Terms of Use

General Contractual Conditions and Terms of Nulisec s.r.o.

1. Definition of Terms

  • Nulisec – Nulisec s.r.o., a corporation with the registered office at Inovační 122, Hodkovice, 252 41 Zlatníky-Hodkovice, ID 063 59 621, incorporated in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 280896.

  • E-Marketplace – internet electronic marketplace operated by Nulisec on websites https://nulisec.com, https://nulisec.cz, https://nulisec.eu, https://buonban.cz a https://buonban.eu.

  • Goods – consumer goods presented on the E-Marketplace for sale.

  • Account – user account with completed data as set by Nulisec created on the E-Marketplace for buying or selling Goods.

  • Seller – legal person or natural person entrepreneur who has been assigned an identification number (ID) and has an Account and sells Goods.

  • Buyer – legal person or natural person entrepreneur who has been assigned an identification number (ID) and has an Account and buys Goods.

  • Order – order for Goods placed by the Buyer on the E-Marketplace with one or more Sellers.

  • Verify Order – verify whether the Seller has Goods, which have been ordered, in sufficient quantity, quality and make.

  • Confirm Order – informing the Buyer that the Seller has Goods, which have been ordered, in sufficient quantity, quality and make.

  • Refuse Order – informing the Buyer that the Seller does not have Goods, which have been ordered, in sufficient quantity, quality and make.

  • Complaint – exercise of rights from defective performance by the Buyer towards the Seller.

  • Business Conditions and Terms – business conditions and terms laid down by the Seller and published on its Account.

  • Complaint Procedure – conditions for exercising rights from defective performance with the Seller published on its Account

  • General Contractual Conditions and Terms – these contractual conditions and terms laid down by Nulisec.

2. Recitals

  1. The General Contractual Conditions and Terms regulate mutual rights and obligations of Nulisec, the Seller and the Buyer arising in connection with trading on the E-Marketplace, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code.

  2. Derogating provisions arranged in a contract between Nulisec and the Seller or in a contract between the Seller and the Buyer take priority over the provisions of the General Contractual Conditions and Terms.

  3. Nulisec may amend the General Contractual Conditions and Terms unilaterally and within a reasonable scope. Nulisec is obliged to inform the Seller and the Buyer of such amendment duly and in a timely manner, at least (7) days in advance, by email.

  4. The Seller and the Buyer may refuse amendments to the General Contractual Conditions and Terms under Section 2.3 of these General Contractual Conditions and Terms and as a result also terminate any arranged contract. The notice period is seven (7) days and commences on the day when a written notice of termination is delivered to Nulisec. The Seller and the Buyer are obliged to assert their right to refuse amendments and terminate a contract at the latest within seven (7) days following due delivery of notice of relevant amendments to the General Contractual Conditions and Terms.

3. Account

  1. The Seller and the Buyer are obliged to create and Account for buying or selling Goods. Only legal persons or natural persons entrepreneurs aged 18 or older with an ID may create an Account.

  2. The Seller and the Buyer are obliged to state true and complete data on the Account. The Seller and the Buyer are further obliged to update the data immediately so they always reflect the current situation. Nulisec is not liable for accuracy and currency of Seller´s and Buyer´s data.

  3. The Seller and the Buyer who are natural persons entrepreneurs are obliged to state in particular their name, last name, ID, address/place of business, contact telephone and email as their identification data.

  4. The Seller and the Buyer who are legal persons are obliged to state in particular their name, ID, registered office, contact telephone and email as their identification data. The Seller and the Buyer who are legal persons are also obliged to inform Nulisec about their contact person for communication with Nulisec.

  5. The Account becomes active after Nulisec has verified Seller´s and Buyer´s basic data, in particular the accuracy and existence of the stated ID. Nulisec will verify the data at the latest within one (1) week following registration. If the provided data are correct, Nulisec will send a confirmation email to the Seller or the Buyer together with a link for confirming the registration. The Account will not be activated if the Seller or the Buyer fail to confirm the registration.

  6. Nulisec may call upon the Seller or the Buyer to complete or correct stated data.

  7. The Seller is obliged to open a store on its Account to display and sell its Goods. The store must be marked by a name and ID and display Goods to be active. Each Seller may open multiple stores. Opening a store is free of charge.

  8. The Seller is obliged to provide Nulisec with a list of Goods and product photographs of Goods for due administration of the Account.

  9. Through the Account the Seller may manage data and place Goods in the maximum agreed quantity.

  10. The Seller is obliged to publish the Business Conditions and Terms and the Complaint Procedure on its Account, on the “Merchant Information” page. If this obligation is not met, Nulisec may temporarily close the Seller´s Account, until the obligation is fulfilled.

  11. The Buyer may manage the data and place Orders through the Account.

  12. Access to the Account is secured by a username and a password. The Seller and the Buyer are obliged to maintain the data used for accessing the Account in confidentiality.

  13. The Seller and the Buyer may not allow third persons to use the Account.

  14. The Seller and the Buyer may not state data on their Account which are untrue, false, offensive or damaging Nulisec, the Seller, the Buyer or other E-Marketplace visitors.

  15. Creating an Account is free of charge.

4. Nulisec

  1. Nulisec is the administrator of the E-Marketplace and the Account. Nulisec secures operation of the E-Marketplace including customer support.

  2. Nulisec may temporarily close or completely terminate the Seller´s or Buyer´s Account if the Seller or the Buyer violate their obligations stipulated in the General Contractual Conditions and Terms or in a contract.

  3. If Nulisec terminates the Seller´s or Buyer´s Account, the Seller or the Buyer will not be able to create a new Account, unless they agree with Nulisec.

  4. Nulisec may check and eventually modify or remove any data on an Account which violates the General Contractual Conditions and Terms or a contract, which is untrue, false, offensive or damaging Nulisec, the Seller, the Buyer or other E-Marketplace visitors. Nulisec is obliged to inform the Seller or the Buyer of this fact.

  5. Nulisec is authorized to keep statistical data on the Account about the Seller and the Buyer displaying rating of the Seller and the Buyer, the number of placed Orders, fulfilled Orders, unfulfilled Orders and other statistical data.

5. Trading

  1. Trading on the E-Marketplace and related activities are carried out through the Account.

  2. Orders are firm as soon as sent by the Buyer and may not be cancelled, unless expressly agreed otherwise between the Seller and the Buyer.

  3. The Seller is obliged to Verify an Order within 24 hours following delivery of a notice that an Order has been placed and subsequently either Confirm the Order or Refuse the Order. If a notice that an Order has been Placed is delivered outside of set Seller´s working hours, the Seller is obliged to Verify the Order and either Confirm the Order or Refuse the Order during working hours of the next business day.

  4. The period for delivery of Goods which are the subject of an Order is specified for each Order separately. The Seller may change the Delivery Period but the Buyer will always be informed.

  5. If an Order is Refused the Buyer is authorized to request Goods in the offered quantity, quality and make by placing a new Order with the Seller. In such a case the Seller will proceed reasonably under Section 5.3 et seq. of the General Contractual Conditions and Terms.

  6. Terms of payment for Goods are set by the Seller.

  7. The Buyer is obliged to comply with payment and shipping terms which are stated by the Seller. By finishing and placing an Order, the Buyer agrees to these terms.

  8. By Confirming an Order the Seller becomes obliged to deliver an Order to the Buyer.

6. Price and Taxes

  1. Price of the Goods on the E-Marketplace is stated including VAT at statutory rate, unless stipulated otherwise.

  2. The price of the Goods does not include shipping fees and other relevant costs paid by the Buyer.

7. Goods

  1. E-Marketplace serves solely for the sale of so-called fast-moving consumer goods such as food, beverages, drugstore products etc.

  2. The Seller may not offer other type of goods on its Account. E-Marketplace is not for sale of securities. Exceptions are possible solely after a prior approval from Nulisec.

  3. Nulisec may remove displayed Goods without a prior notice if such Goods cannot be considered so-called fast-moving consumer goods.

  4. The Seller is obliged to publish a photograph of displayed Goods. The photograph will not contain a link to a webpage.

  5. The Seller is obliged to provide the following data to Goods:

    1. Name

      1. Name will not contain a link to a webpage

    2. Stock quantity

    3. Bar code (EAN)

    4. Catalogue number (SKU)

    5. Considered price levels of Goods

    6. Specific price for each price level

    7. VAT rate

    8. Product description

    9. Minimum number of units of a given product which the Buyer may buy

    10. Product category if a given product has multiple categories

    11. Quantity for one product packaging

    12. Minimum expiration date

  6. If the Seller fails to state all mandatory data on the Goods, Nulisec will be authorized to temporarily remove the displayed Goods until the missing data are provided.

8. Renumeration

  1. The Seller commits to pay a renumeration to Nulisec for services related to operation, administration and maintenance of the E-Marketplace including the Account. Specific amount and the due date of the renumeration will be agreed between Nulisec and the Seller in a separate contract.

  2. The Seller is obliged to upload each issued invoice relating to an E-Marketplace Trade to its Account, without undue delay after issuing such an invoice. If an invoice is cancelled for any reason, the Seller is obliged to upload the corresponding invoice cancellation to its Account.

  3. The renumeration is to be paid in a single payment due in fifteen (15/ days since closing of a E-Marketplace service contract via bank transfer to bank account of Nulisec.

  4. Eventual technical malfunctions of E-Marketplace will not affect the right to a renumeration or the amount thereof belonging to Nulisec and will not grant to the Seller any rights to damage compensation including lost profit.

  5. No other special payments to Nulisec are connected with trading on the E-Marketplace.

9. Business Conditions and Terms and Complaints

  1. The Seller is obliged to place the Business Conditions and Terms and the Complaint Procedure on the “Information on Trading” webpage of the given Seller.

  2. By sending and Order the Buyer agrees to the Business Conditions and Terms and the Complaint Procedure.

  3. Complaints are handled directly between the Buyer and the Seller.

  4. The Seller may unilaterally amend the Business Conditions and Terms. The Seller is obliged to duly and timely (in advance) inform the Buyer of such amendment.

  5. The Business Conditions and Terms and the Complaint Procedure must be in accordance with legal regulations of the Czech Republic. If any situation not regulated by the Seller´s Business Conditions and Terms occurs, a relevant legal regulation will be applied.

10. Protection of Intellectual Property Rights

  1. E-Marketplace is a computer program and/or a database created by a computer program, and as such is a copyrighted work within the meaning of Act No. 121/2000 Coll., on copyright, on rights related to copyright and on amending certain acts (Copyright Act), as amended. Nulisec exercises all property rights to the E-Marketplace in accordance with the law and based on granted licenses.

  2. The Seller and the Buyer will not acquire any intellectual property rights resulting from trading on the E-Marketplace. The Seller and the Buyer are not authorized to allow third persons to use the E-Marketplace or the Account used on the E-Marketplace.

  3. Nulisec is in no way liable for protection of intellectual property rights of third persons which may be affected by Entrepreneur´s or Buyer´s activity on the E-Marketplace. The Seller and the Buyer bear all related liability.

11. Personal Data Protection

  1. The Seller and the Buyer acknowledge that their personal data may be processed in relation to the trades effected on the E-Marketplace.

  2. Personal data are processed solely in accordance with relevant legal regulations and more information is provided in the rules available at https://docs.nulisec.com/legal/privacy-policy

12. Miscellaneous

  1. The Seller is responsible for ensuring that

    1. Goods do not violate intellectual property rights of third persons;

    2. Goods comply with all requirements set by relevant legal regulations;

    3. the Seller complies with all requirements set by relevant legal regulations for entrepreneurs; and

    4. the Seller may transfer title to Goods.

  2. The Seller or the Buyer are obliged to compensate damage to Nulisec incurred by Nulisec as a result of violation of obligations set in a contract, the General Contractual Conditions and Terms or relevant legal regulations.

  3. Nulisec is not liable for violation of obligations set in a contract, the General Contractual Conditions and Terms or relevant legal regulations by the Seller or the Buyer.

  4. Nulisec is at no point the owner of Goods.

  5. The Seller is obliged to fulfill an Order within the meaning of Order Confirmation, Order Refusal or ensuring delivery of an Order under the provision of 5.5 of the General Contractual Conditions and Terms. If the Seller is not able to fulfill the aforementioned obligations or further obligations arising in connection with trading on the E-Marketplace, it is obliged to immediately inform the Buyer.

  6. The Buyer is obliged to pay the purchase price for an Order under I. 6 of the General Contractual Conditions and Terms and accept the Goods which are the subject of the Order. If the Buyer is not able to fulfill the mentioned obligations, or further obligations arising in connection with trading on the E-Marketplace, it is obliged to immediately inform the Seller.

  7. All communication between Nulisec, the Seller and the Buyer is carried out through the Account or email.

13. Final Provisions

  1. If any of the provisions of the General Contractual Conditions and Terms is invalid, null or ineffective, or becomes invalid, null or ineffective, such provision will be replaced by a new provision whose meaning will be the closest to the invalid, null or ineffective provision. Invalid, null or ineffective provision will not affect the validity and effect of the remaining provisions.

  2. The court of first instance – District Court for Prague 4, or the Municipal Court in Prague will have local jurisdiction over disputes between Nulisec, the Seller and the Buyer occurring in relation to trading on the E-Marketplace or the General Contractual Conditions and Terms, in accordance with Section 89a of Act No. 99/1963 Coll., the Civil Procedure Code. Laws of the Czech Republic are the governing law.

  3. The General Contractual Conditions and Terms become valid and effective on 1 December 2019.