Terms and Conditions For The Use of The Site (Agreement)

Dear merchants and customers, with all due love and respect, welcome to the Garmi Online Market. We aim to give you everything unique in the world of e-commerce. To benefit your financial needs and interests, we provide you with the following legal terms and conditions for using the site.

Definitions of Basic Terms:

Website or online marketplace: it means Garmi wherever it is listed in these terms and all pages and links derived from the site.

Customer or Client: The person who orders goods and services from the site, whether actual or virtual.

Trader or seller: It means the party that displays the goods on the site, whether it is an individual or an enterprise.

Agreement: Garmi website terms of use, which includes all the terms and conditions described to the customer and the trader, governs and regulates the use of the Garmi market by both the customer and the trader.

The use of the site by customers or traders is an explicit admission to them to read and understand the terms and conditions of this agreement and the way the site is used and they are responders, and they are fully legally qualified. The use of the site is an explicit statement by all users to abide by the terms and conditions of all the agreements.

Terms of Membership:

Membership of the site is granted only to adults (over the age of 18) or a minor (juvenile child) who can manage their funds if they obtain permission from their guardian or the court, considering the following:

1-      Garmi has the right to cancel the account of any member who is not an adult, with the obligation to liquidate his financial accounts immediately after the account is closed.

2-      If a user registers as a business, their organization is bound by all the terms and conditions contained in this agreement.

3-      A member does not have the right to purchase prohibited, suspicious, stolen, or things forbidden by the laws applicable in Iraqi ministries, bodies, and government institutions. If found guilty, they place themselves under personal liability without any responsibility for Garmi.

Account and Registration Obligations:

Once you apply for membership of the site, you are required to disclose specific information and choose a confidential username and password to use when accessing the site. Once your application is accepted, you have agreed to:

1-      Keep your account and password information confidential and identify the people allowed to access and use your website account. You are, therefore, in agreement to notify Garmi immediately of any unauthorized use of your password, account, or other breaches of your personal information.

2-      Garmi is not responsible for any moral or material loss that may be inflicted directly or indirectly on you due to the disclosure of username or password information.

3-      To maintain the use of The Garmi site in all seriousness and credibility, otherwise, you are obliged to compensate Garmi for any direct or indirect losses that may be inflicted on the website as a result of negligence or lack of care for the password so that a third party uses your account with your authorization or not.

4-      Providing accurate, correct, up-to-date, and complete information about yourself as required on the registration form.

5-      If you are a provider, your brand name should not include the term “Garmi” or its logo.

6-      Garmi is obliged to treat your personal information and contact addresses with complete confidentiality.

7-      You will be obliged to maintain and update registration data successively to keep them genuine, correct, and complete. If you disclose any information otherwise, Garmi has the right to suspend or limit your membership without harming your rights, Garmi’s rights, or legitimate means of protecting its rights.

8-      All customers and providers are obliged to provide Garmi’s management with any information or documents if requested.

9-      If you do not comply with any of the paragraphs above, the Garmi management has the right to suspend or cancel your membership and to block you from the site.

10-  Garmi management has the right to cancel any unconfirmed, unproven, or inactive accounts.

Communication Method:

1-      Our valued customers and providers will be contacted via email or by broadcasting promotional ads on the site. All other agreements, advertisements, data, and electronic communications act as their written counterparts to meet any legal needs.

2-      During your membership period, Garmi will send promotional emails informing you of any new changes, procedures, or advertising activities that may be added to the site.

3-      If you do not wish to receive promotional emails to your email, you can unsubscribe.

Amendments To The Agreement:

1-      Garmi’s management may modify this user agreement at any time by broadcasting an ad on the site. Whether the amendments are fundamental or not, they will reflect the interest of all parties using the site.

2-      The site has the right to make amendments to the operating fees as it sees fit, and any modification will be announced by emailing you. The amendment may be temporary or permanent, whether it is on fees or details of shipping services. Users can object when amendments are announced to reach a solution that satisfies all parties.

Website Work Mechanism:

1-      Garmi is a technical website that provides the opportunity to sell and purchase goods among customers and providers registered. It is not a supplier or a bank and does not provide similar services.

2-      Membership on the site remains free for at least three months. From the outset, however, Garmi charges optional advertising fees if ordered to promote goods on the site, and providers incur a commission on the deals they make with their customers.

3-      You have the right as a provider to recover commissions calculated on unfinished operations.

4-      Before displaying the goods on the website, you must review the details of the specific fees and commissions calculated on your activity. You will have to pay them as soon as they are due or issue monthly invoices for your account on the site.

5-      All fees are calculated in the local currency of the country in which you have registered. You must pay all payments due on your on-site operations to the Garmi management plus any other taxes or expenses within a maximum of 10 days of the date of the invoice sent to you from Garmi, to be paid by the approved means.

6-      If you are not obliged to pay the fees due on your on-site operations, Garmi, without any legal liability, reserves the right to act as follows:

A-    Give you an official warning for not paying on time.

B-    If financial dues are not paid later than five days from the warning date, Garmi is entitled to suspend your account permanently or temporarily.

C-    For accounts that have been late for more than 20 days, the amount due will be deducted from your Garmi account, and you will be informed by email of the completion of the withdrawal.

D-    The Garmi management has the right to take all necessary steps, including filing a lawsuit to collect any amounts due to it in the name of others.

Electronic Payment System:

1-      Garmi’s electronic payment system is safe. The values of goods purchased from the site are paid entirely or in part through Garmi’s private payment portals using a credit card, Naas Wallet, or any other payment method Garmi may occasionally provide on the site.

2-      Garmi’s role in credit card or cash payments upon receipt is to facilitate online payments without participating in sales and transactions.

3-      All sales and purchases on the site are made following bilateral contracts between the seller and the buyer of a particular commodity. Garmi is not responsible for any unfulfilled operations and is not liable for any claim resulting from any contract concluded between customers and providers. But it may intervene to resolve differences if they occur.

4-      It is not Garmi’s responsibility to ascertain the credibility of any user. Both providers and customers should be careful when making transactions. The site does not bear the risks that may be incurred to your money during your trade and transactions on the site, which is outside the authority of Garmi management or cannot determine liability.

5-      To protect our valued customers and virtuous providers, and to guarantee the rights of everyone, after you make the electronic payment process, we will conduct a test check of a sample of operations, and in the event of any doubts regarding the ownership of the credit or bank card used to pay we will request some necessary documents to prove the ownership of the card used and the goods will not be sent unless the required documents proving the ownership of the card are delivered.

6-      No previous electronic payment can be refunded without proof of ownership of the card. A 10% cash payment can be paid to cover the fees for refunds electronically, so please make an electronic payment using your credit card. Otherwise, it is better to pay in cash when receiving.

Product Information:

1-      It is the providers’ responsibility to provide all product information with continuous updates, including electronic images and any other product or product information that the law requires to be disclosed in any sale or when the product is announced.

2-      Product information also includes any information we collect from your website, provided to us (or provided by a third party under your guidance).

3-      You grant us a permanent, unlimited license of time, place, irrevocable and free of property rights concerning:

          Use, copy, display, and distribute product information at any point of online, offline, mobile app, service, feature, etc.

          Excerpts from product information that are re-formatted adapted, or created derived works.

          Use all trademarks or brand names included in the product information.

          License any of the above rights to a third company to contact our programs or services (e.g., advertise your products.) It will immediately provide all safety information, industry standards, and tests related to your products or so-called “product safety information.”

4-      You are the only one responsible for the information you have sent or published, and Garmi’s role is limited to allowing you to view this information on the site’s pages and through its advertising channels.

Prohibited Goods and Information:

No user has the right to display any commodity that is not permitted to be traded in the markets of the Republic of Iraq following the regulations of the Ministry of Commerce, the Customs Department, the Ministry of Interior, and all relevant ministries, including but not limited to:

1-      Drugs or supplies that the Ministry of Health does not license.

2-      Explosive materials and firearms.

3-      Some animals or organisms (whether pet or wild) or trading their organs.

4-      Religiously illegal good

5-      Spirits and all kinds of alcoholic drinks and drugs.

6-      Pornographic material that is contrary to law and public custom.

7-      National historical documents, artifacts, and monuments.

8-      Services and advertisements prohibited for other sites or companies.

9-      Pieces and artistic treasures that are prohibited from being exported outside the Republic of Iraq.

10-  Artifacts and archeological pieces

11-  Any goods damaged or invalid.

12-  Any legally prohibited materials or goods not listed above, officially or informally advertised by any government agency in the Republic of Iraq.

Prohibited Rules or Behaviors:

1-      selling stolen, unknown or unlicensed goods.

2-      Publishing inappropriate information, content, or news in the context of customs and traditions.

3-      Broadcasting false or incorrect information according to our assessment, as well as any misleading, defamatory, intimidating, or even disturbing information.

4-      Publishing unrelated remarks, questions, and answers, racist comments, using profanity, assaulting another user, insulting beliefs and cultures, or making any inherently offensive, obscene, or inappropriate comment.

5-      Publishing critical political opinions or content that harms the public interest.

6-      Publishing information or advertisements about goods that are transgressive to culture, religion, traditions, and norms.

7-      Publishing information, comments, or the inclusion of goods that are not in accordance with Islamic law, its provisions, principles, values, and ethics.

8-      Publishing information comments or including goods that may threaten national security.

9-      Publishing information comments or include goods that include or encourage gambling.

10-  Using inappropriate lyrical words when displaying goods for sale by using this type of word in product names or addresses to draw attention or direct users to your goods.

11-  The customer refused to pay their dues for goods they have purchased unless the seller has changed the specifications of the goods, updated them, or an apparent typo has occurred.

12-  Not delivering the goods to the customer despite the stated conditions.

13-  Attempting to complete off-site transactions for goods offered on the site without registration as a complete process regardless of delivery and payment method.

14-  Using relationships resulting from on-site purchases and sales to make deals on other goods from competing sites via email or other means of communication.

15-  Claiming that the transaction has not been completed when it was successfully made under the user agreement and the site’s terms.

16-  Trying to manipulate the prices of goods and services on the site either alone or using another party.

17-  Evasiveness and manipulation of the structure of site images and fees and the billing process or fees owned by Garmi.

18-  Performing any action that would disturb the confidentiality of the site’s information and data or disclosing or using any data or information for any reasons unrelated to Garmi.

19-  Transferring your account on the site and username to another party without informing the site management and taking its consent for this procedure.

20-  Declaration of illegal communications, or a series of hierarchical messages.

21-  Distributing harmful software such as viruses, trojans, time bombs, or any similar software that causes damage to the site, or the interests and property of the site users, and those who prove this work bear all financial and moral compensation without the slightest responsibility on Garmi.

22-  Making up malicious claims on Garmi.

23-  Causing a loss to Internet service operators or any other processors.

24-  Any action that carries us may lead to enormous unjustified burdens that harm our infrastructure and employment policy.

25-  Intervening or trying to intervene to influence the functioning of the site.

26-  Trying to take over another user’s account or make a scam on the site.

27-  Reproducing, modifying, distributing, or infringing of copyright or trademarks in any way.

28-  Violating laws, provisions, regulations and guidelines, third-party rights, or Garmi contracts.

29-  Harming Garmi through the use of shipping services granted by Garmi, other properties or contracts, or terms and clauses belonging to Garmi, which are displayed on the site from time to time.

Commitments:

1-      You are an adult and have completed 18 years of age.

2-      You have the authority to give the institution “if you are a representative of an institution.”

3-      You are the owner of all materials you wish to offer for sale on the site or legally authorized by the owner, and you have proof of this right to display and trade these materials.

4-      Adhering to all local and international laws in force in this commercial area and the applicable provisions for the use of the site.

5-      The specifications of the goods you will publish on the site for sale are correct, accurate, detailed, and image-matching.

6-      Maintaining the privacy of communication information, you will not disclose the details of your contact information and addresses, including phone numbers, mailing addresses, and email addresses, anywhere on the site, including forms, forum, item details, or any features of the website’s email.

7-      You will not use the information you get through the site to complete additional off-site sales or through another site.

8-      You will not collect information about other users, including their electronic addresses and other means of communication.

9-      You will not disclose or publish any personal information about users or use this information in a way that (in our view) violates their confidentiality, privacy, and applicable laws.

Copyright:

All the site contents, texts, designs, logos, icons, symbols, audio clips, digital loads of content, aggregated data, and electronic data belong to Garmi. Its rights are reserved for its users and the producers of these contents and commissioners and are protected within the copyrights, trademarks, and intellectual and creative property rights and laws. In addition to the content collected on the site is exclusively owned and has rights reserved for it and is protected within the copyrights, trademarks, and intellectual and creative property rights and laws.

Brands:

1-      Garmi brand and its logos, other words and slogans on the site, and safe payment are either registered or unregistered trademarks of Garmi. They are protected by the rights and laws of ownership of other international and intellectual trademarks.

2-      Garmi brands may not be used for products or services outside Garmi or degrade their value and credibility.

3-      All other brands that are not owned by Garmi which appear on the site are the property of their owners, who may or may not be affiliated with Garmi.

Harming Garmi:

1-      Any problems that violate this user agreement must be reported.

2-      The Garmi management can resort to legal procedures against users who cause problems or illegal acts of any kind, such as dealing inappropriately with this user agreement or with our contracts.

3-      It is forbidden to display links or links addresses to other sites outside Garmi even if it belongs to the item displayed on the site and the offer of the address bears any damages that may result from the entry of harmful viruses or software either for Garmi or any of its users.

Protection of Contracting Parties:

1-      Garmi seeks to help and protect buyers and prevent fraud.

2-      If a customer buys goods that differ in specifications from the supply or their value differs from what was mentioned on the offer page, then the buyer can request the return of the goods so that Garmi will claim the provider. On the other hand, the buyer should check the goods before receiving them if possible promptly (e.g., to ascertain the expiration date, color, size, weight, and types, etc.), in case it is determined (by Garmi) that the error is from the seller, or that the goods do not match the specifications mentioned on the site, Garmi will ask the provider to refund the goods based on the details of each case.

3-      Following up on the two above, Garmi may resort to withholding the seller from the site or canceling its membership if recovery cases are repeated or proven to be shortened. Garmi is entitled to charge the seller shipping costs in compensation to the buyer according to (shipping policies and any other fees). Garmi reserves the right to take any additional steps if necessary, including lawsuits or different legal opinions.

4-      All providers should realize that if any commodity is returned from the buyer to Garmi, and the item is illegal, or the law does not allow it to be traded, Garmi is entitled to damage the goods or take any other necessary items steps to address the situation.

5-      Revenues Fees:

          Case 1: If an item is returned due to an error made by the seller or a problem with the product itself and the buyer takes over within 24 hours of receipt of the item, the seller will bear the shipping fees for the return of the item.

          Case 2: If an item is returned due to an error made by the buyer and the product remains intact and has not been tampered with, and the provider agrees to return the item, the buyer will bear the shipping fee.

Garmi’s Responsibility:

1-      Garmi is just a communication channel where users can meet through it for shopping under the supervision of the site. Garmi, therefore, does not represent any of the traders who are owners of goods or customers and, as a result, is not obliged to compensate either party for damages that may occur due to ignorance or misuse.

2-      Garmi is not a guarantor for sellers and buyers. That’s why you won’t hold Garmi responsible for the goods or information offered by the sellers.

3-      Garmi may help confirm that a particular transaction has occurred but is not responsible for transferring the ownership of the goods from the seller to the buyer, as the transaction is proven and detailed by the sales contract between the seller and the buyer or the order sent by the buyer.

4-      Garmi is not responsible for any unsatisfactory performance or delay by a related party, for example, goods that are not available or delayed delivery. Therefore, it is not introduced as an intermediary to resolve a dispute between users unless it donates to do so.

5-      Garmi does not control the goods advertised and does not guarantee their legitimacy, nor does it maintain the credibility of sellers in describing their goods.

6-      Garmi does not guarantee the quality specifications, their value, or the extent of their popularity in the markets, which is the responsibility of the seller and buyer to check all goods before selling or purchasing them.

7-      Garmi is not a supplier or manufacturer of any goods sold or purchased on the site.

8-      Garmi does not guarantee or ensure users in terms of their credibility and identity.

9-      Garmi is not responsible for the level of security of any links that open off-site. If they happen to be displayed, Garmi does not guarantee that they are free of viruses or any other damages, and you know that, and I agree that Garmi is not responsible for the content of these links, if any.

10-  Garmi does not bear any obligation or financial or non-financial loss that may arise from mistakes committed by users intentionally, unintentionally, or negligently by them or by a third party.

11-  Garmi is not responsible for any damage or defamation caused by your misuse of the site or inability to use it properly, and Garmi does not assume any financial responsibilities or obligations in such cases.

12-  You exempt Garmi and its management and do not hold them responsible for any dispute or direct loss to which a party is exposed for an act by the site’s users. You waive following applicable laws any claim in this regard.

Confidentiality of Transactions:

1-      Garmi has technological protection procedures that preserve your personal information and prevent access to it by anyone who is not authorized. Although it is recognized that the Internet is not a secure means, confidentiality of information cannot be 100% guaranteed.

2-      Garmi has no authority over the actions of any party from outside the site, such as other web pages attached to it, or other parties that claim to represent Garmi and do not represent it but rather represent different parties.

3-      Garmi may use the information you have provided to provide services or send you marketing messages, and this confidentiality clause controls the collection, analysis, and use of information.

4-      Transparency is Garmi’s motto, and disclosing everything related to the relevant parties is a priority for site management.

Violating The Terms and Conditions (User Agreement:)

1-      According to this user agreement and by law, Garmi may immediately and without liability limit your activity, remove offers, remove lists of goods for sale, alert other users about your activities, temporarily or permanently suspend membership, or prevent you from accessing the site without settling your rights, in the following cases:

A-    Violation of this user agreement.

B-    Garmi was unable to document your personal information.

C-    It has been established that your activities may cause legal problems for you, the site, or other users.

2-      The Garmi management may reactivate the suspended accounts and allow the owners to work on the site again. Suppose a suspended user violates the agreement and registers again before enabling it. In that case, Garmi has the right to take the necessary legal action, in addition to retaining the right to collect any amounts owed to the user and to obtain any compensation for the damages he caused.

3-      Violating this user agreement does not oblige Garmi to waive its right to take action to prosecute anyone who engages in fraud of any kind and does not guarantee action against all violations.

Selling:

1-      Sellers registered on the website can provide details of the goods they wish to sell on the site in a manner that does not contradict applicable laws. These details must include the presentation of designs and images describing the goods accurately and appropriately following the terms of the offer on the site. You may not advertise your phone numbers or email on the display lists on the site to make off-site transactions where this violates the terms and conditions of the user agreement. The specifications of the goods offered must be actual and modern. If not, you are obliged to return the value of the goods if the buyer rejects them and returns them.

2-      You must process the goods for shipment within the period specified in the details of the offer and from the date of completion of the transaction for the delivery company to receive the goods from you and deliver them to the buyer as soon as possible, whether it is the method of payment in cash at the time of receipt, or by a credit card. If It’s proven to Garmi that you’ve cheated on customers, you’re at risk of being revoked or blocked from the site.

User Opinions (Feedback):

Garmi management would like to get buyers’ and sellers’ opinions after each transaction. This will help all users identify the wishes of outstanding buyers and sellers, and you will display your opinions with your identity used on the site. You are obliged not to publish opinions containing racist content or derogation of a particular category or any sarcastic comments and prevent the publication of opinions or opinions promoting off-site sales. If you continue to give incorrect negative opinions or information, Garmi will cancel your membership on the site.

Membership Termination:

Garmi has the right to stop, terminate membership, or block users’ access to the site at any time and for any reason. After giving a warning, without harming user rights, Garmi can terminate this user agreement.

Garmi’s Warranty:

Garmi guarantees its users excellent communication services but does not guarantee the quality and availability of the goods, it is the seller’s responsibility, so Garmi does not guarantee the availability of the goods on request and does not guarantee the transfer of ownership and validity for use or the quality of security, originality or accuracy, and the site does not guarantee the validity of the information, texts, and designs used through the site.

Defining Responsibilities:

As permitted by law, Garmi, its staff, management, and agents will not be responsible for any direct loss or damage caused by your use of the site. If you are not satisfied with the site or any of its contents, please indicate your opinion to improve the site’s performance, or you can cancel or stop using your account.

Security:

This agreement protects Garmi, its management, employees, and agents. It protects them from any harm caused by causing damages or costs of any kind or losses caused by users violating this agreement or violating any applicable law or amendments or infringing on other rights.

Notifications:

Users have no right to compel Garmi in any way to order or manage it, that any notifications that the user wishes to send to Garmi must be by email provided by the user at the time of registration or mobile number, and that responses from Garmi may be made public on the site or sent by email, telephone calls or conversations.

Transforming of Rights and Responsibilities:

Garmi has the right to transfer part or all its rights and obligations to other employers that work with it without referring to you, which does not mean that Garmi does not comply with the user but may or may not be notified on the site or by email. At the same time, you cannot transfer your benefits, rights, and obligations to a third party without taking pre-written permission from the site management and receiving an email supporting it.

General Information:

If any item in this user agreement is disabled or terminated or for any reason is no longer in force, such a procedure does not eliminate the validity of the rest of the paragraphs contained in it. It may be modified from time to time, and it outlines the understanding between you and Garmi considering the following:

– The Arabic text of this Convention is the dominant text if translated into other languages.

– No intervening party may add items to this agreement if it is not a relevant party.

Disputes:

In any dispute, arbitration is resorted to between the parties, and all parties bind the jury. If none of these parties is satisfied, they can resort to the courts of the Republic of Iraq, and this item does not deny that there is an alternative that may be used if the laws in force differ, the user agreement expires, or is revoked for any reason.

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