These Special Terms concern any person, legal entity or association (hereinafter: the advertiser), who – in order to advertise - visits or uses the Single Market website, which is, at the time of the entry into force of these Special Terms, available at the web address http://www.single-market.eu (hereinafter: the website) and managed by the company Single Market Limited, 3rd Floor, 14 Hanover Square, London W1S 1YH, England, United Kingdom (hereinafter: the provider).
These Special Terms are binding, regardless of whether a purchase was made or not and regardless of whether an advertisement (hereinafter: the ad) was published or not.
II. Information and communication with the Provider
Provider and its seat: Single Market Limited, 3rd Floor, 14 Hanover Street, Hanover Square, London W1S 1YH, England, United Kingdom; E-mail address (the address to which advertisers may send any objections, remarks, queries or statements): firstname.lastname@example.org – the languages of communication should be English; Registration number: 07421696 Entry in company register: The Registrar of Companies for England and Wales, United Kingdom, on 28/10/2010.
III. Advertiser's Contributions (Advertisement)
Only registered advertisers may upload contributions, ie. publish advertisements (also: ads) to the website (text, images, pictures, links, films, sounds etc.). Registration is free of charge.
The ads may only be sent through the website, but communication (sending inquiries, offers etc.) between the advertiser and his/her (potential) clients (customers, lessees, tenants, charterers etc.) may only be held directly (between the advertiser and his/her clients - as users of the website), without intervention of the website or provider.
The provider assumes no responsibility or guarantee for advertiser's ads. The provider has the exclusive competence to decide whether to publish ads and to determine the method of publication. The provider is not obligated to notify or explain its decision not to publish a certain ad to the advertiser. At its own discretion, the provider may abbreviate or refashion the advertiser's ad in any other way.
If the advertiser is using the website in contravention to the rules of use of the website (eg. publishing inappropriate content etc.), the provider may - at its sole discretion – delete published contents and temporarly or permanently prevent the advertiser from accessing and using the website. If the provider uses rights and options under this paragraph he shall not be obliged to reimburse the payments for purchased package(s) and token(s); if the advertiser has not yet paid for package and token(s), the provider is entitled to the payment for it (them).
If the advertiser's ad is eligible for copyright, the advertiser, by sending the contribution to the website, exclusively transfers to the provider, without limitations in time and location, including unlimited circulation, all copyrights to the sent contribution, including storage and distribution in electronic form, sound and visual recording, use on merchandise and the right to import. The advertiser allows the provider to protect and use the contribution or its part as a distinguishing sign. The provider may transfer the rights referred to in this paragraph to third parties without restrictions.
The provider assumes no guarantee of the duration of ad publication, storage and backup. The provider shall not be obligated to return the advertiser his/her contributions. The provider recommends that advertisers store backups of the original ads that they have sent to the website.
IV. Who is eligible to publish ads and make sales
Publishing advertisements (ads), attaching tokens and making sales (sell, lease) of products (goods and services), is allowed only by registered advertisers over and including the age of 18, with a legal and a contractual capacity. The provider shall reserve the right to decide whether or not to acknowledge any agreement concluded with it by an advertiser who is under 18 years of age or does not possess legal or contractual capacity.
Sales can be made only directly between the advertiser and his/her customer; the provider is not a seller nor a lessor and is not involved in the sales procedure in any way.
V. The process of publishing ads and attaching tokens; rectification of mistakes
The registered advertiser may publish advertisements (ads) on the website and attach tokens to advertisements, under certain conditions.
Ads have to be related with nautics (ads with offers to sale or lease boats, yachts and other vessels).
After registration to the website, the advertiser creates an advertiser account and an advertiser sub page on the website.
On the advertiser sub page he/she can add and edit his/her ads, attach tokens to ads and attach links to his/her own (advertiser's) web page. The price for advertising depends on the quantity of ads and tokens, which the advertiser intends to publish and attach.
The price for advertising:
Free ads (from one up to three (including) ads): each advertiser can publish up to three (including) ads for free. Each advertiser can have only one free advertiser account and advertiser sub page; the provider has the right to check, whether the advertiser abides his/her obligations/restrictions; if the provider finds out that the advertiser breaches its obligations/restrictions, the provider can at its sole discretion suspend or delete advertiser's account and sub page and use other options, for example under General Terms. Advertiser, who has free advertiser account, may upgrade his account to payable account (see also: the following indent);
Payable ads (more than three ads): the advertiser has to pay certain price, ie. buy an appropriate advertising package (hereinafter: the package) from the provider. The advertiser buys package in advance. By purchasing a package the advertiser obtains the right to publish a certain number of ads on the website, depending on the type of package.
The advertiser, whose ad is published on the website, can also buy tokens from the provider, which will enable him/her to highlight a particular advertisement; this applies to both: payable and free ads. There is a possibility that the advertiser, who pays for advertising, could obtain a certain quantity of tokens within the package, depending on the type of package.
During the purchase procedure of items (package, tokes), before submitting the offer, which is binding for the advertiser, the advertiser may acquaint him/herself with the key characteristics of the items, including the value added tax (VAT) and payment options.
The images of items are symbolic and do not guarantee their characteristics.
The prices of items are stated in euros and include value added tax. The advertiser will be notified of the total amount for payment (item price, tax and other costs) when, during the purchase process, he/she makes his/her choice, but before submitting the order, which is binding for the advertiser.
The purchase of items follows these steps stated below:
After registration (login) to the website, the advertiser clicks the button 'Place a new ad', located on the home page. If the advertiser has already used up free ads, he/she has to buy an appropriate advertising package. The advertiser chooses the desired package from a list of possible packages, with incsriptions of each package. Each advertiser has one package, which can be upgraded. If the advertiser wants to buy tokens, he/she chooses the desired quantity of tokens.
In the next step, the advertiser adds the selected package and/or tokens to the basket by clicking on 'Add to basket'. The advertiser may cancel the selection by clicking on the button 'Empty your basket'.
The advertiser may proceed with the purchase only after having read these Special Terms. He/she confirms to agree by ticking the appropriate check box.
The purchase process continues with a click on the button 'Continue'.
In the next step, the selected package and tokens (from the basket) are displayed along with their prices.
Then the advertiser is notified of the complete and final calculation of costs. It is the advertiser's responsibility to check his/her order. If he/she finds that there was a mistake during the process, this can be rectified by clicking on the button 'Back', returning to the previous pages and entering the correct data.
After having inspected the order and the amount due for payment, the advertiser selects the means of payment and proceeds by clicking the button 'Finish'.
The programme redirects the advertiser onto the payment provider's page, where the payment transaction is completed.
The advertiser is able to publish payable ads and attach tokens immediately after the purchase price has been paid and he/she has received the provider's notification of a successfully completed purchase; in case of bank transfer payment, the advertiser can publish ads and attach tokens after he/she has provided the proof of payment to the provider and the provider has confirmed (by e-mail) the receipt of this proof and notified the advertiser about a successfully completed purchase.
The advertiser has to regularly check the period of validity of published ads, advertising package and tokes. After the expiry of validity of ads, package and tokes, ads and tokes will be erased. Before the expiry of validity, the advertiser has to extend the validity of ad, package and token, by upgrading his/her advertising package, by buying new tokens and by extending the validity of a free ad. There will be no automatic extension of validity of ads, package or tokens.
The contract between the advertiser and the provider is concluded when the advertiser receives the notification of a successfully completed purchase.
General Terms and these Special Terms (as their appendix) form a constituent part of the contract.
The contract is concluded in English language. The provider does not hold a copy of the contract at its premises.
VII. Payment methods
Items ordered can be paid for in various manners:
With a credit card;
Via Pay Pal;
With bank transfer payment, based on a pro forma invoice.
Payment with a credit card
Payments can be made with Master Card, Visa or Diners Club International credit cards.
In order to make the transaction, the advertiser must, on the page of the payment provider, enter the following information:
Credit card number (no spaces, dots, dashes or other characters separating the figures; correct: 2321395477421676, incorrect: 232 139547 742 1676);
CVD – usually the last three or four digits on the reverse side of the card;
Date of the validity of the card.
By clicking the button 'Confirm Payment' the purchase process is finished.
Payment via Pay Pal
The advertiser can also pay without exposing credit card number to the provider.
After selecting Pay Pal payment, the advertiser enters Pay Pal web page (www.paypal.com), logs in to his/her Pay Pal account and clicks 'Send Money' at the top of the page. The advertiser enters his/her payment information and clicks 'Continue'. Then the advertiser clicks 'Change' in the Payment Method section and selects his/her card. Before finishing the payment, the advertiser reviews his/her payment and clicks 'Send Money'. After confirming the payment, the advertiser is redirected back to the Single Market website.
All terms and conditions of the Pay Pal payment (how to create a Pay Pal account, where to find the PayPal code, how to successfully complete the process of payment etc.) are described on the Pay Pal web page (www.paypal.com). The provider is not liable for the functioning and performance of the Pay Pal payment.
Payment with bank transfer payment
Payments can be also made with bank transfer payment, based on a pro forma invoice. In this case the deadline for payment is 8 days.
VIII. Purchase safety
The sending of data in the purchase procedure is done via a secured connection (https) and is encrypted with SSL protocol, which prevents breeches and spying.
IX. Withdrawal from the contract
In this Section ("Withdrawal from the Contract") the provider describes the advertiser's rights and obligations related to withdrawal from the contract (of payable ads), in case the advertiser is also a consumer. A consumer is a natural person who acquires or uses goods or services for purposes which are outside his/her professional of profit activities.
The advertiser shall bear the right to withdraw from the contract within 14 days from the conclusion of the contract, without having to state the reason for such a decision. The notification on withdrawal should be in writing and sent either via traditional mail to the address: Single Market Limited, 3rd Floor, 14 Hanover Square, London W1S 1YH, England, United Kingdom; or by email to: email@example.com.
In case of payable ads, the provider shall be bound to reimburse the advertiser, who withdrew from the contract, the purchase price in the shortest amount of time possible and at the latest, within 30 days of receiving notification of withdrawal from the contract.
The advertiser does not have the right to withdraw from the contract in case of:
contracts of items (advertising package, tokes): 1. which have been prepared under detailed instructions of the advertiser, 2. which have been adapted to advertiser's personal needs, or 3. of which the period of validity has passed;
contract of items, which the advertiser already started to benefit or had been fully completed, before the advertiser exercised his/her right of withdrawal,
contract of items, which the advertiser has received and he/she was able to inspect, test and reject the item(s) at the same time;
in other cases when withdrawal would not be appropriate.
X. Exclusion of liability
The website's function of purchasing and publishing ads operates 24 hours a day, 365 days a year. The provider reserves the right to disable the website due to technical or other difficulties, which also means disablement or hindrance to the use of the website's function of purchasing and publishing ads. The provider shall not be liable to refund any potential damage incurred by the advertiser due to malfunction or hindered operation of the website's function of purchasing and publishing ads.
XI. Final provisions
The invalidity of any of the provisions of these Special Terms, regardless of the reason for invalidity, does not result in the invalidity of these Special Terms as a whole. In such a case, the invalid provision shall be considered unwritten, while these Special Terms shall further remain valid without the provision in question.
Legal relations between advertisers and the provider shall be governed by the laws of England and Wales and of the European Communities. Any dispute arising from these Special Terms shall be subject to the exclusive jurisdiction of the English courts.
These Special Terms may change at any time without any prior warning or notification.
These Special Terms enter into force on 01/07/2013.