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COMMISSIONER CONTRACT
no. ( ), ended on ( ), about the order ( )
(............ ..), established in ( ), VAT number ( ), registered with the Trade Registry under no. ( ), represented by ( ), as SELLER hereafter referred to as the "Seller"
(........... ...), established in ( ), VAT number ( ), registered with the Trade Registry under no. ( ), represented by ( ), as BUYER, hereinafter referred to as the "Buyer"
and
EURO DOMO CONSULT S.R.L., established in Bucharest, Aleea Dobrina nr. 4, sector 2, VAT number RO15841060, registered with the Trade Registry under no. J40/14216/2003 represented by Mihail Gheorghe, General Manager, as a COMMISSIONER BROKER, hereinafter referred to as "Commissioner broker"
Hereinafter referred to as "the Parties" and "the Parties" respectively, have agreed to conclude this Commission Contract (hereinafter referred to as the "Commission Contract"), as set out below.
Preamble
Between (............... ..), as Seller, on the one hand, and (.............), as Buyer, on the other hand, together with EURO DOMO CONSULT S.R.L. as Commissioner broker, read and understand the Terms of Use, Privacy Policy, Product Listing Policy and Intellectual Property Rights (IPR) that are found on the domoonline.com trading platform.
1.DEFINITIONS
"Commissioner broker" means EURO DOMO CONSULT S.R.L. or any of its successors;
"Account" is the account with no. ( ), Opened by EURO DOMO CONSULT S.R.L. at Garanti Bank Bucharest
"Amount" is the amount ( ), according to your order ( ), paid by the Purchaser to be deposited and distributed to the Seller, by the Commissioner broker, under the provisions of this Commission Contract.
"Working day" means any day of the week, excluding Saturdays and Sundays or those that are prescribed by law as legal holidays or declared non-bank days; Unless otherwise stated, any reference to days shall be deemed to be made on business day.
"Calendar Day" means any day of the week, including Saturdays and Sundays, as well as those days that are legally prescribed as legal holidays.
"Order completion" means that the Buyer has gone through all the stages of the order until the completion, as a result of receiving an email from the domoonline.com platform, from contact@domoonline.com, with the Order Confirmation specification.
"Order Confirmation" means that the Buyer's order has been successfully completed and that the Seller has received an email from contact@domoonline.com with this specification.
"Status" is a different status that can be changed by Seller and EURO DOMO CONSULT S.R.L. via the domoonline.com platform to highlight the different order statuses.
Status "Pending payment by bank transfer" is the fact that the EURO DOMO CONSULT S.R.L. account is expected to be credited by the Buyer with the amount of money specified in the Order Confirmation, at which point an email from contact@domoonline.com with this specification is sent to the Buyer .
Status "Accepted Payment" or "Remote Payment Accepted" means that the amount of money was found in the EURO DOMO CONSULT S.R.L. Account, at which point an email will be sent to the Buyer from contact@domoonline.com with this processing confirmation Payment, which has the invoice issued by EURO DOMO CONSULT S.R.L. attached.
Status "Shipped" means that the merchandise has been shipped from the Seller. Thus the previous status is updated. At that time an email from contact@domoonline.com is sent to Buyer with this specification and has the invoice from the Seller attached.
Status "Delivered" means that the merchandise was received by the Buyer in good condition and the Buyer agrees to its payment under the Commission's Agreement, at which point an email will be received by Buyer from contact@domoonline.com, with This specification, the status being updated by the Seller following the confirmation of the delivery and acceptance of the product.
2.ACCOUNT
2.1 EURO DOMO CONSULT S.R.L. agrees to act as a Commissioner broker in the sense of administering, storing and distributing the amounts of money paid by the Buyer under the terms and conditions stipulated in this Commission Contract.The money will be transferred by the Buyer, based on invoices issued by the Commissioner Broker through the trading platform domoonline.com.
2.2.Throughout the duration of the Commission Contract, EURO DOMO CONSULT S.R.L. is the only one entitled to administer and distribute the amounts of money in the Account, in accordance with the terms and conditions of this Commission Contract.
3.OPERATION OF THE ACCOUNT
3.1.Account Crediting
3.1.1.Upon completion of the order, the Buyer will receive an email with the "Order Confirmation" specification as well as another "Pending Payment By Bank Transfer" email containing the Account that he / she has to credit with the related amount as a result of the Order confirmation. When money will be retrieved to the Account, EURO DOMO CONSULT S.R.L. via domoonline.com changes the status to "Payment Accepted" or "Remote Payment Accepted",and an email will be sent with that specification.
3.1.2. EURO DOMO CONSULT S.R.L. will maintain the Amount in the Account in order to guarantee the Seller's good execution until the merchandise reaches the Buyer and the Seller will update the previous status in the "Delivery" status.
3.2.Make Payment of Account Amounts
3.2.1.The prerequisite for EURO DOMO CONSULT S.R.L. to transfer the above amount to the Seller's account, is that EURO DOMO CONSULT S.R.L. receives within 3 working days from Buyer the status" Delivery accepted" via domoonline.com. If, within three business days, EURO DOMO CONSULT S.R.L. does not receive any delivery status from the Buyer,it is considered that the products were received in good conditions, which means EURO DOMO CONSULT S.R.L. can transfer the money to the Seller. If the Buyer sends out the status "Delivery not accepted" via the domoonline.com platform, this means that one or more of the terms regardind products or delivery were not respected, so the money will not be transferred to the Seller until the dispute is resolved .
4.THE COMMISSION CHARGED BY THE COMMISSIONER BROKER
4.1.The commission for each transaction displayed to be viewed and accepted by the Seller when the settings are entered by EURO DOMO CONSULT S.R.L. is the Seller's responsibility as set forth in this Commission Contract.
4.2.The commission mentioned in art. 4.1 will be retained on the date of transfer of the amount from the part attributable to the Seller.
4.3.The commission is due to the Commissioner broker for the services provided under this Commission Contract and will not be reimbursed in any way.
5.THE RIGHTS AND OBLIGATIONS OF THE COMMISSIONER BROKER
5.1.The Commission Broker has the obligation to administer the Account Amounts in accordance with the provisions of this Agreement and to carry out all other obligations set forth in this Agreement.
5.2.The Commission Broker will issue, at the request of the Parties, account statements. Account statements and information on the amounts transferred will be issued in accordance with the practice of the Commissioner broker.
5.3.In the event of a dispute between the Parties or between any of the Parties and third parties regarding their rights and obligations arising from this Agreement, EURO DOMO CONSULT S.R.L. shall be entitled to suspend the distribution of the Amount until settlement of the dispute between the Parties during this EURO DOMO CONSULT S.R.L.period, Interest, none of the Parties, for the amounts in the Account.
6.LIABILITY OF THE COMMISSIONER BROKER
6.1.The Commission Broker's obligations and responsibilities are set forth only by the provisions of this Commission Contract.
6.2.The Commission Broker may not be required to perform any operation under this Commission Contract that is inconsistent with the law or the rules and policies of EURO DOMO CONSULT S.R.L. , with the provisions of any competent court or authority or that can not be done for reasons beyond EURO DOMO CONSULT S.R.L.’s control.
6.3.Except for the obligation to administer the Account and to distribute the Amount under this Commission Contract, EURO DOMO CONSULT S.R.L. has no other responsibility in the performance of the Seller-Buyer Agreement. The Broker has no obligation to mediate or arbitrate any conflict between the Seller and the Purchaser, arising from any misunderstanding between them.
6.4 This Commission Contract expressly expresses all EURO DOMO CONSULT S.R.L. obligations and responsibilities as a Commissioner broker in all its aspects. No obligation may arise for the Commissioner broker under any other agreement between the Seller and the Purchaser, other than this Commission Contract.
6.5.Without prejudice to the provisions of Article 5.3, the Commissioner broker shall not be required to make any verification of the documents referred to in this Agreement in terms of compliance with legality, validity, authorization, effectiveness or applicability. EURO DOMO CONSULT S.R.L. will be entitled to rely on any authenticity document deemed to emanate from the person allegedly issuing it. EURO DOMO CONSULT S.R.L. is not liable to any of the Parties for any consequence of such a presumption.
7.OTHER CLAUSES
7.1.This contract may not be amended, supplemented or suppressed, in whole or in part, without any additional act signed by all Contracting Parties.
7.2.If any of the provisions of this Agreement is or becomes at any time contrary to law, null or inapplicable in accordance with the law, this will not affect the validity and applicability of the other contractual provisions, which are not in any way affected.
7.3.All transfers and transactions made under this Commission Contract will be made without any separate payment instruction, and the Parties irrevocably authorize EURO DOMO CONSULT S.R.L. to act in accordance with the provisions of this Commission Contract.
7.4.Seller and Buyer may not assign the rights arising from this agreement without the acceptance of EURO DOMO CONSULT S.R.L..
7.5.The provisions of this Commission Contract are supplemented by "Terms of Use", "Privacy Policy", "Product Listing Policy" and "Intellectual Property Rights (IPR)" found on EURO DOMO CONSULT S.R.L.'s domoonline.com trading platform, Which form an integral part of this Commission Contract, the Seller and the Purchaser hereby declaring that they have become aware of and accept their provisions.
7.6.The parties are required to ensure and maintain the confidentiality of this Commission Contract, under the terms of the law. The parties may not divest the content of this Commission Contract except in the cases and within the limits provided by law.
7.7.Any event of force majeure as defined by applicable law does not exonerate the parties from any of their obligations, but suspends the effects of this contract for such an event, all of which shall be prolonged accordingly. The party invoking a force majeure event must notify the other party within 5 Business Days of the occurrence of the event and of the date when such an event is over. The notification shall be accompanied by proof of force majeure event consisting of documents issued by the competent authorities.
8.NOTIFICATIONS
8.1.All notifications or other communications will be made in writing and will be transmitted to any of the contact details of the Parties. Any change of these coordinates will be transmitted on the same day to the other Parties under the sanction of inopportunity.
8.2.Any notification / communication received after 12:00 is deemed to have been received on the next working day.
9.APPLICABLE LAW AND JURISDICTION
9.1This Commission Contract is governed by applicable law and the Parties agree that any dispute arising between them relating to this Commission Contract and which can not be settled amicably shall be resolved by the competent court of competent jurisdiction from where the headquarters of the Commissioner Broker are.
10.FINAL CLAUSES
10.1 This Commission Contract is deemed to have been concluded and signed today, ( ), by the three parties involved.
10.2 This Commission Contract shall enter into force on the date of receipt by e-mail of each party, considering the terms of the contract.
SELLER
BUYER
COMMISSIONER BROKER