GENERAL TERMS AND CONDITIONS
In this User Agreement:
This User Agreement, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively “Services”) set out the terms on which SELLMA.shop offers you access to and use of our Services. You agree to comply with all of the terms of this User Agreement when accessing or using our Services.
The entity you are contracting with is: SELLMA.shop. In this User Agreement, this entity is referred to as “SELLMA.shop,” “we,” or “us.”
- About SELLMA.shop
SELLMA.shop is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. SELLMA.shop is not a traditional auctioneer.
While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, SELLMA.shop has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
- Using SELLMA.shop
In connection with using or accessing the Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- fail to pay for items purchased by you, unless you have a valid reason as set out in an SELLMA.shop policy, for example, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller;
- distribute viruses or any other technologies that may harm SELLMA.shop or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of SELLMA.shop;
- interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to SELLMA.shop.;
- commercialize any SELLMA.shop application or any information or software associated with such application, except with the prior express permission of SELLMA.shop;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide the Services.
- Terms of payment
SELLMA.shop requires prepayment of the invoice before delivery.
SELLMA.shop issues invoices at the time of order.
Accepted payment methods
You can order at Sellma.shop by credit card: Master Card, VISA, PayPal, and E- banking
Bank account details for making payments with invoice are as follows:
Account holder: ______
All prices are given in EURO (€) and contain the legal VAT as well as any advertised discounts.
- Policy Enforcement
When a buyer issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for buyers.
Sellma.shop functions under the Kosovo National Legislation. It processes personal data only to the extent that this is necessary for business transactions or legal requirements.
In particular, Sellma.shop may divulge data to third parties as far as is necessary to fulfill the statutory obligations.
Personal data can also be used by Sellma.shop to maintain their customer relationships, for example in the context of marketing campaigns. It may cooperate with third parties.
The customer waives the publication of the necessary documents for the mail order by law.
- Listing Conditions
When listing an item, you agree that:
- You are responsible for the accuracy and content of the listing and item offered
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). SELLMA.shop can’t guarantee exact listing durations
- When you use the consumer seller listing tool to create listings, your fixed-price listings may renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing
- We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- buyer’s location, search query, browsing site, and history;
- item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
- seller’s history, including listing practices; and
- number of listings matching the buyer’s query
We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to those of other sellers.
- Purchase Conditions
When buying an item, you agree that:
- You are responsible for reading the full item listing before making a bid or commitment to buy
- You enter into a legally binding contract to purchase an item when you commit to buy an item,
- We do not transfer legal ownership
- International Buying and Selling; Translation
Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international buyers, such as estimated local currency conversion and international shipping calculation tools. Buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. If you purchase an item on an SELLMA.shop site other than SELLMA.shop, you are subject to the User Agreement of that other SELLMA.shop site with respect to that particular purchase.
You authorize us to use automated tools to translate your SELLMA.shop content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.
When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against SELLMA.shop, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. SELLMA.shop takes no responsibility and assumes no liability for any content provided by you or any third party.
We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that SELLMA.shop is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
The name “SELLMA.shop” and other SELLMA.shop marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of SELLMA.shop in Kosovo, Members of the European Union and other countries. They may not be used without the express written prior permission of SELLMA.shop.
- Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
- Legal Disputes
You and SELLMA.shop agree that any claim or dispute at law or equity that has arisen, or may arise, between you and SELLMA.shop, that relates in any way to this User Agreement, the actions of SELLMA.shop or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
- Applicable Law
You agree that, except to the extent inconsistent with or preempted by national law, Kosovo Legislation, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and SELLMA.shop, except as otherwise stated in this User Agreement.
SELLMA.shop and all its content is made available to you on an “as is” basis.
SELLMA.shop makes no warranties, representations, or conditions of any kind, express, statutory or implied as to:
- the operation and functionality of the site,
- the accuracy, integrity, completeness, quality, legality, usefulness, safety, and ip rights of any of the content, including but not limited to the accuracy of guest write-ups and hostel information, and
- the products and services associated with SELLMA.shop or its content.
SELLMA.shop further disclaims all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, that you obtain from SELLMA.shop or SELLMA.shop shall create any warranty, representation, or condition not expressly stated herein.
If a dispute arises between you and SELLMA.shop, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and SELLMA.shop agree that we will resolve any claim or controversy at law or equity that arises between us out of the Terms or SELLMA.shop services (a “Claim”). Before resorting to these alternatives, you agree to first contact us directly to seek a resolution.
The agreement and your use of SELLMA.shop are governed in all respects by the Kosovo Legislation without giving effect to any principle that may provide for the application of the law of another jurisdiction.
Any dispute, controversy or claim arising out of or in relation to the conditions set out in this terms and reference document, including the validity, invalidity, breach or termination thereof, shall be resolved by arbitration administered by the American Chamber of Commerce in Kosovo in accordance with the Rules of Arbitration of the American Chamber of Commerce in Kosovo.
You agree to indemnify and hold SELLMA.shop, its owners, affiliates, any related companies, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of SELLMA.shop, (ii) your violation of the Terms, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SELLMA.shop. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against SELLMA.shop prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and SELLMA.shop. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.SELLMA.shop at least 30 days before the effective date of the amendments and by providing notice through the SELLMA.shop Message Center and/or by email. If you do not agree to these amended terms, you may choose not to use our services.
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may amend this User Agreement at any time by posting the amended terms on www.SELLMA.shop. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days’ notice by posting the amended terms.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the SELLMA.shop Service.
- Confidential information and proprietary rights.
The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos (“Materials”) contained in this Site are protected by copyright, trademark, database right, sui generis right and other intellectual property laws under national laws and international treaties. SELLMA.shop or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Materials, software, products or services obtained from us. Other than expressly provided herein, nothing in these terms and conditions shall be construed as inferring by implication or otherwise any license or right under any copyright, trademark, database right, sui generis right or other intellectual property or proprietary interest of SELLMA.shop, its licensors or any third party. Any persons breaching any of this provision will be prosecuted.
Content contained in sponsor advertisements or information presented to you through SELLMA.shop or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on SELLMA.shop, any necessary software used in connection with SELLMA.shop, or any advertiser’s content, in whole or in part.
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; and, (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
No agency, partnership, joint venture, or employment is created as a result of the Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
If any part of these Terms is determined to be invalid or unenforceable, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
The Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
- Delivery of the orders
Pursuant to the agreement between the delivery company and Sellma.shop the distribution of the deliveries within the region of Prishtina is done within 24 hours (acceptance day by the delivery company up to 24 hours) whereas the distribution of the deliveries within Kosovo, outside Prishtina region, is done within 48 hours (acceptance day by the delivery company up to 48 hours).
Any explicitly different instructions from the customer are reserved. Sellma shop reserves the right to execute an order in partial deliveries, if any individual products are not present in the stock. Unforeseen events such as loss of production by manufacturers, disruption of traffic or overloading of delivery company may lead to delays in delivery. In such cases, delivery or acceptance obligations are suspended in scope and for the duration of the delay. Any claims for damages on the part of the customer are excluded. During sales and the holiday season delivery times can be longer than stated above.
Sellma.shop online orders are submitted to the delivery company upon the submission of the request for order by the party.
The delivery company is responsible for the conditions of the goods purchased by the party.
The buyer is responsible for the contact details of his/her own address. If the address is being typed in error and it is not able to be found by the delivery company, the money are not reimbursed.
Deliveries are delivered as the postal employee is provided for the identity of the recipient. The receiving party, the buyer of goods from Sellma.shop in this case, has to be present at the acceptance of the goods and show his officially recognized documents by the law on identification.
The client is not entitled to open the shipment without signing it and in case the payment is done in cash, the client is not entitled to open the shipment without paying to the postman and sign the acceptance sheet of the delivery.
Due to hygienic reasons Sellma Cosmetic Products cannot be returned.
- Contact and Violations.
Please contact us with any questions regarding the Terms. Please report any violations of the Terms to SELLMA.shop.
The contact can be done via the following channels: Internet via the webshop: www.sellma.shop. By mail to: [email protected] or the address Rr. Vicianum Nr. 150, Objects C1B, Premises P1. Arbëri – Dragodan, 10000, Pristina, Kosovo.