General Terms and Conditions
By registering an account with Sellix and/or using Sellix’s Services, you agree to be bound by the General Terms and Conditions (including the Data Protection Policy). You agree to abide by all operating rules, policies and procedures posted on the Sellix website. Sellix may update this at any time. “Services” denotes the services offered and made available (partly by way of remuneration) by Sellix.
1. Account conditions
Before creating an account with Sellix, you must read and accept the General Terms and Conditions.
In order to use the Sellix Services, you must register for a Sellix account (“Account”). You must provide all information marked as mandatory in as conscientious and complete a way as possible. You are required to keep your account information up to date and to notify us immediately of any change.
You must be at least 18 years old. Minors are not permitted to use the website.
You confirm that you are acquiring the Services offered by Sellix in the exercising of your commercial or self-employed activity, and also commit to using them exclusively for the purpose of carrying out a business activity. The Services are provided exclusively to you. Use by third parties is prohibited.
If you register with Sellix on behalf of a legal entity or a third party, you assure and warrant that you are authorised to represent it.
Sellix may exclude or temporarily block you from its Services for any of the following reasons:
You are a minor;
Your legally binding legal notice (“Impressum”) is missing or incorrect;
You commit violations of these General Terms and Conditions, or any applicable laws, rules and regulations.
This list is not exhaustive. To the extent that the pertinent laws require an exclusion, Sellix shall comply with the law. In the case of minor violations, Sellix shall decide at its own discretion.
You are responsible for the safekeeping of your password. Sellix shall not be liable for any loss or damage caused by failure to ensure the security of your account and password. This does not apply if the damage is due to an intentional or grossly negligent breach of duty by Sellix or one of its legal representatives or vicarious agents.
2. Processing of personal data
Your personal data will be processed in accordance with the Sellix Data Protection Policy, which is available at https://sellix.io/privacy. If you provide Sellix with the personal data of third parties, including (but not limited to) other users of the Services, this shall be subject to Regulation (EU) No 2016/679 of 27 April 2016 (General Data Protection Regulation).
For the purposes of these General Terms and Conditions, the term “content” shall include, without limitation, information, data, text, photographs, video, audio clips, written submissions and comments, software, scripts, graphics and interactive features generated, provided or otherwise made available on or through the Services. For the purposes of this Agreement, the term “content” includes all User Content (as defined below).
User content is any content added, created, uploaded, submitted, distributed or posted by users in addition to the Sellix Services. You may only add, create, upload, submit, distribute or post content that does not violate the existing General Terms and Conditions, applicable laws, regulations or other rules. Each user is responsible for the content he or she posts. Sellix shall not be responsible for the content. However, we reserve the right to take action, including (but not limited to) blocking and deleting, upon becoming aware of content that violates the General Terms and Conditions.
You acknowledge that all content – including user content – accessed through the Sellix Services is done at your own risk and you are solely responsible for any damage or loss you and other parties may incur as a result thereof, unless the damage or loss is due to Sellix’s (or one of its legal representative’s or vicarious agent’s) intentional or grossly negligent breach of duty.
Notes and restrictions
The Services rendered by us, our partners or users may contain content that is protected by copyright, trademark, service mark, patent, trade secret or other proprietary rights and laws. You must observe and comply with all copyright notices, information and restrictions contained in the content as accessed through the Services.
Subject to these General Terms and Conditions, we shall grant each user of the Services a worldwide, non-exclusive, non-sub-licensable and non-transferable licence to use (i.e. download and locally display) said content solely for the purposes of using the Services. The use, reproduction, modification, distribution or storage of any content for any purpose other than the use of the Services is expressly prohibited without our prior written consent. You may not sell, license, rent out, otherwise utilise or exploit any content for any commercial purpose or in any manner that infringes the rights of any third party.
We do not guarantee that any content will be made available on the website or through the Services. We reserve the right to remove, edit or change any content for the reasons set out below:
In the event of serious violations of these General Terms and Conditions
(in particular, in the event of a breach of the rules of conduct), applicable
laws, rules and regulations
In the event of minor breaches of these General Terms and Conditions, applicable laws, regulations and ordinances.
4. Rules of conduct
You hereby agree not to use the Sellix Services for any purpose prohibited by these General Terms and Conditions, any applicable law, rule or regulation. You shall be responsible for all activities related to your account.
You must not (and must not permit any third party to)
take any action; or
upload, download, post, transmit or otherwise distribute or facilitate the distribution of any content, including but not limited to “User content”, on or through the Services that:
infringes any patent, trade mark, trade secret, copyright, right of publicity or other right of any other person or entity or breach any law, rule or regulation (whether domestic, foreign or international) or contractual obligation;
breach these General Terms and Conditions; knowing them to be false, misleading, untrue or inaccurate;
publish any content that is deemed to be unlawful, threatening, abusive, harassing, defamatory, misleading, deceptive, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, libellous or profane, or which contains or depicts nudity, contains or depicts sexual activity or is otherwise deemed to be inappropriate;
display unauthorised advertising or distribute unsolicited advertising or junk and mass e-mails (“spamming”),
produce any content containing software viruses or other computer code, files or programmes designed to interfere with, damage, limit or impair the proper functioning of any software, hardware or telecommunications equipment or to damage or gain unauthorised access to systems, data, passwords or other information of Sellix or third parties.
You are not permitted to:
impersonate any person or entity, including any of our employees or agents; or
use identity documents or confidential financial information of another person.
Furthermore, you are not allowed to:
take any action that (in our sole discretion) places (or could place) an unreasonable or disproportionately large load on our infrastructure (or that of our third party providers);
interfere or attempt to interfere with the proper functioning of the Services or activities carried out under said Services;
circumvent or attempt to circumvent any measures we use to prevent or restrict access to the Services (or any other accounts, computer systems or networks connected to the Services);
run any form of auto-responder or “spam” on the Services;
use manual or automated software, devices or other methods to “crawl” or “spin” pages of the website;
collect or siphon off content from the Services; or
take other forms of action that violate our guidelines and principles.
You may not (directly or indirectly):
decrypt, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying ideas or algorithms of any part of the Services (including, but not limited to, an Application), unless an applicable law expressly permits such a restriction;
modify, translate or otherwise create derivative works of any part of the Services; or
copy, rent, lease, distribute or otherwise transfer the rights you obtain under this Agreement. You must comply with all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, retain and disclose information as we deem necessary, in order to;
comply with applicable laws, regulations, legal proceedings or governmental requests;
enforce these General Terms and Conditions, including the investigation of possible breaches thereof;
detect, prevent or otherwise address fraud, security or technical issues;
respond to support requests from users; or
protect the rights, property or security of ourselves, our users and the public.
5. Third-party services
Our Services allow you to link to other websites, services or resources on the Internet. In addition, other websites, services or resources may contain links to the Services. If you access third-party resources on the Internet, you do so at your own risk. The inclusion of any such link does not imply an endorsement by us or any association between us and the operators. You hereby acknowledge and agree that we shall not be responsible or liable – be it directly or indirectly – for any damage or loss caused by (or in connection with) the use of or reliance on any such content, goods or services available on or through any such website or resource.
6. Payment and billing
Certain Services are currently (or will in future) be subject to a charge. An overview of the chargeable Services, together with a description, can be found at https://sellix.io/pricing.
The Terms of Payment to be observed within the scope of registration and use of said chargeable Services form part of these General Terms and Conditions.
We use an external payment service provider to bill for chargeable Services. Billing is done via a payment account (billing account) that is linked to your account with Sellix. When processing payments, the respective terms and conditions and data protection guidelines of the respective payment service provider apply in addition to these General Terms and Conditions. We are not responsible for any errors made by the payment service provider. By registering for and using chargeable Services, you agree to pay us, through the Payment Provider, all fees (at the then prevailing rates) for the use of chargeable Services in accordance with the applicable payment terms. You authorise us to debit your chosen payment method via the payment service provider.
The terms of your payment will depend on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. In the event that we do not receive payment from you through the payment service provider, you agree to pay all amounts due on your billing account upon demand.
For some chargeable Services (you can view these at https://sellix.io/pricing), you will either pay no fees initially or there will be a one-off fee. We will bill you a recurring amount at regular intervals (monthly, annually). By choosing a fee-based service that provides for recurring payments, you hereby agree to pay the initial amount due at the time the contract is entered into and the recurring fees as they become due.
Change of the authorised amount
If the amount to be debited from your billing account is different from the amount you have pre-authorised (other than due to the collection or change in the amount of statutory VAT), we will notify you of the amount to be debited and the date of the debit in good time before the scheduled date of the transaction. You hereby agree that we may accumulate accrued fees and submit them to your payment service provider as one or more aggregate fees during (or at the end of) each billing cycle.
Reconfirmation of authorisation
By not cancelling (or continuing) to use a chargeable Service, you hereby acknowledge that we are entitled to debit your payment method for said chargeable Service. We are entitled to claim the applicable fees from your payment service provider. You are responsible for ensuring that your account with the relevant payment service provider is sufficiently funded, in order that we can collect the fees. This does not mean that we waive our right to claim payment directly from you.
Free trials and other promotions
Free trials and other promotions that provide access to a Chargeable Service may only be used within the specified trial period. If you continue to access a chargeable Service after the expiry of this period, you thereby implicitly agree to continue using the service and to pay the fee charged for it (you can find this in the price list https://sellix.io/pricing). If you cancel the chargeable Service before the end of the trial period, you will not be charged. If you cancel before the end of the trial period and are inadvertently charged for a chargeable Service, please contact us at firstname.lastname@example.org.
7. Termination of Services
We may terminate your access to all (or part of) the Sellix Services for any of the following reasons without notice and with immediate effect:
In the event of serious breaches of these General Terms and Conditions.
(in particular, in the event of a breach of the Rules of Conduct), as well as applicable
laws, rules and regulations;
In the event of minor breaches of these General Terms and Conditions, applicable laws, regulations and ordinances.
In order to cancel your account, please follow the instructions on the website or contact Sellix Support.
To the extent that one party terminates the contractual relationship, this shall entail the following consequences:
Sellix will block your access to the data. Sellix will no longer provide its services.
Sellix will not have to reimburse you for fees lawfully charged.
If you owe Sellix fees, they shall become due immediately and in full.
Sellix will take the shop website offline.
All provisions of these General Terms and Conditions which, by their nature, survive the process of termination – including (but not limited to) ownership provisions, warranty exclusions, indemnities and limitations of liability – shall survive the termination of the business relationship.
We have no special relationship with you or fiduciary duty vis-a-vis you. You hereby acknowledge that we are not obligated to take any action in respect of the following:
Which users are granted access to the Services;
What content you access through the Services; or
How you can interpret or use the content.
The Services and content are provided “as is” and without warranty of any kind, either express or implied. We shall not assume any liability with regard to the following:
That the Services will be secure or available at a particular time or place;
That any defects or errors are corrected;
That any content or software available on (or through) the Services is free from viruses or other harmful components; or
The results of the use of said Services will meet your requirements. The use of the Services is exclusively at your own risk. Some states do not allow limitations on implied warranties, so the above limitations may not apply to you.
We do not guarantee that the Services will operate without interruption or error. In particular, the operation of said Services may be interrupted due to maintenance, updates or system or network failures, and such failures may result in errors or loss of data.
9. Disclaimer/Limitation of liability
In case of damages caused in any other way (damages not resulting from injury to life, body or health) Sellix shall be liable in case of intent and gross negligence, including that attributable to its vicarious agents, in accordance with the statutory provisions. The same shall apply in the event of damage caused negligently as resulting from injury to life, limb or health. In the event of negligently caused damage to property and pecuniary loss, Sellix and its vicarious agents shall only be liable in case of a breach of an essential contractual obligation, but limited in terms of amount to the damage foreseeable at the time of the conclusion of the contract and typical for said contract; essential contractual obligations are those, the performance of which characterises the contract and on which the customer may rely.
Sellix shall not be held liable for any damage caused by the access (e.g.: hacker attack) of a third party to your account and your content, unless the damage is due to an intentional or grossly negligent breach of duty by Sellix, one of its legal representatives or vicarious agents.
Sellix shall not be liable for any damage caused by an interruption or loss of data and information, and said interruption or loss is due to causes beyond Sellix’s control (e.g. a network failure). In addition, we hereby exclude any liability for malfunctions, inaccessibility or poor functionality of the Services due to unsuitable equipment, malfunctions related to internet service providers, saturation of the internet network or for any other reason.
You hereby agree to indemnify and hold us, our affiliates, our employees, contractors, directors, suppliers and agents harmless from any claim or demand (including reasonable legal representation fees) asserted by any third party due to your unlawful conduct or unauthorised user account content. Unlawful conduct or unauthorised account content may exist, in particular, if you violate these General Terms and Conditions (see Rules of Conduct) or the documents incorporated by reference herein, any law or the rights of any third party, respectively.
11. Applicable law and place of jurisdiction
These General Terms and Conditions shall be governed by (and construed in accordance with) the laws of the European Union, including its conflict-of-laws rules, and the laws of Germany. You hereby agree that any dispute arising out of (or in relation to) these General Terms and Conditions shall be subject to the exclusive jurisdiction and venue of the civil and federal courts of Italy.
REFERENCE TO ARBITRATION AND WAIVER OF CLASS ACTIONS:
You hereby agree that disputes between you and Sellix may be resolved by binding individual arbitration and that you waive your right to participate in any class action.
We reserve the right, at our sole discretion, to modify or replace these General Terms and Conditions or to modify, suspend or discontinue the Services at any time by posting a notice on the website, or by sending you a notice by email or other appropriate electronic means of communication. In addition thereto, we reserve the right to restrict certain features and services upon becoming aware of unlawful conduct or unlawful account content, or to restrict your access to parts or all of the Services without notice or the assumption of liability. Although we will notify you of any changes in a timely manner, it is also your responsibility to review these General Terms and Conditions periodically for any changes. Should you continue to use the Services after we have notified you of changes to the General Terms and Conditions, you shall be deemed to have accepted the changes we have made. Your use of the Services shall be subject to the General Terms and Conditions in force at the time of use. Should you refuse to grant your consent, you will not be allowed to use said Services.
Entirety of the Agreement and separability
These General Terms and Conditions (including the Data Protection Policy and, where applicable, the EU Data Processing Supplement) constitute the entirety of the Agreement between you and us vis-a-vis the Services, including use of the website, and supersede all prior (or contemporaneous) communications and proposals (whether verbal, written or electronic) between you and us in relation to said Services. Should any provision of these General Terms and Conditions be found to be unenforceable or invalid, said provision shall be limited or waived to the minimum extent necessary, in order that these General Terms and Conditions otherwise remain in full force and effect and are enforceable. Any failure of a party to exercise any right provided for herein in any respect shall not be deemed a waiver of any further rights.
We shall not be held liable for any failure to perform our obligations under this contract if said failure is deemed to be due to causes beyond our reasonable control, including (without limitation) to mechanical, electronic or communications faults or failures, and we could not have known or prevented the causes at the time of entering into the contract.
These General Terms and Conditions apply to you personally. Any assignment, transfer or the granting of a sub-licence shall only be permitted with our prior written consent. We are entitled to assign, transfer or delegate our rights and obligations without your prior consent.
These General Terms and Conditions do not create any agency, partnership, joint venture or employment relationship. Neither party shall have any authority to bind the other in any respect.
Unless otherwise specified in these General Terms and Conditions, all notices under these General Terms and Conditions shall be in writing and shall be deemed to have been duly served if delivered personally or sent by registered post with acknowledgement of receipt, if receipt has been confirmed electronically, if sent by fax or email, or on the day following dispatch if delivered the next day by a recognised overnight delivery service. Electronic messages should be sent to email@example.com.
Any failure on our part to enforce any aspect of these General Terms and Conditions shall not constitute a waiver of our right to enforce that or any other part of these General Terms and Conditions at a later date. Any waiver of compliance with these General Terms and Conditions in a particular case shall not mean that we will waive compliance with these General Terms and Conditions in the future. In order for a waiver of compliance with these General Terms and Conditions to be binding, we must notify you of such waiver in writing through one of our authorised representatives.
The section and paragraph headings in these General Terms and Conditions are for convenience purposes only, and shall not affect their interpretation.