Section V: Conditions for Users of Legal Entities

1 Order placement:
1.1 The Order is made by the User by using the functionality of the Service.
1.2 When placing an order using the Service, the User concludes contracts of sale and delivery of Goods with the Seller or with the Seller and the Deliverer, entering into direct contractual relations with the Seller or with the Seller and the Deliverer, from whom they buy/order the Goods/Deliveries. All rights and obligations under the contracts concluded with the User arise directly from the Seller and/or the Deliverer. Funtic with the help of the Service provides the User with the following information and advisory services consisting in the possibility to:
to make a selection of Goods;
conclude a contract for the sale and purchase of Goods and a contract for the delivery of Goods with the Seller or the Seller and the Deliverer;
to pay for the Order;
receive notifications on the status of execution of the Order;
change or cancel the Order.
1.3 By placing the Order, the User agrees that the Seller/Deliverer has the right to assign the Goods Delivery to a third party, while remaining responsible for its execution.
1.4 When placing the Order, the User shall read the following information posted on the Service:
about the main consumer properties of the Goods/conditions of service provision;
about the full company name (name) of the Seller and the Seller's address (location);
the place of production of Goods;
on price and conditions of Product purchase, on payment procedure;
on the price and conditions of delivery of Goods, on payment procedure;
about the service life, shelf life and warranty period established for the Commodities (if applicable).
1.5 The information on the availability of the Goods available on the Service is specified when the User places the Order and may change at the time of placing the Order due to the technical features of the Service.
1.6 When Ordering, the User must specify all the data necessary for the execution of the Order, including (but not limited to) the following
up-to-date contact information to the extent provided by the Service;
actual contact details of Recipient of the Goods to the extent provided for by the Service;
address of Goods Delivery and/or contact number of Recipient. If the User is not the recipient of the Goods and at the time of ordering the Delivery address is unknown, the User shall specify the contact phone number of the Recipient, by which the Delivery address can be specified;
the date and time of Delivery of the Goods. If the User is not the recipient of the Goods and at the moment of placing the Order the time of Delivery is unknown, the User has to indicate the Recipient's contact phone number, by which the time of Delivery can be clarified.
1.7 The User's entry of unreliable and/or incorrect data specified in clause 1.6 of this Section of the Terms is the basis for the cancellation of the Order.
1.8. Funtic has the right to block the User's ability to carry out Orders in case of repeated cancellation of Orders carried out by the User, as well as in case of violation of these Terms. The period of blocking shall be set by Funtic itself.
1.9 The confirmation of the Order is the payment made by the User. The Order is accepted for execution only after the User has fulfilled the payment obligation. Payment for the Order is made by transferring funds from the User's bank account to the bank account of Funtic, which acts on behalf of the relevant Seller/Deliverer by engaging an authorized payment acceptance operator or electronic money operator and is the recipient of the payment as the agent of the Seller/Deliverer in terms of receiving funds in payment for the Order. The User's obligation to pay shall be deemed fulfilled from the moment the funds are credited to the Funtic's current account.

1.10 The User is obliged to pay for the Goods taking into account the term of Goods delivery specified when placing the Order, taking into account the term for the interbank transfer of money, the term for the collection of the Goods, Goods delivery, the Seller's working hours, etc. In any case, the term of payment for the Order may not exceed 1 (One) business day from the moment of the Order. Failure to pay within the term specified in this clause shall be deemed a failure by the User to fulfill its counter obligation and shall result in Funtic's refusal to execute the Order. In this case, the funds shall be returned to the User within the period specified in clause 3.4 of this Section of the Terms. By agreement between the Parties, the term of performance of the Order may be changed if the User violates the payment deadline. In this case, the Order shall be subject to execution within the period agreed by the Parties.
1.11. The Contract with the Deliverer shall be deemed to have been concluded at the moment the Deliverer is identified. The Deliverer performing the Delivery of Goods shall be determined after the User has placed the Order from among the Deliverers provided for in Clause 1 of Section I of the Terms. 1 of Section I of the Conditions. The User can get information about the Deliverer performing the Order by using the functionality of the Service or by contacting the Service Support Service.
1.12. By paying for the Order the User confirms
That the information specified in clause 1.4 of this Section of the Terms and Conditions has been fully provided and is understood by the User;
consent to all material conditions of sale and delivery of Goods.
1.13. After payment for the Order, the User cannot make changes to the Order.
1.14. After the execution of the Order, the Seller provides the User with a universal transfer document within the legal deadline. The document may be signed by an employee of Funtic by the authority granted by the Vendor/Deliverer to Funtic. As the Service does not have the technical ability to identify the bank card belonging to the User's account, when paying for the Order with the corporate bank card, the reporting documents on the execution of the Order are formed in accordance with section IV of the Terms. The purchase and sale of Goods paid for by the corporate bank card is not recognized as delivery within the framework of this Section of the Terms. Such delivery shall be deemed a one-time transaction governed by Section IV of the Terms.
2. Delivery
2.1 The time and cost of Delivery of the Goods for each Order shall be determined at the time the Order is placed.
2.2 If the User did not specify the Delivery address at the time of Order placement, the Delivery address shall be specified by the User/Recipient additionally. After specifying the Delivery address, the cost of the Delivery specified at the time of the Order placement may change. The new cost of the Delivery is agreed upon with the User. If the User does not agree with the cost of the Delivery, the Order is canceled. In this case, the funds shall be returned to the User within the period specified in clause 3.4 of this Section of the Terms.
2.3 If the Goods are delivered within the terms specified in the Agreement, but the Goods are not handed over to the User/Recipient for reasons beyond the control of the Seller and/or the Deliverer, the Seller and the Deliverer shall be entitled
refuse to execute the Order with deduction of a fine from the User in the amount of the Order value, which covers all expenses related to the execution of the Order;
to re-deliver, the Goods on a new date agreed with the User, provided that the User pays the cost of Goods delivery services again.
2.4 The risks of accidental loss or accidental damage of Goods are transferred to the User/Recipient at the moment of the Goods delivery.
2.5 Upon receipt of the Goods, the User/Recipient is obliged to inspect the Goods and check their compliance with the Order.
2.6. In case of any complaints to the Goods, the User/Recipient may refuse the Goods upon their receipt or accept the Goods with the subsequent opening of a dispute by the User in the procedure stipulated in Clause 4 of these Terms and Conditions. 4 of this Section of the Terms.
2.7 At the request of the User/Recipient, the purchased jewelry and other items made of precious metals and/or precious stones may be weighed using measuring instruments that are in good working order and meet the requirements of the legislation of the Republic of Austria on ensuring the uniformity of measurements. The date, time, and place of weighing may be independently agreed by the User/Recipient with the Seller.

3. order cancellation. Cancellation of goods. Product return
3.1 The Seller has the right to refuse the Order:
if the Goods are out of stock of the Seller or if the Goods to be delivered to the User are damaged;
in case the User refuses the Order by the Conditions;
if the User/Recipient refuses to receive the Goods;
if the price of the Order is indicated/displayed incorrectly due to a technical failure/for other reasons and Funtic/Seller has failed to contact the User and/or the User does not agree with the new price of the Order, including the cost of the Delivery;
in other cases stipulated by the Terms, or in other cases when the Order cannot be fulfilled.
3.2 The User has the right to cancel the Order:
for any reason before the Order on the Service is transferred to the status "Assembled". The User may refuse only the entire Order. It is not possible to refuse to purchase any part of the Commodities included in the Order. The withdrawal of the Order shall be done through Chat or other means of communication with the Funtic Service. In case the User refuses Order via Chat, the User's phone number, indicated when registering and/or in the Order, will receive an SMS in which the User has to confirm/refute the refusal in reply. The User shall not be charged for the reply SMS;
After the Order is placed in the "Collected" status, it is impossible to cancel the Order. In this case, the User shall be governed by clause 3.3 of this Section of the Terms. 3.3 of this Section of the Terms.
3.3 Refusal of Goods by the User/Recipient:
refusal to receive Goods of proper quality is not allowed. In case the User refuses to receive Goods of proper quality, the User is charged a fine in the amount of the Order value, which covers all expenses related to the execution of the Order;
If the Recipient refuses to receive the Goods, Funtic/Seller shall contact the User to clarify further actions. If Funtic/Seller has failed to contact the User by making at least three (3) phone calls, the User is considered to have refused to receive the Goods. In this case, the User is charged a fine in the amount of the cost of the Order, which covers all expenses related to the execution of the Order.
3.4 Funds are refunded to the User within 10 (ten) days after Order cancellation/rejection of Goods of improper quality by the User/Recipient. Funds shall be returned to the details specified by the User when registering for the Service.

4. Supporting the consideration of user claims
4.1 The Seller/Deliverer shall be responsible for the execution of the contract concluded between the User and the Seller/Deliverer using the Service, as well as for compliance with other consumer rights, unless otherwise expressly provided by the current legislation of the Republic of Austria.
4.2 The Service shall provide Users with the function of information support for claims handling. This does not imply that Funtic is authorized to settle claims of Users, including those related to inadequate quality of the Goods. Funtic shall act as an arbitrator in providing such a function.
4.3 Within three (3) days from the moment of fulfilling the Order by the Seller, the User has the opportunity to settle any claim with the Seller/Deliverer through the Service. After the expiration of the said period, the User shall settle all claims directly with the Seller/Deliverer without involving Funtic, unless otherwise provided by the applicable laws of the Republic of Austria.
4.4 To file a claim through the Service, the User must:
Go to the Help Center and select the Claims section.
Fill in the necessary information and describe in detail the circumstances giving rise to the registration of the claim
Choose the desired outcome of the claim from the proposed options or specify a different outcome of the claim desired by the User;
Press the "Open a Dispute" button.
4.5 Funtic, acting as an arbitrator, has the right to request from the User information and documents necessary to make a decision on the claim. The User's failure to provide the requested information and/or documents may be the basis for making a decision on the claim in favor of the Seller/Deliverer.
4.6 The term of the initial response to a claim involving Funtic as an arbitrator is up to three (3) days, provided that the parties provide the requested information and/or documents promptly. The term for the final decision is up to ten (10) days after submission of all requested information/documents.
4.7 If any of the parties disagree with the decision of Funtic, the disagreeing party shall be entitled to resort to other means of protecting its rights provided for by the applicable laws of the Republic of Austria.
4.8 Notwithstanding the provisions of this Section, the User shall be entitled to use other means of resolving claims provided for by the applicable laws of the Republic of Austria.

5. Assurances
5.1 The User warrants and represents that:
Is a duly, registered and legally operating legal entity/individual entrepreneur;
Is a bona fide taxpayer, is tax-registered and complies with the tax law of the Republic of Austria, and is a self-employed taxpayer under the laws of the Republic of Austria;
has all necessary powers, approvals, and permissions of the User's competent management bodies (general meeting of shareholders/participants, board of directors, etc.) to enter into sale and purchase agreements (if applicable).