APPENDIX NO.1 TO THE TERMS AND CONDITIONS - TRANSACTION FEES
1. The Service Provider charges the Seller a one-off transaction fee for each Transaction as follows:
4% for the portion of the total Transaction value up to 6 000 EUR and
0.5% for any portion of the total Transaction value greater than 6.000 EUR
For the avoidance of any doubts the transaction fee is calculated from the total value of the Transaction which consists of the Product purchase price, delivery costs and all other costs, fees and taxes. The transaction fee is calculated in net amount and will be increased by the applicable VAT rate, which is included by the Service Provider and is due for payment according to the issued invoice.
2. The Service Provider maintains a list of Transactions on an ongoing basis (hereinafter referred to as the “List”). The List includes events that the Service Provider considers or suspects as indicating that a Transaction has been executed. No later than on the 3th calendar day after the end of each calendar month, the Service Provider will provide the Seller with a completed List covering the Transactions of the previous calendar month. The Service Provider will provide the Seller with the List via the Account and will notify the Seller thereof via an email.
3. The Service Provider considers a Transaction as executed and is undisputedly entitled to charge a fee in each case if:
a. the Payment was made,
b. the Buyer has used the merXu Pay option,
c. the Seller concluded a Freight Forwarding Agreement with the Service Provider (the Freight Forwarder) in one of the modes provided for in Appendix no. 8 - Transport Organization Assistance, or
d. the User benefited from a promotion organised by the Service Provider under which it is possible to confirm the execution of a Transaction
e. the Service provider has been in possession of information or documents indicating that a Transaction has been executed, other than information or documents indicated in clause 3.
4. In respect of situations for which the Service Provider suspects that a Transaction has been executed, as provided under clause 3 above, and which have been included in the List, the Seller has the right to object and demonstrate a proof that the Transaction was not executed e.g. by providing a correction invoice. The Seller shall:
a. inform the Service Provider of the Seller’s objections, and
b. provide proof that the Transaction did not take place.
5. Notwithstanding the right indicated in clause 4 above, the Seller should add to the List other executed Transactions that the Service Provider has not included in the List.
6. The obligations of the Seller under clauses 4 and 5 shall be executed using the associated Account functionality , within 5 calendar days from being provided with the List. Failure to object to the List or to provide evidence of the fact that a specific Transaction was not executed shall be deemed as acceptance by the Seller of the List as provided by the Service Provider.
7. The Service Provider assesses the Seller’s objection, creates a final version of the List, and provides it to the Seller via the Account within 7 calendar days of receipt of the Seller’s objections supported with proof. If the Seller does not agree with the Service Provider’s decision, the Seller may submit a complaint on the terms set out in the Terms and Conditions of merXu.
8. For the avoidance of doubt, Service Provider charges the transaction fee only once in relation to a given Transaction, even when more than one event occurred in such a transaction justifying the charging of the fee. For example, if payment services provided by the Provider were used for a given Transaction and the Freight Forwarding Agreement was concluded at the same time, then one transaction fee will be charged. In determining the transaction fee payable, where there are several grounds for charging the fee, the amount specified in clause 1 , respectively, shall always prevail .
9. The transaction fee is charged either:
a) automatically and immediately upon the Transaction is concluded (esp. when the online Payment is done) or
b) additionally at the beginning of the month following the month in which the Transaction was concluded.
Users will get the invoice with the transaction fees’ summary on the basis of the final version of the List referred to in clause 7 once a month via email by the 14th business day of the following month.
10. The transaction fee is non-refundable, including in the event:
a. that the Buyer or the Seller withdraws from the Transaction or withdraws from the Transaction in part,
b. when the Buyer or the Seller terminate the sale contract, including when one of them terminates the contract or evades the effects of the declaration of will,,
c. of a complaint made concerning the Product,
d. of suspension or deletion of an Account on the Platform.
11. Clause 10 does not affect the rights of entrepreneurs under mandatory legal provisions .
12. The Service Provider reserves the right, at its own discretion and as part of current promotional campaigns, to grant individual discounts and rebates on the value of the transaction fees charged.
13. In the case where individual rebates granted for transaction fees have an expiry date, any change to the amount of the rebate will be communicated at least 21 days prior to its expiry.
14. It is unacceptable for the Seller to pass on the transaction fee onto the Buyer.