Seller terms and conditions

Seller Terms and Conditions
1- Introduction
Welcome to my website. Jamalty Company for Trade and Supplies LLC is the owner and operator of the site, registered in the Arab Republic of Egypt under Commercial Registration No. 146390 and its head office is located in Giza – Egypt
Seller’s terms and conditions (“Seller Terms”) and all additional policies and terms (if applicable) on the Site set forth the terms that allow you, as a seller, to enter and use the Site, Services and Applications, for the purpose of selling directly to buyers through the Site. These Seller Terms apply in addition to all other terms (including our Terms of Use, Terms of Sale, and Privacy Policy) and any other policies and additional terms. By accessing, registering and/or continuing to use or access our Services, you agree to be bound by these Seller Terms and all other documentation with immediate effect. A reference to “you” in these Seller Terms is a reference to you as a legal person.
2- Our services
We provide services to you as a seller to enable you to offer your products to buyers registered with us on the Site. This is according to the sales model and services that we provide or that are provided by subsidiaries or other parties. Our services include: (a) storage, order processing and fulfillment (such as communicating with a buyer about their purchase, obtaining payments from a buyer and arranging delivery); (b) shipping the product from your warehouse or from your premises to the buyer; (c) collect cash and process payments; and (d) secure the call center and customer service in accordance with our Terms of Use and Terms of Sale.
We have the right to determine the content, appearance, design, functionality and all other aspects of the Website and Services (including the right to re-design, modify, remove and change the content, appearance, design, functionality and other aspects of the Website and Services and any element, aspect, part or feature thereof at any time and to another), delay or suspend listing, refuse to list, cancel listing, or require you not to list any or all Products in our sole discretion. We may, at our absolute discretion, stop any of your sales for the purpose of conducting an investigation, and we have the right to refuse to process and/or limit shipping destinations and/or stop and/or cancel any of your sales if we consider it necessary for purposes of protecting Site policy and privacy or to ensure compliance with the seller’s terms.
3- Sales models
The sales models made available to you are detailed in the Service Supplement which forms an integral part of these Seller Terms (the “Service Supplement”). The rating of each type of product must be strictly detailed according to its own selling model. In cases where the product is stored by you and delivered to the buyer by us, the order must be made within the time period pre-determined on your account.
In accordance with the Seller Performance Program, we reserve the right to suspend or ban your account for the following reasons: a) delivery delays as per the agreed schedule; b) a high level of returns; c) negative reviews from buyers; and/or d) cancel an order that has been confirmed by the Buyer. Furthermore, we reserve the right to retain the Products and transfer the ownership of the Products to us, while if you fail to pay the dues within thirty (45) days of the agreed schedule.
4- Your obligations as a seller
You are obligated to read all of the Terms and Documentation and, in particular, to take note of the eligibility conditions and account information necessary to open a Seller account and your responsibilities when using the Site, including your responsibilities with respect to products prohibited by these Terms of Use.
In addition to your obligations contained in all of the terms, conditions and policies of the site, and unless otherwise agreed by us, you must comply with the following terms:
a- Delivery of the product in accordance with the conditions of packaging and other instructions that we notify you in writing and in advance,
b- Packaging and transporting products safely in a manner that minimizes the risk of product damage,
c- Obtaining all documents, permits and approvals necessary for the delivery of the product,
d- Arranging the collection of products from our warehouse that are subject to a request for return, exchange or rejection by us at the stage of checking the quality of the products,
e- Providing a twelve (12) month guarantee for some purchased products for malfunctions that may occur after purchase. These guarantees apply in cases where there are defects in materials, design and workmanship. Your obligations are limited to repairing the defective product or replacing the defective part, or at our discretion, replacing the product or making a refund according to the market price of the product itself. For more details about warranties, please review the Terms of Sale.
F- Continuing to bear responsibility for after-sales services, warranties, maintenance operations and defects
g- Comply with our instructions regarding your products or the use of our services, including with regard to deleting listings of displayed products that infringe intellectual property rights of others and arranging delivery or collection of returns or other similar matters.
h- Provide us with your personal and business data, and any additional information requested by us. All registration data or requested information provided to us must be accurate and correct;
i- You acknowledge that you are responsible for paying all relevant taxes to the General Tax Authority.

• You acknowledge that it is our priority to ensure an enjoyable and smooth experience for buyers through the Site, and that we perform services for buyers to enhance their shopping with regard to delivery, returns, exchanges and product warranty under the Terms of Sale. You therefore agree to provide the necessary assistance to enable us to fulfill our obligations to buyers under the Terms of Sale and also agree to: (a) accept the returned Product in the event the Buyer is entitled to return the Product under the Terms of Sale, and (b) replace or return any Product returned by the Buyer under the Terms of Sale. Terms of Sale and ensuring that return or exchange is made within a reasonable time to enable us to fulfill our obligations under the Terms of Sale, and (c) take all necessary actions to refund the Buyer to ensure that we meet our refund obligations under the Terms of Sale.
  You agree that you will receive products that are returned to you due to a cancellation of the order by the customer, or due to the failure of the product in the quality check process, such products will be returned to you within seven (7) business days. Products marked as undeliverable, and products returned at the customer’s request, will be returned to you within twenty one (21) business days, or as mutually agreed. In no event will you have the right to refuse the products to be returned, however, you may raise a dispute within seven (7) days of receiving the returned products.
  You acknowledge that you may be subject to a fine of up to 100% of the product price, in the event that an order is refused by you for any of the following reasons, but not limited to:

  (a) The product has run out of stock in your possession even though it appears in an available condition in your seller account, or if it appears on the site in an available condition and you do not have it in stock, or,
  (b) An incorrect price for the product has been set by you in the seller’s account.

  Additionally, you agree to:

  a- We may, for any operational or other reasons, purchase the product from you and resell it to the buyer, and this will be at our sole discretion. In such event, your obligations under this clause 4 will survive, including, without limitation; Warranty Policy, Return Policy and Payment Terms will continue to apply to the buyer who placed the order from the site as if the sale was direct to that buyer,

  b- Our right to refuse the product upon receipt from you in the following cases: (i) if the product is damaged, (ii) the product does not meet our packaging, quality or other conditions, (iii) the necessary documentation is not available, or (iv) a) product inconsistency with these Seller Terms or any other applicable laws,

  C- In cases where we store your products, we have the right to destroy any of your products or dispose of them at our discretion if you do not arrange to collect them in the event of our refusal or return them from the buyer, within a maximum period of (15) days from the date you receive the rejection notice or return,

  D- You retain ownership of all products until the buyer receives and pays for them and we will not be responsible for the ownership of the products at any stage of our provision of our services (except in cases where Jomlaty pays the full cost of the product through a fine, the entire ownership of the product transfers to Joomla).

  e- We will provide invoices and credit notes on your behalf, in order to facilitate transactions between you and the buyer. These invoices and credit notes will be sent to you in electronic format.

  f- The primary relationship of invoices will be between you and the buyer, therefore, you will not issue any invoices to us for the products unless otherwise agreed between the two parties, you can only issue the packing list or delivery receipt to us.

5- Fees and payments

5-1 You can find the schedule of fees for our services in the following link https://sa.jomlty.com/attribution-site-jomlty/EN, and these fees are subject to modification in the future. The fee schedule in force on the date of concluding the relevant product sale transaction is effective.
5.2 We may or one of our affiliates or third parties involved in providing the Services charge you a fee in connection with: (a) listing products, (b) a percentage of the sale transaction, (c) use of our delivery, warehousing and logistics services, ( d) payment processing, chargeback or other related charges; (e) customs duties or other taxes that we may incur when we provide services to you; (f) costs that we may incur if you breach any of the Terms of Sale; or our privacy, and (g) other charges notified in advance.
5.3 You will be able to validate sales reports through your account, and the report will include the amount successfully charged for selling your Products less applicable fees (“Selling Fees”).
5.4 The proceeds of the sale will be deposited weekly into your bank account. Or by transferring to the nearest Egyptian post office to you. In no event shall we be liable for any incorrect bank account data provided by you, and the consequences thereof.
5.5 In order to authorize payments to be made on your behalf, we may need to create an account for you with our other payment processing companies, including accepting their terms and conditions and providing your details on your behalf. You hereby authorize us to do so and we will not be liable to you for any damage or loss you may incur as a result of it.
5-6 You agree that we can offer discounts on your products. In this case, we will add the discount on the invoice submitted by you to the buyer, and we will repay this discount by adjusting our commission.
5.7 Notwithstanding any provision to the contrary in these Seller Terms and without prejudice to our other rights and remedies, you acknowledge our right to:
(a) withhold all and any sums due in your favor for all losses or damages suffered by us or any seller, as we may determine unilaterally, as a result of, but not limited to:
(i) Products that infringe the intellectual property rights of others; (ii) fraudulent conduct by you; And the
(b) Upon suspending or closing your account or terminating your use of our Services, we shall have the right to set-off between amounts paid to you under an amount we determine and sufficient to cover chargebacks, refunds, adjustments, or other payments made to purchasers in connection with Relates to your sales positions for a period of up to three (3) months. At the end of the three (3) month period following suspension or termination, we will reimburse you for any unused refunds, refunds, modifications, or other payments made to purchasers or seek compensation from you through any of the following means; For any additional amount required to offset chargebacks, refunds, modifications, or other payments made to Buyers, as applicable:
(i) by deducting payments owed to you in the future;
(ii) cancel any balances owed to your account;
(iii) charging your credit card; or
(4) Seek compensation from you by any other lawful means.
You authorize us to use any or all of the foregoing means to obtain compensation, including debiting your credit card or bank account.
5.8 You agree to indemnify and hold us, including to indemnify and hold us, our parent company, its affiliates, subsidiaries, directors, officers, agents, employees, suppliers, subcontractors and licensors of our company or our parent company, subsidiaries and affiliates from and against any losses, damages and expenses (including selling fees and fees attorneys) that may arise out of or relate to any claims or demands made by any third party caused by or arising out of: a) your breach of this clause 5a; or b) your violation of any applicable laws or regulations.

6- Intellectual property

6- You grant us a non-exclusive, royalty-free, sub-licensable, transferable, transferable, perpetual, worldwide license to use your trademarks and other intellectual property rights that you may provide to us in order for us to provide the Services to end users. Furthermore, the Joomlaty name, trademark or logo may not be used in any advertisements, promotions or information without the prior written consent of Joomlaty or permission to use it.

7- Warranties, representations and undertakings

7.1 You warrant, represent and warrant that:
(a) you have full authority to agree to these Seller Terms and that you will comply fully and at all times with all applicable laws, regulations and statutes, including but not limited to:
(i) anti-bribery, anti-corruption, export control, and sanctions laws;
(2) consumer protection laws;
(iii) import regulations, including with respect to type approvals; And the
(iv) Customs duties and other applicable direct and indirect taxes;
(b) you obtain all necessary licenses, permissions, permits, proprietary rights, consents and licenses in the products you list or that are listed on your behalf, to sell or promote such products in the Arab Republic of Egypt;
(c) Your listed products comply with the quality and safety standards required in the Arab Republic of Egypt;
(d) that all Products are new (not refurbished or used) and free from defects;
(e) You are solely responsible for any legal obligations arising from the purchase and use of your merchandise listed on the Site by users of the Site or any other third party;
(f) you own or have the power to grant the licenses granted to us by you under the Seller Terms; and that any content you provide as part of your use of the Services and any products you list do not infringe the rights of third parties anywhere in the world including, without limitation, any intellectual property rights (whether registered or unregistered).
(g) You must correctly and accurately include the product dimensions on the Website. If the dimensions are not correct, you will be responsible for any additional shipping costs that may be incurred.
7.2 The Services are provided to you on an “as is” basis without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or affiliated, including without limitation, all conditions, representations or warranties of merchantability, fitness for a particular purpose or general purpose, or non-infringement OR COMPATIBILITY OR THAT THE SERVICES ARE SECURE, ERROR-FREE, OR WILL OPERATE UNINTERRUPTED, PROPERLY OR TIMELY OR NOT AT ALL.
7.3 In addition, although we try to be as accurate as possible, we do not guarantee that product descriptions or other content of any Service is accurate, complete, reliable, current or error-free. Additionally, it is your responsibility to review the contents of your listings for accuracy, and not to attempt to hold our catalog/content providers responsible for inaccuracies.

8- Combating imitation or counterfeiting

• It is strictly prohibited to include or sell any counterfeit or counterfeit products on the site. Every product sold on the site must be original and authentic. Prohibited counterfeit products include: counterfeit products, fraudulent products or pirated copies of products or content, or counterfeit products that have been illegally copied, reproduced or manufactured;
  It is your entire responsibility to ensure that all products listed on the Site for sale by you are original and not counterfeit, and do not infringe the intellectual property rights of any third party;
  We reserve the right to verify and ensure that all products sold on the Site are genuine and not counterfeit, and in the event that it appears, at our sole discretion, that a product is counterfeit or not 100% original, we will take the following actions:
  You will be responsible for paying compensation of no less than twenty thousand Egyptian pounds, in addition to paying any fine or fees imposed by any governmental authority or agency,
  Any payments owed by us to you will be held until the counterfeiting case is heard and resolved,
  We may impose a fine as compensation from you to us, which will be determined and determined at our discretion, for all direct and indirect losses that the counterfeit product causes to us when sold on the Site, including compensation for loss of reputation;
  In addition, in the event that compensation and fines imposed on you are not paid in full, we will impose a temporary ban on you, which will be canceled only when the conditions are met,
  Despite the conditions described above, we reserve the right to take the necessary legal measures against you, and to report cases of counterfeiting and counterfeit products to the relevant authorities and government agencies to take the necessary action.

9- Responsibility

• 9-1 Nothing in the Seller Terms shall limit or exempt any party’s liability:
  (a) for fraud, including fraud, committed by such party;
  (b) for death or personal injury caused by that party’s negligence; or
  (c) for any other liability that may not be limited or waived under applicable policies.
  9.2 Subject to the provisions of Clause 1.7, in no event shall we, our parent company, subsidiaries or affiliates, as well as our directors, officers, agents, employees, suppliers, subcontractors or licensors have any liability whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in connection with Seller’s Terms, for loss of profits, loss of data or information, business interruption or other financial loss or for any special, indirect, consequential or incidental damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.
  9.3 In addition, to the extent permitted by applicable policies, we (including our parent company, its affiliates and subsidiaries, and their directors, officers, agents, employees, suppliers, subcontractors or licensors) are not obligated, and you represent not hold us (including our parent company, its affiliates, subsidiaries, subsidiaries, directors, officers, agents, employees, suppliers, subcontractors or licensors) any liability for any damages or losses arising directly or indirectly from:
  Content or other information that you provide when you use the Services,
  your use of or inability to use our Services, and/or a delay or interruption of our Services;
  pricing, shipping, coordination or other guidance and information we have provided or used for product listings;
  any defects or damages in the product occurred prior to our acknowledgment of receipt of your product,
  malfunctions, errors or inaccuracies of any kind in our Services, viruses or other malicious software obtained by accessing or connecting to our Services;
  damage to your computer as a result of the use of our site,
  the content or actions or inactions of third parties who use our Services;
  any comment or other actions we take in connection with your use of the Services,
  how long or how your listings appear in search results,
  Your need to modify practices, content or behavior, or your loss or inability to conduct business as a result of changes to the Seller’s Terms.
  9-4 Subject to clause 9-1, if clauses 2-9 or 3-9 are determined to be unenforceable for any reason, our aggregate obligations are limited to that of our parent company, its subsidiaries, subsidiaries, directors, officers, agents or employees, suppliers, subcontractors or licensors of us, our parent company, its affiliates and subsidiaries; To you, whether arising from an action or claim in contract, negligence, breach of duties of the Site Policies, or otherwise arising out of or in connection with the Seller’s Terms – at the minimum value of:
  The price of the product sold on our website and the original shipping costs,
  The value of the disputed fees, provided that their value does not exceed the total value of the fees paid to us during the twelve (12) month period preceding the action giving rise to liability, or;
  One thousand five hundred Egyptian pounds (1500 Egyptian pounds).
  9.5 You agree to indemnify and hold us, including our parent company, its affiliates, subsidiaries, directors, officers, agents, employees, suppliers, subcontractors or licensors, from and against any losses, damages and expenses (including applicable fees and attorneys’ fees) (“Claims”) arising out of or related to:
  we refuse to receive your product from you under the seller’s terms,
  any claims or demands made by third parties (including buyers who use our Site) due to or as a result of your use of the Services,
  your breach of any provision of the Seller Terms including but not limited to any warranties, representations and representations;
  your violation of any applicable policy or provision of laws including, but not limited to, data protection and anti-spam laws as well as anti-bribery, anti-corruption, export control and sanctions laws;
  your listed products, including with respect to defects in the products and losses incurred by third parties arising from the use of your products,
  the manner in which you use our Services, including without limitation, the content of any data, products or brands you list infringing on the intellectual property rights of third parties or that the content of your listings is defamatory, libelous, defamatory or otherwise infringing ( (including privacy rights) of third parties (including other users of the Site).

10- Suspension and termination of your account

10.1 Without prejudice to any of our rights and remedies and without any liability to you, we may limit, suspend or withdraw your right to access our Services and/or delete existing Content provided by or on your behalf if we consider, in our absolute discretion: (a) you have breached the Seller Terms in any way, (b) we have refused to receive the Product from you under the Seller Terms, (c) you have not properly cooperated with any investigation by us or any private or governmental entity, (d) you have not Committed to achieving the agreed performance indicators; or if continuing to provide the Services to you would expose us or other Site users to regulatory action or other imminent risk. Upon termination of your account, your seller account history will be terminated.

Any termination of these Seller Terms (howsoever caused) shall not: (a) affect any rights or obligations owed by either party; or (c) require a court order.

11- Secrecy

• For the purposes of these Seller Terms, the term “Confidential Information” includes material and private, confidential, non-public or proprietary information that has been or may be disclosed to you, either directly or indirectly, or that you have obtained or become aware of, whether orally, in writing or graphically. or in electronic or other form pursuant to, or as a result of, agreement to the Seller’s Terms.
  You must maintain the confidentiality of confidential information that we may provide to you or that you receive as a result of your use of the Services and you may not disclose, disclose, use, make available or copy any such confidential information without our written consent to do so. You may disclose confidential information to employees, agents, or subcontractors only when they need to know. This confidential information is excluded from the obligation of confidentiality:
  known or made known to you, whether directly or indirectly, from a third party source that is not subject to any obligation of confidentiality to us,
  which has become publicly known or otherwise ceased to be a secret, proprietary or confidential except for data disclosed in breach of these Seller Terms,
  which are independently developed by you,
  which are required to be disclosed by any governmental entity or through the Website provided that you give us adequate prior written notice sufficient to permit us to challenge such disclosure.

12- General matters

The provisions set forth in the Terms of Use relating to the terms of: applicable laws or policies, dispute resolution, third party rights, relationship of parties, other assurances, waiver, entire agreement, amendments, severability, force majeure, non-discharge, communication and continued enforceability, are deemed An integral part of these Seller Terms and any reference to the Terms of Use in these Terms shall be construed as a reference to the Seller Terms.