The following terms and conditions govern you use of this web site, and any content made available from or through the exells.com marketplace web site. exells.com is owned by Powerfusion GbR, Germany (exells.com or Powerfusion or we or us).
The sites and the content uploaded to exells.com are available to be viewed by any person browsing the internet but only a person, who has agreed to this terms and conditions, is able to sell and buy Products. If you do not want to agree with there terms and conditions, you should navigate away from this page.
- Buyer means a Member who buys Products made available for sale on exells.com
- Seller means a Member who makes Products available for sale on exells.com
- Member means a person who is registered as a Member by completing and submitting the registration form, and accepts our terms and conditions.
- Products means products available for sale on exells.com.
You may only become a Member if you are 18 years or over. exells.com may, at its sole discretion, elect to refuse your application to become a Member or once Membership is granted, terminate or restrict your Membership at any time. We are not obligated to give reasons for its decision to reject your application or suspend, terminate or restrict your Membership at any time.
Your Membership is non transferable.
You must use all reasonable efforts to keep your username and password confidential.
3. Fees and Services
You do not have to pay a fee to become a Member.
You do not have to pay a fee to sell Products on exells.com.
If you are a Buyer of a Product, you will pay a fee to buy the right to use that Product in accordance with clause 5.
If you are a Seller, you will receive the fee (less the commission to which exells.com is entitled in accordance with the clause 6) collected by exells.com for each sale of your Products to a Buyer.
You are responsible for paying all fees and taxes (including withholding tax), associated with your use of exells.com wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).
All prices on exells.com are expressed in EURO currency. The Buyer is responsible for all costs of currency conversion.
Where a payment is made by exells.com to a Seller, the Seller is responsible for all costs of converting the amount of the payment from EURO currency into his or her preferred currency.
We respect the intellectual property rights of others. We requires that you do the same. If you believe that a work of which you are the owner is infringed by a Product being offered for sale on exells.com has been copied in a way that constitutes copyright infringement, please forward the following information (Copyright Claim) to us:
- your address, telephone number, and email address
- a description of the location of the alleged infringing material
- a description of the copyright work that has been allegedly infringed
- a statement by you, that you warrant that the information given in the Copyright Claim is accurate and that you are either the copyright owner or are authorised to act on the copyright owner’s behalf.
On receipt of a Copyright Claim, we will take down the Product that is the subject of the Copyright Claim and seek an explanation from its Seller.
5. Buying Products
When you buy a Product, you acquire a license to use that Product.
- Your use of the Product is limited only for personal use.
- Unless you have our prior written consent, you must not directly or indirectly license, sub-license, sell or resell or provide for free the Product or offer to do any of these things. All of these things are referred to as Resale.
- You may use the Product alone or you may incorporate the Product into another work you are creating.
If you buy a Product, you do so on the following terms:
- you cannot cancel an order for a Product once the order has been submitted
- exells.com does not give any undertaking as to the continued availability of Products offered for sale on the Sites
- once your order for a Product is accepted, and you pay the fee, you acquire a non exclusive, non transferable license to use the Product in accordance with the conditions of the license that you acquire
- ownership of the Product remains with the Seller
- the Product may not be re-sold by the Buyer
- payment of the fee will be made at the time of download
You acknowledge and agree that despite exells.com’s reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, exells.com reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is cancelled, exells.com will immediately arrange for any payment to be refunded.
6. Selling Products
You warrant to exells.com and each Buyer that, as a Seller, in relation to each Product that you offer for sale on any of the Sites:
- you own the intellectual property rights in that Product
- that Product does not infringe the intellectual property rights of a third party
- that Product is not false, inaccurate or misleading
- that Product is not fraudulent, stolen or an unlawful item
- that Product does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices or fair trading laws)
- that Product is not defamatory, unlawfully threatening or unlawfully harassing
- that Product is not obscene and does not contain child pornography and does not constitute or contain material that is adult in nature or harmful to person under the age of 18 years
- that Product does not contain any content that may be considered as prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth)
- that Product does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware
- that Product would not create liability for exells.com or cause us to lose (in whole or in part) the services of its ISP or other suppliers and
- that Product would not cause exells.com to violate any applicable law, statute, ordinance or regulation by making it available on the Sites.
As a Seller, you must:
- ensure all copies of your Products bear a notice of ownership of the intellectual property rights in your Products
- not offer to or sell to Members any of your Products that have not been approved by exells.com
- notify us of any information which may affect or assist in sales of your Product(s)
- provide us with full and accurate information regarding enhancements and new releases of your Products
- act in good faith at all times and provide such assistance and co-operation as we reasonably request and
- to the extent practicable, maintain registrations of all relevant intellectual property rights and of all names relating in any way to your Products.
You acknowledge and agree that any Product offered for sale by you on exells.com must first be submitted to exells.com to enable it to check the quality of the Product and the information provided with the Product.
We may refuse, in its sole discretion, to allow you to offer the Product for sale on a Site. exells.com is not required to give reasons for refusing to allow you to offer a Product for sale on a Site.
You acknowledge and agree that if we determine, in its absolute discretion, or is notified by a third party, that a Product that you offer for sale on exells.com does not comply with any applicable laws and/or these Membership Terms, we will disable your Member Account and withhold all amounts that you may have earned from the sale of the relevant Product until the earlier of:
- any dispute in relation to the Product has been resolved to the satisfaction of exells.com and
- the expiry of two years from the date your Member Account is disabled.
If after two years, the dispute has not been resolved, we will pay amounts standing to you via PayPal.
You acknowledge and agree that exells.com may, at its sole discretion, elect at any time to remove your Products from a Site without notice to you. exells.com is not responsible for any loss that you may suffer as a result a Product being removed from our site.
exell.com is not liable for any loss suffered by you as a result of a Buyer making use of a Product that you offer for sale on our site contrary to the conditions on which the Product was sold to the Buyer.
You agree and acknowledge that exells.com may use your Product (or part of a Product) from time to time to promote the site, including on a features page on a Site itself.
exells.com will pay to you amounts earned by you as a Seller every month and without a minimum rate.
If one or more of your Products is sold over exells.com, we will credit you with the balance of the fee received from the Buyer (that is the gross fee less our commission).
You authorise exells.com to collect and distribute such fees and commissions on your behalf.
exells.com is entitled to receive a commission of an amount equal to 25% of the fee payable for each Product sold over the site if the items are exclusively offered on exells. Otherwise exells.com receive 50% of each sale.
Commission rates may be varied by exells.com at its sole discretion, from time to time.
Any changes to the commission rates by exells.com will take effect on and from the date on which notice of the variation is posted by us on the site.