Store Agreement
AGREEMENT FOR MEDIATION IN THE SALE OF GOODS AND SERVICES
AND FOR ANCILLARY SERVICES
This Agreement was concluded in Skopje, on _________, between:
1. 1. Mediation and online sales company
STAR SHOP DOO Skopje,St. Slavej Planina No. 1/Pr-1 Centar Skopje with USIN
7669380 and UTN 4080023613970, represented by Manager Mustafa Ozkan Kapudzuoglu
with Passport number U 24915212 with residential address of st. Donanma Mach.
Ataturk Blvd. Gazi Apt. No. 20/10 Goldzuk Kodjaeli (Starshop.mk) and
2. ....................................................................................................................................................................................................................................................
Together referred to as Contracting Parties, and individually as
Contracting Party.
Article 1
Subject of the contract
The subject of this agreement
is mediation in the sale of goods and services through the Electronic Platform
Starshop-Starshop.mk (hereinafter: Platform), as well as the provision of other
services to support the Merchant by Starshop, which include the organization of
the delivery of goods to buyers, advertising and other services.
An integral part of this
agreement are the General terms of operation of Starshop, which are available
on the Platform, at the following link: General terms of operation of Starshop.mk
for merchants and attached to this Agreement, and by signing this Agreement,
the Merchant confirms that he has read them, has fully understood the General
Terms and Conditions and fully agrees with their application.
Article 2
Commercial conditions for mediation and related services
Mediation services
The Merchant undertakes to pay Starshop a certain fee for the
mediation service performed on the Platform (hereinafter: Intermediary fee)
which is calculated and charged by the Merchant according to the value of the
goods/services sold through the Platform and is expressed in the
following amounts:
Amount in % | |
Whole
assortment | 10 |
Starshop acquires the right to Intermediary compensation at the
moment of the sale of the goods to the buyer, that is, with the realization of
the sales contract for which he mediated.
The Intermediary has the right to change the promotional
intermediary fee at any time and should notify the Merchant within 30 days from
the day of changing the Terms and the intermediary fee.
Calculation and invoicing of
the Intermediary fee
At the end of each calendar month, Starshop.mk calculates and
invoices the Intermediary Fee for all goods/services sold or provided to buyers
in that calendar month, within 5 days from the end of the month, with an
invoice due date of 15 days . The invoice is delivered monthly, by e-mail to
the e-mail address specified in Article 6 of this Agreement or by placing it on
the Platform in a suitable place that is available for inspection by the
Merchant.
The calculation and collection of the brokerage fee in cases where
the goods are returned to the Merchant or to Starshop.mk due to unsuccessful
delivery, cancellation of the purchase by the consumer, lost and damaged
shipments and complaints are defined in more detail in the General Terms and
Conditions.
Delivery of goods to buyers
Starshop.mk
for all goods sold through the Platform organizes and carries out collection,
transport and delivery/return of goods to/from buyers. Delivery costs are paid
by the buyer, and delivery conditions are defined in more detail in the
document General conditions of purchase and pre-contractual information for
consumers.
The merchant is
obliged to make the type and quantity of the ordered goods with all the
necessary accompanying documentation available to a courier service selected by
Starshop.mk at the following address(es) of the merchant's business premises:
on
................................................ .................(address data
for Merchant)
Other ancillary services
Starshop.mk provides services
in the field of electronic commerce and consumer protection, services for
reproduction and printing of documentation in accordance with positive
regulations in the field of electronic commerce, consumer protection and
organization of payments, etc., which are performed using software tools and
operational solutions of the Platform. The fee for these services is calculated
in the brokerage fee.
The advertising service on
the Platform is provided at the Merchant's request and upon approval of that
request by Starshop.mk. The advertising service is subject to a separate
agreement between Starshop.mk and the Merchant.
Article 3
Issuance of the required documentation in accordance with
the positive regulations in the area of cash payments
For the goods and services
sold through the Platform, the Merchant is obliged to issue the necessary
documentation to the buyer in accordance with the positive regulations in the
area of cash payments and in connection with the turnover of goods and services
using its own funds and devices.
In accordance with the agreement from paragraph 1 of this article,
the relevant provisions of the General Terms and Conditions, which refer to the
Merchant's obligations, will be applied.
Article 4
Responsibilities and Indemnities
By
concluding this Agreement, the Contracting Parties undertake to respect their
obligations provided for in this Agreement, the General Terms and Conditions,
as well as the valid regulations of the Republic of North Macedonia and that in
case of violation of any of these obligations and the statements and guarantees
given in this Agreement, they will fully indemnify the other Contracting Party,
i.e. in such cases, it will compensate the other Contracting Party for all
damages, as well as for all incurred costs, compensations, fines and other
costs that the other Contracting Party had/suffered in that occasion.
The
merchant bears full and exclusive responsibility in relation to the
goods/services, their properties and shortcomings, for respecting their
obligations based on the concluded Agreement with STAR SHOP DOO Skopje and
these General Terms and Conditions, as well as the valid regulations of the
Republic of North Macedonia, and in case of any omission, violation or failure
to comply with those obligations is obliged to compensate STAR SHOP DOO Skopje
for all incurred damage and costs.
The
merchant expressly declares that in the event of an objection from consumers,
that is, in the event of a court dispute in connection with the product sold or
the service provided from the merchant's assortment, and STAR SHOP DOO Skopje
will be the defendant, then he expressly declares that he will appears as a
party/intervenor in the court dispute and will assume all obligations that
would arise if the fault of the first contractual party is proven, that is, the
fault of the Merchant.
Article 5
Duration and Termination of the Agreement
This agreement is concluded
for a certain period of 1 (one) year from the date of conclusion.
If one of the Contracting
Parties does not notify the other Contracting Party no later than 30 (thirty)
days before the expiration that it does not want to extend the duration of the
Agreement, it will be considered that this Agreement is automatically extended
for a further period of 1 (one) year.
The contract can be
terminated in the following cases:
1. By agreement in written
form,
2. Unilaterally at any time
and without specifying the reason for termination or cancellation, by
delivering to the other Contracting Party a notice of the termination of the
contract, respecting the notice period of at least 15 (fifteen) days.
Regardless
of the method of termination of this Agreement, the Merchant is obliged to
fulfill all orders for goods/services that have been made until the expiration
of the term of validity of the agreement, unless Starshop notifies him
otherwise in writing.
Article 6
Communication
The
contracting parties agree that communication based on and in connection with
this Agreement is carried out by submitting data and documents to the following
addresses:
Contact
person: Funda Kuchevikj
e- mail address: funda.kucevit@starshop.mk
Telephone Number 070415273
ElmedinaJaja
e- mail address:elmedina.jaja@starshop.mk
Telephone Number 070415272
info@starhop.mk
About
the merchant: address: …………………………………………………….
Contact
person: ...............................................
The publication of data and documents
on the Platform by Starshop.mk by notifying the Merchant of the publication has
the same legal force as the submission from the previous paragraph.
Article 7
Final Provisions
Starshop reserves the right
at any time to amend and/or supplement the General Terms of Use at any time and
publish the new General Terms of Use on the Platform, whereby the new General
Terms of Use will replace the previously valid General Terms of Use.
The new General Terms of Use
will enter into force and apply after the fifteenth day from the day of
publication on the Platform and on that day they will become valid, applicable
and binding for the business relationship between Starshop and the Merchant
without the need for them to be separately approved by the Merchant.
In the event of a change to
the General Terms of Use, the Merchant has the right within the term specified
in Article 5 paragraph 2 point 2 of this Agreement to unilaterally terminate
this Agreement by providing Starshop with a written notice, without the right
to demand from Starshop any compensation.
The
contracting parties will attempt to peacefully resolve all possible disputes
that may arise in connection with this Agreement, otherwise the Basic Civil
Court in Skopje shall agree to resolve them.
This
Agreement is made in 2 (two) identical copies, 1 (one) for each Contracting
Party.
About
Starshop About the Merchant