MARCHAA.COM
– USER AGREEMENT
1.
Definitions:
1.1
Site: Marchaa LLC and the website http://www.marchaa.com with its
affiliated domain names.
1.2
User: Person or legal
entity who is a member of Site and
who uses the services provided by Site.
1.3
Buyer: User, who negotiates,
agrees with a Seller and pays the
agreed product price and commission amount and/or who makes an offer to a Seller.
1.4
Seller: User, who negotiates,
agrees with a Buyer and commits to
travel from Country of Origin to Country of Arrival in order to
deliver/sell the agreed product to the Buyer.
1.5
Country of Origin: The country from
which Seller travels from in order
to deliver/sell a product to Buyer.
1.6
Country of Arrival: The country where Seller travels to in order to deliver/sell a product to Buyer.
2.
Terms of User Agreement:
2.1
User agrees all the terms of User Agreement stated in
this document once she/he becomes a member of Site and uses any of the services
provided by Site.
2.2
User agrees to be at least 18 (eighteen) years-old in
order to use the services provided by Site.
2.3
User accepts full responsibility for the loss that might
occur resulting from missing or wrong entry of information in the membership
form.
2.4
User accepts full responsibility for all the activities
she/he has performs after she/he logs in to Site.
2.5
User cannot post listings or send messages containing
threatening, racist and/or inappropriate expressions that may violate the laws
of
2.6
User agrees that her/his membership and activities can be
terminated by Site, if she/he proposes or acts towards continuing and/or ending
a shopping transaction by eliminating the services provided by Site.
2.7
Buyer agrees to not buy or post listings of products that
are forbidden to possess, to transport in public transportation vehicles, or to
pass through the customs by the law of the Country of Arrival. In case the Site
detects such activity, it will immediately terminate this activity. Site cannot
be responsible for accusations resulting from this kind of misbehavior of its
users.
2.8
Buyer agrees that her/his payment will be blocked in the
secure bank account of Site until the transaction successfully ends.
2.9
In cases where Seller hands the product to the Buyer in
person, Buyer agrees to press the “I received the product” button in at most 4
(four) business days. If the Buyer does not press the “I received the product”
button and Seller fills a claim on Site stating that she/he handed the product
in person, the Site will send a confirmation request screen to Buyer through
both email and Site. If Buyer fails to respond the confirmation request screen
in 15 (fifteen) business days, she/he agrees that the payment will be sent to
Seller. If Buyer responds to the confirmation request screen claiming that
she/he did not receive the product, the transaction will be cancelled and the
payment will be refunded to Buyer.
2.10
In cases where Seller ships the product to Buyer, Buyer
agrees to press the “I received the product” button in at most 4 (four)
business days after the official delivery date declared by the shipping
company. If Buyer do not press the “I received the product” button after the
official delivery date and do not press the “Wrong or defective product claim”
button in at most 4 (four) business days, she/he agrees that her/his payment
will be sent to Seller by Site.
2.11
In cases where Seller ships the product to Buyer, Buyer
agrees to open the product package when the employee of the shipment company is
present. If the product is defective or is not as described in the agreed
product description, Buyer agrees to fill a claim to the shipment company, hand
it to the shipment company employee at that very moment and press the “Wrong or
defective product claim” button in at most 4 (four) business days.
2.12
Seller reserves the right to cancel the agreed
negotiation even after Buyer has made the payment. In that case, the payment
will be refunded to Buyer. Site cannot be held responsible for the situation
defined above. Buyer agrees to not to sue Site and not to request compensation
from Site.
2.13
Buyer agrees that she/he cannot cancel the agreed
negotiation or request a refund once the payment is sent to Site. The reason is
that the process of traveling for Seller is most of the time irreversible.
2.14
Buyer can cancel the agreed negotiation if she/he did not
receive the product by the agreed date of delivery and if Seller fails to
declare through Site, that she/he actually shipped/delivered the product. In
this case, the payment will be refunded to Buyer.
2.15
Buyer agrees that she/he cannot hold Site responsible or
request compensation from Site, when she/he receives a defective or wrong
product.
2.16
Buyer agrees that she/he will pay the shipment fees for
returning the product when she/he receives a defective or wrong product.
2.17
If Buyer receives a defective or wrong product, she/he
agrees that she/he will not be refunded until Seller presses the “I accept the
return” button.
2.18
If Buyer receives a defective or wrong product and presses
the “Wrong or defective product claim” button in at most 4 (four) business days
after the official delivery date, she/he agrees that Site will block the
payment in its secure bank account until Buyer and Seller mutually reach a
transaction termination agreement.
2.19
Seller agrees to not sell or post listings of products
that are forbidden to possess, to transport in public transportation vehicles,
or to pass through the customs by the law of the Country of Origin. In case the
Site detects such activity, it will immediately terminate the activity. The
site cannot be responsible for accusations resulting from this kind of
misbehavior of its users.
2.20
Seller agrees to not sell or post listings of products
that are forbidden to possess, to transport in public transportation vehicles,
or to pass through the customs by the law of the Country of Arrival. In case
the Site detects such activity, it will immediately terminate the activity. The
site cannot be responsible for accusations resulting from this kind of misbehavior
of its users.
2.21
Seller agrees that Buyer’s payment will be blocked in the
secure bank account of the Site until the transaction successfully ends.
2.22
Seller agrees to deliver the agreed product to Buyer with
agreed terms on the product description, price, commission and the delivery
date.
2.23
Seller agrees that she/he may not receive the payment
from Site and the product may be returned to her/him by Buyer, in case the
delivered product is defective and/or not as described in the agreed
negotiation.
2.24
After successful transactions that end when Buyer presses
the “I received the product” button, Seller agrees that she/he will receive 93%
of Buyer’s payment and 7% of Buyer’s payment will be cut as Marchaa service
fee.
2.25
In cases where Seller hands the product to
the Buyer in person, it is Seller’s responsibility to make sure that Buyer
presses the “I received the product” button. Seller agrees that she/he cannot
receive any payment from Site if Buyer does not press the “I received the
product” button.
2.26
In cases where Seller ships the product to Buyer, Seller
agrees to enter the shipping tracking number and shipping company name to Site.
In cases where Seller enters wrong or missing shipping tracking number and/or
shipping company name and/or Site cannot confirm that the product is shipped
and Buyer do not press the “I received the product” button in 15 (fifteen)
business days after the agreed delivery date, Seller agrees that she/he will
not receive any payment from Site.
2.27
In cases where Seller ships the product to the Buyer and
she/he enters valid shipping tracking number and shipping company name to Site
and if Buyer do not press the “Wrong or defective product claim” button in 4
(four) business days after the official delivery date, Site will send Buyer’s
payment to Seller after cutting 7% of the payment as Marchaa service fee.
2.28
Seller reserves the right of canceling the agreed
negotiation even after Buyer has made the payment. In this case, Seller agrees
that she/he may receive a negative feedback on her/his account from Buyer
and/or Site.
2.29
Buyer and Seller reserve the right of canceling the
agreed negotiation if Buyer has not yet send the payment to Site. In case of
the cancellation of the agreed negotiation, Buyer and Seller agree that they
may receive a negative feedback on their account from their negotiation partner
and/or Site.
2.30
User accepts full responsibility in cases of the usage of
Site in a way that violates the law of
2.31
User accepts full responsibility in cases of the usage of
Site in a way that violates the law of Country of Origin. Site cannot be held
responsible for the misusage of Site by User.
2.32
User accepts full responsibility in cases of the usage of
Site in a way that violates the law of Country of Arrival. Site cannot be held
responsible for the misusage of Site by User.
2.33
User agrees to compensate all the loss that Site might
have because of User’s misusage of Site. In such cases, User agrees that Site
may use User’s funds in its secure banking account as a compensation for its
losses.
2.34
Site reserves the right to delete and change all the
information that is entered to Site by User.
2.35
Site reserves the right to read all the information that
is entered to Site by User.
2.36
Site cannot distribute the information entered by User to
third parties.
2.37
Site cannot store the credit card information of User.
2.38
Site is not responsible for acting as referee and/or
mediator in cases of dispute between Buyer and Seller.
2.39
Site reserves the right to cancel the membership and
activities of User in case User violates one or more terms of User Agreement.
2.40
Site reserves the right to change, cancel the existing
terms of this User Agreement without prior announcement. Site reserves the
right to add new terms to this User Agreement without prior announcement. It is
User’s responsibility to check and obey the current terms of the User
Agreement.