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Retailer Agreement

Beerinbox.eu/.es RETAILER AGREEMENT

By clicking the “I AGREE” button located below or by offering any Products for sale on the Beerinbox.eu/.es Craft Beer Marketplace, using any of the Beerinbox.eu/.es Services, or using any of the Beerinbox.eu/.es Tools (admin panel), you agree to be bound by all terms and conditions of this Agreement.

Beerinbox.eu/.es reserves the right to make changes to this marketplace seller agreement at any time. Changes to this marketplace seller agreement are effective when the changes are posted to the Site. Continuing to sell items in our marketplace will constitute your agreement to the new marketplace seller agreement. It is your responsibility to review the changes and decide if you want to continue to use our marketplace. Changes to the marketplace seller agreement may occur without notice to you.

1. BEERINBOX.EU/.ES ROLE

Through the Beerinbox.eu/.es Marketplace enable you to sell your Products to third party buyers (“Customers”). You may only sell those Products you have the legal right to sell and must do so consistent with the terms and conditions of this Agreement. All transactions from Customers are done to the third payment provider’s connected to Beerinbox.eu/.es Marketplace and further transferred to you, and you will be the seller of record.

2. REFERRAL FEES AND PAYMENT

    a)Registration on Beerinbox.eu is FREE! - Thanks to our new Partners we are able to offer this service free of charge! Add your Brewery, Brewpub on our map, upload your beer colection and our beer lovers can easily find you.

    b)Beerinbox.eu/.es will earn a referral fee equal to a 10% percent of the gross sales proceeds from the sale of Products (i) including all shipping and handling, gift wrap, and other charges, and (ii) excluding VAT taxes. Beerinbox.eu/.es will remit to you the total amount it collects from the sale of Retailer’s Products, less the Referral Fee, for Products shipped in each 14-day period within 7 days of the end of such 14-day period.


    3. SECURITY DEPOSIT

    a)To ensure our customers before to activate a seller account on Beerinbox.eu/.es Marketplace, you must pay in a security deposit in the sum of 200 euros.

    b)Beerinbox.eu/.es reserves the right to seek reimbursement from the seller’s security deposit if we, in our sole discretion, decide to reimburse the buyer, provide a refund to the buyer if the seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from a buyer's credit card issuer for the amount of the buyer's purchase from the seller.

    c)The amount of the security deposit may vary from the amount of sales.

    d)The security deposit will be paid back within 7 days after the seller's account is closed on Beerinbox.eu/.es Marketplace.

4. ACCOUNT SET-UP

You must login with an existing account or complete the Site registration process to create an account with a user name and password (the “Account”) in order to make full use of selling on the marketplace. You may not share your password with anyone. You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Site through your Account will be deemed as being used by you. Beerinbox.eu/.es is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.

5. Retailer Product Content and Retailer Trademarks

You may provide certain product information and any related media, materials, links, images, and other content (together, the “Retailer Product Content”) in connection with this Agreement. You represent and warrant that all Retailer Product Content you provide is truthful and accurate and is in compliance with all Retailer Policies and that you will not use Retailer Product Content to redirect end users of the Beerinbox.eu/.es Sites to any other sales channels. You hereby grant Beerinbox.eu and its affiliates, and its service providers and marketing partners, a non-exclusive, royalty-free, perpetual, sublicensable, irrevocable right and license (a) to publish, reproduce, display, distribute, transmit and otherwise use Retailer’s name, trademarks, service marks, and logos (“Retailer Marks”), and (b) to publish and perform, reproduce, distribute, transmit, display, modify, create derivative works of, and otherwise use and commercially exploit all Retailer Product Content, in each case in connection with the Beerinbox.eu/.es Marketplace Program (including without limitation advertising, marketing and promoting the Products, other products, or the Marketplace Program through the Beerinbox.eu/.es Sites, third party websites, e-mail, social media or any other medium). Beerinbox.eu/.es and its affiliates may permit Customers, other users of the Beerinbox.eu Sites, and other third parties to share and post Retailer Product Content on their websites, applications, and social media outlets.

6. Required Product Information

    a)Retailer Product Content. In order to list a product for sale on the Beerinbox.eu/.es Sites, you must provide all requested Retailer Product Content. A list of the data elements required for each Product can be found here. If the Product fits into a category that is subject to specific product guidelines, you may be required to provide additional Retailer Product Content for those types of products.

    b)Inventory Feed. You will (i) use commercially reasonable efforts to provide Beerinbox.eu/.es at least every hour with an error-free updated inventory feed for those Products where inventory levels have changed since the last inventory feed provided for such Product, and (ii) provide Beerinbox.eu/.es with a daily inventory feed for all Products.

    c)No Unlicensed Content. If you do not have but need a license from the brand owner or supplier to use certain content related to a Product, do not provide that content to Beerinbox.eu/.es.


    7. Pricing and Availability

    a)Items you list for sale are in your possession (drop shipping, pre-orders and special orders not permitted), available for immediate purchase at the listed price, and match the detailed information on the release page.

    b)You can require a minimum order value or size, but not assess a surcharge based on the value or size of an order.

    c)The price of your listed items must be equal to or less than your pricing on other sites.

    8. TAXES

    a)It is the seller’s responsibility to collect and remit any taxes associated with a transaction. Beerinbox.eu/.es may provide tools that allow a user to charge sales tax on transactions, but Beerinbox.eu/.es will not be held responsible for the collection or lack of collection of any taxes due to the use of these tools. Beerinbox.eu/.es is not responsible for determining when tax should be charged.

    9. SELLER RESTRICTIONS

    a)Sellers cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Items listed for sale must be listed on the correct item page and an accurate description of the products description must be given. The accounts of sellers may be limited in a matter that allows them to make a certain amount of transactions within a given time at the sole discretion of Beerinbox.eu/.es Marketplace transactions must take place between two different individuals, organizations or entities. Beerinbox.eu/.es reserves the right to refuse service to anyone at any time for any reason.

    b) Sellers are not permitted to charge buyers fees for PayPal or any form of payment processing. Any handling fees should be included in the cost of shipping. Buyers will only be responsible for paying the listed price of items plus shipping and shipping add-ons, such as insurance and tracking. No charges may be added as a percentage to the order total, with the exception of taxes as required by law.

    c)It is a violation of policy to require buyers in certain regions to use a specific payment method when other options are also available. For example: A seller in the Netherlands cannot require buyers to pay by Bank Transfer only, when they also accept PayPal payments from buyers in other regions.

    d) Asking the buyer to send PayPal payment as a "gift" or "personal payment" is not permitted.

    10. Privacy and Responsibility

    a)Beerinbox.eu/.es is not responsible for, and will not mediate, any order disputes. You will be selling directly to Beerinbox.eu/.es users, NOT via Beerinbox.eu/.es

    b)Beerinbox.eu/.es reserves the right to block or close a seller's account for abuse or poor performance.

    c)Items you list for sale must not violate copyright, trademark, or other intellectual property rights. For example, you are prohibited from selling unauthorized reproductions of items, such as bootlegs, counterfeit, copies, etc.

    d)You hold Beerinbox.eu/.es immune to any claim of damages, loss, or inconvenience howsoever caused.

    e)Using buyer contact information for marketing, or any purpose outside of fulfilling their order, is not permitted.

    f)Beerinbox.eu/.es reserves the right to block a user for poor conduct in the Beerinbox.eu/.es Marketplace. Beerinbox.eu/.es also reserves the right to cancel a user's account and / or block a user from using any of Beerinbox.eu/.es services if the user appears to be abusing the system maliciously, without paying any compensation.

11. REQUIRED COMMUNICATION

Beerinbox.eu/.es requires you to provide timely support to the customers of our marketplace, please make sure that all communications are kept within our online messaging center. All messages should ideally be replied to within 24hrs. Please resolve all customer issues related to the Beerinbox.eu/.es marketplace within 48hrs if possible. You are also required to change the status of an order in your admin page on Beerinbox.eu/.es. Changes in status could include but are not limited to: canceling an order, refunding an order or alerting a customer about a missing item from their order. When you mark an item as shipped with tracking or shipped without tracking an automatic email will be sent to the customer alerting them of the status change. Do not contact customers directly unless replying to a question, alerting them of an order status update, or responding to a complaint.

12. SHIPPING EXPECTATIONS

All orders should be shipped to customers within 48hrs. If you use your own shipping method all orders must reach the Buyer within the quoted time frame of 6-8 business days (standard shipping) and 3-4 business days (expedited shipping). You can also use our delivery services, using our customer number and our discounts. All your parcels using our account will be billed once a month and must be paid within 7 days. As part of the Seller Agreement you are contracted to adhere to, it is your responsibility to deliver the items contained within an order to the Buyer and you waive your ability to win any disputes if the customer says the package did not arrive due to not having Delivery Confirmation or Tracking. The Seller waives the ability to win any disputes if the customer says the package did not arrive.

    13. PAYMENTS

    a)After a Completed Sale occurs Beerinbox.eu/.es credits the net proceeds from the sale to your account. Keep in mind that refunds to buyers, selling fees, and other transactions are debited against amounts credited to your Account from sales. The funds in your Account will be automatically transferred to your designated checking account for Completed Sales on Monday & Thursday of each week. To receive funds, you must provide bank account information within Europe Union. Payments will be made in EURO

    b)As a security measure, Beerinbox.eu/.es may, but is not required to, impose transaction limits on some or all sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. Beerinbox.eu/.es will not be liable to seller: (i) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us for a security reason, or (ii) if we permit a buyer to withdraw from a transaction because of issues involving the Account.

    c)If Beerinbox.eu/.es reasonably concludes based on information available to us that seller's actions and/or performance in connection with the Site may result in buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with this marketplace agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any seller actions and/or performance in connection with this marketplace agreement. We will not be liable to seller if we act in accordance with the provisions of this Section.

    14. RETURN POLICY

    a)For all of your products you will accept and process returns, refunds and adjustments in accordance with this marketplace seller agreement and the Beerinbox.eu/.es Refund and Returns Policy published on the Site at the time of the applicable order, and we may inform customers that these policies apply to your products. Customers are not subject to restocking or refund processing fees when a Seller applies a refund. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to buyers in connection with Beerinbox.eu/.es marketplace purchases, using functionality we enable for your account, and will route all such payments through Beerinbox.eu/.es. We will provide any such payments to the buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid. We may offset such payments against any amounts to be remitted or paid by Beerinbox.eu/.es to seller under this marketplace agreement or seek reimbursement from seller via any of the means authorized under this marketplace agreement. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable Beerinbox.eu/.es Refund and Returns Policy and as required by law, and in no case later than thirty (30) days after the obligation arises.

    15. Ratings and Reviews.

    a)Beerinbox.eu/.es may use mechanisms that rate or review, or allow shoppers to rate or review, your Products and your performance as a seller and Beerinbox.eu/.es may make these ratings publicly available. Beerinbox.eu/.es will have no liability to you for the content or accuracy of any ratings or reviews. You will have no ownership interest in or license to use any rating or reviews posted on the Beerinbox.eu/.es Sites.

    b)Communication with buyers should be courteous, relevant and appropriate.

    c)Feedback should be left as a final indication of your satisfaction, not as immediate retribution for an unresolved problem.

    d)Asking a buyer to leave feedback before agreeing to cancel or ship an order is not permitted.

    e)Asking buyers to visit an external site, or otherwise circumventing the marketplace, is prohibited.

    16. TERMINATION

    a)The seller can terminate participation in our Beerinbox.eu/.es marketplace at any time by written notice to Beerinbox.eu/.es. Beerinbox.eu/.es reserves the right to monitor user accounts to determine if policies or laws are being broken. Beerinbox.eu/.es reserves the right to remove or edit any content supplied by users. Any illegal or fraudulent activity may be reported to law enforcement or other third parties. Upon termination, seller must pay Beerinbox.eu/.es any fees that were incurred prior to the effective date of termination, and any pending transactions will be canceled.

    b)Beerinbox.eu/.es reserves the right, upon termination, to offset against any payments to be made to seller, an amount determined by Beerinbox.eu/.es to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with marketplace purchases from seller's account for a prospective three-month period. At the end of such three-month period following termination, Beerinbox.eu/.es will disburse to seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from seller via any of the means authorized in this marketplace agreement for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.

17. DISPUTES

Because Beerinbox.eu/.es is not directly involved with transactions between buyers and sellers, you agree to release Beerinbox.eu/.es from claims, demands, and damages related to transaction disputes. If a dispute arises, buyers and sellers are expected to deal with each other to come to a resolution. At times, Beerinbox.eu/.es Customer Service may step in to mediate disputes between Buyers and Sellers on our platform. During mediation, Beerinbox.eu/.es Customer Service may apply full or partial refunds to resolve disagreements, any and all refunds are at the discretion of the Customer Service Team.

    18. JURISDICTION

Any claim against Beerinbox.eu/.es in relation to our marketplace shall be adjudicated in a court in Malaga City, Spain and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by Spanish law, without regard to conflict of laws principles thereof.