1. Scope of application
The terms and conditions apply to registering as a Seller on the Jaleema platform. Marie Zang and Daniel Schüler are the operators of the online marketplace Jaleema (hereinafter "Platform").
The following "Seller Terms" apply to the posting of Seller Offers (hereinafter "Seller") on the Jaleema online platform.
2. Conclusion of contract
Sending the online registration as a Seller is a legally binding offer to conclude a contract with Jaleema. The Seller will be informed by e-mail about the receipt of his registration request. The e-mail contains an activation link. The Seller must activate his registration by clicking on the activation link. This creates a Seller contract with Jaleema.
3. Registration, Seller account and Seller data
3.1 Anyone can register as a Seller. The prerequisite for this is the unlimited ability of a person to work. In particular, minors may not register as Sellers.
3.2 Jaleema sets up an individual and personal Seller account for the Seller in case of a successful registration. The Seller is not entitled to transfer his Seller account to a third party without the express consent of Jaleema. The Seller is not entitled to allow third parties access to his user account using his login data without the express consent of Jaleema.
3.3 To register as a Seller, the following Seller data is required:
Address (street, zip code, city, country)
Voluntary indication of the telephone number
3.4 The Seller chooses a username and an individual password. The password must be kept secret and access to the user account must be carefully secured.
3.5 The Seller is obliged to inform Jaleema immediately if there are indications that his Seller account has been misused by third parties. If the Seller does not comply with this obligation, he is liable for all activities that take place using his user account.
3.6 The Seller data must be complete and correct. If the specified data changes retrospectively, the Seller is obliged to correct the data in his user account immediately.
4. Contractual relationships with sales offers
4.1 Jaleema offers retailers the technical opportunity to publish sales offers on their online platform, to contact prospective Buyers and to conclude sales contracts via the platform. Jaleema is an online platform that exclusively distributes African products. Each person may under the conditions of § 3.1. Register as a Seller.
4.2 Any contractual relationships shall be concluded exclusively between the Seller and the prospective Buyer.
4.3 If a sales contract between Seller and Buyer come about, the contract is also exclusively between Seller and Buyer. Jaleema is not involved in the contract. In cross-border situations, e.g. Transport to a third country, as well as the customs clearance between Seller and Buyer, must be regulated independently.
5. Buyer protection through payment platform Stripe
5.1 Obligations of Jaleema:
5.1.1 Jaleema offers the Seller the possibility to conclude purchase contracts directly via the Stripe payment platform as part of the Stripe payment service. Jaleema does not become party to the purchase agreement between the Buyer and the Seller.
5.1.2 Jaleema offers the Seller to use the "Terms and Conditions" of the payment platform Stripe. The "General Conditions of Sale" allow Jaleema to protect the process of the sales contract. Stripe's proposal for the "Terms and Conditions of Sale" is constantly updated. Jaleema and Stripe inform the Seller about changes to the "General Conditions of Sale" by e-mail.
5.1.3 The Stripe payment service enables the conclusion and settlement of cross-border transactions. Jaleema points out that the "Terms and Conditions" may conflict with the law at the place of business of the trader or the Buyer. Before concluding a sales contract, the trader should ensure that, in particular, the relevant consumer protection regulations are observed in the country of residence of the Buyer.
5.2 Payment processing
The payment of the purchase contract between the Seller and the Buyer is carried out by Stripe in accordance with its "Terms and conditions". In the event of a Buyer complaint, Jaleema will, if desired, assist in communicating with the Buyer to find a mutually satisfactory solution. If the purchase contract should nevertheless be reversed without the fault of the Seller (such as faulty delivery), Stripe will reimburse the Seller for such a lump sum or sale price, the amount of which will be calculated according to the applicable price list. The prerequisite is that the Seller has proof of the returned goods.
6. Setting, publishing and deleting sales offers
6.1 The Seller may publish the agreed number of sales offers on the selected platform. The Seller can change or delete his sales offers at any time. For each sale, the dealer is charged a commission of 9.5% of the sales price.
6.2 The Seller undertakes to formulate sales offers fully and accurately. Sales offers must include the following mandatory information for publication on the platform:
Incorrect information in sales offers must be corrected immediately.
6.3 Jaleema strives for a uniform design of the platform and a comprehensive presentation of sales offers on the platform. In the description text, in particular the following information/offer pictures are inadmissible:
E-mail addresses and telephone numbers
URL to your own website, unless otherwise agreed
Reporting of stolen goods and/or accessories
Searches for goods and/or accessories
Offer images that do not relate to the sales object (e.g. pictures of the store, or the salesrooms of the provider)
In the event of a violation, Jaleema is entitled to block or delete offers for sale in whole or in part without prior notice.
6.4 Jaleema may reject the publication of individual content or a sales offer for good cause.
6.5 If there is a suspicion of an infringement, Jaleema is entitled to suspend sales offers of the Seller without notice or to wholly or partially delete them. Jaleema will give the Seller the opportunity to comment.
6.6 Jaleema does not owe a particular form of presentation or placement of the offer, unless this is expressly agreed between the parties. Jaleema reserves the right to standardize the presentation of the contents of the sales offer in the context of a uniform presentation. Jaleema is entitled to place advertising and sales offers from other providers in the context of the displayed sales offer.
6.7 Jaleema points out that the publication of sales offers and content on the platform (e.g. for security reasons) may be delayed or temporarily limited to a limited group of users.
6.8 The Seller is obliged to delete an offer to sell as soon as the offered
Goods are sold. The trader is obliged, on request from Jaleema, to inform if the offered goods have already been sold. If the Seller does not disclose the sales status on demand from Jaleema within one (1) working day, Jaleema is entitled to block the sales offer until the notification of the sales status.
6.9 Jaleema does not review the content and offers posted on the Platform prior to publication. The accuracy, accuracy, reliability, timeliness, appropriateness and/or completeness of the information and sales offers available on the Platform are the sole responsibility of the respective Sellers or private Sellers. For details see §9.
Jaleema strives for trouble-free operation of the platform. This, of course, is limited to benefits that Jaleema has an influence on. Jaleema is free to restrict, in whole or in part, access to the Platform for maintenance, capacity, and other events beyond the control of Jaleema.
7. Transaction fee, commission fee
7.1 The Seller pays for each purchase contract, which is closed or executed via the Stripe service, a transaction fee to Stripe, which is based on the fees of the Stripe terms and conditions. After the purchase agreement Jaleema receives a commission fee which amounts to 9.5% of the purchase price. This commission is automatically charged to Jaleema as part of the Stripe service and paid to the appropriate business account. A Purchase Agreement is deemed to have been brokered through the Platform when the initial contact between Seller and Buyer occurs through the Platform, the Buyer becomes aware of the Purchase via the Jaleema Platform or has provided Jaleema and/or the Platform with any other contribution to the conclusion of a Purchase Agreement.
7.2 The right to payment of the transaction fee to Stripe, as well as commission fee from the purchase price arises with the conclusion of a purchase contract.
7.3 The transaction fee is payable upon payment of the purchase price by the Buyer, at the latest however with dispatch of the commodity by the Seller (irrespective of whether at this time a payment has already been made).
7.4 In the event of a legally valid cancellation by the Buyer, the claim for payment of a commission fee expires.
7.5 The payment service through Stripe is available to the Seller in his native currency. The Seller can also use the Stripe service in additional currencies to deposit the purchase price. The Seller always receives the required sales price in the local currency. Further details are regulated by the respective terms and conditions of the payment platform Stripe.
8. General duties of the Seller
8.1 The Seller undertakes to comply with applicable law (e.g. competition and criminal law, e-commerce regulations, distance selling rights, legal information obligations) when preparing sales offers and publishing content on the platform, and does not assume any rights of third parties (e.g. Trademark, name, copyright or privacy rights). In particular, the Seller ensures that the publication of images and content on the platform does not conflict with third-party rights. In particular, the Seller is prohibited from offering items on the platform or publishing corresponding sales offers on the platform, any item whose sales offer, sale or purchase violates statutory or third-party rights.
8.2 The Seller warrants that it is in possession of the items offered and is authorized to sell the items. The Seller further assures that, as far as the sale of branded goods is concerned, it is not plagiarism.
8.3 To the extent that the parties have separately agreed that Jaleema will import Seller's merchandise from the Seller's website or other website, the Seller agrees to notify Jaleema of any changes to the website, in particular the structure of the website, which may affect the data import Inform days in advance.
8.4 The trader must refrain from any activity that is likely to affect and/or overburden the operation of the platform or the underlying technical infrastructure. These include in particular:
The use of software, scripts or databases in connection with the use of the platform;
The automatic reading out, blocking, overwriting, modifying, copying of data and/or other contents, as far as this is not necessary for the proper use of the platform;
The distribution and/or public reproduction of any content of the platform without the consent of Jaleema.
8.5 Traders may search for offers to sell on the Platform solely through the search forms offered by Jaleema. It is not permissible to search for offers using the search masks, in particular by using automated search software that accesses Jaleema's databases.
8.6 The Seller may not use, in whole, in part or in part, the data and content obtained through queries and use of the Platform or made available on the Platform
to build up your own database in any media form and/or
for commercial exploitation or disclosure of information and/or
for any other commercial use.
This does not apply, as far as it concerns data of the Seller.
8.7 The Seller may not send any promotional content via the platform without the consent of the recipient (spam messages).
8.8 Should there be any disruption to the use of the platform or its functionalities, the Seller will notify Jaleema of such disruptions without delay. The same applies if the Seller has knowledge of third parties published Sales offers or contents, which obviously infringe applicable law or rights of third parties.
9. Inspection obligations of the platform operator
Jaleema is a third-party service provider. §10 TMG is not obliged to review the contributions posted by the users prior to publication for possible violations of law (§ 7 para. 2 sentence 1 TMG). In this respect, there is a liability privilege here. However, this is excluded if the portal operator adopts user-generated content.
10. Parity with other distribution channels
The Seller shall ensure that there is parity between the terms and quality of any sales offer published on the Platform and any offer made by the Seller through other channels (in particular its own website). In particular, the Seller shall ensure that the shipping methods, costs and times, return conditions, content and scope of the offer and service information, number and quality of the image offerings, as well as the availability, accessibility and service level of the after-sales service of the Seller on the platform at least equal to or better than those the Seller holds on other distribution channels.
11. Rights of use
For the purpose of publishing sales offers and promoting the platform, the trader grants Jaleema a simple, unlimited, irrevocable and transferable right to use the uploaded or imported content. Jaleema is entitled at any time to duplicate, edit and exploit the contents. This includes in particular the right of reproduction, the distribution right and the right of communication to the public, in particular the right of public access. The Seller renounces the right to the copyright. In particular, Jaleema may use the promotional offers, including content, for advertising purposes, in whole or in part, to promote the Platform or the Platform.
Buyers can rate the trader and settlement of the purchase contract after completing a transaction. The reviews are publicly available. Buyers can also evaluate individual aspects of a Seller's performance through detailed Seller ratings. Ratings are reviewed by Jaleema only at the discretion of the Seller.
13. Term of contract, termination, blocking
13.1 The Seller Agreement is concluded for an indefinite period.
13.2 If a contract period has been agreed (for example, monthly packages), the contract can be terminated at the latest 14 days before the end of the agreed contract term (notice period). Otherwise, the contract will be extended by the agreed contract period.
13.3 The right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected. For Jaleema, there is an important reason
the right to terminate this contract without notice, especially if the Seller seriously violates his obligations under paragraphs 3.1, 3.2, 3.5, 3.6, 6.2, 6.3, 6.4, 6.9, 9 and 10 of this contract. In addition, an extraordinary reason for termination exists if the trader fails to pay the agreed offer fee despite repeated reminder by Jaleema.
13.4 Termination of the Seller will result in the Jaleema Seller's offers to be immediately deleted. This also applies if Jaleema terminates the contract extraordinarily.
14.1 Unlimited liability: Jaleema is fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence Jaleema is liable for damages resulting from injury to life, limb and health of persons.
14.2 In addition, the following limited liability shall apply: In the event of slight negligence, Jaleema shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which enables the proper performance of the contract in the first place and on which you can regularly rely (cardinal duty). The liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies in favour of vicarious agents of Jaleema.
15. Indemnity claim
15.1 The Distributor indemnifies Jaleema and its employees or agents from all claims of third parties in the event of claims for alleged or actual infringements and/or infringement of third-party rights arising in connection with the use of the Platform and/or the publication of sales offers, especially of pictures, of the Seller may be asserted by third parties.
15.2 The Seller undertakes to reimburse any costs incurred by Jaleema through the use of third parties. Reimbursable costs include the costs of proper legal action and defence that Jaleema should use to defend against third-party claims. In this case, Jaleema will inform the affected Seller immediately about legal defence measures to be taken.
16. Final provisions
16.1 Should one or more provisions of the contractual provisions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.
16.2 Ancillary agreements and contract amendments require the text form (§ 126 b BGB) to be valid.
16.3 Jaleema is entitled to transfer this Agreement, including all additional agreements with all rights and obligations, to a company of its choice. at
the transfer of this contract to another company, the Seller has a special right of termination, which must be asserted in writing within 14 days of notification by Jaleema. Jaleema will separately point out to Seller the importance of his behaviour in the communication.
16.4 Jaleema may change the terms of the contract at any time. The changes will be communicated to the Seller by e-mail or other suitable means (e.g. online). The Seller is entitled to a special right of termination in the event of a change in the terms of the contract, which must be asserted in writing within 14 days after notification. Jaleema will separately point out to Seller the importance of his behaviour in the communication.
16.5 This contract is governed exclusively by the law of the Federal Republic of Germany. The place of jurisdiction for all disputes arising from and in connection with this contract, irrespective of the legal basis, is - as far as legally permissible - Germany.
16.6 Contract language is German. In case of doubt, the German version of this agreement takes precedence.