1. Identification of the party responsible for the service

   1. The service for purchases, sales and auctions supplied through this website (hereinafter, the “Website”) and of the mobile applications available on Google Play Store and on Apple App Store (hereinafter, together, the “Platform”), is managed by ZOCONET, S.L., (hereinafter “todocoleccion”), a Spanish company with registered office in Avda. Juan López Peñalver, nº 17, CP 29590, Málaga, Spain, with Spanish Tax Number B-29853264 and registered in the Malaga Companies Registry at Volume 2029, Book 942, Folio 117, Section 8, Page MA-29455, Entry 1. You can contact us by telephone (+34) 951 56 81 71 or by using the electronic contact form available here.

2. Content and Conditions of the service supplied by todocoleccion

   1. todocoleccion acts as a meeting point on the Internet, allowing any registered user to sell and buy from anywhere and at any time any of the products offered on the Platform. In this regard, todocoleccion is a mere intermediary in the terms set out in Information Society Services and Electronic Commerce Law 34/2002 (11 July), given that the entirety of the products included on the Platform belong to and have been published by the users who sell them. Therefore, todocoleccion is a provider of intermediation services between user-sellers and user-buyers by means of the Platform (hereinafter, the “Service” or the “Services”). For the purposes of these terms and conditions of the service (hereinafter, the “Terms and Conditions of the Service”), the user who offers objects for sale or auction is a “Seller” (or, in plural, “Sellers”) and the user who acquires products through the platform is a “Buyer” (or, in plural, “Buyers”).

   2. In particular, the Services supplied by todocoleccion include:

      • The creation of a user account as Buyer or Seller, which allows the user to contact other users.

      • Storage of the personal data required to buy or sell products, together with information relating to the transactions made through the Platform.

      • tc Shipping Service, optional for Sellers, which includes logistics and shipping by courier firms in the processing of sales, with personalised, exclusive and competitive prices. If they use the shipping service, Sellers accept the terms and conditions and fees detailed in the Terms and Conditions of use of the tc Shipping Service. For clarification purposes, with tc Shipping Service, todocoleccion only facilitates the hiring of a courier service, through its integration into the Platform, which is provided by a third party. Thus, todocoleccion does not carry out, is not responsible or liable, at any time, for the shipment of lots or products to Buyers. tc Shipping Service is offered exclusively for Sellers, limited to facilitating the hiring of a courier service through the Platform.

      • Optional secure payment for Sellers and Buyers, which offers greater guarantee of payment and shipment. Any user who uses the tc Pay Service accepts the terms and conditions detailed in the Terms and Conditions of use of the tc Pay Service.

   3. todocoleccion reserves the right to add, modify or remove any functionality or characteristic of the Platform and/or the Services, and it may give prior notice thereof through the Platform. If the user does not agree to the new characteristics of the Platform and/or the Services, he may deregister by any means authorised for that purpose.

   4. todocoleccion reserves the right to deny access to the Platform and to the Services, to cancel any account and to remove or modify any content without prior notice if the user does not comply with the applicable law or disrespects other users or any employee of todocoleccion in such a way that contravenes, obstructs or hinders the normal and orderly supply of the services in the terms set out in clause 4.2 of these Terms and Conditions of the Service.

   5. Before buying or selling lots through todocoleccion, it is important that both Sellers and Buyers carefully read, understand and accept these Terms and Conditions of the Service.

3. Limitation of the liability of todocoleccion

   1. The information relating to the products, the prices thereof, the method of sale, together with any other element relating to the products included on the platform, depends solely on the Seller, given that todocoleccion in no way participates in: (i) the inclusion of the information relating to the goods; (ii) the conclusion of the operations of purchase and sale; and/or (iii) the transactions deriving therefrom. Therefore, any disagreement between the Seller and the Buyer in relation to the products acquired or the transaction made has no connection with todocoleccion, save in the cases set out in these Terms and Conditions of the Service.

   2. In relation to the foregoing, users must pay special attention to the provisions which limit the liability of todocoleccion pursuant to these Terms and Conditions of the Service. In this regard, the Service has some limitations that you must know and accept:

      • todocoleccion does not select, review or monitor the lots put on sale through the platform, or the persons who participate in the transactions.

      • todocoleccion does not in any way intervene in the conclusion of the sale and purchase operations in which the users of the system participate and, in particular, it has no involvement in any refunds or guarantees that may have been offered. Thus, when there is a sale, the Seller and the Buyer are solely liable for the performance of that sale.

      • todocoleccion does not have the power to act in the name of the Seller or of the Buyer. Given that the transaction only takes place between users, todocoleccion has no involvement in the disputes that may arise between a Buyer and a Seller, or in their resolution.

   3. By ticking the option "I AGREE TO THE TERMS AND CONDITIONS OF THE SERVICE", you agree to be bound by these terms and conditions, including the limitations of the liability of todocoleccion. Notwithstanding the foregoing, todocoleccion may temporarily suspend any transaction if it knows that the price of a lot is well below the shipping costs and such disparity may involve fraud by the Seller in order to avoid paying a larger commission for the sale. The suspension of the transaction will only be lifted where the Seller gives adequate justification for the disparity.

4. Creation and termination of an account

   A) Creation of an account

   1. In order to be able to make use of the Services supplied by todocoleccion, a user must create an account through the Platform, and once the account is created, the user may register himself as Buyer or Seller. The information required for the creation of the account is: email, user name and password.

   2. The password must be generated by each user having regard to the requirements of strength and complexity established by todocoleccion at the given time and, in any event, it will be personal and non-transferable. As a result, users are responsible for the safekeeping and confidentiality of any identifiers (email and user name) and/or passwords they have chosen as user and they undertake not to transfer its use to third parties, whether temporarily or permanently, or to allow third parties access to it. The user will be liable for unlawful use of the services by any illegitimate third party who for that purpose uses a password due to the careless use or loss of it by the user, keeping todocoleccion harmless in any event.

   3. Furthermore, in order to register as a Seller, the user must supply his first name and surnames, Spanish National Identification Number, Spanish Tax Number or Foreigner’s Identification Number, address and mobile telephone number, together with identification of the Seller type, stating specifically whether it concerns a private individual or a professional, the user being obliged to ensure that the data supplied is true and correct, and to update the data if it changes.

   4. Finally, todocoleccion will charge each user who requests a new registration as Seller the amount of one cent (€0.01) plus VAT as a processing fee, which must be paid by credit card or PayPal. That amount will be non-refundable.

   5. The legal relationship arising from registration as user will exist for the time that the user uses any of the Services that todocoleccion makes available to him and for two (2) years from the last time that the user accessed the Services, with his registered user name, through the Platform. Once the said period has elapsed, todocoleccion will deactivate the user’s account and block his data in accordance with the applicable law. All users accept that todocoleccion assumes no liability, whether contractual, extra-contractual or of another type, to Sellers, Buyers or others for the processing of the deregistration of their account in accordance with the aforesaid terms and conditions.

      B) Termination of an account

   6. Either of the parties may unilaterally terminate or suspend this contractual relationship at any time and simply because it is the wish of that party, without prejudice to the obligations arising from the placing or acceptance of orders with other Buyers or Sellers prior to termination of the relationship.

   7. The user may unilaterally exercise the right of termination by way of the account cancellation process, although, in that case and as stipulated in the applicable law, todocoleccion will not be obliged to refund any amount paid by the user and whose services have already been used, whether in whole or part. In any event, and as previously mentioned, todocoleccion reserves the right to unilaterally cancel the account of any user, without prior notice, as well as to suspend or deny any service or transaction in which the Seller or the Buyer participates when he: (i) breaks the applicable law; (ii) breaches these Terms and Conditions of the Service, whether in isolation or repeatedly; (iii) infringes the rights of other users; (vi) disrespects other users or any employee of todocoleccion in a way that contravenes, obstructs or hinders the normal and orderly supply of the Services; (vii) supplies any contact information to Buyers or Sellers in order to avoid the payment of any commission; (viii) keeps his account inactive for a period of more than one year; (ix) does not pay for the supply of those Services that require payment in accordance with the terms and periods set out in these Terms and Conditions of the Service or in the Terms and Conditions of tc Pay and/or (x) prior to any due date for payment, he states that payment will not be made.

   8. Among other things, the following will be considered to be disrespect or behaviour which jeopardizes proper use of the platform: insults, offensive attitudes and boastful replies which involve contempt for or bring into disrepute any other user or employee of todocoleccion.

   9. Furthermore, todocoleccion may suspend or deny any Service or transaction when it detects that a user whose account has been cancelled, suspended or deregistered for any of the reasons given in these Terms and Conditions of the Service seeks to access with a different account, whether a related account or a new account created to evade the cancellation or suspension of his initial account. In this regard, todocoleccion may consider that an account is related to another when they share the same telephone number, email, IP address, bank account or other data that allows for the unequivocal identification of the user. In cases where todocoleccion detects that a user seeks to register himself by means of a new account following the cancellation or suspension of his initial account in accordance with the terms of this clause, todocoleccion will not be obliged to refund the amount of one cent (€0.01) plus VAT paid by the user as a processing fee.

5. Users of the Service

   1. Given that users who use the Service do so for the purpose of entering into purchase agreements, only persons of adult age may participate. By ticking the option "I AGREE TO THE TERMS AND CONDITIONS OF THE SERVICE", the Buyer or Seller states that he is 18 years of age or older, and that he has capacity to buy and sell. In any event, the contracting of the Service from the Platform by a person not of adult age who falsifies the registration information, will be considered to have been done under the supervision and authorisation of his parents, guardians or legal representatives.

   2. In order to improve the service, we ask that you inform us of any unusual behaviour by users of the Service. In any event, users are obliged not to use the information or data of other persons, except where it is necessary to complete any operation arising from the Service and those other persons have authorised such use.

6. Rules regarding purchase and sale

   1. The service of purchase and sale is offered in two forms: Direct Sale and Auctions.

   2. The functioning of the Service is based on performance by users of the obligations they assume as Buyer or Seller.

   3. If a Seller offers a lot for sale and a Buyer asks to purchase that lot, or if a Seller accepts an order for a lot on sale, the Seller is obliged to execute and complete the sale of the lot. The Seller may not change his position except in duly accredited cases of force majeure.

   4. By putting a lot on sale or buying an item, the user states and certifies that he has the right and capacity to buy or sell that item.

   A) Specific rules for the Seller

   5. Users who wish to register as Sellers must pay the amount described in clause 8 of these Terms and Conditions of the Service, which will not be refundable in any event. However, a user who requests a new registration as a Seller can also choose the invitation option, that is, to receive an invitation code from a prestigious Seller on todocoleccion, in which case the payment of the registration fee is not required.

   6. The service only allows one account per Spanish National Identification Card, Spanish Tax Number or Foreigner’s Identification Number.

   7. Additionally, a Seller is obliged:

      • To put his lots on sale classified in the appropriate category and to describe truthfully and precisely the goods offered so as not to be misleading as regards characteristics, origin and qualities of those goods.

      • To indicate if he is acting as an entrepreneur (any natural or legal person, whether private or public, acting directly or through another person on its behalf or following its instructions, for a purpose related to its trade, business, craft or profession). In those cases in which the Seller is not considered an entrepreneur, consumer and user regulations shall not apply to the transaction.

      • Not to include a link to or advertise anything relating to other goods or material relating to other goods that are not on sale through todocoleccion.

      • Not to include publicity, data, keywords or tags which allow Buyers to locate their lots on sale by methods other than those which todocoleccion makes available to Buyers.

      • Not to impede the proper performance of other sales (for example, contacting users of the Service and offering them similar lots at lower prices or by undermining the reputation of other Sellers).

      • To sell objects, not services, without exception.

      • Not to sell, in any event, the following items set out by way of example and without limitation:

        • Any item the sale of which is prohibited under any applicable law, regulation, order or other provision of law.

        • Any item that the Seller does not have the right to sell as it is not his property or he does not have the appropriate capacity.

        • Any item which infringes or breaches the rights of any person.

        • Any other item that, at the discretion of todocoleccion, is contrary to the policy of the Service supplied.

   8. If the lot which the Seller puts on sale on the Platform receives a purchase order from a Buyer, the Seller is obliged to perform the sale of the said lot in accordance with the terms and conditions offered.

   9. It is the responsibility of the Seller to have available all the advertised lots in order to ensure that users’ expectations are not adversely affected. The Seller must accept liability for a lot that is lost, damaged or previously sold, and in that event withdraw it from sale before it can be purchased.

   10. When for a justified reason an order is not fulfilled, the Seller undertakes to notify todocoleccion, of the cancellation of that order within 45 days following the sale.

   11. todocoleccion will analyse the request to cancel the order and, in the event that the Seller has complied with all the obligations and requirements acquired and/or requested by todocoleccion, the commission corresponding to that transaction will not be charged. In this regard, the Services provided by todocoleccion and for which the Fees are charged, are merely services of intermediation, and consequently the cancellation of the order does not automatically entail the return of the commission associated with the service already supplied. In order for todocoleccion to return to the Seller the commission corresponding to the cancelled transaction, it will be necessary for the Seller to prove that the sale has not been completed successfully. For that purpose, todocoleccion may request from the Seller, up to 45 days following cancellation of the order, reliable evidence which makes it possible to verify that the lot in question is in the Seller's possession or, where appropriate, demonstrate that it has been sold or transferred by other means external to the platform and, in no event, to another user of todocoleccion.

   12. If the cancellation occurs after the order is settled, todocoleccion will discount the amount in the settlement corresponding to the date of processing, provided that it is requested within 100 days of the date of sale. The Seller expressly accepts that this payment will be returned to him and discounted from the subsequent settlements that are made.

   13. If any irregularity and/or breach of the rules of the system is detected, the privileges will be withdrawn to those Services and tools, whether free of charge or not and whether currently implemented or to be implemented in the future, that we make available to users, it not being possible to auction or recycle lots free of charge or participate in the Extraordinary/Themed Auction. Further, collection of pending settlements may be brought forward when the Service manager considers it appropriate having regard to the circumstances impacting the account. 

   14. Sellers understand and expressly accept that when a sale is entered into, their data will be supplied to the Buyer of the lot in question so that the operation can be completed. todocoleccion is not liable for the use made by Buyers of the information which Sellers supply to todocoleccion.

7. Specific rules for the Buyer

   1. User-Buyers who use the platform must distinguish between:

      • On the one hand, the intermediation Service supplied by todocoleccion and for whic todocoleccion is responsible; and

      • On the other hand, the purchase agreement entered into with Sellers, for which todocoleccion is not responsible and regarding which the Buyer must enforce his consumer rights against the Seller who offered the product.

   2. todocoleccion the platform available to Buyers and Sellers as a mere intermediation space. Therefore, any claim related to the goods offered must be made by the Buyer against the Seller.

   3. For information purposes, you are informed that user-Buyers who act as consumers do not have their rights limited by the contents of this document.

   4. The Buyer must ensure that the purchase of the items he seeks to buy is not prohibited in the jurisdiction where he lives or other applicable jurisdiction, and he is solely liable for the consequences of his purchase, with todocoleccion, in its capacity as mere supplier of intermediation Services, assuming no liability for this reason. As stated above, todocoleccion only supplies the intermediation Service which makes the Platform a meeting point between Sellers and Buyers. Therefore, any claim relating to the goods purchased must be made against the Seller.

   5. The Buyer understands and expressly accepts that when he enters into a purchase, his data will be supplied to the Seller of the lots so that the operation can be carried out. todocoleccion is not liable for the use made by Sellers of the information which the Buyer supplies to us.

8. Ratings or reviews

   1. Both Sellers and Buyers expressly accept that other users of the Platform involved in the transactions they make may put in the Ratings section comments, whether positive or negative, relating to the transaction made, and that any Seller or Buyer is rated in accordance therewith, and todocoleccion assumes no liability for this reason. In this regard, todocoleccion only enables the option to rate a user if he/she has been involved in a sale or purchase, so that all the published reviews have been made by Buyers or Sellers of a specific lot.

   2. The manipulation of the information included in the Ratings section is strictly prohibited. Manipulation includes, among other things, the following actions: (i) introducing positive information about the user in question or causing others to do so on his behalf that is false or unrelated to the sale or purchase; (ii) introducing negative information about others using the identifier and the password of another person; or (iii) introducing negative information about a user for reasons unrelated to a sale.

   3. todocoleccion reserves the right to cancel or eliminate the account of any user who has manipulated the Ratings as set out in these Terms and Conditions of the Service. todocoleccion reserves the right to modify the Ratings rules, in which case users of the Service will be informed.

   4. As Ratings are made only by users of the Service, todocoleccion does not assume any liability for negative comments or ratings that may be published by any user. Without prejudice to the foregoing, todocoleccion may delete those comments that contain insults, abusive terms, harassment or which hinder the orderly operation of the Services as set out in section 4 of these Terms and Conditions of the Service. In those cases in which todocoleccion detects and deletes a rating which meets the conditions stipulated in this paragraph, it may warn the user who has made that rating and, in any event, if he repeats his conduct, todocoleccion may prevent him from making another rating, the foregoing for the sole purpose of avoiding conflicts and guaranteeing maximum neutrality on the Platform.

9. Financial Terms and Conditions

   1. Buyers and Sellers must pay different amounts to todocoleccion for use of the Service and the Platform in accordance with the following terms and conditions.

      A) Sellers

   2. Sellers must pay the following amounts:

      • When Sellers register on the platform, they must pay the amount of one cent (€0.01), plus VAT.

      • todocoleccion will collect from the Seller, as payment for use of the Service, a fee which is clearly specified in the Service Fees. Sellers expressly accept payment of this fee for the supply of the Service, and for that purpose todocoleccion, will issue two monthly invoices, on the first and fifteenth day of each month, respectively, which will reflect the different services contracted.

      • todocoleccion reserves the right to collect in advance the commissions described in the Service Fees, or any other remuneration described therein, until a minimum of 10 positive ratings have been given by 10 different Buyers.

      • Sellers agree to use a credit card as the method of payment to settle their debts with todocoleccion. todocoleccion can provide other payment methods if the Seller does not have a credit card.

      • Sellers, when so required, expressly agree to supply todocoleccion, with the data needed to make payment of the corresponding fees for the supply of the Service. todocoleccion reserves the right to temporarily suspend from sale all the lots of a Seller while there are outstanding or while the account is suspended for any of the reasons stated in these Terms and Conditions of the Service. Likewise, the Seller is responsible for costs of delay and processing arising from the return of direct debits, amounting to seven euros and twenty-five cents (€7.25) plus VAT per returned debit.

      B) Buyers

   3. Currently, todocoleccion does not charge Buyers, except where they use the tc Pay Services.

      C) tc Shipping Services

   4. The tc Shipping Service is a payment service offered by todocoleccion to Sellers, incorporating management of shipping logistics on the Platform and facilitating access to one or more different courier firms, with personalised, exclusive and competitive prices. If Sellers make use of the shipping service, they accept the terms and conditions and costs detailed in the Terms and Conditions of use of the tc Shipping Service.

   5. In any case, this tc Shipping Service does not imply that todocoleccion carries out, is responsible or is liable for the shipment of lots or products to Buyers. This service is provided to Sellers and consists solely of the integration into the Platform of different shipping rates, which is provided by a third party outside todocoleccion and for which it has no responsibility. The shipment itself in the context of a specific sale (including the management of a return as a result of the exercise of the right of withdrawal or because of lack of conformity with the good) will be managed by the Seller.

      D) tc Pay Services

   6. The tc Pay Service is a payment service offered by todocoleccion o Sellers and Buyers in order to give greater guarantee of payment and shipping of lots. The terms and conditions that apply to the service are set out in the Terms and Conditions of the tc Pay Service.

10. todocoleccion’s role in the intermediation service

    1. todocoleccion is not involved in the performance of the purchase agreement between Seller and Buyer of the lots which appear on the Platform. todocoleccion unction is limited to providing Internet support and communication and contact between potential Sellers and Buyers of certain goods through use of the Service. todocoleccion will only participate in the purchase and sale of a lot or product in accordance with the Terms and Conditions of the tc Pay Service.

    2. todocoleccion is a mere provider of intermediation services, so we remind you that it does not control, supervise or assume any liability beyond that established by law in relation to the quality, safety, characteristics and other elements of the lots put on sale. todocoleccion is not responsible for: (a) the truthfulness and accuracy of the description given by the Seller regarding the lots sold; (b) the Seller's compliance with the legal requirements to offer and sell the goods sold; (c) the capacity and legitimacy of the Seller to advertise and sell the goods offered or of the Buyers to buy the lots they request. todocoleccion is not responsible for the safekeeping of the items on sale.

    3. You are reminded that contacting and dealing with strangers always carries risks, over which todocoleccion has no control and for which it does not assume liability. In any event, todocoleccion offers users a Rating and classification service that will help you evaluate the people you deal with, but you must bear in mind that it is not infallible and that todocoleccion does not endorse or guarantee the reliability and accuracy of that classification, or users’ compliance with the applicable law or with their corresponding obligations. Therefore, the Seller or the Buyer must use the service acting voluntarily and prudently and, in any event, at his sole liability and exclusive risk.

    4. todocoleccion does not control, supervise or assume any liability for the Buyer’s ability to pay.

    5. Furthermore, todocoleccion does not intervene in the fixing of the lot price, which will be fixed by the Seller in the case of a direct sale, or by demand in the case of a sale by auction. Likewise, it does not intervene in the terms and conditions of payment and shipping and other terms of the sale, which will be fixed by the Seller, or in the parties’ compliance with those terms and conditions.

    6. Consequently, given that todocoleccion does not intervene in the transaction between Sellers and Buyers, Sellers and Buyers understand that they will not be able to claim from todocoleccion any of its agents, employees and dependents, any compensation for loss and damage (whether actual loss or loss of profits) of any kind and nature, known or unknown, foreseeable or unforeseeable, hidden or not, that may arise or which does arise, or is in any way related to the sale transactions, whether performed or not, or items offered or sold other than the compensation established in the current law.

11. Information published on the Service

    1. Sellers and Buyers undertake not to use the Service for illegal purposes or for the dissemination of material that is unlawful, objectionable, defamatory, invasive of the privacy of others, rude, threatening, pernicious, vulgar, obscene, injurious or unacceptable on other grounds, or which breaches or may breach the industrial or intellectual property or other rights of third parties. If todocoleccion is aware that a lot has one or more of the aforesaid characteristics, it will immediately withdraw that lot.

    2. In any event, Sellers and Buyers understand that todocoleccion cannot and does not control the information that other users send through the Service, and limits itself to conveying the information provided by users. Even when it is prohibited, some users may introduce, supply or disseminate offensive, false, injurious or defamatory information, and todocoleccion is liable only in the cases established in the current law, particularly article 16 of Information Society Services and Electronic Commerce Law 34/2002 (11 July). Further, Sellers and Buyers must be prudent when using the Service to communicate information to other.

    3. Sellers and Buyers expressly agree that todocoleccion or the person they designate may process the registration data for their legitimate purposes in accordance with these Terms and Conditions of the Service, subject to todocoleccion's privacy policy and the restrictions in law which protect the information supplied by the Seller or the Buyer (such as email address, their name and/or user identifier).

    4. In accordance therewith, todocoleccion will not supply any other user of the Service with that information, except where they are the Buyer or Seller of a lot for sale so that the parties can complete the operation, or to any third party, save where necessary (i) to comply with the law; (ii) to comply with legal procedures, including court orders or orders of competent administrative bodies; (iii) to respond to claims that the said content breaches the rights of third parties; or (iv) to protect the legitimate interests of todocoleccion or third parties, which is expressly accepted by all users.

    5. todocoleccion undertakes to comply with data protection law and guarantees that the processing of users’ personal data complies with that law. All information relating to the processing of personal data by todocoleccion is found in our Privacy Policy.

12. Intellectual and industrial property

    1. All content hosted on the platform or made available by todocoleccion in any of the services, such as text, software, scripts, code, designs, photographs, videos, animations, interactive features, graphics, logos, icons or images, is the property of todocoleccion or its content providers and is protected by the laws of Spain, as well as by the international law regarding intellectual and industrial property rights that may apply. In this sense, the reproduction, distribution, public communication or transformation of the todocoleccion Platform, or part of it, is not permitted without our express written consent.

    2. The registered trademarks or the commercial image of todocoleccion may not be used in relation to any product or service that is not offered by todocoleccion through the Platform. All other trademarks that are not owned by todocoleccion and that appear included in Buyers’ or Sellers’ publications belong to their respective owners, who may or may not be affiliated with or related in any way to todocoleccion. That is to say, the contracting of any of the Services does not imply the acquisition of a licence to exploit the intellectual or industrial property rights of todocoleccion.

    3. Sellers grant to todocoleccion a non-exclusive authorisation, which may be sublicensed to third parties, temporarily and for the whole world, relating to the works or services that they may upload to the Platform, authorising todocoleccion to reproduce and publicly communicate them (by any existing method) to the extent necessary for the supply, promotion and advertising of the Service. In any event, Sellers will be exclusively liable for having the intellectual or industrial property rights necessary for the use of the Services and in relation to the content uploaded to the Platform, for which reason they must hold todocoleccion harmless against any claim that may be received from any third party for breach of their rights.

13. Warranty and cancellation

    1. Buyers know and accept that any material and/or data received, or obtained in some other way, through or from use of the Service, or any goods obtained through the Service, have been voluntarily obtained at the exclusive risk and sole liability of the Buyer, and the Buyer is the only party liable for any loss and damage arising therefrom or from any other transaction.

    2. todocoleccion expressly excludes the giving of any warranty regarding the products offered by user-Sellers through the Service, whatever they may be, whether express or implied, including, by way of example, the implied guarantees regarding their marketability and/or suitability for a specific purpose and compliance with it.

    3. Any claim relating to the goods purchased must be made against the relevant Seller. In particular, the Seller is solely responsible for responding to any objection by a user, either because the product sold does not have the characteristics promised, as set out in Royal Legislative Decree 1/2007 (16 November), which approves the consolidated text of the General Law for the Defence of Consumers and Users (“GLDCU”). In this regard, unless the Seller establishes a longer term in his advertisements, he will have to respond to any objection by the Buyer during a period that may never be less than one year for second-hand products and three years for new products. In any event, the Buyer must contact the Seller as soon as possible after the defect is discovered, and must inform of the nature of the problem, the time and the circumstances of its appearance as set out in the GLDCU and in any event exonerating todocoleccion from any liability arising from the breach by the Seller of the above-mentioned law.

    4. No advice or information, verbal or written, obtained by Buyers or Sellers from todocoleccion or through the Service will constitute, and must not be understood to constitute, a warranty unless it is expressly provided for in these Terms and Conditions of the Service.

    5. In accordance with applicable law, and specifically, with the GLDCU, the Buyer has recognized the right of withdrawal so that the Buyer can cancel the contract by notifying the Seller within the period determined by the Seller, which, in any case, may not be less than 14 calendar days from the date of delivery of the goods, without the need to justify its decision and without penalty of any kind, and under no circumstances shall todocoleccion be liable for breach by the Seller of the right of withdrawal recognized by the GLDCU to the Buyer, being a mere intermediary.

    6. To exercise the right of withdrawal, the Buyer must notify the Seller of its decision to withdraw from the contract by means of an unequivocal statement. The Buyer may use the model withdrawal form included in Annex I.B) of the GLDCU, although its use is not obligatory. For the purposes of determining the expiry of the period set out in point 13.5, the Seller shall take into account the date of delivery of the product or lot purchased by the Buyer.

    7. In accordance with the GLDCU, once the right of withdrawal has been formalized, and in case of return, the Seller shall refund to the Buyer all payments received by the latter, including the costs of delivery (with the exception of the additional costs resulting from the Buyer's choice of a mode of delivery other than the least expensive mode of ordinary delivery offered by the Seller) without undue delay and, in any event, no later than 14 calendar days from the date on which the Buyer informs the Seller of its decision to withdraw from the contract of sale.

    8. The contents of this clause will not apply to user-Buyers who act as consumers in all parts that breach the law of consumers and users.

    9. Finally, in accordance with the terms of the GLDCU, the right of withdrawal is excluded in relation to the intermediation service provided by todocoleccion since, once the transaction is initiated, the intermediation carried out by todocoleccion between Buyer and Seller involves the provision of a Service begun and executed in its entirety. In practical terms, the intermediation fees charged by todocoleccion not be subject to the right of withdrawal, to the extent that the intermediation service is provided and executed in its entirety at the time in which a sale is materialized.

14. Parameters for product classification within each section

    1. To facilitate the experience of Buyers and Sellers and as part of the intermediation service carried out by todocoleccion, in our Website we have divided the products into different categories, within the section called "Catalog". Likewise, users can, through the search bar, enter the name of any object, product, category or term and they will access to the list of offers of Sellers available at the moment and that contains the term included or may be related to it.

    2. The parameters used by todocoleccion to determine the classification of the goods within each Category or after a search through the search bar are as follows:

       • From todocoleccion we offer to the Sellers an indicative catalog that tries to collect in the best possible way the whole range of lots for sale, but it is the Sellers themselves who, according to their criteria, place their lots and products in each of these categories. Thus, todocoleccion does not intervene in the cataloguing.

       • Once the category has been selected by the Seller, to classify the lots for sale within each of these categories, the main criterion is the novelty of the lot.

       • In the case of a search for a product by a user through the search bar enabled for this purpose, in addition to the novelty, it will be taken into account that the title of the item contains any of the keywords used by the user in his search.

       • In order to maintain a fair opportunity within todocoleccion, to classify the products or lots, todocoleccion does not take into account the particularities of the Seller (the ratings, whether it is a professional or a private seller, the seniority on todocoleccion, the volume of turnover, etc.).

       • Finally, todocoleccion takes into account the following parameters to list the lots or products: best discounts, discounts by due date, highest price, lowest price, most visited lots in the current day, lots with the most follow-ups and lots with the most bids.

    3. In particular, todocoleccion employs these parameters to provide users with access to the most recent and relevant offers on the products or lots related to their search and to ensure that all Sellers have the same opportunities to make their products available to third parties, ensuring that categorization is carried out taking into account the Buyer's preferences and objective lot criteria.

15. Availability of the Service

    1. todocoleccion in no way guarantees that the service will meet the needs of the user or that it will be provided in an uninterrupted, punctual, secure or error-free way. todocoleccion does not guarantee the accuracy or reliability of the information obtained through the service or the correction of defects that, where applicable, the software may have. Similarly, it cannot guarantee the absence of viruses or other harmful components on the platform or on the server from which it is supplied. Likewise, todocoleccion cannot guarantee the availability of those functionalities related to the Services supplied by user-Sellers.

    2. Notwithstanding the above, todocoleccion will make its best efforts and take all action available to it to oversee the continuous supply of the Services or, where applicable, the re-establishing of the Services as quickly as possible.

16. Legal compliance

    1. When using the Service, Sellers and Buyers, individually, are obliged to abide by all applicable laws and regulations, whether municipal, state, national or international.

    2. Every user of the Platform agrees (a) not to use the service for illegal purposes; (b) not to obstruct or interrupt the Service or servers or networks connected to the Service; (c) to comply with all requirements, procedures, standards and regulations of networks connected to the Service; and (d) to comply with all applicable laws on advertising, consumer and user protection, and sale of goods, and other applicable laws.

17. Transfer and unauthorised commercial use

    1. Platform users are obliged not to resell or transfer their rights and obligations arising from these Terms and Conditions of the Service, and they may not make any unauthorised commercial use of the Service.

18. Liability of Sellers and Buyers

    1. Users of the Service, whether Sellers or Buyers, are obliged to indemnify todocoleccion or any loss, costs, damage, claim or demand, including reasonable lawyers’ fees, claimed by third parties or suffered by todocoleccion, its collaborators, workers, directors, agents or other users in relation to or as a result or consequence of use of the Service, for breach of these Terms and Conditions of the Service or of any applicable laws or regulations, whether municipal, national or international, or as a result of breach by the user in question of the rights of third parties.

19. Notices and amendment of these Terms and Conditions of the Service

    1. Any notices to the user or to todocoleccion must be made by email. Further, these Terms and Conditions of the Service will remain in effect and will be valid for the time that they are accessible through the Platform, without prejudice to the fact that todocoleccion reserves the right to amend them at any time. Users of the Platform will be given prior notice of any substantial amendment of these Terms and Conditions of the service. In any event, access to the Platform after the amendment and/or replacement of these Terms and Conditions of the Service entails acceptance of them by the user.

20. Applicable law and jurisdiction

    1. These Terms and Conditions of the Service will be governed by and interpreted in accordance with current Spanish law, regardless of any applicable conflict of laws. In the event that the user uses the Services in his capacity as a professional, company or legal person, the parties expressly and irrevocably submit, for any issues or disputes that may arise over the interpretation, compliance with and performance of this contract, to the exclusive jurisdiction of the courts of Malaga. In the event that the user is considered a consumer and, as a result, consumer law applies, any dispute will be settled by the courts and tribunals of the consumer's domicile.

    2. The fact that todocoleccion does not exercise or enforce any rights under or provisions of these Terms and Conditions of the Service will not constitute and must not be understood to constitute a waiver of those rights or provisions.

    3. If a competent court determines that any provision of these Terms and Conditions of the Service is void, the parties agree that the court must seek to respect and give effect to the intention of the parties as reflected in the said provision, and that the other provisions will remain in full force and effect.

    4. Furthermore, in their capacity as consumers and in order to present their claim to a dispute resolution body, users may use the European Online Dispute Resolution platform (ODR) in relation to todocoleccion via the following link: 

       https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

Version amended on April 10th, 2023.

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