Terms & conditions

The Marketplace Terms & Conditions 

Effective as of 01.05.2022

  

Table of contents

I GENERAL PROVISIONS

  • Definitions
  • Terms and conditions of participation in the Marketplace
  • Forbidden items
  • Commencing a Transaction
  • Course of Transaction
  • Agreement concluded as part of the Offer
  • Role of the Marketplace
  • Fees and sales commissions
  • Other obligations of Users
  • Other services
  • Privacy and confidentiality
  • Amendments to the Marketplace Terms & Conditions
  • Termination of the agreement with the Marketplace
  • Contact details and Complaints procedure
  • Governing law and disputes
  • Appendices
  • Validity
  • Language versions of the Marketplace Terms & Conditions

II TRANSACTIONS      

III FINAL PROVISIONS 

I GENERAL PROVISIONS

  • Definitions
  • Terms and conditions of participation in the Marketplace
  • Forbidden items
  • Commencing a Transaction
  • Course of Transaction
  • Agreement concluded as part of the Offer
  • Role of the Marketplace
  • Fees and sales commissions
  • Other obligations of Users
  • Other services
  • Privacy and confidentiality
  • Amendments to the Marketplace Terms & Conditions
  • Termination of the agreement with the Marketplace
  • Contact details and Complaints procedure
  • Governing law and disputes
  • Appendices
  • Validity
  • Language versions of the Marketplace Terms & Conditions

Terms & Conditions – this document.

Marketplace an online marketplace available in the supermart.al domain and operated in accordance with the Terms & Conditions. Marketplace owner is Super Mart Albania Shpk (NUIS M21525018U) with its registered office in Rruga “Andon Z. Cajupi”, Pallati Numer 3, Hyrja Nr. 2, kati 3, Tiranë, Shqipëri (hereinafter also referred to as “MP”).

Registration – the procedure of setting up an Account.

Account – a collection of resources managed by the Marketplace for the User under the unique name (login), where the User’s data and information concerning the User’s activity on the Marketplace are collected.

User – a Seller or Buyer who received access to services provided on the Marketplace pursuant to the Terms & Conditions.

Seller – a User who is a legal entity or registered entrepreneur and who is acting for purposes relating to its economic activity, trade, business, craft or profession, who takes actions to sell or who sells Goods on the Marketplace.

Buyer – is any natural or legal person who takes action to purchase or who purchases Goods on the Marketplace.

Consumer – a Buyer who is acting for purposes not related to trade, business or exercise of its profession. In the meaning of the applicable law, the non-profitable organizations are also considered as Consumers.

Goods – items, services or rights which are the subject of an Offer on the Marketplace.

Offer – a proposal to conclude a contract of sale for Goods under the terms provided for by the Seller, including the price and a description of the offered Goods, using the functionalities available on the Marketplace.

Services – the possibility for the Seller to use the Marketplace platform to sell Goods and the possibility for the Buyer to buy Goods from the MP and all other functionalities regarding those services.

Transactions - procedures for entering into and performing contracts of sale for Goods between Users on the MP.

Complaint - if in a User’s opinion, services to be provided under the Terms & Conditions are not rendered by the MP or are not rendered in accordance with the Terms & Conditions, the User may present their reservations in the manner as a Complaint. 

With these terms and conditions the Marketplace wants to ensure a transparent business relationship with the Users, but also protect the MP from malicious use.

The Seller on the MP may be a legal person having full capacity to perform acts in law. The Buyer must be at least 18 years old.

In the process of completing the registration form, the entity being registered provides the required data and upon completing the registration form, depending on the Registration method and type of data provided:

a. a message shall be sent to the e-mail address provided in the registration form, indicating the manner in which the Registration should be confirmed and other required information, if any.

b. a message shall be sent to the contact number provided in the registration form containing an activation code necessary to confirm the Registration and other required information, if any.

The entity being registered may confirm the Registration using the available Registration confirmation mechanisms. Upon the confirmation of the Registration, the registered entity and the MP enter into an agreement (Seller signs the “Marketplace Vendor Agreement”).

 

II TRANSACTIONS      

Sellers may not list Goods on the MP which violate applicable provisions of law (taking into account the provisions of any foreign law that may apply in a given case) or rights of third parties (in particular copyrights and other intellectual property rights) as well as listing of which may be considered as violating of good practice. Sellers shall not sell Goods in a given country or take any measures related to the sale in that country if that would be in contravention to the laws applicable in that country. In addition, it is forbidden to publish and present any content that violates generally accepted ethical or moral standards, in particular content that incites or promotes hatred, violence or any form of discrimination, including on the grounds of nationality, skin colour, beliefs, religion.

All of the Goods the Seller wishes to sell on the MP will be reviewed by the MP and the MP has the right to decline to list the Goods on the platform if they are forbidden as listed in Appendix No. 3 hereto. However, Seller is personally responsible to verify that Goods offered on the MP comply with the above provisions and shall be held responsible under the law and the agreement in case of violation of MP policies.

The Seller will prepare an Offer by filling in the “product information form” available in the MP. The information contained in the description of the Offer may only refer to concrete Goods being sold on the MP. Upon adding information or data to the description of an Offer, the MP will acquire the right to use this information or data in any way, any time, and at its own discretion. Whether concluding the Offer or by adding information or data in the description of an Offer, the Seller declares that they have the right to add such data or information to the description of an Offer, and to use them on the MP, and this does not violate the rights of any third parties. The Seller will be solely liable for the truthfulness of the declaration referred to in the preceding sentence and the MP is not in measure to assess their veracity consequently not liable for the Goods sold by the Seller on the MP. 

An Offer description should be accurate and complete and must not mislead other Users for its condition, parameters, quality, origin, brand or manufacturer. An Offer description should comply with applicable provisions of law, contain the information required by applicable consumer protection regulations and, in addition, may not suggest the use of the Goods in a manner violating applicable laws. The Seller shall be fully liable for the content of their Offer, also for any mistakes or inaccuracies therein.

The Seller represents that they are authorized to and capable of concluding and performing the agreement with the Buyer. 

Upon posting within the Offer (upon its publication on the MP) any content being the subject of copyright law, such as signs, logos, images, descriptions, or photos, the Seller allows the MP to use this content free of charge, non-exclusively and without time and territory constraints. 

In distance sale cases, like the MP, the Buyer does not have the possibility to check the Goods before concluding the contract, the Buyer has the right to withdraw from the contract within 14 days after receiving the Goods. For the same reason, the Buyer is allowed to test and verify the Goods purchased to the extent necessary to determine the nature, characteristics and operation of the Goods. 

The Seller acknowledges and accepts that the MP allows Buyers to return the Goods acquired on the MP by filling in the “Return Request” form on the MP platform.

 Additionally, it is required to comply with the following rules:

 

  • in case of the Buyer’s withdrawal from the agreement, if the Goods have not been sent by the Seller yet – the MP will return to the Buyer the funds paid by the Buyer for the Goods, within 2 business days from the date of the Buyer’s cancellation of the Transaction;
  • in case of the Buyer’s withdrawal from the agreement, other than referred to in paragraph a. above – the Buyer must return the Goods to the Seller with his own expense. The Seller must check the Goods that they can be sold as new (no open packaging, missing accessories or damage to the Goods etc). When the Seller has confirmed to the MP that the returned Goods are new, the MP will return the funds for the Goods to the Buyer within 7 days. The refund must be made no later than 14 days from the date of receipt of the form “Return Request” filled out by the Buyer, unless otherwise defined in these Terms & Conditions.

 

The Seller will accept the “Return Request” process for Goods in accordance with these Terms & Conditions. In cases when the MP has already made the payment for the Goods to the Seller and the Buyer wants to return the Goods, then the amount which the MP returned for the Goods to the Buyer will be deducted from the Sellers account after the Seller has confirmed the Goods to be in sellable condition.

 

If the Buyer requests the withdrawal from the contract within 14 days, he must also return any gifts that accompanied the respective product.  

In order to determine the nature, characteristics and operation of the Goods, the Buyer must handle and inspect the Goods in the same way as he would be allowed to do in a real physical store. For example: The Buyer only needs to try on an item of clothing, not wear it on various occasions.

If the Buyer exercises his right of withdrawal after using the Goods to an extent that exceeds the limit necessary to establish their nature, characteristics and mode of operation, the Buyer cannot withdraw from the purchase.

The accessories (user manuals, CDs, cables, etc.) in the Good’s box as well as its original packaging are an integral part of the Good and should be returned with the Goods. 

After accepting the terms presented by the Seller in the Offer, the Buyer, in order to purchase the Goods, shall fill in an appropriate form available on the Offer webpage and confirm their choice and payment method. Everything necessary for the transaction is described in the purchase process.

Once an Offer is posted on the MP, Buyers may ask the Seller questions regarding this Offer or the Transaction related to the Offer in the following way:

Using the relevant “Ask the Seller” form available in the Offer.

Using the “Write a message” option available in the Seller’s Account settings.

When the Buyer has selected the Goods and paid for them (except payment method “cash on delivery”), this information will automatically go from the MP to the Seller. It is now the Sellers obligation to pack the purchased Goods and put an invoice with the Goods to send to the Buyer. The courier will pick up the package and take it to the Buyer. If the Buyer chooses the option “Cash on Delivery” the courier will make a transaction to the MP after receiving the payment from the Buyer and the MP will transfer the collected payment to the Seller as agreed in their Agreement. 

The MP is not a party to any Goods sale agreements made between Users and does not ensure that the Users are authorized to enter into and perform such agreements. The MP is only an online selling platform designed to connect Buyers and Sellers. The MP can remove a User from the platform when it occurs that the User is not authorized to enter into or perform such agreements.

The Buyer shall enter into an agreement with the Seller, confirming the purchase using the “buy now” button, or a similar one.

The Buyer shall pay for the Goods. The Buyer’s failure to pay for the Goods in a timely manner will result in the MP automatically cancelling the Transaction, which has no impact on the civil-law effects of the sale contract concluded between the Users and does not release them from the obligation to render performances towards each other under the legal relation arisen. 

The MP is an online selling platform and is not nor may be construed as representative of Users. The Users are personally liable for complying with their legal obligations in relation to the agreements concluded on the MP, their obligations under these Terms and Conditions as well as their contractual obligations towards the other contracting party in an agreement concluded through the MP.

The MP shall not be held liable for Users’ conduct on the MP and for the undue performance or failure to perform Transaction-related agreements, and also for the consequences of actions performed by them or third parties which violate the provisions hereof. In particular, the MP shall not be held liable for the quality, safety, and legality of Goods sold in the MP (unless the MP is the Seller), Sellers’ capacity to sell, Buyers’ solvency, and the veracity and accuracy of data and other contents provided/submitted by Users within the Marketplace.

If an Offer violates the Terms & Conditions or any applicable laws and regulations, the MP may:

a. change the MP category indicated by the Seller, in which the Offer is posted;

b. close or delete an Offer with “buy now” option or a similar one; however, agreements concluded between Users as part of such an Offer until such closure shall remain valid;

c. refuse to post the Offer (the Seller will be contacted for making amends in the Offer).

The MP may, but is not obliged to, verify Users’ compliance with the Terms & Conditions. Such a verification may be carried out, in particular, by checking if Users observe relevant provisions of the Terms & Conditions. The verification shall be carried out, in particular, by establishing contact with a given User and recording/documenting such contact.

If any User’s actions violate the Terms & Conditions, the MP may:

a. issue a notice to the User by email;

b. warn the User by email.

Unless substantial violation of these Terms and Conditions by a User, issuing a notice and a warning to the User does not directly result in the suspension of the User’s Account or in restricting access to particular services provided within the MP, it is only to inform the User that in the event of further violation of the provisions of the Terms & Conditions, the MP may suspend the Account or restrict the User’s access to particular services provided within the MP.

In case of a repeated or material violations of the Terms & Conditions understood as:

  1. failure to pay in “cash on delivery” option;
  2. the provision by the User of incomplete or false contact details (e.g. name, company, address) in the Account settings;
  3. making the Account available by the User to third persons;
  4. taking actions to avoid the payment of fees or sales commissions invoiced by the MP;

the MP may:

c. temporarily restrict the User’s access to respective services provided on the MP, in particular, restrict the User Account’s functionality for a definite or indefinite period;

d. suspend one, more, or all of the User’s Accounts for a definite or indefinite period.

The MP shall notify the User about the suspension of the Account or restriction of access to specific services via email, indicating the reasons for the suspension or restriction of access to the Account.

Where the Seller uploads pictures to the MP, the Seller must be authorized to use the said (also profile) picture and that the use of the picture on the MP does not violate any third-party rights. The Seller shall be liable for the truthfulness of the representation of the picture, and hold the MP harmless against any liability arising in connection with the use of the (profile) picture on the MP which is unlawful or violates third-party rights.

In case of blocking the Account, the User may only access the Account and use of those functions which make it possible to pay amounts due to the MP and finalize agreements concluded before the Account was blocked. The User may not use any other services provided by the MP. The User whose Account has been blocked or its functionality restricted may neither register a new Account nor use another Account without the MP prior consent. 

Services provided on the MP platform for the Seller shall be paid services. The Seller shall be charged with Monthly Subscription Fee and Referral Fee. Such amounts shall be charged on an ongoing basis and presented for payment for consecutive settlement periods. The settlement period shall be a calendar month if not agreed otherwise.

Fees and sales commissions for services provided on the MP platform shall be paid by the Seller to the MP in the indicated bank account. If the Seller has sold Goods on the MP, the deductions are made from the amount to be transferred from the MP to the Sellers bank account indicated in their Account settings.

Any User’s actions aiming at or resulting in avoiding the payment of fees or sales commissions (if applicable) invoiced by the MP are prohibited.

The MP shall issue invoices for services provided in accordance with data provided in Account settings.

Amounts of fees for respective services, terms of collecting, billing and settling them as well as the terms of issuing and sending invoices are provided for in Appendix No. 1. 

All actions of Users on the MP should comply with the Terms & Conditions, good practice, and applicable provisions of law, including consumer protection laws. A User may not take actions contravening the MP’s Terms & Conditions, good practice, and applicable provisions of law or any actions which adversely affect the security of MP operations or are harmful to other Users.

The Seller must give their response and present exhaustive explanation to a problem within 48 hours from being alleged of any misconduct by the Buyer, with Saturdays, Sundays, and other public holidays being excluded from such response time.

When the issue concerns undelivered Goods and the time limit to deliver them has lapsed, the Seller is obliged to resolve the problem reported by the Buyer within 7 days. The following shall, in particular, be regarded as a resolution of the problem:

·         posting the package tracking number to the Buyer to show that the delivery is in progress or that the package has been delivered; or

·         refunding the amount paid to the Buyer and posting the refund confirmation.

Downloading or using materials available on the MP in any way (including data and other types of information) shall each time require the consent of the MP and shall not violate any provisions hereof and generally applicable provisions of law, and shall not violate any interests of the MP.

It is forbidden to use bots and other IT or programming tools (including but not limited to tools for data exploration, collection, or extraction), including tools which:

a. generate or may generate increased traffic on the MP, in particular, such that multiply the number of visits of the MP sites, causing an excessive burden for the IT systems,

b. are malware (including viruses) or may be used to infect the MP’s IT resources or infrastructure with malware (including viruses).

The MP ensures that Buyers receive the following information:

a. that the Seller has received funds for a payment made using payment methods available on the platform;

b. that the User may track a package containing the Goods, being delivered as part of services provided by carriers, and about its respective delivery stages;

c. about Transaction status (in progress, ready for shipping, shipped) where the Seller uses for shipment the services of carrier.

 

III FINAL PROVISIONS

The MP may provide Users with other services supporting the main activity of the MP or facilitating the use of the services of the MP by Users, including the financing, securing or advertising of Transactions, on the terms set forth in the terms and conditions of such services, as well as services involving the intermediation by the MP in the conclusion of agreements on the provision of third-party services.

The MP may provide Users with information about services and service offers of third-party suppliers (e.g. who offer financial services, including insurance services), simplifying the use of the services of the MP by Users, including the financing, securing or advertising of Transactions.

Personal data provided by Users in designated areas shall be processed by the MP pursuant to the applicable provisions of law and the privacy policy set forth in Appendix No. 2 hereto.

Users personal data may be disclosed to other Users only in the cases set forth herein for purposes related to the Transactions.

A User shall not disclose to third parties any information related to other Users received from the MP platform unless the User has obtained the prior consent of the User who is the data subject. In particular, the use of such information for commercial purposes, in particular, to promote in any form the activities of any User carried out outside the MP shall be prohibited.

The use of the information for commercial purposes to promote in any form the activities of any User carried out outside the MP shall be prohibited. In particular the following shall be prohibited:

a) making proposals to buy or sell the Goods outside the MP;

b) adding to the shipped Goods or providing in any other form any content with information about commercial activities carried out outside the MP (e.g. leaflets advertising an online store). 

The MP may amend the Terms & Conditions in the following cases:

a. amendments to legal regulations having a direct impact on the content of the Terms & Conditions;

b. imposing certain obligations by governmental authorities;

d. improving the operation of the website and the User service;

e. enhancing the protection of Users’ privacy;

f. amendments to the privacy policy;

g. preventing misuse;

h. security/safety considerations;

i. technological and functional changes;

j. changes in the scope of services provided, including the introduction of new services.

Such amendment shall become effective within the period indicated by the MP but not shorter than 15 days from the time of notifying Users about the amendments and making the amended Terms & Conditions available to them, in particular, by publishing it on the applicable website and sending it to the email address assigned to the User’s Account. Amendments to the Terms & Conditions, which apply to Sellers only, are sent to Users that sell Goods on the MP. If the User does not provide an email address, information about the amendments is sent by text message to the contact number provided during Registration.

The MP may amend the Terms & Conditions without a 15-day period, referred to above, with an immediate effect, if:

(i) it is subject to legal or regulatory obligations, under which it is obliged to amend the Terms & Conditions in such a manner that prevents it from keeping the above-mentioned 15-day notification period,

(ii) it must by way of an exception amend the Terms & Conditions to counteract unforeseen and immediate threats related to the protection of online intermediation services, Users against fraud, malware, spam, breach of data, or other cybersecurity threats.

The User who does not accept planned amendments of the MP Terms & Conditions should immediately, no later than within 15 days from notification of such amendments, notify the MP to terminate the agreement with the MP.

Upon the first logging in to the MP after an amendment has entered into force, the User shall be notified of such amendment and the possibility to accept it. 

The User may start using the Services on the date of a completed Registration (Account approved) for use of a Service and shall remain in force for an indefinite period until terminated by the MP or User as provided below. Users may at any time terminate use of any Service immediately on notice to the MP via email.

The MP may terminate Users any use of Services for convenience with 30 days’ advance notice. The MP may suspend or terminate the Users use of any Services immediately if the MP determines that:

(a) the User has materially breached the Terms & Conditions;

(b) the Users account has been, or the MP controls identify that it may be used for deceptive or fraudulent or illegal activity; or

(c) the Users use of the Services has harmed or the MP controls identify that it might harm other sellers, customers, or the MP’s legitimate interest.

The MP will promptly notify the User of any such termination or suspension via email or similar means sent to the User individually, indicating the reason. Any suspension will last until the User has provided satisfactory evidence that the User has cured its cause and implemented the necessary changes except in case of suspension based under (b) or (c) above where the MP terminates or may not reinstate in light of the initially deceptive, fraudulent or illegal activity or harm.

In this case, all Seller Offers published so far will be removed. If the agreement has been terminated by the decision of the MP, a User may not register an Account on the MP again without the prior consent of the MP.

On termination the Users will remain responsible for performing all of their obligations in connection with transactions entered into before termination, and for any liabilities that accrued before or as a result of termination. 

A User may contact the MP in relation to the services provided electronically hereunder:

a. in writing to the MP on address Rruga “Andon Z. Cajupi”, Pallati Nunmer 3, Hyrja Nr. 2, kati 3, Tiranë, Shqipëri;

b. in an electronic form (by, e.g. “start communication” or “contact us” section, both which may be accessed from the main page of the MP website).

The MP may contact the User:

a. in writing to the correspondence address provided by the User;

b. in an electronic form to the email address provided by the User;

c. by phone calling the contact number provided by the User;

d. by sending short text messages (SMS) to the contact number provided by the User;

e. other means provided by the User.

A Complaint may be submitted to the MP in an electronic form using the contacts given on the website. A Complaint should contain at least the name under which the User acts on the MP (login), the description of the problem and the proposed method of handling the Complaint.

The MP does not offer guarantee regarding Goods sold on the MP and is not responsible for the quality of the Goods or their compliance with the terms of the Offer. The Seller is responsible for the quality of the Goods and if the Goods are covered with guarantee, it can only be a guarantee offered by the Seller or the product manufacturer, not by the MP. As in some cases the MP is the Seller of the Goods, then the MP is responsible for these Goods.    

An agreement between User and the MP, relating to services provided on the MP, shall be governed by local law (Albanian law).

In the case of Users who are Consumers, the above choice of law shall not exclude the protection afforded to the Users by mandatorily applicable laws of the country in which the User has its habitual residence.

Any disputes between the MP and a User that is not a Consumer, concerning the MP, including connected with the services provided on the MP by the MP shall be resolved by Albanian courts.

A User being a Consumer may initiate out-of-court proceedings to solve a Complaint and enforce claims before the Consumer Protection Authority.

The Terms & Conditions contains the following appendices which constitute its integral part:

Appendix No 2 – The Privacy Policy

Appendix No 3 – Forbidden Items List 

If any provision hereof is held invalid by a final and absolute court judgment, the remaining ones shall stay in full force and effect unless the relevant laws provide for a different effect. 

The English language shall be the original language of the Terms & Conditions, but the Terms & Conditions are translated into every country’s language where the MP operates. The website, and all communication by the MP with Users will be in local language and translation to English. In the case of any doubts related to the translated content, they should be resolved by reference to the English language version.