TERMS & CONDITIONS

1. OWNERSHIP

In compliance with the provisions of article 10 of Law 34/2002, of July 11, on services of the information society and electronic commerce, the general information on the Website is provided below:

The owner of the website is the company Sailing Marketplace (hereinafter "SAILING MARKETPLACE") with a registered office in Barcelona, ​​Spain.

The electronic customer service address: info@sailingmarketplace.com

 

2. PURPOSE

2.1. SAILING MARKETPLACE makes available through the websites of its ownership, APP or any other means that it establishes in the future, a technological platform (hereinafter "WEBSITE") where third-party Sellers (hereinafter "SELLERS" or "PARTNERS") they put on sale products or services aimed at Users (hereinafter "USERS" or "CLIENTS").

2.2. SAILING MARKETPLACE may, always depending on the development and evolution of its products and services, expand or modify its WEBSITE, including or replacing new products, services, activities or content.

3. CONDITIONS OF USE

3.1. Acceptance of the conditions of use and contract.

3.1.1. These General Conditions of Use and Contracting (hereinafter, "the General Conditions") govern, together with the Privacy Policy, access and use by the USER of the WEBSITE as well as the contracting of products and services to through it.

3.1.2. The USER must carefully read these General Conditions each time they access the Website since said General Conditions may be modified.

 

THE USER declares:

• That you have read and understood what is stated here;

• that it assumes all the obligations set forth herein;

• who understands that the WEBSITE is a technological platform owned by SAILING MARKETPLACE where you can purchase products from sellers who advertise and sell their products on the aforementioned platform.

 

3.1.3. The owner of the WEBSITE reserves the right to carry out, at any time and without prior notice, any modification or update of its contents and services; of these General Conditions and, in general, of how many elements make up the design and configuration of the Website.

3.2. Registration need.

3.2.1. In general, to access the services and contents of the WEBSITE, the USER's registration will not be necessary. However, the use of certain services and content may be subject to the prior registration of the USER.

3.2.2. The data entered by the USER must be accurate, current and truthful at all times. The registered USER will be responsible at all times for the custody of their password, assuming consequently any damages that may derive from its improper use, as well as the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and / or the use of services and content made under the password of a registered USER shall be deemed to have been made by said registered USER, who will respond in any case to such access and use.

3.3. Rules of Use.

3.3.1. The User agrees to use the Website and all its content and services in accordance with the provisions of law, morality, public order, and these General Contracting Conditions.

3.3.2. Likewise, it is obliged to make appropriate use of the services and/or contents of the WEBSITE and not to use them to carry out illicit activities or activities that constitute a crime, that violates the rights of third parties and/or that infringes the regulations on intellectual and industrial property. , or any other forms of the applicable legal order.

3.3.3 The USER undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information such as data, content, messages, drawings, sound and image files, photographs or software that are contrary to the law, morality, public order, and these General Conditions. By way of example, and in no case limiting or excluding, the User agrees to:

 

I.- Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, in support of terrorism or that violate human rights or anyone that encourages non-responsible consumption.

 

II.- Do not introduce or spread on the network data programs (viruses and harmful software) that may cause damage to the computer systems of the access provider, its providers or third-party Internet users.

 

III.- Do not spread, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public liberties recognized constitutionally and in international treaties.

 

IV.- Do not spread, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.

 

V.- Do not transmit unsolicited or unauthorized advertising, advertising material, "junk mail", "chain letters", "pyramid structures", or any other form of unsolicited delivery, except in those areas (such as commercial spaces) that have been exclusively designed for it.

 

VI.- Do not introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.

 

VII.- Do not impersonate other Users using their registration keys to the different services and / or contents of the Website.

 

VIII.- Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owners of the Website or third parties.

 

IX.- Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the secrecy of communications and data protection legislation.

The User agrees to hold SAILING MARKETPLACE harmless against any possible claim, fine, penalty or sanction that may be required to bear as a result of the User's failure to comply with any of the aforementioned rules of use, SAILING MARKETPLACE also reserve the right to request the corresponding compensation for damages.

 

3.4. Liability exclusion.

 

3.4.1. The access of the USER to the WEBSITE does not imply for SAILING MARKETPLACE the obligation to control the absence of viruses, worms or any other harmful computer element. In any case, the USER is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs.

 

3.4.2. SAILING MARKETPLACE is not responsible for the damages produced in the software and computer equipment of the USERS or third parties during the use of the services offered on the WEBSITE.

 

3.4.3. SAILING MARKETPLACE is not responsible for damages or losses of any kind produced in the USER that are caused by failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the service of the WEBSITE during the provision of the same or with character previous.

 

3.5. Contents and Services linked through the Website.

 

3.5.1. The access service to the WEBSITE includes technical linking devices, directories and even search instruments that allow the USER to access other pages and Internet portals (hereinafter, "Linked Sites"). In these cases, SAILING MARKETPLACE will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the USER considers that there is a Linked Site with illegal or inappropriate content, he may communicate it to SAILING MARKETPLACE without, in any case, this communication entailing the obligation to remove the corresponding link.

 

3.5.2. In no case should the existence of linked Sites presuppose the formalization of agreements with those responsible or their owners, nor the recommendation, promotion or identification of SAILING MARKETPLACE with the statements, content or services provided.

 

3.5.3. SAILING MARKETPLACE does not know the contents and services of the Linked Sites and, therefore, is not responsible for the damages produced by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites, nor for any other damage that is not directly attributable to SAILING MARKETPLACE.

 

3.5.4. In the cases in which the USER can access or be redirected to linked Sites that allow the contracting of services and / or products, the USER knows and accepts that SAILING MARKETPLACE acts as a mere intermediary facilitating such access, for which it will not be responsible, nor indirectly or subsidiarily, of the damages of any nature derived from the free use and / or contracting of said services and products of third parties, as well as the lack of legality, reliability, utility, veracity, accuracy, exhaustiveness and timeliness of themselves. By way of example, and in no way limiting, SAILING MARKETPLACE will not be liable for damages of any nature derived from faulty compliance or non-compliance with contractual commitments acquired by third parties; carrying out acts of unfair competition and illegal advertising; the inadequacy and disappointment of the expectations of said services and third-party products and of the vices and defects of all kinds that may occur in them.

 

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

 

4.1. All the contents of the Website, understanding by them, by way of example only, the texts, photographs, graphics, images, icons, technology, software, links, and other audiovisual or sound content, as well as their graphic design and source codes, are the property Intellectual property of SAILING MARKETPLACE or third parties, without any of the exploitation rights recognized by current regulations on intellectual property over them being understood to be assigned to the USER.

 

4.2. The trademarks, trade names, distinctive signs are the property of SAILING MARKETPLACE or third parties, without it being understood that access to the Website attributes any right over them.

 

4.3. By accepting these General Conditions, the User transfers to SAILING MARKETPLACE, free of charge and exclusively, all the exploitation rights on the articles, comments and opinions (hereinafter, “the Contents”) that the User publishes or whose publication authorize on the Website. Said transfer will be understood to have been made for the global territorial scope, without any limitation, and for the maximum period of duration provided in Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Property Law. Intellectual, regularizing, clarifying and harmonizing the current legal provisions on the matter. SAILING MARKETPLACE may exploit the rights of reproduction, transformation, distribution and public communication of the Contents, in the broadest sense recognized by said Law.

 

4.4. The User, who claims to have all the intellectual property rights on the articles, comments, and opinions mentioned above, undertakes to assume any claim or responsibility, including compensation for damages, that any third party may exercise against SAILING MARKETPLACE for considering infringed Your rights for any of the actions derived from the obligations that the User contracts directly or indirectly with these General Conditions.

4.5. Likewise, the User agrees to hold SAILING MARKETPLACE harmless against any damage that he or a third party may suffer as a result of the formalization of the transfer of rights regulated in this clause.

4.6. SAILING MARKETPLACE does not assume any responsibility for the intellectual and industrial property rights that the SELLER includes in the information related to the sale of the product or service published on the Platform owned by SAILING MARKETPLACE.

 

5. CONTRACTING CONDITIONS

 

5.1. Area of ​​application.

5.1.1 These general contracting conditions will apply to purchases made between USERS and SELLERS who advertise and sell their products through the platform owned by SAILING MARKETPLACE, in case the SELLER does not establish specific contracting conditions.

 

For the purposes of these conditions, SELLER shall be understood as that supplier that advertises and advertises its products on the WEBSITE owned by SAILING MARKETPLACE. Likewise, SAILING MARKETPLACE provides additional services in addition to the technological platform, such as means of payment, customer service and, where appropriate, logistics services.

 

5.1.2. Likewise, these contracting conditions will also apply to those purchases made by USERS in which SAILING MARKETPLACE is also a SELLER.

 

5.1.3. The conditions described in these Terms and Conditions are of a minimal nature, which in any case may be improved by the SELLER, in which case said improvements will be applied preferentially with respect to these contracting conditions.

 

5.1.4. Given the characteristics of the platform, SAILING MARKETPLACE does not guarantee the full availability of the product at the time of purchase, regardless of receipt of the order confirmation email. In the event that the SELLER does not have the product purchased during the order; will be carried out, provided that the USER does not want a change of the product, a full refund of the amount of the product or a charge for the same value in the form of credits in his SAILING MARKETPLACE user account. In the case of a partial or total return, SAILING MARKETPLACE will carry it out in a period not exceeding 14 calendar days from the date that the return request is communicated by the USER. l

 

5.2. Price.

 

5.2.1. All the prices and taxes on the consumption of the products published on the WEBSITE have been indicated by the SELLERS. SAILING MARKETPLACE will supervise that there are no errors in the purchase process but does not assume any responsibility for the accuracy of the information provided by the SELLERS.

 

5.3. Payments

 

5.3.1. The USER may make the payment of the purchases made through the means that SAILING MARKETPLACE makes available to them on its WEBSITE. In any case, it will be systems that guarantee the security of the payment. SAILING MARKETPLACE, in turn, will settle the payments to the SELLER.

 

5.3.2. SAILING MARKETPLACE reserves the right to use electronic means of payment from third parties and / or financial institutions to manage payments made by USERS through the WEBSITE, in collaboration with providers of means of payment.

 

5.3.3. SAILING MARKETPLACE reserves the right to reject or cancel, prior communication to the USER, at its sole discretion, those orders in which there may be (i) inaccuracies or notorious errors in the product, (ii) manifest inaccuracies or errors in pricing. through the SITE or (iii) any suspicion of fraud or false, incomplete or inaccurate significant data provided by the USERS.

 

5.3.4. SAILING MARKETPLACE reserves the right to request a copy by fax or email of the card used in the purchase and identity document, bank statement, national identity document, passport or equivalent documentation DNI of the User to confirm the veracity of the data provided.

 

5.3.5. The USER expressly authorizes the SELLER, in case of requesting an invoice for the products purchased, to receive it in electronic format and in the legal currency of the country corresponding to the SELLER's registered office.

 

5.4 SAILING MARKETPLACE Points Program

 

SAILING MARKETPLACE has a loyalty program underway called “SAILING POINTS”.

 

5.4.1. Obtaining: The USER will receive proportionally 1 SAILING POINT for every 100 euros of purchase of products made in SAILING MARKETPLACE. The total points received will be accumulated in your User account in SAILING MARKETPLACE as a credit in your favor and may be used by the USER in subsequent purchase.

 

5.4.2. These points received will expire after 6 months from the date of the order confirmation.

 

5.4.3. If an order is canceled (due to fraud or incidence) these credits will be withdrawn from the user unless they have been previously used. If the order is changed up or down, the credits are not recalculated.

 

5.4.4. The USER will receive an invoice for the total value of the products purchased, regardless of the use or not of the points during the order.

 

5.4.5. Points are not cumulative with other promotions for placing an order in SAILING MARKETPLACE.

 

6. LIMITATION OF LIABILITY.

 

6.1. All the information that is published on the WEBSITE, in an illustrative but not limiting or exclusive ways, such as the description of the product, the availability and the price has been provided by the SELLER. SAILING MARKETPLACE is limited to publishing the SELLER's products as well as its availability to facilitate the acquisition and payment, being a mere intermediation service by SAILING MARKETPLACE.

 

6.2 The SELLER has assigned to SAILING MARKETPLACE the intellectual and industrial property on the products contributed and published on the Platform for the correct sale of the same, stating that they have all the authorizations and licenses for it, exonerating SAILING MARKETPLACE from any responsibility.

 

6.3. The SELLER has commercial distribution rights for distribution in SAILING MARKETPLACE, SAILING MARKETPLACE not assuming any responsibility to the contrary.

 

6.4. SAILING MARKETPLACE, without prejudice to the foregoing, will apply the utmost diligence in the selection of the SELLERS and, where appropriate, the verification of the requirements by the SELLER that enables him to provide the services or deliver the products in question.

 

6.5. The images that illustrate the products published on the WEBSITE have been provided by our SELLERS and special attention has been paid to suppress any type of error, however, if the USER finds any error, he can communicate it to SAILING MARKETPLACE through the customer service. to the client and SAILING MARKETPLACE will solve it as quickly as possible.

 

6.6. SAILING MARKETPLACE limits itself to publishing the information provided by the SELLER but cannot guarantee that it is true and reliable.

 

6.7. SAILING MARKETPLACE is not responsible for the links and content to the websites owned by third parties that may be included by SAILING MARKETPLACE to provide more information to the User. If the USER accesses them, they will be subject to the terms of use and / or contracting and the privacy policy contemplated there.