1. Identity of the owner of this website (IMPRESSUM)
In compliance with Law 34/2002, of July 11th, on Information Society Services and Electronic Commerce, we inform you that the owner of www.stor8.com is:
Registered name: HypeCom Interactive SL (hereinafter Stor8)
Tax Identification Card no.: B95765996
Address: C/ Pintor Gustavo de Maeztu 8, 6D , Vitoria_Gasteiz (Alava)
Registration data: Alava Commercial Register
- 1. 1. Definitions of terms in these terms:
- User: registered users of Stor8.
- Seller: users who sell products through the platform.
- Commercial sellers: Partners who sell products through Stor8.
- Buyer: users who buy products through the Platform.
- 2. The bidder operates with the Stor8 platform, an online marketplace in which products are offered for sale (in particular, sneakers) that can be sold and bought, if their offer, acquisition or publication does not violate legal regulations or these terms and conditions.
- 3. 3. The general terms and conditions of users who deviate from these General Terms and Conditions do not apply, unless different providers expressly accept them.
2. General conditions of use of this website
The user must read these general conditions of use, provided that he or she intends to access and, where appropriate, use the services provided through this website, as these conditions may be modified. In this sense, “User” means the person who accesses, navigates, uses or participates in the services and activities, free or onerous, developed in www.stor8.com
1. Conditions for access and use of services
- Access to www.stor8.com is free. Paid services are expressly identified.
- At all times, the User must make lawful use of the services of this website, in accordance with these conditions, current law, morality and public order as well as practices generally accepted on the Internet.
- The User guarantees that all the information provided through the forms included in this website is licit, real, exact, truthful and updated. It will be the sole responsibility of the user to immediately notify Stor8 (HypeCom Interactive SL) of any changes that may occur in the information provided.
- The User shall abstain from: introduce viruses, programs, macros or any sequence of characters with the aim of damaging or altering the computer systems of this website; hinder the access of other users through the massive consumption of resources; capture data included in this website for advertising purposes; reproduce, copy, distribute, transform or make available to third parties the contents included in this website; perform actions through the services included in this website that may damage intellectual property, industrial secrets, contractual commitments, rights to honor, image and personal privacy of third parties; perform actions of unfair competition and illegal advertising.
- The services included in www.stor8.com allow you to publish information and interact with other users so that knowledge can be shared and all users enjoy a social, participatory, dynamic and enriching experience. Therefore, the user must commit to use these services under the most elementary forms of good manners and respect, refraining from publishing false information, offensive or with particular commercial interests. The user will be solely responsible for the publication of personal data or third parties or claims that may arise from the disclosure of confidential, incorrect, false, offensive or injurious information to intellectual property rights or industrial third parties.
- The provider provides the technical platform for the operation of Stor8. One of the objectives of the platform is to enable users and product suppliers to negotiate and execute sales contracts through Stor8.
- The provider does not become a contractual partner for sales contracts concluded exclusively between Stor8 users. The fulfillment of purchase contracts concluded through Stor8 is done exclusively between users or between users and product suppliers. Therefore, the provider assumes no responsibility for contracts concluded between users through the platform.
- The use of Stor8 for users is only permitted, insofar as it does not violate legal regulations or these terms and conditions.
- The products offered through Stor8 and the published contents of users do not represent the opinion of the provider and, in principle, are not verified by the provider to prove their legality, accuracy and completeness.
- The registration on the platform as well as its use and sales (see sections 5.1.2 and 5.2 et seq.) are free of charge.
- If the Goods (hereinafter also referred to as “Products”) are sold through the Platform, the Seller pays a fee to provide the Platform for the sale of the Product in accordance with the Provider’s current price list.
3. Calculation of commissions (commission)
- The fees amount can be found in the current price list for the provider.
- The provider is free to adjust the rates for future sales without giving any reason. The provider will inform the suppliers sufficiently in advance by means of automatic notifications, e-mail or internal message about such adjustments in the price list for future sales.
- Basically, the fee is calculated according to the sales price that the seller established at the time the item was placed (commission dependent on the sales price). This does not apply if the provider has a justified suspicion that there is a case of toll avoidance (see paragraphs 5.4 to 5.6).
4. Terms of payment
- In the event that the buyer pays for the item through one of the electronic payment systems, the provider either retains the fee directly or receives the corresponding credit through PayPal. The seller’s PayPal account will be credited with the purchase price and shipping costs minus the fee due to the seller.
- The seller agrees that the seller is entitled to charge the fee for their PayPal account (the seller).
- The late-entry credit in the Seller’s PayPal account will be immediately withdrawn by the provider until the commission has been paid.
- If the collection of debts fails, the seller must reimburse the provider for the additional costs incurred, to the extent that it is responsible for the failure.
5. Avoiding fees / fraud cases
- Avoidance of accrued or incurred fees in accordance with the above regulations is prohibited. In particular, the calculation of excessive and actually incurred shipping costs or the elimination of an item actually sold or shared to another user is also prohibited.
6. Artificial increase in shipping costs.
- The seller can only pay those shipping costs on the selling price, which he must pay himself. These include the following items:
- Costs of packaging material, to the extent that they have occurred;
- And the actual shipping costs that the seller has to pay for the shipment to the carrier.
- Shipping costs will be borne by the buyer and are not subject to the provisions of the paragraph 5.2 Regulated fees. Any additional costs cannot be reported as shipping costs. The seller bears the burden of proof for the amount of shipping actually incurred. In the case of notoriously high shipping costs or if there is a discrepancy between the amount of the selling price and the reported shipping costs, the provider is entitled to demand appropriate proof of the amount actually incurred. If the seller does not provide proof, the provider is entitled to charge the fee.
- To avoid misunderstandings, the provider recommends that the seller, in the case of unusually high and unsolicited shipping costs, provide a breakdown of the shipping costs to the provider.
7. Other calculations of fees in cases of circumvention
- In the case of a fee avoidance by specifying excessive shipping costs, the provider is entitled to charge the fees, taking into account the product of actual sales. If actual sales revenue cannot be determined, the calculation of the fee is based on the assumption that the seller only incurred the usual shipping charges for the respective item and the remainder will be valued as the purchase price. If there is a case of toll evasion due to unauthorized removal of an item sold, the fee is calculated on the basis of the originally quoted selling price. Alternatively, the fee can be calculated on the basis of the target market value of the corresponding item. The provider alone cannot claim the otherwise calculated charge if the seller can prove that no circumvention of the providers’ fee regulations occurred.
8. Deleting an Item After the Sale
- The seller is obliged to mark an item as sold as soon as a purchase contract has been concluded with a buyer on the platform. This is done by pressing the “Sold” button.
- Fee circumvention is a criminal offence within the meaning of the Penal Code and is presented by the provider for display. In addition, it represents an extraordinary reason for termination and leads to the seller’s exclusion from the platform. No renewed registration is allowed on the platform.
9. Conclusion of the contract between the users / shipment.
- The placement of goods in Stor8 constitutes a legally binding offer to conclude a purchase agreement to potential buyers. In doing so, it determines a selling price at which the offer can be accepted. The selling price of the respective goods is understood as the final price, including the applicable sales tax and other price components. The selling price does not include shipping and delivery costs, which must be specified separately.
- If a buyer accepts the offer, a legally valid purchase contract arises between the seller and the buyer.
- Payment for goods purchased through Stor8 is only possible through the integrated payment systems at www.Stor8.com
- Sellers must be able to offer the goods to the buyer immediately after the conclusion of the contract and payment.
- Sellers agree to ship the goods within one week of receipt of payment and use the shipping method chosen by the buyer.
- The Provider shall at no time be the contractual partner of contracts concluded between users using Stor8. The fulfillment and processing of contracts concluded through www.Stor8.com also take place exclusively between users and is not the subject of the user agreement.
- Sellers cannot claim Stor8 (commissions) or PayPal fees to buyers in addition to the agreed sale price.
- Sellers ensure that they are authorized to sell products through Stor8 and guarantee that the products are original brand products that enter the market with the consent of the manufacturer and, therefore, are not a fake / replica product. Sellers ensure and guarantee that the products do not violate the rights of third parties.
- Users are responsible for archiving information visible and stored by the Stor8 provider they need in order to obtain evidence, accounting or other purposes on a Stor8-independent storage medium.
- When publishing items, the seller must provide information about shipping options. For shipping options, one must specify the shipping costs to be borne by the buyer (postage, packaging).
- The buyer must select the appropriate shipping option before clicking the “Buy Now” or “Buy” button.
- Shipping is done exclusively according to the conditions of the respective shipping company. The provider is not involved and is not responsible for the execution of the shipment.
- For items with a purchase price higher than EUR 30.00, an insured shipment with tracking is recommended for security reasons, even if uninsured shipping is also possible.
- For documentation purposes, it is recommended to photograph the item prior to shipment.
11. Quotation / Description / Prohibited Content / Complaints
- All offers must be described correctly and completely with words and images. In doing so, all properties and characteristics essential to the purchase decision, the purchase price, as well as any deficiency that reduces the value of the goods offered, must be stated truthfully. One should also indicate possible shipping options. The provider assumes no responsibility for the feasibility, completeness or quality of the information provided by users.
- All offers must be set out in the relevant catalogue category. Multiple publication of an article at the same time is prohibited.
- Users may only offer items that belong to them or that they are allowed to own with the consent of the owner.
- Each user is responsible for the items offered and for the compliance with all legal requirements. It is prohibited to interrupt offers that violate applicable law, these terms and conditions, the rights of third parties, in particular trademarks and copyrights, or against common decency or their distribution by legal provisions (including laws on consumer protection, protection of minors, unfair competition, export, etc.) It is restricted or prohibited.
- In addition, content that is established in violation of criminal laws, trademarks, copyrights or competition in particular:
- Contributions with pornographic or juvenile contents,
- Contributions with inciting content or content from unconstitutional organizations,
- Contents whose exploitation and public reproduction infringe copyright, ancillary copyright or industrial property rights (trademarks, designs and utility models),
- Photos or videos that violate the rights of third parties to their own image and name or personal rights,
- Unobjectionable insults or insults,
- Promote illegal content such as software cracks, serial numbers, download sources or instructions for using illegal software;
- Executable programs that contain viruses or Trojans.
- When uploading an item in the catalog, at least three true photographs (hereinafter, “images”) of the offered item must be included in good quality. Any defect of the item must be recognizable in the image material. It is forbidden to add images that are not true (for example, from the Internet or a similar item).
- Photos are protected by copyright or corresponding copyright. Therefore, each user guarantees that when uploading an item, only those images will be used whose sole copyright holder is the user or that the copyright holder has consented to the use.
- The product descriptions, as well as the images used here, may refer only to the products offered. Advertising of products not offered on Stor8 is prohibited. The Seller may not use quality labels, warranty marks or other symbols of third parties in the context of the use of Stor8, unless the provider authorizes such symbols.
- Links, e-mail addresses, telephone numbers, user accounts on Instagram, Facebook, etc. are also not permitted in the description of the offer. The provider reserves the right to remove links, e-mail addresses and telephone numbers immediately.
- The publication of false offers, which are only for the promotion of services outside Stor8, is prohibited. It is prohibited to contract advertising media that are not directly related to the initiation or execution of a purchase contract through Stor8.
- Users may not block, overwrite or modify the content generated by the provider or other users, nor interfere with Stor8 in any other way, especially if this could lead to an excessive burden on Stor8’s infrastructure.
- It is not permitted to manipulate the search function of the platform, e.g. by incorrect insertion of items’ brand names or other item-specific search terms in the item description or the description of offers.
12. Granting of rights of use
- Users grant the provider a simple, unrestricted, non-transferable and revocable right to use the content on Stor8.
- The provider reserves the right to edit the content of users, for example, to ensure a uniform format at the time of publication. This applies in particular to the content of offers and evaluations, in which format they are published. The user accepts this form of processing.
- The provider also has the right to technically edit the content of users so that it can also be displayed on mobile devices or software applications of K'LEKT or third parties.
13. Blocking of user accounts and exclusion of users.
- For concrete evidence of violations of a user against legal provisions and in these terms and conditions, the provider may block the relevant offers.
- The provider may take the following measures if there are concrete indications that a user violates legal provisions, these GTC or the rights of third parties or if the provider has another legitimate interest, in particular to protect users against fraudulent activities:
- Deleting offers, ratings or other content,
- Warning to users,
- Delay in the publication of goods and other content,
- Restriction on the use of Stor8,
- Temporal suspension.
- In case of repeated violations, the provider may exclude a user from the use of Stor8 (final suspension), as well as in case the user has provided incorrect contact information, transfers his user account or grants access to third parties, other users, or the provider; causes damage to a large extent, repeatedly violates these terms, or for other important reason.
- In selecting that measure, the provider considers the legitimate interests of the user in question, in particular the fact that the user has caused the infringement.
- If a user is finally banned, there is no right to recover the suspended user account or rating profile. If a user has been banned, this user cannot continue to use Stor8 with other user accounts. It is also forbidden the renewed registration of the blocked user with a new / incorrect name.
- In case a user account is blocked, both parties have the right to terminate the user agreement immediately.
14. Personal Message Service
- Users can interact personally on the platform using the internal messaging system. The purpose of the intelligence service is first and foremost to clarify open-ended questions about the item offered before making a purchase. Conversations are thus recorded in the news feed and can be used later as needed for evidence purposes.
- Content of Messages
- Users agree not to use the news feed service on the platform to send advertising material (called “spamming”). In addition, users agree not to send content that endangers the services of the provider, such as viruses or the like, to not harass other users by the number or content of messages, to offend or send other content that does not comply with legal provisions or according to these terms and conditions.
- A violation of this provision constitutes an extraordinary reason for termination.
- Manual verification of message content.
- The provider’s customer service team may manually review, store and evaluate your personal messages for customer service and transaction resolution conflicts resolution to make informed decisions. The manual review of messages is performed only if a user consults the provider’s customer service team. The information and data collected by the provider’s customer service are used exclusively for the resolution of conflicts between users and, where appropriate, to educate or prevent possible cases of fraud and abuse on the platform. The provider does not use the information it collects for advertising purposes. By using the platform, users agree to a manual review.
3. Intellectual and industrial property rights.
STOR8 is the owner of the intellectual and industrial property rights of all the elements that constitute www.Stor8.com, including the trademark, commercial name or any identity image of the Stor8 trademark. In particular and without limitation, graphic design, source code, logos, text, graphics, illustrations, photographs, sounds and other elements contained on the website are protected by copyright.
In no case the access or navigation in www.Stor8.com implies resignation, transmission, total or partial license on the rights of intellectual and industrial property of Stor8 in favor of the User.
Therefore, the User acknowledges that the reproduction, copying, distribution, marketing, transformation, reuse, public communication and in general, any other form of exploitation, by any procedure, of all or part of the contents of www.stor8.com without the express written permission of Stor8, constitutes an infringement of their intellectual and/ or property rights and.
All information that does not have the consideration of personal data or that is not expressly referenced as confidential information or protected by intellectual property rights or industrial, voluntarily transmitted to www.Stor8.com through the Internet (including any observation, suggestion, idea, graphics, etc.) will be understood public domain and therefore, may be reused or exploited by Stor8 without any limitation, and free of any burden, in the maximum expression permitted by law.
4. Legal responsibilities and guarantees.
4.1. . Stor8 declares that it has adopted both technical and organizational measures that, within its capabilities and the state of technology, allow the proper functioning of the web, as well as the absence of viruses and harmful components; however, it cannot be held responsible for: (a) the continuity and availability of the contents and services included in www.stor8.com (b) the absence of errors in said contents nor the correction of any defect that may occur; (c) the absence of viruses and/or other harmful components in www.Stor8.com; (d) the impregnability of the security measures that have been adopted; (e) the damages caused by any person who violates the security systems of www.Stor8.com.
4.2. The user declares to know and accept without reservations that Stor8 cannot guarantee the accuracy, availability, usefulness, or accuracy of all content included in www.stor8.com, given that it does not have the technical and human resources necessary to control in real time all content that users and collaborators can publish. Therefore, Stor8 is excluded of any direct or indirect liability for damages of any kind, arising from the fraud of utility, accuracy, truthfulness or expectations that the user has deposited in the contents included in www.Stor8.com.
4.3. The User will be solely responsible before third parties for any communication sent personally or in his name to www.Stor8.com as well as for the illegitimate use of the contents and services contained in this website.
4.4. Stor8 reserves the right to suspend temporarily and without notice, the accessibility to www.stor8.com on the occasion of maintenance operations, repair, updating or improvement of the website.
4.5. The links to other websites that may exist in www.stor8.com can take you to websites of which Stor8 assumes no responsibility, as it has no control over them, and its purpose is to inform the user of other sources of information, so that the user accesses under its sole responsibility to the content and conditions of use governing them.
4.6. Stor8 is not responsible for the use that users can make of the content and services included in its website, given that it has no technical or human resources to monitor in real time all traffic and content published on www.Stor8.com. Consequently, it does not guarantee that the use users can make of the content and referred services, conform to these general conditions of use, or do so diligently. In the event that the User detects illegal, offensive or contrary behaviors to these conditions of use, we invite you to inform Stor8 through the means of contact indicated in the first point, so that corrective measures can be taken.
4.7. In the event of service payment, the User acknowledges and accepts without reservation that Stor8 cannot be responsible for frauds, illegal use of card numbers, duplicates, pharming or any type of cyber attack directed against the user. Consequently, the User will abide by the contractual conditions and guarantees established by the financial institution through which he has made the online payment.
4.8. The recommendations, features and descriptions on products published on our website, are made following the specifications of each manufacturer, as well as collecting the opinions of users and collaborators, therefore, the User declares to know and accept without reservation that Stor8 cannot be responsible for the effective quality of these products, or the guarantees offered by manufacturers.
In compliance with Organic Law 15/1999, of 13th December, on the Protection of Personal Data (LOPD), we inform you that the personal data you provide through the website www.Stor8.com, will be treated confidentially and will become part of an automated file owned by Hypecom interactive S.L. with address at S / Pintor Gustavo de Maeztu 8, Vitoria-Gasteiz (Alava), and has been duly registered with the Spanish Data Protection Agency (www.agpd.es).
We also inform you that you can exercise your rights of access, rectification, cancellation and opposition in accordance with the provisions of the LOPD, by sending a registered letter or equivalent form that allows you to prove its receipt, along with a photocopy of your ID, to the following address: S / Pintor Gustavo de Maeztu 8-6D, Vitoria-Gasteiz (Alava). Failure to fill in the fields, indicated as obligatory, which appear on any electronic registration form, may result in Stor8 not being able to attend to your request.
The user is informed and accepts without reservations that Stor8 will reach collaboration agreements with third parties, which may involve the transfer of personal data for commercial purposes. However, if the user does not wish their personal data to be transferred under any circumstances, they can indicate it so at the email address: email@example.com
Children and young people under 18 years of age are warned that they must have the permission of their parents or guardians to provide personal data on the Stor8 website.
Stor8 has adopted the necessary measures to prevent the alteration, loss, treatment or unauthorized access of personal data, taking into account at all times the state of technology, the nature of the data stored, and the risks to which they are exposed, whether from human action or the physical or natural environment; however, the user must be aware that security measures on the Internet are not impregnable.
6. Cookies Policy
7. Duration and modification
7.1. Stor8 reserves the right to modify, in whole or in part, these conditions of access by publishing the changes on www.Stor8.com. It may also make without notice the changes it deems appropriate on the website, being able to change, delete or add both the content and services it provides, as well as the way in which they are presented or located. Consequently, the conditions that are published at the time the User accesses www.Stor8.com will be understood to be in force, so the User must periodically read these conditions of use.
7.2 Irrespective of the provisions of the particular conditions, the User expressly acknowledges and accepts that www.Stor8.com, for economic reasons, opportunity or business, may unilaterally and without justification, suspend, interrupt or close www.stor8.com, temporarily or permanently, at any time, without notice, and without the possibility for the User to claim any compensation.
8. Applicable legislation and jurisdictional competence
The relations established between Stor8 and the User shall be governed by the provisions of existing legislation on applicable law and competent jurisdiction. However, for cases where the law provides for the possibility of the parties to submit to a jurisdiction, Stor8 and the User, expressly waiving any other jurisdiction that might correspond, submit to the Courts and Tribunals of the city of Vitoria-Gasteiz.