
The report should include: the details of the User or other person reporting the violation, including contact details, the reason for the report, a detailed description, and the reason for the report.
- Consideration of the report
Within 14 days of receipt, the Seller or Service Provider shall consider the complaint and inform the User of the outcome. This period may be extended if the consideration of the complaint requires obtaining special information or if the entity considering the complaint encounters other difficulties beyond its control, or if it is necessary to obtain additional information from the User. The response to the complaint will be sent by the entity considering it to the email address from which it was received and on the Platform in the User Account section, if the complaint was submitted by the User. Sending a complaint in electronic form by the User is tantamount to consenting to receive a response from the Service Provider also in electronic form.
- Disputes
Any disputes that may arise in connection with these Terms and Conditions shall first be settled amicably, by mutual agreement between the User and the entity considering the dispute. The User acknowledges and accepts that the amicable dispute resolution procedure is a condition precedent that must be fulfilled before any legal proceedings can be initiated. In such a situation, the User or other reporting person is obliged to contact the reviewing entity in accordance with the terms and conditions described in this section of the Terms and Conditions.
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If the above condition is met, and if no amicable solution to the dispute can be reached, the provisions of these Terms and Conditions shall be settled by the court competent for the current registered office of the Service Provider, if the breach was caused by the Service Provider, or by the court competent for the current registered office of the Seller, if the breach was caused by the Seller. At the same time, the person reporting the breach acknowledges and accepts that disputes arising from these Terms and Conditions may only be considered on an individual basis. The Service Provider is in no way obliged to settle disputes as collective cases or collective actions.
- Disclaimers
The Service Provider reserves the right not to respond to complaints that are clearly unfounded, in particular where the complaint has already been considered in relation to the User concerned.
- Consumer
A reporting person who is a Consumer has the right to use extrajudicial means of dealing with complaints and pursuing claims. To this end, such a person has the option of resolving disputes electronically via the EU ODR platform available at http://ec.europa.eu/consumers/odr/.
§ 10. ADDITIONAL INFORMATION ABOUT SERVICES
- Termination of Use of Services
The Service Provider allows the User to terminate the use of the Services at any time free of charge. The ICT system provides a simple way to terminate activity on the Platform by closing the account. Closing the Seller's account is additionally subject to restrictions due to settlements between EDEN and the Seller, referred to in these Terms and Conditions.
- Security and cryptography
The Service Provider's ICT system is protected against unauthorized access to content by advanced cryptographic techniques. In addition, the unambiguous identification of the parties to the electronic service allows Users to be certain about the entity offering Goods on the Platform.
- Technical risk and safeguards
The use of electronic services may involve certain technical risks. The Service Provider recommends that Users secure their devices and Internet connections, including installing antivirus software. This is necessary to protect against unauthorized access to data.
- Software functionality and technical requirements
The user must meet certain technical requirements, such as having the appropriate equipment, an up-to-date browser with support for cookies, JavaScript, and SSL, and an active email address. In some cases, a cryptocurrency wallet is required. Information about the software's features, including cookies, is included in the Platform's Privacy Policy.
- Intervention and Technical Verification
In the event of problems with the functioning of the Services, the Service Provider has the right to interfere with the technical structure of the User Account for the purpose of diagnosis and repair. If irregularities are detected, the Service Provider may verify the User using KYC procedures.
- Data Protection and License
The Service Provider undertakes to protect the User's data by preventing access by unauthorized persons. At the same time, it ensures that all actions and modifications made in the system are aimed at maintaining the security and proper functioning of the Services.
- Contacting the Service Provider
EDEN can be contacted 24 hours a day at hello@oureden.io and on business days between 10:00 a.m. and 3:00 p.m. via the hotline at 883448827.
- Verification of compliance with the Terms and Conditions
The Service Provider may verify compliance with the Terms and Conditions by Users, Farmers, and Sellers. Verification may take place in particular by checking whether Users, Farmers, and Sellers comply with the relevant provisions of the Terms and Conditions. Verification takes place in particular by contacting the potential violator of the Terms and Conditions and recording the course of the conversation.
8.3a.
The company provides tools for reporting illegal content electronically. In order to make a report, it is necessary to fill in the appropriate form, including the fields marked as mandatory. The Company will inform the reporting person about the acceptance of the report and the decision taken without undue delay, provided that it has the reporting person's electronic contact details.
§ 11. SERVICE PROVIDER'S RESPONSIBILITY
- Responsibility
The Company provides Users with an online platform enabling them to carry out transactions and exchange content, including between Users themselves, in accordance with the rules set out in these Terms and Conditions and the terms and conditions of individual services. These functions do not mean that the Company has knowledge of the content provided by Users. In the event of a violation of the law or these Terms and Conditions by such content, the Company shall take the measures provided for in these Terms and Conditions to identify and remove it.
The Company shall not be liable for the actions of Users, Farmers, and Sellers within the Marketplace or for their possible failure to perform contracts concluded as part of transactions. Furthermore, the Company shall not be liable for damages resulting from the actions of Users or third parties if, despite exercising due diligence, it was not aware of any unlawful activities and therefore did not take the necessary steps to remedy them. The Company's liability also does not cover issues related to the quality, legality, or safety of goods offered by Users, as well as the reliability of the information provided (e.g., product reviews, advertisements, or correspondence content).
- Operation of the Platform
The Service Provider supervises the technical functioning of the Platform, striving to ensure its proper operation. However, it does not guarantee the constant availability of all functions or their error-free operation. Interruptions or errors in operation may occur and are not subject to claims by Viewers.
- Use at your own risk
The viewer uses the Platform voluntarily and at their own risk. The Service Provider is not liable for any damage related to the use of the Platform, including its temporary unavailability or errors. This also includes situations resulting from limitations or technical problems with the User's devices that may affect the use of the Platform.
- Interruptions and disruptions
During the use of the Platform, there may be interruptions in the provision of Services due to technical reasons, such as equipment failures, power outages, or the actions of third parties. The Service Provider shall not be liable for such interruptions or their consequences for the Viewer.
- Blocking and restricting access
The Service Provider has the right to block access to the Platform or its functions in the event of detecting irregularities or situations that may threaten the security of Viewers or the Platform itself. In such a case, the Service Provider shall not be liable for the temporary suspension of access to the Platform while resolving the issues.
- Data transmission costs
Access to the Platform is free of charge, but the Viewer shall cover the costs of data transmission on their own. The Service Provider shall not be liable for any fees charged for the use of data transmission necessary to use the Platform.
- Limitation of liability
The Service Provider shall not be liable for the quality, performance, and accuracy of the Platform, nor for the use of advice or information provided by other Viewers. To the maximum extent permitted by law, all liability for any damages is excluded.
- Authorized entity
All rights to the Platform, including copyrights to the Platform and its individual parts, in particular to text, graphic, and multimedia elements, as well as programming elements that generate and operate the Platform, including industrial property rights and all other derivative rights, excluding content provided by Suppliers or Operators, are reserved by the Company. multimedia and programming elements generating and operating the Platform, including industrial property rights and all other derivative rights, with the exception of content provided by Suppliers or Payment Operators, belong to the Service Provider.
- Use of content on the Platform
The transfer of content contained on the Platform to third parties is permitted only when using the tools contained on the Platform and intended for this purpose. The User, Farmer, or Seller shall not have the right to reproduce, sell, or otherwise market or distribute the source code of the Platform, in whole or in part, in particular to transmit or make it available in computer systems and networks, mobile application distribution systems, or any other ICT systems.
- License
Upon use of the Platform and acceptance of the Terms and Conditions by the User, Farmer, or Seller, EDEN grants them a non-exclusive license to use the Platform to the extent that the entity uses its Services. The license is non-transferable and is granted for the duration of the User's, Farmer's, or Seller's use of the Platform in accordance with its intended purpose and in a manner consistent with these Terms and Conditions. The non-exclusive license granted to the User, Farmer, or Seller does not authorize the above-mentioned entities to grant further licenses. Furthermore, the User, Farmer, or Seller is not entitled to engage in activities beyond the scope of the License.
- Limitations
The transfer of content contained on the Platform to third parties is permitted only when using the tools included and incorporated on the Platform in a manner intended for this purpose. The User, Farmer, or Seller shall not have the right to reproduce, sell, or otherwise market or distribute the source code of the Platform, in whole or in part, in particular to transmit or make it available in computer systems and networks. In the event of non-compliance with these restrictions, the use of the Services available through the Platform is prohibited, and EDEN may revoke the license granted. In addition, the User, Farmer, or Seller shall be liable for any violations of the law. Under no circumstances may the User, Farmer, or Seller:
- violate any generally applicable laws, including intellectual property rights;
- take any action against the Platform User community, EDEN employees, EDEN itself, the purpose of the Services, or misuse the Services; including, but not limited to, Users, Farmers, or Sellers publishing, transmitting, or sharing any information, photos, or videos that may be understood as prohibited content or content that violates good manners or the principles of social coexistence;
- modify or interfere with the Services, directly or indirectly, using cheats, exploits, automation software, bots, hacks, mods, or other unauthorized third-party software;
- harm the Services, EDEN's computers and servers, and other Users, Farmers, and Sellers, including, but not limited to, overloading servers, spreading viruses, gaining unauthorized access to the Services or other data protected by EDEN, in particular personal data, manipulating the Services and their rankings or exploiting errors in the Services or modifying any files that are part of the Services without the prior written consent of EDEN.
- Breach of rules
In the event of a violation by the User, Farmer, or Seller of the rules of use of the Platform or the terms of the license granted, EDEN shall be entitled to block the User's access to the Platform (including closing the User, Farmer, or Seller Account) and revoke the license granted. In the event of a violation, EDEN may, at its sole discretion, take appropriate action, including, in particular, removing content published on the Platform by the User, Farmer, or Seller. The foregoing does not prejudice the Service Provider's right to take other appropriate and legally prescribed actions in connection with the violation.
§ 12. COPYRIGHT AND INTELLECTUAL PROPERTY
§ 13. REVIEWS OF PRODUCTS, FARMERS AND SELLERS
- Adding reviews and ratings
Users have the option to post reviews of Goods and ratings of Farmers and Sellers. They can do so in descriptive or graphic form, sharing their experiences with the Order process, contact with the Farmer or Seller, the Goods themselves, etc. Ratings are assigned to a specific Account and Transaction, ensuring credibility and transparency. Ratings are public information, available to all visitors to the Platform. Buyers are responsible for the content of their ratings. Sellers and Farmers are responsible for the content of their responses to Seller ratings and Farmer ratings, respectively.
- Graphical assessment (on a scale) and descriptive opinion
It is possible to evaluate the Seller (in connection with the purchase of Goods, including returned or undelivered Goods) or the Farmer (in the case of transactions conducted outside the Marketplace, in connection with which the opinions cannot be verified by the Service Provider):
- ratings on a scale of 1 to 5 in terms of parameters such as the conformity of the Goods with the description and the quality of service, and
- in the form of a descriptive (verbal) opinion, which allows the buyer to recommend or advise against the purchase of a given Product, describe their experience with the Seller, Farmer, or purchased Product. A Seller who has received a negative review has the opportunity to respond to it once.
- Reviews and ratings that violate the rules
Opinions should be consistent with the actual course of the Order and may not contain illegal content, profanity, contact details, advertising content, or commercial information. The Service Provider does not interfere with the content of opinions and reviews, but reserves the right to edit or delete them in special cases, such as violation of the regulations or the law.
In a situation where a review violates applicable law, copyright, or the personal rights of others, the Service Provider has the right to edit or delete it. This also applies to reviews that are illegible, duplicated, refer to other Goods, or contain defamatory or dishonest content. The Farmer or Seller to whom (or whose Goods) the opinion relates may request the Service Provider to remove the opinion on these grounds.
- Transparency of reviews and ratings
Ratings and reviews are public and available to all visitors to the Platform. Users are responsible for the content of their reviews and ratings, and in the event of a violation of the rules, they may be removed or blocked by the Service Provider. The buyer may edit or delete their rating within 90 days of the date of conclusion of the contract.
- Evaluation of Goods
In addition to ratings and reviews of Sellers and Farmers, Users may also add reviews of Goods, including their advantages and disadvantages. These reviews are presented in the “Product Review” tab and are available to other Users to assist them in selecting Goods. Opinions about Goods may also be rated by Users who have made a purchase within the last 12 months.
- License
By adding a review, the User grants the Service Provider and its partners, as well as the Farmer or Seller (whose Goods the review concerns), a license to use this content in various ways, including recording, distributing, and making it publicly available. The User also agrees to the creation of reviews and their free use by the Service Provider, waiving their copyright in this regard.
- Ratings manipulation
Posting ratings solely for the purpose of manipulating the Seller's credibility, e.g., by artificially inflating or deflating ratings, is prohibited. If the Service Provider detects such activities, it has the right to intervene, including removing such reviews.
§ 14. ANONYMIZED CONVERSION ANALYSIS AND STATISTICAL DATA
- Analytical and marketing data processing
As part of the Eden marketplace, we use analytical technologies, including enhanced conversion tracking, offered by our technology partners, such as Google LLC, Meta Platforms Inc., and other providers of analytical and marketing tools. The data processed may include information about user activities (e.g., purchases made, products added, clicks).
The processing of this data is based on legitimate interest (Article 6(1)(f) of the GDPR) and is intended to:
- ensuring the proper functioning of the marketplace,
- conducting anonymous statistical analyses,
- optimization of marketing campaigns and social media features.
The data is processed in an anonymized or pseudonymized manner, and only trusted technology partners have access to it.
The user has the right to object to such processing by contacting the data controller. Details can be found in our Privacy Policy.
§ 15. FINAL STATEMENTS
- Amendment to the Terms and Conditions
The Service Provider has the right to amend these Terms and Conditions without giving any reason. The Service Provider will then announce the changes in a visible place on the Platform. If the User does not agree to the amendment of the Terms and Conditions, they have the right to terminate the agreement.
- Transformation or assignment
The User acknowledges and accepts that the Service Provider may transfer all rights and obligations arising from the implementation of the provisions of these Terms and Conditions to another entity, person or third parties, including the transfer of rights and obligations to another, newly established company as a result of transformation.
- Proper jurisdiction
The provisions of these Terms and Conditions and any disputes between the Service Provider and the User shall be governed by the laws applicable at the current registered office of the Service Provider.
- Invalidity
The lack of legal basis or incompleteness of any of the clauses contained in the Regulations does not invalidate the entire Regulations. These provisions shall be amended to those that best reflect the meaning and purpose of the existing provisions.
- Proper language
These Terms and Conditions may be translated into many other languages, including using Google machine translation. In the event of any misunderstanding or contradiction, the Polish language version of these Terms and Conditions shall prevail.