Vendor Terms & Conditions

The Bottle Exchange is a platform where you can sell products, articles selected by us, online courses, promotional coupons and materials carefully selected by us. We want to make sure that you and your buyer share a positive TBE experience. Read on to learn more about your rights, and what we expect from you as a seller.

This regulation is part of our Terms of Use. By opening a TBE shop, the user agrees to these Regulations and the Terms of Use.

1. Present yourself, your shop and your listings honestly
2. Communicate with other users on TBE
3. Privacy and personal data protection
4. Create and upload content
5. Build a positive reputation through our reviews system
6. Provide great customer service
7. Respond to cancellation, return and replacement requests
8. Right to close your shop on the marketplace

1. Present yourself, your shop and your listings honestly

Here at TBE we value transparency. Transparency means that the seller honestly and accurately presents himself, his items and his business.

By selling on TBE, you agree to:

• Provide honest and accurate information in your Shop Profile section.
• Honoring your shop’s Terms of Sale.
• Accurately represent your items in your shop.
• Respect the intellectual property rights of others. If you believe that someone has violated your intellectual property rights, you can report it to TBE.
• Do not commit avoidance of commissions.
• Do not create duplicate stores and do not take other actions (such as manipulating clicks, carts or sales) in order to manipulate the search or circumvent TBE regulations.
• Do not coordinate the attribution of prices with other sellers.

2. Communicate with other users on TBE

Messagges

You can use TBE Messages (“Messages”) to communicate directly with your buyers and other TBE users. Messages are a great way for shoppers to inquire about an item or order.

Messages cannot be used for the following activities:

• Sending unsolicited advertising or promotions, requests for donations or spam;
• Harass or offend other members, or otherwise violate our Anti-Discrimination Policy;
• Contact someone even though they have explicitly asked not to do so;
• Interfere with a transaction or the activity of another user.

Interferences

Interference occurs when a user intentionally interferes with another user’s shop in order to hinder their business. Interference is strictly prohibited on The Bottle Exchange (formerly TBE). Examples of interference are:

• contact another user via Messages to warn them against a particular user, shop or item;
• intervene in common areas to report or discuss an open dispute with another user;
• making a purchase from a seller for the sole purpose of leaving a negative review;

Harassment

Any use of the messages feature to harass other users is strictly prohibited. Likewise, the Messages cannot be used to support or glorify hatred or otherwise violate our Anti-Discrimination Regulations. If you receive a message that violates this policy, we ask that you notify us immediately.

3. Privacy and personal data protection

The user is responsible for protecting the personal information of other users that he receives or processes, and must meet all relevant legal requirements. These include the applicable data protection and privacy laws, which govern the possible ways of using the information of TBE users. These laws may require the publication and compliance with the user’s privacy policy, which must be accessible to TBE users with whom you interact. The user’s privacy policy must be compatible with this regulation and with the TBE Terms of Use.

In particular, when you sell using our Services (subject to this Policy), you can determine what to do with specified personal information, such as when you communicate with users and when you have transactions with buyers. This means that when a user processes personal information (for example, buyer’s name, email address and shipping address) and, to the extent that they do so, under EU law, that user is an independent data controller. relating to other users that may have obtained through the services. The user is responsible for the protection of the user’s personal information received or processed, and must comply with all relevant legal requirements when using the Services. This includes applicable data protection and privacy laws governing the ways in which a user’s information may be used. These laws require the user to publish and comply with their privacy policy, which must be accessible to TBE users with whom they interact, and compatible with this regulation and with the TBE Terms of Use.

For more information on the General Data Protection Regulation, consult the resources listed at https://gdpr-info.eu/ and https://www.dataprotection.ie/. As a data controller (who is someone who decides what personal data is collected and the purpose for which to use it) to the extent that users’ personal information is processed outside the Services, the user may be asked, pursuant to applicable data protection and privacy laws, to honor requests received from such users regarding data access, portability, correction, deletion and processing related objections. Furthermore, if you disclose personal information without the consent of the buyer, you are responsible for such unauthorized disclosure.

This includes, for example, disclosures that are made or unintentional data breaches. For example, the seller may receive the e-mail address or other information of a buyer following the initiation of a transaction with the same. This information may only be used for communications relating to TBE or for transactions occurring on TBE. The user cannot use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s consent, and in accordance with other applicable TBE regulations and laws, you may not add any TBE user to your email or mailing list, use the buyer’s identity for marketing or obtain or retain any payment information. We remind you that it is the user’s responsibility to know the consent models provided for in each specific case. If TBE and the user are deemed to be joint controllers of personal data and information, and if TBE is sued, fined or otherwise incur expenses because of something the user has done as the joint controller of the personal data of the buyer, such indemnity has to be corresponded to TBE. TBE will sue the vendor.

In particular, when you sell using our Services (subject to this Notice), you may receive and determine what to do with certain personal information, such as when you communicate with users and when you have transactions with buyers. This means that the user who processes personal information (for example, buyer’s name, email address and shipping address) and, to the extent that they do so, under EU law, is an independent controller of related data. to other users, who were likely obtained through the Services.

The user is responsible for the protection of the user’s personal information received or processed and must comply with all relevant legal requirements when using the Services. This includes applicable data protection and privacy laws governing the ways in which a user’s information may be used. These laws require the user to publish and comply with their privacy policy, which must be accessible to TBE users with whom they interact, and compatible with this regulation and with the TBE Terms of Use. For more information on the General Data Protection Regulation, consult the resources listed at https://gdpr-info.eu/ and https://www.dataprotection.ie/.

As a data controller (who is someone who decides what personal data is collected and the purpose for which to use it) to the extent that users’ personal information is processed outside the Services, the user may be asked, pursuant to applicable data protection and privacy laws, to honor requests received from such users regarding data access, portability, correction, deletion and processing related objections. Furthermore, if you disclose personal information without the consent of the buyer, you are responsible for such unauthorized disclosure. This includes, for example, disclosures that are made or unintentional data breaches. For example, the seller may receive the e-mail address or other information of a buyer following the initiation of a transaction with the same. This information may only be used for communications relating to TBE or for transactions occurring on TBE. The user cannot use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s consent, and in accordance with other applicable TBE regulations and laws, you may not add any TBE user to your email or mailing list, use the buyer’s identity for marketing or obtain or retain any payment information. We remind you that it is the user’s responsibility to know the consent models provided for in each specific case.

If TBE and the user are deemed to be joint controllers of personal data and information, and if TBE is sued, fined or otherwise incur expenses because of something the user has done as the joint controller of the personal data of the ‘buyer, that user to indemnify TBE for expenses that occur in connection with the processing of the buyer’s personal information.
For more information, see the Privacy Policy page.

4. Create and upload content

As a TBE user, you have the ability to upload a variety of content, Messages, written content, photos and videos. In order to keep our Community safe and respectful, the TBE user agrees not to upload content that is:

• Offensive, threatening, defamatory, harassing, or otherwise violating our Anti-Discrimination Policy;
• obscene or vulgar;
• in violation of the privacy of others or of intellectual property rights;
• fake content or scam.

5. Build a positive reputation through our reviews system

Reviews are a great way to build a good reputation on TBE. Buyers can leave a review, including a five-star rating and a photograph of their purchase, during the 100 days following the estimated delivery date. If the expected delivery date is not specified, the period for leaving a review will begin after the processing time and shipping time have elapsed. Buyers can edit their reviews, including photographs, as many times as they wish during the set 100-day period. Reviews cannot:

• contain personal data;
• contain an obscene, vulgar, offensive, harassing or defamatory language;
• violate our anti-discrimination policy;
• contain claims about the benefits or healing properties of substances called medicinal products;
• contain advertising;
• complain about shipping or other elements not in the control of the TBE user;
• be threatening;
• include a sales pitch or otherwise falsely inflate a store review score; or undermine the integrity of the review system.

6. Provide a great customer service

We expect our sellers to provide a high level of customer service. By selling on TBE, the seller undertakes to:

• Take care of the shipment and respect the processing time. Sellers are obliged to ship the items or otherwise complete the transaction with the buyer quickly, unless there are exceptional circumstances. More information can be found in our Shipping Policy.
• Answer to messages
• Respect the commitments you have made in your shop’s Terms of Sale.
• Resolve disputes or disputes directly with the buyer. In the event that a resolution cannot be reached, our Dispute Resolution team may intervene through the dispute system.
• If it is not possible to complete an order, it is necessary to inform the buyer and cancel the order.

As a seller, you need to provide great customer service and maintain the trust of your buyers. These requirements are referred to as the “Vendor Service Level Standard”.
TBE also provides limited protection for those sellers who meet the requirements of our Seller Protection Program.

7. Respond to cancellation, return and replacement requests

Remember that, in addition to this regulation, each country has its own laws regarding shipping, cancellations, returns and exchanges. We invite you to learn more about the laws in your country and in the countries of your buyers.

Cancellations

If it is not possible to complete a transaction, it is necessary to notify the buyer via messages and cancel the transaction. If the buyer has already made the payment, a full refund must be issued. We suggest that you keep proof of any refunds in case a dispute arises.

Right of withdrawal in the European Union

Buyers in the European Union (EU) have a “right of withdrawal” for a period of 14 days from receipt of an item, during which they can return that item for any reason. The details of this right vary according to the EU Member State. The right of withdrawal does not apply to personalized items or to certain perishable goods. Rights with respect to digital items vary by EU Member State.

TBE Dispute Regulation System

We asked buyers to contact sellers directly in an effort to resolve any outstanding issues before opening a dispute. For this reason, it is important that you fill out the shop’s terms of sale and regularly reply to your shoppers’ Messages.
Buyers may file a dispute for non-delivery or because the item does not conform to the description. The seller must respond to any open dispute within three days or in any case within the time period reported by TBE in the dispute. TBE may request the assistance of the seller to resolve an open dispute against its store. TBE reserves the right to request early review of the dispute, for circumstances such as inactivity of the seller, harassment, refusal of service, exploitation of disputes or potential threat to the integrity of the dispute system.
By using the TBE dispute system, the user understands that TBE may use his personal information for the purpose of resolving any disputes with other users. You can open a dispute in the following cases:

Delivery Failure
Non-delivery or delivery failure occurs when a buyer places an order but does not receive the item. The following are examples of non-delivery cases:

• There is no proof that the item was shipped to the buyer.
• The item was not sent to the address provided by TBE.

Not in accordance with the description
An item does not conform to the description if the buyer can demonstrate that it is significantly different from the description or photos provided in the listing. The following are some examples of non-compliance:

• The item received is different in color, model, version or size.
• The article is different in design or material.
• The seller has not disclosed that the item is damaged or that parts are missing.
• The buyer received the wrong quantity of items (for example, the buyer bought three items but received only two).
• The article has been described as authentic, but it is not.
• The condition of the article is represented incorrectly (for example, the article is described as brand new but is instead used).

It is possible to open a dispute for non-delivery even after opening one for non-compliance with the description. To identify delayed delivery, the buyer must provide proof that all these conditions are met:

• The article was ordered for a specific date or event.
• The article is useless after that date.
• The seller has not shipped the item or items based on the processing time or the date agreed in the Messages.

If TBE determines that an item does not reflect the description that was given, it will request the seller to refund the order, including the original shipment and the return shipment.

Inelegible Transactions / Payments

Some disputes are not eligible for TBE’s dispute system. These include:

• Items damaged by the shipping carrier (if properly packaged by the seller).
• Items that have been modified, used, worn, washed or discarded after being received.
• Items received after the expected date due to delays due to the shipping service.
• Items returned without prior return agreements.
• Items that have been accurately described but that do not meet the buyer’s expectations.
• Disputes on the cost of shipping.
• Items that were purchased in person.
• Items whose sale is prohibited on TBE, including services and intangible assets.
• Transactions in which payment is not made through TBE’s payment system.

8. Right to close your shop

Both parties, TBE and the seller have the right to close the shop.

TBE has the right to suspend or limit the profile / shop and / or any section or functionality of TBE at any time by sending written notice specifying the reasons for the suspension or interruption. Without limiting the foregoing, TBE may suspend access to thebottlexchange.com/.it to perform scheduled or extraordinary maintenance or for any other reason at any time.

The seller has the right to close their profile / shop as long as they have fulfilled all orders and only after 14 days have delivered the last item sold.

Sanctions Regulation

TBE provides a direct connection between buyers and sellers. When using the TBE services (we will refer to the services as our “Services”), the user is responsible for compliance with this regulation, regardless of its location.
This regulation is part of our Terms of Use. By using any of the TBE services, the user accepts this regulation and the Conditions of use.
As an Italian company, TBE must comply with the economic sanctions and trade restrictions of the Italian state. This policy applies to anyone who uses our Services, regardless of their location. It is the user’s responsibility to inquire about these restrictions.
For example, these restrictions generally prohibit, but are not limited to, transactions involving:

• Certain geographic areas, such as Crimea, Cuba, Iran, North Korea and Syria, or any individual or entity operating or having its headquarters in any of these countries.
• Persons or entities identified in the exclusion lists, such as those indicated by OFAC in the List of persons with special designation (“SDN”) or in the List of convicted tax evaders (“FSE”);
• Cuban citizens, regardless of their location, for whom a citizenship or residence has not been established outside of Cuba.
• Items originating from areas such as Cuba, North Korea, Iran, or Crimea, with the exception of informational materials such as publications, films, posters, gramophone recordings, photographs, magnetic tapes, compact discs, and some works of art.

To protect the community and the marketplace, TBE takes actions to ensure compliance with sanction programs. For example, TBE prohibits members from using their accounts when they are in certain geographic areas. If we have reason to believe that you are operating in your account from one of the sanctioned locations, such as one of the countries listed above, or otherwise acting in violation of any economic sanction or trade restriction, we may suspend or terminate your use of the our Services. Members are generally not allowed to create listings, purchase, or sell items from sanctioned areas. This includes items that date back to prior to such penalties, as we have no way of verifying when they were picked up from restricted locations. TBE reserves the right to require sellers to provide additional information, disclose the country of origin of an item in its listing, or take action to comply with compliance obligations. We may deactivate advertisements, or cancel transactions, which present a risk of violation of this regulation.

In addition to complying with applicable local laws, TBE members should be aware that other countries may have their own set of trade restrictions, and that certain items may not be eligible for export or import under international law. .
Finally, TBE users need to know that third-party payment managers, such as PayPal, can independently monitor transactions against penalties, and can block transactions as part of their compliance program. TBE has no authority or control over the independent decision-making process of these suppliers.

Economic sanctions and commercial restrictions relating to the use of the Services by the user are subject to change, therefore members must inform themselves by periodically checking resources regarding such sanctions. For legal advice, we suggest that you consult a qualified professional.

Shipping T&C’s

Sellers are responsible for shipping items sold to buyers. If you use a shipping or order fulfillment service, we remind you that the seller is considered the ultimate responsible for ensuring that buyers receive their orders.
By selling on TBE, the seller undertakes to:

• Provide an accurate sender address.
• Specify the shipping costs and processing times in the shop.
• Ship the items promptly after the sale has been made. Timely shipping means sending each item within 30 days of purchase, unless otherwise specified in the processing time or a different shipping period is agreed with the buyer through the Messages. Before updating the processing time for a particular order, the buyer’s consent must first be obtained.
• Send to the address shown on the TBE receipt.
• Mark the order as shipped once the shipment has been made. We remind you that the order will be marked as shipped only after the actual shipment. When an order is marked as shipped, the buyer receives a notification.
• By entering the tracking number or delivery confirmation on TBE, the seller allows us to collect and share with the buyer these data received from the chosen shipping courier.
• In the unlikely event that an order does not arrive, the seller must be ready to provide valid proof of shipment. A valid proof of shipment must show that the item was actually shipped and that it was sent to the address listed on TBE. If a buyer does not receive the order, he can open a dispute against the seller’s shop.
• We want to reassure the seller, because TBE provides protection if it has complied with the requirements of our Seller Protection Program.

Payments T&C’s

This regulation is part of our General Conditions. By opening a TBE shop, the user agrees to these Regulations and the General Conditions.

1. Commissions
2. Avoidance of Commissions
3. Payment of TBE fees and commissions
4. Invoicing
5. Shipping times and rates
6. Taxes

1. Commissions

Sellers are required to pay TBE 3,5% commission on each product sold. Remember that the commission includes any value added tax (VAT) and is NOT inclusive of the PayPal transaction fee (equal to 3.4% + € 0.35 cents per transaction).

2. Avoidance of commissions

Any action by a seller to avoid paying a commission is considered commission evasion and is strictly prohibited by TBE. This includes, for example, encouraging customers to purchase an item in your TBE store through another platform. A transaction that has been initiated on TBE cannot be completed outside of TBE. The price stated in the description of each listing must be an accurate representation of the sale. Sellers cannot change the price of the item after a sale in order to avoid TBE transaction fees, declare an incorrect location of the product or use another user’s account without permission.

3. Payment of TBE fees

TBE will automatically deduct all fees and commissions due from the user’s payment account.

The user can find the account statement in their payment account, where all sales and activities relating to rates and commissions will be detailed.

4. Invoicing

Invoicing of the seller to the buyer
The seller is required to issue an invoice to the buyer, if required, and is in any case responsible for the annotation for tax purposes of each sale transaction, equal to 100% of the amount paid including any shipping costs.

Invoicing of TBE to the seller
TBE will issue each seller a single monthly summary invoice relating to the commissions within the terms established by current legislation by applying the related taxes.

See paragraph “1. Commissions.”

5. Shipping times and rates

Shipping times and rates are determined by the seller. Shipping costs are not subject to commission

6. Taxes

The seller is responsible for the collection and payment of taxes associated with the use and sale through the services of TBE.

With regard to VAT treatment within the Member States, the rate of the country in which the tax takes place will be applied
consumption itself, regardless of the place of establishment of the taxable person carrying out the transaction.

Non-EU companies that carry out B2B transactions with EU operators and that do not benefit from the support of a tax representative within the country of residence of the client, will not have to fulfill any other fulfillment for VAT purposes other than to issue towards the Community customer an invoice identifying the type of service rendered and the amount of the fee requested; it will be up to the customer to pay the self-VAT by invoicing himself. Non-EU subjects are exempt from the obligations of invoicing, registration, settlement and annual declaration. Despite this, they are still obliged to submit a quarterly return and pay the VAT due. In fact, the tax charged for compensation to the consumer must be paid directly to the State of identification following the quarterly payment in which the operator must distinguish the amount of individual transactions and the tax applied for each Member State. At the same time that the inherent declaration is sent, the tax must also be paid. In any case, it will always be the seller’s responsibility to identify, based on the type of customer and transaction, the field of application of the taxes and the related payment.

TBE will put in place all tax obligations due for the purposes of current legislation in order to avoid joint and several obligations with the sellers regarding the payment of taxes.

Seller Service Tax

VAT on the seller’s rates and commissions

Depending on the state and location of your business, TBE may be required to apply VAT on the seller’s rates and commissions charged monthly, and to pay it to the competent tax authorities. VAT is collected on all TBE rates and commissions for sellers based in countries where VAT is applied.

In B2B, there is the territorial assumption ex art. 7-ter Presidential Decree 633/72 when the services are rendered to taxable persons established in the territory of the State; in the event that the client is a non-resident, however, the transaction does not satisfy the territoriality and is to be considered outside the scope of VAT. In B2C, there is territoriality when the service is rendered to private clients by taxable persons established in the territory of the State; the only case in which there is an exception to this principle concerns B2C in which the client is a non-EU private individual; in this case, art. 7-septies D.P.R. 633/72 derogation from art. 7-ter paragraph 1 letter b D.P.R. 633/72, dividing the provision of services into generic (territorially relevant in Italy, i.e. in the country of the provider) and specific (outside the scope of VAT application).

Therefore, the provider will be required to consider both the type of service and the nature of the client.

Art. 6 of the Presidential Decree 633/72 identifies the tax moment with the date on which the consideration is paid or when the invoice is issued if prior to payment, therefore the VAT tax moment occurs, both in direct and indirect electronic commerce, in payment via internet that the customer completes at the time of the order.

Transactions carried out between EU taxable persons must be subject to VAT and such taxation takes place in the State of tax residence of the customer.