Overstock Trader Terms and Conditions

Overstock Trader is a virtual Marketplace, built on 8trade platform (“Marketplace”), administrated by Sales Desk Solutions LLC (“Administrator”) The general Terms and Conditions of 8trade are available at https://8tra.de/terms-and-pirivacy (“8trade T&C”) and shall apply to the use of Marketplace.  

These Terms and Conditions together with the 8trade T&C are hereinafter jointly referred to as the “Policies”.

The entity offering the services or goods through the Marketplace is hereinafter referred to as the “Seller” and the entity purchasing goods or using the services offered through the Marketplace is hereinafter referred to as the “Buyer”.

Administrator, Sellers and/or Buyers hereinafter are jointly referred to as the "Parties" and each separately as a "Party".  Sellers and/or Buyers may be referred to as  “You”.

1. General Provisions 
   1. These terms and conditions, shall govern (i) Sellers’ and/or Buyers’ use of the Marketplace and (ii) Sellers’ and/or Buyers’ relationship with Administrator with respect to the Marketplace and/or any of the services or goods offered or accepted through the Marketplace.  
   2. By registering in the Marketplace and/or using any of the services or goods offered or accepted through the Marketplace, You agree, acknowledge, represent and warrant that You have reviewed, accepted and will comply with the Policies and, if You have indicated that You act on behalf of an entity, are authorized to act on behalf of this  entity.
   3. Notwithstanding the foregoing, Sellers and Buyers are free, as solely between themselves, to set the price, terms and conditions under which a Buyer may purchase specific services offered by a Seller, which services or goods have been offered through the Marketplace.
   4. If You do not wish to be bound by these Terms and Conditions, do not use, access or register with the Marketplace.
2. Use of the Marketplace
   1. The sale (or the offer of sale) of services or goods that are illegal, that are of sexual nature, that contain hate speech or symbols or other abuse content, or that violate the Policies is forbidden.
   2. All Parties selling and purchasing services or goods on the Marketplace must have full legal capacity under applicable law.  If a Buyer purchases services or goods with the intent or understanding that those services or goods will be used by a minor, the Buyer shall so inform the Seller before the purchase.
   3. In connection with any agreement made through the Marketplace, it is the Sellers’ sole responsibility to comply with any applicable tax laws, including but not limited to any withholding or reporting of applicable sales, consumption or value added taxes.
   4. For the sake of clarity 8trade Sp. z o.o.  does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered on or through Marketplace and 8trade Sp. z o.o. will not be a party to or in any way monitor any transaction concluded or negotiated on or through Marketplace. 
3. Sellers
   1. Sellers may use the Marketplace and/or offer their services or goods on the Marketplace by registering in the Marketplace. 
   2. Sellers may describe and offer their services or goods using the Marketplace. Sellers have sole discretion over the specific terms and conditions for which they offer to sell their individual services or goods to an individual Buyer (but each time in compliance with any applicable laws and regulations).  
   3. Sellers are solely responsible for any content they use on the Marketplace to describe and offer their services or goods.  Administrator does not control such content and makes no representation as the accuracy of any such content and its correctness. Sellers may only offer services or goods in accordance with all applicable laws, rules and regulations and the Policies.  Administrator reserves the right to remove any and all content from the Marketplace or temporarily suspend the Marketplace when such suspension is necessary to remove content that is not compliant with the Policies or other regulations.
4. Buyers
   1. Buyers may use the Marketplace and/or purchase services or goods offered on the Marketplace by registering in the Marketplace.  Buyers may negotiate with a Seller over the price, terms and conditions that apply to their purchase of specific services or goods offered by a Seller on the Marketplace.
   2. Buyers shall pay Sellers for any services or goods they purchase using the payment systems available in Marketplace.
5. Changes to the Marketplace and/or the Terms and Conditions
   1. Administrator reserves the right to change the Marketplace and/or these Terms and Conditions at any time.  Administrator shall use reasonable efforts to inform You in advance of any material changes that may affect Your use of the Marketplace.  By continuing to use the Marketplace following any such changes, You agree to be bound by the amended Terms and Conditions
6. Intellectual Property Rights
   1. Subject to any agreement between a Seller and a Buyer with respect to a specific service or goods, any Intellectual property rights to a service or goods remain the sole and exclusive property of the Seller and/or their respective owners.  Seller grant the Administrator an irrevocable, sublicensable, royalty-free, not limited, worldwide license to use, reproduce, distribute, create derivative works of, transmit, publicly perform, publicly display and perform any material uploaded on Marketplace for the purposes of making your services or goods available the Marketplace.
   2. Sellers have sole responsibility to ensure that they do not violate any copyrights, trademarks or other Intellectual property rights in connection with offering their service or goods on the Marketplace.  The offering of and the purchase of services or goods on the Marketplace that infringe on the Intellectual property rights of others is not allowed and will immediately be removed from the Marketplace.
7. Fees and Payment Terms
   1. Sellers and Buyers individually negotiate the fees  for any services or goods offered on the Marketplace. The Administrator does not charge or impose a fee on either Sellers or Buyers with respect to the offer and sale of services on the Marketplace.  
   2. Sellers and Buyers may incur fees when using the third-party payment services  available on Marketplace. Such third-party payment services shall be solely subject to their applicable third party terms and conditions, including any applicable fees. Neither 8trade nor Administrator takes no responsibility for Your use of such third-party payment services and disclaims all warranties express, implied, or statutory, including any warranties of merchantability, title, fitness for a particular purpose, or noninfringement, regarding the use of such third-party payment services.
8. Indemnification
   1. To the extent permitted by applicable law, You agree to indemnify, defend and hold Administrator, its affiliates, suppliers, subsidiaries, directors, officers, directors, contractors, agents and employees harmless from any and all losses, costs, liabilities, damages, taxes or expenses and harmless from any claim or demand, including reasonable attorney’s fees or court costs made by any third party due to or arising out of Your breach of the Terms and Conditions any representation granted hereto or Your violation of any law or the rights of a third party.
9. No Warranty, Limitation of Liability
   1. The Marketplace and the use of the Marketplace is provided on an “as is” basis, and Your sole recourse in the event of Your dissatisfaction with the Marketplace or any services or goods offered or purchased through the Marketplace is to terminate your use of the Marketplace.  Administrator makes no warranty, express or implied, and expressly disclaims the warranties or conditions of availability, correctness, non-infringement, merchantability, and fitness of the Marketplace or any of the services offered through the Marketplace for any particular purpose.
   2. In no event shall Administrator be liable for personal injury or any incidental, special, indirect, consequential or punitive damages, including, but not limited, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to this Terms and Conditions, Your use or inability to use the Marketplace (however arising, including negligence). 
10. Use of Your Information
    1. Administrator may use general information (such as the name and/or logo) related to You and the Marketplace in its marketing of the Marketplace. You may present Yourself on the Marketplace and in public as a user of the Marketplace. You hereby grant 8trade a non-exclusive right and license to use the names, trademarks, service marks and logos associated with Your account in order to promote the Marketplace. You may delete all materials provided by You by deleting Your account.
11. Entire agreement
    1. These Terms and Conditions constitute an entire agreement between the Parties with respect to the subject matter hereof, and supersedes all proposals, oral or written, all previous negotiations, and all other communications between the Parties with respect to the subject matter of the Marketplace.
    2. For the avoidance of doubt, third-party terms and conditions may be applicable to the Marketplace or parts thereof if such third-party services are used by You as a part of the Marketplace. In such case, any third-party terms and conditions shall be solely applicable to such third-party services.
12. Independent Contractors
    1. No use of the Marketplace by either Sellers or Buyers shall be construed as creating a partnership, agency, joint venture or any legal entity between Administrator and You and/or any other Sellers or Buyers. Administrator is not acting as Your representative or agent with respect to the Marketplace. 
13. Governing Law, Resolution of Disputes
    1. The Marketplace, the use of the Marketplace by Sellers and Buyers, and the interpretation of these Policies are subject to and governed by the laws of the Poland.
    2. Any disputes arising out of the Terms and Conditions or the usage of the Marketplace, the use of the Marketplace by Sellers and/or Buyers and/or the application and interpretation of these Policies, shall be exclusively and finally settled by Polish court. The language of the proceedings shall be English.
    3. If any provision of these Terms and Conditions proves to be invalid, void, otherwise legally defective or unenforceable, the remainder of the Terms and Conditions shall continue in full force and effect. In the event of a provision being invalid, ineffective, otherwise legally defective or unenforceable, such provision shall automatically be replaced by a lawful provision that most nearly represents Parties intentions as reconstructed from the text of these Terms and Conditions.
    4. The  Terms and Conditions may be available in languages other than English. To the extent of any inconsistencies or conflicts between English version of the Terms and Conditions and other language version, the English version shall prevail. 
        

8TRADE’S  PRIVACY POLICY 
Controller of Personal Data

Please be informed that 8trade Sp. z o.o., a company existing under the laws of Republic of Poland, which seat is in Lublin 20-124, Szkolna Street 15, Poland, registered in entrepreneurs register of the National Court Register under no. 0000843332, is a controller of Your personal data [hereinafter: Controller]. You can contract the Controller be e-mail [email protected] .  
 

1.  The purposes of the processing your personal data
   1. in order to: conduct promotional and marketing activities of the Controller through electronic means, by informing about the Controller and its activities as well as answering questions asked, in particular using  e-mail address provided by You for this purpose in accordance with Article 6(1)(a) of Regulation of the European Parliament and of the Council /UE/ 2016/679 of 27 April 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (OJ EU L2016, No 119, p. 1) [hereinafter: GDPR];  
   2. in order to: perform contracts concluded with You or take steps (at Your request) prior to the conclusion of such contracts, in accordance with Article 6(1)(b) of  GDPR;  
   3. in order to: perform contracts with the entity You are a representative of in relations with the Controller (including i.a.: employee, contractor or further subcontractor) or take steps prior to the conclusion of such contracts, in accordance with Article 6(1)(f) of GDPR;
   4. in order to: conduct promotional and marketing activities of  the Controller by  other means of communication than electronic, including informing about the Controller and its activities and answering questions asked, in accordance with the Article 6(1)(f) of GDPR;
   5. in order to: perform  statistical measurements regarding: the website available at 8tra.de [hereinafter: the Website], Website users and their preferences; monitor Website traffic; distinguish Website users (without identifying them); ensure safety of the Website as well as services available on Website (i.a. to detect any instances of improper use of the Website); constantly enhance services available on the Website and adjust them to users' preferences, in accordance with the Article 6(1)(f) of GDPR.
   6. after other basis have been exhausted or expired in order to: establish, exercise or defense of legal claims, in accordance with the Article 6(1)(f) of GDPR.

1. The legitimate interests pursued by the Controller or by third party are:
   1. with reference to section 2(c) above -  communication with the Controller's business partner/contractor and performance of the agreement concluded with him/her;
   2. with reference to section 2(d) above -  the Controller's marketing and promotional activities;
   3. with reference to section 2(e) above - maintaining and developing the Website, ensuring the security of the Website as well as services available on Website, enhancing of services available on the Website and adjusting them to the preferences of the Website users;
   4. with reference to section 2(f) above - establishment, exercise or defense of legal claims
2. The recipients of Personal Data/ Categories of recipients of personal data
   1. Your personal data may be transferred to: entities authorized under the law, entities authorized under agreements concluded by the Controller, to the extent necessary to perform the aforementioned obligations / contracts, in particular to a entities rendering services related to: making available and maintenance of the Controller's e-mail system  and/or operating the Website, as well as to You.
3. Transfer of personal data to a third countries or an international organization
   1. The Controller does not intend to transfer Your personal data to third countries or an international organizations.
4. Period for which the personal data will be stored/ criteria for determining this period
   1. Your personal data processed on the basis of Your consent will be stored for the period of its validity, i.e. until the moment of its withdrawal, and then for the period necessary for the Controller  to fulfil the obligations imposed on the Controller by applicable law.
   2. Your personal data processed on  other legal basis than Your consent, will be stored respectively: for the period of cooperation with You or the entity You represent (work for), and after its termination  for the period of limitation of claims related to this cooperation or the period necessary for the Controller to carry out the obligations imposed on the Controller by applicable law.
5. Your Rights 
   1. The detailed scope of Your rights as a data subject are provided in Chapter III of the GDPR titled "Rights of the data subject".
   2. At any time, You are entitled to execute above said rights in accordance with general binding law. In particular You are entitled to: 
      1. request access to Your personal data;
      2. request the rectification of Your personal data;
      3. request the erasure of Your personal data, except when the  processing is necessary for: (i) compliance with a legal obligation requiring processing under Union law or the law of the Member State to which the Controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the Controller, (ii) archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, in so far as the right referred to in this section is likely to render impossible or seriously impair the achievement of the objectives of that processing (iii) the establishment, exercise or defense of legal claims;  
      4. request that the processing of Your personal be restricted; 
      5. object to the processing of Your personal data, which is performed on the basis of Article 6(1)(f) of GDPR; 
      6. request the transfer of Your personal data which is performed on the basis of Article 6(1)(a) and/or Article 6(1)(b) of GDPR, provided that the processing is carried out by automated means;
      7. lodging a complaint to the Supervisory Authority (in Poland it is the President of the Office for Personal Data Protection);
      8. to the extent that processing is based on Your consent -withdraw consent on processing of Your personal data at any time without affecting the lawfulness of the processing carried out on the basis of consent prior to its withdrawal.
6. Information on the requirement / conditions for providing personal data and the source of the data
   1. Providing personal data is not a statutory requirement. However, failure to provide Your data may prevent the Controller, respectively: to contact You or entity which You  represent, to conclude or  to perform a contract, to provide services on the Website. 
   2. If the data processed has not been provided directly by You, its source is the Entity which You represent  in contact with the Controller or was obtained by the Controller from publicly accessible  sources. In such cases, the Controller  processes Your personal data in form of contact details: name, surname, telephone number, e-mail address, organization which You represent and the function performed in it (the categories of personal data concerned).
7. Automated decision-making
   1. Your personal data may be processed by an automated or partially automated means.
   2. Your personal data will not, however, be used to make decisions that are based solely on automated processing (including profiling) and have legal effects on You or in a similar way significantly affect You
8. Policy amendments and updates 
   1. The Controller  reserves the right to amend this policy and update it, from time to time.