These terms govern the use of the merchavio platform (available at merchavio.com and via seller storefronts) by visitors, buyers and registered users. The platform is provided by Philippe Ramón Hamerla (Sole proprietor), Agiou Georgiou 2-4, 8220 Chlorakas, Paphos, Cyprus (“we”).
For sellers, the Seller Terms apply in addition. In the event of conflict, the Seller Terms prevail for the seller relationship.
We object to any deviating or conflicting terms and conditions of users; they only apply if we expressly agree to them in text form.
merchavio provides the technical infrastructure through which sellers can offer and sell digital products (e.g. courses, communities, ebooks, software/SaaS, memberships, coaching).
The contracting party of a purchase is the seller named on the product page, not us. We broker the contract and provide the technology for delivery and payment. Payment goes directly to the seller through the seller’s own Stripe or PayPal account; we do not accept customer funds.
Exception: products and apps expressly labelled “MERCHAVIO” / “Merchavio Labs” are offered by us; in that case we are the contracting party.
We do not adopt sellers’ content as our own and do not review it proactively. Illegal content can be reported through the notice procedure (page “Report content”).
Scope of services: in addition to storefront, product/course delivery, checkout, community and livestream features, the platform includes further modules depending on the plan: (a) a finance and bookkeeping module (revenue, cash flow and liquidity overviews, VAT and cash-basis profit evaluations, invoice numbering and receipt/CSV export), (b) receipt upload for the seller’s own incoming receipts, (c) connecting own domains to storefront and community (“custom domains”) and (d) team access with role-based permissions (“team RBAC”), through which the account holder can grant graded rights to individual people.
Clarification on the finance and bookkeeping module: it is a self-help tool. It evaluates the data in the account and the data entered by the seller and does not replace proper bookkeeping or tax, legal or investment advice. Receipts are uploaded and assigned by the seller; there is no automatic posting or account assignment. Evaluations of liquidity and tax burden are non-binding estimates based on the recorded data.
Clarification on receipt upload: receipts are stored in the platform’s object storage and assigned to the uploading account. If a receipt contains personal data of third parties (e.g. name, address or tax number of the issuer), the uploading seller remains the controller for that data under data protection law; we process it on the seller’s behalf under the Data Processing Agreement (page “DPA (Art. 28)”).
No account is required to buy. A seller account is required to sell.
Information given at registration must be truthful. Login details must be kept secret; the account holder is responsible for activities through their account to the extent they are responsible for them.
Registration requires legal age (18 years) and full legal capacity. You can sign in with email/password or with “Continue with Google” (see the Privacy Policy).
The presentation of products constitutes a binding offer by the respective seller. By clicking the order button that triggers payment (“Checkout” / “Buy now” with payment), the buyer accepts the offer; the contract is concluded upon successful payment.
For free products, the contract is concluded when the order process is completed.
The contract language is German or English. The contract text (order data) is stored with the respective seller; the order confirmation is displayed and, if an email address was provided, sent by email.
All prices shown to consumers are final prices including the applicable VAT.
Payment is processed by the payment service provider Stripe (Stripe Payments Europe, Ltd., Ireland) or, where offered and selected, by PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg). The terms of the respective payment service provider also apply to the payment. The amount goes directly to the seller’s account with the payment service provider. We do not receive full payment details (e.g. card numbers).
Subscriptions (monthly/yearly) renew for the respective billing period unless cancelled before the end of the current period. You can cancel at any time with effect from the end of the current period.
Digital content is provided after conclusion of the contract or receipt of payment (download, activation or access via email/account).
If the buyer has expressly agreed to immediate provision before the end of the withdrawal period and confirmed their knowledge that the right of withdrawal will expire, the right of withdrawal expires when provision begins (see the withdrawal policy).
Consumers have a statutory right of withdrawal. Details, exceptions and the model withdrawal form are set out in the withdrawal policy (separate page “Withdrawal”).
The statutory rights for defects in digital products apply (implementation of Directive (EU) 2019/770 on digital content and digital services in the applicable law).
For continuous supply (e.g. subscriptions, communities, SaaS), the seller owes the updates required during the supply period, including security updates.
The contact for warranty claims is the respective seller as contracting party. On request, we help you get in touch.
Prohibited in particular: posting illegal or misleading content or content that infringes third-party rights; attacks on the platform (e.g. malicious code, scraping to an impermissible extent, circumventing security measures, automated mass access); using other people’s identities; spam.
In the event of violations, we may remove content, restrict features and suspend or terminate accounts. We give reasons for each measure; those affected can object via the point of contact.
All rights to the software, design, trademarks, logos and other content of the merchavio platform belong to us or our licensors. “MERCHAVIO” and related signs may not be used without our prior consent.
Registered users receive a simple, non-transferable, revocable right to use the platform as intended for the duration of the user relationship. Copying, editing, decompiling or redistributing the software is only permitted to the extent mandatorily allowed by law.
Users retain their rights to content they upload or create. They grant us only the simple right of use required for operation, storage, display and technical delivery.
We strive for high availability of the platform but do not owe uninterrupted availability. Maintenance windows, disruptions and circumstances beyond our control (force majeure) may lead to temporary restrictions.
We are liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, and under mandatory statutory liability provisions (e.g. product liability).
In the case of simple negligence, we are liable only for breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the other party may rely), limited to the typical, foreseeable damage.
Sellers are themselves liable for their content, products and performance promises.
Registered users can close their account at any time without notice (via the point of contact or account settings). Statutory retention obligations (e.g. for invoice data) remain unaffected.
We can terminate the user relationship with 14 days’ notice; the right to extraordinary termination for good cause (in particular violations of law or of these terms) remains unaffected.
We may change these terms with effect for the future if there is an objective reason, such as a change in the law or case law, new or changed features, or security requirements. We inform registered users of the content of the changes in text form at least 30 days before they take effect. Purchase contracts already concluded remain unaffected.
Towards businesses, in particular sellers and partners, the changes are deemed accepted unless they object in text form before they take effect. We point out this consequence, the right to object and the deadline separately in the notice. Instead of objecting, they can terminate the user relationship without notice before the changes take effect. If a business objects, the previous terms continue to apply to it; we may then terminate the user relationship observing the notice periods of section 13 or the Seller Terms.
Towards consumers, changes only take effect if they expressly agree to them. If they do not agree, the previous terms continue to apply to them; we may then terminate the user relationship under section 13.
The law of Cyprus applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If the buyer is a consumer habitually resident in the EU/EEA, the mandatory consumer protection provisions of the country of residence remain unaffected (Art. 6 Rome I Regulation); consumers can also sue and be sued at their place of residence.
For contracts with businesses, the exclusive place of jurisdiction is Loulé, Portugal.
Registered users acting as businesses can take part in the Merchavio partner programme and earn commission for referring paying sellers. Participation is governed exclusively by the Partner Terms (page “Partner Terms”), which are accepted separately when joining the programme. Commission, settlement, permitted advertising and termination are governed solely by these Partner Terms.
Should individual provisions of these terms be invalid or unenforceable, the validity of the remaining provisions remains unaffected.
We do not take part in proceedings before consumer arbitration boards (see Imprint).