General conditions
The Application is offered in the form of a Google Chrome extension. Sellevate collects, processes and reinterprets data from bol.com. The data will be obtainable manually at any time. Sellevate offers this data in the Application for the benefit of business sellers on bol.com, thus strengthening its position. All information that Sellevate collects and presents is drawn from freely available information on bol.com. This information can also be collected with manual labor. Sellevate respects the boundaries and frameworks set by bol.com. Furthermore, the Application is offered in the form of a subscription (the Service) and purchased by individuals and/or companies (the User).
Article 1 - General
- In these Terms and Conditions, "Sellevate" means Sellevate B.V. registered with the Chamber of Commerce under number 84409134 located at Lauwerecht 3, 3514 BA Utrecht.
- The Terms apply to anyone who visits the Website, uses the Application or any other legal relationship of Sellevate.
- Per agreement between the User and Sellevate, the Terms and Conditions may be explicitly deviated from. Any deviation must be accepted in writing (by e-mail) by Sellevate.
- Upon request, the terms and conditions will be sent free of charge. They are also available at www.sellevate.nl/voorwaarden.
- Sellevate is allowed to unilaterally modify these Terms and Conditions at any time. If there is a modification, it will be announced in writing (by e-mail). The new Terms and Conditions will come into effect as of said date or at least after fourteen days after the announcement of the amendment.
- If the amended terms and conditions are not agreed to by the User, there is the right to terminate the agreement. Termination should take place before the day the new terms and conditions take effect. Sellevate is not obliged to compensate any costs or damages as a result of User exceeding the notice period. In case of termination, subscription fees already paid will not be refunded.
- If any part of the Terms is void or voidable, this does not change the validity of the rest of the Terms. The void or voided part will be replaced by a provision that follows as closely as possible the content of the void provision.
Article 2 - Rules of use of the Application
- User may not use the Application in a manner that violates Dutch or other applicable laws or regulations.
- User may never impersonate anyone else and will only provide their own personal information when creating an account.
- The following may not be distributed on the Application or Website:
- Pornographic videos, images or other media with erotic content;
- Texts or images that are offensive, racist, discriminatory or hateful;
- Unsolicited advertising (spam);
- False or misleading information;
- Viruses, malware, spyware or other software intended to cause damage to computers owned by us or other users.
- User is responsible for the use of the Application and the Website.
Article 3 - Availability of the Application
- Sellevate makes every effort to have the Application function as well as possible. However, no guarantee is offered that the Application will be optimally available at all times.
- Payments may not be suspended by the User by invoking defectiveness of the Application or the Website.
- Sellevate will correct programming or design errors as soon as possible. Should Sellevate judge that errors are so disruptive, it will assess whether a price reduction is appropriate.
- Sellevate reserves the right to make changes to the Application and Website. Major changes will be announced in advance whenever possible. If new functionalities are added to the Website or Application, they are not automatically covered by the existing Service.
- Sellevate is not liable for damages suffered due to incorrect information on the Application.
Article 4 - User account
- To create an account, a minimum age of sixteen is advised by Sellevate. Users under the age of sixteen should seek permission from their parent or legal guardian.
- A (non-exclusive) right to use the Website and Application is granted to User by Sellevate. It is strictly prohibited to transfer this right or make it available to a third party.
- When entering into a Service with Sellevate, a contract is entered into for at least one month. This is tacitly renewed each time until termination by one of the parties.
- The Service can be cancelled free of charge on a monthly basis. Cancellation is possible by logging into app.sellevate.co.uk or via the account menu to stop the Service at least three days before the next debit.
- The Service cannot be terminated prematurely. Amounts already paid cannot be reclaimed unless otherwise provided by law.
- The User will provide its correct data at all times and in case of changes to this data, the User should inform Sellevate as soon as possible.
- User shields its login information from others and keeps its password strictly confidential. It may be assumed by Sellevate that everything that happens on or with the User's account is done by it or under its supervision.
- If user suspects abuse of their account, they will contact Sellevate as soon as possible.
- When creating an account, User is responsible for choosing whether she is registered as a company or as a private person. Adverse situations through a wrong choice are always the responsibility of User.
- User shall behave in an appropriate manner as may be expected of a careful User. Any instructions from Sellevate regarding the use of Application or Website will be followed by User.
Article 5 - Prices and payment
- The Service is offered for a fixed amount per month. This amount is exclusive of sales tax (VAT) and other charges, unless explicitly stated.
- Subscription fees are automatically debited monthly on the same day the Service is concluded by User, starting in the next month after conclusion.
- If the User is in default by not paying on time, Sellevate is allowed to suspend the Service. In such a case, Sellevate is not obliged to compensate any costs or other damages incurred.
- In case of overdue payment, the User shall owe legal interest on the outstanding amount. Sellevate will send a letter of default and demand payment. Should the User fail to pay, Sellevate will pass on the claim and the User will be liable to pay the extrajudicial and judicial costs in full.
- If there are any problems with payment or the User has any questions and/or comments about payment, she should contact Sellevate as soon as possible. By Sellevate, any problems will be resolved appropriately.
- Sellevate reserves the right to adjust the agreed price by written notification (e-mail) to the User. This will be announced at the latest one month in advance.
- If User does not agree with the price adjustment, it may proceed to cancel the Service. Cancellation must be made no later than three days before the next billing date. Any subscription fees paid will not be refunded.
- In the event of termination by either party, the obligation to pay outstanding payments will not lapse.
Article 6 - Exclusion.
- If Sellevate is of the opinion that User violates the law or these Terms and Conditions, User may be (partially) excluded from the Service. Also, User may be excluded from the Service if payment is not made on time or at all.
- Exclusion from the Service includes:
- Discontinue the Service for User.
- Block components of the Service for User.
- If the User has not paid one month after the invoice date, Sellevate is entitled to exclude the User from the Service if it has sent a payment reminder to the User.
- Sellevate is also entitled to dissolve the agreement without further notice of default in writing (e-mail) if the other party is placed under guardianship or administration or when it applies for a moratorium and/or is (provisionally) granted such. In addition, Sellevate may dissolve the Service if the other party is in a state of bankruptcy or has filed for bankruptcy.
Article 7 - Secrecy
Sellevate undertakes to keep all User's confidential information confidential. By 'confidential information' is meant all information that the User has indicated is confidential and/or whose confidentiality arises from the nature of the information. Personal data as referred to in the General Data Protection Regulation will only be released by Sellevate if there is a legal obligation to do so.
Article 8 - Other provisions
- Sellevate does not collaborate with bol.com in any area whatsoever. Sellevate should be seen as an independent company.
- Sellevate advises User to exercise caution at all times when using the Application and to respect the limits set by bol.com on its website.
- Immediately after gaining access to Application or Website by closing a Service, the User should thoroughly inspect the Application and/or Website and report any defects to Sellevate. If the User fails to do so, any right to damage caused by any defect that the User should have detected will be forfeited.
- In case of fraud, non-payment or other unlawful acts, we may keep some of User's data in a registry.
- Sellevate will never exploit User data resulting from the use of functionalities in the Application unless Sellevate uses these data to improve Application for the benefit of the User.
- The use of the Application is always anonymous with respect to other User.
- Sellevate advises the User to be careful at all times when using the Application and to respect the limits that bol.com has set for its website. Therefore, by using the Application, the User declares that he or she never, ever holds two active user accounts simultaneously on a digital data carrier. No distinction will be made between a paid subscription or a free trial.
- By using the Application, the User declares that he or she is fully aware of the most recent versions of the various general terms and conditions used by bol.com. This applies both to (not exclusively) the general terms and conditions of using the bol.com website and the general terms and conditions that apply to having and using a business sales account on bol.com.
- Data resulting from the use of the "Product Tracker" feature in the Application is shared between Users, however, this data is not personally traceable between Users of the Application.
Article 9 - Liability
Sellevate is not liable for:
- Direct or indirect damages suffered as a result of using Website or Application, regardless of whether the claim is based on a warranty, contract or any other legal principle;
- Direct or indirect damages suffered due to (incorrect) information on Website or Application, regardless of whether such information comes from Sellevate or third parties;
- Exceeding a specified deadline. These are never to be considered deadlines;
- Damages resulting from third party errors or damages resulting from the unavailability of the application, for reasons beyond our control;
- Defects to the Application or Website resulting from actions of the User or other Internet users;
- Any damages suffered due to inaccessibility of the bol.com website and all related parts of bol.com and its subdomains and/or denied access to the bol.com website and all related parts of bol.com and its subdomains;
- Any other force majeure situation that prevents Sellevate from fulfilling its obligations. Sellevate is then entitled to suspend the execution of the Service. If this situation continues for more than two months, the User obtains the right to terminate the Service via the website or in writing (e-mail) without Sellevate being bound to compensate any damage suffered.
Sellevate's liability to the User, for whatever reason, is limited to the fee payable by the User under the Service for a period of three months prior to the time when the damage occurred.
Article 10 - Privacy Policy
All personal data collected by Sellevate is processed in accordance with the General Data Protection Regulation (AVG). A comprehensive privacy statement can be found on the website www.sellevate.nl/privacy. By entering into the Service, the User consents to the processing of its personal data by Sellevate.
Article 11 - Indemnification
By using the Application, the User indemnifies Sellevate against claims, demands and (damage) compensation from third parties. This limitation of liability does not apply in case of malicious intent or conscious recklessness by Sellevate.
Article 12 - Intellectual property
- A license is granted to Sellevate by User to use anything it uploads without restriction. This license is:
- non-exclusive;
- Cost- and rights-free;
- Transferable;
- Worldwide.
- Sellevate grants User a non-transferable and non-exclusive right of use with respect to intellectual property rights to the extent necessary for the use of the Application and/or Website.
- All intellectual and industrial property rights related to the Application, the Website and other services and/or actions offered, provided or manufactured by Sellevate belong to Sellevate.
- It is prohibited for User to reproduce, modify, translate or reconstruct the Application, Website and/or other services of Sellevate.
Article 13 - Disputes.
Dutch law applies to all legal relationships entered into with Sellevate. Unless otherwise prescribed by law, the Gelderland District Court is competent to take cognizance of any disputes.
GENERAL TERMS AND CONDITIONS Sellevate B.V. These Terms and Conditions (the Terms and Conditions ) apply to any use of the Website"sellevate.nl" (the Website ) and the Chrome extension ˜Sellevate' (the Application). In addition, the Terms and Conditions apply to all services offered by Sellevate B.V.(Sellevate).