General Terms and Conditions
2. Offers, service descriptions
3. Order process, conclusion of the contract
6. Non-permitted products, Services and Business Practices
9. Storage of the contract itself
10. Closing remarks
1.1. The business relationship between the Islamic Marketplace Operator (hereinafter referred to as IMO), N. Alp Uçkan, Am Engeldorfer Berg 11, 50997 Köln, Germany, and the listing creator (hereinafter referred to as the “LC”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of order placement.
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can be attributed to his or her commercial, independent professional or private activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
1.3. Deviating conditions of the LC are not recognized unless the IMO expressly agrees to their validity.
2. Offers, service, real estate and offerings descriptions
2.1. The presentation of products, services, real estate and job offerings in the marketplace is to be understood as an invitation to contact the LC and does not constitute a legally binding offer. Performance descriptions in catalogs or on the websites of the IMO are neither equivalent to a promise nor a guarantee. Nevertheless, LCs are requested to write sufficient descriptions and all information as transparently and truthfully as possible.
2.2. All listing offers are valid as long as they are made available on the IM pages and unless otherwise stated on the IM website. Errors excepted.
3. Placing listings process, conclusion of the contract
3.1. The LC can select the listing category of his choice from the assortment of the IMO and place it for publication via the [Add listing] button. The LC’s listing is then checked and, if everything is in order, published by the IMO. The LC can then go to his listings overview in his account and change his listings as desired, whereupon a renewed moderation on the part of the IMO may become necessary.
3.2. By clicking the button [Add listing], the LC submits a binding application to publish his listing. The listing will then be checked by the IMO (moderation) and published if necessary. Optional information in the listing form is marked with (Optional).
3.3. The IMO reserves the right to delete or remove profiles and listings without indication.
4.1. With the current status of these Terms and Conditions, all listings can be placed free of charge. The IMO reserves the right to change this in the future. If this happens, the IMO will notify all LCs who have published an active listing on IM. The LC will then have the right and the opportunity to agree to the new T&Cs or not. A sufficient transition period is then ensured.
4.2. Prices of products and services in listings are to be set in US Dollars.
4.3. By participating in this marketplace, the LC assures that he accepts Bitcoin/Sats for the products and services he places in a listing. An according Lightning or Bitcoin wallet address must be specified in the listing form for IMO, which will not be displayed anywhere in the frontend of the marketplace.
5.1. The IMO does not interfere in any way with the communication, transactions, pricing or negotiations between the LC and the person who contacts him about his listing.
5.2. The LC must independently ensure that the products or services offered in his listing comply with all legal provisions of his place of production and performance.
5.3. The IMO is entitled to withdraw from the contract and take down the listing if the content of the listing does not comply with the legal provisions of its country and Islamic principles. In this case, the IMO will inform the LC immediately and, if necessary, offer to make corrections to his listing. If no corrections are made within the next 3 working days, the IMO is entitled to delete the listing.
5.4 The IMO shall not be responsible for delays in performance due to force majeure and due to unforeseeable events that make publication significantly more difficult or impossible for the IMO vis-à-vis the LC who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the IMO is entitled to postpone the publication for the duration of the hindrance plus a reasonable start-up time. The right to postpone the date also applies to LCs who are entrepreneurs in the event of unforeseeable events that affect the operations of a pre-supplier and for which neither the pre-supplier nor the IMO are responsible. If the delay is unreasonable for the listing party, the LC may withdraw from the contract by written declaration after setting a reasonable deadline or after consultation with the seller.
5.5. The warranty (liability for defects) for products and services offered by the LC shall be governed by the statutory provisions of its country and its General Terms and Conditions.
5.6. The services provided by the IMO are only subject to a guarantee if the LC was expressly informed of such a guarantee and the terms thereof prior to the commencement of the order process.
6. Non-permitted Products, Services and Business Practices
6.1. It is not allowed to place listings falling under one or more of following categories:
– Credit and money lending transactions
– Stock transactions, securities trading, financial speculation transactions or other business areas that can be allocated to conventional banks.
– Crypto currency trading (buying and selling)
– Insurance companies and services
– Alcoholic beverages
– Gambling and betting activities
– Political Merchandise
– Pornography (display of indecent imagery and texts) or zina/adultery-promoting behavior
– Criminal behavior and behavior endangering the welfare of the community
– Charity organizations or projects
– Everything about which there is agreement in the 4 schools of Islamic law (madhahib) that it is forbidden
6.2. The LC assures to make his product or service descriptions as detailed and complete as possible and not to conceal any defects of a product that may reduce its value.
6.3. The LC is not allowed to offer products that are not already in his possession at the time of listing creation. (No forward-selling)
7.1. The LC may terminate his contract with the IMO at any time and without notice by deactivating his listings and/or deleting his account. The LC can delete his account at any time by clicking the [Delete Account] link in his account settings or by using the Data Request and Deletion Form.
8.1. The following exclusions and restrictions of liability in connection with the IMO’s liability for compensation apply irrespective of other statutory eligibility criteria.
8.2. The IMO shall not be liable for slight negligence in the event of a breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, as well as in the event of a breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the LC may regularly rely. In this case, the liability of the IMO is limited to the contract-typical, foreseeable damage. The IMO shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
8.3. Insofar as the liability of the IMO is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
9. Storage of the contract itself
9.1. The LC can print out the contract with the aid of their browser’s print function.
9.2. The IMO shall also send the LC a publication confirmation to the e-mail address provided by the LC. In addition, the LC will receive a copy of the General Terms and Conditions of the IMO with the publication confirmation. The LC can also take the General Terms and Conditions from the navigation menu of the IM website at any time.
10. Closing remarks
10.1. If the LC is an entrepreneur, the place of performance shall be the registered office of the IMO, subject to other agreements or mandatory statutory provisions, while the place of jurisdiction shall be the registered office of the LC if the LC is a merchant, a legal entity under public law or a special fund under public law or if the LC does not have a general place of jurisdiction in the country of the registered office of the Seller. The right of the IMO to choose another permissible place of jurisdiction remains reserved.
10.2. The language of the contract is English.
10.3. European Commission consumer platform for Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.
Status of these terms and conditions: July 25, 2023