
EL MALIQA
Terms of service
Terms of Use
Introduction
Welcome to EL MALIQA.
EL MALIQA is an Algerian Social Commerce Marketplace specialized in products intended for women, including clothing, shoes, bags, accessories, cosmetics, perfumes, occasion wear, and other related products.
The platform operates as a digital technical intermediary connecting sellers and customers and provides the tools necessary to create stores, display products, and manage orders, without being the owner of the products or a direct party to sales contracts, except where provided for in these terms.
Creating an account or using any of the platform’s services constitutes express acceptance of these Terms and all related policies, in their current form or following any future updates. If the user does not agree to any of their provisions, they must refrain from using the platform or its services.
Article One: Definitions
For the purposes of these Terms, the following terms shall have the meanings set forth below, unless the context requires otherwise:
Platform: The EL MALIQA electronic platform, including the website, mobile applications, dashboards, and all related systems and services.
User: Any natural or legal person who uses the platform or any of its services, whether a seller, customer, or visitor.
Seller: Any natural or legal person who has an account on the platform and offers products for sale through their store.
Customer: Any user who browses or purchases products through the platform.
Account: The user’s electronic profile that enables access to the platform’s services according to the user’s permissions.
Store: The digital space allocated to the seller within the platform for displaying products and receiving orders.
Product: Any good or product offered for sale by the seller through their store on the platform.
Order: A purchase request created by the customer through the platform to purchase one or more products from a seller’s store.
Content: Anything published or uploaded by the user on the platform, including text, images, product descriptions, ratings, and comments.
Services: All services, features, and tools provided by the platform to users.
Cash on Delivery (COD): A payment method whereby the customer pays the order amount upon receipt.
Terms of Use: These Terms, including all policies, annexes, and amendments adopted by the platform, which govern the use of the platform and its services.
Subscription: The financial consideration paid by the seller to benefit from the paid plans and services provided by the platform, in accordance with the published prices.
Platform Policies: All policies and documents supplementing these Terms, including the Privacy Policy, Return and Exchange Policy, Buyer Protection Policy, and any other policies adopted by the platform.
Article Two: Acceptance of the Agreement
1.2 Acceptance of the Agreement
The user is deemed to have accepted these Terms and to be bound by their provisions upon doing any of the following:
Creating an account on the platform.
Accepting the agreement during registration.
Using the platform or any of its services after these Terms or any update thereto has been published.
2.2 Legal Eligibility
The user represents that they have full legal capacity to enter into this agreement and use the platform’s services, in accordance with the applicable laws of the People’s Democratic Republic of Algeria.
3.2 Entire Agreement
These Terms, together with all policies and annexes approved by the platform, constitute the entire agreement governing the relationship between the user and the platform.
Article Three: Account Creation and Eligibility Requirements
3.1 Account Creation
To benefit from the platform’s services, the user must create an account and provide accurate, complete, and up-to-date information, and agrees to update such information when necessary.
3.2 Account Responsibility
The user is responsible for maintaining the confidentiality of their login credentials and for all activities carried out through their account. The user agrees to immediately notify the platform upon suspecting any unauthorized use.
3.3 One Account
The user may not create more than one account for the same purpose or use an account belonging to another person without legal authorization.
3.4 Account Suspension or Closure
The platform reserves the right to suspend, restrict, or close any account that violates these Terms or the platform’s policies, or that uses the platform unlawfully or in a manner harmful to the platform or its users.
Article Four: Seller Obligations
The seller agrees to:
Provide accurate and truthful information regarding their identity and products.
Offer products that accurately reflect reality, with clear descriptions, images, and prices.
Comply with the quality, safety, and legality of the products offered for sale.
Fulfill confirmed orders within the specified timeframes.
Comply with all laws and regulations applicable in Algeria.
Not offer or sell any products prohibited or contrary to the law or the platform’s policies.
Deal with customers professionally and respectfully.
Assume full responsibility for the products and services they provide.
Regarding the law:
Fully comply with all applicable Algerian laws and regulations.
Not offer products that are prohibited or contrary to the law.
Detailed documentation:
The full details of sellers’ obligations are set out in the document “Seller Terms and Conditions,” which forms an integral part of these Terms.
Article Five: Customer Obligations
The customer agrees to:
Provide accurate and complete information when creating an account and placing orders.
Use the platform in accordance with these Terms and applicable regulations.
Not misuse the platform, attempt to disrupt it, or gain unauthorized access to its systems.
Complete orders in good faith and refrain from placing fake or fraudulent orders.
Respect the rights of sellers and other users and comply with proper communication standards on the platform.
Assume responsibility for the accuracy of the information provided, including contact information and delivery address.
Article Six: Prohibited Products
The seller is prohibited from offering or selling any product that violates the laws applicable in Algeria or the platform’s policies, including, without limitation:
Prohibited or illegal products.
Counterfeit products or products that infringe intellectual property rights.
Products that pose a risk to health or safety.
Products that violate public morals or public order.
Any products or advertisements containing misleading or inaccurate information.
The platform reserves the right to reject or remove any product, or to suspend or terminate the seller’s account, if it is determined that the product violates these Terms, the platform’s policies, or applicable laws, without prejudice to any other legal rights or remedies.
Article Seven: Orders and Completion of Sales
7.1 Order Creation
The customer may place an order for any product offered on the platform by following the approved ordering steps and entering the required information correctly and completely.
7.2 Order Confirmation
An order is considered confirmed after it has been accepted by the seller and confirmed through the platform. The seller retains the right to reject an order if the product is unavailable or for a legitimate reason.
7.3 Order Fulfillment
The seller agrees to prepare and ship the order within the announced timeframe and is responsible for the product’s conformity with the displayed description.
7.4 Payment
The platform currently uses Cash on Delivery (COD) as a payment method. The platform reserves the right to add electronic payment methods in the future, such as digital wallets and electronic payments, in accordance with technological and regulatory developments applicable in Algeria. Users will be notified of any such additions before they are activated.
7.5 Role of the Platform
The platform’s role is limited to providing the technical infrastructure for managing orders and connecting sellers with customers. The platform is not considered a direct party to the sales contract and is not responsible for fulfilling obligations arising between them, except to the extent provided for in these Terms or the platform’s policies.
Article Eight: Cancellation, Return and Exchange
8.1 Order Cancellation
The customer may cancel an order before it is confirmed or shipped, in accordance with the seller’s policy and the platform’s provisions.
8.2 Return and Exchange
Return and exchange requests are subject to the seller’s policy, provided that they comply with the minimum requirements established by the platform and applicable laws.
8.3 Role of the Platform
The platform is not considered a party to return or exchange transactions. Its role is limited to facilitating communication between the seller and the customer, reviewing disputes, and taking appropriate action in accordance with the platform’s policies.
Article Nine: Subscriptions and Fees
9.1 Subscription
The platform offers free and paid subscription plans according to the features and prices announced.
9.2 Fees
A commission may be applied to confirmed sales according to the rate displayed in the seller’s dashboard (which may be zero). Subscription fees may also apply to paid plans, where applicable.
9.3 Fee Changes
The platform reserves the right to modify subscription plans or fees, provided that users are notified before the changes take effect.
Article Ten: Intellectual Property
10.1 Platform Ownership
All intellectual property rights relating to the EL MALIQA platform belong to the platform or its licensors, including the trade name, trademarks, logo, designs, interfaces, software, databases, and any content produced by the platform.
10.2 User Content
The user retains ownership of the content they publish on the platform while acknowledging full responsibility for its legality and for ensuring that it does not infringe the rights of others.
10.3 License to Use
By publishing content on the platform, the user grants the platform a non-exclusive license to use, display, and process such content to the extent necessary to operate and promote the platform’s services. This license ends upon deletion of the content or closure of the account, while the platform retains the right to keep archival copies where legally or operationally necessary.
10.4 Respect for Intellectual Property Rights
The user agrees not to use the EL MALIQA name, logo, or any element of its visual identity without prior written authorization. The user also agrees to respect third-party intellectual property rights and not to publish any content that infringes such rights.
Article Eleven: Limitation of Platform Liability
11.1 Role of the Platform
EL MALIQA operates as a technical intermediary connecting sellers and customers and provides the necessary tools for managing stores and orders. It is not considered a direct party to sales contracts unless otherwise stated.
11.2 Seller Responsibility
The seller alone assumes responsibility for the products they offer, including their quality, descriptions, prices, availability, order fulfillment, and compliance with applicable laws.
11.3 Disclaimer of Liability
The platform shall not be responsible for any dispute, loss, or damage arising from the relationship between the seller and customer, or from any information or content published by users, without prejudice to rights provided by law.
11.4 Service Interruption
The platform makes reasonable efforts to ensure the continuity of its services; however, it does not guarantee that such services will be uninterrupted or free from errors or technical failures.
Article Twelve: Content Published by the User
12.1 Content Responsibility
The user assumes full responsibility for all content they publish or upload to the platform. The platform reserves the right to review or remove content at any time if it is found to violate these Terms or applicable laws.
12.2 Prohibited Content
It is prohibited to publish any content that:
Violates Algerian law or public morals.
Infringes intellectual property rights or the rights of others.
Contains false or misleading information.
Contains abuse, defamation, or unlawful speech.
Promotes prohibited products or activities.
Contains personal data of third parties without their consent.
12.3 Platform Powers
The platform may remove any violating content, restrict or suspend the user’s account, or take any action it deems appropriate, including notifying the competent authorities where appropriate.
Article Thirteen — Privacy and Data Protection
13.1 Privacy Policy
The processing of personal data of all users is subject to the platform’s official Privacy Policy, which forms an integral part of these Terms. The Privacy Policy should be read together with these Terms to understand the user’s rights regarding their data.
13.2 General Commitment
The platform undertakes not to sell users’ personal data to external parties unrelated to the operation of the service and to use such data exclusively for operating and improving the platform and complying with legal requirements.
Article Fourteen: Amendment of the Agreement
14.1 Right to Amend
The platform reserves the right to amend or update these Terms or any of its policies at any time, in accordance with its operational needs or legal requirements.
14.2 Notice of Amendments
Amendments will be published through the platform, and users may be notified through the available communication channels.
14.3 Effectiveness of Amendments
The user’s continued use of the platform after the amendments take effect constitutes acceptance of their provisions. If the user does not agree, they must stop using the platform and close their account if they wish.
Article Fifteen: Account Suspension or Termination
15.1 Account Suspension or Termination
The platform reserves the right to suspend, restrict, or terminate any account, temporarily or permanently, in the event of a violation of these Terms, the platform’s policies, or applicable laws, or in the event of misuse of the platform or causing harm to it or its users.
15.2 Account Termination by the User
The user may request to close their account at any time, subject to settling outstanding orders and obligations before closure.
15.3 Effects of Account Termination
Suspension or termination of the account does not release the user from any obligations or liabilities that arose before the date of suspension or termination. The platform may retain data and records to the extent required by law or operational requirements.
Article Sixteen: Governing Law and Dispute Resolution
16.1 Governing Law
These Terms shall be governed by and interpreted in accordance with the laws applicable in the People’s Democratic Republic of Algeria.
16.2 Dispute Resolution
In the event of any dispute relating to these Terms or the use of the platform, the parties shall first seek to resolve it amicably. If this is not possible, the dispute shall be referred to the competent courts of the People’s Democratic Republic of Algeria.
16.3 Reference Language
The Arabic version of these Terms shall constitute the official and authoritative version and shall prevail in the event of any conflict with any other translation.
Article Seventeen: Contacting the Platform
Users may contact EL MALIQA for inquiries, complaints, or support requests through the official communication channels provided by the platform, including the website, application, email, or any other communication channels announced by the platform.
The platform undertakes to make reasonable efforts to address requests and inquiries within an appropriate timeframe, according to the nature of each request.