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Espanedia.eu Spain's Premier Online Shopping and Auction Site Terms and Agreements
Overview

The following User Agreement shall apply to all users registering before - on or after 27th May 2009 from the date of registration.

The following describes the terms on which Espanedia.eu and Espanedia offers you access to our services.

Introduction

Welcome to Espanedia. These terms and conditions apply to the services available from the domain and sub-domains of Espanedia.eu (which include, but are not limited to, Espanediamotors), and from all other Espanedia-branded websites provided for U.K. users. If you reside in the U.K. or another country that is a member of the E.U. or United States or Internationally, by using the services on the Espanedia websites (Espanedia.eu, Espanedia.co.uk and other related websites where this agreement appears) you are agreeing to the following terms, including those available by hyperlink, with Espanedia, Dudley, West Midlands, England, and the general principles for the websites of our subsidiaries and international affiliates.

Before you may become a member of Espanedia, you must read and accept all of the terms and conditions in, and linked to, this User Agreement. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some Espanedia-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and sub domains is always the agreement that appears in the footer of each website. The User Agreement constitutes a legally binding agreement between you and Espanedia. Some Espanedia sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.

If an item you sold on Espanedia is subject to buyer claim under Espanedia Buyer Protection policy, and we make a related payment to the buyer, upon our request, you will compensate us in full, and in a timely manner, for an amount equivalent to the sum paid by us.

This Agreement is effective on 10th June 2010, for current users, and upon acceptance for new users.

Using Espanedia

You may not use our sites and services if you are under the age of 18 or you are not able to form legally binding contracts, or if your Espanedia membership has been suspended.

While using Espanedia, you will not:

  • post, list or upload content or items in an inappropriate category or areas on our sites;
  • breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
  • breach our policies including, without limitation, the Prohibited and Restricted Items policies and the other policies linked to from the "Additional terms" section below;
  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
  • Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity. All sellers are advised to retain proof of delivery;
  • manipulate the price of any item or interfere with other user's listings;
  • bid up, bidding on your own items under an alias or getting colleagues, friends, family members or anyone else to bid up an item on your behalf;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to Espanedia;
  • post false, inaccurate, misleading, defamatory, or libellous content (including personal information);
  • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information to non-Espanedia sites or for using it for purposes unrelated to Espanedia);
  • transfer your Espanedia account (including feedback) and user ID to another party or account without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Espanedia, or the interests or property of Espanedia users;
  • copy, modify, or distribute rights or content from our sites, services or tools or Espanedia's copyrights and trademarks; or
  • Harvest or otherwise collect information about users, including email addresses, without their consent.

If you are registering with Espanedia as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Espanedia, you must comply with all applicable laws relating to online trading (please see Business Selling Explained for more information).

We will commence supplying our services to you as soon as you accept this Agreement. Unless you and Espanedia agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.

Abusing Espanedia

Espanedia and the Espanedia community work together to keep our sites and services working properly and the community safe. Please report problems, offensive content and policy breaches to us.

Espanedia's Verified Rights Owner (VeRO) programme works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been infringed, please notify our VeRO team through our Verified Rights Owner (VeRO) programme and we will investigate.

Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our service and user accounts, restrict or prohibit access to, and your activities on, the sites (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, remove any special status associated with the account (including, without limitation, Higher Seller status), reduce or eliminate any discounts, and take technical and legal steps to keep you off our sites if:

  • we think that you are creating problems (including, without limitation, by harassing Espanedia staff or other users or by making unreasonable legal threats against Espanedia), or exposing us or another Espanedia user to financial loss or legal liabilities;
  • we think that you are acting inconsistently with the letter or spirit of this Agreement or our policies;
  • despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us;
  • you fail to comply with the Espanedia Buyer Protection policy;
  • You earn a net feedback rating of -4.

We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue Espanedia sites.

You agree not to hold Espanedia responsible for any loss you may incur as a result of Espanedia taking any of the actions described above.

Espanedia Buyer Protection

Buyers and sellers share the responsibility of making sure purchases facilitated by Espanedia are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. When a buyer doesn't receive an item or the item doesn't match what was described, and the seller doesn't provide adequate resolution to the buyer, Espanedia will reimburse the buyer subject to the conditions, exclusions and coverage limitations of the Espanedia Buyer Protection policy.  Espanedia will reimburse the buyer up to the full purchase price plus postage and packing paid by the buyer to the seller, as described in the Espanedia Buyer Protection policy.          

Please note that the resolution of the dispute through the Espanedia Buyer Protection policy does not change users’ obligations to maintain appropriate records for tax purposes demonstrating that a transaction has been cancelled.     

For covered claims that meet the conditions and are not excluded, Espanedia will reimburse eligible buyers through PayPal, Moneybookers or by agreement Direct Transfer if you have a registered verified account.

The Espanedia Buyer Protection policy is part of this Agreement and incorporated by reference.

Buyer Obligations:

  • Buyers agree to file claims in accordance with the conditions, eligibility requirements and coverage limitations, as further explained in the Espanedia Buyer Protection policy.
  • Espanedia reserves the right to temporarily, indefinitely or permanently suspend the Espanedia Buyer Protection programme immediately if we suspect abuse, excessive claims, tampering, or interference with the proper working of the programme.
  • Espanedia Buyer Protection doesn’t cover certain types and categories of goods or services, false, abusive or illegitimate claims, or transactions where you have been or may be compensated by another third party. Please read the Espanedia Purchase Protection policy for more details.

Seller Obligations:

  • Sellers agree to follow the programme requirements as explained in the Espanedia Purchase Protection policy.
  • All sellers with an open claim must work in good faith to resolve the claim, refund money and/or provide a replacement item, and accept a return of the item as explained by the Espanedia Buyer Protection Policy.
  • If a seller doesn't resolve a claim, the seller agrees to pay Espanedia the amount paid by Espanedia to the buyer in accordance with the Espanedia Buyer Protection policy. Upon our request, you will pay Espanedia in full, and in a timely manner, in accordance with our request.

Obligations with respect to allegedly counterfeit items:

  • Sellers shall work with the buyer in good faith during the resolution process to provide buyer with appropriate documentation to satisfy the buyer that the item is not counterfeit, if such information is available.
  • If buyer and seller cannot agree that the item is not counterfeit, for covered claims that meet the conditions and are not excluded, buyers may be required to send the item back to the seller (where Espanedia elects to exercise its discretion). Cost of return shipping will be paid by the buyer or Espanedia in our sole discretion, unless otherwise agreed upon by the buyer and seller.
  • If there is sufficient evidence that the item is counterfeit it will count as a violation by the seller of our prohibited and infringing items policy.
  • Sellers shall not list, advertise, or cause that item to appear for sale, barter or trade, on any Espanedia Inc. (including our subsidiaries, joint ventures, and other members of the group) website or service located around the world.
  • While buyers are not obliged to provide third party confirmation that an item is counterfeit in order to open a claim, in cases where there is written confirmation from the manufacturer that the item is counterfeit, or in additional circumstances where Espanedia elects to exercise its discretion, Espanedia may request the destruction or preservation of the item by an authorised third party and at Espanedia’s expense.

No spam

We do not tolerate spam (unsolicited commercial communications). Please set your Espanedia notification preferences so we communicate to you as you prefer. You may not add other Espanedia users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent.

You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages. If you send an email to an email address that is not a registered Espanedia email address belonging to an Espanedia member, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.

To report spam from other Espanedia users, please contact Espanedia Customer Support.

Using information about other Espanedia users

Our sites and services enable users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, user ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.

You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:

  • Espanedia-transaction-related purposes that are not unsolicited commercial communications
  • using services offered through Espanedia; and
  • Other purposes a user expressly agrees to.

Fees

Joining Espanedia and bidding on listed items is free. We do charge fees for using other services, such as insertion fees (property and vehicles) and final valuation fees. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees policy, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice of them by email, by posting the changes on the Espanedia site or via “My Messages”. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in Euros (errors and omissions accepted). You are responsible for paying all fees and applicable taxes associated with using our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel and for accounts over 120 days overdue, deducting the amount owed from your PayPal account balance.) You agree that we may issue you with invoices in electronic format by email.

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date. If you choose to include catalogue content in your listings, you are responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You may use the catalogues only for informational purposes and only in connection with your Espanedia listings. You may not use catalogue content in a way that infringes or breaches anyone’s proprietary rights.

Liability

Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

You will not hold Espanedia responsible for any loss you may incur as a result of Espanedia taking any of the actions described in the Abusing Espanedia section above nor for other users' actions or inactions, including, without limitation, things they post, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, shops, fixed price formats and auction-style formats. At no point do we have possession of anything listed or sold through Espanedia.

We do not review users’ listings or content and are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programmes, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our sites, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.  For certain categories, particularly motors and real estate, or bid or offer is a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item.

Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on one of our sites.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Espanedia cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.

We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) €100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and interference

Our sites contain robot exclusion headers. Much of the information on our sites is updated on a real-time basis and is proprietary or is licensed to Espanedia by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our sites for any purpose without our express hand-written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from our sites without the prior expressed written permission of Espanedia and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of our sites or any activities conducted on or with our sites; or
  • Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Espanedia Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Espanedia Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Compensation

You agree that you will only use our sites and services in accordance with this Agreement.

You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees; we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.

No agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served by registered mail to Espanedia Langstone Road, Dudley, West Midlands, DY1 2NQ, England. We shall send notices to you by email to the email address you provide to Espanedia during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Resolution of disputes

If a dispute arises between you and Espanedia, we strongly encourage you to first contact us directly to seek a resolution by going to the Espanedia Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. This Agreement shall be governed and construed in all respects by the laws of England and Wales. You and Espanedia both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Espanedia both agree to submit to the jurisdiction of the County Court of Wolverhampton.

Additional terms

The following policies (together with all further policies that can be accessed via click-through links contained in such policies) are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites. We expect you to read all of the linked documents carefully:

  • Prohibited and Restricted Items
  • Identity
  • Rules for Buyers
  • Rules for Sellers
  • Rules for Everyone
  • Espanedia Buyer Protection policy
  • Non-Binding Bid policy
  • Bid Retraction policy
  • Unpaid Item policy
  • Reviews and Guides
  • Groups Usage policy
  • Fees for Espanedia.co.uk and Espanedia Shops
  • Feedback policies
  • About Transactions Outside Espanedia
  • Item Location Misrepresentation policy
  • Outage policy
  • Board Usage policy
  • Accepted Payments

Each of these policies may be changed from time to time. Changes take effect when we post them on the Espanedia site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through our sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

In our sole discretion, we may assign this Agreement in accordance with the Notices Section (but without your prior express consent), provided that we assign the Agreement on the same terms or terms that are no less advantageous to you.

Section headings are for reference purposes only and do not limit the scope or extent of such section.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by email, via “My Messages” or by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in writing hand signed by you and us. For the purposes of this provision, “in writing” does not include an email message and “hand signed” does not include an electronic signature.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Compensation and Resolution of Disputes.

If you have any questions about this User Agreement, please refer to the Frequently Asked Questions about the User Agreement. If that document does not answer your questions, please contact Espanedia Customer Support

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