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Our Terms & Conditions

1. Introduction

Welcome to XOL! These Terms and Conditions (“Terms”) govern your use of the XOL marketplace. By accessing or using XOL’s platform, you agree to comply with and be bound by these Terms. Please read them carefully.

 

2. Definitions

“Platform”: Refers to the XOL website and mobile applications used to facilitate the marketplace.

“Vendor”: An individual or entity that sells products on XOL and is responsible for product listings, fulfilling orders, and handling customer complaints.

“Customer”: An individual or entity that purchases products on XOL, responsible for providing accurate personal information and making legitimate payments.

 

3. Acceptance of Terms

By registering for an account, you agree to be bound by these Terms. If you do not agree, please do not use XOL.

 

4. Account Registration and Security

Account Requirements: To register for an account on XOL, you must provide accurate and current information. Vendors must provide a valid business registration number, a VAT ID, and any other information required by XOL for verification purposes.

Account Security: You are responsible for maintaining the confidentiality of your account credentials. Unauthorized use of your account should be reported to XOL immediately. XOL will not be liable for any losses due to unauthorized access caused by your failure to secure your account credentials.

Account Termination: XOL reserves the right to suspend or terminate user accounts in cases of policy violations, fraudulent activity, or non-compliance with these Terms. Users may also choose to close their accounts, but any ongoing transactions must be completed before the account is fully terminated.

 

5. User Conduct and Prohibited Activities

Prohibited Activities: Users must not engage in activities such as providing false information, using stolen payment information, posting harmful or illegal content, or violating intellectual property laws.

Vendor Responsibilities: Vendors must ensure products are accurately described, comply with local regulations, and respect the rights of others, and honor warranties or refunds if applicable.

Customer Responsibilities: Customers must provide accurate personal information, ensure all payments are legitimate, and respect vendors.

 

6. Payment Terms

Payment Methods Accepted: XOL offers various payment methods, including XOL Pay, direct bank transfers, and credit/debit cards.

Processing Payments to Vendors: Vendor earnings are held in escrow until the successful delivery of items. Vendors must link a valid IBAN to receive payments.

Transaction Fees and Deductions:

  • Platform Contribution and Loyalty Commission: XOL charges a contribution towards platform maintenance and a commission for the loyalty reward system. These deductions are applied before releasing payments to vendors, as outlined in the Vendor Agreement.
  • Bank Transaction Charges: Any applicable bank transaction fees will also be deducted from the vendor’s payment for each transaction for their products sold. These charges are similar to what vendors might incur if they processed payments independently on their own e-commerce websites. However, XOL negotiates the best possible rates with transaction banks to ensure the lowest transaction fees, which are often more favorable than individual vendor rates.

 

7. Vendor Responsibilities

Product Listings: Vendors must provide accurate information, including images, pricing, and availability. Misleading or incomplete listings may result in penalties.

Order Fulfillment: Orders must be confirmed within 24 hours and shipped within the timeline. Communication regarding delays must be transparent.

Customer Complaints: Vendors must handle customer complaints promptly. Repeated unresolved complaints may lead to account suspension.

 

8. XOL’s Role and Responsibilities

Marketplace Provider: XOL facilitates connections between customers and vendors. We are not responsible for manufacturing, quality, or suitability of products.

Platform Maintenance: XOL strives to ensure platform availability but cannot guarantee uninterrupted service. Scheduled maintenance will be communicated in advance.

Liability Disclaimer: XOL is not responsible for product defects, delays, or vendor issues. Our responsibility is to maintain the platform and support users where possible.

 

9. Order Processing and Fulfillment

Order Notifications: Vendors will receive email notifications of customer orders. They can also view and track orders, including confirmed delivery, through the Vendor Hub.

Delivery or Pickup: Vendors are responsible for arranging delivery or in-store pickup options for customers.

Customer Communication: Vendors must keep customers updated on order statuses, including delays.

Payment Timeline: Payments are only processed and transferred after the successful delivery and confirmation by the customer. Vendors must confirm deliveries through the Vendor Hub.

 

10. Return, Refund, and Cancellation

Returns and Refunds: Vendors must clearly state return policies in product listings and honor policies in effect at the time of sale.

No XOL Return Fees: XOL does not impose return fees. Vendors must comply with consumer protection laws regarding returns and refunds.

Order Cancellations: Customers can cancel orders if the product is already in stock and has not yet been delivered. Vendors must report cancellations to XOL, and failure to fulfill orders may impact vendor ratings.

Non-Cancelable Orders: Orders for products that are custom-made, personalized, or produced to customer specifications—including items made to bespoke measurements, specific colors not in stock, or unique materials sourced specifically for the client—**cannot be canceled** once production has commenced. This is to ensure that resources, time, and costs associated with custom work are adequately protected.

Cancellation Window: Customers may request to cancel bespoke or customized orders within **24 hours** of placing the order. After this period, cancellations may no longer be possible as production will begin, and the order becomes binding.

Non-Refundable Deposit: For custom orders, a **non-refundable deposit** is required upon confirmation. This deposit is used to cover the cost of materials and preparation work, and it is non-refundable if the order is canceled after the initial 24-hour window.

Written Requests: All cancellation requests must be made in writing to [email protected] within the stipulated cancellation period. Requests made verbally or through other informal methods will not be accepted.

Exceptions: If the product has not yet started production and the materials have not been sourced, we may offer a **partial refund**, minus any administrative costs incurred. Each case will be evaluated individually, and refunds will only be offered at the sole discretion of XOL.

 

11. Intellectual Property Rights

Vendor Content: Vendors guarantee that they have the right to use all product images and descriptions listed. They must ensure no violations of intellectual property laws.

XOL Branding: XOL’s brand and logo are protected by copyright. Unauthorized use is prohibited without XOL’s permission.

 

12. Disclaimer of Warranties and Limitation of Liability

“As Is” Service: The XOL platform is provided “as is,” and XOL makes no guarantees regarding the quality or availability of the platform.

Limitation of Liability: XOL is not liable for direct or indirect damages arising from use or inability to use the platform. Users bear responsibility for their actions on the platform.

 

13. Termination

Termination by XOL: XOL reserves the right to terminate accounts for policy violations, fraudulent activities, or other non-compliance. Terminated vendors will have all listings removed.

Termination by Users: Users may terminate their accounts by providing notice to XOL. All transactions must be completed before account termination.

 

14. Governing Law and Dispute Resolution

Jurisdiction: These Terms are governed by the laws of the country where XOL is registered.

Dispute Resolution: Initial disputes should be resolved by negotiation or mediation. If unresolved, disputes may be submitted to arbitration, which will be the exclusive method of dispute resolution.

Mediation Costs: The cost of mediation is borne by the party initiating the dispute, unless decided otherwise by the mediator. Vendors are encouraged to refer to the Vendor Agreement for complete details on dispute-related costs.

 

15. Amendments to the Terms

Right to Modify: XOL reserves the right to modify these Terms, including the contribution structure, based on market conditions and business needs. Any changes will be communicated via the Vendor Hub or through email notifications at least 15 days prior to changes taking effect, giving vendors sufficient time to review and accept.

 

16. Legal Disclaimer and Intellectual Property

The information provided on XOLMalta.com is for general informational purposes only. All information on the website is provided in good faith; however, XOL makes no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the website.

Legal Disclaimer: The platform is provided “as is.” Vendors are responsible for ensuring that product descriptions and images do not violate intellectual property laws.

Under no circumstances shall XOL be liable to you for any loss or damage of any kind incurred as a result of the use of the site or reliance on any information provided on the site. Your use of the website and your reliance on any information on the site is solely at your own risk.

Warranty Disclaimer: Vendors must communicate their own product warranties clearly, and XOL bears no responsibility for product quality, as XOL acts solely as the marketplace provider.

External Links Disclaimer: The website may contain (or you may be sent through the site) links to other websites or content belonging to or originating from third parties, or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by XOL.

We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the site or any website or feature linked in any banner or other advertising. XOL will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Professional Disclaimer: The site cannot and does not contain professional advice. The information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of professional advice.

The use or reliance of any information contained on this site is solely at your own risk.

 

17. Dispute Resolution

If a dispute arises between you and XOLMalta.com regarding your use of the website, these Terms and Conditions, or any of the services provided through XOLMalta.com, you agree to follow the dispute resolution process outlined below before pursuing any legal remedies.

Step 1: Informal Negotiation

Before initiating mediation or arbitration, both parties agree to meet informally to discuss the issue. The goal of this informal meeting is to resolve the matter without the need for costly mediation or arbitration. Each party will bear its own costs for this informal negotiation.

Step 2: Mediation

If the dispute cannot be resolved through informal negotiation, both parties agree to attempt mediation through a neutral mediator. Mediation will take place in Malta, with a mediator chosen by XOL. If no agreement is reached, a recognized Maltese mediation body will appoint the mediator.

The cost of the mediation will generally be borne by the party initiating the dispute. However, the mediator may decide that costs should be shared or reallocated differently if deemed fair and necessary.

Step 3: Binding Arbitration

If mediation fails to resolve the dispute, both parties agree to submit the dispute to binding arbitration in Malta. The arbitration will be conducted by a recognized arbitration body.

Arbitration Costs

The costs of arbitration, including the arbitrator’s fees, shall be borne by the person, company, or institution who initiated the dispute, unless the arbitrator determines that such costs should be shared or allocated differently in the interest of fairness.

Exceptions to Arbitration

Both you and XOLMalta.com retain the right to bring a claim in a small claims court of competent jurisdiction if the dispute qualifies, or to seek injunctive or equitable relief to prevent the infringement or misuse of intellectual property rights.

Waiver of Jury Trial

By agreeing to arbitration, both parties hereby waive any rights to a trial by jury or to litigate in court. Instead, disputes will be resolved exclusively through arbitration.

Governing Law

The dispute resolution process shall be governed by and construed in accordance with the laws of Malta, without regard to its conflict of law principles.

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