Terms and Conditions of Service

Before buying or selling lots on todocoleccion, please carefully read, understand and accept the Terms and Conditions of Service.

todocoleccion manages the website https://en.todocoleccion.net/ (hereinafter, the Website), which offers users the possibility to sell various products and to buy products from other users. In fact, todocoleccion is a mere intermediary as all the products included on the Website belong to and have been posted by users of it.

As a user of the Website, please bear in mind that todocoleccion is an intermediary service provider which hosts offers related to sellers' items so that interested users may buy them. todocoleccion only provides the intermediary service of the Website as a mere platform for the exchange of information between sellers and buyers, so it is solely liable for said service.

Information related to items, their prices, the method of selling and any other element related to the items included on the Website depend solely on the seller, as todocoleccion does not intervene in any way in the inclusion of information related to the items, the completion of sales or any related transactions, so todocoleccion is immune to any disagreement between the seller and the buyer in relation to said items or to the transaction carried out, except on the grounds detailed throughout this document.

For information purposes only, we would like to point out that buyers who act as consumers shall not have their rights restricted by the provisions of this document. Furthermore, buyers using the Website shall differentiate between (a) the intermediary service provided by todocoleccion, and for which todocoleccion is liable; and (b) purchases made from sellers, for which todocoleccion is not liable, so they shall exercise their consumer rights before the user who offered the item. todocoleccion provides a neutral service through a technical and automated processing of the data provided by its users, so any claim related to the items offered shall be addressed by the buyer to the seller.

In relation to the above, please pay special attention to the provisions which limit the liability of todocoleccion under these terms and conditions of Service.

Please also remember that selling over the Internet bears certain risks. For example, the seller may make inappropriate use of personal data provided by the buyer.

By ticking the option "I ACCEPT THE TERMS AND CONDITIONS OF SERVICE", you agree to be bound by these terms and conditions and rules.

Description of the Services

The sale and purchase Services provided through this website are managed by ZOCONET, S.L. (hereinafter, todocoleccion) owner of the domain https://en.todocoleccion.net/ and a Spanish company with registered address at Avda. Juan López Peñalver 17, 29590 Campanillas, Málaga (Spain) and tax code B-29853264, registered in the Companies Registry of Málaga, in Volume 2029, Book 942, Folio 117, Section 8, Page MA-29455, Inscription 1. You may contact us by phone on +34 626 471 300 or via the electronic contact form available here.

todocoleccion acts as a meeting point on the Internet, allowing any registered user to sell and buy from virtually anywhere and at any time.

The sale and purchase Services are provided in two modes: Direct Sales and Auctions.

The Services have some restrictions which you must acknowledge and accept.

todocoleccion does not select, review or control the lots offered for sale on its Website, nor the people who engage in the transactions.

todocoleccion does not intervene in any way in the completion of the sales transactions in which system users engage, nor is it involved in any refunds or guarantees which may have been offered. Therefore, when a sale takes place, you and the other party are solely responsible for it being completed.

todocoleccion has no powers to act on behalf of the seller or the buyer. Given that the transaction only takes place between users, todocoleccion is not involved in any disputes which may arise between a buyer and a seller, nor in their resolution.

Users of the Services

As users of the Services use them for the purpose of negotiating sale and purchase agreements, only persons of legal age may participate. By ticking the "I ACCEPT THE TERMS AND CONDITIONS OF SERVICE" option, you are declaring that you are 18 years of age or older and that you are able to buy and sell.

To be a user of the Services, you must sign up and provide the requested personal details, including your name and email address, guaranteeing that they are true, accurate and up to date.

With a view to enhancing the Services, please let us know about any abnormal behaviour by users of the Services.

Rules relating to sales and purchases

The operation of the Services is based on the fulfilment by users of the commitments which they assume.

If you offer a lot for sale and a buyer asks to buy it, or if you place an order on a lot for sale, you undertake to process and complete the sale of the lot. You may not withdraw your bid unless there are special circumstances.

When you sell a lot or buy an item, you guarantee and certify that you are entitled to buy or sell said item.

Specific rules for the seller

"Selling on todocoleccion is a serious issue", which is why todocoleccion will charge new registered sellers EUR 10 + VAT for handling fees, which shall be paid by credit card, PayPal or direct debit. This amount shall not be refundable.

A user signing up as a seller may also opt for the invitation option, which entails receiving an invitation code from a reputable seller on todocoleccion, in which case the payment of the registration fee is not required.

Sellers may only have one account per ID number or tax code.

As a seller, you undertake to sell your lots in the appropriate category and accurately describe the items you are offering, ensuring that they are not misleading in terms of their features, source and characteristics.

Your descriptions may not include any links or references to other items, or any mention of items that you are not selling on todocoleccion.

As a seller, you explicitly agree not to include advertising, details, codes or brands which allow buyers to locate your lots for sale by alternative methods to those provided by todocoleccion to buyers.

Only items may be sold, not services.

Under no circumstances may you sell any of the following items:

  • Any item whose sale or advertising is illegal or is prohibited by any current legislation, law, standards, order or regulations.
  • Any item which you are not entitled to sell.
  • Any item which infringes or violates the rights of any individual.
  • Any other item which, at the discretion of todocoleccion, is contrary to the policy of the Services provided.

If the lot which you put up for sale receives a purchase order through the Services, you are obliged to complete the sale of the lot with the buyer.

todocoleccion shall charge the seller, as payment for the use of the Services, a fee which is clearly specified in the service fees. As a seller, you explicitly accept the payment of this fee for the provision of the Services. Two monthly payments shall be issued on the 1st and the 15th, which shall include the different services used.

As a seller, you undertake to use as a credit card as the payment method to settle your debts with todocoleccion. todocoleccion shall provide alternative payment methods if the seller does not have a credit card.

You explicitly agree to provide todocoleccion, when required, with the necessary details to pay the corresponding fees for the provision of the Services. todocoleccion reserves the right to temporarily suspend the sale of all of a seller's lots whenever there are outstanding debts. Furthermore, the seller is liable for the late payment and handling fees derived from non-payments, which amount to EUR 7.25 + VAT per unpaid bill.

It is the responsibility of the seller to have all published lots available for sale, in order to prevent the users' expectations from being negatively affected. The seller shall assume responsibility for any lost, damaged or previously sold lots, and in this case withdraw them from sale before they can be purchased.

If an order is not completed on justified grounds, the seller agrees to notify todocoleccion, within 45 days of the sale, about the cancellation of the order. todocoleccion, after verifying the non-completion of the sale with the buyer, and once the lot is put back on sale, shall then cancel the order and, if applicable, refund the seller for the fees charged for the non-completed transaction. If the cancellation occurs after the order has been paid, todocoleccion shall discount the amount from the payment corresponding to the date of processing the handling fees, provided that this is requested within 100 days from the date of sale.

As a seller, you explicitly accept that said refund shall be made discounting the previous payments which may have taken place.

You undertake not to jeopardise any other sales as such (for example, contacting other users of the Services and offering them similar lots at lower prices).

If any type of irregularity and/or non-compliance with the rules of the system is detected, all privileges shall be withdrawn from users for current and future services, such as the ability to place items for auction, recycle lots for free, or take part in extraordinary/themed auctions.

You understand and explicitly accept that when a sale is agreed, your data shall be provided to the buyer of the lots in order to successfully carry out the transaction. todocoleccion is not liable for the use which buyers may make of the information that you provide us with.

As a seller, you explicitly accept that buyers may post comments, whether positive or negative, in the Reviews section about the transaction carried out with you and that you will be rated according to this, without todocoleccion being held liable for this reason.

Specific rules for the buyer

You shall ensure that the purchase of the items which you buy is not prohibited in the jurisdiction where you live or in any other applicable jurisdiction and you shall be solely responsible for this if otherwise, without todocoleccion, in its capacity as a mere provider of intermediary services, assuming any liability for this matter. As indicated above, todocoleccion only provides the intermediary Services which make the Website a meeting point between sellers and buyers, so any claim related to the acquired goods shall be addressed to the pertinent seller.

You understand and explicitly accept that when a purchase is agreed, your data shall be provided to the seller of the lots in order to successfully carry out the transaction. todocoleccion is not liable for the use which sellers may make of the information that you provide us with.

As a buyer, you explicitly accept that sellers may post comments, whether positive or negative, in the Reviews section about the transaction carried out with you and that you will be rated according to this, without todocoleccion being held liable for this reason.

Other important rules

IDENTIFICATION AND PASSWORD

You are responsible for all actions carried out upon use of your password, which should not be provided to anyone else and should always be kept confidential. You shall not use your password for anything which is not authorised.

Reviews

Manipulating any information included in the Reviews section is strictly prohibited. This includes, among others, the following actions: posting positive information about yourself or having others do it for you; posting negative information about others using the ID and password of a third party; or posting negative information about a user because they have done or failed to do something that is not related to the sale.

todocoleccion reserves the right to modify the rules concerning Reviews. In this case, users of the Services shall be informed in a timely manner.

As the Reviews are written only by users of the Services, todocoleccion does not assume any liability for this matter. You explicitly accept that, by using the Services, you are exposed to Reviews and consequent ratings, whether favourable or unfavourable, which you may receive from another user.

Role of todocoleccion in the intermediary service

todocoleccion is not involved in the sales transaction between the seller and the buyer of the lots which appear on its website. The function of todocoleccion is limited to providing online support and facilitating communication between potential sellers and buyers of a certain item through the use of the Services. Therefore, it is a mere intermediary for the purposes of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.

todocoleccion is a mere provider of intermediary services, so we would like to remind you that it does not control or supervise (a) the quality, safety, characteristics and other elements of the lots offered for sale; (b) the legality of the articles advertised and offered; (c) the veracity and accuracy of sold items with the description made by the seller; (d) compliance with legal requirements to offer and sell the sold items; (e) the capacity and lawfulness of the seller to advertise and sell the goods for sale, nor of the buyer to buy the lots which they request; or (f) the safekeeping of the items for sale, and neither does it assume any liability for any of the above beyond the provisions of the law.

Remember that contacting and dealing with strangers always involves risks, over which todocoleccion has no control, nor does it assume any liability. In any case, todocoleccion provides users with a review and rating service which will help them evaluate the people they deal with, but please note that this is not infallible and that todocoleccion does not endorse or guarantee the correctness and accuracy of said rating, nor the compliance of users with the applicable law, nor with their corresponding commitments. Therefore, you must use the Services freely and prudently and, in any case, at your sole responsibility and exclusive risk.

Neither does todocoleccion control, supervise or assume any liability for the buyer's ability to pay.

Furthermore, todocoleccion does not intervene in (a) setting the price of the lot, which shall be set by the seller in the event of a direct sale, or by demand in the event of a sale using the auction method; (b) in the terms and conditions of payment, delivery and other terms and conditions of the sale, which shall be set by the seller; or (c) in the compliance by the aforementioned parties with said terms and conditions.

Consequently, given that todocoleccion does not intervene in the transaction between you and other users, you understand that you may not file against todocoleccion and any of its agents, employees and dependents any claim, lawsuit, compensation for damages (whether compensatory or for loss of profits) of any kind and nature, known or unknown, foreseeable or unforeseeable, hidden or otherwise, which derive or may derive, or in any related way, from the sales or purchase transactions completed or not completed, or from items offered or sold, beyond those provided for by current legislation.

Information published in the Services

You agree not to use the Services for any illegal purposes or for the transmission of any material which is illegal, bothersome, defamatory, invasive to the privacy of third parties, rude, threatening, pernicious, vulgar, obscene, harmful or unacceptable for other reasons, or which infringes or may infringe the industrial or intellectual property rights or other rights of third parties.

In any case, you understand that todocoleccion may not and does not control the information which other users send via the Services, and solely reflects the information provided by users. Even when prohibited, some users may enter, provide or convey offensive, false, harmful or defamatory information, with todocoleccion only being liable in the events foreseen by current legislation and in particular by Article 16 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce. Furthermore, you should exercise caution when communicating information to other users of the Services.

The User explicitly agrees that todocoleccion or the person designated by it may process the registration data for its legitimate purposes in accordance with these Terms and Conditions of Service and, subject to the rules of todocoleccion in terms of privacy, as well as legal restrictions, which protect the information provided by you (such as your email address, your name, your user ID).

In accordance with these rules, todocoleccion shall not provide said information to any other user of the Services, unless you are the buyer or seller of a lot for sale, so that the parties may complete the transaction, or to any third party, unless it is necessary (a) to comply with the law; (b) to comply with legal procedures, including court orders or those from competent administrative bodies; (c) to respond to claims that said content violates the rights of third parties; or (d) to protect the legitimate interests of todocoleccion or of third parties, which is explicitly accepted by you. The rules of todocoleccion in terms of privacy may change in the future. We recommend that you regularly check the section referring to this point to keep abreast of any possible changes.

Use of published information

When you engage as a user of the Services, you provide us with certain information about yourself and/or about the lots offered for sale. You also grant todocoleccion the non-exclusive right to use all the aforementioned information and other information derived from it, in any medium, whether known or unknown at present. This right includes, among others, the right to show, edit and display the information provided by you in any Service or medium of todocoleccion, to search for this information, and, in accordance with the privacy rules of todocoleccion, to cluster it and transfer it to any third party for any purpose. For the purposes of this paragraph, information is construed as, but not limited to, the data, texts, photographs, drawings, reviews and any other information or data displayed or presented in connection with your lots offered for sale via todocoleccion. todocoleccion shall perform said actions respecting the provisions of applicable legislation on data protection.

In relation to the intellectual property rights which may be generated in relation to the material shared on the Website, by ticking the option "I ACCEPT THE TERMS AND CONDITIONS OF SERVICE" you are granting us a non-exclusive, free and irrevocable licence for everyone to use all your intellectual property rights to the material displayed on our website, in any future medium, whether known or unknown at present, as well as the right to grant sub-licences (of different levels).

Status as user of the Services

todocoleccion reserves the right of admission to the Services, and you explicitly accept that todocoleccion, in the event that you seriously or repeatedly breach these terms and conditions, may delete any Services in which you are participating or your use of the Services, in particular, without this restricting said right of admission. However, todocoleccion may do so if (a) it understands that you have acted against the letter or spirit of these Terms and Conditions of Service; or (b) if it understands that you have infringed or intended to infringe the rights of other users.

Furthermore, you explicitly accept that your user account shall be cancelled if you do not use these Services at least once during a reasonable period of time (to be defined by todocoleccion), which shall not be less than six months. You accept that todocoleccion does not assume any liability, whether contractual, non-contractual or otherwise, against you or third parties for said concept.

Definition of guarantees

The user explicitly accepts that the use of the Services is at their exclusive risk. The Services are provided how and when they are available. The user declares to know that todocoleccion is a provider of intermediary services hosting information about the items which users decide to share through todocoleccion, so it is not liable for the information stored at the request of its users except in the cases included in Article 16 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce.

todocoleccion explicitly excludes any guarantee regarding the service, information and other content transmitted through it and the items offered therein, whichever they may be, express or implied, including, but not limited to, the implied guarantees regarding their saleability and/or suitability for a specific purpose and compliance therewith.

todocoleccion does not guarantee in any way that the Services shall be adapted to the needs of the user or that the Services shall be uninterrupted, punctual, secure or free of errors. Neither does todocoleccion guarantee the results expected from use of the Services, nor the accuracy or reliability of the information obtained through the Services, nor that any software defects will be remedied, where applicable.

The user knows and accepts that any material and/or data received, or otherwise obtained, through or from the use of the Services, or any item obtained through the Services, has been done so freely and at the sole liability and exclusive risk of the user, who shall be solely liable for any damages arising from this or any other transaction.

todocoleccion does not offer any guarantee on items purchased or obtained through the Services or on transactions arranged through the Services, nor on compliance by users with their corresponding legal or contractual obligations. Any claim related to purchased items shall be addressed to the relevant seller.

No advice or information, verbal or written, obtained by the user of todocoleccion or through the Service shall be or construed to be a guarantee, unless explicitly stated herein.

The provisions of this point shall not apply to buyers who act as consumers and shall only be inapplicable in cases which conflict with the provisions of legislation on consumer rights.

Compliance with laws

When using the Services, you are bound to abide by all applicable laws and regulations, whether local, regional, national or international.

You agree to (a) refrain from using the Services for illegal purposes; (b) refrain from obstructing or interrupting the Services or servers or networks connected to the Services; (c) comply with all requirements, procedures, rules and regulations of networks connected to the Services; and (d) comply with all laws on advertising, protection of consumers and users, the sale of goods, and other applicable laws.

Unauthorised commercial transfer and use

You agree not to resell or transfer your rights and obligations arising from these Terms and Conditions of Service. Likewise, you agree not to carry out any unauthorised commercial use of the Services.

Third-party information

You agree not to use the information of third parties, unless it is necessary to complete a transaction derived from the Services.

Obligations of the user

The User undertakes to indemnify todocoleccion against any losses, costs, damages, claims or summons, including reasonable legal fees, entered into by third parties or incurred or suffered by todocoleccion in relation to or as a result of the use of the Services or transfer via the Services under the user's password or account in contravention of these Terms and Conditions of Service or any applicable local, national or international laws or regulations, or as a consequence of infringement by the user of the rights of third parties.

Notifications

Any notifications to the user or to todocoleccion shall be by email or by post. Furthermore, todocoleccion may notify users about changes made to the Terms and Conditions of Service or other particulars by including the relevant notices in the Services.

General questions

These Terms and Conditions of Service and the relationship between you and todocoleccion are governed by Spanish legislation, regardless of the applicable conflict laws. The user and todocoleccion explicitly and irrevocably submit to the sole jurisdiction of the courts of Málaga, except when legislation on consumer law applies, in which case the jurisdiction established by the applicable law shall apply.

The fact that todocoleccion does not exercise or demand any rights or provisions of these Terms and Conditions of Service shall not be or construed to be a waiver of such rights or stipulations.

If a competent court rules that any provision of these Terms and Conditions of Service is void, the parties agree that the court shall attempt to respect and enforce the intention of the parties reflected in the aforementioned provisions, and that the rest of the provisions shall remain fully valid and effective.

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