Terms for advertising and selling products on OREA

1. Introductory provisions

1.1. This website is owned by Orea Bazaar d.o.o., with its registered office at Lanište 18, Zagreb, Republic of Croatia, OIB 03402308165 ("OREA"). Handmade and one-of-a-kind products from the countries supported on the platform are sold through www.oreabazaar.com.

1.2. A Seller on the website is a business entity, or a natural person carrying on a business activity, that has registered as such on the OREA platform, accepted these terms for advertising and selling on OREA, and paid the Fee for a given period of advertising and selling its product.

1.3. To avoid any doubt in interpreting these terms, the parties record the following:

• By accepting these terms and paying the Fee for a period of advertising and selling its product on OREA, the Seller enters into a contractual relationship with OREA and takes on all rights and obligations under these terms towards OREA.
• In a sale on the OREA platform, the Seller enters into the sale contract directly with the Buyer. The Buyer and the Seller therefore take on mutual rights and obligations directly. OREA does not assume rights or obligations on behalf of the Buyer or the Seller and is not obliged to perform any right or obligation connected with a sale made through the platform, unless these terms or OREA's general terms of business expressly say so.
• By creating a virtual shop on the OREA platform, the Seller agrees to sell its products to Buyers under the general terms of business. By accepting these terms, the Seller confirms it has read, understood and accepted those general terms, which govern the sale relationship with the Buyer that arises when the Seller's product is sold on OREA. The Seller warrants to OREA that it will observe all rights and obligations under the general terms, in particular those in clauses 6 to 8.
• By creating a virtual shop on the OREA platform, the Seller remains fully responsible for its own regulatory compliance, including but not limited to paying taxes and other public charges on time, obtaining and maintaining the permits required to sell its products, and meeting obligations on proper storage, material composition, product declarations and instructions for use.

1.4. For clarity, the following terms have the meanings set out below:

"Buyer" means a natural or legal person interested in buying, or who has bought, a Seller's product through www.oreabazaar.com.

"Seller" means a natural or legal person who advertises and sells products through OREA.

"Verification" means the process by which OREA opens a Seller's virtual shop on www.oreabazaar.com.

"Service" means opening a virtual shop and the content available on www.oreabazaar.com.

"Fee" means the agreed monthly amount the Seller pays OREA for using the Service.

"Commission" means the agreed percentage margin OREA charges the Seller on each sale made on www.oreabazaar.com.

2. How a virtual shop is opened

2.1. OREA wants every Seller and Buyer to have a secure, working virtual shop, which is why Sellers go through a verification process when they register a virtual point of sale on the platform.

2.2. Sellers apply to register a virtual shop by clicking "Create a shop" [oreabazaar.com/shop/create]. They are then asked for a precise description of the products they intend to sell, clear photographs of the products from several angles taken without filters, the time needed to make a product (where it is made or sourced only after an order), and an appropriate certificate of authenticity or other proof of originality.

2.3. OREA decides whether to approve or refuse an application to open a virtual point of sale within 7 days.

2.4. If an application is refused, OREA explains the reasons by email. If the Seller remedies the shortcomings that caused the refusal, OREA approves the opening.

2.5. Once an application is approved, the Seller is invited to pay the Fee as set out in clause 3.

2.6. OREA runs the verification process under this clause for each product the Seller wishes to advertise and sell on the platform.

3. The fee for advertising and selling on the OREA platform

3.1. The monthly Fee for advertising and selling a product through a virtual point of sale is EUR 0.25. OREA will charge VAT on that Fee where applicable, that is, while OREA is registered for VAT.

3.2. The Fee amounts stated are exclusive of VAT.

3.3. Paying that amount entitles the Seller to advertise and sell one product for one month from the day the virtual shop is activated.

3.4. The Fee can be paid through the Monri pay secure online card payment system.

4. Advertising and selling through the OREA platform

4.1. Where the Buyer chooses online banking, payment is made through the Monri pay secure online card payment system.

4.2. The purchase price is received into OREA's account. By the fifteenth day of the month following the month of the sale, OREA transfers the amount collected for that sale to the Seller, less OREA's commission.

4.3. OREA's commission is 7% of the purchase price, with the purchase price taken as the VAT-inclusive amount. OREA charges VAT on that 7% where applicable, that is, while OREA is registered for VAT.

4.4. OREA transfers the funds to the Seller's bank account as given when the virtual point of sale was opened.

4.5. OREA issues the Seller an invoice for the commission charged, by email, no later than the fifteenth day of the month following the month of the sale.

4.6. By accepting these terms, the Seller confirms it is aware of the consumer right under EU law to withdraw from a distance contract (for example an online purchase) without giving a reason, within 14 days of receiving the product. Where a Buyer exercises that right, OREA must refund the purchase price, given that within the withdrawal period the collected purchase price is likely still in OREA's account and not yet transferred to the Seller. The Seller does not dispute this obligation of OREA's in any way. The Seller undertakes to notify OREA without delay of the receipt and condition of a returned product, in line with clause 6 of the general terms. The Seller also confirms it is aware of the Buyer rights under clauses 4.2.7, 4.2.10 and 7 of the general terms, which may result in a refund. This clause applies accordingly in those situations.

4.7. Where a Buyer exercises the right to a refund under clauses 4.2.7, 4.2.10, 6 and 7 of the general terms, OREA and the Seller agree the following as to the Commission and the refunded purchase price:

(a) For refunds under clauses 4.2.7 and 6 of the general terms — where the Buyer is refunded because they did not collect an ordered product despite a proper delivery attempt, and where the Buyer withdraws unilaterally without giving a reason — OREA waives its right to the Commission.

(b) For refunds under clauses 4.2.10 and 7 of the general terms — where the Buyer is refunded because of the Seller's delay or a material defect — OREA is entitled to the Commission despite the refund to the Buyer.

4.8. In the cases under 4.7(b), if the full refund was paid to the Buyer from OREA's business account before that amount had been transferred to the Seller, OREA recovers the Commission for the refunded product from the purchase price of the Seller's other products on the platform.

5. The seller's rights and obligations

By opening a point of sale on OREA, the Seller takes on the following obligations and warrants that:

• it sells only its own products on OREA, or products it is fully entitled to sell under all necessary legal and contractual authorisations;
• it enters accurate and truthful information into its virtual point of sale, and in particular presents its products accurately and truthfully and provides accurate, truthful photographs;
• it gives accurate information about product availability times;
• it fulfils orders received through the platform as quickly as possible;
• it respects third parties' intellectual property rights;
• it is familiar with data protection principles and Regulation (EU) 2016/679 (the GDPR), in force since 25 May 2018, and will observe those principles when processing buyers' personal data obtained through OREA;
• it will notify OREA without delay of any obligation to refund all or part of the purchase price under clauses 4.2.7, 4.2.10, 6 and 7 of the general terms, and in particular where the Buyer exercises that right before the purchase price has been transferred from OREA's account to the Seller's;
• no court or administrative proceedings are pending, and it is not aware that it may be party to proceedings that could adversely affect its ability to perform its obligations under these terms or the general terms of business;
• it will properly perform every obligation under the general terms of business, in particular those on issuing invoices, fulfilling orders properly and on time, the consumer's right of unilateral withdrawal, and consumer rights arising from any material defects;
• it will compensate OREA for all material and non-material damage OREA may suffer through the Seller's breach of these terms, of the general terms of business, or of good commercial practice.

6. OREA'S rights and obligations

6.1. Registering a virtual point of sale creates no partnership, joint venture or other contractual relationship between the Seller and OREA beyond the one set out in these terms.

6.2. OREA gives the Seller no guarantee of any sales result on the platform.

6.3. OREA accepts no liability, in any circumstances, for loss or damage the Seller or a Buyer they dealt with on the platform may suffer.

6.4. OREA accepts no liability, in any circumstances, for the Seller's obligations arising from or connected with clauses 6 and 7 of the general terms.

6.5. OREA may be liable to the Seller for the following, where the Seller suffers damage through OREA's intent or gross negligence arising from:

• use of, or inability to use, the Services;
• the statement of a price, shipping, or any other guidance for buying a product;
• delay, interruption or irregularity in the use of the Services;
• a computer virus;
• irregularities in how long, or in what manner, the Seller's products are displayed on the platform.

6.6. Where OREA causes the Seller damage under the preceding paragraph, OREA's liability is limited to the Fees the Seller paid over the last three months.

7. Suspending an account

7.1. OREA may suspend an account, that is, the Seller's point of sale. Suspension means deleting the Seller's point of sale.

7.2. Grounds for suspension under this clause are breaches of the Seller's contractual obligations under these terms and the terms of business, breaches of fair dealing, or causing material or non-material damage to OREA, to another Seller or to a Buyer.

7.3. OREA may suspend a point of sale whether or not it is active at the time, and whether or not the Seller has paid a Fee that has not yet expired.

7.4. Where OREA decides to suspend while the Seller's Fee has not expired, OREA first sends a warning, giving the Seller 8 days to remedy the problem. If the Seller does not remedy it within 8 days, OREA suspends them once that period passes. Where the Seller commits serious breaches, or where it can reasonably be foreseen that they will not remedy the problem within 8 days of the warning, OREA may suspend them with immediate effect.

7.5. A Seller suspended while their Fee has not expired is not entitled to any refund of the Fee.

7.6. Suspension under this clause may be temporary or permanent, depending on the seriousness of the Seller's breach.

7.7. Regardless of any suspension under this clause, where the Seller's conduct causes OREA damage, the Seller must compensate OREA in full.

8. Governing law and jurisdiction

8.1. OREA and the Seller agree to try to settle amicably any dispute arising out of or connected with these terms or the general terms of business.

8.2. Where an amicable settlement is not possible, OREA and the Seller agree on the jurisdiction of the competent court in Zagreb, Republic of Croatia.

8.3. The law of the Republic of Croatia applies to all rights and obligations arising out of or connected with these terms or the general terms of business.

9. Final provisions

9.1. OREA may amend or supplement these terms at any time without prior notice, and will publish the amended terms at www.oreabazaar.com. Sellers are notified by email at least 8 days before an amendment takes effect.

9.2. These terms were last updated and published on 4 November 2022.