These general conditions regulate the access and use of the online store that integrates with the Website qstoms.com (hereinafter, the "Store" or "Virtual Store" or "Qstoms") and all Content displayed or made available to users (hereinafter, "USER / S"). Access and / or use of the Virtual Store constitutes acceptance of the User of all the general conditions that QSTOMS has published at the time of such access or use.
The Online Store is operated by QSTOMS Technologies, SL (Hereinafter, "QSTOMS"), a corporation whose head office is located at C/ Silvano, 5, 28043 Madrid, whose contact e-mail address is qstoms.com. QSTOMS, with CIF number B86617263 is registered in the Madrid Mercantile Register, QSTOMS functions as the intermediary between the SELLER and the user, but in no case is it QSTOMS who sells products to users or who negotiates with them.
These conditions or terms of use apply to the Virtual Store. Notwithstanding the above, these conditions do not prevent the fixing by the SELLER, any other provider and / or any other third party responsible for the website which is hosted in the Virtual Store of other conditions for the recruitment or use of certain services or products that are offered to USER s on the Website that allows access to the Virtual Store.
The SELLER may terminate the delivery of its services at any time, change the service, due to accidental or substantial issues. The termination or modification will be effective after at least three (3) days from the first time it is made public through the Online Store.
The SELLER may terminate this agreement, with regard his registration as a user at any time, by closing his SELLER account, unless it was to put an end due to breaching of the contract. QSTOMS may cancel or suspend the account or access to the web if it is felt the SELLER is breaching these Terms of Use and / or current legislation.
These terms are offered in english and spanish.
QSTOMS will pay the SELLER the relevant profit margin that has been selected for the sale of products, including VAT, over a period of between 48 and 72 hours of receiving the bill from QSTOMS.
Registration as a SELLER in the On Line Store is optional and free.
The SELLER may register in the system and sell the designs he wants to include in the products that are offered on the Web. QSTOMS will handle billing on behalf of SELLER by sending invoices for purchases of products to end users.
To register, the SELLER must complete the form that appears on the Website, including full name, Passport number, address, e-mail and Paypal account where he wants to receive payment for the products sold.
In addition, the SELLER must (i) upload his designs to the website, following all the steps indicated, (ii) choose the products and colors onto which he desires his designs to be applied (iii) select the profit margin he wants to gain from the sale of such products (the "Net profit"). To decide the profit margin, the Seller may check the Website for base prices at which QSTOMS sells the product, with 21% VAT included. The SELLER shall bear in mind that the profit margin he selects, with a 21% VAT included, is added to the price listed as an initial price of the product ("Product Price") and the total sum of these two will be the "Retail Price".
For example, if the SELLER selects a product from the catalogue on which to insert his designs, with an initial price of 10 Euros, the SELLER must take into account that:
That initial price includes 21% VAT: 10.00 €
On the initial price with VAT, the SELLER selects a profit margin with 21% VAT included: for example 5.00€
Therefore, the Retail Price is: 10.00 € + 5.00 € = 15.00 €
Once all these fields are included on the Website by the SELLER, in the event that he wants to modify them, he may do so at any time by clicking on the "Edit Billing" which appears on the screen of your computer.
Finally, if the seller wants to sell his products through Facebook, he can add the Virtual Store on his FACEBOOK profile. From now USERS can access these products and make purchases. When USERS buy products made available on the technological platform, QSTOMS or a third party subcontracted by QSTOMS, will manufacture the product and send it to the buyer.
When users buy products made available on the technological platform, QSTOMS or a third party subcontracted by QSTOMS, will manufacture the product and send it to the buyer..
Also, QSTOMS will be the one to manage user charges for the sale of products. Consequently, QSTOMS will pay the Supplier the profit margin of his choice with the corresponding VAT by transfer to the SELLER’s Paypal account.
QSTOMS will pay the SELLER the relevant profit margin that has been selected for the sale of products, including VAT, over a period of 7-15 working days of receiving the bill from QSTOMS.
THE SELLER DOES NOT HAVE TO MAKE ANY PAYMENT OR SUPPORT ANY TYPE OF EXPENDITURE.
THE SELLER IS RESPONSIBLE FOR ENTERING THE CORRESPONDING VAT TO THE END USER AND THAT HAS BEEN SENT TO THE USER BY QSTOMS ON BEHALF OF THE SELLER.
You can store and reproduce these general terms and conditions by clicking on the relevant icons in the toolbar both when you receive the email confirmation, or by visiting the Online Store.
Meanwhile, QSTOMS will store the SELLER’S registration on the Website, which remains accessible by e-mail communication to the provisions of clause 11.
The SELLER declares exclusivity - and will maintain it while using this service, of the rights of the designs uploaded onto the website operated by QSTOMS, and ensures that they do not infringe rights of third parties, that they are free of any liens or encumbrances and are freely available.
Qstoms accepts no responsibility for copyright infringement. Qstoms reserves the right not to publish offensive content.
By accepting these terms of use, the SELLER grants QSTOMS, free of charge, a non-exclusive license to use, effective in the territory around the world, of the SELLER’s designs on the service, during the time period he uses the service operated by QSTOMS. All with the unique scope and purpose that the work can be hosted and distributed on this service.
This license does not in any way affect the rights held by the SELLER with respect to the designs that are available to users.
The assignment of rights to QSTOMS of the content uploaded onto the website will last as long as the SELLER has it posted on the website operated by QSTOMS, until it is removed from the website. After removal of the content or the deactivation of the SELLER’s account, the content ceases to be publicly available, although QSTOMS may have backups of the content that could have been made when the content was published.
The SELLER can upload pictures that represent his store, thus handing QSTOMS the rights to these images and intellectual property, for free, non-exclusively, and with effect in the territory around the world.
The granting of these rights shall persist for as long as the user has the photograph published in his account on the website operated by QSTOMS and can be shown to other users of the service, but QSTOMS cannot perform another activity other than display the photos as chosen by the SELLER.
The USER acknowledges that neither the SELLER nor QSTOMS are responsible for the possible illegality or infraction of rights of the activities conducted by USERS of the service.
The USER agrees to use the service offered by Qstoms in accordance with the law in this case, shall refrain from:
1.- Posting offensive, libelous, defamatory, racist, discriminatory or that may in any way infringe the rights of third parties.
2.- Post data, images, personal or private information of third parties.
3.- Create user accounts with fake profiles impersonating third parties.
4.- Use the service for unauthorized commercial communications or collect data from other USERS.
5.- Upload works of others without their authorization.
6.- Publish content that could violate the right to honor, privacy or image of others.
QSTOMS reserves the right to cancel the account or any products that are reasonably considered to infringe rights of third parties. QSTOMS may withdraw or cancel any Virtual Store products immediately when reasonably suspects that such products may infringe intellectual property rights, industrial and/or analogs of any third party and/or any other reason for legal and/or protection the consumer is advised for the withdrawal of such products.
To this end, when QSTOMS has reasonable grounds for believing that any design and/or photograph the SELLER has hosted on QSTOMS violates any right or third party, QSTOMS will send an e-mail a notification that will inform those suspicions of illegality of the data and proceed with removal.
Within three days of receipt of such notice, the SELLER must provide any documentation to QSTOMS that is sufficient and necessary for establishing, where appropriate, their ownership of such designs and / or photographs. Otherwise, the SELLER will be given three days to remove such designs and / or photographs and to demonstrate to QSTOMS that they effectively have withdrawn them from the website.
In no case will QSTOMS hold liability for the designs and / or photographs that the SELLER made available for sale through the QSTOMS website.
If the SELLER does not answer or remove the products whose design and / or photographs that QSTOMS has signaled as offensive, QSTOMS may withdraw such products.
The SELLER can upload pictures that represent his store, thus handing QSTOMS the rights to these images and intellectual property, for free, non-exclusively, and with effect in the territory around the world.
The granting of these rights shall persist for as long as the user has the photograph published in his account on the website operated by QSTOMS and can be shown to other users of the service, but QSTOMS cannot perform another activity other than display the photos as chosen by the SELLER.
ONLY TO THE EXTENT PERMITTED BY LAW, THE SITE AND ALL GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, INFORMATION, MATERIALS AND PRODUCTS PROVIDED THROUGH THE SHOP ARE PROVIDED WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. NEITHER SELLER NOR QSTOMS MAKE ANY GUARANTEE OR WARRANTY THAT THE ONLINE STORE (OR ANY PART THEREOF), APPLICATIONS OR THIRD PARTY CONTENT AND / OR PRODUCTS ARE NOW OR IN THE FUTURE, ACCURATE, COMPLETE OR ERROR-FREE OR THAT ANY PARTICULAR SOFTWARE OR HARDWARE IS COMPATIBLE WITH THE SHOP. THE USER EXCLUSIVE RESPONSIBILITY TO: (A) OBTAIN AND PAY THE SOFTWARE, HARDWARE OR SERVICES (INCLUDING INTERNET CONNECTIVITY) REQUIRED TO USE THE SHOP AND (B) THAT THE SOFTWARE, HARDWARE OR USE OF THE SERVICES WILL BE PERFORMED CORRECTLY ON THE SITE. THE USER AGREES THAT HE MUST EVALUATE AND CARRY ALL THE RISKS ASSOCIATED WITH THE USE OF THE STORE, EVEN WITH CONFIDENCE OF THE ACCURACY, COMPLETENESS OR USEFULNESS OF STATE THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH THE STORE.
ONLY TO THE EXTENT PERMITTED BY LAW, THE SELLER, QSTOMS, AFFILIATES AND OUR ARTISTS, REPRESENTATIVES AND RESPECTIVE SUPPLIERS ARE NOT RESPONSIBLE, FOR DAMAGE THAT MAY CAUSED BY THE USE OF THE STORE, PROFITS LOSS OR BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF SECURITY OF INFORMATION PROVIDED BY THE USER IN CONNECTION WITH THE USE OF THE STORE (OR UNAUTHORIZED INTERCEPTION OF ANY OF THIS INFORMATION BY THIRD PARTIES, SELLERS, QSTOMS, ARTISTS AND OUR AFFILIATES, AGENTS AND RESPECTIVE SUPPLIERS ARE NOT LIABLE FOR DAMAGE OF ANY KIND ARISING FROM USE OF THE SITE OR THE APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIAL ON THE STORE. THE SOLE AND EXCLUSIVE REMEDY IF THE USER IS DISSATISFIED WITH THE STORE IS TO STOP USING IT.
THE LAW MAY NOT ALLOW LIMITATIONS APPLIED IN CERTAIN IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF CERTAIN DAMAGE, ONLY TO THE EXTENT THAT THESE LAWS APPLY TO THE USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS ABOVE MAY NOT APPLY TO THE USER AND HE MAY HAVE ADDITIONAL RIGHTS.
While we try to maintain the security of the shop, we do not guarantee that the Online Store or any third-party applications are safe or that there will be no interruption in the use of the Shop or any third party application. Additionally, third parties may introduce unauthorized modifications to the shop or in any third party application. If you come to the attention of any unauthorized modification by third parties, please contact us at [email protected] describing the materials in question and the URL or location of such materials.
For any query, complaint or communication that you want to convey, please contact us by sending an e-mail to [email protected].
The user acknowledges and agrees that the SELLER and / or QSTOMS now or in future may include advertising of their own activities or of third parties in the shop.
QSTOMS may revise these terms of use.
In case of modification, the SELLER agrees that he will be sent an email informing him that within three days the terms will be amended. The unregistered USER should review these Terms often to identify possible changes made since the last time he accessed the Virtual Store.
Use of service after the modification of the terms of use implies knowledge and acceptance of the new modified version.
QSTOMS is a SELLER agent, that through its technological tools promotes and facilitates the sale of products that the SELLER makes, by providing the technological platform and the services it offers. Therefore, the Spanish Law of Agency Agreement in force at the present time will apply to these conditions.
Both parties agree to adhere to the Spanish law.
This is an online store (hereinafter, the "Store") owned by the company named QSTOMS Technologies, SL CIF nº B86617263 and registered address at C/ Silvano, 5, 28043 Madrid. (From now on the ‘SELLER’).
The shop is operated on technology, interface and operating model owned by QSTOMS Technologies, Ltd., the seller’s agent.
For any queries, complaints or communication, please contact us by sending an e-mail to [email protected].
The Seller, his Affiliates and Providers and their respective licensors are the owners of the information and materials and / or content made available through the Store. Such information, materials and contents are protected by copyright, trademarks, patents, other intellectual property rights and laws. Unless expressly authorized in advance, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, communicate to the public, or create derivative works based on all or part of the shop or any information or materials provided through the shop.
The Seller, his Affiliates and / or respective Sellers or Suppliers are the owners of trade names, trademarks and service marks in the shop, without this limiting the brand. All trademarks and service marks in the shop that are not owned by the Seller or its Affiliates, are the property of their respective owners. You may not use trade names, trademarks and service marks in connection with a product or service that does not belong to the Seller, or is likely to create confusion. Nothing contained in the Shop shall be construed as granting any license or right to use trade names, trademarks or service marks without the prior written permission of the owner.