Mela Terms and Conditions

These Terms and Conditions (T&Cs) govern the use of the Mela platform by all users, including buyers, sellers, and any other person accessing or using Mela's services. By accessing or using the platform, you agree to be bound by these T&Cs and all policies incorporated by reference.

1. Scope and Applicability (Buyers, Sellers, Platform)

These Terms and Conditions (T&Cs) define the agreement between Mela (the platform), its buyers, and its sellers. They specify that all users, whether registered or guests, are subject to these T&Cs. The T&Cs serve as the general legal agreement governing all interactions on the Mela platform. While specific policies such as the Return Policy, Privacy Policy, and Seller Policy delve into granular details, these T&Cs incorporate them by reference, ensuring a cohesive legal framework. Therefore, Mela's T&Cs act as the fundamental contract. They clearly state that by using the platform, users accept these T&Cs and all other linked policies, ensuring that all policies are legally binding and that users are aware of the full set of rules governing their use of Mela.

2. User Account Creation and Responsibilities

This section details the requirements for account registration on the Mela platform, including but not limited to, age restrictions and legal capacity. Users are solely responsible for maintaining the confidentiality of their account information, including passwords, and for all activities that occur under their account. Mela reserves the right to suspend or terminate accounts that violate these T&Cs, are involved in unauthorized use, or pose a security risk.

3. Prohibited Activities and Content

The T&Cs explicitly list activities not permitted on the Mela platform. These include, but are not limited to: fraud, illegal activities, spamming, harassment, intellectual property infringement (including trademarks and copyrights), and the sale of prohibited items. Mela reserves the right to remove any content or listings that violate these terms without prior notice. Mela adheres to its obligations under the Digital Services Act (DSA) regarding content moderation and implements appropriate notice-and-takedown procedures for illegal content.

4. Limitation of Liability and Disclaimers

Mela operates as a marketplace facilitator, connecting buyers with third-party sellers. Unless Mela explicitly sells its own products, it is not the direct seller of items listed by third parties. Therefore, Mela disclaims liability for the quality of products, the accuracy of seller listings, and any third-party content. Users acknowledge that while Mela strives to maintain a safe and compliant platform, it cannot guarantee the performance or reliability of individual sellers or the nature of every transaction.

It is important to acknowledge that certain legal rights, such as statutory consumer guarantees under EU and Maltese law, cannot be limited or excluded by these T&Cs. While Mela can disclaim liability for the direct actions of its sellers, it cannot entirely circumvent responsibility for providing a secure and compliant platform. Mela's T&Cs clearly articulate its role as a facilitator and the primary responsibility of sellers for their products and customer service. However, it also acknowledges Mela's own responsibilities related to platform functionality, security, and content moderation (e.g., removal of illegal content). This nuanced approach ensures Mela is protected while fulfilling its responsibilities as a reputable online marketplace.

5. Dispute Resolution Mechanisms and Governing Law (Malta)

These T&Cs outline the process for resolving disputes that may arise between users and Mela, as well as between buyers and sellers. We encourage amicable solutions through an internal complaint process or mediation. Any disputes arising from or in connection with these Terms and Conditions will be governed by and construed in accordance with the **laws of Malta**. Users agree that the Maltese courts will have exclusive jurisdiction over any such disputes.

Furthermore, Mela informs users about the availability of the European Commission's Online Dispute Resolution (ODR) platform, which can be accessed at https://ec.europa.eu/consumers/odr, as a means for resolving disputes out-of-court for online purchases.

6. Electronic Contracts and Electronic Signatures

By accessing or using the Mela platform, you acknowledge and agree that these Terms and Conditions, as well as any other agreements, notices, disclosures, or communications between you and Mela, are considered to be electronic communications. You further agree that electronic contracts and digital signatures are enforceable under Maltese law and the eIDAS Regulation (EU Regulation No 910/2014). By clicking "I Agree," "Accept," or any similar affirmation, or by otherwise using our services, you are entering into a legally binding contract with Mela.

These Terms and Conditions aim to provide a clear and binding legal framework for the use of the Mela platform, ensuring fairness and transparency for all users.