By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1. EurekaBike is a Venue
EurekaBike acts as a venue to allow users who comply with EurekaBike’s policies to offer, sell, and buy certain goods or services within a fixed-price format. EurekaBike is not directly involved in the transaction between buyers and sellers. As a result, EurekaBike has no control over the quality, safety, morality, pricing or legality of any aspect of the items listed; the truth or accuracy of the listings; or the ability of sellers to sell items or the ability of buyers to pay for items. EurekaBike does not pre-screen users or the content or information provided by users. EurekaBike cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, EurekaBike does not transfer legal ownership of items from the seller to the buyer.
EurekaBike cannot guarantee the true identity, age, and nationality of a user. EurekaBike encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that EurekaBike is a venue and as such is not responsible or liable for any content, for example, data, pricing, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on EurekaBike. You use the EurekaBike service at your own risk.
2. Membership Eligibility
Age: EurekaBike’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. EurekaBike may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use EurekaBike’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us at firstname.lastname@example.org.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by EurekaBike’s policies as stated in the Agreement and the EurekaBike policy documents listed below (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by EurekaBike, each of which is incorporated herein by reference and each of which may be updated by EurekaBike from time to time without notice to you:
In addition, some services offered by EurekaBike may be subject to additional terms and conditions promulgated by EurekaBike from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify EurekaBike of any unauthorized use of your password or any breach of security. You also agree that EurekaBike cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than EurekaBike without EurekaBike’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on EurekaBike you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your EurekaBike account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: EurekaBike’s services are not available to temporarily or indefinitely suspended EurekaBike members. EurekaBike reserves the right, in EurekaBike’s sole discretion, to cancel unconfirmed or inactive accounts. EurekaBike reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Billing
EurekaBike requires you to sign up for a monthly subscription to operate a shop with EurekaBike. The Standard Fee for all Retailers is €100,00 per location per month. Further services and commercial offers may be available for shops from time to time. Extra fees for Data Integration may apply for Retailers who require data integration with Magento, Woo Commerce, Big Commerce, Shopify or other e-commerce platforms.
You authorize EurekaBike to keep your payment card information on file and to charge the card on file on the same day you signed up for an account of each calendar month for the service. Payments will be charged monthly to customer accounts based on the original purchase date. For example, if you originally paid on the 10th of February your account will be charged on the 10th of March and so on. If the original payment date does not fall in the following month, customer accounts will be charged on the next available date. We will continue to charge the customer’s account until we are notified in writing of a desire to close out the account. If your account is reviewed or updated during its currency and a new monthly billing date is agreed ongoing monthly billing will then occur on the new date.
Unless agreed otherwise, no % commission is required when a retailer sells a product or service through the EurekaBike platform.
All merchants are responsible for product fulfillment, returns, customer service, dispute resolution, etc. Changes to the fees for EurekaBike’s services are effective after EurekaBike provides you with at least 14 days’ notice by posting the changes on the Site. However, EurekaBike may choose to temporarily change the fees for EurekaBike’s services for promotional events (for example, free listing days); such changes are effective when EurekaBike posts the temporary promotional event on the Site. EurekaBike may, at EurekaBike’s sole discretion, change some or all of EurekaBike’s services at any time. In the event EurekaBike introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Euros (EUR).
In the event that EurekaBike bills your account in error, you will be provided a refund.
Fees and Termination: If EurekaBike terminates a listing or your account, if you close your account, or if the payment of your EurekaBike fees cannot be completed for any reason, you remain obligated to pay EurekaBike for all unpaid fees plus any penalties, if applicable. Cancellations of subscriptions must be received by EurekaBike in writing via mail or email by 5.00pm (CET) on the 5th business day previous to when your billing would normally occur, to the below e-mail address:
Cancellation of your subscription will result in a cessation to new billing. All services relating to your EurekaBike account will end on the day that any cancellation is advised by and agreed with the Retail Member by EurekaBike. In such cases no retroactive refunds will be made for any unused portion of the billing cycle. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, please contact EurekaBike via email at: email@example.com.
4. Listing and Selling
Ads Description: All ads on EurekaBike must refer to products or services that are for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with EurekaBike’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your EurekaBike shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each ad must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.
Shop Policies: All sellers are urged to outline shop policies for their EurekaBike shop. These policies may include, for example, shipping, returns, payment, and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with EurekaBike’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. EurekaBike reserves the right to request that a seller modify a shop policy.
Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding EurekaBike transaction fees, misrepresent the item’s location, or use another user’s account without permission.
Events & Ticketing: Events and tickets advertised on EurekaBike enable buyers to purchase and/or reserve entry to specific events advertised by the seller. If the buyer has any queries or reservations about an event they are advised to contact the seller directly or review the event terms and conditions provided by the seller prior to purchasing.
5. Prohibited, Questionable, and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding EurekaBike and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on EurekaBike.
Restricted Activities: Your Content and your use of EurekaBike shall not:
Re-Posting Content: By posting Content on EurekaBike, it is possible for an outside website or a third party to re-post that Content. You agree to hold EurekaBike harmless for any dispute concerning this use. If you choose to display your own EurekaBike-hosted image on another website, the image must provide a link back to its listing page on EurekaBike.
Idea Submissions: EurekaBike considers any unsolicited suggestions, ideas, proposals, or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and EurekaBike shall not be liable for the disclosure or use of such Material. If, at EurekaBike’s request, any member sends Material to improve the site (for example through customer support), EurekaBike will also consider that Material to be non-confidential and non-proprietary and EurekaBike will not be liable for use or disclosure of the Material. Any communication by you to EurekaBike is subject to this Agreement. You hereby grant and agree to grant EurekaBike, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish, and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
EurekaBike does not control the Content provided by users that is made available on EurekaBike. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using EurekaBike, you agree to accept such risks and that EurekaBike (and EurekaBike’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on EurekaBike. Please use caution, common sense, and practice safe buying and selling when using EurekaBike.
Other Resources: EurekaBike is not responsible for the availability of outside websites or resources linked to or referenced on the Site. EurekaBike does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that EurekaBike shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes and Release
Disputes with EurekaBike: In the event a dispute arises between you and EurekaBike, please contact EurekaBike. Any dispute arising from or relating to the subject matter of this Agreement shall be governed by and construed in accordance with the laws of the Italian law including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. You agree that the state and federal courts in the Tribunale di Modena shall have sole and exclusive jurisdiction and venue for the resolution of all disputes arising under the terms of this Agreement and the transactions contemplated herein. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and EurekaBike agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, EurekaBike encourages you to contact the user or third party to resolve the dispute amicably. You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release EurekaBike (and EurekaBike’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
9. EurekaBike’s Intellectual Property
Valiants, Eureka, EurekaBike, and other graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Valiants di Jacopo Vigna in Italy, Europe, the U.S., Australia, China, Japan, India and/or other Countries. EurekaBike’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
10. Access and Interference
EurekaBike may contain robot exclusion headers which contain internal rules for software usage. Much of the information on EurekaBike is updated on a real-time basis and is proprietary or is licensed to EurekaBike by EurekaBike’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access EurekaBike for any purpose whatsoever, without EurekaBike’s prior express written permission. Additionally, you agree that you will not:
Without limiting any other remedies, EurekaBike may, without notice, and without refunding any fees, delay or immediately remove Content, warn EurekaBike’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
EurekaBike reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on EurekaBike.
13. No Warranty
EurekaBike, EurekaBike’s subsidiaries, officers, directors, employees, and EurekaBike’s suppliers provide EurekaBike’s web site and services “as is” and without any warranty or condition, express, implied or statutory. EurekaBike, EurekaBike’s subsidiaries, officers, directors, employees and EurekaBike’s suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. in addition, no advice or information (oral or written) obtained by you from EurekaBike shall create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
All products are sold under the policies of the respective Manufacturer or Retailer. All directions of the Manufacturer or Retailer must be followed when using any product purchased through EurekaBike. Specifically, bikes should be assembled by a qualified bike mechanic to ensure correct assembly. EurekaBike and its sellers will not be responsible for damage or injury caused by improper assembly of products purchased through EurekaBike or if directions and instructions for proper use are not followed. You may not qualify for any applicable Manufacturer or Retailer warranty if you do not follow their policies for assembly and use. Please consult the Manufacturer or Retailer’s policies prior to assembly and use of your product.
14. Liability Limit
In no event shall EurekaBike, and (as applicable) EurekaBike’s subsidiaries, officers, directors, employees or EurekaBike’s suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, EurekaBike’s services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
EurekaBike’s liability, and (as applicable) the liability of EurekaBike’s subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to EurekaBike in the 12 months prior to the action giving rise to liability, and (b) €100,00. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold EurekaBike and (as applicable) EurekaBike’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
16. No Guarantee
EurekaBike does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside EurekaBike’s control.
17. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and any EurekaBike service and, if applicable, your ads, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on EurekaBike’s net income).
In states where EurekaBike is not required to collect sales tax, your purchase may be subject to use tax in accordance with your state’s laws. Some purchases may be exempt from taxation; however, a purchase is not exempt merely because it was made over the Internet. Your state may require its residents to report all purchases of tangible personal property or digital property that are not taxed by the retailer, and pay use tax on those purchases unless exempt under your state’s laws. The tax may be reported and paid on an individual income tax return or by filing a consumer tax return. (States requiring retailers to make this disclosure include, but may not be limited to: California, Colorado, Kentucky, Michigan, Mississippi, Oklahoma, South Carolina, South Dakota, Tennessee and Washington).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
19. No Agency
You and EurekaBike are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
20. EurekaBike Service
21. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the Tirbunale of Modena (Italy).
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (EurekaBike’s Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to EurekaBike;
Attn: Legal Department; via Beethoven, 17 41049 Sassuolo (MO) - Italy
(in the case of EurekaBike) or, in your case, to the email address you provide to EurekaBike (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, EurekaBike may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to EurekaBike. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in EurekaBike’s Copyright and Intellectual Property Policy.
The services hereunder are offered by Valiants di Jacopo Vigna, located at via Beethoven, 17 - 41049 Sassuolo (MO) - Italy.
Effective Date: September 12th, 2020