Terms & Conditions page

Terms & Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 13 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 13 years of age.

This Agreement applies to all visitors, users, buyers, sellers and others who access the Service.

Skeelfully Marketplace property

Item addes by author are their property (see Author property). All other website content is property of Skeelfully Marketplace.

Unless otherwise stated, Skeelfully Marketplace own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

Author property

Authors have property on item they submit and sale on Skeelfully Marketplace. We cannot take responsibility for the quality, safety or legality of these items.

We do not warrant that the items or any member content available on or via the Skeelfully Marketplace do not infringe the intellectual property rights of a third party.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Skeelfully's express written consent.

You must not use this website to transmit or send unsolicited commercial communications without Skeelfully's express written consent.

You must not use this website for any purposes related to marketing without Skeelfully's express written consent.

Restricted access

Access to certain areas of this website is restricted. Skeelfully Marketplace reserves the right to restrict access to other areas of this website, or indeed this entire website, at Skeelfully's discretion.

If Skeelfully Marketplace provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Skeelfully Marketplace may disable your user ID and password in Skeelfully's sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Skeelfully Marketplace a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Skeelfully Marketplace the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Skeelfully Marketplace or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

User undertakes to not disclose their contact details (telephone number, address, email, etc.) or sensible information (password, card number, etc) in the Advertisements, the related questions and answers, or in the name, or description of their items.

User shall refrain from publishing photographs with inappropriate content (nudity, violence, etc.)

Skeelfully Marketplace reserves the right to edit or remove any material submitted to this website, or stored on Skeelfully's servers, or hosted or published upon this website.

Notwithstanding Skeelfully's rights under these terms and conditions in relation to user content, Skeelfully Marketplace does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Items posted for sale

The Seller agrees to ensure that any Item posted for sale corresponds to an actual Item available at once, and that he owns outright and is entitled to sell. Item's title and description must match it's actual feature and must not mislead the purchaser.

The Seller agrees to post for sale only Items that are free of fault or operating problem.

The price of the Item may not be less than €5 an not above €50.

Promotional program

Skeelfully Marketplace create program to increase sales. Seller can opt in to any current promotional program. If the Seller does opt in to this program, they allow Skeelfully to reduce the price of their Item it its discretion, as part of its various promotional activities.

Concluding a sale / Placing an order

  1. When the Buyer places his order, he makes an irrevocable Offer to buy the Items

    The Buyer will be held to this Purchase Offer until the Acceptance time frame granted to the Seller, as defined in the following Article, expires.

  2. Skeelfully notifies the Seller of the Buyer’s Purchase Offer by email

    The Seller agrees to confirm or cancel his Sale Offer within 96 hours after receiving the email from Skeelfully informing him that the Item he posted for Sale on the Site has a Buyer.

    The Seller may accept this Purchase Offer through his account page on the Site. The Acceptance is firm and irrevocable. Once the Seller communicated his Acceptance, the sale is concluded and deemed perfect.

    Should the Seller not respond within a 72-hour time frame, the Purchase Offer lapses, and the sale contract is not be concluded. The Buyer’s order is then canceled, and the Buyer’s credit card and/or Wallet are not charged.

    If PayPal is used to pay, the amount is charged immediately. Should the order be cancelled, the PayPal account will be credited for the amount charged. The credited amount will appear on the PayPal account within 48 hours.

Payment with PayPal

To make a payment using PayPal, the Buyer must have a PayPal account. He is then subject to PayPal’s Terms & Conditions.

PayPal is a payment service provider specialized in transferring electronic payments between a Buyer and a third party. PayPal guarantees the confidentiality of the Buyer’s bank account information.

When choosing to use PayPal, the Buyer is automatically redirected to his PayPal account. Once the payment procedure is completed, the Buyer may complete his order on Skeelfully.com

Purchase Vouchers

The Buyer may pay for part or all of the order using a Purchase Voucher.

Vouchers can be used exclusively on the Site, for any Item(s) on the Site.

The Voucher's recipient will receive a code that should be entered when placing the order.

Vouchers are valid for 1 months as of the date when the recipient received the Voucher. They may be used in a single order.

Should the total amount for the order be lower than the value of the Voucher, the scale will be lost.

Should the total amount for the order be higher than the value of the Voucher, the Buyer may pay the scale with Paypal account or Skeelfully credit account.

If the order is canceled due to the non-availability of an Item, or if the Item is returned under the Money Back Guarantee, the Voucher's recipient will receive a new code to enter when placing a subsequent order. The Voucher's expiry date will not be postponed.

Vouchers cannot be credited to a bank account or a credit card.

Receiving the Item

The Buyer is invited to confirm that the Item was indeed delivered and that he found it satisfactory, within 72 hours after the Item was delivered (including weekends and public holidays). If Buyer is not satisfied he is invited to inform Seller by button “I do not validate” and send him a message to request corrections or modifications.

Should the Buyer not expressly use “Validate” or “Not validate” button, the Transaction will be deemed finalized 72 hours after the Item was delivered, based on the provisions laid out in this Article.

Profile Page

Once registered on the Site, the Seller gets a Profile Page. The user name used at the time of his registration will be used automatically for the Profile Page.

If the User entered information on the My Personal Information page, this information will appear on the Profile Page; this includes the User’s introduction, last connection date, type of Seller (professional or non professional), zip code, city, country. The User’s picture and personal description will also appear.

The Profile Page also include information about the Item that he sold, feedback from other Users etc.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Skeelfully Marketplace makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Skeelfully Marketplace does not warrant that:

  • This website will be constantly available, or available at all; or
  • The information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any computer matter you should consult an appropriate professional.

Limitations of liability

Skeelfully Marketplace will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • To the extent that the website is provided free-of-charge, for any direct loss;
  • For any indirect, special or consequential loss; or
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Skeelfully Marketplace has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Skeelfully's liability in respect of any:

  • Death or personal injury caused by Skeelfully's negligence;
  • Fraud or fraudulent misrepresentation on the part of Skeelfully Marketplace; or
  • Matter which it would be illegal or unlawful for Skeelfully Marketplace to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Skeelfully Marketplace has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Skeelfully's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Skeelfully's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Skeelfully Marketplace.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Skeelfully Marketplace and undertake to keep Skeelfully Marketplace indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Skeelfully Marketplace to a third party in settlement of a claim or dispute on the advice of Skeelfully's legal advisers) incurred or suffered by Skeelfully Marketplace arising out of any breach by you of any provision of these terms and conditions.

Fees, Taxes and Paid Services

Refunds

If you want to report a problem on any transaction and request a refund, please use "Report Problem" link on your order page. Skeelfully's Help team will process your request and if the item is faulty or not as described the money for the requested transaction is refunded back to you, in part or whole

Buyer may request a refund of any purchase befor validating it's delivery and transaction finalization.

Reasons why a purchase may be refunded

Requested refund are approved by Skeelfully's Team. Our goal is to satisfy buyers and provide sellers a reliable platform. Skeelfully reserves the right to reverse a sale, including but not limited to the following:

  • Buyer cancel transaction before seller acceptance of the order.
  • Buyer ans seller agree to cancel a transaction
  • If the buyer provides a valid reason for requesting a refund within the time frame permitted in the applicable Vendor Return Policy.
  • If the customer provides a valid report that the charge was fraudulent or unauthorized;
  • For any other reason Skeelfully deems appropriate.

Abuse

Buyer requesting serial or repeated returns may be blocked from making further purchases using the Skeelfully services.

Fees and Taxes

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred.

You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site.

All fees are inclusive of FR VAT where applicable. In certain circumstances fees will not be subject to FR VAT but you may be liable to indirect taxes in your own country. Skeelfully Marketplace recommends that you research whether you are liable to declare such taxes to the relevant tax authorities. A valid VAT identification number is required from EU sellers who are VAT-registered. EU sellers are liable to notify Skeelfully Marketplace of any change in VAT status.

You are responsible for paying all other fees and taxes associated with your use of Envato Skeelfully Marketplace wherever levied (including withholding tax, if applicable). We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).

Payment of the Seller

The Seller allows Skeelfully to receive, in his name and on his behalf, the Transaction Price via the securized electronic payment system on the Site or by any other means set up by Skeelfully at a later date.

As consideration for the use of the Site, the seller allows Skeelfully, as a result of the Buyer's payment of the Transaction Price, to take a Commission on the total Transaction Price, based on the stipulations in Commission clause hereafter.

The Commission is not owed by the Seller if the transaction is not finalized and Seller's account is not credited. If Seller's account is partially credited due to returned item, Skeelfully take a Commission on the credited amount.

Commission

For each sale Skeelfully invoices the seller for Commission in the amount of 20% of the item's total price with minimum of €1. Skeelfully will add VAT at the rate at the time the Commission is taken.

Payouts

Sellers will be paid on the 15th of every month. The minimum payout amount is €50. Once your account has reached this amount we will transfer payment via PayPal on the next payment date. In some cases payment may be made on the next working day if the date falls on a bank holiday or weekend. Please ensure your PayPal email address is correct on your user dashboard.

Breaches of these terms and conditions

Without prejudice to Skeelfully's other rights under these terms and conditions, if you breach these terms and conditions in any way, Skeelfully Marketplace may take such action as Skeelfully Marketplace deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Skeelfully Marketplace may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Skeelfully Marketplace may transfer, sub-contract or otherwise deal with Skeelfully's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

Entire agreement

These terms and conditions, together with privacy policy, constitute the entire agreement between you and Skeelfully Marketplace in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with [GOVERNING LAW], and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of [JURISDICTION].

Legal Notice

Skeelfully web site is the property of the company Dreamt UP SASU, a French company registered with the Paris RCS under number 1950315. Its head office is located at : 2 Rue Paul Cézanne, 94400 Vitry Sur Seine, France

The company's VAT number is: incomming

This site is registered with the CNIL under number 1950315

VAT number : ongoing

Publication director : Ridha BEN SABER

You can contact Skeelfully Marketplace by using following email: