Terms of Service

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Sellhub
Last Updated: 17th November 2024
Company Information
EMERGENTESOMBRA LDA NIPC (Tax ID): 517806843
Contact
Email: [email protected] Phone: +351 932686986 Registered Address: Rua José Gomes Ferreira 212 1.2, 4150-441, Porto, Portugal
General Terms and Conditions
We heartily welcome you to Sellhub, operated by EMERGENTESOMBRA LDA. Sellhub is an e-commerce platform that facilitates transactions between sellers and buyers. We do not directly sell products but provide a platform for sellers to list and sell their items to consumers. The subsequent "Terms of Service" and "Conditions of Use", together known as the "Agreement", will guide your interactions with our website and its functionalities.
1. Account conditions
Before creating an account with Sellhub, you must read and accept the General Terms and Conditions.
In order to use the Sellhub Services, you must register for a Sellhub account (“Account”). You must provide all information marked as mandatory in a way as conscientious and complete 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 Sellhub in the exercise 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 Sellhub on behalf of a legal entity or a third party, you assure and warrant that you are authorised to represent it.
You are responsible for the safekeeping of your password. Sellhub 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 Sellhub or one of its legal representatives or vicarious agents.
2. Processing of personal data
Your personal data will be processed in accordance with the Sellhub Data Protection Policy, which is available at https://sellhub.cx/terms. If you provide Sellhub 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).
3. Content
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).
Legal Terms
1. Governing law
These terms are governed by and shall be construed in accordance with the laws where Sellhub operates. You agree to submit to the exclusive jurisdiction of the courts where Sellhub operates.
2. User-Age & Account Registration
You need to be at least 18 years old to use our service. By using Sellhub, you confirm that you meet this requirement. Failure to meet these requirements may result in the suspension or termination of your access to our service.
3. Your Rights
You have the right to access, update, or delete your personal data in our possession. To exercise these rights or inquire about our privacy practices, please reach us on our discord server that is linked on the navbar.
4. Data Protection
We take data protection seriously and implement technical and organizational measures to safeguard your information against unauthorized access, alteration, disclosure, or destruction.
All content associated with our service, including logos, brands, and product names, is exclusively owned by sellhub and/or its licensors and is protected by copyright laws.
6. Applicable Legal Jurisdiction
The Agreement and any disputes arising from it will be governed by the laws of the jurisdiction where sellhub operates.
7. Code of Ethics
By using the Services, you agree not to engage in any activities that are prohibited by these Terms of Service. You bear full responsibility for all of your actions, as well as any actions related to your Account in relation to the Services (including, but not limited to, your communications and gathering of data from other users of the Services). You are prohibited from (and must not allow any third party to) do any of the following: (a) initiate any activity; or (b) Transmit, retrieve, publish, transmit, or otherwise disseminate any Content, including User Content, on or through the Services that: (i) Violates any intellectual property rights, including patents, trademarks, trade secrets, copyrights, rights of publicity, or any other rights of individuals or entities. It also includes any violation of laws, rules, regulations (domestic, foreign, or international), or contractual obligations. (ii) contravenes these Terms of Service; contains information that you are aware is false, deceptive, untrue, or incorrect; The content is prohibited if it is illegal, menacing, abusive, harassing, damaging to someone's reputation, deceitful, fraudulent, intrusive of someone's privacy, legally actionable, obscene, vulgar, pornographic, offensive, profane, contains or shows nudity, contains or shows sexual activity, or is otherwise deemed inappropriate by us at our sole discretion. (iv) involves the dissemination of unlicensed or unwanted advertising, junk or bulk e-mail (often known as "spamming"); The user's content must not include any software viruses or any other computer codes, files, or programs that are intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment. It must also not aim to damage or gain unauthorized access to any system, data, password, or other information belonging to us or any third party. (vi) assumes the identity of any individual or organization, including any of our staff or agents; orThere is no text provided. (vii) encompasses the identifying documents or sensitive financial information of any individual. You are prohibited from: (i) Engage in any activity that places or may place an excessive or disproportionately heavy burden on our (or our third-party providers') infrastructure, as determined solely by us; (ii) Disrupt or endeavor to disrupt the functioning of the Services or any activities carried out on the Services; (iii) Attempt to evade or bypass any security measures implemented by us to prohibit or limit access to the Services (or other accounts, computer systems, or networks linked to the Services); (iv) Utilize any type of automated response system or engage in unsolicited mass messaging on the Services; (v) Employ manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) Extract or gather any Content from the Services; or (vii) engage in any activity that goes against our standards and policies. You are prohibited from (either directly or indirectly): (i) It is prohibited to decipher, decompile, disassemble, reverse engineer, or make any attempt to extract the source code, underlying concepts, or techniques of any portion of the Services (including any application), unless such restriction is specifically prohibited by applicable laws; (ii) Alter, translate, or otherwise generate derivative works of any portion of the Services; or (iii) You are prohibited from duplicating, renting, leasing, distributing, or otherwise transferring any of the rights that you acquire through this agreement. You are required to comply with all relevant local, state, national, and international laws and regulations. We furthermore retain the authority to get, peruse, safeguard, and divulge any data that we reasonably deem essential to; (i) Comply with all relevant laws, regulations, legal procedures, or government requests, (ii) ensure compliance with these Terms of Service, including the investigation of possible breaches; (iii) Identify, prevent, or resolve instances of fraud, security breaches, or technological problems; (iv) address user support inquiries; (v) Safeguard the rights, assets, or well-being of ourselves, our users, and the general public.
8. Content
In the context of these Terms of Service, "Content" refers to various types of information, such as data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features, that are created, provided, or made available through the Services. In the context of this Agreement, "Content" encompasses all User Content as well. User Content: Sellhub disclaims any responsibility for any User Content that is added, created, uploaded, published, distributed, or posted to the Services by users, whether it is publicly posted or privately sent. You affirm that any User Content given by you is precise, comprehensive, current, and in accordance with all relevant laws, rules, and regulations. You recognize that all Content, including User Content, that you access using the Services is your own responsibility and you will be held accountable for any harm or loss to yourself or any other party that may come from it. We cannot ensure the accuracy of any content you access through our services. Notices and Restrictions: The Services may include Content that is specifically provided by us, our partners, or our users. This Content is protected by various forms of intellectual property rights, such as copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. It is required that you comply with and uphold any copyright notices, information, and limitations found in any Content that you access through the Services. The user is granted a global, non-exclusive, non-sublicensable, and non-transferable license to utilize the Services. This license allows the user to download and display Content locally solely for the purpose of utilizing the Services. Unauthorized use, reproduction, modification, distribution, or storage of any Content for purposes other than using the Services is strictly forbidden without our prior written permission. Commercial use or any violation of third party rights is strictly prohibited, including selling, licensing, renting, or exploiting any Content. Content Availability: We cannot ensure the provision of any Content on the Site or through the Services. We retain the prerogative to, but are not compelled to; (i) We reserve the right to remove, edit, or modify any Content at our own discretion, at any time, without notifying you, and for any reason. This includes situations where we receive claims or allegations from third parties or authorities regarding the Content, or if we suspect that you have violated the Terms of Service. We may also do so without any specific reason. (ii) to delete or prevent any Content from being displayed on the Services.
10. Service Termination
We reserve the right to revoke your access to the Services, either in whole or in part, at any time, for any reason, with or without prior warning. This action will take effect immediately and may lead to the loss and deletion of all data linked to your membership. If you desire to close your Account, you can accomplish this by adhering to the instructions provided on the Site or via the Services. All fees paid in this agreement are non-refundable. All provisions of these Terms of Service that are naturally meant to continue after termination will indeed continue after termination. This includes, but is not limited to, ownership provisions, warranty disclaimers, indemnity, and limits of liability.
11. Limitations
We do not have any unique or legal obligation to you as a fiduciary. You recognize that we are not obligated to take any action concerning: (i) which individuals are granted access to the Services; (ii) the specific content that you access through the Services; (iii) The ways in which you can understand or utilize the Content. You absolve us of all responsibility or legal obligation for your acquisition or non-acquisition of Content using the Services. We do not provide any guarantees or assurances on the accuracy, copyright compliance, or legality of any content found within or accessed through our services. We will not be held accountable or liable for any such material or content. The services and content are provided in their current state, without any guarantee or warranty, whether explicit or implicit, including but not limited to warranties of title, non-infringement, merchantability, and fitness for a specific purpose. Any warranties implied by the way the services are performed or by industry practices are explicitly disclaimed. We, together with our directors, employees, agents, suppliers, partners, and content providers, do not guarantee or promise that: The services cannot guarantee security or availability at any specific time or location. (II) Any defects or errors will be rectified. (III) The content or software accessible through the services is devoid of viruses or any other detrimental components. (IV) The outcomes of utilizing the services will fulfill your specifications. Using the services carries a risk that you are solely responsible for. Certain states may not permit restrictions on implied warranties, hence the aforementioned limitations may not be applicable to you. We cannot ensure that the services will operate continuously and without any errors. Specifically, the functioning of the services may experience interruptions as a result of maintenance, updates, or failures in the system or network. These failures might lead to errors or loss of data. We absolve ourselves of any responsibility for any damages resulting from interruptions or malfunctions, or from the loss of any data or information that you provide to Sellhub. In addition, we absolve ourselves of any responsibility for any malfunction, inability to access, or unfavorable usage conditions of the services caused by inadequate equipment, disruptions related to internet service providers, or satellite issues.
12. Compensation
You are obligated to protect, compensate, and absolve us, our affiliated companies, and all of our and their employees, contractors, directors, suppliers, and representatives from any legal responsibilities, claims, and costs, including reasonable legal fees, that result from or are connected to your utilization or improper utilization of the Site, the Services, Content, or any other aspect of your User Content. This also includes any violations of these Terms of Service, as well as any infringement on intellectual property or other rights of any individual or entity by you or any third party using your Account or identity in the Services. By accepting this agreement, you acknowledge that we have the authority to take full responsibility for and manage any situation that would otherwise require you to provide compensation. In such cases, you are required to support and collaborate with us in asserting any defenses that may be available.
13. Liability Limitation
We, along with our directors, employees, agents, partners, suppliers, and content providers, shall not be held liable for any damages or legal claims arising from the services provided, including but not limited to contract breaches, torts, strict liability, negligence, or any other legal or equitable theory. The company shall not be liable for any lost profits, data loss, cost of acquiring substitute goods or services, or any special, indirect, incidental, punitive, compensatory, or consequential damages of any nature (regardless of the cause). (II) For any software defects, malicious software, or harmful programs (regardless of their origin); or (III) For any direct damages exceeding the larger of the total costs paid to us for the specific Services in the last three 6 months
14. Severability
If any provision of these terms of service is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
14. Entire Agreement
These terms of service constitute the entire agreement between you and Sellhub regarding the subject matter herein and supersede all prior or contemporaneous communications, whether oral or written, between you and Sellhub with respect to such subject matter. Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.
15. Billing
All purchases made through Sellhub are one-time sales unless explicitly stated otherwise. There are no recurring charges or subscription fees associated with your purchase.
16. Duration and Conditions of Product Delivery
Sellhub’s Role in Delivery: Sellhub provides the platform where buyers and sellers can connect. Delivery responsibilities are handled solely by individual sellers, and their specific delivery terms are outlined on their respective store pages. Delivery Duration: Delivery times vary based on the seller and the shipping methods selected. Sellers are required to specify expected delivery timelines, which typically range from [Insert Example: 3-7 business days] for domestic shipments to longer periods for international deliveries. Delivery Conditions:
Accuracy of Delivery Information: Buyers are responsible for providing accurate and complete shipping information. Any delays or failures due to incorrect details are not the responsibility of Sellhub.
Shipping Confirmation: Sellers must provide buyers with a confirmation of shipment and, if applicable, tracking details.
Risk of Loss: The risk of damage or loss transfers to the buyer upon delivery of the goods by the seller.
Cancellation Policy
1. Seller Cancellations
Sellers establish their own cancellation policies. Buyers are encouraged to review these before making a purchase. The policies are monitored by Sellhub to ensure they comply with our guidelines.
2. Platform Cancellations
Sellhub reserves the right to cancel transactions under certain conditions, such as suspected fraudulent activity and violations of Sellhub’s policies.
3. Buyer Support
Buyers who wish to cancel an order must contact the seller directly or, in unresolved cases, contact Sellhub support for mediation.
Refund Policy
1. Refund Eligibility
Sellhub facilitates communication between buyers and sellers in cases of dispute over refunds or returns. Each seller on Sellhub establishes their own refund and return policies. Buyers should review these terms before completing any transaction.
2. User Behavioral Requirements
By using sellhub, you agree to obey all laws, respect third-party rights, and adhere to our policies. We expect all users to use our services legally and avoid activities that could harm us, our services, or other users.
3. Product Warranty, User Assumption of Risk and Liability Disclaimer
sellhub offers a 48-hour limited warranty during which products bought through our platform should operate as described. However, the risk associated with the use of our services lies entirely with you.
4. Amendments to the User Agreement
Sellhub reserves the right to amend this Agreement at any time. We advise that you periodically review the Agreement. Your continued use of our service after changes to the Agreement indicates your acceptance of those changes.
5. Cookies and Tracking Technologies
Our website may use cookies and similar tracking technologies to enhance your user experience. You can manage your cookie preferences through your web browser settings.
6. Information Collection and Use
We may collect various types of information from you, including but not limited to your name, email address, contact details, and payment information. We use this information for legitimate business purposes, such as order processing, customer support, and service improvements.
7. Third-Party Services
We may utilize third-party services, such as payment processors and analytics tools, to enhance our offerings. These third parties may have access to some of your personal data, but they are bound by their own privacy policies and data protection practices.
8. Service Updates and Notifications
We may send you emails to provide important updates about our services, changes to our policies, or notifications about your account activity.
You may receive emails related to your transactions on our platform, such as order confirmations, payment receipts, and other transaction-related details.
Support Policy
1. Customer Contact and Support
For any queries or concerns regarding the Agreement, please contact us at [email protected].
2. Data Retention
We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, or as required by law.
3. Data Sharing
We do not sell or share your personal data with third parties for their marketing purposes.
4. Promotional Content
Periodically, we may send you promotional emails containing information about new product releases, special offers, discounts, and other relevant content.
5. Newsletters and Announcements
We may send you newsletters and announcements to keep you informed about the latest trends, product-related news, and updates within the community.
6. Dispute Center and Alternative Resolution Center
Internal Resolution via Sellhub: Disputes between buyers and sellers should first be addressed directly. If a resolution cannot be reached, Sellhub provides mediation services to facilitate communication. Contact our Support Team at [email protected] for assistance. External Resolution: In unresolved cases, buyers and sellers may escalate the matter to an authorized Alternative Dispute Resolution (ADR) center. Portuguese users can contact the Centro de Informação de Consumo e Arbitragem do Porto (CICAP):
Website: https://www.cicap.pt/
Phone: +351 225508349
7. Right to Free Resolution
Buyers and sellers are entitled to free resolution of disputes mediated by Sellhub. This includes communication facilitation and a formal review of the case. All disputes will be addressed within 15 Days of receiving a formal complaint. No additional fees will be charged for these services.
8. Complaint Book
In compliance with Portuguese consumer protection laws, Sellhub maintains a Complaint Book. An electronic version of the complaint book is available for both customers and sellers on https://www.livroreclamacoes.pt/ as required by EU law. Physical complaints can be mailed to our registered address. Complaints unrelated to Sellhub’s operations (e.g., product quality or delivery) should be directed to the seller.
Disclaimer
1. Changes to this Policy
We reserve the right to update this Privacy Policy periodically. Any changes will be posted on this page, and the effective date will be updated accordingly.
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