1. Scope
2. Registration as a commercial customer
3. Prices
4. Contractors
5. Conclusion of contract
6. Terms of payment
7. Offsetting / right of retention
8. Delivery, transport risk, delivery dates
9. Retention of title
10. Warranty / Complaint
11. Communication
12. Liability
13. Contract language
14. Place of jurisdiction / Final clause
15. Supplementary documents
1. Scope
1.1. These General Terms and Conditions for Commercial Customers (GTC) shall only apply to entrepreneurs who are acting in the exercise of their commercial or independent professional activity when concluding the legal transaction, and to legal entities under public law and special funds under public law.
They apply to all business transactions between the company's cooperation partners (the manufacturers) and commercial customers, under the mediation) by Gliszen.com, hereinafter also referred to as the company and / or the society and or the organization.
The range of goods in our online shop is aimed exclusively at end consumers, and serves commercial customers only as an indicator of the entire range of goods.
1.2. Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions and the individual contractual modalities supplementing them. The General Terms and Conditions shall also apply to all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of the customer that contradict our General Terms and Conditions is hereby already objected to.
2. Registration as a commercial customer
As already mentioned under 1.1, the range of goods offered on Gliszen.com is aimed exclusively at end consumers, and serves commercial customers only as an indicator of the entire range of goods.
Registration as a commercial customer is not possible.
If you are planning regular purchases, we recommend that you register as a distributor.
In these cases, these terms and conditions lose their effectiveness and Part D of these terms and conditions comes into force (D. General Terms and Conditions (GTC) for distributors (sales partners)). Otherwise, interested commercial customers should proceed as follows:
2.1. As a non-registered customer, you have the possibility to view the complete product range, including all relevant information about the products. This also includes the product numbers.
2.2. At commercial@gliszen.com you can reach our service staff for the commercial area for a first contact.
2.3. You attach the "B2B order form" to your e-mail.
This form contains all the necessary initial information that we need to prepare a first non-binding offer (Invoice).
2.4. Subsequently, further contractual modalities which are not pre-formulated in these General Terms and Conditions will be individually negotiated and set down in writing.
3. Prices
3.1. Since the prices on Gliszen.com are addressed to end users, we will communicate prices adjusted to the needs of the commercial customer with the initial offer (Invoice).
3.2. The degree of adjustment is based on the following criteria.
3.2.1. Status of the customer
3.2.2. Order volume
3.3. Our prices to commercial customers are always to be understood as net prices.
3.4. All prices are EXW (Ex Works) prices, unless otherwise contractually agreed, and further costs according to the delivery modalities defined in chapter 8 must be taken into account.
4. Contractors
A one-time intermediary contract is concluded between the customer and Gliszen.com, represented by
Guangzhou Gliszen Technology Co., Ltd, 1609, Building 3, No 288, South Shixing Dadao Road, Shibi Street, Panyu District, Guangzhou 511495 China, Registered at the Guangdong, Provincial Government of P.R. China, Registration no: 91440101MA9Y5WUU5 G, - +86 136 0227 8080/ yue-ou@gliszen.com. -
which in turn authorizes the Company to conclude the purchase contract for the Customer with the Company's cooperation partners while safeguarding the Customer's rights as a commercial customer and/or legal entities under public law and special funds under public law.
This contract shall be deemed to have been fulfilled upon successful delivery of the shipping / delivery documents to the customer, and / or his appointed carrier / importer, and / or any other third party designated by him, unless otherwise agreed.
The right to warranty remains unaffected by this provision.
5. Conclusion of contract
Should the customer accept the offers mentioned in chapters 2.3 and 3.1, Gliszen.com will send him an intermediation contract and an invoice, which describe the general conditions of the contract, which complement and or replace these conditions.
If any provisions of the contract and / or the invoice are in conflict with any provisions of these Part B of the GTCs, the provisions in the contract and / or the invoice shall prevail and be binding.
6. Terms of payment
Giszen.com and its cooperation partners offer their clientele, whether B2B or B2C customers, various payment methods.
Payments by bank transfer and credit card are standardised, as are payments via various online payment services such as PayPal.
Unless otherwise contractually agreed, our terms of payment shall apply as follows:
6.1. 50% of the costs specified in the contract must be paid on conclusion of the contract.
6.2. Should the advance payment defined under 6.1 not be made within one week after conclusion of the contract, Gliszen.com and its cooperation partners are free to withdraw from the contract with immediate effect.
This does not require any announcement on the part of the company.
6.3. The balance of a further 50% is to be paid after the goods have been made ready for dispatch (commissioning), but before they are delivered. In return, the customer, and / or its appointed carrier / importer, and / or another third party designated by him receives the shipping documents.
6.4. The payment of the balance as defined in section 6.3 must be made immediately and within a reasonable time. The company and its cooperation partners reserve the right, if necessary, to retain the goods until the balance has been paid and, if necessary, to claim compensation for work performed if the customer wishes to withdraw from the contract after the goods have been made ready for dispatch (commissioning). Whether and in what amount such compensation for expenses is claimed shall be decided on a case-by-case basis.
6.5. Depending on the status of the customer, i.e., whether the customer belongs to the regular clientele, and its value for the organization, the payment modalities defined in points 6.1 to 6.4 may vary.
6.6. The fees incurred for the transaction are to be borne by the customer.
7. Offsetting / right of retention
7.1. The customer shall only be entitled to set-off if his counterclaim has been legally established or is not disputed by us.
7.2. The customer may only assert a right of retention insofar as his counterclaim is based on the same contractual relationship.
7.3. We may assert a right of retention with respect to all future orders of the customer, including acknowledged orders, if the customer fails to meet its payment obligations.
8.
Delivery, transport risk, delivery dates
8.1. With the creation of the offer, Gliszen.com and its cooperating partners offer their clientele various delivery modalities.
8.2. For his part, the customer is free to arrange for a suitable carrier if he wishes to refrain from this service.
8.3. Larger delivery volumes shall be handled exclusively in accordance with clauses 5.2, F-group, and clauses 5.3, C-clauses, in accordance with Incoterms 2020, unless otherwise contractually agreed.
8.4. The risk shall pass to the customer when the goods are handed over to the forwarding agent, carrier or other third party appointed to carry out the shipment. The handover begins at the same time as the loading process. A delay in acceptance by the customer leads to the transfer of risk.
8.5. We shall be released from our performance insofar as we ourselves were not supplied on time by our suppliers within the scope of a congruent covering transaction, unless we ourselves are responsible for the non-delivery. The customer shall be informed immediately of the lack of delivery and the compensation shall be refunded without delay.
8.6. Unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information and are for guidance only.
8.7. The customer takes the indication of the delivery periods from his contract and / or the invoice.
8.8. The commencement of the delivery period stated by us is subject to the timely and proper fulfilment of the customer's obligations. Proper fulfilment of the customer's obligations includes, but is not limited to:
8.8.1. The timely payment on the part of the customer.
8.8.2. The guarantee of the punctual receipt of goods / handover by the customer himself, and / or his appointed carrier / importer, and / or another third party named by him at the agreed place of handover, provided that such an agreement has been made in writing.
If the customer and / or one of his designated representatives is in default of acceptance or culpably violates other obligations to cooperate, Gliszen.com is entitled to demand compensation for the resulting damage and any resulting additional expenses.
8.9. We are entitled to make partial deliveries insofar as this is
reasonable for the customer, taking into account the interests of both
parties.
Additional shipping costs shall be borne by us.
The risk shall pass to the customer upon handover of the respective partial
delivery. If we are in default with outstanding partial deliveries or if
it is not possible for us to deliver outstanding partial deliveries, the
customer shall be entitled to withdraw from the contract as a whole or to
claim damages for non-performance of the entire obligation, provided that
the customer has no interest in the partial delivery.
9. Retention of title
9.1. The Company and its partners retain title to the goods until all claims under the current contract have been settled in full.
9.2. If, contrary to the agreement (see section 6.4), the settlement of the debt is not completed within a reasonable period of time after the handover of the shipping and delivery documents, the Organization and its partners shall grant the Customer a further postponement of the deadline by another 5 weekdays for the settlement of this debt.
9.3. Notification of the deferral granted under Chapter 9.2 shall be made by e-mail.
9.4. After the period granted under Section 9.2 has expired without the customer having fulfilled his obligation, the organization and its cooperation partner are free to withdraw from the contract.
9.5. In case of non-fulfilment according to the provisions of chapter 9.2 to 9.4 on the part of the customer, Gliszen.com and its partners are entitled to claim a proportional compensation for all damages caused by the non-fulfilment.
9.6. Furthermore, we undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
10. Warranty / Complaint
Unless expressly agreed otherwise, the customer's warranty claims shall be governed by the statutory provisions of the law on sales with the modifications specified in the following paragraphs.
10.1. Only our own specifications and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer. Samples, material properties and structure of the products may differ from the information in the online shop. Our information on the object of the delivery or the service, including the illustrations, are only approximate descriptions, unless an exact match is required for the contractual purpose.
10.2. You are obliged to examine the goods with due care for deviations in quality and quantity and to notify us of obvious defects immediately after receipt of the goods. This also applies to hidden defects discovered later from the time of discovery. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims shall be excluded.
10.3. In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or replacement delivery (subsequent performance). In the event of subsequent improvement, we shall not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
10.4. If the supplementary performance fails twice, the customer may, at his discretion, demand a reduction in price or withdraw from the contract, or from parts of the contract.
10.5. The warranty period is two years from delivery of the goods. This limitation shall not apply to claims based on damages arising from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely, as well as to claims based on other damages caused by an intentional or grossly negligent breach of duty by us or our vicarious agents.
10.6. In the event of a complaint, the following procedure is recommended to the customer:
10.6.1. Please send the completed complaint form tous using the e-mail address complaint@gliszen.com.
10.6.2. Gliszen.com will correspond back to you with a transaction number in a timely manner.
10.6.3. We will check the facts internally under this case number and inform you of our findings as soon as possible.
11. Communication
The company provides its cooperating partners and clientele with several communication options.
Among other things, various e-mail addresses can be found on Gliszen.com, which enable the participants to send topic-related inquiries by e-mail to the respective departments.
Another essential medium for communication is the Gliszen.com chat system.
Each account has such a chat window, through which a direct connection to the Gliszen.com administration can be established, and furthermore the communication with the other cooperation partners is guaranteed.
Especially in the operational area, this chat system represents a very efficient way of communication exchange.
For this reason, all parties and likewise all customers are called upon to regularly check their notifications on the portal, primarily in anticipation of a response to a concern not specified here.
12. Liability
12.1. Gliszen.com and its partners are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, body and health of persons.
12.2. In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely. The liability for slight negligence is limited to the amount of damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents and distributors.
12.3. Questions, suggestions and complaints regarding product liability / conformity and product safety should be sent to regulatory@gliszen.com using the regulatory form.
13. Contract language
As an international company, Gliszen.com always strives to acquire customers and cooperation partners worldwide.
However, it is not always possible to publish all binding and mandatory documents in all languages.
Therefore, only the English versions of the general terms and conditions and all other documents are legally binding .
Other languages are for guidance only.
14. Place of jurisdiction / Final clause
14.1. Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
14.2. Contracts between us and you shall be governed exclusively by Jamaican law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
14.3. If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and customers shall be our registered office.
15. Supplementary documents
1. Scope
2. Contractors
3. Acceptance of the applicable documents
4. Conclusion of contract & order execution
5. Distributors
6. Prices, payment and commission
7. Delivery
8. Complaints & Right of Refund
9. Product safety laws and their application at Gliszen.com
10. Contract language
11. Membership
12. Communication
13. Confidentiality and non-disclosure clause
14. Place of jurisdiction & final clause
15. Supplementary documents
1. Scope
These General Terms and Conditions (GTC) for cooperation partners apply to all business transactions on Gliszen.com between the company's cooperation partners (the manufacturers) and Gliszen.com, hereinafter also referred to as the company and / or the organization and / or the society.
For the purposes of this provision, a cooperation partner is any direct manufacturer of products who manufactures the product under his own responsibility, places it on the market and has organizational power over the manufacturing process.
Consequently, these provisions are not intended for dealers, sub-dealers or intermediaries, and are consequently excluded from such business relationships.
2. Contractors
With his consent to a partnership, the cooperation partner equally enters into a binding contractual obligation with the company represented by
Jaikaski, Owner: Kimberley Sacha-Gaye Walters, 13 Lissant Road, Kingston CSO, Kingston W. I. Jamaica, Registered at Companies Office of Jamaica - Registration no: 4131/2021, TRN no: 122324595/1 - +1876 421-2979, k-walters@gliszen.com,
and / or
Guangzhou Gliszen Technology Co., Ltd 1609, Building 3, No. 288, South Shixing Dadao Road, Shibi Street, Panyu District, Guangzhou City, Guangdong, 510630 China - Registered at the Guangdong Provincial Government of P.R. China - Registration no: 91440101MA9Y5WUU5 G - f-jarrar@gliszen.com.
Here it is important for the cooperation partner to distinguish between the contractual obligation that comes with the use of this marketing tool, as which Gliszen.com sees itself, and the contractual obligation that comes with a purchase on behalf of the customer.
As a result,
A. a one-time usage agreement for a term of one year (see General Terms of Use for Cooperation Partners), and
B. to each order by Gliszen.com on behalf of the clientele a unique sales contract.
In any case, the contractual partner is the company named above.
3. Acceptance of the applicable documents
By agreeing to these General Terms and Conditions, the cooperation partner also agrees to the legality of the following applicable documents and their contents:
A. Part A General Terms and Conditions (GTC) for end consumers
B. Part B General Terms and Conditions (GTC) for commercial customers (B2B)
C. General Terms of Use
D. The Gliszen Code of Conduct (GCC)
E. The Private Policy & Data Security
By accepting these terms and conditions, the user confirms in particular that he respects the rights of his clients, in the same way that he trusts that Gliszen.com respects his own.
4.
Conclusion of contract & order execution
4.1. The cooperation partner is obliged to be able to deliver the products placed on the website at any time, or to guarantee a delivery performance, provided that he has sufficient capacities according to his information on the website.
4.2. The binding order of a product specified on the website by the customer is accompanied by an equally binding obligation of the cooperation partner to deliver the ordered item, unless otherwise agreed in writing.
4.3. Subsequently, a purchase contract is concluded between the cooperation partner and the customer, represented by Gliszen.com. This purchase contract can
4.3.1. automated in the case of B2C business transactions, or,
4.3.2. in the case of B2B business transactions, via PDF
come about.
4.4. The cooperation partner undertakes to provide the ordered item ordered by the customer in accordance with the specifications defined by the customer on the website.
4.5. Gliszen.com will initiate payment for the ordered item - see chapter 6.
4.6. The logistics company is informed about the receipt of the order item.
4.7. With Once the delivery has been made to the logistics company, the order and thus the contract are deemed to have been fulfilled. The customer's rights to warranty (8) and product liability (9) as well as the right of withdrawal for end customers remain from those in 4.6. defined statement unaffected.
5. Distributors
One of the services of Gliszen.com is the cooperation with freelance distributors worldwide, who, just like the cooperating manufacturers, use the service of the platform to promote the sales of the articles of our partners.
The terms and conditions for this service are as follows:
A. Distributors are freelance sales partners of the company.
B. They independently place orders with the organization and thus its cooperation partner.
C. Distributors receive a commission for successful sales.
D. The amount of the commission is harmonized with the cooperation partners, taking into account various criteria such as purchase price, target market and sales probability, and is part of the sales price that Gliszen.com communicates to the clientele.
E. This commission is paid to the distributors after deduction of all costs by Gliszen.com.
F. Distributors shall also respect the rights of the clientele in accordance with chapters 3. and 8. of this provision.
G. The principle of independence applies to the selection of products, i.e., the distributor may market the products from the entire portfolio which, in his opinion, represent the highest sales opportunities for him. Gliszen.com will not have any influence on this.
H. Contact and side agreements of any kind are prohibited by Gliszen.com, unless otherwise agreed in writingbetween the organization and the partner.
6. Prices, payment and commission
The cooperation partner is obliged to harmonize the sales prices with Gliszen.com taking into account the following aspects:
6.1. Prices
6.1.1. The desired price of the cooperation partner must be realistic in relation to the target markets that Gliszen.com is aiming for (South & Central America, as well as the Caribbean Islands, North America and Africa).
6.1.2. The prices must be competitive enough to leave enough room to cover an additional percentage of profit for the sales partners, the so-called distributors.
6.1.3. The amount of the commission is a flat rate of 35%. However, it may vary depending on the target market and the probability of sales.
6.1.4. A calculation algorithm active in the background converts the cooperating manufacturer's price into the final sales price that covers this commission. Accordingly, the manufacturer does not need to do anything else
6.1.5. The regulations defined under 6.1.3. and 6.1.4. only apply to B2C transactions. For the B2B area, the commissions are negotiated individually.
6.1.6. The prices agreed between the cooperation partners must also cover the transport costs to the various local logistics partners. For this purpose, it is advisable to estimate a lump sum that covers the costs for regional delivery within China.
6.1.7. The regulations defined under 6.1.6. refer exclusively to B2C business transactions. Transport formalities in the settlement of a B2B transaction are handled individually analogous to the provisions of B2B trade (see B. General Terms and Conditions (GTC) for commercial customers (B2B) ).
6.1.8. For more information on the provisions defined in points 6.1.6. and 6.1.7. see chapter 7. "Delivery".
6.2. Payment & Commissions
6.2.1. After the conclusion of each contract in the B2C area, the cooperation partner is paid before the order is processed.
6.2.2. Accrued commissions are retained so that Gliszen.com can in turn pay out to the distribution channels.
6.2.3. For business transactions in the B2B area, the payment modalities according to Chapter 6 of the B. General Terms and Conditions (GTC) for commercial customers (B2B) apply.
6.2.4. The Company will initiate payment through standard commercial channels, such as bank transfer, credit card, or standard online payment services as shown on the website.
Attention!
Depending on their membership status, some cooperating manufacturers have the ability to communicate directly with customers and / or distribution channels. In no case is the cooperating manufacturer allowed to communicate prices that are above and / or below the retail price published by Gliszen.com.
Prices must remain uniform - see chapter 14.
7. Delivery
Gliszen.com uses the services of various cooperating logistics companies to execute orders.
The timely delivery of order items to customers is central to maintaining customer satisfaction among our clientele.
Therefore, our cooperation partners and their delivery performance play an essential role in ensuring this.
Accordingly, our terms and conditions apply as follows:
7.1. The customer purchases on the basis of the stock of goods declared by the cooperation partner. Therefore, he has a right to timely delivery.
7.2. Gliszen.com expects the cooperation partner to initiate the provision of goods immediately after receipt of the order, but no later than the morning of the following calendar day.
7.3. If a purchase order is received on a Friday, the company shall grant a postponement for dispatch to the following Monday.
7.4. Should the stock of goods have changed between the receipt of the order confirmation and the processing of the package in such a way that the order item is no longer available, the cooperation partner is obliged to inform Gliszen.com immediately in writing via the internal chat system, stating the order number. In addition, a message is to be sent to the logistics company that has been commissioned with the execution of the order.
7.5. After successful completion of the order, the cooperation partner sends the goods to the responsible logistics partner, who is responsible for the further execution of the order.
7.6. If Gliszen.com notices that the scenarios defined in point 7.4. are repeated more often, i.e., if the cooperation partner, contrary to its inventory information on the website, is repeatedly unable to deliver, the suspicion of negligence on the part of the cooperation partner applies. In these cases, the company retains the right to be adequately compensated for the loss of sales and the associated damage to its image. Further internal sanctions, such as expulsion from the platform, are at the discretion of the company.
7.7. The provisions on delivery performance according to the criteria defined in this Chapter 7 apply only to B2C transactions, with the exception of points 7.4 and 7.6.
7.8. B2B transport handling is handled separately and on demand according to its business nature. The communication of this takes place by e-mail with attached offer and contract formalities.
8. Complaints & Right of Refund
In the event of the following situations, the customer is entitled to a refund:
8.1. Withdrawal The customer is entitled to a 14-day period to cancel their order. This is an inviolable law of international trade and is applicable to most nations. He does not have to give any reasons for this. However, to preserve this right, he must return the goods at his own expense. Gliszen.com will always try to satisfy the customer otherwise, and thus avoid the burden of the refund and the associated expense. Attention: The right of withdrawal only applies to end customers, i.e., B2C clients.
8.2. Warranty End customers (B2C) as well as business customers (B2B) have the right to a 2-year warranty period. This means that the item is to be delivered free of any defects and, if used properly, will fulfil its function for a further 2 years. Wear and tear are excluded from this provision, provided that the wear and tear is due to proper use. In case of a defective delivery, Gliszen.com and its cooperation partners are obliged to either repair the damage, provide a replacement, or reduce the price, whichever is more reasonable in relation. Attention: The right to warranty applies to both end customers (B2C) and business customers (B2B), and the period starts only with the delivery to the customer or a third party designated by him, if this is not the exporter.
8.3. Product liability & claim for damages The person who manufactures products or places them on the market is obliged to ensure that no danger arises from these products. Against this background, customers are to be protected against damage to life, body and health and to property other than the defective item itself. Attention: The product liability laws are applicable to B2B as well as B2C customers and vary regionally - see also chapter 9 "Product safety".
8.4. For further information on the application of the topics set out in points 8.1. to 8.3., please refer to Part A. and Part B. of these Terms and Conditions (see A. General Terms and Conditions (GTC) for End Users & B. General Terms and Conditions (GTC) for commercial customers (B2B) ).
Gliszen.com will inform its cooperation partner as soon as possible if one of the scenarios described in points 8.1. to 8.3. occurs, in order to jointly define reaction measures.
9.
Product safety laws and their application at Gliszen.com
The US Consumer Product Safety Improvement Act (CPSIA) of the Consumer Product Safety Commission (CPSC) as well as Regulation (EU) 2019/1020 of the European Parliament and of the Council, and here explicitly Regulation 2001/95/EC of the European Commission on general product safety, are examples of regulations to ensure product safety in the United States of America and in the European Union.
They represent binding regulations which must be complied with in order to bring goods into circulation in the relevant economic areas and apply to all parties, irrespective of their place of business. They supplement the provisions on product liability (see 8.3.) and can be sanctioned with high penalties in the event of infringement.
We strongly recommend that partners be aware of the need to comply with such regulations prior to posting products on Gliszen.com, and to correspond with Gliszen.com regarding compliance or non-compliance with such regulations. The Company will then act appropriately and communicate this information to interested third parties such as distributors to avoid the affected markets as a result.
To this end, Gliszen.com has introduced appropriate checkboxes in the product placement area, which allow the manufacturer to communicate the appropriate status of the products in this regard.
Request more information at regulatory@gliszen.com.
10. Contract language
As an internationally operating company, Gliszen.com always strives to acquire customers and cooperation partners worldwide. Nevertheless, it is not always possible to publish all binding and obligatory documents in all languages. Therefore, only the English versions of the General Terms and Conditions as well as all other documents are legally binding . Other languages are for orientation purposes only.
11. Membership
To apply for membership as a cooperating business partner (manufacturer), send an e-mail to manufacturer@gliszen.com.
Depending on their membership status, cooperating manufacturers have different rights.
Gliszen.com distinguishes between
A. Basic Members
B. Premium members
C. VIP members
Premium and VIP members have some rights that contradict these terms and conditions.
The remaining clauses of this provision, which do not conflict with the rights of use of the premium and VIP members, remain unaffected.
Please contact marketing@gliszen.comfor detailed status information.
12. Communication
The company provides its cooperating partners and clientele with several communication options.
Among other things, various e-mail addresses can be found on Gliszen.com, which enable the participants to send topic-related inquiries by e-mail to the respective departments.
Another essential medium for communication is the Gliszen.com chat system.
Each account has such a chat window, through which a direct connection to the Gliszen.com administration can be established, and furthermore the communication with the other cooperation partners is guaranteed.
Especially in the operational area, this chat system represents a very efficient way of communication exchange.
For this reason, all parties and likewise all customers are called upon to regularly check their notifications on the portal, primarily in anticipation of a response to a concern not specified here.
13.
Confidentiality and non-disclosure clause
The contracting parties agree to take care of a responsible cooperation.
This applies in particular to the transfer of information to third parties and / or to the processing of information from the other, if information becomes known in this regard.
This applies to:
13.1. Price agreements with third parties on the portal, which are contrary to the advertised prices of Gliszen.com and are therefore classified as business damaging, unless it was explicitly agreed in writing such action, or the cooperation partner is entitled to do so due to its membership status.
13.2. Contacting the distribution channels of Gliszen.com, be it distributors and / or the customer itself, unless such action has been explicitly agreed in writing, or the cooperation partner is entitled to do so by virtue of its membership status.
Such violations will be considered a breach of trust and will result in immediate exclusion from the portal.
Conversely, the organization undertakes to act analogously to these provisions and to respect the confidential information of its partners.
14.
Place of jurisdiction & final clause
14.1. The law of the island state of Jamaica shall apply to the contractual relations between the cooperation partner and the company. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
14.2. Should any provision of these GTC be / become invalid, the validity of the remaining provisions shall not be affected thereby. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the invalid provision.
15. Supplementary documents
0. Introduction
Gliszen.com, hereinafter also referred to as the Company and / or the Society and / or the Organization, is a product of Guangzhou Gliszen Technology Co., Ltd 1609, Building 3, No. 288, South Shixing Dadao Road, Shibi Street, Panyu District, Guangzhou City, Guangdong, 510630 China.
The company claims to be a service provider, mediating business activities between various manufacturers from China on the one hand and the consumers on the other hand, and supporting the transport of goods.
For this, the company receives a fee (intermediary) from its cooperation partners, the manufacturers in China, which also applies to the Gliszen.com distribution partners.
This means that none of the products advertised on this web site are manufactured by Gliszen.com, nor is the production of any of them contracted out to Gliszen.com.
In accordance with this definition on the part of the company, the GTCs written here are derived.
Among other things, but not exclusively, it is necessary to agree to these provisions in order to conclude a transaction on this portal.
These General Terms and Conditions are subject to internal revision.
Please refer to the end of the page (the footer) for the current index.
Gliszen.com commits itself to inform its contracting parties about any change, adjustment, supplement and, if necessary, new arrangement of the GTCs immediately, however, at the latest before a renewed conclusion of a contract.
Further binding regulations for all contracting parties are contained in
Due to Gliszen.com's business structure, several subcontracts of various interest groups with one and the same goal are concluded at the same time.
According to this multi-party system, it is indispensable that the company defines and categorizes the GTCs accordingly,
A. General terms and conditions (GTC) for end users,
B. General Terms and Conditions (GTC) for commercial customers (B2B ),
C. General terms and conditions (GTC) for cooperation partners,
D. General Terms and Conditions (GTC) for distributors (sales partners) and
E.General terms and conditions (GTC) for logistic services.
1. Scope
2. Contractors
3. Conclusion of contract
4. Right of withdrawal
5. Prices and shipping costs
6. Delivery
7. Payment and refund modalities
8. Return- and complaint management
9. Communication
10. Disclaimer
11. Dispute resolution
12. Place of jurisdiction and final clause
13. Supplementary documents
1. Scope
These General Terms and Conditions (GTC) for end consumers apply to all business transactions on Gliszen.com between the cooperation partners of the company (the manufacturers) and the consumer, under the mediation (mediation) by Gliszen.com, hereinafter also referred to as the company and / or the society and / or the organization. The end consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither their commercial nor their independent professional activity can be attributed.
2. Contractors
A one-time intermediary contract, hereinafter also referred to as contract for short, is concluded between the customer and the company, represented by
Guangzhou Gliszen Technology Co., Ltd 1609, Building 3, No. 288, South Shixing Dadao Road, Shibi Street, Panyu District, Guangzhou City, Guangdong, 510630 China - Registered at the Guangdong Provincial Government of P.R. China - Registration no: 91440101MA9Y5WUU5 G - +49 178 28812-66/ k-walters@gliszen.com -
and / or
Guangzhou Gliszen Technology Co., Ltd 1609, Building 3, No. 288, South Shixing Dadao Road, Shibi Street, Panyu District, Guangzhou City, Guangdong, 510630 China - Registered at the Guangdong Provincial Government of P.R. China - Registration no: 91440101MA9Y5WUU5 G - +49 178 28812-66/ f-jarrar@gliszen.com
which in turn authorizes the Company to conclude the purchase contract for the Customer with the Company's cooperation partners while preserving all rights of the end users.
This contract shall be deemed to have been fulfilled upon successful delivery of the subject matter of the contract to the customer.
3. Conclusion of contract
3.1. The presentation of the products in the online shop does not constitute a legally binding offer, but only an invitation to order, and are only used for orientation.
3.2. By clicking the order button [order with costs] you place a binding order for the goods listed on the order page and you will be asked to make payment to complete the order. Your intermediary contract is concluded.
3.3. You will the receive a confirmation message on our part by E-Mail, which contains the detailed contract modalities.
3.4. Gliszen.com will then place an order with the manufacturing cooperation partners on your behalf and instruct the cooperating logistics partners to process the order.
3.5. Within the settlement period, which corresponds to the period between the provision of the goods and the shipping confirmation, you can cancel the intermediary contract at any time free of charge. For this purpose, Gliszen.com provides you with the following cancellation & withdrawal form, which you will also find in the confirmation message. Your payment will be refunded to you free of any deductions or fees. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.
3.6. After confirmation of dispatch, your right to cancel from the contract is temporarily forfeited, but your right to withdraw remains unaffected - see withdrawal policy.
4. Right of withdrawal
4.1. If you are a consumer (i.e., a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions. Your right of withdrawal expires 14 days after successful receipt of the goods (see withdrawal policy). Regulations regarding product liability (e.g., ProdHaftG) and the statutory warranty period remain unaffected by this provision.
4.2. If you, as a consumer, make use of your right of withdrawal according to section 4.1, you have to bear the regular costs of the return shipment.
4.3. In all other respects the regulations apply to the right of withdrawal, which are defined in detail in the following
- withdrawal policy -
Right of withdrawal for consumers
You have the right to withdraw this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us,
of your decision to withdraw from this contract by sending a clear declaration by email to withdrawal@gliszen.com .
You can use the attached cancellation & withdrawal form for this purpose, which is, however, not mandatory.
If you make use of this option, we will immediately send you a confirmation e-mail about the receipt of such a withdrawal.
You can also fill in the cancellation & withdrawal form or another clear declaration electronically on our website www.Gliszen.com and send it to us.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract.
If you withdraw only a partial delivery (partial withdrawal), we reserve the right to refund only that part of the shipping costs that is attributable to this partial delivery.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have sent the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
For this purpose, please send us a copy of the transmission receipt.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
- End of the withdrawal policy -
5. Prices and shipping costs
5.1. The prices stated on the product pages are net prices and do not include the statutory value added tax.
5.2. In addition to the prices shown, we charge shipping costs per order. These may vary depending on the destination and shipping method, whereby Gliszen.com always strives to offer its clientele multiple shipping options, and in this context to offer multiple options on shipping costs and shipping time - see chapter 6 "Delivery". All this information will be clearly communicated to you in the shopping cart system, even before the conclusion of the contract. All order details defined in chapters 5.1. and 5.2. are also reflected in the transmitted confirmation message.
5.3. Further taxes and / or costs may apply according to the regulations for importing products in the individual countries and may also vary - see chapter 6 "Delivery".
6. Delivery
Gliszen.com uses the services of various cooperating logistics companies to execute orders.
Nevertheless, the timely delivery of order items is essentially also influenced by local conditions, for this reason the delivery modalities apply as follows:
6.1. Unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information and are only used for orientation.
6.2. The customer can see the delivery times in the shopping cart. Furthermore, these are also visible in the confirmation message.
6.3. The commencement of the delivery period stated by us is subject to the timely and proper fulfilment of the purchaser's obligations. We reserve the right to plead non-performance of the contract. The proper fulfilment of the purchaser's obligations includes, among other things:
6.3.1. The correct and unambiguous indication of the designated delivery address, if this differs from the address at registration.
6.3.2. The timely payment on the part of the purchaser.
6.3.3. Clarification of any import regulations in the country of destination - ideally you should contact the customs authority relevant to you before concluding the contract.
6.3.4. The guarantee of acceptance of goods upon delivery. If the customer is in default of acceptance or culpably violates other obligations to cooperate, Gliszen.com is entitled to demand compensation for the resulting damage and any resulting additional expenses.
6.4. The customer receives a tracking ticket, with which he can follow the sending process.
6.5. In case of delay in delivery, the customer can request Gliszen.com to deliver within a further reasonable period of time in text form one week after the specified delivery period has been exceeded. For this purpose, Gliszen.com provides the following complaint form , which should ideally be sent to the Support at complaint@Gliszen.com. Should Gliszen.com still not have fulfilled its obligations within this period of time, it is incumbent upon the customer to immediately withdraw / cancel from the contract.
6.6. Further legal claims and rights of the purchaser due to a delay in delivery remain unaffected.
6.7. Attention: According to article 6.3.3. customs authorities are entitled to charge import taxes and duties for orders from a second or third country. This is sometimes dependent on the net value of the goods ordered and varies in amount depending on the legal requirements of the destination country. Please inform yourself in advance of your order with the authorities responsible for your country from which amount duties and taxes are levied, and up to which value of goods the tax and duty-free limit applies.
7. Payment- and refund modalities
7.1. Before executing the order, Gliszen.com always requires payment of the full amount as specified in the confirmation message.
7.2. To pay the amount due, the company offers you optional payment methods. This may incur fees for the customer that are beyond the control of Gliszen.com.
7.3. The order is only legally binding for Gliszen.com from the moment the outstanding amount has been paid in full.
7.4. For the repayment of amounts, regardless of the trigger, we use the same means of payment that you used in the original transaction, unless otherwise expressly agreed with you.
8. Return- and complaint management
Gliszen.com is committed to its clientele. Although the organization cooperates with the manufacturing companies that offer their goods for sale here, we always focus on customer orientation. This also applies to all partners of Gliszen.com, who have unconditionally agreed to the quality policy of Gliszen.com.
Therefore, the following applies, completely detached from the irrevocable right of the customer to withdraw from his / her part:
8.1. Warranty law
8.1.1. The customer has the right to a 24-month warranty period, which Gliszen.com is committed to uphold.
8.1.2. If a defect is discovered, our provisions shall apply as follows:
8.1.2.1. The customer is advised to fill in the following complaint form and send it to Gliszen.com at complaint@Gliszen.com.
8.1.2.2. Gliszen.com will promptly correspond back to the customer a case number under which the facts will be reviewed internally.
8.1.2.3. In the event of consent on our part, we reserve the right to adequate subsequent performance. Adequate in accordance with the provisions means, that the company is
allowed to have
2 attempts to repair the damage and
1 attempt to replace the damage,
taking into account the proportionality between the estimated costs of subsequent performance and the net value of the goods complained about.
8.1.2.4. Should Gliszen.com, despite its best efforts, not be able to meet the customer's needs to his satisfaction, the customer is free to step back from the contract, bearing in mind that for minor damages only a reduction in the purchase price is possible.
8.1.2.5. Note: The provisions defined in 8.1.2.1 to 8.1.2.4 do not apply to the wear and tear of products as a result of their "normal use".
8.1.3. The provisions on product liability, which are generally guaranteed by our cooperating manufacturers, remain unaffected by these regulations. In this respect, the information in the product descriptions must be observed even before conclusion of the contract.
8.2. return and replacementpolicy
Gliszen.com, and therefore its affiliates, are not obligated to provide a blanket policy for the exchange and return of items outside of the warranty and withdrawal provisions.
Nevertheless, we grant these rights on a case-by-case basis, leaving it to the discretion of the manufacturing collaborators and the organization when and under what circumstances this right is granted.
The following applies for the purpose of checking and, if necessary, guaranteeing a right of exchange or return:
· In the event of a positive decision, the goods must be returned in their original packaging. This includes all internal packaging units that belong to the affected article and all shipping documents and invoices as well as labels and stickers in and / or on the product.
· Only items that have been in the customer's possession for 21 days from the date of delivery to the customer are eligible for application. This period includes the 14-day withdrawal period - see chapter 4 "Right of withdrawal".
· Excluded from exchange and / or return are:
Ø Articles from the range of swimwear and underwear - for hygienic reasons
Ø Products from the cosmetic sector whose hygiene, safety or freshness seals have been broken.
Ø Made to measure and special designs
Ø Items from special offers and various other promotions that indicate a reduction in price from the original price.
To verify your request in this regard, please complete the return & replacement form and return it to us at return@Gliszen.com.
9. Communication
The company provides its cooperating partners and clientele with several communication options.
Among other things, various e-mail addresses can be found on Gliszen.com, which enable the participants to send topic-related inquiries by e-mail to the respective departments.
Another essential medium for communication is the Gliszen.com chat system.
Each account has such a chat window, through which a direct connection to the Gliszen.com administration can be established, and furthermore the communication with the other cooperation partners is guaranteed.
Especially in the operational area, this chat system represents a very efficient way of communication exchange.
For this reason, all parties and likewise all customers are called upon to regularly check their notifications on the portal, primarily in anticipation of a response to a concern not specified here.
10. Disclaimer
10.1. Claims for damages by the customer are excluded, unless otherwise specified below. The above exclusion of liability also applies in favor of the legal representatives and vicarious agents of Gliszen.com, if the customer asserts claim against them.
10.2. Excluded from the exclusion of liability stipulated in clause 10.1. are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of major contractual obligations. Major contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, such as, for example, the handover of the item free of material damage. Also excluded from the exclusion of liability is liability for damages resulting from an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
10.3. Regulations of the product liability law remain unaffected.
10.4. Questions, suggestions and complaints regarding product liability and product safety should be sent to regulatory@gliszen.com using the regulatory form.
11. Dispute resolution
There are various contact points for dispute resolution and mediation outside the courts.
For this purpose, the EU Commission, for example, has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr .
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. With the focus on the satisfaction of our clientele, Gliszen.com is firmly convinced that we can resolve disagreements in direct dialogue with our customers.
12. Place of jurisdiction and final clause
12.1. The contractual relations between the supplier and the customer shall be governed by the law of the island state of Jamaica. Excluded from this choice of law are the mandatory consumer protection provisions of the country in which the customer has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
12.2. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
12.3. Should a provision of this set of rules be / become ineffective, the effectiveness of the remaining provisions will not be affected. The parties undertake to replace an ineffective provision with an effective provision that comes as close as possible to this provision.
13. applicable documents
1. Scope
2. Contractors
3. Acceptance of the applicable documents
4. Importance of interacting with Gliszen.com
5. Conclusion of contract & order execution
6. Prices, payment and commission
7. Delivery performance
8. Complaints & Right of Refund
9. Product safety laws and their application at Gliszen.com
10. Extended exclusion clause
11. Contract language
12. Membership
13. Communication
14. Confidentiality and non-disclosure clause
15. Place of jurisdiction & final clause
16. Supplementary documents
1. Scope
These General Terms and Conditions (GTC) for distributors, hereinafter also referred to as distributors, apply to all business transactions or the mediation of business transactions on Gliszen.com. They are part of the agreement between the distributors and Gliszen.com itself, hereinafter also referred to as the company and / or the society and / or the organization.
Distributor (sales partner) in the sense of this provision is every freelance small and micro entrepreneur who pursues an independent sales activity, has declared this to the appropriate regional authorities, and wants to start a corresponding sales activity on Gliszen.com.
Attention:
Gliszen.com points out that it is not the company's task to verify the validity and legality of distributors' business and its registration. Consequently, it will not be responsible for any misconduct on the part of distributors regarding bogus self-employment or other misrepresentations.
2. Contractors
By agreeing to a partnership, the distributor (sales partner) equally enters into a verbal contractual obligation with the company, represented by
Jaikaski, Owner: Kimberley Sacha-Gaye Walters, 13 Lissant Road, Kingston CSO, Kingston W. I. Jamaica, Registered at Companies Office of Jamaica - Registration no: 4131/2021, TRN no: 122324595/1 - +1876 421-2979 / k-walters@gliszen.com
and / or
Guangzhou Gliszen Technology Co., Ltd 1609, Building 3, No. 288, South Shixing Dadao Road, Shibi Street, Panyu District, Guangzhou City, Guangdong, 510630 China - Registered at the Guangdong Provincial Government of P.R. China - Registration no: 91440101MA9Y5WUU5 G - +49 178 28812-66/ f-jarrar@gliszen.com .
3. Acceptance of the applicable documents
By agreeing to these General Terms and Conditions, the distributor equally agrees to the legality of the following applicable documents and their contents:
A. Part A General Terms and Conditions (GTC) for end consumers
B. Part B General Terms and Conditions (GTC) for commercial customers (B2B)
D. The Gliszen Code of Conduct (GCC)
E. The Private Policy & Data Security
By accepting these terms and conditions, the distributor recognizes that he is respecting the rights of customers and trusts that Gliszen.com will respect and protect his own the same equally.
4.
Importance of interacting with Gliszen.com
Gliszen.com offers the cooperating distributors a platform to establish an independent URL and thus successfully promote the products included in the website's portfolio. In addition, distributors are free to link this URL to their own social networks, subject to the General Terms of Usefor Distributors and the Gliszen Code of Conduct (GCC).
For the use applies among other things:
A. Careful handling. The sales partner is obliged to handle the platform (URL) made available to him and its contents carefully and responsibly.
B. Photographs and videos from Gliszen.com. Photographs and videos provided by the company and its cooperating partners must be protected from misuse.
C. Other photographs and videos Distributors are required to respect copyrights and the rights of third parties, in particular with regard to photographs and videos of third parties.
D. Promotion of other products. The promotion of external parties’ products on Gliszen.com is prohibited. Similarly, the uploading of images and videos to promote products that do not belong to the company and its cooperation partners is also strictly prohibited.
E. Representative character Gliszen.com is a cosmopolitan and tolerant company. It advocates and promotes diversity and demands the same from its distributors. For this reason, distributors must respect the freedom, independence and individuality of each individual, distance themselves from racism, sexism and religious intolerance and reject the use of violence against others.
F. Own social networks If Distributors violate the provisions defined in paragraph E. on their own social networks, it is at the discretion of the liberties of this person to do so. However, if this becomes known, Gliszen.com will distance itself from these individuals in the strongest possible terms and will consider cancelling the business relationship.
5.
Conclusion of contract & order execution
For B2C sales, the following applies:
5.1. The distribution partner has its own URL with a separate shopping cart for customers.
5.2. Upon completion of a purchase by the client, the distribution partner as well as Gliszen.com itself will be informed automatically.
5.3. The customer receives an automated order confirmation with the essential contents of the contract and the information about the purchased goods.
5.4. Further information is received by the manufacturing cooperation partner as well as by the cooperating logistic company, which in turn initiate the processing of the order.
5.5. If the order has been executed and the goods have been delivered to the customer, the distributor has the right to receive payment of the commission after the expiry of a 14-day right of withdrawal (see A General Terms and Conditions (GTC) for end consumers)(see point 6.2.).
For B2B sales, the following applies:
5.6. Business transactions with a correspondingly higher order volume in the B2B area are not processed automatically, since the delivery modalities and the sales prices can vary, but do not have to.
5.7. The distributor can handle B2B orders from its clientele in two ways:
5.7.1. The customer sends his request directly to Gliszen.com.
5.7.2. The customer addresses his request to the distributor, who in turn seeks contact with the head office and communicates the order.
In order to protect the interests of the distributor, the company recommends that the procedure set out in section 5.7.2 be followed. The payment of any commissions accruing can be tracked more practically under these conditions.
5.8. Further essential information on B2B business transactions per se, their payment modalities and their handling can be found in the relevant GTCs (B General Termsand Conditions (GTC) for commercial customers (B2B) ).
6. Prices, payment and commission
Gliszen.com and its cooperation partners will define harmonized prices that include a commission fee for sales representatives (distributor).
Distributors have to take into account possible import VAT rates and customs costs that could be claimed.
In this regard, the company recommends contacting the local authorities at an early stage.
6.1. Prices are composed as follows:
6.1.1. Price of the cooperation partner, which is based on the target markets.
6.1.2. Cost of inland transportation within China.
6.1.3. Costs for handling the orders (handling costs) on the part of the logistics partners (repacking / packing, labelling and tagging, etc.)
6.1.4. Percentage profit sharing for Gliszen.com and its distributors.
Prices quoted are always net prices. Any applicable taxes and customs duties must be taken into account and paid by the distributors and / or their clients.
6.2. Payment & Commissions
6.2.1. The amount of the commission lump sum is usually 35%of the net prices of the products, unless otherwise agreed in writing. Here, 20 to 25% isfor the benefit of the sales representative, depending on his / her status in the organization, and 10%is for the benefit of the company, which needs it to cover its own costs and guarantee the maintenance of the system.
6.2.2. A commission of 20%is paid to regular sales agents / sales representatives. Regional sales managers receive 25% ofthe net sales price. In addition, regional sales managers receive a further 5% from the revenues generated by the sales agents they supervise. This is an expense allowance for administrative activities that the regional sales managers have to perform.
6.2.3. For administrative reasons, each regular sales agent / sales representative is subject to a regional sales manager, which is why a percentage of 25% is alwayspaid out with each purchase, and the organization never claims more than the 10% mentioned under 6.2.1.
6.2.4. The distributor is entitled to a commission after the 14-day withdrawal period has expired.
6.2.5. For logistical and practical reasons, any commissions accrued will be retained for the time being and only paid out at the end of the month.
6.2.6. Gliszen.com will charge a handling fee for any payment or special payment that deviates from regulation 6.2.5.
6.2.7. The company will initiate the payment through the usual commercial channels, such as bank transfer, credit card or standard online payment services as presented on the website. In doing so, the company retains the right to choose the most cost-effective payment method in the interest of both parties.
6.2.8. The pricing and commission structure discussed in this chapter is not applicable to the B2B area. These must be negotiated separately, in accordance with the nature of this business model.
7. Delivery performance
Although customer satisfaction, and therefore the satisfaction of our sales staff, is an essential aspect of the Gliszen.com philosophy, and delivery performance in particular is an essential part of this, Gliszen.com cannot guarantee 100% that all deliveries will arrive or be completed just-in-time.
The company always strives to optimize procedures and processes to the best of its ability. However, there are various factors outside the company's sphere of influence that need to be taken into account and occasionally stand in the way of optimal delivery performance.
Accordingly, our terms and conditions apply as follows:
7.1. The customer purchases on the basis of the stock of goods declared by the manufacturing cooperation partner.
7.2. The manufacturing cooperation partner will initiate the provision of goods immediately after receipt of the order, but no later than the following calendar day.
7.3. After successful completion of the order, the manufacturing cooperation partner sends the goods to the responsible logistics partner, who is responsible for the further execution of the order.
7.4. If the stock of goods changes to the negative between the receipt of the order and the dispatch of the package, so that the ordered item can no longer be delivered, the company will inform the sales representative in writing as soon as this becomes known.
7.5. The company as well as its cooperating partners do not assume any liability for events of force majeure that negatively affect a delivery performance.
7.6. For possible payment of customs and tax duties, the ordered products should not exceed the allowances in their value. Both the customer and the distributor are responsible for obtaining information on whether and in what amount these allowances are available. The Distributor is obliged to inform the customer about this fact in advance of the order and to refer to the relevant statute of the GTC.
7.7. The company's cooperating manufacturers are responsible for maintaining the inventory on Gliszen.com. In the event that failures in this regard should stand in the way of timely delivery, or even if delivery is not possible, Gliszen.com assumes no liability for this.
7.8. In the event of the occurrence of the scenario defined in section 7.7, Gliszen.com will inform the Distributor in writing as soon as it becomes known.
7.9. If Gliszen.com determines that the scenarios defined in point 7.7. are repeated more frequently and the cooperating manufacturer and its performance prove to be unreliable, the company will sanction it in the interest of the distribution partners. This may lead to the exclusion of the manufacturer from the website.
7.10. The provisions on delivery performance according to the criteria defined in this Chapter 7, with the exception of points 7.4. to 7.9., apply only to B2C transactions.
7.11. B2B transport handling is handled separately and on demand according to its business nature (B General Terms and Conditions(GTC) for commercial customers (B2B)). The communication of this takes place by e-mail with attached offer and contractual formalities.
Attention:
From 01.07.2021, new import regulations (IOSS) will apply to the European Economic Area.
For this reason, please explicitly draw the attention of your clients, and in particular the end consumers within the EU, to the fact that, in view of this, only logistics service providers qualified for this purpose should be selected.
Gliszen.com will label them accordingly.
8. Complaints & Right of Refund
In the event of the following situations occurring, the customer has the right to a refund, which must also be partially respected by the distributors:
8.1. Withdrawal & Cancellation
The customer has the right to cancel his order previous to the delivery and furthermore, he is granted a 14-day period to withdraw his order after he received it.
He does not have to give reasons for this.
This is an inviolable law of international commerce and is applicable to most nations. Gliszen.com will take steps to otherwise satisfy the customer in order to avoid the burden of refund and thus the refund / withholding of commission.
These measures may possibly result in a reduction in order-related commissions.
Attention:The right of withdrawal only applies to end customers, i.e., B2C clients.
If the buyer insists on his right of withdrawal, the distributor is required to waive his commission.
8.2. Warranty End customers (B2C) as well as business customers (B2B) are entitled to a 2-year warranty period. In this context, warranty means that the item is to be delivered free of any defects and will continue to fulfil its function for a further 2 years if used properly. Wear and tear are excluded from this provision, provided that the wear and tear is due to proper use. In case of a defective delivery, Gliszen.com and its cooperation partners are obliged to either repair the damage, provide a replacement, or reduce the price, whichever is more reasonable in relation. Note: The right to warranty applies to both, end customers (B2C) and business customers (B2B), and the manufacturer is responsible for safeguarding it. The distributor's right to commission compensation therefore remains unaffected here.
8.3. Product liability & claim for damages The person who manufactures products or places them on the market is obliged to ensure that no danger arises from these products. Against this background, customers are to be protected against damage to life, body and health and to property other than the defective item itself. Attention:The product liability laws are applicable to B2B as well as B2C customers and vary regionally. In the first instance, the manufacturer is liable for damages and breaches. In some regions, however, the importer is held equally responsible, as it is the importer who placed the goods on the market. Distributors are therefore urged to familiarize themselves with the regional regulations regarding product liability and product safety before selling goods, and to make sure which products on Gliszen.com comply with these regulations - see also Chapter 9 "Product Safety".
8.4. For further information on the application of the topics set out in points 8.1. to 8.3., please refer to Part A. and Part B. of these Terms and Conditions (B General Terms and Conditions (GTC) for commercial customers (B2B) & A General Terms and Conditions (GTC) for end consumers ).
If one of the scenarios described in sections 8.1. to 8.3. occurs, Gliszen.com will inform all cooperation partners involved in the transaction, including the cooperating distributors, immediately after the incident becomes known, in order to determine response measures together with them.
9.
Product safety laws and their application at Gliszen.com
9.1. Product Safety Laws
The US Consumer Product Safety Improvement Act (CPSIA) of the Consumer Product Safety Commission (CPSC) as well as Regulation (EU) 2019/1020 of the European Parliament and of the Council, and here explicitly Regulation 2001/95/EC of the European Commission on general product safety, are examples of regulations to ensure product safety in the United States of America and in the European Union.
They represent binding regulations which must be complied with in order to bring goods into circulation in the relevant economic areas and apply to all parties, irrespective of their place of business. They supplement the provisions on product liability (see 8.3.) and can be sanctioned with high penalties in the event of infringement and / or liability.
Therefore, we strongly recommend that distribution partners,
A. be aware of the need to comply with such regulations even before promoting the products of Gliszen.com and its partners,
B. and to check the conformity or non-conformity of various articles with these specifications before they are sold,
C. and if in doubt, refrain from selling.
The cooperating manufacturers are obliged to define information regarding product conformity in the product description.
Questions from sales staff in this regard are received at regulatory@gliszen.com and will be forwarded to the subject departments.
9.2. Product liability & product safety Product liability is closely linked to product safety regulations, as many product liability cases have their origin in disregard for product safety. It states that the manufacturer of the product is obliged to pay compensation to the injured party if someone dies, their body or health is injured or something other than the defective item itself has been damaged as a result of a defect in a product. A product is defective if, taking all circumstances into account, it does not offer safety, in particular in
A. his performance,
B. his reasonable Expected use,
C. the date of placing it on the market,
which one can reasonably expect from it.
According to the laws of some countries and regions, the entire supply chain is liable for violations of these regulations.
9.3. Gliszen.com is unable to review and validate all global compliance requirements to determine which products meet which regional regulations. We therefore recommend that our distributors always contact the compliance team at regulatory@gliszen.com if in doubt or if they have any questions.
10. Extended exclusion clause
10.1. Distributors on Gliszen.com are not allowed to promote products on the platform that are in direct competition with Gliszen.com products. The same applies to uploading videos and photos, as well as linking to other websites and social media that are in direct competition with the organization.
10.2. Linking to websites and social media that provide products that Gliszen.com does not offer may be permitted after successful verification by the organization. However, the formulation of such a request must have taken place in advance and must have been approved by the organization.
10.3. This statute applies in particular to content that is contradictory with the Gliszen Code of Conduct (GCC), such as pornographic content or discriminatory depictions of any kind.
11. Contract language
As an internationally operating company, Gliszen.com always strives to acquire customers and cooperation partners worldwide. Nevertheless, it is not always possible to publish all binding and obligatory documents in all languages. Therefore, only the English versions ofthe General Terms and Conditions as well as all other documents are legally binding . Other languages are for orientation purposes only.
12. Membership
To apply for distribution membership, write to us at distributor@gliszen.com .
13. Communication
The company provides its cooperating partners and clientele with several communication options.
Among other things, various e-mail addresses can be found on Gliszen.com, which enable the participants to send topic-related inquiries by e-mail to the respective departments.
Another essential medium for communication is the Gliszen.com chat system.
Each account has such a chat window, through which a direct connection to the Gliszen.com administration can be established, and furthermore the communication with the other cooperation partners is guaranteed.
Especially in the operational area, this chat system represents a very efficient way of communication exchange.
For this reason, all parties and likewise all customers are called upon to regularly check their notifications on the portal, primarily in anticipation of a response to a concern not specified here.
14.
Confidentiality and non-disclosure clause
The contracting parties agree to take care of a responsible cooperation.
This applies in particular with regard to the disclosure of information to third parties and / or with regard to the processing of information of the other party, should information in this regard be obtained.
This applies to:
14.1. Price agreements communicated on the portal with third parties, which are contrary to the advertised prices of Gliszen.com and are therefore classified as damaging to business, unless this has been expressly agreed in writing.
14.2. To contact and / or attempting to contact the manufacturing cooperation partners of Gliszen.com, unless such action has been explicitly agreed in writing, and / or the cooperation manufacturer is entitled to actively establish contact due to his member status.
Such violations will be considered a breach of trust and will result in immediate exclusion from the portal.
Conversely, the organization also undertakes to act in accordance with these provisions and to respect the confidential information of its partners.
15.
Place of jurisdiction & final clause
15.1. The law of the island state of Jamaica shall apply to the contractual relations between the Distributors and the company. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
15.2. Should any provision of these GTC be / become invalid, the validity of the remaining provisions shall not be affected thereby. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the invalid provision.
16. Supplementary documents
A General Terms and Conditions (GTC) for end consumers
1. Scope
2. Contractors
3. Technical requirements
4. Registration on Gliszen.com
5. Award of contract
6. Order fulfillment
7. Prices & delivery dates
8. Delivery item
9. Import regulations of the intended country of destination
10. Right of withdrawal, warranty law, product liability & claim for damages
11. Payment modalities
12. B2B - Business
13. Force majeure
14. Contract language
15. Membership
16. Change management
17. Communication
18. Confidentiality and non-disclosure clause
19. Place of jurisdiction & final clause
20. Supplementary documents
1. Scope
These terms and conditions regulate the general conditions for order fulfillment on Gliszen.com and apply to:
A. All logistics service providers who wish to cooperate with the Company and are authorized, empowered and qualified to do so.
B. By “qualified” Gliszen.com understands that both, the necessary expertise for the execution of the order is available, as well as the relevant technical conditions are presupposed, in order to accomplish the order fulfillment, as Gliszen.com understands it.
2. Contractors
This service and use agreement is concluded between:
Gliszen.com, represented by
Jaikaski, Owner: Kimberley Sacha-Gaye Walters, 13 Lissant Road, Kingston CSO, Kingston W. I. Jamaica, Registered at Companies Office of Jamaica - Registration no: 4131/2021, TRN no: 122324595/1 - +1876 421-2979 / k-walters@gliszen.com ,
and / or
Guangzhou Gliszen Technology Co., Ltd 1609, Building 3, No. 288, South Shixing Dadao Road, Shibi Street, Panyu District, Guangzhou City, Guangdong, 510630 China - Registered at the Guangdong Provincial Government of P.R. China - Registration no: 91440101MA9Y5WUU5 G - +49 178 28812-66/ f-jarrar@gliszen.com,
hereinafter also referred to as the company / the society / the organization,
and the logistics partner, hereinafter also referred to as the contractual partner and / or contractor and / or partner.
3. Technical requirements
In order to be able to use the services offered by Gliszen.com and, vice versa, to provide the logistics services to the company, it is imperative that the contractual partner has an API interface through which Gliszen.com then links up with the partner for the purpose of placing orders.
4. Registration on Gliszen.com
Registration on Gliszen.com is free of any fees for our logistics partners.
A cooperation with Gliszen.com leads to the following added value for the contractual partner.
4.1. Profile on Gliszen.com The logistics partner is offered a profile on the portal, through which he can market himself representatively on the platform. On this profile / account he is enabled and authorized to communicate with the other partners of Gliszen.com, such as manufacturers, distributors and customers, via a chat system.
4.2. Marketing Advantages Gliszen.com's marketing and IT departments pursue an aggressive marketing campaign, which inevitably leads to a variety of external parties becoming increasingly aware of our contractors.
4.3. Ongoing growth Ongoing growth of the platform can also lead to ongoing growth of our contractors.
5. Award of contract
Registration on the Gliszen.com portal does not automatically lead to the award of a contract.
Gliszen.com only offers the possibility to generate orders.
The choice of awarding the contract is made by the customer himself by:
A. registering on the portal,
B. visiting the portal,
C. selecting the product of his choice from the portfolio and moving it to the shopping cart,
D. selecting the delivery method most favorable to him before concluding the transaction.
E. and then completing the purchase.
F. The statements made in points 5 A. to E. refer only to B2C business transactions. B2B business transactions are corresponded by e-mail on a case-by-case basis and the orders are processed analogously.
The only way of influence by the contractor is his advertised service.
That is, can he delight Gliszen.com's clientele with a healthy price-performance ratio and are his other delivery terms customer-oriented too?
6. Order fulfillment
For customer-oriented order fulfillment, the following documents must be accepted and are therefore are binding for the contractual partner.
6.1. Part A General Terms and Conditions (GTC) for end consumers
6.2. Part B General Terms and Conditions (GTC) for commercial customers (B2B)
Both sets of rules contain essential rights of both types of customers, which are binding for Gliszen.com for all other parties, especially for parties directly involved in the execution of the order.
7. Prices & delivery dates
7.1. The prices and delivery dates / -periods in the customer's shopping cart are binding on the contractual partner, unless there are obvious errors and mistakes.
7.2. The prices and delivery dates / deadlines are generated by the API interface. In this respect, both parties, Gliszen.com as well as its partners, undertake to maintain and control their own systems regularly and to inform the respective contractual partner immediately if a technical weakness becomes known.
7.3. The prices entered in the system should include the cost of repackaging in neutral cardboard boxes or, if provided, in Gliszen.com specific repackaging.
7.4. The Gliszen.com packaging mentioned in 7.3. will be provided by the organization to the contractors if necessary.
7.5. The handling of import formalities is also an integral part of a B2C logistics solution and should therefore also be carried out and included in the price and delivery details, unless the value of the goods ordered exceeds a certain tax allowance.
7.6. The service provider will not be held liable for events of force majeure, but the contracting partner must provide evidence that the occurrence is indeed an event of force majeure.
7.7. The statements made in points 7.1. to 7.5. refer exclusively to B2C business transactions. B2B business transactions are corresponded by e-mail on a case-by-case basis and the orders are processed analogously.
7.8. The contractual partner is entitled to an expense allowance for non-performance due to incorrect information provided by the customer. This is requested from the customer. If the customer has already paid for the goods, the compensation will be deducted proportionally from this amount and paid out to the contractual partner.
8. Delivery item
The following products are presented on Gliszen.com:
A. Short term:
· T-Shirts, Blouses & Shirts
· Dresses, Suits & Eveningwear
· Casual clothing like jeans products
· Handbags, Shoes & Accessories
B. Medium term
Natural care and beauty products like...
· Body lotions, body creams & hair dewaxes
· hair extensions, artificial fingernails, natural nail polish and related beauty products
C. Medium term
Non-electronic beauty accessories like...
· Nail arrows, nail scissors, manicure sets, etc.
9.
Import regulations of the intended country of destination
Gliszen.com assumes that its contractual partners know the requirements of the delivery modalities in the B2C area and can manage them without any problems.
Accordingly, we expect the following.
9.1. The fulfillment of the order also includes the clearance of imports in the destination country, provided that the ordered products do not exceed an upper allowance in the value of the goods.
9.2. The customs formalities of the destination country are known to the contractual partner. And even if it is primarily the end customer's task to clear customs if this threatens to occur, the foresight and expertise of the contractual partner is still required to anticipate possible difficulties in advance. So, if the logistics partner is concerned that a customs sum x is imminent because the value of the goods in the order is too high, he informs all parties involved in the transaction.
9.3. In In the case of a scenario in accordance with paragraph 9.2. the contractual partner communicates his concerns via the internal chat system to the respective distributors, the respective manufacturer and the administration of Gliszen.com. Alternatively, he can also communicate his concerns to shipper@gliszen.com with the reference to the respective order number.
9.4. Logisticians who are not familiar with the use of the IOSS should take care to stay away from orders in the EU.
10.
Right of withdrawal, warranty law, product liability & claim for
damages
Gliszen.com expects its contractors to maintain the same level of customer focus and quality as it expects from itself.
It is therefore essential that the contracting parties are aware that customers always have rights, and occasionally demand them.
10.1. Right of withdrawal
10.2. Warranty law, product liability & damages
10.3. Responsibility of the contractual partners
11. Payment modalities
The organization keeps an overview of all orders received and their fulfillment.
The contractor also has an overview on his account of all current orders as well as all completed orders of the past.
This allows him to take chronological balance at any time.
He is also able to request his payouts at any time, should he not be docked to the automated payout process.
For payment we use the following payment gateways:
Gliszen.com is free to choose the most convenient payment option for both parties.
12. B2B business
B2B business transactions are handled exclusively by e-mail correspondence due to their complexity.
This GTC, which is primarily aimed at an automated functional process, is in large part not applicable on a commercial level.
13. Force majeure
This clause includes the following items:
13.1. Any form of external force majeure shall not be construed to the detriment of the contractual partner.
13.2. Force majeure includes events such as wars, plane crashes, ship accidents, pandemics, such as the constant changes in Covid 19 situation, and similar events.
13.3. Emergency situations, such as a complete system failure of the partner, must be communicated in writing. This information shall then also include the estimated time required by the contractual partner to return the situation to normal and to be operational again.
13.4. In all cases mentioned in clauses 13.1 to 13.3 and similar situations that negatively affect the delivery performance, the partner shall inform the administration of Gliszen.com in writing via the portal as soon as he becomes aware of these events. He shall then also inform the involved parties in the same way about outstanding orders that cannot be processed as a result.
13.5. In the event of force majeure events, these shall also be documented.
14. Contract language
As an internationally operating company, Gliszen.com always strives to acquire customers and cooperation partners worldwide. Nevertheless, it is not always possible to publish all binding and obligatory documents in all languages. Therefore, only the English versions ofthe General Terms and Conditions as well as all other documents are legally binding . Other languages are for orientation purposes only.
15. Membership
15.1. To apply for membership as a cooperating logistics partner, write to us at shipper@gliszen.com .
15.2. The duration of membership is 1 calendar year.
15.3. It can be terminated anytime by giving 3 months' notice, otherwise membership is automatically extended for a further year.
15.4. A simple notification to shipper@gliszen.com issufficient for proper termination.
15.5. If any outstanding orders remain unfulfilled, the contractual partner's membership shall be extended for the period of time required to fulfil the outstanding orders.
16. Change management
16.1. Gliszen.com undertakes to inform its partners of any changes to the General Termsand Conditions (GTC) for logistic services set out in Part E of the GTC.
16.2. This information shall be provided in writing and within a reasonable time before the change takes effect.
16.3. If the contracting partner does not agree to the changes, Gliszen.com grants him a revocation period of 14 days from receipt of the information.
16.4. The revocation has to be made by e-mail to shipper@gliszen.com.
16.5. It is not necessary to give reasons.
16.6. The contracting party is also obliged to inform Gliszen.com about any changes in its price structure. For this purpose, he also has to grant the organization a 14-day cancellation period.
16.7. The changes mentioned in paragraph 16.6. must also be communicated in writing within a reasonable period of time before they become effective.
17. Communication
The company provides its cooperating partners and clientele with several communication options.
Among other things, various e-mail addresses can be found on Gliszen.com, which enable the participants to send topic-related inquiries by e-mail to the respective departments.
Another essential medium for communication is the Gliszen.com chat system.
Each account has such a chat window, through which a direct connection to the Gliszen.com administration can be established, and furthermore the communication with the other cooperation partners is guaranteed.
Especially in the operational area, this chat system represents a very efficient way of communication exchange.
For this reason, all parties and likewise all customers are called upon to regularly check their notifications on the portal, primarily in anticipation of a response to a concern not specified here.
18.
Confidentiality and non-disclosure clause
The contracting parties agree to take care of a responsible cooperation.
This applies in particular with regard to the disclosure of information to third parties and / or with regard to the processing of information of the other party, should information in this regard be obtained.
This applies inter alia but not exclusively to,
18.1. any unfair act that may threaten the organization as such, as well as its business ambitions,
18.2. any disclosure of internal details and procedures to third parties,
18.3. any unauthorized disclosure of information to the cooperation partners, and all other partners involved in the business, especially the customers,
18.4. and any attempt to undermine the authority of the organization as such.
Such violations will be considered a breach of trust and will result in immediate exclusion from the portal.
Conversely, the organization also undertakes to act in accordance with these provisions and to respect the confidential information of its partners.
Conversely, the organization also undertakes to act in accordance with these provisions and to respect the confidential information of its partners.
19.
Place of jurisdiction & final clause
19.1. The law of the island state of Jamaica shall apply to the contractual relations between the contractual partners and the company. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
19.2. Should any provision of these GTC be / become invalid, the validity of the remaining provisions shall not be affected. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the invalid provision.
20. Supplementary documents
With the acceptance of these AGB's the contracting partner confirms likewise the legitimacy of the following along-applicable documents, and to accept and to respect them.
Other applicable documents
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