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General Terms and Conditions for Users and Third Parties
§1 Imprint and General
§2 Jurisdiction
§3 Warranty and Liability
§4 Copyright and Trademarks
§5 data protection
§6 User Account
§7 Creation of offers
§8 Prohibited Offers
§9 Payment processing
§10 Communication
§11 Reviews
§12 Sales Fees and Advertising Costs
§1 Imprint and General
These General Terms and Conditions regulate the use of the German website netmall.shop owned by:
Netmall LTD
Port Said Street 1
11251 Cairo
Hereinafter referred to as "Netmall".
Certain functions on this page are only available after registering a Netmall account.
Netmall is entitled to change the terms and conditions at any time without giving a reason. In the event that Netmall changes the general terms and conditions, these will be sent to the buyer by email at least two weeks before they come into force.
If the buyer does not object within a maximum period of two weeks, this shall be deemed acceptance on his part.
Netmall is entitled to transfer all individual rights and obligations of these terms and conditions or parts thereof to third parties. Netmall will inform the buyer of this two weeks before the intended transfer.
The following are cancellation instructions and the right of cancellation for sellers in connection with advertising on the index page.
The order can be canceled no later than one week before the start of the advertisement.
Once the ad has started, the costs for the entire week are due and the seller has no right to cancel it, but to stop and delete it.
More details about advertising costs can be found under §12 Sales fees and advertising costs.
Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract was concluded.
In order for you to be able to exercise your right of withdrawal, you must send us a statement “e.g. an e-mail to widerruf@netmall.shop" about your decision to revoke this contract. You can use the attached model withdrawal form for this, which is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send us a message about exercising your right of cancellation before the cancellation period expires.
Consequences of revocation
If you revoke this contract, we will pay you immediately all payments that we have received from you and at the latest within fourteen days from the day on which we received the notification of the revocation of this contract. We will use the same payment method for this refund that you used for the original payment.
Important note on the consequences of revocation
Your right of revocation expires prematurely once the execution of your advertisement has started.
The ad will only run after you have given your express consent and confirmed that you know that you will lose your right of withdrawal once your ad has started running.
Sample cancellation form
"Please fill out this form and send it back to us if you want to withdraw from the contract."
Netmall LTD
Port Said Street 1
11251 Cairo
Email address: widerruf@netmall.shop
I hereby revoke the date of: …………………………………..
concluded contract for the purchase of advertising space for offer no. …………………
Surname: …………………………………..
Address:
…………………………………..
…………………………………..
…………………………………..
…………………………………..
Signature "if notification is sent by post"
City, Date: …………………………………..
§2 Jurisdiction
German law applies exclusively, excluding the UN sales law.
The exclusive place of jurisdiction for use by the buyer/seller is at the place of residence of the buyer/seller and at the registered office of Netmall in Berlin. The exclusive place of jurisdiction for use by merchants, legal entities under public law and special funds under public law is Berlin.
Buyers/sellers residing in the EU are protected by the laws and regulations of their country of residence.
A platform for online dispute resolution is provided by the European Commission.
This can be found at the following link:
https://ec.europa.eu/consumers/odr
Netmall is not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board under the Consumer Dispute Settlement Act.
Netmall does not participate in consumer arbitration procedures.
You can clarify your concerns in direct contact with us.
If you have any questions or problems, contact us directly via your message box.
§3 Warranty and Liability
The seller may offer and sell his products on netmall.shop provided he meets the legal requirements and is authorized to sell through Netmall.
Netmall is neither a representative of the seller nor the buyer.
The sales contract is concluded exclusively between the buyer and the seller.
Netmall is not a party to any sales contract concluded on netmall.shop.
Netmall assumes no responsibility and/or liability for the sales contracts concluded on netmall.shop.
The seller alone is responsible for his offers, their content (consisting of texts, photos, drawings, word and figurative marks), sales contracts and complaints.
In case of complaints, complaints, legal claims of any kind, the contact is only between the seller and the buyer or between the seller and third parties or their representatives.
The seller has its own privacy policy and terms of return and cancellation of the purchased product.
Netmall is not responsible for the content of the offers, the privacy policy, the terms and conditions, the conditions for the right of return and cancellation of the seller's product.
The offers and content of the buyers/sellers on netmall.shop do not represent the opinion of Netmall and are not checked for accuracy, completeness and legality.
Netmall is liable for intent and gross negligence caused only by Netmall, its representatives, executives and simple vicarious agents.
Netmall is liable for the slightly negligent breach of essential contractual obligations.
Essential contractual obligations are those whose violation completely or partially prevents the execution of the contract.
Liability only applies to claims under the Product Liability Act, but not in the event of injury to life, limb or health.
Liability is limited to the typically occurring, foreseeable damage.
Any liability of Netmall other than the above is excluded.
If the rights of other buyers or sellers or other third parties are violated by the offer or content of a buyer or seller, the buyer and/or seller alone bears the responsibility, liability, legal and court costs and validity of claims for damages.
The buyer/seller releases Netmall from all claims.
If the rights of other buyers or sellers or other third parties are violated by the offer or content of a buyer or seller, Netmall bears no responsibility, liability, attorney and court costs and validity of claims for damages.
Availability of Internet Services
Netmall does not charge for the availability of the Netmall website.
Netmall's Internet services may be temporarily disrupted or may fail altogether due to a malfunction or maintenance work.
Netmall is not liable for any damage and/or loss that may occur to the seller and buyer as a result.
Netmall reserves the right to make all or any functionality of the website available on a continuous or temporary basis, or to discontinue it altogether.
§4 Copyright and Trademarks
The content on our website is protected by copyright.
Linking the offers, photos, logos and/or pages from Netmall directly or via frames is prohibited.
The seller may use logos and trademarks of third parties on netmall.shop and only offer and sell third-party products with their prior consent.
All trademarks appearing on netmall.shop are the property of their respective owners.
In the event that Netmall is notified of a third party copyright infringement by a brand owner/manufacturer or third party, a specialized team at Netmall will take care of the matter and investigate the affected listing or seller. If the result of the investigation is against the seller, this would lead to the deletion of the seller's offer and possible termination of his account with Netmall.
The trademark owner/manufacturer or their legal representative can communicate with Netmall by registering in the Trademark Protection Program at the following link and reporting the case:
https://netmall.shop/login (tab: TMPP)
§5 Data Protection
A. Legal Basis, Purpose of Data Collection and Processing
B. What data is collected and processed?
C. Data transfer outside the EU
D. Data Storage and Deletion
E. Publication and Visibility of Personal Information on the Web
F. Privacy Standards
G. Misuse of Data by Buyer/Seller or Third Party and Consequences
H. Right of Access after Account Closure and Deletion
I. Cookies
A. Legal Basis, Purpose of Data Collection and Processing
Netmall collects and processes the data of the buyer/seller, which is entered during registration and for the purpose of ordering, on the basis of Section 6 (1) GDPR. The collection and processing of the data is necessary to enable the ordering, payment, shipping and possible communication, inquiries, reviews, complaints, credit information, collection or exercise of third-party claims processes.
B. What data is collected and processed?
Username, first and last name, home address, email, IP address, purchase history, reviews, messages in the message box.
In addition, the seller's PayPal email and bank details are collected and stored.
With every order, Netmall saves the IP address of the buyer for the assertion, exercise or defense of legal claims by other buyers/sellers or third parties in court according to §4c BDSG for ten weeks. The IP addresses are stored encrypted.
To implement the "PayPal" payment method, Netmall encrypts and stores the seller's PayPal email.
For the implementation of the "bank transfer" payment method, Netmall encrypts and stores the seller's IBAN.
C. Data transfer outside the EU
When paying via PayPal, the buyer is forwarded to the PayPal server (possibly located in the USA or third countries).
This can lead to PayPal collecting and processing the IP address and other personal data of the buyer.
D. Data Storage and Deletion
Buyer/Seller data is processed and stored for as long as the Buyer and Seller need it to complete transactions on netmall.shop.
If a buyer/seller requests closure and deletion of their account, certain personal information and order information may be retained by Netmall for a longer period of time. Data retention varies between six and ten years in the EU.
The buyer/seller is responsible for backing up their purchase history and messages on their own media.
E. Publication and Visibility of Personal Information on the Web
The username, the buyer's ratings and all the seller's details are available to the public on the Internet and can be seen by any visitor. In addition, this data is collected and published by the search engines.
F. Privacy Standards
The personal data is protected according to today's standards by firewall, encryption, access and access control to our servers.
G. Misuse of Data by Buyer/Seller or Third Party and Consequences
Visitors and buyers/sellers may not use the data they see on netmall.shop for any purpose other than the ordering process and the communication, inquiries, reviews or complaints that may result from it.
The sale, transfer and use of buyer data for advertising purposes (use of seller data for sending advertising may only take place with the prior written consent of the buyer) is prohibited.
H. Right of Access after Account Closure and Deletion
The buyer/seller has the right to know which of his data is still stored at Netmall and can, if necessary, request its deletion as long as it is not due to a legal obligation towards third parties and authorities.
If you use personal data from third parties, e.g. for a different delivery address on netmall.shop, you need the consent of the person concerned beforehand.
In this case, you are responsible for the data protection of the data subject.
The seller is obliged to process and store the personal data that he receives through contact and orders from the buyer in accordance with the provisions of the GDPR and is solely responsible for their protection.
A request for information and, if necessary, deletion of personal data should be sent to our home address:
Netmall LTD
Port Said Street 1
11251 Cairo
I.Cookies
Netmall uses essential cookies such as cookies and sessions from login, language preference, custom color, favorites and shopping cart.
The cookies remain valid in the user's browser for one year (login cookie is only valid for 90 days).
The sessions are deleted when the browser is closed.
The basket creates a basket ID, which can be called up when passed on by the buyer to the recipient. The recipient can order the offers in his basket. The basket ID does not contain any personal data.
Netmall does not use cookies or sessions for advertising purposes and does not operate any trackers.
§6 User Account
Only one login account per natural person is permitted to use the services of Netmall.
The visitor cannot shop on netmall.shop without registration, but with fewer features and benefits.
Creating a group account, such as a company, family, or club account, is not permitted.
Personal data must be entered completely and correctly.
It is not permitted to use the credentials of anyone other than the account holder.
The account holder is solely responsible for maintaining the confidentiality of their access data to the website.
If the account holder suspects or confirms that their account has been hacked, they must notify us immediately and change their password using the form provided.
There is no fundamental right to register and use the functionality of Netmall.
Only persons of legal age and full legal capacity may register.
Minors under the age of 18 are not eligible to register an account.
Netmall has the right to terminate and delete the buyer's account without notice and without reason and without right to compensation.
The buyer has the right to close their account, but Netmall will keep the purchase history for a period of 6 months from the date of termination for tax and legal reasons.
The seller is obliged to complete his data after registration and to submit the following documents to Netmall customer service by email:
- Copy of identity card or passport
- Excerpt from the commercial register or business registration
- Registration certificate (not older than one year)
- A current bill from the basic supplier (electricity, DSL)
All documents are to be submitted to Netmall as color copies in PDF format.
Before the seller's account is activated, the seller must meet all the requirements for approval by Netmall and enter their details correctly and completely in their profile, including their own terms and conditions, return policy, privacy policy.
Seller accounts with incomplete or incorrect information will be deleted after one month.
Pharmacy regulations
The sale of prescription drugs and products is prohibited on netmall.shop.
Pharmacists are allowed to offer and sell non-prescription medicines if they have permission from the authorities to ship medicines and have a license from Netmall.
The shipment of medicines only applies to Germany.
The dealer may sell over-the-counter medicines on netmall.shop if he meets the official requirements and proves this to Netmall.
Offers with medical services are prohibited.
Offers with opened and or incomplete med. Packaging is not allowed.
SSL CA Terms
Only the CA of an SSL certificate may offer and sell it on netmall.shop.
§7 Creation of Offers
The name of the offer is unique, and must not be misused for more search results by entering brands and or departments where it does not belong.
The offer must not be listed in the wrong department.
The seller may not list an offer twice at the same time.
The seller is obliged to charge realistic shipping costs that are usual for the market.
The offer of free shipping is prohibited on netmall.shop.
Charging overpriced shipping costs may result in the closure of the seller's account.
The seller may offer the options "delivery on the same day" as well as "delivery on the next day". To do this, the seller enters the deadlines in the seller box.
Netmall is not responsible for undelivered and late deliveries.
The insertion of script languages, videos, photos, graphics, fonts, calculation formulas, form elements, links and/or frames in the details of an offer is prohibited.
Offers with illegal content that violate the rights of third parties, morality or the Netmall terms and conditions are prohibited.
It is forbidden to set references to external websites and to advertise offers outside of Netmall.
Penalties for incorrect or defective offers
The offer must contain at least the most important data of the product, these are u.A. with a "USB 3.0 stick" its reading and writing speed.
If an offer is created with incorrect or incomplete data, Netmall has the right to charge the seller with penalties and is obliged to correct the incorrect or incomplete data within three working days.
The penalty fee per offer is EUR 5.95.
Netmall may remove listings if there are indications of a violation of its terms and conditions, the rights of third parties or other applicable laws.
§8 Prohibited Offers
It is not permitted to offer and/or sell the following products on netmall.shop:
weight loss products
Alcoholic beverages, wine and wine making supplies
antiques
Archaeological finds, historical artefacts, cultural heritage and funerary objects
Regulatory Documents
Offensive, racist, discriminatory and threatening products
stamps
books, newspapers, magazines, hardcovers, paperbacks, catalogues, manuals, contact information, address books, downloadable digital content
services of any kind
Digital software keys
Drugs and Drug Paraphernalia, Prescription Drugs
Entrance tickets, travel tickets, plane tickets
Fresh and frozen food, fresh drinks, energy drinks
Used clothes, shoes, cosmetics, hats and socks
dangerous goods and substances
Items with state-prohibited drawings/slogans
Opened, expired, unpasteurized and spoiled food
gift cards
Stolen Product
property
people, human body parts
Coins, banknotes, stocks and securities
Products that are under trade embargo
Products for piercing and tattoo
Products to remove copy protection
Vehicle odometer manipulation products
Product counterfeiting and replicas
dolls and stuffed animals
Firearms, knives and other weapons
Adult sexual products and services
Solarium and tanning products
slot machines and gambling
Tobacco products, e-cigarettes, shisha and accessories
Animals, wildlife products, animal feed, fur, animal trap, pet supplies (excluding horse supplies)
Uniform of military, police and security companies
video games and consoles
Virtual/Digital Currency
Lock picking tool
Quality control, blocked products, manufacturers and third parties
The seller is obliged to Netmall to check his product for functionality and completeness before selling it.
Products of inferior quality may not be offered and sold on netmall.shop.
Netmall reserves the right to delete offers of any kind without giving a reason.
Netmall has a quality control department.
Netmall may use third parties for quality control.
Netmall may request the seller to send a sample to Netmall or its representative for quality control.
Sample will be shipped round trip at seller's expense.
The seller is requested to include a delivery note for insured shipping with the shipment.
Quality control takes a maximum of two weeks. After that, the sample will be sent back to the seller.
The product will be unpacked and tested by Netmall or its representative. This can damage the product or make it unusable. In this case, the seller alone bears the costs for the damage incurred. The seller releases Netmall from all claims for damages in this regard.
If the quality of a product does not meet Netmall's requirements, this product will be blocked from sale on netmall.shop.
Example:
* If a new household appliance or multimedia device becomes defective within five years of purchase, it will be blocked in the event of repeated customer complaints.
* - Smartphones that have a layer of glass around them
- New PCs and notebooks without USB 3.0 and GBit LAN,
- New smartphones and tablets with less than 16GB Rom, 1GB RAM and 13MP camera (interpolated number of pixels is not allowed) may not be offered and sold on netmall.shop.
Notes on meat products
Only meat products from cow, sheep, goat, goose, duck, chicken, rabbit and camel may be offered and sold on netmall.shop.
The sale of pork, worms, beetles, snails, frogs, any insects and reptiles and their parts is prohibited.
The sale of food containing pork gelatine and fat is prohibited.
Remarks on export
The seller undertakes not to sell any products to countries, companies, organizations and persons that are under sanctions in Germany, the EU or the UN.
Remarks on import
If the buyer buys goods from abroad, he may incur customs duties, taxes and other fees and costs and must pay them. Netmall will not bear any duties, taxes and other fees and charges for the importation of goods by the buyer, his agent or any third party.
§9 Payment processing
For transactions through PayPal, PayPal is responsible for buyer protection if the buyer made the payment with buyer protection.
Please inform yourself about the requirements for PayPal buyer protection. To do this, visit the PayPal website.
The buyer has no buyer protection with the payment methods "hire purchase" and "bank transfer".
With the payment method "payment on account" the seller has no seller protection.
Netmall offers neither buyer protection nor seller protection.
The delivery address and the billing address must be identical. The buyer has no right to "payment on account".
The seller has the right to refuse "payment on account" without giving a reason.
§10 Communication
After the buyer makes a purchase from the seller, Netmall sends a purchase confirmation message to both the buyer's and seller's email addresses. The order also appears in the order area.
The message service in the message box is exclusively available for communication between buyer and seller.
Our customer service can be reached via our message box during the following working hours:
Mon-Thu 08:00 - 16:00, Fri 08:00 - 12:00
§11 Reviews
Buyers and sellers can leave a review after completing an order.
The review must be factual and must not contain any insults, threats or misrepresentations.
The buyer may not oblige the seller to obtain a discount or any advantage by leaving a negative rating.
Buying and selling reviews, collusion of reviews between buyers or sellers for Netmall is prohibited.
Any form of manipulating a seller's ratings on netmall.shop, e.g. by creating multiple user accounts or by purchasing different products, is prohibited.
The review may only contain data that is directly related to the purchase made.
Netmall reserves the right to delete ratings that violate laws, regulations, general customs and customs, Netmall's terms and conditions or violate the rights of third parties.
§12 Sales Fees and Advertising Costs
Netmall charges 5% on all products sold.
Shipping costs are excluded from sales charges.
The sales fees are debited once a month by direct debit from the seller's bank account. In the case of a return debit, Netmall charges the seller a fee of EUR 5 per return debit.
Advertising on the home page
The seller can list one or more offers on the index page for a monthly fee. The offer must have the status "Sale" at all times of the promotion.
The fees for an offer on the start page are 29.75 euros per week including VAT.
Offer as long as advertising space is available.
Stand 30.04.2022
Alle Preise inkl. der Mehrwertsteuer, zzgl. Versand.