General Conditions of Use of the Favliy Marketplace
for Buyers and Sellers
Summary
- 1. Introduction
- 2. Registration and account
- 3. General conditions of sale
- 4. Returns and Refunds
- 5. Payments
- 6. Rules regarding your content
- 7. Our rights to use your content
- 8. Use of the website and mobile applications
- 9. Intellectual property (Copyright) and trademarks
- 10. Data protection
- 11. Reasonable control and audit rights
- 12. Role of Favliy as a Marketplace
- 13. Limitations and exclusions of liability
- 14. Compensation
- 15. Breach of these general conditions
- 16. Entire Agreement
- 17. Hierarchy
- 18. Modification
- 19. Divisibility
- 20. Cession
- 21. Rights of third parties
- 22. Applicable law and jurisdiction
- 23. The contact details of our company
1.Introduction
1.1. GIWS SARL (“Favliy” or “we” or “our”) operates an electronic commerce platform consisting of a website and a mobile application (hereinafter referred to as “Marketplace “), As well as an infrastructure of logistics and payment services, for the sale and purchase of various consumer products in Tunisia (” Territory “).
1.2 These General Conditions apply to buyers and sellers on the Marketplace and govern their use of the Marketplace and all associated services.
1.3 By using our Marketplace, you accept these terms and conditions in their entirety. If you do not agree with these terms and conditions or any part of these terms and conditions, then you should not use our Marketplace.
1.4 If you use our Marketplace as part of a business or any other commercial project, you:
1.4.1.confirm that you have obtained the necessary authorization to accept these general conditions;
1.4.2. You and the person, company or any other legal entity that operates this business or business project undertake to comply with these terms and conditions; and
1.4.3. Agree that the term “you” used in these terms and conditions refers to both the individual user and the person, company or legal entity concerned, unless the context indicates otherwise.
2.Registration and account
2.1 You may not register on our Marketplace if you are under 18 years of age (by using our Marketplace or accepting these terms and conditions you warrant and represent to us that you are at least 18 years of age).
2.2.You can register for an account on our Marketplace by completing and submitting the registration form available on our Marketplace.
2.3.You represent and warrant that all information provided in the registration form is complete and correct.
2.4.If you register for an account on our Marketplace, you will be asked to provide an email address / ID (username) and password, and you agree to:
2.4.1. keep your password confidential
2.4.2. Notify us immediately in writing (using our contact details provided in section 23 below), if you become aware of any disclosure of your password
2.4.3. Be responsible for any activity on our Marketplace resulting from a breach of the confidentiality of your password, and that you may be held liable for any loss resulting from such breach.
2.5.Your account must be used exclusively by you and you must not under any circumstances transfer your account to a third party. If you authorize a third party to manage your account on your behalf, this will be done at your own risk.
2.6.We may suspend or cancel your account, and / or change your account details, at any time in our sole discretion and without notice or explanation, provided that if we cancel any products or services for which you have already paid for but that you have not yet received, and provided that you have not violated these terms and conditions, we undertake to reimburse you for the amount you have paid.
2.7 You can unsubscribe and delete your account on our Marketplace at any time by contacting us using the contact details given in section 23 below.
3.1 You acknowledge and agree that:
3.1.1. Our Marketplace provides an online meeting place and transaction facilitation for sellers to list and sell their products on our Marketplace, and for buyers to purchase products offered by sellers
3.1.2.We accept and endeavor to facilitate transactions and finalization of sales on our Marketplace, on behalf of sellers, however, Favliy is not a party to the transaction between seller and buyer. Accordingly, a contract of sale is formed only between the buyer and the seller and Favliy does not assume any liability arising from this contract of sale
3.1.3. A contract for the sale and purchase of one or more products will come into force between the buyer and the seller, and accordingly you agree to buy or sell the product (s) concerned, upon confirmation purchase by the buyer through our Marketplace.
3.2 Subject to these general conditions, the seller’s commercial conditions govern the sale and purchase contract between the buyer and the seller. Notwithstanding the above, the following provisions will be incorporated into the contract of sale and purchase between buyer and seller :
3.2.1. The price of any product will be that indicated in the list and description of the product concerned
3.2.2. The price of any product must include all taxes and comply with the applicable laws in force in the Territory
3.2.3. Delivery costs, packaging costs, handling costs, administrative costs, insurance costs, other incidental costs and charges shall only be borne by the buyer if this is expressly and clearly indicated in the list and description of the products concerned
3.2.4. The products concerned must be of good quality, suitable and safe for any use specified in the description of the products and comply with all material aspects, as well as any other description of the products supplied or made available to the purchaser by seller
3.2.5. The seller warrants that he holds title to and is the sole legal owner and beneficiary of the products he sells and these products are not subject to any third party rights or restriction or prohibition, including with regard to concerns intellectual property rights and / or any criminal, insolvency or tax investigation or proceeding.
4.Returns and Refunds
4.1.Returns of products by buyers and acceptance of returned products by sellers will be handled by us in accordance with the terms set out on the “returns page” available on our Marketplace, which may change from time to time. Acceptance of returns will be at our discretion, subject to compliance with applicable laws in the Territory.
4.2. Refunds for returned products will be handled in accordance with the conditions set out on the “Refunds page” available on our Marketplace, which may change from time to time. Our refund rules will be exercised at our discretion, subject to compliance with applicable laws in the Territory. We may offer refunds, at our discretion:
4.2.1. With regard to the price of the product concerned by the reimbursement
4.2.2. Local and / or international shipping costs (as indicated on the refunds page on our Marketplace
4.2.3. By means of in-store credits, wallet refunds, vouchers, money transfer via mobile, bank transfers or any other means that we may determine from time to time other.
4.3 Returned products will be accepted and refunds will be made by Favliy, for and on behalf of the seller.
4.4. The changes made to our “returns page” or to the “refunds page” available on our Marketplace, will be effective and will apply to all purchases made from the date of publication of said modification on our site. Web.
5.Payments
5.1.You must make payments due under these terms and conditions in accordance with the Payment Information and Guidelines available on our Marketplace.
6.Rules regarding your content
6.1.In these general conditions, “your content” means:
6.1.1. All elements, works and materials (including, without limitation, text, graphics, images, audio material, video material, audiovisual material, scripts, software and files ) that you submit to us or our Marketplace for storage or publication, processing or further transmission
6.1.2. All communications on our Marketplace, including product reviews, remarks and comments.
6.2 Your content and the use of your content by us, in accordance with these terms and conditions, must be accurate, complete and genuine.
6.3 Your content should be appropriate, civil and tasteful, and conform to generally accepted standards of ethics and behavior on the Internet, and should not:
6.3.1. Be offensive, obscene, indecent, pornographic, suggestive or sexually explicit
6.3.2. Depict violence explicitly, graphically or gratuitously
6.3.3. Be blasphemous, in violation of the laws on racial or religious hatred or discrimination
6.3.4. Be deceptive, fraudulent, threatening, abusive, harassing, anti-social, hateful, discriminatory or inflammatory
6.3.5. Cause annoyance, inconvenience or unnecessary anxiety to anyone
6.3.6. Constitutes spam.
6.4.Your content must not be illegal or unlawful, infringe any person’s legal rights or be liable to give rise to legal action against any person (in each case in any)
jurisdiction and under any applicable law). Your content must not infringe or violate :
6.4.1. All copyright, moral rights, database rights, trademark rights, design rights for designs, substitution rights or any other intellectual property rights
6.4.2. Any right of confidentiality, right to privacy or right under data protection law
6.4.3. Any contractual obligation owed to any person
6.4.4. Any court order and judicial decision.
6.5 You must not use our Marketplace to link to any website or web page consisting of or containing any item or content which, if displayed on our Marketplace, would violate the provisions of these terms and conditions.
6.6 You must not submit to our Marketplace any material or content that is or has ever been the subject of threats or actual legal proceedings or any other similar complaint.
6.7 The function which allows users on our Marketplace to give their opinions and comments may be used to facilitate buyers’ ratings of the products. You must not use this feature or any other form of communication to provide inaccurate, inauthentic or false reviews and / or opinions.
6.8.You must not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on our Marketplace outside of our Marketplace or (ii) communicate with a user involved in an active or completed transaction to warn him to avoid a particular buyer, seller or item or (iii) contact another user with the intention of collecting payments.
6.9 You acknowledge that all users of our Marketplace are solely responsible for interactions with other users and you should exercise caution and good judgment in your communication with users. You should not send them any personal information, including your credit card details and any payment method.
6.10 We may periodically review your content and we reserve the right to remove any content at our discretion for any reason.
6.11 If you become aware of any illegal and unlawful item, content or activity on our Marketplace, or any item, content or activity that violates these terms and conditions, you can notify us by contacting us at the contact details set out in section 23 below.
7.Our rights to use your content
7.1 You grant us a worldwide, irrevocable, non-exclusive, royalty-free license of the rights to use, reproduce, store, adapt, publish, translate and distribute your content through our marketing channels and marketing and any other existing or future support.
7.2 You grant us the right to sub-license the rights granted under section 7.1.
7.3 You grant us the right to bring an action for infringement of the rights granted under section 7.1.
7.4 You hereby waive all of your moral rights in your content to the extent permitted by applicable law and warrant and represent that all other moral rights in your content have been waived to the fullest extent authorized by applicable law.
7.5 Without prejudice to our other rights under these terms and conditions, if you violate our content policies in any way, or if we reasonably suspect that you have violated our content policies, we may remove, cancel posting or modifying all or part of your content.
8.Use of the website and mobile applications
8.1.In this Section 8, the words “Marketplace” and “Website” shall be used interchangeably to refer to Favliy’s websites and mobile applications.
8.2 You can:
8.2.1. Viewing our website pages in a web browser
8.2.2. Download pages from our website for caching in a web browser
8.2.3. Printing pages from our website for your personal, non-commercial use, provided that such printing is not systematic or excessive
8.2.4. Stream audio and video files from our website using the media player of our website and
8.2.5. Use our Marketplace services by means of a web browser, subject to compliance with the other provisions of these terms and conditions.
8.3 Except in the cases expressly authorized by section 8.2 or the other provisions of these general conditions, you must not download
or save any material from our website on your computer.
8.4.You may only use our website for personal and business purposes to sell or buy products on our Marketplace.
8.5 Except as expressly permitted by these terms and conditions, you must not edit or modify in any way any material or content on our website.
8.6 Unless you own or control real and relevant rights to the material or content in question, you must not:
8.6.1. Republish content or material from our website (including republishing on another website)
8.6.2. Sell, rent or sublicense any content or material from our website
8.6.3. Show any material or content from our website in public
8.6.4. Exploit material or content from our website for commercial purposes or
8.6.5. Redistribute material or content from our website.
8.7 Notwithstanding section 8.6, you may transmit links to products on our website and redistribute our newsletter and promotional material in print and electronic form to any person.
8.8.We reserve the right to suspend or restrict access to our website, certain parts of our website and / or the functionality of our website. We may, for example, suspend access to the website during server maintenance or when updating the website. You must not circumvent, or attempt to circumvent, any measures restricting access to the website.
8.9 You must not:
8.9.1. Use our website in any way or take action that causes or may cause damage to the website or impairment of performance, availability, accessibility, integrity or website security
8.9.2. Use our website in an unethical, unlawful, unlawful, fraudulent or harmful manner, or in connection with an illegal, unlawful, fraudulent or harmful purpose or activity
8.9.3. Hack or otherwise alter our website
8.9.4. Probe, scan or test the vulnerability of our website without our permission
8.9.5. Bypass any authentication or security system or process on or in connection with our website
8.9.6. Use our website to copy, store, host, transmit, send, use, publish or distribute any material or content consisting of (or related to) any spyware, computer virus, Trojan horse, worm, data logger keystroke, rootkit or other malicious computer software
8.9.7. Impose an unreasonably high load on our website resources (including bandwidth, storage capacity and processing capacity)
8.9.8. Decrypt or decrypt any communication sent through or to our website without our permission
8.9.9. Carrying out systematic or automated data collection activities (including, without limitation, scratching, data mining, data mining and data collection) on or in connection with our website without our express written consent
8.9.10. Access or otherwise interact with our website using any robot, spider or other automated means, except for search engine indexing purposes
8.9.11. Use our website except through our public interfaces
8.9.12. Violate the guidelines set out in our website’s robots.txt file
8.9.13.Use data collected on our website for any direct marketing activity (including, without limitation, email marketing, SMS marketing, telemarketing and direct mail) Where
8.9.14. Do anything that interferes with the normal use of our website.
9.Intellectual property (Copyright) and trademarks
9.1 Subject to the express provisions of these general conditions:
9.1.1. We, together with our licensors, own and control all copyright and other intellectual property rights in our website and in the material and any content on our website and
9.1.2. All copyrights and other intellectual property rights in our website and the material and content on our website are reserved.
9.2 The Favliy logos and our other registered and unregistered trademarks are trademarks owned by us we do not grant any authorization
for the use of these marks, and such use may violate our rights.
9.3.The trademarks or service marks registered and unregistered by third parties on our website are the property of their respective owners and we do not endorse or are affiliated with any of the holders of such rights and, as such, we cannot grant any license to exercise such rights.
10.Data protection
10.1 Buyers agree to the processing of their personal data in accordance with the terms of the Privacy and Data Protection Policy, and Favliy Cookie Notice, accessible on our Marketplace.
10.2.Favliy will process all personal data obtained through the Marketplace and related services in accordance with the terms of our Privacy and Data Protection Policy and Cookie Notice.
10.3 Sellers are directly responsible to buyers for any misuse of their personal data and Favliy assumes no responsibility to buyers for any misuse of their personal data by sellers.
11.Reasonable control and audit rights
11.1 We have an anti-money laundering compliance program in place and we reserve the right to perform due diligence checks on all users of our Marketplace.
11.2 You agree to provide us with all information, documents and access to your business premises that we may need :
11.2.1. In order to verify your membership and the performance of your obligations under this Agreement
11.2.2. For disclosure purposes, under a valid order of a court or other government agency Where
11.2.3. To the extent required by applicable law or regulation.
12.Favliy’s role as a Marketplace
12.1 You acknowledge that:
12.1.1. We do not confirm the identity of all users of our Marketplace, we do not verify their creditworthiness or good faith, and in any case, we do not control them
12.1.2. We do not verify, we do not audit and we do not control all the information contained in the lists and descriptions of the products sold on our Marketplace
12.1.3. We are not party to any contract for the sale or purchase of products listed on the Marketplace, insofar as our role is to facilitate transactions between buyers and sellers. Therefore, we do not assume any liability arising from any such contract of sale and we are neither the agent nor the agent of the sellers and the latter are responsible for the sales of the products and the claims or any other problem arising or related to the sales contract between them and the buyers
12.1.4. We are not involved in any transaction between a buyer and seller in any way, except that we facilitate Marketplace transactions for buyers and sellers and process payments and where applicable delivery to the name of vendors
12.1.5. We are not the agents or mandataries of any buyers or sellers, and accordingly, we will not be liable to any person in relation to the offering for sale, sale or purchase of any product advertised and listed on our Marketplace furthermore, we are not responsible for the performance of any contractual obligations arising out of a contract for the sale or purchase of any product and we will have no obligation to mediate between the parties to such a contract.
12.2 We do not guarantee or represent:
12.2.1. The completeness or accuracy of the information published on our Marketplace
12.2.2. That any information, element or content published on our Marketplace is up to date
12.2.3. That our Marketplace will function without fault or error at all times Where
12.2.4. That our Marketplace or any service on our Marketplace will remain available at all times.
12.3 We reserve the right to interrupt, discontinue or modify all or part of our services available on our Marketplace, and to stop posting on our Marketplace, at any time in our sole discretion, without notice or explanation and you will not be entitled to any compensation or other payment in the event of an interruption, discontinuity, modification or alteration of services on the Marketplace, or if we cease to publish the Marketplace.
12.4 We do not guarantee any commercial results regarding the use of our Marketplace.
12.5 To the maximum extent permitted by applicable law and subject to section 13.1 below, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Marketplace and the use of our Marketplace .
13.Limitations and exclusions of liability
13.1 Nothing in these general conditions will:
13.1.1. Limit any liability in a manner not permitted by applicable law Where
13.1.2. To exclude any liability or legal right which cannot be excluded under applicable law.
13.2 The limitations and exclusions of liability set out in this section 13 and elsewhere in these terms and conditions:
13.2.1. Are subject to the provisions of section 13.1 and
13.2.2. Govern all liabilities arising from these general conditions or related to the subject matter of these general conditions, including contractual liabilities, tort liability (including negligence) and for breach of a legal obligation, except to the extent where these general conditions expressly provide otherwise.
13.3.With respect to the services offered to you free of charge, we will not be liable to you for any loss or damage of any kind.
13.4 Our aggregate liability to you in respect of any contract to provide you with services under these terms and conditions shall not exceed the total amount paid and payable to us under such contract. Each separate transaction on our Marketplace constitutes a separate contract for the purposes of this Section 13.4.
13.5 Notwithstanding section 13.4 above, we will not be liable to you for any loss or damage of any kind, including with respect to:
13.5.1. Any loss caused by an interruption or malfunction of the website
13.5.2. Any loss arising from an event or events beyond our reasonable control
13.5.3. Any business loss, including (without limitation) loss of profits or damage to profits, income, receipts from use, production, anticipated savings, business,
contracts, business opportunities or goodwill
13.5.4. Any loss or corruption of any data, database or software Where
13.5.5. Any loss or special damage, indirect or consequential.
13.6 We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity you agree not to bring a personal complaint against our officers or employees for any loss you suffer in connection with the use of our Marketplace or these terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13.7 Our Marketplace includes hyperlinks to other websites owned and operated by third parties these hyperlinks are not recommendations. We have no control over third party websites and their content, and we are not responsible for them or for any loss or damage that may arise from their use.
14.Compensation
14.1 You hereby indemnify us and agree to hold us indemnified against:
14.1.1. All losses, damages, costs, liabilities and expenses (including, without limitation, legal costs and all amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and resulting directly or indirectly from your use of our Marketplace or from any breach by you of any provision of these terms and conditions or of Favliy codes, policies or guidelines and
14.1.2. Any liability for VAT or other tax liability that we may incur in connection with any sale, supply or purchase made through our Marketplace, where such liability arises from your failure to pay, withhold, report or registration for payment of any VAT or other tax duly due in any jurisdiction.
15.Breach of these general conditions
15.1.If we authorize the creation and registration of an account on our Marketplace, it will remain open indefinitely, subject to these general conditions.
15.2 If you violate these terms and conditions or if we reasonably suspect that you have violated these terms and conditions
or any Favliy code, policy or directive in any way, we reserve the right to:
15.2.1. Temporarily suspend your access to our Marketplace
15.2.2. Definitively prohibit you from accessing our Marketplace
15.2.3. Prevent computers using your IP address from accessing our Marketplace
15.2.4. Contacting one or all of your Internet service providers and asking them to block your access to our Marketplace
15.2.5. Suspend or delete your account on our Marketplace and or
15.2.6. Take legal action against you, whether for breach of contract or otherwise.
15.3 When we suspend, prohibit or block your access to our Marketplace or part of our Marketplace:
15.3.1. You must not take any action to circumvent any such suspension, prohibition or blocking (including, without limitation, the creation and / or use of a different account).
- Entire Agreement
16.1 These general terms and conditions, and the Favliy codes, policies and guidelines available on our Marketplace (and with regard to sellers: the general terms and conditions applicable to the seller) constitute the entire agreement between you and us in this regard. which relates to your use of our Marketplace and supersede all previous agreements between you and us with respect to your use of our Marketplace.
17.Hierarchy
17.1 In the event of any conflict between these terms and conditions, Seller’s terms and conditions and Favliy codes, policies and guidelines, these terms and conditions, Seller’s terms and conditions and Favliy codes, policies and guidelines shall prevail in the order shown here.
18.Modification
18.1 We may revise these terms and conditions, the seller’s terms and conditions and Favliy codes, policies and guidelines from time to time.
18.2 The revised terms and conditions apply from the date of their posting on our Marketplace.
19.Divisibility
19.1 If any provision of these terms and conditions is held by a court or other competent authority to be illegal and / or unenforceable, the other provisions will remain in effect.
19.2 If any illegal and / or unenforceable provision of these general conditions becomes legal or enforceable if part of it is deleted, that part will be considered deleted, and the rest of the provision will continue to have effect.
20.Cession
20.1 You hereby agree that we may assign, transfer, subcontract or otherwise process our rights and / or obligations under these terms and conditions.
20.2 You may not, without our prior written consent, assign, transfer, subcontract or otherwise process your rights and / or obligations under these terms and conditions.
21.Rights of third parties
21.1 A contract concluded under these terms and conditions is for our benefit and your benefit, and is not intended to benefit a third party or be enforceable by a third party.
21.2 The exercise of the rights of the parties within the framework of a contract concluded under these general conditions is not subject to the consent of any third party.
22.Applicable law and jurisdiction
22.1 These general conditions are governed and interpreted in accordance with the law of the Territory.
22.2 Any dispute relating to these general conditions is subject to the exclusive jurisdiction of the competent courts of the Territory.
23.Our company contact details
23.1. The Favliy Marketplace is operated by :
GIWS SARL, a limited liability company, with a capital of 1,000 Dinars, holder of the unique identifier number: 1692659V, whose head office is located at: ibn khaldoun Ghannouch Gabes 6021 Tunisia.
You can contact us using our contact form available HERE
