Terms & Conditions
These Terms and Conditions (“Terms“) and the documents referred to in them, apply to your use of this website located at the address http://www.proamnews.com (known as the “Site“). If you do not agree to these terms you should not access or view the Site.
This Site is operated by VSI Eventa LT (company number 304499639) whose registered office is at Pylimo str. 21, Vilnius, Republic of Lithuania, (“we” “our” “ProAmNews“).
1. Other applicable terms
These Terms of use refer to and incorporate the following additional Terms, which also apply to your use of this Site.
- Our Privacy Policy which sets out the terms on which we process any personal data we collect about you or that you provide to us. By using this Site, you agree to such processing and you warrant that all data provided by you is accurate.
2. SERVICES
- We provide an online website through which individuals can buy, sell items, post event information in our calendar, rank and review events, write articles (the “Services”).
- You undertake to comply with all applicable laws and regulations in connection with your use of the Services.
3. OUR FUNCTION
- Our Site is an online website for individuals to buy and sell items to other individuals, create and post event information for users to see in our Event Calendar, write event reviews based on their opinion, write and publish articles in our blog. We are not a party to any transaction between a buyer and a seller or two individuals who agree to an exchange or a give-away, save for the Services we provide to facilitate transactions. We do not buy, sell or exchange or purport to buy, sell, exchange or give-away any of the items displayed on our Site. The Site hosts third-party content.
- We do not pre-vet any items listed on the Site or any parties who you may deal with on the Site. We shall not be obliged to engage in any dispute between buyers and sellers or parties to an exchange or give-away. You are responsible for vetting the parties that you deal with.
4. REQUIREMENTS TO USE THE SERVICES
- To use the Services, you must register with us by completing the registration form after clicking “Sign Up” or registering using an acceptable third party service (e.g. Facebook Connect). To be able to sell items in our online shop, you need to get in touch with us by email: info@proamnews.com . We will then send you a short contract with explanations on how to provide item details, photos etc. To add your event into our calendar, you need to press “Add your event” button and fill in the required fields. Your event will be processed and confirmed by our staff. If any premium packages for event promotion are selected, the features will be activated after the receipt of payment and the services will be active from that day forward until the end of selected time period selected.
- The Services are not intended for use by children under the age of 18 years old. If you are under 18, a parent or guardian (who is 18 or over) must register to use the Services on your behalf. Your parent or guardian shall be responsible for supervising your use of the Services at all times and ensuring that you comply with these Terms. ProAmNews shall be entitled to hold your parent or guardian fully responsible and liable for any breach of these Terms by you.
- You undertake to keep up to date all information about you or your event on the Site. If information needs to be updated, please email us at info@proamnews.com
- You warrant that any information you provide to us is true, accurate and complete.
5. YOUR ACCOUNT AND PASSWORD
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party and you must ensure that you log out from your account at the end of each session.
- You must immediately notify us by email (info@proamnews.com) if you know or suspect that anyone other than you knows your user identification code or password, or that there has been any unauthorized use of your password or account or any other security breach.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if we have reasons to suspect there has been a security breach or if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- ProAmNews does not allow multiple accounts on its Site. Should ProAmNews have a reasonably grounded suspicion that a user has created (is using) more than one account on the Site – it may block or delete any of the involved accounts. Multiple reviews (Same IP address or Provider) on Event pages are not allowed. If any such reviews are discovered, they will be deleted without any notice. Similarly, it is not permitted for event organizers and/or ProAm experts to review their own competitions.
- ProAmNews may request to make certain confirmations with respect to your account for security purposes. Such confirmations among other things may be linking your Facebook, Google or another third party account; confirming your phone number; providing for an ID and/or cardholder proof or any other confirmations that ProAmNews may introduce in its sole discretion. All data collected as a result of such confirmation will be processed following our Privacy Policy.
6. RULES FOR LISTING ITEM
In respect of all items you offer for sale through the Services:
- You must ensure that such items comply with our Rules listed in these Terms and Conditions:
- Item must be in respectable condition.
- If an Item is brand new, it must be listed as such and have all the prerequisites needed to prove that it is new (e.g. Has a Label attached).
- If an item is used, it must be listed under the used item category. Furthermore, if an item is used, before the sale it must be dry cleaned, fixed (if anything is not in perfect condition), and packed in a secure/clean package before shipping.
- If you are listing an item in our online shop, you must have the item with you, ready to ship. Once the sale is complete, and payment has been received from the buyer, you must be ready to ship the item to the buyer. Only after you confirm the shipping, we will be able to provide your payment.
- Items must have recent photos, showing how the item looks at the moment of the sale. Multiple photos can be submitted. If you have a video of the item, it must be uploaded to the Youtube channel and the link to the video sent to us by email.
- If you are selling an item in our online store, you must ensure that the item is available for purchase. If it is purchased and item is not available, no payment will be transferred to the seller. In such situations, buyer will be issued a full refund (minus any transactions fees deducted by our payment service provider).
- All items in our online store must be inclusive of shipping fees. While it may be difficult to determine the exact price of shipping after the sale, please make sure to include it in the final price. ProAmNews is not, and will not be responsible for any mistakes or item pricing. ProAmNews does not provide shipping services; it is a sole responsibility of the seller.
- You must be the legal and beneficial owner of such items and have the right to sell them;
- The sale, use or possession of such items must not infringe the rights of any third party (including but not limited to any IP rights held by any third parties); and must not breach any applicable local, national or international law or regulation;
- To list an item you must complete an item placement questionnaire and provide such other information as we may require for all items that you offer for sale. Questionnaire will be emailed to the seller together with the contract.
- By listing an item you represent and confirm that the item complies with all aspects of the item questionnaire that you submit, including the category in which you list such item and any photograph of the item, and that such item questionnaire is complete. The terms of the item questionnaire that you submit will form the terms on which you offer the item for sale;
- When you submit the item questionnaire the item shall be deemed to be a “Catalogue Item”;
- You may contact us to “delist” the item from the online shop. If the item is not sold, we will gladly assist.
7. BUYING AND SELLING
If you are buying or selling a Catalogue Item:
- You will use our partner payment services. Each transaction will have a transaction fee, which is taken as a commission by our Payment Gateway service providers. ProAmNews does not and will not interfere or be held responsible for any such fees added to the final total outstanding in the check out procedure.
- You agree that ProAmNews is not responsible for the item sold, item shipping, item delivery condition etc. It is solely a sellers and/or shipping company responsibility.
- You agree to provide correct delivery address information so that the seller may send it to the correct address. Any data we collect and use, is visible in our Privacy Policy
PAYMENT AND SHIPPING SERVICES
8. BUYING USING THE SITE
Where you use our payment services:
- When you click “Place Order” on the payment page, you acknowledge and agree that you enter into a contract with the seller to purchase that Catalogue Item from them.
- When you enter into a contract to purchase a Catalogue Item you warrant and undertake that you have the legal right to enter into such transaction.
- You may only terminate the contract with the seller where you are permitted by law.
- When you enter into a contract with a seller payment will be taken from your credit or debit card immediately. Please see the “Payment” section below for more information.
9. SELLING USING THE SITE
Where you use our payment services:
- A Catalogue Item that is for sale is an offer by the seller of such item, which may be accepted by a buyer. See the “Buying Using Our Site” section above for more information.
- Once a user clicks “Place Order” on the payment page you acknowledge and agree that you enter into a contract with the buyer to sell that Catalogue Item to them.
- You may only terminate the contract with the buyer to the extent permitted by law.
10. PAYMENT SERVICES
Where you use our payment services:
- Buyers must pay ProAmNews for Catalogue Items by credit or debit card using the payment services on the Site.
- Payments must be made in the currency specified on the Site and all prices are inclusive of VAT (where applicable) and other applicable taxes and Shipping Fees. Sellers are responsible for any shipping costs, including any insurance costs unless otherwise mutually agreed upon.
- Payment for Catalogue Items is in advance. The buyer’s credit or debit card will be charged when the buyer and seller enter into a contract for the purchase of an item under section 9. We will not credit the seller’s account until the buyer has accepted the item or is deemed to have accepted it. See the section entitled “Acceptance” below for more information.
- ProAmNews may at any point in time upon its sole discretion to suspend and/or cancel any transaction and or requested payment should it have grounds to believe that such transaction may be fraudulent or contrary to the applicable legal acts or harmful to ProAmNews and/or any user or third party.
- We use a third party service provider to process your payment and to store your credit or debit card or similar information. When using our payment services, you agree with our providers terms and conditions. We shall not be liable for the acts or omissions of such third party. You shall be solely responsible for the transmission of information connected to your credit or debit card, and we hereby exclude all liability to the extent permitted by law.
11. SHIPPING SERVICES
- Seller takes full responsibility for the shipping fee pre-calculation and/or inclusion in the item sale price and shipping procedures.
- Shipping fee is always added atop the price of Catalogue item as to be paid by a buyer. After you enter into a contract with a buyer for the purchase of one of your Catalogue Items we will send to you a confirmation of such purchase. You must ship the Catalogue Item that you have sold, and if requested by ProAmnews – send us the barcode of the parcel by email (Info@proamnews.com).
- If you fail to send the item to the buyer within 5 business days after receipt of a shipping label and/or details, and/or instructions we shall be entitled to refund the purchase price to the buyer’s account.
- We decline all responsibility for sent parcels, packages and items which become lost or destroyed, or damaged by a shipping service provider and/or after delivery to a post-box or alike
- When a seller chooses to ship items with Custom Shipping service, the seller takes full responsibility for this order in the case of loss, damage or non-receipt. It will be the seller’s responsibility to choose a postage method when this is covered in compensation from the chosen shipping provider
12. ESCROW PAYMENT TERMS
Where you use our payment services:
- Orders are automatically updated to delivered after certain period of time after being sent. Once the item is received by the Buyer, he/she has 2 days period in which it is the buyer’s responsibility to raise a dispute. After this period, compensation is no longer applicable and funds are released to the seller. All disputes must be raised via ProAmNews and not via external payment services.
- If a seller fails to send an item to a buyer within 5 business days after receipt of the shipping label and/or details, and/or instructions we shall be entitled to refund the purchase price to the buyer’s account. The refund can be also released earlier in case selling user is inactive and/or shipping label is not downloaded by a selling user for a certain period of time. The refund of the purchase price shall be the buyer’s only remedy in respect of its contract with the seller.
- If a buyer receives an item that is not materially as described on the Site, the buyer must notify us by email (info@proamnews.com) within 2 days after delivery on as shown in the system.
- If a buyer does not receive an item that they have purchased from a seller, the buyer must notify us by email (info@proamnews.com) with specific information about the item purchased, what are the issues etc.
- If a buyer does not contact us within 2 days after receipt of an item under sections 12.3 and 12.4 above, the buyer will be deemed to have accepted the item. On acceptance of an item, we will credit to the seller’s account the purchase price of that item less any commission due to us.
- Where the buyer contacts us under section 12.3 or 12.4 above, we will hold the purchase price minus any commission due to us until we have investigated the claim.
GENERAL
13. REMOVAL, WARNINGS, BLOCKING, SUSPENSION AND TERMINATION
We may at our option, issue warnings, suspend, block or terminate your access to this Site and/or the Services (or any part of them) or remove any content uploaded, including without limitation, any Catalogue Item if:
- you are in breach of these Terms;
- you act in any manner which we consider may damage our reputation; or
- you use the Site or Services in a manner which we consider to be fraudulent or contrary to law.
14. ACCESS TO THIS SITE AND ITS SERVICES AND CONTENT
- We do not guarantee that this Site, or any Services or content on it, will always be available or be uninterrupted.
- We reserve the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this Site, or any Services or content on it, and to restrict or prohibit access to it.
15. VIRUSES
- We do not guarantee that this Site will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programs and platform in order to access this Site. You should use your own virus protection software.
- You must not misuse this Site by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful.
- You must not attempt to gain unauthorized access to this Site, the server on which this Site is stored or any server, computer or database connected to this Site.
- You must not attack this Site via a denial-of-service attack or a distributed denial-of service attack.
- By breaching this section, you would commit a criminal offence under the Computer Misuse Act 1990.
- We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Site will cease immediately.
16. LIABILITY
- Nothing in these Terms limits or excludes our liability to you for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other type of liability which cannot by law be excluded or limited.
- We make no warranties or representations, whether express or implied that this Site, any content and the Services on it:
- are accurate, complete, up-to-date or suitable for any purpose; or
- are free of error or omission.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to this Site, any content or the Services on it.
- We provide an online web service to showcase and sell/promote item sale/events provided by other individuals/companies. Event and/or item details are responsibility of the seller/organizer (including photo images, descriptions, etc.) All sellers of items in our online shop require to have a signed contract with us for sale of items.
- We are not responsible for any action or inaction of users of the Site or Services, or content provided by users of the Site including, without limitation:
- the descriptions or photos of items, including their accuracy and completeness;
- the quality, legality or safety of the items;
- the seller’s, exchanger’s or giver’s title to the items; or
- any seller’s or buyer’s right to enter into a sale or the rights of the parties to an exchange or give-away to enter into such transaction.
- You agree to indemnify us for any loss, liability, cost or expense for any third party claim arising from or connected to your misuse of the Site or Services or any use which is in breach of these Terms.
- In respect of any dispute you may have with another user of the Site, you agree to:
- waive any claim you may have against us in connection with such dispute; and
- indemnify us for any loss or liability we incur as a result of any claim made against us by such user or any other third party as a result of such dispute.
- Subject to section 15.1, we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or Services, or to your downloading of any content on it, or on any website linked to it.
- We are not responsible for any third party service providers that you integrate into your account. We will not be liable for any loss or damage that may arise from your use of them.
- Subject to section 16.1, ProAmNews, its subsidiaries and affiliated companies accept no liability to you, whether in contract, tort (including negligence) or otherwise, for: (a) any loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; loss of business opportunity, goodwill or reputation; or (d) any direct, special, indirect or consequential damages, (e) or any other damages of whatsoever kind resulting from whatever cause through your use of the Services and our Site.
- Subject to section 16.1, we limit our liability under this Agreement, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, to a maximum of:
- the purchase price paid or payable for the relevant item in respect of any claim arising in relation to a transaction on this Site; and
- €100 in respect of any other claim.
17. THIRD PARTY LINKS AND RESOURCES IN THIS SITE
- Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
- We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
18. PROMOTIONS
- From time to time we may post promotions, competitions, games or prize draws on the Site and special terms and conditions related to the same.
- If there is any conflict between such special terms and conditions and these Terms, the special terms and conditions shall prevail.
19. EVENTS BEYOND OUR CONTROL
- We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any obligations under these Terms agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations.
20. SEVERANCE
- If any or any part of the terms contained in these terms shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
21. ENTIRE AGREEMENT
- These Terms and all documents referred to in these Terms constitute the entire agreement between us and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter.
- We and you agree that in entering into these Terms have relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them. Neither you nor us shall have any claim for innocent or negligent misrepresentation based on any statement in these terms or any document referred to in them.
22. APPLICABLE LAW
- Please note that these Terms, their subject matter and formation, are governed by Lithuanian and European Union law.
- You and we both agree to that the courts of Lithuania will have non-exclusive jurisdiction.
23. AMENDMENTS TO THESE TERMS
- We may change these Terms from time to time by posting an amended version on this page in the following circumstances:
- to reflect changes or expected changes in relevant laws and regulatory requirements;
- to reflect any ruling by a court, regulator or any other similar body having authority;
- to make these terms clearer or fairer;
- to reflect changes and developments in how we operate our business;
- to rectify any error which we may discover at a later date; or
- to reflect changes in market conditions or standard industry practice.
- We recommend that you check this page from time to time, as your continued use of this Site after these Terms are amended shall mean that you agree to be bound by such changes.
24. CONTACT
For all enquiries, you can contact the team by email: info@proamnews.com