General Terms and Conditions
Sellvio Kft., as a Service Provider, determines in the framework of these General Terms and Conditions (GTC) the conditions under which the Service provided by it may be used.
By using the Web Store, Users accept that all regulations related to the use of the Web Store System apply to them and acknowledge them as binding on them. If the User does not accept this agreement and its amendments, he is not entitled to use the Web Store System and the User is obliged to terminate the agreement on the date of entry into force of the amendment.
The agreement between the parties is concluded by using the service.
By accepting these Terms and Conditions, the User declares that he is using the Service in the course of his business activities. This agreement is considered a contract concluded between enterprises.
1. Definition
Provider/SELLVIO: ErdSoft doo
User: a person over 18 years of age and legally capable, or a representative of a business organization; and in each case registers on behalf of himself or the business organization he represents, by providing his real personal data and contact information.
Webshop/Webshop System: Webshop System provided by the Service Provider for the purpose of selling services, goods, services, including administration interfaces and functions undertaken in various packages.
Service: Webshop System provided by Sellvio.
Availability: the availability period includes only the availability of the ordering (cart function) and product presentation (frontend) functions of the webshop.
2. Subject of the contract, order
2.1. Within the framework of this contract, SELLVIO provides a Web Store System as a service to its registered Users in the framework of different fee packages.
2.2. The User orders the selected service on the service provider's website, using the menu item designed for this purpose. SELLVIO can also purchase the selected fee package by bank card payment based on the selected fee package. The User pays the service fee in advance for the service period by the payment deadline.
2.3. By placing an order, the User undertakes to pay the service fee.
3. SELLVIO’s obligations
3.1. Webstore service: SELLVIO provides the User with a webstore system (Webstore), on which the User can present and sell their products. SELLVIO provides the User with the right to use the Webstore as defined in these General Terms and Conditions.
3.2. SELLVIO ensures that the ordered webstore has functions that correspond to the characteristics of the subscription package (see: sellvio.com/hu/csomagok ).
3.3. SELLVIO assigns a storage limit to each subscription package, the unit of measurement of which is defined in gigabytes (hereinafter: GB) (see: sellvio.com/hu/csomagok ). SELLVIO provides information to the User about the storage usage through the Webstore System interface.
3.4. SELLVIO provides the User with a theme selection service available on the Web Store administration interface (hereinafter referred to as the Theme Selector), which allows the User to modify the appearance of the Web Store at their own discretion and responsibility. By using the Theme Selector, the User accepts that future system updates that affect the selected theme will be automatically applied. The User further accepts that SELLVIO assumes no liability for changes and errors that may arise as a result of or in connection with the modification.
3.5. During registration, the User is obliged to provide real data that can be linked to him/her. If SELLVIO becomes aware that the data provided by the User contains (also) non-real elements, it has the right to partially or completely restrict his/her access or exclude him/her from using the Web Store System.
3.6. It is also possible to order integrated services. The User can enter into a contract with a partner of SELLVIO (hereinafter referred to as the “Partner”) for the use of applications (hereinafter referred to as “Applications”) on the administration interface provided by SELLVIO for the Web Store system (hereinafter referred to as the “Web Store System” and the related administration interfaces together: “System”).
3.7. The User acknowledges that Integrated Services are services provided by third parties, and that ordering them requires a contractual relationship between the User and the third party governed by separate terms and conditions.
3.8. SELLVIO shall immediately notify the User of any circumstances that have come to its attention that would prevent or significantly hinder Availability for a longer period of time. The provision contained in this point does not automatically exempt the User from the obligation to report an error.
3.9. SELLVIO is entitled to partially or completely restrict the services in case of detection of illegal or inappropriate user use, or to suspend or terminate the service with simultaneous notification to the User.
3.10. In case of detection of activity that violates the law or other regulations, or suspicion thereof, SELLVIO is entitled to access the data processed by the User, to provide access to authorities (if the access is legal and justified), and to use them in order to prevent damage, while complying with data and confidentiality protection rules.
3.11. During the performance, SELLVIO may use a subcontractor. Conditions for involving a subcontractor: The subcontractor is responsible for the performance of the subcontractor in terms of both quality requirements and deadlines as if the work had been performed entirely by the subcontractor; SELLVIO ensures that its subcontractor acts in accordance with the business confidentiality undertaken by SELLVIO.
3.12. During the performance of this contract, SELLVIO is not responsible for detecting and correcting incorrect data recording by the User, or for the resulting troubleshooting and repair.
3.13. For maintenance and customer service purposes, SELLVIO’s operating staff are entitled to log in to the administration interface of the User’s Web Store, modify settings there, carry out test processes, and place measurement codes on the website that facilitate optimization and troubleshooting. In this case, SELLVIO’s staff may access the personal data of those registered on the web store. SELLVIO is a data processor with respect to the personal data of the Web Store customers and acts in accordance with the applicable data protection regulations. The parties shall stipulate the rules of data management in a data processing agreement.
3.14. SELLVIO ensures the 0-24-hour availability of the Web Store service with 99.9% availability per calendar year. The maintenance period announced in advance to the users is not included in the guaranteed availability period. SELLVIO will do everything possible to ensure that the Web Store service operates smoothly during the maintenance period.
3.15. If, due to a delay in providing information by the User or other reasons, SELLVIO is unable to maintain the agreed availability due to circumstances beyond its control, SELLVIO is obliged to inform the User thereof immediately, if possible. SELLVIO is not liable for any failure to perform due to reasons beyond its control (e.g. malfunction of the internet connection, malfunction caused by a third party), further malfunctions arising from such reasons and the related restoration work provided by SELLVIO based on mutual agreement shall be considered as the announced maintenance time according to Section 3.14 of the Availability.
4. User obligations, technical requirements
4.1. User is obliged to pay the service fee in advance in the relevant month and accept SELLVIO's contractual performance. User is obliged to provide SELLVIO with the necessary assistance for the performance of the service.
4.2. The User is responsible for managing, recording and administering the products found in the User's web store. SELLVIO does not participate in the sales process in the User's registered web store, has no relationship with the customers, and the User is the only party to the contract with them. The User is solely responsible for the authenticity of the products and services found in the web store and for the purchase and sale. Any legal disputes related to commercial activities are resolved solely between the User and the customer, or the User and the relevant authority.
4.3. The User is obliged to comply with all legal obligations related to purchases, webshop operation and the performance of electronic commerce activities (indicating real company data at all times, publishing delivery and payment methods, withdrawal and warranty rights, etc.), and to set any changes to the company data on the administration interface of his webshop. SELLVIO provides tools for this through the functions of the service. In the event of failure to comply with the information obligation, SELLVIO has the right to suspend the public part of the service accessible to visitors until the deficiencies are corrected.
4.4. The User is obliged to ensure that the rights, legitimate interests of third parties and the provisions of applicable laws, in particular consumer protection rules, are not violated during the use of the webshop service and the performance of his business activities.
4.5. If a violation of the law is detected, SELLVIO is entitled to restrict the availability of the web store (block the admin interface), suspend the service, and cooperate with the relevant authorities and courts in order to detect violations.
4.6. The User shall manage the access rights of the User's employees to the system with the administrator designated for this purpose. The User may add, delete employees, modify the data of existing employees, and activate or deactivate employees.
4.7. The User shall store the administrator passwords of the web store securely, in order to prevent unauthorized persons from accessing them; the User shall be liable for any damage caused by the User in this regard.
4.8. The User may not transfer the services provided by SELLVIO to a third party without the express written consent of SELLVIO, as this shall be invalid.
4.9. SELLVIO shall regularly make backup copies of the Web Store data and check their integrity.
4.10. In order to perform the contractual obligations undertaken by SELLVIO in these GTC, it is necessary for the User to have appropriate hardware and software tools. The User must ensure the following technical conditions for proper operation:
4.10.1. The Web Store is a SaaS (Software as a Service) web-based software service requiring an Internet connection.
4.10.2. SELLVIO operates the Web Store on servers provided by it. It is not possible to operate the service on servers specified by the User and not provided by SELLVIO.
4.10.3. The login conditions are as follows:
• Broadband Internet connection;
• A computer capable of running the above Internet browser;
• Knowledge of an active user name and password;
• Only one login can be performed at a time with the user name and password used for login.
4.10.4. The conditions for work are as follows:
• Login conditions are met;
• The User has paid the current service fees and has no overdue debts to SELLVIO.
4.10.5. Supported browsers and their versions:
• Mozilla Firefox latest version
• Google Chrome latest version
• Opera latest version
• Microsoft Edge latest version
• Android Browser Android latest version
• Google Chrome for Android latest version
• Opera Mobile Browser latest version
• Apple iPad Safari latest version
• Apple OS X Safari latest version
4.10.6. If the user experiences an error in a browser version earlier than the ones listed above, SELLVIO is not obligated to fix it. It is recommended to update the browser version to resolve the error.
5. Fees, payment terms
5.1. In the case of an order, the User pays the usage fee to SELLVIO in advance. The service is activated when the User has paid the fee for the first period.
5.2. SELLVIO records the amount paid and provides the User with the use of the system depending on their subscription structure.
5.3. Payment can be made by bank card in the case of monthly and annual packages. In the case of payment by bank card, the User accepts that the service fee will be deducted automatically in the time interval selected by them. Subscription fees already paid are not refundable by SELLVIO.
5.4. Within 5 working days after the payment has been settled (credited), SELLVIO issues an electronic invoice for the subscription to the User, which it sends to the email address provided by the User, then approves the subscription for the period and conditions specified in the fee package, thereby activating the Web Store. The subscription period begins on the day of activation.
5.5. If SELLVIO is unable to provide the requested service within 15 days of the bank credit due to technical reasons, it will inform the User in writing. The subscription packages, which determine the duration of the service, the fee, the usable web store functions and the maximum number of products that can be sold in the registered web store, can be viewed on the SELLVIO website (https://sellvio.com/en/packages). SELLVIO reserves the right to change the service fees without retroactive effect.
5.6. The regular net service fee is calculated based on the subscription structure (as follows). The User makes the payment in Serbian Dinar (RSD) to the SELLVIO account.
5.7. If the User is 15 days late in paying the due service fee, SELLVIO is entitled to partially or completely restrict the webshop service (e.g. blocking the webshop admin interface for the User).
5.8. SELLVIO's service fee is also payable for the period of suspension due to payment delay.
5.9. In the event of payment delay exceeding 30 days, SELLVIO is entitled to terminate the contract with immediate effect and delete the webshop.
5.10. Subscription packages
The exact list of subscription packages and the functions and restrictions included in them can be viewed at https://sellvio.com/en/webshop-features.
SELLVIO reserves the right to unilaterally modify these functions and restrictions. The monthly package is billed every 30 days, while the annual package is billed every 365 days.
Other services are not part of the Web Store System. The User accepts that separate fees may be charged for their use.
5.11. Discounts
SELLVIO is entitled to announce (package) discounts. The announced (package) discounts cannot be merged or combined with each other.
6. Usage Rights
6.1. The graphic and content elements of certain parts of the Service, as well as the source code associated with them, are protected by copyright and other intellectual property rights.
6.2. The User receives a non-exclusive right of use from SELLVIO for the duration of the use of the Service. This license is territorially unlimited and is always limited only to the time for which the User settles his fees and payment obligations to SELLVIO.
6.3. The User may not transfer (sublicense) the usage rights to third parties and may not issue sublicenses for their use. The User may not modify, change, supplement them, combine them with other content, or create derivative works based on them. SELLVIO does not provide the source codes to the User.
6.4. If the User infringes SELLVIO's copyrights, he/she shall initiate legal proceedings in the competent court in accordance with the applicable legal regulations in order to terminate further infringement, obtain reasonable legal remedies, return any unjust enrichment, and claim compensation.
7. Limitation of liability
7.1. The User may use the services solely at his own risk and responsibility. SELLVIO excludes his liability for any material damage or injury resulting from the violation of personal rights arising in connection with the use of the service and any breach of contract to the fullest extent permitted by law, i.e. he is not liable for them. SELLVIO excludes liability for indirect damage, in particular for loss of income or profit, loss of data, damage to “good name”. The limitation of liability does not apply to liability for intentional breach of contract or for damage to human life, physical integrity or health.
7.2. SELLVIO assumes no liability for the conduct of the User towards its own customers, but cooperates with the authorities in investigating any possible violations.
7.3. SELLVIO is not liable (i) if the service is suspended in the manner prescribed by law in order to protect national defense, national security, economic and public safety, or other interests; (ii) due to a suspension resulting from a malfunction or inadequacy of the devices used by the User to use the service; (iii) due to incorrect, unprofessional or improper use of the service, other than for the purpose specified in the General Terms and Conditions or the subscription; (iv) due to a breach by the User of the obligations set out in the General Terms and Conditions or legal provisions; (v) due to an interruption or suspension of the service, in particular due to an interruption resulting from an interruption, overload, malfunction or other error of the Internet service. SELLVIO is also not liable for any loss of profit.
7.4. SELLVIO and the User are exempt from contractual performance of the service and any liability for damages related thereto in the event of a force majeure event. Force majeure is any extraordinary event occurring after the conclusion of a contract, making its performance impossible, which the contracting parties could not have foreseen or prevented, and which cannot be traced back to the conduct of either party. Such events may include in particular: a state of emergency, strike, war, revolution, terrorist acts, natural disaster, fire, flood, epidemic, quarantine restrictions, transport embargo, etc.
8. Termination of Service
8.1. SELLVIO provides its services for an indefinite period of time until the express termination or termination of this contract, i.e. from the confirmation of the Order and the start of the provision of the Services.
8.2. The User is entitled to terminate this contract without giving any reason, by means of a written notice sent electronically, on the last day of the fee payment period. The User is not entitled to a refund of the service fee already paid by him before the termination of the contract. After termination, the webshop will operate until the end of the prepaid period, then it will become inactive. All data of the shop will be deleted 60 days after becoming inactive. If the User does not request the deletion of his personal data separately, they will remain in the SELLVIO database, and the User expressly consents to this.
8.3. The User is entitled to terminate this Agreement with immediate effect if SELLVIO unlawfully terminates or suspends the User's webshop, or increases the service fee unreasonably to an extent that cannot be explained by market and economic circumstances. In this case, the User may demand payment of the pro rata part of the paid service fee from SELLVIO.
8.4. SELLVIO is entitled to terminate this Agreement by means of a written notice sent electronically, without giving any reasons, with a 30-day notice period. The notice period shall begin to run from the date the notice is sent to the User.
8.5. SELLVIO may terminate the Agreement with immediate effect in the following cases:
8.5.1. The User is in arrears with the payment of the service fee due for more than 30 days;
8.5.2. In the event of force majeure for more than 60 days.
8.5.3. Bankruptcy, liquidation, or receivership proceedings have been initiated against the user, or the user has otherwise become insolvent.
8.6. Extraordinary termination of the contract may only be made in writing - by registered letter with return receipt addressed to the party in breach of the contract or by email sent to the email address provided during registration.
8.7. SELLVIO is entitled to immediately suspend the operation of the User's web store without prior notice, and then, if the reason for the suspension persists for more than 30 days, to delete the web store data for the following reasons:
8.7.1. The User displays or sells a product or service in violation of the law or regulation in his web store. Radioactive, toxic and explosive substances, chemical products harmful to the environment, protected animal and plant species, human or animal organs, drugs, pornographic materials are considered to be particularly illegal content.
8.7.2. The User chooses a store name that is classified as unethical by SELLVIO.
8.7.3. In the event of any account debt.
8.7.4. The User displays non-real company data on the interface of his web store.
8.7.5. In case of displaying violent, racist or inciting content against any individual, congregation, group or organization.
8.7.6. In case of using irrelevant keywords or description fields in the content or code of the web store.
8.7.7. In case of displaying misleading or manipulative content.
8.7.8. In case of using malicious program code.
8.7.9. If the User's web store is affected by an attack aimed at blocking the service (so-called "Denial-of-service" - DoS attack (also towards other servers)), an attempt to violate identification or security measures, or an attempt to gain unauthorized access to other customer identifiers, computers or networks.
8.7.10. In case of sending bulk unsolicited e-mails (SPAM) to persons registered by the User on the store's administration interface.
8.7.11. In case of displaying any content that damages the reputation of SELLVIO or the service.
8.7.12. In case of displaying or advertising any competing product or service of SELLVIO or the service.
8.7.13. If complaints are received regarding the User's web store to such an extent that they already affect the reputation of SELLVIO or the service.
8.8. If SELLVIO deletes the User's web store for the above reasons, the User is not entitled to compensation or a refund of the subscription fee, and he cannot claim the content of his web store from SELLVIO.
8.9. After 30 days of termination of the contract for any reason, the web store data will be permanently deleted and cannot be restored.
9. Amendment of the Contract
SELLVIO reserves the right to unilaterally amend the GTC with non-retroactive effect, of which the User is obliged to inform the User in advance on the Web Store System interface, which can be rented as an online service, in a newsletter sent by SELLVIO, or in a notification sent to the e-mail address provided by the User on his/her profile page. If the User does not agree with the amendment, he/she may terminate the contract in writing (e-mail) with effect from the date the amendment comes into force, however, he/she is not entitled to claim a refund for the service fee paid up to that point.
SELLVIO records the content of the GTC and archives the invalidated GTC after the amendment, which are also available to the Users at a later date. Archived versions of the GTC are available here: https://sellvio.com/en/terms-of-service.html.
10. Customer Service
10.1. The method of communication between the User and SELLVIO is in writing, between the address support@sellvio.com and the e-mail address provided during the User's registration or set up on the administration interface.
10.2. The e-mail address support@sellvio.com can be used to report errors. In the case of an error report, the letter includes the operating system used when the error occurred, its version number, data on any updates, the name and exact version number of the browser, the time the error occurred, the steps taken up to that point, and the URL address at which the error can be viewed. If the service also issued an error code, it should also be included in the letter.
10.3. SELLVIO undertakes to comply with the response times at all times under the following conditions. The response time shall be calculated from the time it is registered by SELLVIO, but no later than 9:00 on the first business day following the posting. The response time includes the time it takes for customer service to respond to the reported error and begin troubleshooting. Troubleshooting time is not included in this response time.
11. Use of Web Store Data
11.1. SELLVIO may access and analyze the following data of the User's Web Store: number of visitors, number of orders, revenue, basket value, conversion, revenue by product category, admin usage, integrations and application usage.
11.2. The purpose of accessing and analyzing the Web Store data is for SELLVIO to explore product development opportunities relevant to the User and to provide the User with an offer, in particular to provide information about higher subscription packages or its own new product.
11.3. SELLVIO is not authorized to publish or transfer to third parties or transfer to third parties unique and identifiable data related to the Web Store. SELLVIO does not publish or transfer data broken down into individual Web Stores or Web Store names.
11.4. SELLVIO may publish the Web Store data only in aggregated form, i.e. in a form that does not allow identification, and may only name web store categories. The form of publication by SELLVIO may be a public blog post, social media post and newsletter.
12. Special rules for integrated services
12.1. The rules of these GTC apply to the Integrated Services with the following exceptions; however, in the event of using the Integrated Services, the User's client (hereinafter referred to as the "Client") also accepts the Partner's GTC (hereinafter referred to as the "Partner GTC").
12.2. The Integrated Services are displayed and advertised on the SELLVIO website. The Integrated Service and its technical support, invoicing and fee collection are always provided by the Partner.
12.3. SELLVIO is not liable for the Partner's Integrated Service, for any errors, malfunctions or problems or damages resulting from the operation of the Integrated Service. SELLVIO does not check the details of the Integrated Service, and is not liable for its content or suitability for a specific purpose. The Partner is liable for the Integrated Service in accordance with the provisions of these GTC and in accordance with the laws.
12.4. In order for the Integrated Service to function, it must be configured. The User must configure the connection settings in the Integrated Service or at the Partner, and the Partner will provide support.
If the User later wishes to terminate their account for any reason or to delete the data stored by the Integrated Service, they must contact () "Partner name" for this purpose, who must comply with their request in accordance with the applicable laws.
12.5. The User can disable the Integrated Service in the "External Services" menu on the product card of the given Integrated Service on the SELLVIO administration interface, using the switch designed for this purpose. By disabling the switch, the Integrated Service will temporarily cease to function, and the data connection between the Partner and the SELLVIO System will be interrupted. If an Integrated Service operating on a subscription basis is disabled, the subscription will not be canceled.
12.6. The Partner is obliged to publish its contact details (telephone number and email address) on its own website, through which it can be reached by the User.
12.7. In case the User wishes to use the Integrated Service, he must open an account with the Partner, which in some cases also requires the conclusion of a contract between the User and the Partner. This contract is concluded exclusively between the User and the Partner.
12.8. The User shall in all cases configure the Integrated Service on the SELLVIO administration interface by entering the configuration parameters provided by the Partner.
13. Final Provisions
SELLVIO and the User shall make every effort to resolve any disagreements or disputes that may arise between them under or in connection with this contract through direct negotiations. The parties are mutually obliged to inform each other of any circumstances that arise after the conclusion of the contractual relationship and impede the performance of the contract immediately after they become aware of such circumstances. The legal relationship between the parties shall be governed by Serbian law, and the court with jurisdiction and competence in Subotica shall have exclusive jurisdiction to resolve any legal dispute.
Dated: Subotica, 2023.12.06.
Effective Date: 2023.12.06.
