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Terms and conditions of the NetAWear service

These Terms and Conditions regulate the use and access to the NETAWEAR service accessible through www.netawear.com (hereinafter, the Platform) owned by Netawear, S.L. (hereinafter, the COMPANY) for all users registered in the Platform (hereinafter, User or Users).

The COMPANY offers a service through a Platform consisting of the possibility of buying and selling used items (clothing, jewelry, footwear, accessories ...), among the Users of the Platform. Likewise, the COMPANY may offer its own new products of associated brands for sale if it considers it appropriate.

Through the provision of its online brokerage services, the COMPANY assumes no responsibility whatsoever for claims, legal actions or claims for damages that may be filed against it in relation to contracts entered between Users through the Platform or pursuant to such contracts, unless the COMPANY has incurred in any breach.

Access to the Platform implies knowledge and acceptance of these Conditions:

1.

Access and Registration

In order to be a Platform User it is essential that the following requirements are met:

  • You must be 18 years old or older.
  • Accurately fill in the mandatory fields of the registration form, in which personal data are requested:
    • your sex, your name and surname;
    • your personal email address, your year of birth and your address;
    • other data necessary to operate that is required in the Platform;

You will also have the possibility to provide, if you wish:

  • your mobile phone number;
  • your photograph (s) and the site or websites you visit regularly;
  • your profession, your preferred brand (s), a personal description (free text field).

The User will receive a message confirming the activation of the account at the indicated email address. This message will contain as a summary your email address (user ID) and your password so you can connect to the Platform.

The User guarantees that all data on their identity and legitimacy provided to the COMPANY in its Platform registration forms are true, accurate and complete. It also undertakes to keep your data updated. In the event that the User provides any false, inaccurate or incomplete information or if the COMPANY considers that there are well-founded reasons to doubt the veracity, accuracy and integrity thereof, the COMPANY may deny access and present or future use of the Platform or of any of its contents and / or services.

When registering on the Platform, the User must enter their full name, an e-mail as user ID and select an access password (password). The password will be strictly confidential, personal and non-transferable. The User undertakes not to disclose the data relating to his account or make it accessible to third parties. The User will be the only responsible in case of use of such data by third parties, including the statements made in Platform, or any other action that is carried out through the use of your username and / or password.

The COMPANY allows the registration in Platform through synchronization with third-party services (eg Log-In with Facebook account). The COMPANY will always request the User the consent prior to registration for the synchronization of services between a third party and the COMPANY.

The COMPANY cannot guarantee the identity of the registered Users, therefore, it will not be responsible for the use of the identity of a User registered by non-registered third parties. The User undertakes to immediately inform the COMPANY of the theft, disclosure or loss of his username or password.

2.

Obligations of the User

The User is responsible for having the necessary services and equipment to browse the Internet and access the Platform. In case of any incident or difficulty to access the Platform, the User can inform the COMPANY who will proceed to analyze the incident and will give instructions to the User about how to resolve it as soon as possible.

The User is fully responsible for the access and correct use of his profile and other contents of the Platform subject to the current legality, whether national or international, as well as the principles of good faith, morals, good customs and public order. And specifically, it acquires the commitment to diligently observe these Conditions.

Users will refrain from using their profile and the rest of the contents of the Platform with illicit purposes or effects that are harmful to the rights and interests of third parties, or that in any way may damage, disable, affect or deteriorate the Platform, its contents and their services. Likewise, it is prohibited to prevent the normal use or enjoyment of the Platform to other Users.

The COMPANY cannot be considered editorial responsible, and expressly declares that it does not identify with any of the opinions that Users of the Platform may issue in the spaces of the Platform specially enabled for the comments of Users, whose consequences are entirely responsibility of the issuer. Especially regarding the opinions expressed by the Users about the quality of the services provided by the service providers hired through the Platform.

Those who fail to comply with such obligations will be liable for any loss or damage they cause. The COMPANY shall not be liable for any consequence, damage or harm that may arise from such access or unlawful use by third parties.

In general, the User undertakes, by way of example and not limited to:

  • Not host, store, disclose, publish, distribute or share any content that may involve an illegitimate interference or infringement in any way of the fundamental rights to the honor, image and personal and family privacy of third parties and, especially, of minors ;
  • Not publish in any section of the Platform or your profile or that of another User any comments or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any way contrary to morality or public order;
  • Not to alter or modify, totally or partially the Platform, eluding, deactivating or manipulating of any other its functions or services;
  • Not to infringe the rights of industrial and intellectual property or the regulating norms of the protection of personal data;
  • Not to use the Platform to insult, defame, intimidate, violate one's image or harass other Users;
  • Do not introduce computer viruses, defective files, or any other computer program that may cause damage or alterations in the contents or systems of the COMPANY or third parties;
  • Do not send mass and / or repetitive emails to Users, nor send email addresses of third parties without their consent;
  • Not to carry out marketing actions of goods or services without the prior consent of the COMPANY.

Any User may report to another User when he / she considers that he / she is not complying with these Conditions, likewise all Users may inform the COMPANY of any abuse or violation of these Conditions. The COMPANY will verify this report, as soon as possible, and will adopt the measures it deems appropriate, reserving the right to withdraw and / or suspend any User from the Platform for breach of these Conditions. Likewise, the COMPANY reserves the right to withdraw and / or suspend any message with illegal or offensive content, without the need for prior notice or subsequent notification.

3.

The COMPANY's Responsibility

The COMPANY does not have the obligation to verify and does not verify the identity of the Users, nor the veracity, validity, completeness and / or authenticity of the data that they provide in the Platform.

The COMPANY does not control nor will be responsible for the contents downloaded by the Users through the Platform. They will be the solely responsible for the legal adaptation of these contents.

The COMPANY has no obligation to control and does not control the use that Users make of the Platform and, therefore, does not guarantee that Users use the Platform in accordance with the provisions of these Conditions, or that they make diligent and / or prudent use of it.

The COMPANY reserves the right to limit, totally or partially, the access to the Platform to certain Users, as well as to cancel, suspend, block or eliminate certain type of content if it were known that the activity or information stored is illegal or that injures property or rights of a third party. In this sense, the COMPANY may establish the necessary filters in order to prevent illicit or harmful content from being poured into the network through the service.

The COMPANY will not respond in case of service interruptions, connection errors, lack of availability or deficiencies in the Internet access service, or interruptions of the Internet network or for any other reason beyond its control.

The COMPANY is not responsible for security errors that may occur or for any damage that may be caused to the User's computer system (hardware and software) or to the files or documents stored therein, as a consequence of the presence of a virus in the computer system or mobile terminal of the User that is used for the connection to the services and contents of the Platform or a malfunctioning of the browser or a use of non-updated versions thereof.

All content hosted on third-party websites that can be accessed from the Platform is the responsibility of those third parties and not of the COMPANY. If the User is the copyright owner of a content hosted on a third-party website and has not authorized the use of its content, he must contact directly the administrator of that website in which such content is hosted so it can be deleted from the corresponding site.

4.

The USER's Responsibility

Also, except in the case of claims for a delay or omission in the delivery of products that is attributable to the COMPANY, the Users will have to respond to any complaint or claim related to the products they have published, the descriptions of these products and the comments of any User about the product sheet, as well as the shipment of the products, whether in the context of a sale, exchange or return of a product.

It is the responsibility of the User to ensure that all their actions and all products made available through the Platform comply with the applicable legislation. The User assumes, in particular, all tax obligations related to the transactions made through the Platform. Likewise, it recognizes that the COMPANY is not responsible in any case for preventing, informing, helping, substituting or providing any kind of advice on any tax issue or obligation related to the transactions carried out through the Platform.

In case of receiving a complaint from a third party in writing informing the COMPANY of an improper use of the service or the Platform by a User or of a behavior that, in a completely objective manner, should be considered inappropriate, the COMPANY reserves the right to:

(i) immediately remove the product offered for sale through the Platform that has raised such complaint and / or cancel all transactions in progress and eliminate any other product offered for sale by the User in question, and / or

(ii) interrupt or cancel the provision of services to the User in question. In any case, the User will be informed by email of the measures adopted by the COMPANY. In the event that the COMPANY cancels a transaction, it will proceed to make the corresponding cash refund to the User, paying the amount in the same means of payment used to make the payment.

Likewise, the User undertakes to exonerate the COMPANY and its directors, administrators, workers, representatives and suppliers from any claim, liability, claim for damages, expenses and costs, including the fees of attorneys and advisors for a reasonable amount, in which the COMPANY incurs in the frame or by virtue of any claim made by a third party, and especially those related to violations of intellectual and / or industrial property rights.

5.

Terms of use of promotional coupons

Users may apply any of the different promotional coupons to benefit from existing offers of the COMPANY provided they have been issued or validated by the COMPANY and are within its term.

All promotional coupons are limited to a single use by User. In particular, the promotional coupons will be limited to a single holder of means of payment, account and telephone number. The COMPANY reserves the right to ask the User for additional documentation in case it suspects that there is a possible duplication of accounts intended to benefit with a promotion to the same User.

6.

Update and modification of Platform

The COMPANY may modify these Conditions at any time by informing by e-mail or by publishing the terms modified in the Platform. All modified terms will automatically take effect 30 days after they have been published.

Likewise, the COMPANY reserves the right to make, at any time and without prior notice, updates, modifications or elimination of information contained in the Platform in its configuration and presentation and the conditions of access, without assuming any responsibility.

7.

Intelectual Property

The COMPANY is the owner or licensee of the intellectual and industrial property rights regarding the texts, graphic design, source code and all other content of the Protected Platform under the laws of intellectual and industrial property. As a consequence, it corresponds to the COMPANY the exclusive exercise of the rights to exploit them in any way and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with Spanish legislation on intellectual and industrial property rights. The User authorization for access to Platform does not imply resignation, transmission, license or assignment total or partial on intellectual or industrial property rights by the COMPANY.


The User who is willing to share any type of content through the Platform, grants
to the COMPANY a non-exclusive, free and worldwide license with the purpose that the COMPANY can:

  • modify the photos of the products offered for sale, but only with regards to the resizing and framing as well as the "trimming" of the products, that is, the suppression of the background of the photograph so the product appears on a white background;
  • fix, reproduce, disseminate and exploit your image and / or your product photos, as well as publish comments, with limited character and for free; for the whole world and in any format, by any means and in any medium, in particularly in the Platform and in the sites of the partners of the COMPANY.

The User guarantees the COMPANY that it has all the intellectual property rights over the content that it shares on the Platform or has the authorization of the owners thereof, without violating any regulation, contract, right, interest or property of third parties.

8.

Industrial Property

Through the examination of the products prior to their delivery, the COMPANY does everything is in its hand to fight against counterfeiting or marketing products that may be
subject to a sales ban (eg products that violate the rights of third parties, garments
of clothing or accessories made before their mass production, uniforms or clothing
or accessories for employees of certain brands whose resale is not authorized ...).

In case of doubt about the authenticity of a Product, the COMPANY reserves the right
to request from the Seller any document that proves the authenticity of the
above mentioned product and suspend the account of the selling User until the receipt of
those documents, upon notification to the selling User by email.

8.

Dispute resolution

In the event that a dispute arises between users of the Platform, the COMPANY requests that
its Customer Service be used in advance by sending an email COMPANY address detailing the reasons for the dispute and attaching all documentation that may be of interest. The COMPANY will analyze the reasons and reasonings provided by both parties and will provide a solution in the shortest time possible, mainly taking into account that the day of execution of the contracted services is not harmed.

9.

Data Protection

Last Update May-2018

At Netawear we are committed to the privacy of our users. Therefore, we want to offer you clear and transparent information about the way in which we treat your personal data, so you can freely determine if you wish to provide us with your data.

Introduction

By providing us with personal data on the website under the domain www.netawear.com and its respective subdomains, either through the use of the contact form, at the time of registering as a user and as a result of establishing a commercial relationship with Netawear, you consent to your data being processed with the purpose of managing and providing the service with Netawear, as well as of receiving information that may be of interest to you.

What personal data do we manage?

In order to provide the service you need, we store and process one or more of the following personal data:

- Full name of the contact person

- Contact phone number

- Email address

- Shipment or product collection address

- IP adress

- Cookies: When you browse the Web you are providing us with some information about the pages you are visiting (for example, your search preferences).

How do we use your personal data?

In Netawear we will strictly respect the confidentiality of the personal data you provide us. In order to process and carry out your order, we communicate your delivery information to the shipping company in charge of the delivery and, if applicable, your payment information to the banking institution or the credit card company in charge of processing the payment.

In all other cases, we will only communicate personal data to third parties, as long as there is a legal obligation or if you have previously given us your consent. In particular, we will not sell, rent or send your personal data to third parties for marketing or advertising purposes without your express consent.

To protect your data, we have implemented the corresponding security measures to prevent unauthorized access, alteration or loss of your personal data.

We only use your personally identifiable information to respond to your requests and provide you with the corresponding service and to maintain business relationships informing you of products and services that may be of interest to you.

The suppression of the stored personal data takes place in case its knowledge is no longer necessary for the fulfillment of the purpose for which they had been stored, if its storage is prohibited for other legal reasons, or if you revoke your consent.

How can I request access, modification or cancelation of the use of my data?

If you want to exercise your rights of access, rectification, cancellation and opposition to the processing of your personal data by Netawear SL (NIF B66945346), you can do so at any time and free of charge in the following ways:

By email (email) to info@netawear.com, from the email address you use to access Netawear, with the subject "cancellation of personal data".

Through a written and signed request sent by ordinary mail to our registered office in Travessera de Gràcia 18-20, 5º 2ª, Barcelona, Spain.

This communication by email or regular mail must contain:

· Name and surname of the applicant

· Request in which the request is specified

· Email address with which you signed up (email)

· Photocopy of your ID or passport

· Postal address and contact telephone number

Service Provider

In compliance with article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the following identifying data of the service provider are exposed through the website netawear.com (hereinafter , the website or the service):

Name: Netawear, SL

Address: Travessera de Gracia 18-20, 5º 2º

NIF: B66945346

Email: info@netawear.com

Mercantile Registry of Barcelona Volume 45776 Folio 66 Page 498644 Inscription 1

10.

Independence of Clauses

If any of the clauses of these Conditions, as well as the rest of Conditions established in the Platform, were null and void or voidable, it will be considered as not valid. This declaration of nullity will not invalidate the rest of the Conditions, which will maintain its validity and effectiveness between the parties.

If any clause of these Conditions were declared, totally or partially, null or ineffective, such nullity or inefficacy will affect only that provision or its part that is null or ineffective, and the Conditions will subsist in everything else, treating such provision or its part as not being placed.

11.

Aplicable Legislation

These Conditions will be governed by Spanish legislation, which will be applicable on the provisions of these Conditions in matters of interpretation, validity and execution. Also both parties submit, expressly waiving to any other jurisdiction, to the Courts and Tribunals of Barcelona.

The European Commission has recently made available to consumers of the Union
European an online dispute resolution website to resolve litigation that occurs
in friendly electronic commerce (Article 14, paragraph 1, Regulation (EU) 524/2013)
whereby Platform Users have the right to submit claims in the following
link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

12.

Conditions for buyers of the netawear service

These Terms and Conditions regulate the use and access to the NETAWEAR service accessible through www.netawear.com (hereinafter, the Platform) owned by Netawear, S.L. (hereinafter, the COMPANY) for users registered in the Platform in the contractual relationship of purchase of products to other registered users of the Platform (hereinafter, Buyer Users and Seller Users).

Through the provision of its online brokerage services, the COMPANY assumes no responsibility whatsoever for claims, legal actions or claims for damages that may be filed against it in relation to contracts between Users through the Platform or pursuant to such contracts, unless the COMPANY has incurred in any breach.

Buying Process

The Buyer User may access the purchase of products through the Platform by following all the steps of the contracting procedure set by the Platform. The product sheet indicates whether the product offered for sale belongs to and has been offered for sale by the COMPANY, by a non-professional Seller User or by a professional Sales User.

The applicable prices will be those published automatically during the contracting process in its last phase. The Buyer User will always be informed of the final price prior to the completion of the contracting gateway. The User may make the payment by credit card, debit card, PayPal or bank transfer. The COMPANY grants the possibility to the Buyer User to record the data of his payment credit card by checking the box "I authorize to memorize the data of my card" so he / she does not to have to introduce them again in the next orders that he / she makes in the Platform.

The Selling Users may provide the information regarding the products in their respective languages. The COMPANY may provide a translation of this information, although exclusively for indicative purposes. In case of contradictions or conflicts with any translation, the information written in the language of origin of the product sheet will prevail. The COMPANY declines all responsibility for the translation offered, which is provided only as an indication.

The contracting gateway of the Platform will inform the Buyer User via email, of all the relevant characteristics of the contracted service, once the contracting procedure is finished. If the Buyer User does not receive the confirmation email within twenty-four hours after the completion of the purchase, it will be the responsibility of the Buyer User to confirm with the COMPANY the approval of the transaction.

Delivery of Orders 

The Buyer User must provide the following essential information to complete the purchase-sale transaction:

• your name and surnames, and, if applicable, the name and surnames of the person to whom the Product (s) must be sent, if they are different;

• the delivery address, whose information must be indicated in a complete and detailed manner in order to allow and facilitate the delivery of the Orders.

The delivery of the order to the Buyer User will be done by the COMPANY according to the different alternatives it offers at each moment. The shipping price is calculated automatically at the time of requesting an order and is calculated based on the weight of the order and destination.

Delivery times will be specified in each case depending on the product and destination countries, and the approximate shipping costs is fifteen euro (€ 15) for Spanish mainland territory.

In the event that there are customs charges that must be settled, it will be on behalf of the Buyer User who is responsible, expressly exonerating the COMPANY, of any charge, procedure, tax, duty or obligation imposed by any competent authority or applicable law, as a result of sending the item to the country or place of destination.

Product delivery 

a) In the event that the COMPANY directly sells its own products through the Platform, the Buyer User will be specified a delivery date in his order during the contracting process on the Platform's payment gateway.

b) In the event that the COMPANY acts as representative of the Seller User, the date of delivery of the product to the Buyer User will be conditioned by the date on which the COMPANY receives the product sent by the Seller User. Consequently, the COMPANY can not commit to send the product on a fixed date. In its place for this type of sale, the date of issue will be a maximum of 25 calendar days from the receipt of the product of the Seller User by the COMPANY.

In the event that the Buyer User does not receive their products within 25 calendar days following the date of the order, the Buyer User will then have the possibility of canceling the order provided that he has previously summoned the COMPANY to correct the situation in a reasonable period of time and that this request has not been fulfilled as agreed. In case of canceling an order, the COMPANY will return the amount of the order within a maximum period of ten (10) calendar days in the same means of payment that was used at the time of purchase.

Products not in accordance with the product sheet 

I. In the case of receipt by the COMPANY of products sent by the Seller User that do not comply with the product sheet at the time of quality control. If the COMPANY detects that a product does not correspond to the product form filled out by the Seller User (eg with regards to the status of the product), then:

a) In the case of products that correspond only partially with their description, the COMPANY undertakes, in the name and on behalf of the Buyer User, to negotiate a price reduction with the Seller User, or to cancel the order and reimburse the amount to the Buyer User. It will be the Buyer User who chooses between the two previous options.

b) In the case of products that do not correspond to the description provided in the product file or constitute forgeries or have their sale prohibited, the COMPANY will cancel the sale and refund the amount to the Buyer User.

II. In the case of receipt by the Buyer User of products sent by the Seller User that do not conform to the product sheet, then:

a) In the case of products purchased from Professional Seller Users. In case of non-compliance (defective product) with the description reflected in the product sheet, or that a product that violates these Conditions, the Buyer User shall have the right to submit a claim to the COMPANY within a maximum period of fourteen (14 ) days from the date of receipt of the product, in order to obtain, at the option of the Buyer User, the replacement or repair of the product or its refund, if it were impossible to replace or repair it.

b) In the case of products purchased from non-professional Seller Users. If the product does not comply with the description contained in the product sheet, the Buyer User will contact the COMPANY within a maximum period of five (5) calendar days from the date of receipt of the product. In order to inform the COMPANY of its justified claim for such dissatisfaction of a product purchased from a non-professional Seller User, the Buyer User must send an email to the COMPANY explaining the reasons why the product does not comply with the description of the product sheet and / or is not in accordance with these Conditions. In addition, to the extent possible, he / she will attach photographs that support his / her claims.

If the disagreement is due to the Buyer User changing his mind, the COMPANY will allow the Buyer User, within a period of seven (7) calendar days from the receipt of the product, to put it back on sale through of the Platform without any commission cost for the Buyer User.

In any case, if reimbursements occur, the Buyer User may choose between a direct payment in the same payment medium used in the purchase or through a voucher to be used in another product of the Platform.

Return and right of withdrawal for purchases made to Professional Seller Users 

In the case of Products purchased by Professional Seller Users (including, therefore, the COMPANY when selling its own products directly through the Platform): when a Buyer User that has the status of a private individual and is located in the Economic Area European.

The Buyer User will have a period of 14 calendar days from the date of receipt of the product to return it. Unless the return is made for defects in the product, the expenses related to the return must be assumed by the Buyer User.

The Buyer User will have to pay the shipping costs to return the product, and the product must be returned in perfect condition without limiting its use (provided that it does not go beyond the mere verification of the good condition and functioning of the product itself).

Once the COMPANY receives the product and verifies that it is in perfect condition, it will proceed to refund the amount of the product as well as the shipping costs paid by the Buyer User.

The Buyer User has the following form to facilitate their right of withdrawal https://www.confianzaonline.es/Modelo_de_formulario_de_desistimiento.pdf

Likewise, the Buyer User will have a warranty period for faults that manifest during the minimum period of two years for new products and a minimum period of one year for second-hand products.

Return of products to Non-Professional Seller Users

When the Buyer User purchases a product from a non-professional Seller User, the Buyer User will not have the right of withdrawal. Nonetheless, Non-professional Seller Users must respond during a period of six months from the moment of sale, of all those breaches of conformity that may arise during this period, derived from possible hidden defects or other possible breaches of the Civil Code.

Likewise, the COMPANY will allow the Buyer User, within a period of seven (7) calendar days from the receipt of the product, to put it back on sale through the Platform without any commission cost. The COMPANY will not receive any commission in the event that the product is finally sold. However, the COMPANY may charge the Buyer User an amount based on the purchase price of that product, in terms of shipping, packaging and handling costs of products that have been put back on sale through the Platform.

In order to accelerate the procedure, the COMPANY reserves the right to reimburse the Buyer User directly the corresponding amount and claim the amount of the reimbursed amount from the Seller User.

"Make an offer" function

The "Make an offer" function allows Buyers to negotiate, confidentially, the price of the product by transmitting a price offer to the Seller User, who may accept or reject it.

This function is automatically activated at the time a product is published on the Platform, without the Seller User being able to deactivate this function at any time.

The price proposed by a Buyer User in an offer may not be less than 70% of the retail price of the product, nor may it be a price higher than the one offered.

13.

Conditions for sellers of the netawear service

These Terms and Conditions regulate the use and access to the NETAWEAR service
accessible through www.netawear.com (hereinafter, the Platform) owned by
Netawear, S.L. (hereinafter, the COMPANY) for users registered in the Platform
in the contractual relationship of purchase of products to other registered users of
the Platform (hereinafter, Buyer Users and Seller Users).

Through the provision of its online intermediation services, the COMPANY
assumes no responsibility whatsoever for claims, legal actions or
claims for damages that may be brought against it in relation to contracts
celebrated between the Users through the Platform or by virtue of these contracts,
unless the COMPANY has incurred in any breach.

Description of the product sheet

Every product that a Seller User wishes to put on sale must be accompanied by a product sheet. The Seller User must describe in detail the set of the different characteristics of the product and indicate its price in the product sheet. The price of each product that you wish to put on sale in the Platform should be of a minimum € 100 except the COMPANY indicates otherwise in certain cases.

The characteristics of the product indicated in the product sheet, in particular
those related to its state, must coincide with those declared by the Seller User prior to its verification by the COMPANY.

The products offered for sale will be available and may be requested by Buyer Users while the product sheet remains published on the Platform. A Seller User can remove a product from the Platform definitely at any time before it is acquired by just deleting the product sheet.

The COMPANY reserves the possibility of deleting the product sheet of those products
that have not been requested by any Buyer User within a period of four (4)
months from its initial publication, although it will always communicate it to the Seller User beforehand by email. The COMPANY will accept to republish a product sheet only if the Buyer User agrees to lower the price of the Product.

Process of creation of the Product Sheet

In order to put a product on sale, the Seller User must first create the product sheet in his user account within the Platform. The creation of the product sheet consists of a description of this product by the Seller User. The Seller User may use the information and databases of the COMPANY that will help him identify the product accurately (type of product, brand, etc.). If the product does not appear in the reference database of the Platform, the Seller User
is committed to pay the utmost attention to correctly identifying the product and elaborating the product file, including in it all the compulsory data.

In all cases, in order to help the COMPANY in its fight against counterfeiting, the Seller User is committed to accurately identifying the brand and model of the product that he has decided to put on sale. Likewise, the Seller User agrees to provide all the information which he has on the product (eg purchase ticket, serial number, warranty certificate, etc).

The Seller User must indicate the price that he wishes to receive in the event that the product
is sold. The proposed price may be supervised by the COMPANY and it may propose
a modification to the Seller User in case that it considers the price not to be in accordance with market value. The packaging of the product should be included in the price. In case the Seller User wants to delegate to the COMPANY to fix the price of the product, he must mark the price of the product at "0" € so that the COMPANY is in charge of directly fixing the price.

Once the product advertisement has been approved by the COMPANY, the Seller User must
load between a minimum of one and maximum ten photographs of the product in the product sheet. If the Seller User does not upload any photograph, the COMPANY will not be able to create the product sheet. The Seller User agrees to publish only photographs of the product
that are truthful, accurate and not retouched, and guarantees to have all needed rights on them. The COMPANY reserves the right to delete all photographs whose quality it
deems insufficient or that, in his opinion, do not allow the presentation of the product in an appropriate manner.

Once the Seller User confirms the summary of his project of product sheet and accepts these Conditions, the product sheet will be sent to the team of moderators of the COMPANY for its validation. If the product sheet is finally accepted, the COMPANY will send an email to the Seller User regarding the price, indicating the amount of the commission that will be included in the Seller User agrees to put the product on sale through the Platform.

Modifications of the product file

The Seller User may add comments and complementary photos to the product sheet once it has been published on the Platform and always under the supervision of the COMPANY.

The Seller User may reduce, but not increase, the price of a product so many times
as he wishes, bearing in mind that the previous price will continue to appear in
crossed out form. Under no circumstances will modifications be allowed in the sale price in the product sheet when a Buyer User has already processed the order of a product.

Obligations of the Seller User

(i) The Seller User agrees to sell only products that are his property exclusive or guarantees that he acts on behalf of the person who owns the products.

(ii) The Seller User guarantees that it does not violate any law or infringe the rights of
third parties when sending a product sheet to the COMPANY to put a product on sale through
the Platform. The Seller User guarantees (i) that the origin, the state and the characteristics
of the product that is put on sale through the Platform fits the description included
in the product sheet, and (ii) that the product offered for sale does not constitute a counterfeit.

(iii) As soon as the COMPANY requires it, the Seller User must provide all the necessary documents to prove his property rights on the product put on sale and / or the origin of the product. The COMPANY reserves the right to delete the profile file and / or the product sheet of a Seller User in the event that his does not reliably credit the COMPANY with its property rights over a product.
Likewise, the Seller User may not demand compensation in the event that the COMPANY deletes this information for the reasons mentioned above.

(iv) The Seller User is solely responsible for the sale of a product that is banned from its sale or that contravenes the applicable regulations or violates the rights of third parties.

(v) The Seller User must regularly connect to his account to know the list of ongoing transactions and monitor them. In the event that the Seller User can not connect to your account or monitor it for a prolonged period, he should communicate it in his user profile. Otherwise, the COMPANY reserves the right to deactivate the user account of a Selling User in the event of a period of inactivity during fifteen (15) calendar days on a row.

(vi) The Seller User must offer the Buyer User the terms of guarantee applicable in each case according to the characteristics of the product as well as its status of private or professional seller. It also undertakes to offer the minimum withdrawal periods where applicable.

Price and commission on the sale of products

The COMPANY receives as compensation for its services provided on the Platform, a commission which is deducted from the price of the products offered for sale by the Seller User.

The commission that the COMPANY receives is integrated into the sale price of the product on the Platform, and is calculated according to the following scale:

  • Less than € 50 - Products not accepted
  • Between € 51 and € 300 - 33% commission
  • Between € 301 and € 900 - 30% commission
  • Between € 901 and € 1500 - 25% commission
  • More than € 1500 - 23% commission
  • More than € 3000 - 20% commission
  • More than € 5000 - 17% commission

The COMPANY reserves the right to modify the scale of the commissions at any time, although it must inform the Users of such modifications for Sellers to accept again the modified conditions. The scale applied will be the one in effect on the date on which the sale of a product takes place. The COMPANY will not receive a commission until a product is sold.


In the case of a sale through the consignment service, the specific conditions of such service will prevail.

"Make an offer" function

The "Make an offer" function allows Buyers to negotiate, confidentially, the price of the product by transmitting a price offer Seller User, who may accept or reject it.

This function is automatically activated at the moment a product is published in the Platform, without the Seller User being able to deactivate this function at any time.

The price proposed by a Buyer User in an offer can not be less than 70% of the sale price to the public of the product, nor may it be a higher price than the one offered.

Option of direct acquisition by the COMPANY

Sometimes the COMPANY, may make a purchase offer on a product published by a Seller User on the Platform. The offer will be made through the contact email of the Seller User and it will be formalized through a form that the COMPANY will send to the Seller User.

Process of sale and shipment of product

Once the Seller User has received a notification through the Platform for the sale of a product, the Seller User must send the product to the COMPANY so that it carries out a quality control.

The COMPANY will be responsible for sending the products to the Buyer Users in the Spanish territory by sending the Seller User a prepaid delivery note to deliver the product for free to the COMPANY within a period no longer than five (5) business days. If the COMPANY does not receive the product within that period, it reserves the right to cancel the order and inform the Buyer User of the cancellation.

In case the prepaid shipping option is used by the COMPANY, it declines all liability to the Seller User in the event that a product is lost or suffers damage during shipment. The COMPANY will not be responsible for the deterioration or loss of a product until such time as it is not in its possession. If the carrier to which the Seller User has delivered a product to send it to the COMPANY, it is lost or deteriorates, the COMPANY will process with the carrier the incident part and the compensation which corresponds to the Seller User will depend on the one offered by the carrier.

The Seller User undertakes to send the products to the COMPANY washed, clean and in perfect condition of use and according to what is indicated in the sheet, otherwise, the COMPANY shall have the right to charge the Seller User reasonable expenses for required cleaning and ironing. The Seller User agrees to use the best possible packaging (opaque and reinforced envelopes with bubble wrap, reinforced systems for closing packages ...) for the products sent.

Payments from the COMPANY to the Seller User

The Seller User will be entitled to receive the amount derived of the sale of your products, once the following is deducted:

(i) the commission that corresponds to the COMPANY,

(ii) transportation expenses, if applicable, and

(iii) any pending amount to the COMPANY (eg cleaning expenses if necessary)

In the event that after sending the product to the Buyer User, it is detected that it constitutes a counterfeit, the Seller User shall reimburse, as soon as the COMPANY requires it, all the sums received by the transaction as well as the expenses faced by the COMPANY and / or the Buyer User with respect to that transaction (Ex. Cleaning expenses paid by the COMPANY or return costs paid by the Buyer User). In case of breach of this clause, the COMPANY
shall have the right to retain the products of the Seller User who are in his possession as well as block any ongoing transaction of the Platform corresponding to the User's account
Seller. This will not waive any further legal action that the COMPANY decides to undertake.

Quality control of the COMPANY

The COMPANY will perform a quality control on the products once they are received and prior to sending them to the Buyer User. If at the time of quality control, the COMPANY realizes that the product does not correspond to the published product sheet in the Platform (Ex. does not correspond to the status of the product), the COMPANY may:

a) negotiate a price reduction with the Buyer User, or

b) cancel the order and refund the amount to the Buyer User.

In the event that the order is canceled and the Seller User wishes to have the product returned, the COMPANY will invoice a fixed sum of fifteen (15) €, including taxes, in concept of
Non-conforming article, or thirty (30) €, taxes included, in case of forgery. In case
the Seller User does not manifest his intention to recover the product within a period of three
(3) months from the receipt of the product, the COMPANY may proceed to its destruction.

Return of products

The Seller User recognizes that depending on his status as "professional" or
"unprofessional" depicted in the Platform, he must comply with a series of obligations
with respect to the return of products included in the applicable regulations as well as
in these Conditions in conjunction with the applicable Platform conditions
to the Buyer Users. Specifically, the Seller User agrees to the following return procedure according to their status in each case:

I. Return of products for Users Professional sellers:

In the case of products sold by Professional Seller Users (including, therefore, the COMPANY when selling directly its own products through the Platform), the Buyer User will have fourteen (14) calendar days from the date of receipt of the product to return it.
Unless the return is made for defects in the product, the expenses related to the refund must be assumed by the Buyer User and the product must be returned in perfect condition without limiting the use of the product (as long as it does not go beyond the mere verification of its good state and functioning).

The product will be returned to the COMPANY by the Buyer User and once it checks that is in perfect condition, will proceed to the return of the amount of the product as well as the shipping costs paid by the Buyer User and subsequently claim the Seller User the amount to be reimbursed.

Likewise, the Professional Seller Users must comply with the guarantee terms applicable in each case for faults that manifest during the minimum term of two years for new products and a minimum period of one year for second-hand products.

II. Return of products for Non-professional Seller Users:

In the case of products sold by a non-professional Seller User, the Buyer User will not have the right of withdrawal once the product has been purchased. However, Unprofessional Seller Users must respond for a period of six months from the moment of the sale, for all those non-conformities that appear during this period, due to possible hidden defects or other possible breaches of the Civil Law.

Likewise, the COMPANY reserves the right to fully refund the amount of the purchase
to the Buyer User in cases where it considers that it is appropriate,  and claiming from the Seller User the reimbursed amount.

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Credits

Concept and production:

This online store was created using Software Prestashop Shopping Cart. Do not forget to take a look at PrestaShop's e-commerce blog to stay up to date and read all the tips on online sales and how to manage your e-commerce website.