Terms and conditions

Welcome to https://setsbase.com/, an online marketplace (the “website”, “platform”) operated by KICKPACE s.r.o. (the “Company”, “us”, “we”) By using or accessing the website, you agree to the terms and conditions hereafter, which govern the relationship between Setsbase and each Buyer and Seller, as well as the relationship between Buyers and Sellers. These terms and conditions may change from time to time so please check and read them regularly.

Sellers must adhere to our terms and conditions and in addition, have their own terms and conditions. Before making any purchase, please read the Terms & Conditions on the Seller’s profile page, which can be accessed by clicking on their name on the product page.

The company provides a platform for the primary purpose of enabling Buyers to interact and transact with Sellers through the website and its services for digital goods products.

1. Terms and conditions for using the platform

1.1 Registration

By registering for an account, listing, selling or buying on the website you confirm that you have understood and accepted https://setsbase.com/’s terms and conditions.

You warrant that the information you have supplied as part of the registration process is accurate and that you will notify us of any changes. You are responsible for safeguarding the security of your account, including keeping your password confidential.

Unless agreed by us in writing, all users of the website are limited to one account.

We reserve the right to reject any registration and refuse the use of the platform for any reason, at our sole discretion.

1.2 Our role

Through the website and its services, we provide a marketplace platform for digital goods products, such as setups, coaching, and sim racing liveries.

When a Buyer purchases from a Seller, a legally binding contract is formed between these parties. For the avoidance of doubt, by accepting https://setsbase.com/ terms and conditions, the Buyer will also be accepting the Seller’s terms and conditions.

https://setsbase.com/ is not a party to the transaction and shall not bear any express or implied liabilities related to the items sold online. We do not possess, check or act as caretakers of any items that are sold by Sellers at any time.

1.3 Conduct and behaviour

You may only use the website and its services for its primary purpose.

In your interactions, you must at all times remain courteous and polite and not use any nicknames, comments, product descriptions or messages that are obscene, discriminatory, offensive or discourteous.

You are responsible for all data transferred from your systems to our website and services and shall bear all liabilities in any way connected to such data and content.

You must not:

• Use https://setsbase.com/ or any of its services for any unlawful activity;
• Do anything that causes damage or disruption to the website or its services;
• Send malicious information to any party using our services (including viruses, Trojans, adwares, worms, spam);
• Use the website or services for commercial solicitation, or use any data obtained from or via our website without our prior consent;
• Transfer your account to another party without our prior consent;
• Provide us with false, inaccurate or misleading information;
• Attempt to manipulate transactions or tamper with the website in any way.

1.4 Use of data

In the course of our operation, we collect data from Buyers and Sellers. You accept that your personal data may be shared between Buyers and Sellers for the sole purpose of facilitating the sale, purchase and fulfilment of orders on the website as per our Privacy Policy.

Sellers agree to fully comply with the General Data Protection Regulation and use Buyers’ information solely for the purpose of completing transactions and not store Buyers’ data subsequently or pass it on to third parties.

Please review our Privacy Policy in full for details on how your personal data is used.

1.5 Disclaimer of warranties

We do not represent or warrant that the website will be error-free, uninterrupted, free from third-party attacks or otherwise available at all times to meet your requirements.

THIS SERVICE IS PROVIDED ON AN “AS IS” BASIS. HTTPS://SETSBASE.COM/ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH THE WEBSITE WILL BE AS REPRESENTED BY SELLERS, FIT FOR A PARTICULAR PURPOSE OR USE, AVAILABLE AT THE TIME OF LISTING, COMPLIANT WITH APPLICABLE REGULATIONS, FREE FROM INTELLECTUAL PROPERTY INFRINGEMENT, OR THAT SELLERS AND BUYERS WILL PERFORM AS THEY HAVE AGREED.

Sellers who provide product data and make products available for sale through the https://setsbase.com/ website shall be bound by our terms and conditions in addition to their own. Any representations and/or warranties regarding their products shall be solely binding upon them.

Where a dispute arises between, or out of Buyers and Sellers activity on the website, each party expressly agrees to waive any subsidiary or recourse claims against https://setsbase.com/ and further agrees to hold https://setsbase.com/ harmless from any claims that may be in any way connected with such dispute.

1.6 Limitation of liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, HTTPS://SETSBASE.COM/ EXCLUDES LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF BUSINESS LOSS OF DATA AND ANY CONSEQUENTIAL LOSS, CLAIMS OR REMEDIES IN TORT, WHETHER OR NOT ARISING FROM ITS NEGLIGENCE.

This Agreement shall not exclude liability for death or personal injury resulting from our negligence, or any liability that cannot be limited or excluded by law.

1.7 Force Majeure

Neither we nor the Sellers will be obliged to fulfil the responsibilities detailed in the terms and conditions in circumstances beyond reasonable control. These include but are not limited to earthquakes, floods, fire, plague or other natural disasters, terrorism, riots, civil disturbances, war, strikes, nuclear or chemical contamination, failure of public infrastructure, national emergency, inclement weather or acts of God. Duties and obligations will be postponed for the period of the Force Majeure.

1.8 Communication

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

2. Seller terms and conditions

2.1 Conditions of sale

In order to ensure that the platform promises to customers are maintained, conditions applicable for Sellers to be able to sell on the platform may vary from time to time. These are specified as part of the Seller registration process. By registering and listing products for sale on the platform you agree that you and your products comply with the criteria to sell on the platform.

2.2 Listing

By uploading products and listing quantities for sale on the platform you agree that you are legally entitled to sell the products listed and that the descriptions are accurate, not ambiguous or misleading, and that the items are in fact available for delivery to all Buyers.

It is your responsibility to ensure the sale and distribution of items is not in breach of any applicable laws and that no regulatory restrictions or specific duties apply to such items. https://setsbase.com/ shall not be responsible for verifying your right to list and sell products, or whether the sale of such products is prohibited or deemed illegal. https://setsbase.com/ reserves the right to remove your listings, without prior notice to the Seller, any product whose sale becomes illegal or controversial.

Once a product has been listed for sale with a specified expiration period, the Seller is obligated to maintain the availability of the product for the full duration of that period. Under no circumstances should the product be removed or made inaccessible to Buyers until the end of the defined expiration period, as set by the Seller at the time of listing. Any violation of this term could result in account suspension or other penalties

You must ensure your products listed:

• do not infringe any third party intellectual property and you have all necessary licences or approvals in order to sell your products to the Buyers on the website;
• is available for Setsbase at any time to check the quality and originality.
• must set up a connection with the payment gateways (PayPal and Stripe) yourself, if you do not do so, you are not entitled to sales at the time when you did not have them connected

By listing a product for sale at a price you agree that you will supply the product at that price to Buyers on the website. We may deactivate sellers account for poor quality products, copied products or poor service and communication. We reserve the right to terminate any listings that are in breach of our terms and conditions and remove any products at our reasonable discretion.

2.3 Warranties

You must provide customers with clear and accurate information regarding all products listed, as well as all consumer statutory rights and warranties, whether express or implied, which shall solely be borne by you.

YOU ACCEPT TO BE SOLELY RESPONSIBLE FOR THE PRODUCTS’ QUALITY, FEATURES, SAFETY, INFORMATION CONTAINED ON LABELS OR ADVERTISED ONLINE, NAMES, MARKS, STANDARD LABELS AND ANY PRODUCT RELATED INFORMATION THAT MAY BE REQUIRED OR EXPECTED BY CUSTOMERS. ANY DISCLAIMERS, NOTICES, WARNINGS OR PRODUCT RESTRICTIONS MUST BE CLEARLY STATED.

You undertake to address any issues raised by customers, including, but not limited to, complaints and refunds in a timely and effective manner.

2.4 Intellectual property

By listing on the website, you grant us and our affiliates a non-exclusive, worldwide, royalty-free right to exercise all copyright, database rights and rights of publicity over the material displayed in your product information and listings that you provide to us in any existing media now or in the future.

2.5 Payments

Your sales proceeds will be paid at the end of each month for orders dispatched during the previous month, net of the above-referred fees and percentages due, as well as of any refunds owed to customers pursuant to statutory regulations.

For the avoidance of doubt, any such refunds will be processed by us and deducted from your sales proceeds.

2.6 Sales 

Orders you receive on the website must only be paid by the Buyer through the website’s payment facility. You are responsible for all risk and liability related to supplying the order to the Buyer and must endeavour to dispatch the item in a timely manner with a speed of dispatch at least as favourable as your declared dispatch speed during your account registration process.

2.7 VAT

It is your responsibility to ensure your products listed include all applicable taxes to deliver goods to Buyers, including customs and excise duty, VAT and any other applicable taxes. You are responsible for accounting for all taxes due relating to the sale of your products on our website.

2.8 Fees

We charge a fee of 9% on each order sold, while PayPal and Stripe charge fees on each order based on their current price list.

2.9 Customer communication

You may not directly communicate with or target marketing (including any statements of your own company website domain) at any customers of https://setsbase.com/, via any means, except for responding to direct messages regarding product queries or orders via our platform. This includes but is not limited to: promotional emails, including email signatures or footers with marketing messages, and order acknowledgement or dispatches of emails.

2.10 Termination

We will monitor Sellers’ performance very closely and may reasonably request further information about you or your business activities from time to time. We reserve the right to suspend or terminate your account if you fail to provide us with such information, or if your business conduct or use of the service is detrimental to the quality of the platform in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability or otherwise harmful to our business operation or abusive to Buyers.

We reserve the right to suspend or terminate your account if you are in breach of the terms and conditions without notice.

3. Buyer terms and conditions

3.1 Purchase

To make a purchase from the website you must register for an account as a Buyer. Your use of the website implies your acceptance of our terms and conditions and Privacy Policy.

Purchases you make from a Seller on the website must only be paid through the website’s payment facility. We accept payments using Visa, MasterCard or American Express cards. We will process the payment for your purchase from the Seller and pass the proceeds on to the Seller. We reserve the right to refuse to process any transaction for any reason at our sole discretion.

When you place an order, you authorise us to take payment for the purchase price and are deemed to transact subject to the Seller’s terms and conditions. An order is deemed to be accepted by the Seller when you receive an email confirmation that the order has been dispatched.

3.2 Limitation of liability

HTTPS://SETSBASE.COM/ DOES NOT REPRESENT OR WARRANT THAT INFORMATION PROVIDED BY SELLERS, SUCH AS PRODUCT INFORMATION IS ACCURATE OR COMPLETE. HTTPS://SETSBASE.COM/ SHALL NOT BEAR ANY DIRECT OR INDIRECT LIABILITY FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OF ANY PRODUCTS OFFERED FOR SALE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE WEBSITE.

In no event shall https://setsbase.com/ be held liable for online advertisements, editorial features or recommendations about particular products or services that may be suggested for particular purposes or expectations. No such representations or recommendations that may be displayed on https://setsbase.com/ should serve as a substitute for professional advice.

You should not rely solely on the information presented on the website. We recommend that you contact the Seller directly in case you have a specific concern or question regarding a product.

3.3 Refunds

Due to the digital products that we provide on our marketplace platform. WE DO NOT ACCEPT RETURNS.

Digital Goods – once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products

3.4 Termination

We reserve the right to suspend or terminate your account if you are in breach of the terms and conditions without notice.

4 No partnership or agency

Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties.

5 Disputes

Whilst we are not a party to the transaction, we may try to help users resolve disputes.

Where a Buyer and Seller are unable to resolve a dispute resulting from a transaction that occurred on the platform, they may resort to us by contacting us at hello@setsbase.com or via the contact form on our website.

For the avoidance of doubt, we have no obligation to resolve disputes and will consider doing so at our sole discretion and based solely on our policies.

You release Setsbase (and Setsbase’s directors, officers, employees and representatives) from any and all claims, demands, damages, including consequential loss of every kind and nature arising out of or in any way connected with disputes between Buyers and Sellers or external parties.

6 Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the Czech Republic. Any matters arising in connection to this agreement shall be subject to the exclusive jurisdiction of the courts of the Czech Republic.

This document was last updated on January 06, 2021