GENERAL CONDITIONS OF SERVICE.
- Telephone: (34) 669 527 587.
- Email: [email protected]
- Data Protection Delegate: [email protected]
- Postal address: PLAZA DULCE CHACÓN, 3, 06300 ZAFRA, Badajoz, Spain.
Before buying or selling products through the site, it is important that you carefully read, understand and accept the Terms of Service.
The PROVIDER manages the page, where it offers its users the possibility of selling different articles as well as buying them from other users. To this effect, THE PROVIDER is a mere intermediary since all the articles included in the Page belong to and have been published by the users of the same.
As a user of the Page, you must understand that THE PROVIDER is an intermediary service provider consisting of hosting offers relating to the articles of its selling users in order for users who may be interested in such products to acquire them. The PROVIDER only provides the intermediation service that the existence of the Website implies as a mere platform for the exchange of information between seller users and buyer users, and is therefore solely responsible for said service.
The prices of the articles are shown including the existing taxes and fees in the buyer's country.
The information relating to the articles, their prices, the sales method, withdrawal rights and any other element relating to the articles included in the Page depend solely on the selling user since THE PROVIDER does not participate in any way or in the inclusion of the information relating to the goods, neither in the conclusion of the purchase and sale operations, nor in the transactions derived from the same, therefore any disagreement between the seller user and the buyer user in relation to said products or with the transaction carried out is alien to THE PROVIDER, except in those extremes that are detailed throughout the present document.
For information purposes, we remind you that buyers who act as consumers will not see their rights limited by what is contained in this document. Buyer users who use the Site must also differentiate:
1. The intermediation service provided by THE PROVIDER, and for which it is responsible.
2. The purchase and sale made with the selling users for which THE PROVIDER is not responsible and for which they must claim their rights as a consumer before the user who has offered the product. The PROVIDER makes a neutral provision of the service through a technical and automatic treatment of the data provided by its users so that any claim related to the goods offered must be addressed by the user buyer to the user seller.
In relation to the foregoing, special attention must be paid to the stipulations that contemplate the limitation of the responsibility of THE PROVIDER by virtue of the present Service Conditions.
You must bear in mind that participation in the purchase and sale via the Internet entails certain risks. For example, the seller may make inappropriate use of personal data provided by the buyer.
By checking the "I ACCEPT THE TERMS AND CONDITIONS OF THE SERVICE" option, you agree to be bound by these conditions and rules.
Description of the service.
THE PROVIDER acts as a meeting point on the Internet, allowing any registered user to sell and buy from anywhere and at any time.
Buying and selling service is provided in two modalities: Direct Selling and Auctions.
The Service has some limitations that you must know and accept.
The PROVIDER does not select, review or control the products offered for sale through its website, nor the people who participate in the transactions.
The PROVIDER does not intervene in any way in the conclusion of the purchase-sale operations in which the users of the system participate and, in particular, is not involved in the reimbursements or guarantees that may have been offered. Thus, when a sale occurs, you and the other party are solely responsible for the sale.
The PROVIDER has no authority to act either on behalf of the seller or on behalf of the buyer. Since the transaction only takes place between users, the PROVIDER is not involved in any disputes that may arise between a buyer and a seller, nor in their resolution.
Users of the service.
Since users who use the Service do so for the purpose of negotiating purchase and sale agreements, only persons who are of legal age may participate. By checking the "I ACCEPT THE TERMS AND CONDITIONS OF THE SERVICE" option, you represent that you are 18 years of age or older, and that you have the ability to buy and sell.
To be a user of the service you must register and provide the personal data requested, among others, your name and email address, and you are obliged to ensure that they are true and true, as well as to keep them updated if they change.
The collection of personal data is carried out on the basis of our privacy policies, which can be consulted HERE. In order to improve the Service, we ask you to inform us of any anomalous behaviour on the part of users of the Service.
Specific rules for buying and selling.
The functioning of the Service is based on the fulfilment by users of the commitments they assume.
If you offer a product for sale and a buyer asks you to buy it, or if you place an order for a product for sale, you are obliged to conclude and complete the sale of it. You cannot withdraw your position unless special circumstances arise.
By selling or buying a product, you represent and warrant that you have the right to buy or sell that item.
Specific rules for the VENDOR.
The Service only admits one merchant account per DNI or NIF.
As a seller, you undertake to sell your products classified in the appropriate category and to describe truthfully and accurately the goods you offer, so that you are not misleading as to their characteristics, origin and qualities.
In your descriptions, you must not include any link or advertisement relating to other goods, or material relating to goods that are not being sold through the site.
As a seller you expressly agree not to include advertising, data, keys or brands that allow buyers to locate their lots for sale by alternative methods to those that the site makes available to buyers.
Only objects may be sold, not services.
Under no circumstances should you sell the following items, listed in a non-exhaustive manner:
- Any article whose sale or advertising is illegal or prohibited by any applicable legislation, law, regulation, order or regulation.
- Any item that you do not have the right to sell.
- Any item that infringes or violates the rights of any person.
- Any other item that, in the discretion of THE PROVIDER, is contrary to the policy of the Service provided.
- Any article of illicit origin.
If any article of illicit origin is detected, THE PROVIDER will inform the competent authority.
If the item you offer for sale receives a purchase order through the Service, you are obligated to make the purchase-sale of the same with the buyer.
You have a maximum period of 7 calendar days to proceed with the shipment.
The PROVIDER will charge the seller, as payment for the use of the Service, a fee that is clearly specified in the Service Fees. As a seller, you expressly accept the payment of this fee for the provision of the Service.
In order to proceed with the liquidations of the operations to the selling users, it is essential that the buyer communicate to the PROVIDER the reception and conformity of the operation. In addition, and starting from this communication, the deadlines established in Legislative Royal Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users, more specifically in relation to the right of withdrawal (14 days from receipt of the product), must expire.
Taking into account the previous paragraph, the date of the settlements of the transactions carried out successfully will be as follows: In order to safeguard the legal rights of withdrawal of the buyers, the amounts of the sales made between the 1st and the 15th of each month will be paid between the 1st and the 5th of the following month after deduction of the commissions for the service. Likewise, the sales generated between the 16th and 30th of each month will be paid between the 16th and 20th of the following month once the commissions for the service have been deducted.
You expressly agree to provide THE PROVIDER, when required, the data necessary to make the payment of the corresponding fees for the provision of the Service. The PROVIDER reserves the right to temporarily suspend from the sale all lots of a seller as long as there are outstanding debts. Also, the seller is responsible for the costs of delay and management arising from defaults amounting to 7.25 EURO + VAT per unpaid invoice.
It is the seller's responsibility to keep all published articles available in order to prevent users' sales expectations from being adversely affected. The seller must assume responsibility for a lost, damaged or previously sold item, and in this case remove it from the sale before it can be purchased.
When an order is not successful for a justified reason, the seller undertakes to notify the PROVIDER, within 15 days of the sale, of the cancellation of the order. The PROVIDER, after verifying with the purchaser the failure of the purchase operation, and once the lot is put back up for sale, will proceed to cancel the order and, if applicable, to pay the seller the fees charged for that failed operation. If the cancellation occurs after the order has been settled, THE PROVIDER will deduct the amount from the settlement corresponding to the management processing date, provided that it is requested within 100 days from the date of sale.
As a seller, you expressly accept that this payment will be returned to you, deducting it from the subsequent settlements made.
You undertake not to prevent the good development of other sales (for example, by contacting the users of the Service and offering them similar lots at lower prices).
In the event that any type of irregularity and/or non-compliance with the rules of the system is detected, the privileges on those free services and tools, currently implemented and to be implemented in the future, which we make available to users, will be withdrawn, and lots may not be auctioned or recycled free of charge. Likewise, the collection of pending settlements may be brought forward when the service manager deems it convenient, taking into account the circumstances that have occurred in the account.
You expressly understand and accept that when a sale is formalised, your details will be provided to the buyer of the lots so that the operation can be carried out successfully. THE PROVIDER is not responsible for the use that buyers may make of the information you provide.
As a seller, you expressly accept that buyers enter in the Valuations section comments, positive or negative, relating to the transaction made with you and that you are classified in accordance with them, without the PROVIDER assumes any responsibility for that reason.
Specific rules for the BUYER.
You must ensure that it is not prohibited to purchase the items you buy, in the jurisdiction where you live or any other applicable and will be solely responsible for it otherwise, without the PROVIDER, as a mere provider of intermediation services, assumes any responsibility for that concept. As indicated above, THE PROVIDER only provides the Intermediation Service that makes the Page a meeting point between sellers and buyers, so any claim relating to the property acquired must be directed to the relevant seller.
You expressly understand and accept that when you formalize a purchase, your data will be provided to the seller of the lots so that the operation can be carried out successfully. THE PROVIDER is not responsible for the use that sellers may make of the information you provide.
As a buyer, you expressly accept that the sellers involved in your purchases enter in the Valuations section, comments, positive or negative, relating to the transaction made with you and that you are classified in accordance with them, without the PROVIDER assumes any responsibility for that reason.
It is a fundamental requirement that once you receive the goods the buyer notifies the PROVIDER to email [email protected] the receipt of the same and if applicable its conformity or not on the same. In the absence of notification and, where applicable, the conformity or otherwise of the product purchased, the PROVIDER shall be deemed to be the total conformity of the purchaser.
OTHER IMPORTANT RULES.
Identification and Password.
You are responsible for all actions taken under your access password, which you should not provide to anyone keeping your confidential character. You must not use your access password for anything that is not authorized.
It is strictly forbidden to manipulate the information included in the Valuations section. Manipulation includes, but is not limited to, the following actions: entering positive information about yourself or having others do it for you; entering negative information about others using a third party identifier and password; or entering negative information about a user because the user has done or failed to do something unrelated to the sale.
The PROVIDER reserves the right to modify the Valuation rules. In this case, users of the Service will be informed in due course.
Given that the Ratings are carried out solely by the users of the Service, THE PROVIDER does not assume any responsibility for this concept. You expressly accept that, through the use of the Service, you are exposed to the Ratings and consequent classification, whether favourable or unfavourable, that you receive from another user.
Role of the PROVIDER in the intermediation service.
The PROVIDER is not involved in carrying out the purchase-sale operation between the seller and the buyer of the articles appearing on its website. The function of THE PROVIDER is limited to facilitating Internet support and communication and contact between potential sellers and buyers of a given good, through the use of the Service, being therefore a mere intermediary for the purposes of Law 34/2002, of 11 July, on information society services and electronic commerce.
THE PROVIDER is a mere provider of intermediation services, so we remind you that it does not control or supervise, nor does it assume any responsibility beyond that legally foreseen for the quality, safety, characteristics and other elements of the articles offered for sale, nor the legality of the articles advertised and offered, neither the veracity and accuracy of what was sold with the description given by the seller, nor the fulfillment of the legal requirements to offer and sell the goods sold, nor the capacity and legitimacy of the seller to advertise and sell the goods he offers, nor of the buyers to buy the lots they request, nor the custody of the articles for sale.
Remember that contacting and dealing with unknown people always involves risks, over which THE PROVIDER has no control, nor assumes any responsibility. In any case, THE PROVIDER, provides users with a rating and classification Service that will help you evaluate the people you deal with, but you must bear in mind that it is not infallible and that THE PROVIDER does not endorse or guarantee the accuracy and correctness of such classification, or the users' compliance with applicable law, or their corresponding commitments. Therefore, you must use the Service acting freely and prudently and, in any case, at your sole responsibility and sole risk.
The PROVIDER also does not control, supervise or assume any responsibility for the buyer's ability to pay.
Likewise, THE PROVIDER does not intervene in the fixing of the price of the article, which will be fixed by the seller in the case of a direct sale, or by demand in the case of a sale by the auction method, nor in the conditions of payment, shipping and other terms of sale, which will be set by the seller, nor in the compliance by the aforementioned parts of these terms and conditions.
Consequently, given that THE PROVIDER does not intervene in the transaction between you and other users, you understand that you should not demand from THE PROVIDER and any of its agents, employees and dependents any claim, demand, compensation for damages (whether effective or for lost profits) of any kind and nature, known or unknown, foreseeable or unforeseeable, hidden or not, that may derive or derive, or are in any way related to sales transactions not perfected or perfected, or items offered or sold beyond those provided for by current legislation.
Information published in the service.
You agree not to use the Service for any purpose that is unlawful or for the transmission of any material that is unlawful, libelous, defamatory, invasive of another's privacy, coarse, threatening, harmful, vulgar, obscene, harmful or otherwise unacceptable, or that infringes or may infringe upon the industrial or intellectual property rights or other rights of another.
In any case, you understand that THE PROVIDER, can not control or control the information that other users send through the Service limited to reflect the information provided by users. Even when it is prohibited, some users may introduce, supply or transmit offensive, false, harmful or defamatory information and THE PROVIDER is solely responsible in the cases provided for by current legislation and in particular by article 16 of Law 34/2002, of 11 July, on information society services and electronic commerce (Responsibility of providers of hosting services or data storage). On the other hand, you must be prudent in communicating information to other users in the use of the Service.
The User expressly agrees that THE PROVIDER or the person designated by him/her may process the registration data for his/her legitimate purposes in accordance with these Service Conditions and, subject to the personal data protection rules that protect the information provided by you (such as your e-mail address, your name, your user identifier).
Pursuant to the same, THE PROVIDER shall not provide any other user of the Service with such information, except in the event that you are the buyer or seller of an item for sale, so that the parties can complete the transaction, or any third party, except as necessary for:
- (a) to comply with the law;
- (b) to comply with legal proceedings, including orders of competent judicial or administrative bodies;
- (c) to respond to claims that such content infringes the rights of third parties; or
- (d) to protect the legitimate interests of THE PROVIDER or third parties, which is expressly accepted by you. The rules of the PROVIDER regarding data protection and privacy, you can consult them HERE, warning you that they may vary in the future. We recommend that you review them frequently to be aware of possible changes.
Use of published information.
When you participate as a user of the Service, you provide us with certain information about yourself and/or the lots offered for sale. You grant THE PROVIDER, the non-exclusive right to use all such information and other derived from it, in any medium, currently known or unknown. This right includes, but is not limited to, the right to show, edit and display the information provided by you in any Service or medium of THE PROVIDER.
For the purposes of this paragraph, information means, but is not limited to, data, text, photographs, drawings, ratings and any other information or data displayed or presented in connection with your items offered for sale through www.numismaticayfilatelia.com.
With respect to intellectual property rights that may arise in connection with material shared on the Site, by checking the "I ACCEPT THE TERMS AND CONDITIONS OF THE SERVICE" option, you grant us for the whole world a non-exclusive, free and irrevocable license to use all of your intellectual property rights in the material displayed on our website, in any future medium, whether known or unknown at present, as well as the right to grant sub-licenses (at different levels).
Service user condition.
The PROVIDER reserves the right of admission to the Service, and you expressly accept that the PROVIDER, in the event that you seriously breach these conditions or repeatedly breach them, remove any Service in which you participate or your use of the Service, in particular, without limiting the right of admission, may do so if:
- (a) THE PROVIDER understands that you have acted against the letter or spirit of these Terms of Service; or
- (b) if PROVIDER understands that you have infringed or purported to infringe the rights of other users.
You expressly agree, likewise, that your user account will be terminated if you do not use this Service at least once for a reasonable period of time (as determined by PROVIDER), which shall not be less than six months. You agree that PROVIDER assumes no liability whatsoever, whether contractual, extra-contractual or otherwise, to you or any third party in respect thereof.
Definition of guarantees.
The user expressly accepts that the use of the service is at his/her own risk. The service is provided as and when available. The user declares to know that THE PROVIDER, is a provider of intermediation services consisting of hosting the information of the articles that users decide to share through www.numismaticayfilatelia.com, so it is not responsible for the information stored at the request of its users except in the cases provided for by Article 16 of Law 34/2002 of 11 July, on information society services and electronic commerce (Responsibility of providers of hosting services or data storage).
The PROVIDER expressly excludes giving any guarantee regarding the service, information and other content transmitted through it and the products offered therein, whatever they may be, express or tacit, including, by way of example, the tacit guarantees relating to their marketability and/or suitability for a specific purpose and the fulfilment there of.
The PROVIDER does not guarantee in any way that the service will be adapted to the needs of the user or that the service will be uninterrupted, punctual, safe or error-free. THE PROVIDER does not guarantee the results to be obtained from the use of the service, nor the accuracy or reliability of the information obtained through the service nor that defects in the software, if any, will be corrected.
The user knows and accepts that any material and/or data received, or otherwise obtained, through the use of the service or from the same, or any good obtained through the service, have been freely and at the sole responsibility and exclusive risk of the user and that the user will be solely responsible for any damages arising from it or from any other transaction.
THE PROVIDER does not offer any guarantee on goods purchased or obtained through the service or on operations agreed through it, nor on the fulfilment by users of their corresponding legal or contractual obligations. Any claim relating to the goods purchased must be addressed to the relevant seller.
No advice or information, verbal or written, obtained by the user of THE PROVIDER or through the service will constitute, nor should it be understood as a guarantee, unless expressly provided herein. The provisions of this point shall not apply in relation to users who act as purchasers consumers and shall only not apply in cases where it conflicts with the provisions of legislation on consumer rights.
Compliance with laws.
In using the Service you agree to abide by all applicable laws and regulations, whether local, state, national or international. You agree to:
- (a) not use the Service for illegal purposes;
- (b) not obstruct or disrupt the Service or servers or networks connected to the Service;
- (c) comply with all requirements, procedures, rules and regulations of networks connected to the Service; and
- (d) comply with all applicable laws regarding advertising, consumer and user protection, and sale of goods and other applicable laws.
Unauthorized assignment and commercial use.
You agree not to resell or assign your rights and obligations under these Terms of Service. You also agree not to engage in unauthorized commercial use of the Service.
Information to third parties.
You agree not to use the information of third parties, unless necessary to complete any operation derived from the Service.
Responsibility of the user.
The User undertakes to indemnify THE PROVIDER against any losses, costs, damages, claims or requirements, including reasonable attorneys' fees, incurred by or suffered by THE PROVIDER in connection with, as a result of or as a consequence of the use of the Service or transmission through it under the User's password or account in contravention of these Terms of Service or any applicable local, national or international laws or regulations, or as a consequence of infringement by the User of the rights of third parties.
Any notifications to the user or to THE PROVIDER must be made by e-mail or by normal mail through the addresses indicated in these conditions. Likewise, THE PROVIDER may notify users of changes made to the Conditions of Service or other extremes by including the relevant notices in the Service.
These Terms of Service and the relationship between you and the PROVIDER are governed by Spanish law and, where applicable, European law, regardless of the applicable conflict of laws. The user and THE PROVIDER expressly submit irrevocably to the exclusive jurisdiction of the courts of the PROVIDER's domicile, except in those cases in which the legislation on consumer law is applicable, in which case the jurisdiction provided for by the applicable rule shall apply.
The fact that THE PROVIDER does not exercise or demand any rights or stipulations of these Terms of Service shall not constitute, nor shall it be understood as a waiver of such rights or stipulations.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the court shall endeavor to respect and give effect to the intent of the parties reflected in such provision, and that the remaining provisions shall remain in full force and effect.