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TERMS AND CONDITIONS

Before buying or selling items through Todocolección, it is important that you carefully read, understand and accept the terms and conditions of the Service.

You must bear in mind that Todocolección does not participate in any way in the completion of any buying or selling operations, nor in any following transactions.

You must pay special attention to the stipulations which explain the limitation of Todocoleccion´s responsibility according to the stated terms and conditions of use.

You must also be aware that participation in buying and selling through Internet carries certain risks. For example, the seller could use any personal data supplied by the buyer in an inappropriate way.

By clicking on "I ACCEPT THE TERMS AND CONDITIONS OF USE", you accept to be bound by the explained terms and conditions of use.

DESCRIPTION OF THE BUYING AND SELLING SERVICE

The buying and selling service provided through this website is controlled by ZOCONET SA (from now on Todocolección), owner of the website http://www.todocoleccion.net/, of Spanish nationality, registered at Calle Granados, number 6, Bajo B, 29008 Málaga, Spain, with fiscal number B29853264.

Todocolección acts as a meeting point on the Internet, allowing any registered user to buy or sell almost anything, at any time from any place.

The buying and selling service is offered in two ways: Direct Sale and Auction.

The service possesses limitations which you must know and accept.

Todocolección does not select, check or control items put on sale on their website, or the people who take part in transactions.

Todocolección does not intervene in any way in the completion of buying or selling operations in which users participate and, in particular, it is not involved in any refunds or guarantees that may be offered. As such, when a sale takes place, you and the other participant are the only people responsible for the sale.

Todocolección does not have the authority to act on behalf of either the buyer or the seller. Given that the transaction only takes place between users, Todocolección is not involved in any disputes that may emerge between a buyer and a seller, nor in its resolution.

SERVICE USERS

Given that the service users have the intention of negotiating buying and selling agreements, only those people older than 18 years of age may participate. By clicking on "I ACCEPT THE TERMS AND CONDITIONS" you guarantee that you are 18 or over, and you are able to buy and sell.

In order to become a service user, you have to register and provide any requested personal details, such as your name and e-mail address. You are obliged to make sure these details are correct as well as to keep them up-to-date if they change.

In order to improve the system we request you to inform us of any abnormal behaviour on the part of any user.

RULES RELATED TO BUYING AND SELLING

The working of the service is based on users complying with the terms and conditions they accept.

If you offer an item for sale and a buyer requests the purchase of this item, or if you make an offer for an item on sale, you are obliged to carry out and complete the transaction. You cannot change your mind except in exceptional circumstances.

By putting an item on sale you are ensuring that you have the right to buy or sell the said item.

SPECIFIC RULES FOR SELLERS

As a seller you are obliged to place your items on sale in the appropriate category and to correctly and exactly describe all the goods you offer, in a way so as not to deceive as regards the characteristics, source of origin and quality of the said items. In your descriptions you must not include either links or any type of advertisment related to other goods not being sold through Todocolección.

As a seller you explicitly accept not to include advertising, personal details, key words or brands which allow buyers to locate your goods on sale through alternative methods to those which Todocolección places at your availability.

You can only sell goods, not services.

Under no circumstances may you sell the following items (not an exhaustive list): If the item you put on sale receives a buying order through the system, you are obliged to fulfill the sale of the item with the buyer.

Todocolección will charge the seller, as payment for use of the service, a fee which will be clearly specified in "Service Fees". As a seller you accept to use a credit card as a means of clearing your debt with Todocolección. Todocolección will supply alternative methods of payment in the event of the seller not possessing a credit card.

You accept to provide Todocolección, when requested, all necessary data to fulfill payment of the corresponding fees for use of the service. Todocolección reserves the right to temporarily suspend from sale a seller´s items when an overdue debt exists.

When a sale is not completed due to a justified reason, as a seller you need to notify Todocolección, in the time period and manner established on the website, of the cancellation of the order; Todocolección, after verifying the failure of the sale with the buyer, will proceed to cancel the sale, and whenever necessary, to refund the seller of any fees charged for the failed operation.

As a seller, you accept this refund to be discounted from the following bill.

You are obliged to ensure the correct fulfillment of other sales (for example, by not contacting other users of the system and offering similar items at a lower price).

You understand and expressly accept that when a sale is agreed, your personal details will be provided to the buyer of the item so the sale can be completed. Todocolección is not responsible for the use by the buyer of any data you provide us with.

As a seller you expressly accept users to leave in the Feedback section, any comments, both positive and negative, related to the transaction carried out with you, and for you to be rated according to these comments, and for Todocolección not to take any responsibility whatsoever.

SPECIFIC RULES FOR BUYERS

You must make sure that the purchase of any items you buy is not illegal under the legislation of your place of residence or any other applicable legislation and you accept sole responsibility if you make such illegal purchase, without Todocolección taking any responsibility.

You understand and expressly accept, that when a sale is agreed, your data will be sent to the seller of the items so the operation can be completed. Todocolección is not responsible for the use a seller may make of any information you provide us with.

As a buyer you expressly accept that sellers involved in your purchases leave in the "Feedback Section" any comments, both positive and negative, related to the transaction carried out with you, and for you to be rated according to these comments, without Todocolección assuming any responsibility.

OTHER IMPORTANT RULES

IDENTIFICATION AND PASSWORDS

You are responsible for all operations carried out under your password, which must not be passed on to other people and must be kept confidential. You must not use your password for any action you are not authorized for.

RATING AND FEEDBACK

It is strictly forbidden to manipulate information included in the Rating Section. Manipulation involves, among other things, the following actions: introducing positive feedback comments about yourself or asking others to do so; introducing negative feedback comments about others by using the username and password of a third party; or introducing negative feedback comments about a user because this person has done something or stopped doing something not related to a sale.

Todocolección reserves the right to modify feedback and rating rules. In this case, users of the system will be informed.

Given that the feedback and the ratings are carried out only by users of the system, Todocolección does not assume any responsibility. You expressly accept to be open to feedback and any consequent rating, whether it be positive or negative, that you receive from another user.

GENERAL EXCLUSION OF RESPONSIBILITY

Todocolección is not involved in the fulfillment of a buying or selling operation between the buyer and the seller of items which appear on this website. The function of Todocolección is limited to providing the Internet support and the contact and communication between potential buyers and sellers of a certain item through the use of the service.

Todocolección neither controls nor supervises nor assumes any responsibility for the quality, security, characteristics and other elements of the items put on sale, nor the legality of items advertised or offered, nor the truth or accuracy of descriptions of items on sale as provided by the seller, nor the fulfillment of legal requirements to buying and selling items, nor the capacity and legitimacy of the seller to advertise and sell the goods offered, nor the capacity and legitimacy of the buyer to buy goods requested, nor does Todocolección look after items on sale.

Please, remember that contacting and dealing with unknown people always carries a certain risk, of which Todocolección has no control, nor does Todocolección assume any responsibility. In any case, Todocolección offers a feedback and rating system available to users which will help you rate all users you deal with, but you must bear in mind that this system is not infallible and that Todocolección does not back nor does it guarantee the accuracy of the ratings, nor the fulfillment by users of applicable laws, nor its corresponding compromises. As such, you must use the service freely and cautiously, and in all cases, under your sole responsibility and risk.

Todocolección does not control, supervise or assume any responsibility for a buyer´s capability to pay.

Likewise, Todocolección does not intervene in setting the price of the items on sale, which will be set by the seller in the case of a direct sale or by demand in the case of an auction item, nor does Todocolección intervene in payment, shipping or sales conditions, all of which will be set by the seller, nor in the accomplishment by both parts of the stated terms and conditions.

In consequence, given that Todocolección does not intervene in any transactions between you and other users, you expressly waive your right to ask Todocolección, any of its agents, employees and dependants for compensation of any type or nature, known or unknown, foreseeable or unforseeable, hidden or not, that can derive, or are in any way related to a complete or incomplete transaction, or to items offered or sold.

RULES REGARDING PRIVACY OF INFORMATION

You are obliged not to use the service either for illegal means or to deal with material that is illicit, offensive, diffamatory, invasive to a third party´s privacy, gross, threatening, pernicious, vulgar, obscene, harmful or unacceptable for other reason, or that infringes or could infringe patent rights, copyright or third party rights.

In any case, you understand that Todocolección cannot control nor does control information that other users send through the service. Also, although prohibited, some users can introduce, provide or transmit offensive, false, harmful or diffamatory information. On the other hand, you must be careful with the communication of information to other users of the service.

The user expressly agrees that Todocolección or the person designated by Todocolección can handle any registration data for legitimate reasons as given in the terms and conditions of the service and subject to Todocolección´s privacy rules as well as legal restrictions which protect information given by you (i.e. e-mail addresses, name, username)

In conformity with the above, Todocolección will not supply the said data to any service user, except in the case that you are the seller or buyer of a sale item, so that both parties can complete the transaction, nor to any third party, with the exception of it being necessary for a) compliance with a law; b) compliance with legal proceedings, including court orders or other competent administrative bodies; c) to respond to complaints regarding content that vulnerates third party rights; or d) to protect Todocolección´s or a third party´s legal interests, which is expressly accepted by you. Todocolección´s rules regarding privacy can be changed at a later date. We recommend that you frequently review the information page related to this matter to keep yourself up-to-date with any changes.

OWNERSHIP OF INFORMATION

When you are a user of the system, you supply us with certain information about yourself and/or about items put on sale. You give non-exclusive right to Todocolección to use the said information and other information derived from it in any means, currently known or unknown. This right includes, amongst other, the right to show or edit information supplied by you in any of Todocolección´s services; the right to search for this information and, in conformity with Todocolección´s privacy rules, to group and send it to any third party for any reason. Regarding the actual paragraph, information is understood to be, in a non-exhaustive way, data, texts, photographs, drawings, ratings or any other information or data exhibited in connection with your item on sale through Todocolección.

TODOCOLECCION´S RIGHT OF TERMINATION

Todocolección reserves the right of admission to the service, and you accept that Todocolección, at its own discretion, can stop any service in which you take part or can stop your use of the service, with immediate effect and without previous notice. In particular, without it supposing any limitation to your right of admission, it could happen if a) Todocolección believes that you have acted against the spirit of its terms and conditions; b) or Todocolección believes that you have infringed or tried to infringe other users´ rights.

You expressly accept that your user account will be cancelled if you do not use this service on at least one occasion in a reasonable length of time (which will be determined by Todocolección) which will not be less than six months. You accept that Todocolección does not assume any responsibility, either of a contracted, extra-contracted or any other type, to you or third parties due to this concept.

EXCLUSION OF GUARANTEE

THE USER EXPRESSLY ACCEPTS THAT THE USE OF THE SERVICE IS AT THEIR SOLE RISK AND RESPONSIBILITY. THE SERVICE WILL BE PROVIDED HOWEVER AND WHENEVER AVAILABLE.

TODOCOLECCIÓN EXPRESSLY EXCLUDES GIVING ANY GUARANTEES RELATED TO THE SERVICE, INFORMATION AND OTHER TRANSMITTED CONTENT OR TO PRODUCTS OFFERED, BE THEY WHAT MAY, SPECIFIC OR UNSPOKEN, INCLUDING UNSPOKEN GUARANTEES RELATED TO THE COMMERCIABILITY AND/OR SUITABILITY FOR A SPECIFIC PURPOSE AND ITS FULFILLMENT.

TODOCOLECCIÓN DOES NOT GUARANTEE IN ANY WAY THAT THE SERVICE WILL SUIT A USER´S NEEDS OR THAT THE SERVICE WILL BE UNINTERRUPTED, PUNCTUAL, SAFE OR ERROR-FREE. TODOCOLECCIÓN NEITHER GUARANTEES THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, NOR THE PRECISION, NOR THE RELIABILITY OF INFORMATION OBTAINED THROUGH THE SERVICE, NOR THAT ANY POSSIBLE FAULTS IN THE SOFTWARE WILL BE CORRECTED.

THE USER KNOWS AND ACCEPTS THAT ANY MATERIAL, DATA OR GOODS OBTAINED THROUGH THE USE OF THE SERVICE HAVE BEEN FREELY RECEIVED, UNDER THE SOLE RESPONSIBILITY AND EXCLUSIVE RISK OF THE USER, AND THAT THE USER WILL SOLELY BE RESPONSIBLE FOR ANY DAMAGE DERIVED FROM ANY TRANSACTION.

TODOCOLECCIÓN DOES NOT OFFER ANY GUARANTEE TO ANY GOODS BOUGHT OR OBTAINED THROUGH THE SERVICE, NEITHER FOR ANY OPERATIONS AGREED THROUGH THE SYSTEM, NEITHER THE USER´S FULFILLMENT OF THEIR LEGAL OR CONTRACTUAL OBLIGATIONS.

NO ADVICE OR INFORMATION, VERBAL OR WRITTEN, OBTAINED BY THE USER THROUGH THE SERVICE WILL CONSTITUTE A GUARANTEE, NEITHER SHOULD IT BE UNDERSTOOD AS ONE, EXCEPT WHEN IT IS EXPRESSLY FORESEEN HERE.

THE ABOVE EXCLUSION OF GUARANTEE WILL ONLY BE APPLIED IN A MANNER PERMITTED BY LAW.

LIMITATION OF RESPONSIBILITY

THE USER ACCEPTS AND AGREES THAT TODOCOLECCIÓN DOES NOT ASSUME ANY CONTRACTUAL OR EXTRACONTRACTUAL RESPONSIBILITY EITHER TOWARDS THE USER, OR THIRD PARTIES (INCLUDING NEGLIGENCE), NOR ANY OTHER RESPONSIBILITY DERIVED FROM DAMAGES, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR EMERGING, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, FOR USE OF DATA OR OTHER ELEMENTS OR INTAGIBLE RIGHTS, EVEN IN THE CASE OF TODOCOLECCIÓN HAVING BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, DERIVED FROM 1) THE USE OF THE SERVICE BY USERS, OR THIRD PARTIES, OR THE IMPOSSIBILITY OF USING THE SERVICE, OR THE INTERRUPTION, SUSPENSION OR CANCELLATION OF THE SERVICE, BE THEY JUSTIFIED OR NOT, INTENTIONAL OR NEGLIGENT, ANNOUNCED OR NOT OR 2) ANY COSTS INCURRED IN OBTAINING GOODS OR ALTERNATIVE SERVICES, OR 3) ANY GOODS BOUGHT OR OBTAINED, OR INFORMATION OR MESSAGES RECEIVED OR OPERATIONS AGREED IN, THROUGH OR FROM THE SERVICE OR 4) NON-AUTHORIZED ACCESS OR MODIFICATIONS OF TRANSMISSIONS CARRIED OUT BY THE USER OR OF DATA OF SAID USER OR 5) ANY OTHER CIRCUMSTANCES CONNECTED WITH THE USE OF THE SYSTEM.

THE USER ACCEPTS AND AGREES THAT TODOCOLECCIÓN DOES NOT ASSUME ANY RESPONSIBILITY TOWARDS THE USER OR THIRD PARTIES REGARDING DECLARATIONS OR BEHAVIOUR OF THIRD PARTIES.

THE ABOVE EXCLUSIONS AND LIMITATIONS WILL ONLY BE APPLIED IN A MANNER PERMITTED BY LAW.

COMPLIANCE WITH THE LAW

When using the service you are obliged to follow all applicable laws and regulations, whether they be local, regional, national or international laws.

You are obliged to a) not use the service for illegal means; b) not stop nor interrupt neither the service nor servers or networks connected to the service; c) comply with all terms and conditions, procedures, rules of networks connected to the service; and d) comply with all laws concerning advertising, consumer and user protection, sale of goods laws, and all other applicable laws.

LICENCE

By ticking the option "I accept the terms and conditions of the service", you grant us a free and irrevocable non-exclusive worldwide licence to use all patent, copyright and advertising rights of material displayed on our website, as well as on any future media form, currently known or unknown, as well as the right to grant sublicences of varying levels.

TRANSFER OF RIGHTS AND UNAUTHORIZED COMMERCIAL USE

You are obliged not to resell or transfer your rights and obligations derived from the current terms and conditions of use of the service. In the same manner, you are obliged not to carry out any unauthorized commercial use of the service.

THIRD PARTY INFORMATION

You are obliged not to use a third party´s information, except when necessary, to complete any operations derived from the service.

USER´S RESPONSIBILITY

The user is obliged to compensate Todocolección for any losses, costs, damages, claims or summons, including reasonable legal fees, filed by third parties or incurred by Todocolección as a result or as a consequence of the use of the service, or of the transmission of password or username, breeching the current terms adn conditions, or applicable local, national or international laws, or as a consequence of the infringement of third party´s rights by a user.

NOTIFICATIONS

Any notification to the user or to Todocolección must be sent by e-mail or normal mail. In the same way, Todocolección will notify users of any changes made in the terms and conditions of use of the service or of any other actions by sending a message through the service.

GENERAL

The current terms and conditions and the relationship between yourself and Todocolección are controlled by Spanish legislation, with independence of all other applicable laws. The user and Todocolección expressly, and in an irrevocable manner, yield to the exclusive jurisdiction of the Law Courts of Málaga.

The fact that Todocolección does not exercise or demand any rights or stipulations to the current terms and conditions does not constitute a relinquishing of such right or stipulations, nor should it be understood as such.

If a competent Court of Law rules null and void any stipulations of the current terms and conditions, the parties agree that the Court should try to respect and make the intentions reflected in the stipulation in question effective, and the remaining stipulations will maintain their validity.

The user agrees that independently of any stated by law, any claim or action derived from the use of the service, will proscribe in (1) one year from the time of being lodged.

The headings of the current terms and conditions are included with the sole purpose of making its reading easier for users, and they do not constitute any legal or contractual validity or effect.

 

© Copyright 2007, 2008 Zoconet, S.L.