E-ATRIO TERMS AND CONDITIONS
I) GENERAL TERMS AND CONDITIONS
1. TERMS ACCEPTANCE
The Services shall only be available for persons having sufficient legal capacity to contract. Persons who do not have such legal capacity, minors and Users of E-Atrio who have been temporarily suspended or permanently disqualified may not use the services. If you are trying to register as User Company, you must have sufficient legal capacity to contract on behalf of such entity and to bind the same under the terms of this Agreement.
You must fill in all the fields of the registration form with valid data in order to be able to use the services rendered by E-Atrio. Any future User must fill in the form with accurate, precise and true personal information (Personal Data) and must undertake to update the Personal Data when necessary. The User hereby expressly authorizes E-Atrio to use different means to identify Users personal information and further undertakes to revise and keep such personal information updated. E-Atrio assumes no responsibility for the certainty of Users Personal Data. Users warranty and are liable, in any case, for the truthfulness, accuracy, effectiveness and authenticity of their Personal Data. User shall access his or her personal account (Account) by entering his or her email address and his or her personal secure password (Secure Password). User hereby undertakes to maintain the confidentiality of his or her Secure Password. The user account is personal, exclusive and non-transferable, and each User shall be allowed to register or to own only one Account. In the event E-Atrio detects different Accounts containing the same data or related information, it may cancel, suspend or disable all or any of such Accounts. User shall be responsible for transactions made in his or her Account, since the access thereto is limited to the login and use of his or her Secure Password, exclusively known by User. User agrees to inform E-Atrio immediately and by appropriate and sufficient notice, any unauthorized use of his or her Account, as well as any unauthorized third party login. E-Atrio hereby expressly states that User may not sell, assign or transfer the Account (including the reputation) in no way whatsoever. No Service of E-Atrio shall be used: (i) in any manner which causes, or may cause, any damages to any of the Services of E-Atrio or the interruption of the access thereto; or (ii) for any fraudulent purpose, or to commit any crime or offence or to carry out any other unlawful activity; or (iii) to generate any kind of trouble, problem or worry to a third party. E-Atrio reserves the right to reject any registration application or cancel any registration previously accepted, without being obliged to communicate or explain the reasons for such decision and without such rejection or cancellation causing any right of compensation or indemnification.
4. TAX STATUS
In order to be registered as User seller, User must necessarily have a registered and effective CUIT with AFIP , with level 3 tax password (clave fiscal). In order to be registered as User Buyer, User must necessarily have a TIN.
5. SERVICES RENDERED
E-Atrio allows User Seller to offer and sell his or her minimum orders at atriodearte.com and/or E-Atrio.com, and User Buyer to pay the minimum order and the shipment thereof, either door-to-door or under the general export regime. In all cases, the User Buyer is deemed the importer of the goods, and the User Seller the exporter of the goods. Each of them acts on his or her own interest and account and they are the ones who agree upon the execution and the terms and conditions of the international Sale, and shall be exclusively liable for the fulfillment of all the obligations derived from the International Sale. E-Atrio is not a party to such contract, assumes no responsibility in connection therewith and is not the representative of User Seller. User Seller is responsible for the sale of his or her products as well as for offering assistance in connection with any claims of User Buyer, or with respect to any matter regarding such contract between buyer and seller. This agreement creates no partnership, mandate, franchise or labor relationship between E-Atrio and User. User acknowledges and accepts that E-Atrio is no party to any transaction, has no control whatsoever over the quality, safety or legality of published items, or over the truthfulness or accuracy of the postings or the capacity of Users to export or import items. E-Atrio may neither guarantee that a User will complete a transaction nor verify the identity or personal information entered by users. E-Atrio does not guarantee the truthfulness of third-party advertising appearing in the website and assumes no responsibility for the correspondence or contracts executed and delivered by User and such third parties or other Users. User Buyer represents and acknowledges that, eventually, Argentine laws shall not apply to the International Sale (either in whole or in part). User Buyer further acknowledges and accepts to be subject to the Argentine rules and regulations applicable to import transactions. User Seller, on the other hand, represents and accepts to be subject to the rules and regulations in force in connection with export transactions of the country from which the item is exported, and accepts to be subject to rules and regulations in force in Argentina in case they are applicable.
6. MINIMUM ORDER POSTING
A. MINIMUM ORDER
The minimum order is the selling unit. This selling unit, which we call minimum order, may consist of one or more products and/or range of products that, due to the integration thereof, are equal to the value of the offer posted and only to the extent they belong to the same User Seller. We call products any item or good offered by the User registered as User Seller in E-Atrio. Once User Buyer finalizes the purchase of the minimum order posted in E-Atrio, User Seller undertakes not to modify in any manner whatsoever the purchase price of the product. In the event E-Atrio detects that User Seller is somehow breaching the above mentioned obligations, than it may cancel, suspend or disqualify User Sellers Account, either temporarily or permanently.
B. MINIMUM ORDER CONTENTS
The minimum order must include at least the following information:
i. HEADING OR NAME OF MINIMUM ORDER
It must be a name or heading representing the product or products offered in the posting.
The same User Seller may not post two minimum orders with identical heading or name.
The price set in the minimum order may neither be below FIVE HUNDRED U.S. DOLLARS (US $500) nor above TWOTHOUSAND U.S. DOLLARS (US $2,000).
Once the International Sale is closed, the price may not be adjusted or altered. The price of the minimum order includes the fee charged by E-Atrio to User Seller, but does not include the costs related to the International Sale, particularly including, but without limitation, transportation (international and domestic), insurance, duties and other taxes to be paid as a consequence of the import and/or export in the country of origin. It is expressly stated that E-Atrio is not a financial entity and does not render currency exchange services to Users.
It is expressly stated that E-Atrio is not a financial entity and does not render currency exchange services to Users.
iii. PRODUCT DESCRIPTION
The product or products that compose the minimum order must be exactly described as to the condition, characteristics and relevant details thereof. For each product that composes the minimum order, User Seller must indicate the name, item number, number of units, unitary value, origin, size, color, HS code and other relevant information.
Postings may include descriptions, graphics, photos, videos, audios, documents, technical datasheets and other relevant contents and conditions for the sale of the minimum order, provided, however, they do not violate the provisions of these General Terms and Conditions or other policies of E-Atrio.
It is understood and presumed that by posting the minimum order, User Seller is the owner of the product or products that compose the minimum order, and that he or she intends and has the right to sell and export (or is authorized to do so by the owner thereof) and that such product or products are available for immediate delivery.
iv. TECHNICAL SPECIFICATIONS
For each posted minimum order, User Seller must previously have the box and packaging necessary to export the same, indicating on an accurate and precise manner, the package weight (including the packaging, leaflets, brochures, instructions, etc.) and the measures thereof, detailing height, width and length of the box.
As to the weight of the package that contains the product or products that form the posted minimum order, such weight may not exceed 70 kg, and as to volume, it may not exceed 180 cm high x 145 cm wide x 145 cm long.
In the event there is any discrepancy between the weight and volume informed by User Seller in the minimum order, and that informed by the Courier in charge of shipping when preparing the invoice for the services rendered, and such discrepancy generates a monetary difference between the amount actually charged by E-Atrio to User Buyer and the amount E-Atrio shall have to pay to the Courier, such difference shall be borne by User Seller, and shall be deducted by E-Atrio at the time of transferring the export proceeds.
v. DELIVERY TIME
To fix the delivery time, it is necessary to take into account the term within which the User Seller shall make available to the Courier or logistics/shipping agent the sold minimum order, and the term indicated by the logistics/shipping agent for effective delivery at the destination informed by User Buyer.
For deliveries made through the simple export portal, the delivery time shall not exceed 10 calendar days. Failure to comply with this delivery time, shall cause the cancellation of the International Sale and User Seller shall bear: (i) all expenses and costs incurred by E-Atrio to cause the reimbursement of the money paid by User Buyer; and (ii) payment of the fee payable to E-Atrio and accrued upon confirmation of the minimum order. For the purpose of paying the amounts described above, User Seller acknowledges and accepts that the relevant amounts may be deducted by E-Atrio from the amounts payable by the latter to User Seller in past transactions pending settlement or future transactions.
User Buyer represents and acknowledges that the delivery time of the minimum order estimated by User Seller in the post page of the minimum order may change for reasons beyond User Sellers control, including, without limitation, compliance with customs requirements and proceedings, audits, payment of taxes, events of force majeure or acts of God occurred during transportation (for example, earthquakes, hurricanes, storms, floods, fog, wars, plane crashes, riots, disturbances, embargoes, civil commotion or trade union actions, etc.) or of third parties unrelated to the parties. Under no circumstances shall E-Atrio be liable for the delays or changes in the estimated delivery time.
vi. SOLD OUT STOCK
At the time of defining the stock to be sold, User Seller must take into account that the contents of a minimum order constitute a stock unit.
In the event User Seller has committed certain stock, and such committed stock is not available at the time User Buyer confirms the purchase of the minimum order, then User Seller shall receive an email informing about the purchase and demanding User Seller to replenish the stock within a given time. At the same time, E-Atrio shall send an electronic notice to User Buyer informing about the delay due to a stock-out. If User Seller fails to restock within such time in order to comply with the pending purchase, the International Sale shall be cancelled and User Seller shall bear: (i) all expenses and costs incurred by E-Atrio to cause the reimbursement of the money paid by User Buyer; and (ii) payment of the fee payable to E-Atrio and accrued upon confirmation of the minimum order. For the purpose of paying the amounts described above, User Seller acknowledges and accepts that the relevant amounts may be deducted by E-Atrio from the amounts payable by the latter to User Seller in past transactions pending settlement or future transactions.
7. MINIMUM ORDER ACCEPTANCE OR REJECTION
After User finishes entering all the information of a minimum order, such posting shall be subject to review by E-Atrio, for a maximum term of 7 business days.
Upon expiration of the term mentioned in the preceding paragraph, E-Atrio may take two actions in connection with the minimum order subject to review:
a) Approve the minimum order, which order shall be automatically posted in the website and become an item available to User Buyers; b) Reject the minimum order. In this case, E-Atrio shall inform the causes of rejection to User Seller and the way in which the latter may cure the same. Once User Seller has cured all rejection causes, the minimum order shall be automatically posted in the website and become an item available to User Buyers.
8. MINIMUM ORDER SUSPENSION
If the posted minimum order reaches a cero stock level, the posting thereof shall be suspended and shall cease to be available for a User Buyer to confirm a purchase transaction.
Any posting suspended due to stock-outs may be restored, allocating a new stock to the relevant minimum order.
9. USER BUYER
E-Atrio expressly states that both E-Atrios platform and any minimum orders offered and posted are targeted to the retail market and not to the consumer market. Therefore, no consumer protection laws and regulations shall apply hereto.
10. MINIMUM ORDER PRODUCT RESTRICTION
The following products may not be offered or sold within the platform: a) Food; b) Cosmetics; c) Wines and alcoholic beverages; d) Tobacco and/or cigarettes; e) Medicine; f) Drugs or prohibited narcotics; g) Guns or any kind of device, chemical aggressive of any nature and other material classified as war weapons, gunpowder, explosives or related items, and weapons, ammunitions and other materials classified as of civil use; explosive, inflammable or radioactive substances and hazardous goods and/or waste;
h) Hunting trophies (game), living animals, part of animals such as ivory or shark fins, animal remains or animal derivatives; i) Human remains or ashes; j) Fake products; k) Ingots (of whatsoever precious metal); l) Cash (legal tender); m) Precious gems and any other products the transportation of which has been prohibited under any rule, regulation, law or statute of any federal, state or local government of any country to or through which such products or items are to be shipped. n) Nor any other product the marketing of which is prohibited or restricted under any laws in force in the Republic of Argentina.
11. INFORMATION PRIVACY
In order to use the Services offered by E-Atrio, Users shall provide certain personal information. Users personal information is processed and stored in servers or magnetic means having high security and protection standards, both physical and technological. For further information on Personal Information privacy and events in which personal information may be disclosed, please read our Privacy Policies.
12. COPYRIGHT, INTELLECTUAL PROPERTY RIGHTS AND DATABASE RIGHTS. REGISTERED TRADEMARKS. PATENTS. LINKS.
The content of any screens related to the Services of E-Atrio as well as any programs, databases, networks and files allowing Users to access and use their Accounts, are the property of E-Atrio and are protected by the international laws and treaties on copyright, patents, industrial models and designs and databases. Inappropriate use and the total or partial reproduction of such contents are prohibited, except as expressly authorized in writing by E-Atrio.
Any and all content hosted or made available in any of the Services of E-Atrio, as for example text, graphics, logos, clicking icons, images, audio clips, digital downloads and all data gathered are the property of E-Atrio and of its content providers and are protected by the international laws and treaties on copyright, patents, industrial models and designs and databases. All the content hosted or made available through any Service of E-Atrio taken as a whole is the exclusive property of E-Atrio and is protected by the international laws and treaties on copyright, patents, industrial models and designs and databases.
Any and all systematic extraction or reuse of any part of the content of any of the Services of E-Atrio without our express written consent is hereby prohibited. Particularly, the use of web search robots or data extraction tools to extract (either once or several times) substantial parts the Services of E-Atrio for reuse without our express written consent is hereby prohibited. User shall not as well create or post his or her own databases when such databases contain substantial parts of any of the Services of E-Atrio (for example, our product lists and pricing lists) without our express written consent.
All graphics, logos, page headers, icons, scripts and service names included, appearing or available through the Services of E-Atrio are registered trademarks or represent the commercial image of E-Atrio. No registered trademarks or commercial image of E-Atrio shall be used in connection with any products or services that are not the property of E-Atrio, and no registered trademarks or commercial image of E-Atrio shall be used in any manner which may cause confusion among users or which may underestimate or discredit E-Atrio. The other registered trademarks that are not the property of E-Atrio and which appear, are included or available through the Services of E-Atrio belong to the respective owners thereof, who may or may not be related in any manner with E-Atrio or sponsored by E-Atrio.
Several patents belonging to E-Atrio are applicable to the Services of E-Atrio as well as the functions and services available through such Services. On the other hand, different parts of the Services of E-Atrio operate under different licenses of one or several patents.
Users shall not reproduce, duplicate, copy, sell, resell or operate in any manner whatsoever the Services of E-Atrio or any part thereof with commercial purposes, in each case without our prior written consent.
Users are not allowed to use framing techniques to introduce any trademark, logo or any other copyright information (including images, text, webpage designs or formats) of E-Atrio without the relevant prior written consent. You may not use meta tags or any other hidden text including the names or registered trademarks of E-Atrio without our prior written consent. The Website may contain links to other websites, which does not imply the latter are the property of or operated by E-Atrio. Since E-Atrio has no control over such websites, E-Atrio SHALL NOT be liable for the contents, materials, acts and/or services rendered thereby, or the damages and losses caused by the use thereof, whether direct or indirect. The presence of links to other websites does not imply the existence of any partnership, relationship, approval or support of E-Atrio with or to such other websites and the contents thereof.
13. SYSTEM OR DATABASE INTRUSION
Users are not allowed any action or use of any device, software or any other means aimed at interfering in the activities and operation of E-Atrio as well as in the offers, descriptions, accounts or databases of E-Atrio. Any intrusion, attempt or infringing activity or any other act contrary to the intellectual property laws and/or the prohibitions set forth in this agreement shall make the breaching or non-fulfilling party liable to the applicable legal actions and the penalties contemplated under this agreement, as well as to any applicable compensation for damages.
14. SYSTEM FAULTS
E-Atrio assumes no responsibility for any damages or losses caused to User due to any faults in the system, the server or the Internet. In addition, E-Atrio shall not be liable for any virus that could infect Users equipment as a consequence of the access, use or examination of its Website or as a result of any transfer of data, files, images, texts or audio contained therein. Users MAY NOT hold E-Atrio liable or demand any payment for loss of profit due to damages derived from technical difficulties or Internet or system faults. E-Atrio does not guarantee the continuous or uninterrupted access and use of its Website. The system may eventually be unavailable due to technical difficulties or Internet faults, or for any other circumstance beyond E-Atrios control; in such cases we shall make our efforts to restore it as soon as possible without this giving any right to hold E-Atrio liable. E-Atrio assumes no responsibility for any error or omission in the content of its Website.
To such effect, User authorizes E-Atrio to: i) intervene and represent User in such claims, with powers to compromise as it deems appropriate and in order to avoid major costs and/or to avoid eventual contingencies without limitation, in his name and on his behalf; ii) withhold or debit form his/her PayPal Account the existing and/or future funds in order to recover the expenses incurred in such compromise agreements, which may include reasonable attorneys fees and court costs, and/or (iii) generate specific debits in its invoicing.
16. PROCEDURE AND NOTICE OF VIOLATION OF RIGHTS
If User considers any of its rights has been violated, he/she shall inform such situation through notice sent by email to firstname.lastname@example.org in order to communicate any concern User may have in connection with any alleged violation of his/her rights.
Upon receipt of the email, E-Atrio may perform different acts that may include the elimination of the relevant information or product, with shall not imply the assumption by E-Atrio of any responsibility and notwithstanding any other right, action or defense E-Atrio may have, all of which are hereby expressly reserved. In addition, and by virtue of a notice sent to E-Atrio, it is understood that User grants to E-Atrio the right to use, reproduce, modify, adapt, post, translate, create any work derived from such content and to exhibit the same throughout the world and through any means. The above mentioned includes the right of E-Atrio to forward such email to the parties who provided the alleged violating content. User hereby releases E-Atrio from any responsibility in connection with claims filed by third parties against E-Atrio derived from or related to the content of the notice of violation of rights.
c) Reverse engineering prohibition. No person is allowed to perform, or otherwise stimulate, assist or authorize any other person to copy, perform reverse engineering acts, decompile or disassemble, or manipulate in any other manner, E-Atrios Software, either in whole or in part, nor create works derived from o on E-Atrios Software.
d) Automatic updates. In order to keep E-Atrios Software updated, E-Atrio may offer, without prior notice to such effect, automatic or manual updates from time to time.
18. AMENDMENT OF AGREEMENT
19. APPLICABLE LAW AND JURISDICTION
This agreement shall be governed in all its terms by the laws in force in the Republic of Argentina.
Any dispute derived from this agreement, the existence, effectiveness, interpretation, scope or performance thereof shall be subject to the arbitration of Centro Empresarial de Mediación y Arbitraje, in accordance with the rules in force of such court. The arbitration proceedings shall take place in the City of Buenos Aires and in Spanish language.
E-Atrio establishes its domicile at Av. Belgrano 768, 2nd floor, Apartment D, Capital Federal, 1092, Republic of Argentina.
Users shall not: (a) manipulate item prices; (b) maintain any kind of communication by email or by any other means (including social networks) during the product offer with any of the Users participating in such offer, except in the chat section available to such effect; (c) disclose his or her personal information or that of other users through the chat and/or by any other means (including, but not limited to, Twitter, Facebook, Instagram, Linkedin and/or any other social network); (d) accept personal data provided by other Users through the chat and/or by any other means (including, but not limited to, Twitter, Facebook, Instagram, Linkedin and/or any other social network); (e) publish or sell any items prohibited under these General Terms and Conditions, other policies of E-Atrio or the laws in force; (f) insult or attack other Users; (g) use the their reputation, ratings or comments received in the site of E-Atrio in any place outside E-Atrio.
This type of activities shall be investigated by E-Atrio and the breaching party may be sanctioned with the suspension or cancelation of the offer and even of his or her registration as User of E-Atrio and/or in any other manner E-Atrio shall deem appropriate, notwithstanding any legal actions such breach may originate due to the existence of offenses or violations or the civil damages it may cause to the other Users.
2. USER DISQUALIFICATION OR SUSPENSION. EFFECTS.
2.1 The following shall be grounds for user disqualification or suspension:
a) DUPLICATED ACCOUNTS
At E-Atrio each User is identified by his or her email. In the case of User Sellers, their track record in the community reflects in his or her reputation.
In this sense, if a User registers under different identities, he or she may be permanently disqualified to operate in the Website.
If User has been suspended for this reason, in order for E-Atrio to be able to verify the identity thereof, User shall have to send a copy of the ID with which User registered in E-Atrio by email clicking on Contact Customer Service.
b) NON-FULFILMENT OF OBLIGATION TO BUY
All offers in E-Atrio are firm offers, therefore any time User buys or makes an offer for an item posted in E-Atrio, User undertakes an unavoidable obligation.
In the event any User is made liable 3 or more times for non-compliance with such obligation to buy, E-Atrio may suspend such User who thereafter may not continue operating in the Website.
c) NON-FULFILMENT OF OBLIGATION TO SELL
Any time User posts an item User undertakes an obligation: if the sale is finally completed User shall deliver the item in the conditions contemplated in Users posting of such item.
In the event any User is made liable 3 or more times for non-compliance with such obligation to buy, E-Atrio may disqualify such User who thereafter may not continue operating in the Website.
d) INAPPROPRIATE LANGUAGE
E-Atrios aim is to keep a safe and friendly community. The respect among its members is the necessary condition for the development thereof. For this reason Users are not allowed to use rude, insulting or inappropriate language. Any User using inappropriate language in his or her item page, or in the questions and answers of seller, as well as in the forum, may be temporarily suspended or even permanently disqualified to operate in the Website. In addition, E-Atrio may eliminate the inappropriate posting.
e) REPEATED USE OF PROHIBITED PRACTICES
In the event User uses in several opportunities prohibited posting techniques, E-Atrio may suspend User or even permanently disqualify User to operate in the Website.
As provided for in Paragraph 2) of the General Terms and Conditions, in order to be able to register Users must be of age, and therefore if E-Atrio detects an account is registered in the name of a person under age, such account shall be disqualified to operate in the Web-site.
g) MAIL ACCOUNT ERROR
If the email address of User has problems to receive the messages sent from E-Atrio, then the account of such User may be temporarily disqualified until User informs a new email address.
Upon suspension, User shall be sent a notice to his or her registered email address informing the reason and duration of the suspension.
Upon suspension, the suspended User may not post, buy or offer items, participate in forums or make questions to User Sellers during the suspension period.
At the same time, all items of the suspended User shall be cancelled in the Website. The same may be reposted after completion of the suspension period by clicking YOUR ACCOUNT on the web browser menu.
Upon disqualification, the disqualified User shall be sent a notice to his or her registered email address informing the reason.
Upon disqualification, the disqualified User may not post, buy or offer items, participate in forums or make questions. At the same time, all items of the disqualified User shall be cancelled in the Website. If items are posted under the Auction method, then all valid offers received as of that time shall be cancelled without any charges for fees applicable thereon. In all cases, if User has chosen to buy posting types for his or her publications, these shall be invoiced as usual.
3. OPINIONS, COMMENTS, COMMUNICATIONS AND OTHER CONTENTS
Users may post his or her opinions and comments as well as other contents, send communications, suggestions, ideas, comments, questions or other information, provided however, the content thereof is not illegal, obscene, abusive or does not constitute an event of threat or defamation, or does not invade third party privacy or violates intellectual property rights or is offensive in any other manner for third parties or is otherwise censurable, or consists of or contains any computer virus, political propaganda or advertising content, chain email messages, massive email or constitutes any other kind of spam. Users are not allowed to use fake email addresses or to replace the identity of other person or entity, or falsify in any other manner the origin of any contents. E-Atrio reserves the right to eliminate or modify any content that fails to comply with the above mentioned rules. If any User considers that any content of the Services of E-Atrio or any material the sale of which is posted therein includes any defamatory statement, or if User deems his or her intellectual property rights are being violated by any element or information available in the Services of E-Atrio, then User may communicate such situation to E-Atrio by sending an email to email@example.com.
By posting any content or presenting any material for the posting thereof, and except as otherwise provided, User grants: (a) to E-Atrio de non-exclusive right, free and fully assignable and transferable to any third party, to use, reproduce, modify, adapt, post, translate, create and exploit any derived works and distribute and exhibit the content thereof throughout the world and through any means; and (b) to E-Atrio, its sublicencees and those who derived their right from E-Atrio, the right to use the name provided by you in connection with such content, if User chooses so.
III) SALE AND PURCHASE TERMS AND CONDITIONS
1. OBLIGATIONS OF USER
a) OBLIGATIONS OF BUYER
During the effective term of the posting of the minimum order, User Buyer may acquire it, prepaying it through the means authorized on the Website. The selling offer is closed once the stock established in the minimum order posted by Seller has been sold out.
Upon buying a minimum order posted by User Seller, User Buyer accepts being bound by the sale and purchase terms and conditions included in the description of such minimum order.
The minimum purchase order is irrevocable, except in exceptional circumstances, such as if the Seller significantly changes the description of the article after the offer is received; if the delivered item is different than the one published; if there is a clear typing error; or if the identity of the Seller can not be verified.
In such cases, the Buyer must coordinate with e-Atrio the return of the product and can choose a full refund of the paid price or the delivery of the purchased product as originally published without additional costs. If payment has been made by pay-pal, Buyer may request the return of the money without any additional costs.
The purchase of the minimum order shall only be deemed valid once it has been processed by the IT system of E-Atrio.
Upon confirmation of the purchase, User Buyer shall choose and pay the services of the logistics/shipping agent (or transportation or courier) in order to receive the package containing the minimum order at the domicile indicated by User Buyer to such effect. Please be advised that the rates of the logistics/shipping agent include insurance on the amount of the product delivered, of compulsory purchase. The terms and conditions of such insurance shall be those established by the logistics/shipping agent.
As to the terms of delivery, upon selection and purchase by User Buyer of the logistics/shipping agent, User Buyer adheres and therefore undertakes and binds himself or herself to the terms and conditions of such agent, so we suggest you read carefully the Terms and Conditions published by transportation agent. E-Atrio assumes no responsibility for the election and hiring made by User Buyer.
Once the airway bill has been prepared by the Courier, the same shall be attached to User Buyers data to allow User Buyer to track the shipment. From the time User Buyer receives the package containing the minimum order published and purchased, User Buyer has seventy-two (72) business hours to rate the minimum order received. If User Buyer fails to rate the same during the above mentioned term, his or her silence shall be construed as an acceptance, expressly authorizing E-Atrio to transfer the price paid by User Buyer to the account indicated by User Seller.
When placing an order of products with E-Atrio, User Buyer might be subject to the payment of import duties or taxes, which shall be charged to and paid by User Buyer once the package arrives at the destination address. Any additional amount for custom clearance shall be borne by User Buyer, who acknowledges E-Atrio has no control over such amounts.
Customs policies vary significantly from one country to other so, for further information, User Buyers shall contact the relevant customs office. When placing an order with E-Atrio, the law formally considers User Buyer as an importer, and the latter shall therefore comply with all the laws and regulations applicable in the country in which User Buyer receives the product. In addition, please be advised that international shipping is subject to inspection and package opening by customs authorities.
User Buyer represents he or she is aware of the customs laws applicable in the destination country of the package containing the minimum order purchased by User Buyer, as well as the laws, restrictions, quotas and limitations related to the set of rules applicable to door-to-door delivery of small orders in the country of destination.
b) OBLIGATIONS OF SELLER
User Seller must be legally capable to sell the goods subject-matter of his or her offer. After receiving the email confirming the sale transaction, seller shall have 48 business hours from receipt thereof to declare the sale transaction in the Website https://portal.exportasimle.gob.ar/panel, with the data contained in the above mentioned email, choosing the Courier selected and paid by buyer, indicating the logistics service shall be borne by seller, under penalty of cancelling the transaction seller shall bear the costs of such cancellation, authorizing E-Atrio to deduct such costs from sellers account.
Upon completion of the exporta simple (easy export) procedure, User Seller is obliged to communicate with the Courier chosen by User Buyer in order to coordinate the picking up of the package containing the minimum order at the domicile indicated by User Seller to such effect.
Since E-Atrio is a meeting point between buyer and seller and does not participate of the transactions carried out between them, User Seller shall be responsible for all tax obligations and charges applicable to the selling of User Sellers items, without making E-Atrio liable for any non-fulfillment in that aspect.
As already mentioned herein, E-Atrio only makes available to Users a virtual space that allows them to communicate through the Internet to find a way to sell and buy products and/or services. E-Atrio has no participation in the negotiation and/or execution process of the final agreement between the parties. Therefore, E-Atrio shall not be responsible for actual compliance with the tax obligations established by the laws in force.
2. FEE. INVOICING
User Seller shall only pay to E-Atrio a fee for the sale transaction once the transaction takes place, equal to twenty percent (20%) plus VAT of the price of the published minimum order, and E-Atrio shall deliver an invoice to User Seller for such fee. The transactions shall be deemed confirmed for the purpose of this section at the time User Buyer issues the purchase order and pays the total price into the account of E-Atrio.
E-Atrio expressly states that such fee does not include any taxes payable by User Seller for the sale transaction performed nor the expenses and/or taxes charged or withheld by the banks for the amounts transferred to User Sellers account.
The above mentioned fee must be included in the price established for the minimum order published and User Seller may not transfer the cost thereof to User Buyer after completion of the international Sale and Purchase transaction.
E-Atrio reserves the right to take all court and out-of-court actions it deems appropriate to obtain payment of any amounts due.
E-Atrio reserves de right to modify, change, add or eliminate the rates in force, at any time, which it shall communicate to Users by an email sent to the email addresses informed by each User. However, E-Atrio may temporarily modify the Rate Policy and the rates for its services due to promotional reasons and such changes shall be effective as of the disclosure or announcement of the promotional action.
In the event E-Atrio invoiced any charges that should not have been invoiced, User shall contact the Customer Service team to settle this issue.
3. AGREEMENT WITH E-Atrio
3.1 USER BUYER
When User Buyer places his or her order, E-Atrio shall send a message confirming receipt of the purchase. After that, E-Atrio shall send a new message confirming shipment of the order and attaching the airway bill and the necessary data in order to be able to track the shipment through the webpage of the shipping agent chosen by User Buyer.
User Buyer accepts to receive electronic invoices of his or her purchases. Electronic invoices shall be made available as PDF files in the section MY ACCOUNT of E-Atrios Webpage.
Payment of the purchase shall be made by using the Pay-Pal service (in the case of credit card payment) or by wire transfer to E-Atrios account. If User Buyer chooses to pay by wire transfer, at the time of completing the transaction and choosing such payment method, User Buyer shall be furnished all necessary data to make the transfer.
It is expressly stated that all shipping costs or expenses shall be borne by User Buyer, who may choose among the companies authorized to perform the same, as well as the delivery method.
User Buyer hereby grants a mandate to E-Atrio so that it pays on behalf and to the order of the former, the shipping or logistics services of the agent designated by User Buyer upon confirmation of the minimum order published.
3.2 USER SELLER
Upon performance of a sale transaction, E-Atrio shall send a message to User Seller informing the details thereof.
Once User Buyer has rated the minimum order received, or after seventy-two (72) business hours from receipt of the minimum order shipped, whatever occurs first, E-Atrio shall proceed to transfer to the account of User Seller indicated at the time of registration as user with E-Atrio, the price, deducting first the relevant fee payable to E-Atrio for the service rendered.
If User Seller indicated an account in US dollars, the transfer shall be made in that currency; if User Sellers account is in pesos, the same shall be settled at the buying rate of exchange published by Banco Nación on the day immediately preceding the payment date.
4. PRICES AND AVAILABILITY
In the Website, in each posting made by User Sellers, we shall inform about the availability of the products sold, providing details in the PRODUCT DESCRIPTION section corresponding to the minimum order published. We cannot provide more accurate information on product availability than that one shown in the PRODUCT DESCRIPTON section corresponding to the minimum order published or in other sections of the Web. When E-Atrio processes the order placed by a User Buyer, it shall inform as soon as possible by email if any of the products included in the order is not available. En this case, no amount shall be charged for such missing product.
5. PRODUCT INFORMATION
Although E-Atrio makes its best efforts so that the information appearing in the Website is correct, sometimes the packaging and the materials of the products may contain additional or different information from the one shown in the Website. Components may also change. Consequently, we recommend User Buyer not to read the information available in the Website only, but to read carefully as well all labels, warnings and instructions accompanying the products before using them.
6. OUR RESPONSIBILITY
E-ATRIO MAKES NO REPRESENTATION OR WARRANTY AS TO THE PRODUCTS COMMERCIALIZED THROUGH THE WEBSITE. MOREOVER, E-ATRIO MAKES NO REPRESENTATION OR WARRANTY AS TO THE INTEGRITY, RELIABILITY, PUNCTUALITY, QUALITY, SUITABILITY OR AVAILABILITY OF THE PRODUCTS ACQUIRED OR THE LOGISTICS/SHIPPING SERVICES HIRED THROUGH THE WEBSITE.
7. CHANGES ON TERMS OF SALE
E-Atrio reserves the right to make changes to the Website, the policies and the terms and conditions, including these Sale and Purchase Terms and Conditions, at any time. Users shall be subject to the terms and conditions, policies and Sale and Purchase Terms and Conditions in force at the time they place their orders, except when according to law or any requirement of the public authorities, changes shall be made to such terms and conditions, policies or to these Sale and Purchase Terms and Conditions (in which case, such changes may be applicable to any orders previously placed). If any of the present terms and conditions is declared null, void or ineffective for any reason, such term or conditions shall deem excluded without affecting the validity and enforceability of the remaining terms and conditions.
 CUIT: in Argentina, personal taxpayer identification number.
 AFIP or Administración Federal de Ingresos Públicos, the Argentine Tax Authority.
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