​General Terms and Conditions Marketplace (B2B) for PRO and ULTRA

General Terms and Conditions for Marketplace (B2B) for PRO and ULTRA

Mandatory for COMPANY Partners / NON-PROFIT Partners with PRO / PRO+ and ULTRA Plans

Last Updated: August 1, 2024

These General Terms and Conditions (hereinafter referred to as “GTC” or “Contract”) govern the contractual relationships between SANUSLIFE ADMINISTRATION AG, Lindenstrasse 8, CH-6340 Baar (ZG), info@sanuslife.market, VAT number & identification number: CHE-245.046.413, Commercial Register Office of the Canton of Zug, hereinafter referred to as “SANUSLIFE Marketplace,” “SANUSLIFE Marketplace Team,” “SANUSLIFE,” “we,” “our,” or “us,” and you as the “COMPANY” or “NON-PROFIT” registered and verified user of an account with item management system on the SANUSLIFE Marketplace, specifically PRO, ULTRA, hereinafter referred to as “COMPANY Partner,” “Seller,” “you,” “your,” or “yours.”

Your contractual relationship with SANUSLIFE is governed by the Swiss Federal Act on the Amendment of the Swiss Civil Code (Part Five: Code of Obligations) of March 30, 1911 (SR 220).

The German text of this contract is binding. Translations into other languages are for reference only. Swiss law applies. The place of jurisdiction is Baar, Canton of Zug, Switzerland.

General Information

The SANUSLIFE Marketplace is a platform with a comprehensive item management system where you can sell your products and/or services directly to buyers worldwide. Our goal is to ensure that both you as a seller and your buyers have a positive experience on our Marketplace. Please continue reading to understand your rights and obligations as a seller.

SANUSPAY is a payment system managed by SANUSLIFE ADMINISTRATION AG, a Swiss-based company. This system facilitates transactions both online and on-site. For each transaction processed through SANUSPAY, the paid amount is split and distributed among three parties: the seller (seller's share), the SANUSPLANET Foundation (SANUSPLANET margin), and SANUSLIFE ADMINISTRATION AG (SANUSBUSINESS margin). The exact distribution of amounts is done according to the percentages set by the COMPANY Partner in their settings area under Presets. For more information, please refer to the SANUSPAY GTC.

1. GTC and Privacy Policies:

   For selling your products to customers, your own General Terms and Conditions (GTC) and privacy policies apply. Customers must agree to these terms in your own online shop as well. If you do not yet have an online shop and therefore no legal documents, you must first create these before selling your products on the Marketplace. For privacy documents, we recommend our partner Enzuzo.

2. Shopping Cart and GTC:

   Customers can fill their shopping cart by purchasing from various sellers. However, each transaction is processed separately. Therefore, customers may need to agree to multiple GTC from different COMPANY Partners during their purchase.

3. Right of Withdrawal and Defects:

   If a customer wants to exercise their right of withdrawal or reports a defect with a product, you are obliged to handle the matter directly with the customer.

   If you agree to the withdrawal from the purchase contract or offer compensation for the defect, the agreed amount must be entered in the Marketplace. Subsequently, the SANUSPLANET margin and the COMPANY's share (to the customer) as well as any VAT paid calculated on the SANUSBUSINESS margin (to the seller) will be refunded in the same way as the payment. The refund of the SANUSBUSINESS margin (to the customer) will be made in the form of a voucher credit.

4. Refunds and Complaints:

   In the case of a complaint, the seller is obliged to resolve all details with the customer.

   The form and method of refunds are at the seller's discretion and must be specified in their General Terms and Conditions (GTC). The refund amount includes the seller's share and the SANUSPLANET share, calculated by the system and displayed in the SANUSPAY dashboard. The SANUSBUSINESS share will be credited to the customer in the form of vouchers in the voucher wallet. The SANUSPLANET margin (donation) will be refunded to the seller via Stripe from SANUSPLANET.

   Refunds related to the SANUSBUSINESS margin made by SANUSLIFE to the customer will only be in the form of vouchers. This applies only to online purchases via the Marketplace, whether through SANUSPAY or a conventional payment method offered by Stripe.

   Refunds of any VAT paid on the SANUSBUSINESS margin (COMPANY Partners from Switzerland, as well as COMPANY Partners from the EU who do not have a valid international VAT ID number, must also pay SANUSLIFE ADMINISTRATION AG the legally required VAT – calculated on the SANUSBUSINESS margin) by SANUSLIFE to the COMPANY Partner will be done in the same way as the payment and only for online payments via SANUSPAY or a conventional payment method offered by Stripe.

   For purchases not made through the Marketplace and paid with SANUSPAY, there is no right to cancellation and thus no possibility of a refund of the SANUSBUSINESS and SANUSPLANET margin. If a seller decides to allow the customer to exchange the purchased goods paid with SANUSPAY, this can only be done using the seller's own vouchers.

5. Item Management System and Payment Methods:

   You can manage your items through the item management system and are required to accept SANUSPAY as a payment method. Additionally, you are free to offer Stripe as a payment method as well. SANUSLIFE reserves the right to activate the STRIPE payment method only for selected COMPANY Partners.

6. Selling via SANUSPAY vs. Stripe:

   SANUSPAY is an option exclusively accepted by sellers who are properly registered with SANUSLIFE, are operating as a business or have a valid business license, and have at least the PLAN Group SMART classification. Payments are made exclusively with the SANUSCOIN payment method. For payments with SANUSPAY, customers receive SANUSCREDITS. At the same time, they indirectly donate to the SANUSPLANET Foundation through the SANUSPLANET margin and pay a commission for direct and indirect referrers in their network through the SANUSBUSINESS margin. As a seller, you agree to contribute the specified values (percentages) of the SANUSPLANET and SANUSBUSINESS margins, i.e., to donate or pay them directly, with the deduction being automated.

   If you sell via Stripe and your customers use the payment options offered there, such as credit cards, they will also indirectly donate to the SANUSPLANET Foundation and pay the commission for direct and indirect referrers, but they will not receive SANUSCREDITS.

   If Stripe is not available in your country, or if SANUSLIFE for any reason does not activate Stripe for you, you may sell exclusively through SANUSPAY until further notice

7. Costs and Fees for Payments via SANUSPAY or Stripe:

When your customers pay via SANUSPAY, there are no additional costs for you. For payments via Stripe, Stripe fees apply, which must be fully covered by the seller. Fees incurred by SANUSLIFE from Stripe will be directly billed to you. For more details on SANUSPAY, refer to the SANUSPAY Terms and Conditions. These Terms and Conditions are part of the Cooperation Agreement & Terms of Use. By accepting the "PRO" or "ULTRA" account and opening a "SANUSLIFE Marketplace Shop" on the SANUSLIFE Marketplace, you explicitly agree to these Terms and Conditions.

1. Basics of Selling

A. What You Are Allowed to Sell

You may sell both goods and services on the SANUSLIFE Marketplace. Selling handcrafted items, vintage products, or craft supplies ("Materials & Tools") is also allowed. You can also sell used items as long as you clearly mark them as such. For everything you sell, you acknowledge and explicitly agree to: a. Having the necessary legal requirements, such as a business license or similar, to sell goods and services; b. Selling items at a fixed price only; c. If you publish photos of your item, they must clearly represent the offered item. Otherwise, your description must clearly state that the photos are examples only.

B. What You May NOT or Only Limitedly Sell

• Marijuana/cannabis dispensaries and related products and businesses; 

• Weapons, ammunition, gunpowder, and other explosives (including fireworks); 

• Toxic, flammable, and radioactive substances; 

• Pseudo-pharmaceuticals; 

• Substances meant to imitate illegal drugs; 

• Sexually explicit content; 

• Sexual services; 

• Pyramid schemes, investment schemes, and other unfair, predatory, or fraudulent practices; 

• Items used for speculation or hedging (e.g., derivatives); 

• Credit and collection services, and other financial services; 

• Items that infringe on intellectual property rights such as copyrights, trademarks, trade secrets, or patents, including counterfeit or unauthorized goods; 

• Products and services whose legal status varies from state to state; 

• Transactions where personal data of third parties is disclosed in violation of applicable law; 

• Transactions related to cloud mining. Please note that members or, in some cases, third parties can report items that appear to violate our policies so they can be reviewed by the SANUSLIFE Marketplace Team. You also acknowledge and agree that the SANUSLIFE Marketplace Team can remove items that violate our policies. You acknowledge and explicitly agree that account fees are excluded from refunds, and SANUSLIFE can temporarily suspend or completely close your account at any time due to violations or for any other reasons, although you must still pay all outstanding fees on your SANUSLIFE account.

C. Managing Your SANUSLIFE Marketplace Shop Your SANUSLIFE Marketplace Shop represents you and your business to the SANUSLIFE community. It is important that your items and shop are honestly and accurately presented. By selling on the SANUSLIFE Marketplace, you acknowledge and explicitly agree to the following obligations:

1. Provide honest and correct information to SANUSLIFE and in your shop profile;
2. Comply with your Terms and Conditions;
3. Ensure that the content of your shop, including all text, photos, or videos used to represent yourself, your shop, or your items, complies with SANUSLIFE’s policies;
4. Represent your items truthfully on item pages and in item photos;
5. Respect others' intellectual property; if you believe someone is infringing your intellectual property rights, you can report it to the SANUSLIFE Marketplace Team;
6. Avoid fee evasion;
7. Do not create duplicate shops or engage in other actions (e.g., manipulating shopping carts or sales) to manipulate search results or circumvent SANUSLIFE’s policies;
8. Avoid price-fixing with other sellers.

D. Seller Standards By listing a product for sale on the SANUSLIFE Marketplace, you understand and agree that you are responsible for complying with all applicable laws and regulations concerning the items you offer for sale, including all required labels and warnings. SANUSLIFE assumes no responsibility for the accuracy, labeling, or content of your items and item pages. As a seller, you must provide top-notch customer service and build and maintain trust with your buyers. These requirements are referred to as our “Seller Service Standards.” The SANUSLIFE Marketplace Team may contact you if you do not meet the Seller Service Standards. The “Seller Service Standards” require that you provide excellent customer service to users on the SANUSLIFE Marketplace at all times. As a business owner, building good relationships with your customers is crucial for your success. Making an effort to establish a connection with your customers can significantly impact your positive reviews, repeat purchases, and visibility on the SANUSLIFE Marketplace. Customer service begins the moment a buyer first views your item. Your product alone is not enough to encourage a purchase. Buyers also want to know important product details (size, color, material, etc.), delivery times, and whether they can return or exchange products. Informative and clear item pages and Terms and Conditions build trust with potential buyers. Communication between buyers and sellers is one of the most important factors for a successful transaction. Buyers may send you messages with questions about a product before they purchase, questions about shipping times, or issues with their order after they have placed it, or questions or concerns about their product after receiving it. Occasionally, unforeseen events may occur, such as a lost package, delayed manufacturing, or a dissatisfied customer with the purchased product. Admitting there is a problem and taking practical steps to resolve it can often defuse a frustrating situation and gain loyal customers. We understand that some orders may not go as expected despite your best efforts. Please note that you must always resolve issues related to the customer's order directly with the customer. Customer service does not end with the completion of a transaction. Many customers become repeat buyers. Staying in touch with them can therefore be very helpful in strengthening customer loyalty. Before contacting customers, ensure that you have obtained their consent to send them messages and that you comply with all applicable local advertising laws. We recommend using the tools SANUSLIFE provides to support the success and growth of your shop. These features are designed to save you time and make managing your shop easier. We monitor shops for patterns that may lead to negative experiences for buyers, such as a potentially unmanageable increase in order volume, delayed shipping, or lack of communication. We also consider the possibility of exceptional situations that may affect your shop. If we conclude that your customer service is leading to or could lead to negative experiences for buyers, we reserve the right to restrict, temporarily suspend, or completely close your account. Restrictions may include removing your items from search results or other website features, pausing your shop, delaying payouts to your payment account, and/or suspending your selling and buying privileges. Selling on the SANUSLIFE Marketplace obliges you to:

1. Adhere to your shipping and handling times. As a seller, you are required to ship an item promptly, except in exceptional cases, or complete a transaction with a buyer promptly. Note that legal requirements for shipping times vary by country. Additionally, selling on the SANUSLIFE Marketplace also obliges you to: a. Provide a correct sender address; b. Transparently display the seller's costs including shipping costs and handling times on your item pages; c. Ship items immediately after sale. Immediate shipping means that you must ship items within 30 days from the purchase date unless you have specified a different handling time or made a different agreement with the buyer through your messaging system. Before updating your handling time for a specific order, you must first obtain the buyer’s consent; d. Comply with all national and international shipping and customs regulations; e. Send the order to the address listed as the buyer's address on the SANUSLIFE Marketplace; f. Mark the order as shipped when you have dispatched it. When you mark an order as shipped, the buyer will receive a notification; g. Charge a correct and appropriate amount for shipping; h. If shipping your items under EU law, comply with the EU directive on warranties and returns, which requires a seller to repair, replace, reduce the price, or refund the purchase price if goods are found to be defective or not as advertised. If a product or service is purchased online or outside your shop (in this case, online via the SANUSLIFE Marketplace), the customer has the right to withdraw from the purchase and cancel their order within 14 days without giving any reason; i. If shipping your items under other regional, national, or international laws, also adhere to those guidelines.
2. Respond promptly to messages;
3. Fulfill the obligations you undertake in your shop’s Terms and Conditions;
4. Resolve disputes or issues with orders promptly with the buyer;
5. If you cannot fulfill an order, inform the buyer and cancel the order.

Regarding contract withdrawal, the following rules apply on the SANUSLIFE Marketplace:

1. Refunds: Unless otherwise agreed, refunds are made using the same method as the original payment.
2. SANUSPAY and STRIPE: If the customer paid with SANUSPAY or Stripe, the refund of the SANUSBUSINESS margin is made exclusively in the form of vouchers (gift certificates) credited to the customer’s voucher account. The value of the vouchers is always indicated in euros.
3. SANUSLIFE Policies: SANUSLIFE grants refunds exclusively for online payments via SANUSPAY or Stripe. For QR code payments, in-store or also online, the right of withdrawal does not apply, and the customer does not receive a refund of the SANUSBUSINESS and SANUSPLANET margins. In such cases, the seller is free to offer refunds, vouchers, or other forms of accommodation independently. The SANUSBUSINESS and SANUSPLANET margins are not refunded by SANUSLIFE and SANUSPLANET in these cases.
4. Currency and Exchange Rates: All amounts are refunded in euros or the local currency at the same exchange rates at which the amount was originally paid. When converting and refunding the amount in SAC, the current exchange rate is used. This rate is determined at the time of the refund. Thus, a customer who paid 100 SAC for their purchase may receive only 90 SAC or even 110 SAC as a refund.
5. Exchange Risk: The exchange risk of euros or other local currencies or SAC is always borne by the customer and/or the seller. However, customers and sellers always have the option to convert volatile SAC into a stablecoin (USTD; EURC) to avoid exchange rate fluctuations both up and down.

2. Proper Behavior, Communication, and Data Protection

At SANUSLIFE, everyone is expected to treat each other with respect, including sellers treating each other respectfully.

A. Creating and Uploading Content

As a seller on the SANUSLIFE Marketplace, you have the opportunity to create and upload a variety of content, such as item pages, messages, text, photos, and videos. To ensure a safe and respectful environment for our users, you agree not to upload content that:

a) Contains hateful or derogatory text or images, or content that falls under our policy against discrimination and hate speech; b) Contains threats, harassment, or extortion attempts, or violates our interference rules; c) Represents an infringement of another person’s intellectual property rights; d) Is false, deceptive, or misleading; e) Contains unwanted advertising, solicitations (except for SANUSPLANET), or spam; f) Contains private information, whether your own or someone else’s; g) Encourages or facilitates a transaction that circumvents the payment process provided by SANUSLIFE; h) Contains prohibited claims about the therapeutic effectiveness of products; i) Violates any rules in our policy on prohibited items.

B. Data Protection and Privacy

You are responsible for protecting the personal data of SANUSLIFE users that you receive or process and for complying with all applicable legal requirements. This includes applicable data protection and privacy laws that govern how you can use information from SANUSLIFE users. These laws may require you to publish and adhere to your own privacy policy. This policy must be accessible to SANUSLIFE users with whom you interact. Your privacy policy must align with these Terms and Conditions, SANUSLIFE’s Terms of Use, and SANUSLIFE’s Privacy Policy.

Once you sell items on the SANUSLIFE Marketplace, you will receive personal data (such as to communicate with users or process transactions with buyers) and you must decide how to handle this data. This means that you process personal data (e.g., names, email addresses, and shipping addresses of buyers) and are therefore an independent data controller under Swiss and EU legislation concerning data of other users you may have received through our services.

For more information on the EU General Data Protection Regulation, you can refer to https://dsgvo-gesetz.de and https://www.datenschutz-grundverordnung.eu. To the extent that you process personal data from users outside our services, you may be required under applicable data protection and privacy laws to comply with requests from those users for data access, data transfer, data rectification, and data deletion, as well as objections to processing. If you disclose personal data without the proper consent of the buyer, you are responsible for such unauthorized disclosure. This includes, for example, disclosures made by you or resulting from an unintentional breach of data protection. For instance, you might receive a buyer’s email address or other information during a transaction. This information may only be used for SANUSLIFE-related communications or transactions enabled by SANUSLIFE. You must not use this information for unsolicited advertising or unauthorized transactions. Without the buyer’s consent and subject to other applicable laws and SANUSLIFE policies, you must not add a SANUSLIFE user to your mailing list for email or postal communications, use the buyer’s details for marketing purposes, or obtain or store any payment information. Please be aware that you are responsible for understanding the consent standards required in each case. If SANUSLIFE and you are found to be jointly responsible for the personal data of buyers and SANUSLIFE is sued, fined, or incurs other costs due to actions you took as a joint data controller, you agree to indemnify, defend, and hold SANUSLIFE (and its employees, agents, advisors, subsidiaries, partners, affiliates, and licensors) harmless from all claims, costs, losses, damages, liabilities, judgments, and expenses (including reasonable attorney's fees) related to your processing of personal buyer data.

For more information, see our Privacy Policy.

C. Communication Standards

i. Messages

The SANUSLIFE Marketplace provides a messaging system through your profile to communicate directly with buyers or other SANUSLIFE users. Messages are best used when buyers have questions about an item or order.

The messaging feature must not be used for:

1. Sending unsolicited advertising, solicitations (except for the SANUSPLANET Foundation), or spam messages;
2. Harassment or insulting other SANUSLIFE users or violating our anti-discrimination policy;
3. Contacting individuals who have explicitly requested not to be contacted;
4. Interfering with the transaction or affairs of other sellers;
5. Exchanging personal contact, financial, or other information to bypass the SANUSLIFE Marketplace order process, including phone numbers, addresses, emails, social media handles, external URLs, instructions for money transfers, etc.

Interference

Interference occurs when a seller deliberately influences another seller's shop to disrupt or prevent potential transactions in that shop. Interference is strictly prohibited on the SANUSLIFE Marketplace. Examples of interference include:

1. Contacting another seller via the messaging system to warn them about a particular seller, shop, or item;
2. Posting in public areas to raise or discuss a dispute with another seller;
3. Making purchases from a seller solely to leave a negative review;
4. Creating or using a separate buyer account to maliciously increase negative reviews of another shop to make them more prominent.

Harassment and Discrimination

Harassment of other sellers through the messaging system is strictly prohibited. Messages must not be used to promote, support, or glorify hate or be otherwise discriminatory. If you receive a discriminatory message, please inform us immediately.

ii. Timeline and Groups

The timeline and groups are public areas provided by SANUSLIFE through the internal social media community where sellers can network and exchange information. Specific communication standards must be followed in these areas.

iii. Cancellation Communication

If you are unable to complete a transaction, you must notify the buyer via the messaging system and cancel the transaction. If the buyer has already made payment, you must issue a full refund. We recommend keeping a receipt of refunds in case of disputes. All cancellations are subject to your cancellation policy.

Right of Withdrawal in the European Union

Buyers from the European Union (EU) and, in parallel, buyers in the United Kingdom may have a 14-day "right of withdrawal" from receipt of an item. Within this period, they can return an item for any reason or even without reason. The details of this right vary by EU member state and the United Kingdom. The right of withdrawal may not apply to certain products, such as custom-made or perishable goods. Rights regarding digital items are regulated differently in each EU member state and the United Kingdom. For more information on the EU and UK right of withdrawal, consult your business advisor.

Right of Withdrawal Worldwide

Please note that each country may have its own laws regarding shipping, cancellations, returns, and exchanges in addition to this policy. Please familiarize yourself with the laws in your country and in the countries of your buyers.

For policies assigned to your shops, such as the policy for digital items, sellers may still cancel an order at their discretion and find a solution with the buyer.

Note on International Cancellations: Each seller should include their country’s policies in their Terms and Conditions (T&Cs). Compliance with these policies is mandatory on the Marketplace. However, the SANUSBUSINESS margin refund, as described under “General” and “Basics of Selling,” will always be issued in the form of a voucher.

3. Feedback and Administration

A. Reviews

Reviews help you build a good reputation on the SANUSLIFE Marketplace. Buyers can leave a review within 100 days from the later date of the item’s indicated delivery date. They can rate between one and five stars. If no delivery date is provided, the period for leaving a review starts after the processing time and shipping duration of an order have elapsed. Buyers can edit their review any number of times within this 100-day period.

In rare cases where you receive a negative review, you can contact the buyer or leave a response.

In addition to our rules for creating and uploading content in Section 2A, reviews and your responses to reviews must also:

1. Not contain cruel or obscene text or images or content that falls under our policies;
2. Not refer to things beyond the seller's control, such as a shipping company, SANUSLIFE, or third parties;
3. Not contain competitive manipulation or other attempts to falsely inflate a shop’s star rating; or
4. Not damage the integrity of the review system.

B. Marketplace Administration System

Through the Marketplace Administration System, buyers or sellers can notify the SANUSLIFE Marketplace Team about issues or conflicts they could not resolve with the respective seller or customer, so the team can assist in finding a solution. If a buyer contacts you about an issue with an order, you have 48 hours (business days) to resolve the issue. If the issue is not resolved within this period, the buyer may contact the SANUSLIFE Marketplace Team. Once a case is opened, the SANUSLIFE Marketplace Team will help resolve the case between the buyer and seller. This may include temporarily suspending the buyer's or seller's account until the case is resolved.

SANUSLIFE reserves the right to intervene in an order issue before the 48-hour window under certain circumstances, such as seller inactivity or harassment.

C. Your Seller Account and SANUSLIFE’s Terms of Use

To maintain security on the SANUSLIFE Marketplace and improve our services, we may take actions that limit the visibility of your shop, your items, or your ads, or that affect your payment account. If unusual order activities occur in a shop or if we otherwise believe that your actions or shop could lead to conflicts with buyers, chargebacks, increased fraud risk, counterfeiting, or other claims, SANUSLIFE may take measures in accordance with our Terms of Use, including these Terms and Conditions and the Payment Terms and Conditions, such as limiting the visibility of your account, placing restrictions or holds on your payment account, or suspending your seller account. Where appropriate and legally permissible, SANUSLIFE will provide the affected seller with information about the issue.

If an unusual increase in orders is detected in a shop, particularly in a high-demand category, the shop’s placement in search results may improve or decline. If a shop experiences an increase in completed orders and positive reviews, it may frequently result in higher visibility and better placement. However, sometimes a rapid increase in orders can decrease visibility. For more information on how search works, what factors affect placement, and how you can help optimize your items and shop, see the “Seller” section in the Marketplace footer.

Additionally, we may limit the visibility of items or ads in the interest of SANUSLIFE's security and to improve our services. For example, items or ads may be less visible if they contain terms representing a prohibited item, if item descriptions are incomplete or poorly presented, or due to third-party policies. These items or ads may also be excluded from appearing in one or more features of the services. Even if these items or ads are only partially visible, they can still be found through search.

If SANUSLIFE has reason to believe that you, your content, or your use of the services violate our Terms of Use, including these Seller Policies, we may disable your content for some or all users or suspend or terminate your account (and any accounts SANUSLIFE deems connected to your account) and your access to the services. Usually, SANUSLIFE will notify you that your content or account has been suspended or terminated, unless you have repeatedly violated our Terms of Use or we have legal or regulatory reasons preventing us from notifying you.

4. Final Provisions

If one or more clauses of the Terms and Conditions are invalid and/or ineffective, the validity and effectiveness of the remaining provisions shall not be affected.

We are pleased to offer these policies in your preferred language; however, please note that, as mentioned initially, only the German version of this document is legally binding. You can change your language preference in your account settings