Terms And Conditions
- Terms and Conditions
Welcome to Shamelpro.com!
These terms and conditions outline the rules and regulations for the use of Shamel website, located at www.shamelpro.com.
By accessing this website, you accept these terms and conditions. Do not continue to use Shamelpro.com if you do not agree to take all of the terms and conditions stated on this page
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements:
"The Company", "Ourselves", "We", "Our" an "Us", “The System”, “Shamel”,” Shamelpro”, “Shamelpro.com”, “website”, “the website”, and “site” all refer to the Company owning the IP rights and/or managing shamelpro.com and/or having all the Super Admin rights on the site.
The "client",” user”, “customer” “You" and "Your" refers to you, the person, company or entity which registers and login on this website and compliant to the website and Company’s terms and conditions whether a “Buyer or ”Seller. "
Party" or "Parties" refer to either the “Buyer”, and/or “Seller”, and/or ourselves.
A “Buyer” is a registered user or client who is using the platform to buy items posted on the site.
A “Seller” is a registered client or user who is allowed by the Shamelpro.com to post items for selling and complete selling transactions through the website.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Shamel and/or its licensors own the intellectual property rights for all material on Shamelpro.com. All intellectual property rights are reserved. You may access this from Shamelpro.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Shamelpro.com
- Sell, rent or sub-license material from Shamelpro.com
- Reproduce, duplicate or copy material from Shamelpro.com
- Redistribute content from Shamelpro.com
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website[AB1] [HA2] . Shamel does not filter, edit, publish or review comments prior to their presence on the website. Comments do not reflect the views and opinions of Shamel, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Shamel shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Shamel reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Shamel a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
- Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies
- Search engines
- News organizations
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
- Companies operating in different countries and with diverse business portfolio (manufacturing, logistics, trading…etc.)
- Financial firms and Financial institutions including banks, payment solution providers.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- Commonly known consumer and/or business information sources
- Dot.com community sites
- Associations or other groups representing charities
- Online directory distributors
- Internet portals
- Accounting, law and consulting firms; and
- Educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Shamel; and (d) the link is in the context of general resource information.
If you are one of the organizations [AB3] and are interested in linking to our website, you must inform us by sending an e-mail to email@example.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name
- By use of the uniform resource locator being linked to
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Shamel's logo or other artwork will be allowed for linking absent a trademark license agreement.
- Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend[AB4] these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
- Removal of links from our website
If you find any link/ content on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly in this or similar requests.
We do not ensure that the information/contents on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
- Types of Data collected
The owner does not provide a list of Personal Data types collected.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application.
Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services and improve it through data analytics. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the site administrator by email on firstname.lastname@example.org.
Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.
- Mode and place of processing the Data
- Methods of processing
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
- Legal basis of processing
The Owner may process Personal Data relating to Users if one of the following applies:
Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law[AB5] [HA6] [HA7]
Provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof
Processing is necessary for compliance with a legal obligation to which the Owner is subject
Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner
Processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
- Retention time
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, if such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
The rights of Users
Users may exercise certain rights regarding their Data processed by the Owner.
In particular, Users have the right to do the following:
Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it and using it for analytics to improve the service provided.
Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
Receive their Data and have it transferred to another user[AB8] . Users have the right to copy their Data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.
- Details about the right to object to processing
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
- How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document email@example.com. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
- Additional information about Data collection and processing
- Legal action
- The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services.
The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
- Additional information about User's Personal Data
- System logs and maintenance
- For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.
- Information not contained in this policy
- More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
- How “Do Not Track” requests are handled
- This Application does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.
- Payment data - SECURITY AND CONTROL OF DATA
Customers must consent in respect of the use, storage, processing and transfer of data (including Customer Transaction Data) by the Payment Service Provider appointed by the site owner, including to the extent that the Payment Service provider need to rely on Third Parties for the provision of its services. The owner has the right to change the payment service provider without approval or notification of the customer on the website.
Shamelpro.com shall comply with all rules, regulations, standards or guidelines adopted or required by the relevant Acquiring Bank and applicable laws relating to privacy, data security, and the safeguarding, disclosure, and handling of Customer Transaction Data, in each case as they may be amended from time to time
Shamelpro.com will immediately notify the Payment Service Provider in the event it receives a materially increased number of requests for E-Commerce Transactions.
Shamelpro.com shall not maintain Customer Transaction Data for any E-Commerce Transaction, including sensitive information such as card numbers or visual cryptograms (CVC/CVV).
Customer shall consent that the Payment Service provider may store data (including Customer Transaction Data) received from the shamelpro.com and the Customer to perform its obligations under this Merchant Agreement and as required by Applicable Laws, and shall be permitted to transfer such data to any Third Party if required to do so for the successful execution of the payment process. Customers shall consent explicitly (where required) to collection, storage and processing of any data by the Payment Service Provider and for the purposes of such collection, storage and processing of any data for the purposes of this Agreement.
- PRODUCT INFORMATION
Unless expressly mentioned, SHAMEL is not the manufacturer of the products sold on this Website. While we work to ensure that product information on our Website is correct, actual product packaging and materials may contain more and different information to that displayed on our Website. Ingredients may also change. All information about the products on our Website are provided for informative purposes only to help the customer decision. We recommend that you do not rely solely on the information presented on our Website for technical purposes. Please always read technical materials, warnings and directions provided with the product either on the website or through any other resources before use.
Shamelpro shall comply with Applicable Laws relating to personal data privacy[AB9] .
- Selling on Shamel
- As a registered member, the Seller may list item(s) for sale on the site. The seller may only offer for sale or sell item(s) on the website in compliance with applicable laws, and the seller must be legally able to offer for sale or sell such items under the same applicable laws. Sellers offering items for Sale on Shamelpro.com will be fully accountable for any legal implications in case of violations or non-compliance without any responsibility on the website.
- Listings may only include text descriptions, graphics and pictures that describe the item for sale. All posted items will be listed within the appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating any contact details (e.g. contact phone number, address or e-mail) in the item listing or elsewhere on the Site other than in your registration data is expressly prohibited and would constitute a breach of these terms. The Seller will be liable for all implications in case of breaching these conditions.
- As a Seller, your listed items must be kept in stock, ready for delivery to the customer directly or the Shipping Service Provider appointed by the Owner, to allow for the immediate completion of your transaction with a
WinningBuyer. The listing description of the item must not be misleading and must describe the actual current condition of the item. If the item description does not match the actual current condition of the item, you agree to refund any amounts in relation to that item that you may have received from the buyer. You acknowledge and agree that Shamelpro.com has the right to delete any/all item(s) violating these rules.
- If the Seller receives a pick up, or a Purchase Order at or above the stated minimum price, the Seller is legally obligated to complete the sale transaction with the
WinningBuyer. The seller agrees to contact or ship to the WinningBuyer within 2 working days from the time the purchase order is received. The seller should be able to successfully provide the purchased item(s), supply the item to the WinningBuyer in a merchantable condition within 2 working days of receiving the Purchase order.
- The seller cannot authenticate the Buyer's identity by way of making direct any direct contact. The information needed to complete the Purchase transaction including any data needed for authentication will be provided through the website as part of the transaction document.
- Without limiting any rights or remedies available to Shamelpro.com under these terms or by applicable laws, Shamelpro.com has the right to suspend, limit or withdraw your access to the Site and/or your membership to the Site if you are found to be engaged in false or fraudulent activity in connection with the use of the Site.
- In case the Buyer chooses the Pick Up option, and after the payment is done successfully and confirmed by the Payment Service Provider, an e-mail is sent from the Site to both the Buyer and the seller providing each of them with the contact information of the other party (including email address, shipping address and a contact phone number if allowed by them when bidding/purchasing or selling) to enable them to get in touch with each other for the sole purpose of fulfilling the transaction. Please note that the contact information that will be sent out will be the information that is provided by the users in their registration data on Shamelpro.com. The Buyer and the Seller give their consent, acknowledge and agree that shamelpro.com has the right to use your registration data for this purpose. Shamelpro.com is not responsible for the accuracy of the data provided by both Buyer and Seller as part of the User’s registration data. The Buyer and Seller acknowledge and agree that they will not use another user's data shared with them in the course of any transaction for any purpose other than fulfilling a relevant transaction initiated through the site.
Timelines for receiving the payment
Payment will be collected from buyers for each transaction by shamelpro.com, Sellers will receive their payment on monthly basis.
Sellers agree that Shamelpro.com will charge a commission that will be deducted from the item(s) posted price and will be calculated as a percentage deduction as per the site policy in this regard.
The site can revise the commission charge with no commitment or notice period up to 15% of the posted item selling price, without referring to the seller. The PO, Pick Up and/ or any document shared by the site with the seller to complete a purchase or any other transaction will show the item price after deducting the site commission (including additional VAT and any other regulatory charged).
For any change of the commission value which exceeds 15% of the item posted price, the site will notify all Sellers who are already registered and posted items on the site for selling as part of change of Terms and Conditions update.
Order Cancellation, Returns & Refunds
Return of shipped items will not processed through the site. The site does not take any responsibility for any claims and return requests from the buyer once the item(s) sold leaves the seller premises. The order cancellation by the Buyer are only applicable as long as the sold item(s) did not leave the Seller premises and/or no physical transfer of ownership of the sold item(s) took place whether with the buyer directly or through the Shipping Service Provider assigned to complete the transaction.
Order cancellation may take place automatically by the system in case the seller fails to prepare the sold item(s) for pick up/shipment within 3 (three) working days from the time the seller receives the PO from the system. The seller accepts to take any charges or cost resulting from order/ transaction cancellation on the condition that the charges/cost do not exceed the agreed commission cost in addition to any applicable taxes or fees.
Shamel shall not be liable for any return or refund after item has left sellers premises. Shamel shall not be liable for damage of the product that may take place during transition either by the Buyer or by the Shipping Service Provider, in which case the Shipping Service Company policy will be applicable. Buyers need to communicate such cases directly with the Shipping Service Provider assigned to complete the transaction.
The seller accepts the full responsibility of providing and preparing the item(s) sold as per the posted specifications and in a condition fit for use as posted, and as per the requirements for shipping instructed by the shipping service provider.
The Users (Sellers and Buyers) are accountable to abide to all Applicable Laws and Regulations related to all transactions done through the site (including but not limited to applicable taxes, VAT, …etc.). The Users are accountable for accurate reporting, settling the accounts with relevant authorities and organizations as per the Applicable Laws and Regulations. The site will provide to the Users (Buyers and Sellers) all the formal documents in compliance with legal requirements and regulations supporting any transaction done through the site
- Shamel does not take any liability or responsibility either legal or financial for any loss of property, assets or life resulting from the use, transportation, handling, manipulation or exchange of any item(s) sold through the site.
- The purchase decision and all its implications are the sole responsibility and liability of the buyer. Shamel does not hold any responsibility or liability on behalf of the buyer related to any purchase transaction done on the site.
SHAMEL and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the sales transaction for any of item(s) posted on SHAMEL products to you was formed.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect a buyer right to have the products sent/delivered within a reasonable time as outlined in the above sections. The buyer has the right in this case to cancel the order at any time prior to picking the item(s) from the seller premises.