Terms of Use

  • Introduction

    The relationship between the users and the Internet server Model Hobby Market operator is subject to these Terms of Use.

    Model Hobby Market is a trading place (marketplace), which mediates the sale and purchase of self-produced goods between the seller and the buyer. The Model Hobby Market operator is not a seller of the goods or a buyer. The only exception is the Model Hobby Market monthly subscriptions, which the sellers buy from the Model Hobby Market operator. The basic registration on Model Hobby Market is free. Publishing of vendor’s products is either free in the basic version or for monthly fee in one of the extended versions.

    The buyer pays for the goods in advance directly to both the sellers and to Model Hobby Market PayPal accounts. PayPal reallocate automaticaly via PayPal Adaptive method the amount received to each seller based on data provided by Model Hobby Market server. The amount transferred to the seller is reduced by the Model Hobby Market commission. The commission is left on the Model Hobby Market PayPal account.

    The Model Hobby Market operator is not responsible for the goods sold in terms of description match, images, quality, characteristics and availability. The Model Hobby Market operator is not a part of the business relationship between the buyer and seller and is not responsible for the purchase, sale, or for any disputes between the buyer and the seller, including the claim or return of goods. The Model Hobby Market operator is not responsible for the correctness of the registered user identity. The exception is the verification of the buyer‘s EU VAT ID performed during the purchase of a Model Hobby Market monthly subscription. This verification is performed automatically via VIES service.

    INTERPRETATION

    MHM – Model Hobby Market Marketplace
    Registered user – user registered on the Model Hobby Market marketplace web pages. It’s either a buyer or seller.
    User – either a visitor without a registration or a registered user.
    Buyer – registered user, who represents the buying party in the business relationship.
    Seller - registered user, who represents the selling party in the business relationship.
    Vendor - registered user, who has established his shop on MHM web pages and offers his products there.
    Operator – operator of Model Hobby Market marketplace
    Server – server which MHM is running on
    PayPal – internet payment system, www.paypal.com
    PayPal Adaptive Payment – payment method used by PayPal company for splitting payments between a sender of a payment and one or more receivers of the payment. https://developer.paypal.com/docs/classic/adaptive-payments/integration-guide/APIntro/
    VAT – Value Added Tax
    Tax – in general tax used in different countries

    In consideration of the above, the below parties

    Jindrich Muska
    Thakurova 6
    16000 Praha 6
    Czech Republic
    ID: 13810235
    Tax ID: CZ5904250814
    ( "operator")

    and

    registered user

    agreed to conclude this agreement, under which the operator allows registered users to use the server for mediating the purchase or sale of their own products.

  • 1. Terms and Conditions

    1.1 Any person over 18 years of age or registered legal entity can become a registered user. The exception are the users whose registration has been terminated by the operator.

    1.2 Registered users or registration applicants have no legal right to use MHM or to conclude a agreement. The operator reserves the right to deny registration, to terminate the agreement with a registered user or restrict an access to certain services, even without giving a reason.

    1.3 The operator does not guarantee the maintenance and storage of user data and uninterrupted server operation.

  • 2. Registration

    2.1 The acceptance of this agreement and user registration is a mandatory condition for mediating the sale of goods or purchase via MHM.

    2.2 The user is obliged to provide required information during registration. The registered user is obliged to keep such data for the entire duration of the registration up-to-date. Users are entitled to request removal of their data from the database after the registration has been terminated.

    2.3 The operator provides sellers and buyers with details of the counterparty in the extend of data provided by the registered user. Provided data are shown in the order confirmations and automatically generated documents. The vendors have their data published in the the public section of their profiles.

    2.4 The registration is verified by using automatic e-mail confirmation. Reception of the registration confirmation concludes a agreement between the operator and the registered user.
    2.5 The registration is always tied to a specific user and its transfer to another person is possible only with the operator‘s consent.

  • 3. Purchase of Goods

    The buyer acknowledges that:

    3.1 the goods which is inserted into the cart comes from registered users.

    3.2 the goods ordered in one order can be delivered only to a partial extent.

    3.3 the goods ordered in one order can be delivered in different terms.

    3.4 the order from multiple sellers incorporates more than one shipping fee. The total price of goods and shipping is always displayed before placing an order.

    3.5 by placing the order and making the payment the buyer agrees to accept the goods ordered.

    3.6 in case of order cancelled by the seller the buyer is entitled to a refund of the amount paid in full.

    3.7 in the case of a partial cancellation of the order by the seller the buyer is entitled to a refund of the proportional part of the amount paid, including the respective amount paid for shipping of the undelivered goods.

    3.8 the buyer pays for the goods in advance to the PayPal accounts of the sellers and the operator. PayPal performs reallocation of the total amount based on the parameters provided by the operator for the vendors and PayPal Adaptive performs immediate direct transfer of the allocated amounts to vendor accounts. The amounts transferred to vendors are reduced by the operator’s commission. The commission is transferred directly to the operator’s PayPal account.

  • 4. Sales of Goods

    4.1 Seller

    Seller is commonly defined as a natural person or a legal entity with a representative.

    4.2 Rules for Inserting of the Goods in Shopping Cart

    4.2.1 Each product must be specific goods for sale (it is forbidden to put products for demonstration only).

    4.2.2 The seller is responsible for the goods offered in terms of matching description, images, quality, characteristics and availability.

    4.2.3.Seller guarantees that he is able to deliver the offered and ordered goods. If the goods have longer delivery time than usual time for delivery of goods from stock, it must be stated in the description of the goods, including the delivery time.

    4.2.4 Goods should be placed in the category that best fits the nature of the goods. If such category doesn’t exist, the seller places the goods in the nearest appropriate category and asks the operator to create a category which the goods can be moved to afterwards.

    4.2.5 Shown goods and its description must inform buyers in such a way that possibility of creating a misleading impression is minimized.

    4.2.6 Operator reserves the right to remove from the system goods which infringe the rules of use or Czech law.

    4.2.7 Operator reserves the right to remove goods from the system without providing a reason.

    4.3 Prohibited goods

    It is prohibited to:

    4.3.1 offer services. The subject of sale must always be goods (physical object) with a defined price and features so that the buyer can insert goods into the shopping cart and buy them. The digital goods provided via download are also considered to be physical objects.

    4.3.2 offer goods infringing copyrights for sale.

    4.3.3 to use photos that could violate copyrights.

    4.3.4 sell the goods that seller doesn’t have the appropriate rights to sell.

    4.3.5 offer the same products under different names.

    4.3.6 insert any advertising or weblinks with advertising character with the exception of support of seller‘s own store on the server.

    4.3.7 insert any link to a server pointing outside the operator’s server.

    4.3.8 develop any activity that could be classified as a spam.

    4.3.9 engage in activities that exhibit the elements of unfair competition.

    4.3.10 make negative comments about the operator on operator’s server or by using of communication tools provided by operator’s server.

    4.3.11 publicly attack and damage the sellers and the buyers. Negative review is not considered to be a damage. The operator is not responsible for any disputes.

    4.3.12 to use name or description of goods containing elements of HTML, Java Script, PHP and other programming languages in order to influence the content or venabilility of goods, or otherwise impair or endanger the functionality of the operator’s server.

    4.3.13 to use the name or description of goods that contains keywords used to manipulate searching results. It is all about using keywords that have nothing to do with the goods.

    4.3.14 to communicate with users about the possibility to purchase goods in other way than via MHM.

    4.3.15 to offer goods, which is contrary to good morals under legislation applicable in operator’s country.

    4.3.16 to offer goods, which does not match server designation.

    4.3.17 offer weapons, alcohol, narcotics or drugs, medicines, medical supplies, pornography, goods violating an intellectual property (infringement of rights to trademarks, appellations of origin, illegal copies of copyright works, etc.), goods designed to promote and disseminate the opinions of the extreme left or extreme right, aimed at suppressing human rights and freedoms or declaring national, racial, religious or class hatred or hatred towards another group of people.

    4.4 Goods price

    MHM offers its services in many different countries. Users coming from different countries use a common MHM server. The tax rate of the goods depends inter alia on the ship-from and ship-to country or state. When displaying the the goods it is not possible to determine the correct tax rate and hence the final price of the goods until the buyer's ship-to address is provided.

    4.4.1 In the event that the seller is not required to charge tax, the price of the goods to the buyer is displayed as final.

    4.4.2 In the event that the seller is required to charge tax (sales tax) the prices are displayed on the site without the tax!

    4.4.3 To determine the end selling price for the buyer the goods must be inserted in a shopping cart and the country (state) and the buyer's zip code should be provided as well. Afterwards, the system selects the correct tax rate and display the final selling price including applicable taxes before actual placing of the order. The system also offers a selection of available shipping methods of each seller and allows to determine the final selling price for the buyer.

    4.4.4 The buyer is always assumed to be a private person, the system does not support "reverse charge" mode in the relationship between buyer and seller (EU related only).

    4.4.5 The only exception, which allows for support of the "reverse charge" mode is a purchase of the monthly MHM subscription. If the seller is registered for VAT in EU country other than Czech Republic, then the seller will be charged a monthly MHM subscription without VAT rate using the "reverse charge" mode.

    4.4.6 The Seller shall always state the full price of goods and offer the goods at this price (it is not allowed to sell goods for partial advance payment only, if the final payment is not made via MHM as well).

    4.4.7 The price of goods must be the usual or reasonable price.

    4.5 Goods information

    4.5.1 The seller has the option to delete the offered goods or hide it at any time.

    4.5.2 The seller can change or modify the description of the goods.

    4.6 Purchase agreement

    4.6.1 The seller is notified of the order received by e-mail and in the Sales -> Order section of his profile.

    4.6.2 Both parties (buyer and seller) conclude a Purchase Agreement by placing and accepting an order.

    4.6.3 The Seller undertakes to send the goods upon receipt and payment for the order without delay.

    4.6.4 The seller has the right to cancel the order completely or partially. In both cases, the buyer is entitled to a refund of the respective amount.

    4.6.5 In the event of full cancellation made by the seller, the seller shall refund the full payment received to the buyer’s account used when the order was placed. Operator refunds deducted commission to the buyer’s account used when the order was placed based on a request received from either the seller or the buyer. The commission is paid back in case that both the buyer and seller agreed to refund. Buyer in such case receives full amount paid originally.

    4.6.6 In the event of a partial cancellation of an order by the seller, the seller is obliged to return the proportional part of received amount to the buyer’s account used when the order was placed. The operator refunds a proportional part of the commission deducted to the buyer’s account used when the order was placed based on a request received from either the seller or the buyer. The commission is paid back in case that both the buyer and seller agreed to refund. Buyer in such case receives amount equal to the price of undelivered goods and shipping.

  • 5. Commissions From Sale of Goods

    5.1 Operator charges the seller a commission for mediating the sale of the goods via MHM. The commission is paid automatically via PayPal Adaptive immediately after the payment is received from the buyer in the form of a deduction from the received payment, including taxes and excluding shipping costs.

    5.2 The seller agrees that the operator will issue a document for the seller showing debited commission in a form of electronic invoice that will be sent to  seller's email once a month.

    5.3 Operator is not obligated to arbitrate any goods claim between seller and buyer.

    5.4 The commission is 10%  from the total price including VAT without shipping cost when using the basic version of the store. The commission assigned to the extended versions of the shop is specified in their description.

  • 6. Privacy

    6.1 The registered user is obliged to provide truthful information.

    6.2 The registered user agrees that the operator maintains information that he provided at registration and exclusively in connection with the operation of the MHM server.

    6.3 Seller agrees that his data were provided by the operator to buyers interested in buying goods of the sellers.

    6.4 Buyer agrees that his data were provided by the operator to the sellers, whose goods the buyer is interested in.

    6.5 Registered user expressly agrees that personal data were provided by the operator in case of any complaint to the undelivered goods, and in cases where the operator is required to provide such data on the basis of law.

    6.6 The registered user is authorized to use the data provided only for the purpose for which they were provided, i.e. to buy or sell goods via the MHM, to a claim or complaint for non-delivery of goods, to disputes arising in connection with the purchase and sale of goods and undertakes not to use these information in any other way or otherwise process.

  • 7. Permission to Use Images

    7.1 by inserting images of the goods the user gives the operator the right and permission to use images for promotional purposes of MHM leading to popularization.

    7.2 The registered user agrees that the operator provides the images to third parties (such as newspapers, magazines, Internet sites, etc.) for the purpose of popularizing the server.

  • 8. Final Provisions

    8.1 Operator reserves the right to immediately terminate this Agreement with registered users who do not follow this agreement, who are not willing to cooperate in solving standard or exceptional situations with the operator.

    8.2 The operator reserves the right to immediately terminate the agreement with registered users without giving a reason.

    8.3 The agreement concluded under these terms and conditions shall be governed by the law of Czech Republic. The operator reserves the right to modify any provision of the services, as well as these Sales Terms and Conditions without prior notice.

    8.4 Agreement can be terminated by e-mail notice sent by the registered user to the operator.