2. CONSUMER WITHDRAWAL
2.1 In the event Customer is a ”consumer” (”consumer”), all relevant laws and regulations shall apply to the consumer.
2.3 The right of Withdrawal applies where:
3. MEMBERSHIP AND PAYMENT
3.1 Sello offers Customer an initial free trial period where Customer is given a possibility to try the Services free of charge. The free trial period offered by Sello entitles you to use the Services free of charge for a period of 14 days from the moment that you register an account to use the Services. During the free trial period Sello suggests that you try the relevant functions and features of the Services to evaluate whether you wish to become a paying Customer by the end of the free trial period. You are only entitled to one (1) free trial period. To continue using the Services after the free trial period you are required to become a paying Customer.
3.2 Your monthly payments to Sello consist of a fixed fee and a variable fee depending on the profits made. The variable fee corresponds to a percentage of your monthly sales (turnover) The variable fee is calculated by Sello on a monthly basis and the amount to be paid corresponds to a percentage of all your sales (VAT excluded). You can find all fees here.
3.4 Sello shall debit Customer in arrears for the Services. Customer’s Payments to Sello shall be made by one of the payment methods set out below:
3.5 Any late payment shall accrue interest according to the Swedish Interest Act. In the event of non-payment by the Customer Sello retains the right to inactivate the Customer’s account.
3.7 Sello reserves the right to make general price adjustments and to amend the payment methods referred to above in its absolute discretion. Sello also retains the right to increase the prices for individual Customers in case of violations of the conditions set out in paragraph 6.1 f. Such changes shall be announced in due time before they take effect.
3.8 Sello further reserves the right to downgrade Customers from a premium account to a free version account if the Customer is not actively using the Services for marketplaces other than Tradera for a period of three months. In case of a downgrade, any additional services and features that are included in the premium account will be terminated.
4. PRIVACY AND SURVEILLANCE
4.2 Sello does not monitor all content generated by Customer and has no obligation to do so. However, Sello reserves the right to monitor all content generated by you when you use the Services, including your customers’ personal data, and to edit, delete or remove any content Sello finds inappropriate. Such deletion or removal may be performed without prior notice. Sello shall not be liable for any direct or indirect/consequential losses for any loss of data.
5. WARRANTIES BY SELLO
5.1 Sello’s websites and applications are provided on an as-is basis and Sello does not provide any express warranties including without limitation regarding the standard, delivery, timing and security of the Services. Sello does not guarantee that the Services will be provided without interruptions nor that the Services are free from defects and other errors. Sello shall take reasonable measures to ensure the availability of the Services. Sello does however not guarantee any percentage rate of availability of a specific function, website or application included in the Services.
5.2 Sello may suspend the provision of the Services, for example in case of scheduled maintenance or in the event of a virus, worm, trojan or other attacks on Sello’s IT environment.
5.3 Sello reserves the right to modify, suspend, remove and amend the Services, including the content of the Services, in its own discretion and without prior notice. Amendments that significantly alter Customer’s use of the Services will, however, be announced in due time prior to their entry into force.
5.4 Sello is not responsible for services or any other activities provided by its associated partners. Sello shall not be held responsible for any measures taken by its associated partners, including but not limited to changes in ownership, insolvency and/or litigation.
6. WARRANTIES BY CUSTOMER
6.1 Customer represents and warrants that:
(d) Customer owns the intellectual property rights to the content it has inserted and processes in the Services. Customer thus warrants that the content and/or products cannot be held to be defamatory, offensive or in any other way lead to a claim that may lead to extra costs incurred by Sello.
(e) Any information provided by Customer is correct and legal.
(f) Customer shall not damage, interfere with or prevent access to the Services or otherwise harm the Services. Customer shall only use the Services to an extent which can be considered as standard. If Customer uses more server power and data than standard and this adversely affects other Customers, Customer will be warned. If Customer continues using the Services with extensive resources, notwithstanding Sello’s warning, Customer will be blocked from further use of the Services, without any reimbursement of payments already made to Sello.
6.3 Customer shall bear all costs relating to the use of the Services, including but not limited to contributions to the Internet Service Provider (“ISP”).
9. LIMITATION OF LIABILITY
9.2 Any claim for compensation by Customer must be made at least two (2) months after the date when Customer first became aware of the breach.
10. COMPETITION AND NON-SOLICITATION
10.1 Sello shall have the right to co-operate and/or enter into agreement with any other third party including other customers and Sello shall have no restriction on competition. Sello may further independently develop, sell and use products and other material even if similar to products or other material sold by Customer.
12. TERM AND TERMINATION
14. ENTIRE AGREEMENT
15.3 Sello and Customer understand and agree that their relationship hereunder is one of contract and that they are not and shall not be construed as partners, joint ventures, or agent and principal. In no event shall either party be authorized to act for or on behalf of the other party.
16. LAW AND JURISDICTION