1. Scope of application
These Weecos ("Business Terms") Terms of Sale (hereinafter "Terms") apply to Weecos and Weecos weecos.com ("Service") manufacturer ("Brand"). The brand must be duly registered with a business ID. The service serves as a web shop where Brands can notify their products ("Product") for sale through the Service and customers who have registered or billed in their billing information ("Customer") can purchase Products from the Brands through the Service.
To obtain authorization to use the service, the Brand must meet the criteria set by Weecos. Weecos verifies the Brand's eligibility and then allows the Brand to sign up for the service. The Brand must answer the questions of the criterion truthfully. Weecos has the right to remove the Brand from the service on the basis of derecognition. Weecos grants the Brand the right to market its Products on the Service in accordance with these Terms and to the duration of the Agreement on the Use of the Service between Weecos and the Brand. There are separate Weecos delivery terms applicable to trade in products and their delivery [www].
2. Brand’s obligations and use of Service
Weecos operates as the administrator of the marketplace in the Service and on behalf of the Brand, manages acceptance of Customer’s orders, billing, acceptance of spoken and written reclaims and the general customer service of the Service. The Brand manages the customer service of their own trademark (this comprises communication with Customers through the brand page). A purchase agreement is always formed between the Customer and the Brand selling the Product. Weecos is not the brand of the Product, neither a party in the sale of the Product in the Service.
Weecos provides the Brand with a merchant page through which the Brand can sell and market their products. The Brand has the right to sell in the Service only Products sold under its own brand (which must be self-made or subcontracted). The Brand does not have the right to market products from other manufacturers. Exceptions to this are the brand's selections of high-quality second-hand products (vintage products).
The license to use the Service obliges the Brand to keep Products on sale in the Service. The Brand is entitled to hold short breaks so the Brand's store page may be out of the sale for up to four months. If this time is exceeded, Weecos will contact the Brand and negotiate any changes to the service. The Customer Orders the Order by Selecting the Products in the Service Basket. The Brand is eligible to inform Product price, delivery costs and times, countries of delivery and guarantee correct exact value-added tax in connection with the marketing of the Product.
The Customer places an order by choosing Products in the shopping cart in the Service and pays the Products through the online payment service of the Service. The online payment service of Weecos is offered by Checkout Finland Oy (2196606-6). Checkout Finland Oy is responsible for the money transactions between the Customer and the Brand as well as maintaining account information of the Customer and the Brand.
The Brand will supply the Products to Customer by the Delivery Terms of the Weecos and within the delivery period specified by them. The brand can choose a delivery package or a letter. Weecos is not responsible for undelivered product shipments.
3. Product prices and Weecos commission
The Brand has the right to decide on the prices of the Products sold by the Service. The Brand's bid to Customers must include the Brand's value-added tax rate and the applicable value-added tax amount. The Brand is responsible for ensuring that his VAT on his products is appropriate. Brand's price to Customers must also include Weecos's 20% commission, calculated from the taxable price of the Product, which will be credited to the Weecos transaction. The chargeable fee includes the current value added tax as well as any other costs arising from the payment transaction. The fee charged does not include the costs of canceling the transaction (see section 6. Refunds).
The online payment service CheckOut Finland Oy will account for the proceeds of the actual sales deducted by the Weecos commission and the postal charges paid by the Customer in an unlimited amount, directly to the Brand's Account about once a week. Credit card debits are accounted for with a lag of about two weeks.
The penalty interest is calculated according to the regulations of interest law.
5. Defects and Complaints
The Brand is responsible for the liabilities and obligations relating to the products sold through the service, in accordance with the Weecos delivery terms.
Weecos is responsible for the liabilities and obligations relating to the service in accordance by the delivery terms.
Consumers shall have the right to cancel a purchase made in the service web store according to Weecos delivery terms.
When the Customer uses his right to cancel a purchase, he/she fills out the return form on the Weeks web service. Weecos transmits the information required for the return to the Brand. After receiving the product, the brand will compensate the full price to the customer. The customer is responsible for the delivery costs of the return. The Brand can invoice Weecos for the amount of realized commission after deducting the online payment service fee (currently 3% of the product’s price).
7. Responsibility for the service
Weecos endeavors to make the Service available to its users uninterruptedly and error-free, but Weecos does not guarantee that the use of the Service will be uninterrupted or error-free. Weecos shall not be responsible for interruptions in the Service due to technical defects, maintenance or installation work or resulting information changes or loss thereof, nor communication problems, disruptions or interruptions due to third parties, unless peremptory legislation or Terms otherwise state.
Weecos has a right to interrupt providing the Service or parts thereof due to changes, reformations or related technical reasons or due to network repair, maintenance or installation work or other such reason or when legislation or other orders of authorities so require. Weecos will limit the duration of possible interruptions to the minimum. Weecos will notify the users of any interruptions in advance, where reasonably possible.
The Brand is not entitled to claim damages for loss of income or cost involved due to disruptions and interruptions.
8. Intellectual Property Rights
The Service contains material that are protected by copyright trademark and/or other intellectual property rights, such as information, databases, software data, documentation, logos, trademarks, images, text. The intellectual property rights in and to the material in the Service are the exclusive property of Weecos and/or its licensor(s). Without the express, written consent from Weecos and/or its licensor(s), the Brand shall have no right to distribute, publish, copy, make available to the public or otherwise commercially use the material in the Service.
9. Material provided by the Brand
The Brand is responsible to Weecos and third parties that the material sent to the Service does not infringe any third party's copyright, trademark or other intellectual property rights, and that the material does not contain anything illegal, offensive (such as privacy), inappropriate or contrary to good practice or otherwise material unfit for publication. Otherwise the Brand is entitled to submit the material for publication. The Brand also makes a reasonable commitment to assist Weecos in any defense against any potential third party action arising from any material submitted by the Brand or sold by the Brand and to compensate Weecos for any damages arising therefrom.
Weecos has the right to use the material provided by the Brand for service in all Weecos sales and marketing activities. The Brands retain copyright in the material they download to the Service. Weecos has the right to remove the Service from violation of these Terms and / or the law or good content.
Weecos shall endeavor to ensure that the security standards of the Service are of high quality. However, networks and services used through them are never completely secure. The brand is responsible for managing equipment, connections and acquiring and functionality of programs required for the Service and that they won’t cause harm, disruption or damage to Weecos or third parties.
12. Non-compete term
The Brand agrees that it or the companies under its direct or indirect control will not copy Weecos’ business concept in the form in which it is entered in these terms. However, if the Brand already practices the activity before signing the terms, this non-competition term does not apply to competing activities that the brand is currently practicing. The brand agrees to comply with this non-competition clause during the validity of the terms.
13. Force majeure
Weecos shall not be liable to the Brand or deemed to be in default hereunder for not fulfilling the Terms due to causes which are beyond the control of Weecos, such as war, acts of government, strikes, natural disasters, power failure, fire and explosions for the duration of such events. In these cases the brand shall not have a right for compensation from Weecos for breach of contract.
14. Damages and Limitation of Liability
Weecos shall not be responsible for consequential or other indirect damage. The liability of Weecos to the brand shall be limited to compensation under these Terms. The aggregate liability of Weecos shall under no circumstances exceed 500 euros.
15. Validity and amendments
These Terms and Conditions and the Weecos Brand Agreement on the Use of the Service will enter into force upon acceptance of these Terms by the Brand upon registration of the Service and Weecos's acceptance of the Brand's Service and are valid for the time being.
The Parties may terminate the Agreement on the Use of the Service immediately. Weecos reserves the right to change these Terms (including but not limited to pricing). Weecos notifies these Terms of Service through the Service and by email. Changes to these terms will take effect at the time stated by Weecos. The Brand accepts the changes as self-binding by responding to the change email. The Brand shall terminate the use of the Service if the Brand does not accept the amended Terms. If the Brand fails to comply with these Terms (and the Brand's obligations mentioned therein) or otherwise acts in violation of these Terms, Weecos has the right to close Brand’s User Account on Service, either temporarily or permanently, taking into account the severity of the Brand's operation and / or negligence.
16. Applicable law and settlement of disputes
These Terms shall be governed by Finnish law. Any dispute concerning the Service will primarily be resolved through negotiations between Weecos and the Brand. If disputes between the parties can not be resolved in the negotiations, disputes will be settled in the Pirkanmaa District Court.