Terms of Service
Effective Date: 14-04-2025 Last Updated: 14-04-2025
These Terms and Conditions apply to the use of the online marketplace ("the Platform") operated by KM Medias, hereinafter referred to as "the Platform Operator".
These terms are binding for all users of the Platform, including but not limited to individuals and legal entities who offer or purchase products via the Platform. By creating an account and/or placing an order or listing, the User expressly agrees to be bound by these Terms.
Article 1 – Definitions
For the purpose of these Terms and Conditions, the following terms shall be defined as follows unless otherwise apparent from the context:
1.1 Platform: The online infrastructure, including website, app, and supporting systems, made available by the Platform Operator to facilitate transactions between Suppliers and Customers.
1.2 Platform Operator: The legal entity that owns and manages the Platform, responsible for its technical operation, compliance, and ongoing maintenance.
1.3 Supplier: Any natural or legal person who registers on the Platform with the intent to offer and sell goods to third parties, thereby acting as the seller in a sales contract.
1.4 Customer: Any natural or legal person who purchases goods via the Platform, thereby acting as the buyer in a sales contract with a Supplier.
1.5 User: A collective term referring to both Suppliers and Customers, as well as any individual or entity making use of the Platform.
1.6 Product: Any tangible good listed for sale via the Platform, regardless of its characteristics or purpose.
1.7 Service Fee: Any fee charged by the Platform Operator to the Supplier for the provision of Platform services, including but not limited to commissions and administrative charges.
1.8 Force Majeure: Any circumstance beyond the reasonable control of a party that prevents the performance of contractual obligations, including but not limited to natural disasters, war, government restrictions, cyberattacks, and pandemics.
Article 2 – Applicability
2.1 These Terms and Conditions apply to every use of the Platform and to all agreements concluded between Suppliers and Customers through the Platform.
2.2 Any deviation from or supplement to these Terms shall only be binding if expressly agreed upon in writing by the Platform Operator.
2.3 If any provision of these Terms is found to be null or void, such nullity shall not affect the validity of the remaining provisions. The parties shall replace the invalid provision with one that approximates its intent and scope as closely as possible.
2.4 The Platform Operator reserves the right to modify or amend these Terms at any time. Changes shall take effect upon publication on the Platform, unless stated otherwise. Continued use of the Platform following such changes constitutes acceptance of the updated Terms.
Article 3 – Registration and Use
3.1 In order to access the full functionality of the Platform, Users must register an account. Upon registration, Users are required to provide complete, accurate, and up-to-date information. The Platform Operator reserves the right to request additional documentation for verification purposes.
3.2 Users are solely responsible for securing their account credentials. Any suspected unauthorized use must be reported immediately to the Platform Operator.
3.3 It is prohibited to register multiple accounts without prior written permission from the Platform Operator. Users may not transfer their accounts to third parties without express authorization.
3.4 The Platform Operator reserves the right to suspend or permanently block accounts in case of misuse, non-compliance, or suspected fraudulent activity.
Article 4 – Listings and Product Information
4.1 Suppliers must provide full, accurate, and honest descriptions of the products they list. Product information must be sufficiently detailed to allow Customers to make an informed purchasing decision. Use of misleading images, incomplete specifications, or false claims is strictly prohibited.
4.2 Products that are illegal, counterfeit, hazardous, infringe on third-party rights, or are otherwise deemed unsuitable for sale may not be listed. The Platform Operator reserves the right to remove such listings and suspend the associated account.
4.3 Suppliers are responsible for ensuring compliance with all applicable laws and regulations, including product safety, labeling, and consumer protection laws.
4.4 Suppliers retain pricing autonomy. The Platform Operator may suggest price adjustments or offer promotional campaigns, but will not enforce pricing changes unless contractually agreed upon.
4.5 Suppliers must clearly disclose the total price, including all applicable taxes and shipping fees, on the product page. Misleading pricing practices such as hidden charges are strictly prohibited.
4.6 Each product listing must clearly indicate the applicable return policy, estimated delivery time, and a way for the Customer to contact the Supplier or Platform Operator.
Article 5 – Orders and Fulfillment
5.1 An order placed by a Customer constitutes a legally binding offer to enter into a purchase agreement with the Supplier. The agreement becomes effective upon the Supplier’s confirmation of the order.
5.2 Suppliers are obligated to fulfill confirmed orders within the stated timeframe and to provide accurate tracking information. Third-party logistics partners may be used, but the Supplier remains ultimately responsible.
5.3 In the event of an anticipated delay or inability to deliver, the Supplier must notify both the Customer and the Platform Operator immediately. The Customer may cancel the order without cost if delivery is unreasonably delayed.
5.4 The risk of loss or damage to the goods transfers to the Customer upon confirmed delivery unless otherwise agreed in writing.
Article 6 – Right of Withdrawal and Returns
6.1 The Customer has the right to withdraw from the purchase agreement within thirty (30) calendar days of receiving the Product, without providing any reason. During this period, the Customer must handle the Product and its packaging with care.
6.2 If the right of withdrawal is exercised, the Customer must return the Product to the Supplier without undue delay and no later than thirty (30) days from the date of the withdrawal notice. Return shipping costs are borne by the Customer unless agreed otherwise.
6.3 Exceptions to the right of withdrawal apply to certain categories of Products, such as personalized goods, perishable items, sealed hygiene products, and items that by nature cannot be returned. These exceptions must be clearly disclosed in the product listing.
Article 7 – Payments, Fees, and Tax Responsibilities
7.1 All payments made via the Platform are processed through an independent third-party payment provider. The Platform Operator acts solely as an intermediary and is not a party to the purchase agreement.
7.2 A fixed and/or variable Service Fee is charged per transaction to Suppliers and is automatically deducted from the payout unless otherwise agreed. The Platform Operator will provide transparent fee structures.
7.3 Suppliers are solely responsible for the accurate collection, reporting, and remittance of applicable taxes, including but not limited to VAT, import duties, and other statutory levies. The Platform Operator accepts no liability for Supplier tax compliance.
7.4 In case of chargebacks, disputes, or fraudulent transactions, the Supplier is liable for the full disputed amount and any additional costs. The Platform Operator reserves the right to deduct such amounts from future disbursements.
7.5 Customers will be informed about the accepted payment methods (such as Visa, Mastercard, etc.) before finalizing the checkout process.
Article 8 – Liability and Indemnity
8.1 The Supplier acknowledges full responsibility for the compliance, quality, safety, and legality of the Products offered. The Platform Operator accepts no liability for any issues arising from Products sold via the Platform.
8.2 The Customer acknowledges that the Platform Operator merely facilitates transactions and is not a contractual party to any sales agreement. Any complaints or legal claims relating to purchased goods must be directed to the Supplier.
8.3 Users agree to indemnify and hold the Platform Operator harmless from any third-party claims, damages, or liabilities arising out of their use of the Platform or their failure to comply with these Terms.
8.4 Except in cases of willful misconduct or gross negligence, the Platform Operator’s liability shall in all cases be limited to the amount paid out under its liability insurance policy, if applicable.
Article 9 – Intellectual Property
9.1 All intellectual property rights related to the Platform’s software, layout, texts, images, and other content remain the exclusive property of the Platform Operator or its licensors. Users may not reproduce or use such content outside normal Platform usage without prior consent.
9.2 The Supplier grants the Platform Operator a non-exclusive, worldwide, royalty-free, and revocable license to use any submitted content, including product images and brand materials, for promotional and operational purposes.
9.3 Upon discovery of actual or suspected intellectual property infringement by a Supplier, the Platform Operator may immediately remove the offending content and take appropriate legal or administrative action.
Article 10 – Data Protection and Privacy
10.1 The Platform Operator processes personal data in accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR). Technical and organizational safeguards are in place to ensure secure processing.
10.2 User data is collected and processed solely for the purposes of order management, account administration, and service improvement. Unnecessary or excessive data will not be collected.
10.3 Personal data will not be shared with third parties unless necessary for service delivery, legally required, or explicitly authorized by the User.
Article 11 – Prohibited Conduct
11.1 Users may not use the Platform for unlawful or harmful purposes. Prohibited actions include, but are not limited to: providing false information, manipulating reviews, circumventing transaction fees, spreading malware, or infringing intellectual property rights.
11.2 In the event of a violation, the Platform Operator reserves the right to immediately suspend or terminate the offending User’s access and, if applicable, report the conduct to relevant authorities.
11.3 The offending User shall be held liable for all resulting damages and legal consequences, including costs incurred by the Platform Operator or affected third parties.
Article 12 – Force Majeure
12.1 Neither party shall be liable for any failure or delay in performance due to Force Majeure, as defined in Article 1.8.
12.2 If the Force Majeure situation persists for more than thirty (30) consecutive days, either party may terminate the agreement in whole or in part without incurring liability.
12.3 The affected party must notify the other party of the Force Majeure event as soon as reasonably possible, including its expected duration and impact.
Article 13 – Termination and Suspension
13.1 Users may terminate their account at any time using the relevant account settings, provided that all outstanding obligations have been fulfilled.
13.2 The Platform Operator may suspend or terminate a User account without prior notice in the event of a breach of these Terms, fraudulent behavior, or actions that jeopardize the integrity of the Platform.
13.3 Termination does not release the User from any existing contractual or financial obligations at the time of termination.
Article 14 – Governing Law and Dispute Resolution
14.1 All legal relationships involving the Platform Operator shall be governed exclusively by the laws of UK, to the exclusion of the CISG (UN Convention on Contracts for the International Sale of Goods).
14.2 In the event of a dispute that cannot be resolved amicably, the matter shall be submitted to the competent court in the district where the Platform Operator is headquartered, unless mandatory law dictates otherwise.
14.3 The parties may alternatively agree in writing to resolve disputes through arbitration or other forms of Alternative Dispute Resolution (ADR).
Address: Weena 690, 3012CN, Rotterdam, The Netherlands
Email: support@bycastello.com
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Company number: 76900393
Customer service: Monday to Friday between 9.00 and 17.00
Company name: KM Medias
Phone Number: +310616030948