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Terms for Platform Buyers

 

Background:

These Terms for Buyers, together with any and all other documents referred to herein, set out the terms under which Users (“Buyers”) buy from Sellers on Our Marketplace. Please read these Terms for Buyers carefully and ensure that you understand them before purchasing anything on Our Marketplace. You will be required to read and accept these Terms for Buyers. 

1.Definitions

1.In these Terms for Buyers the following expressions have the following meanings:

“Account”

means an account required to access and/or use certain areas of Our Site, including Our Marketplace;

“Buyer”

means a User who makes a purchase on Our Marketplace;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Listing”

means items for sale;

“Marketplace”

means Our platform for Buyers and Sellers on Our Site;

“Our Site”

means this website, www.Recovo.co

“Payment Service”

means the payment service provided by Stripe;

“Seller”

means a User who sells on Our Marketplace;

“Third Party Payment Service Provider”

means Stripe, Inc. (“Stripe”), headquartered in San Francisco, California., and whose website is https://stripe.com/gb;

“User”

means a user of Our Site;

“User Content”

means any Content added to Our Site by a User;

“We/Us/Our”

means Recovo , a trading brand of recovo lab s.l  a limited company registered in Spain 

 

2.Information About Us

1.Our Site is owned and operated by recovo lab s.l , a limited company registered in Spain 

 

2.Our email address is Info@recovo.co

3.Access to and Use of Our Site

1.Access to Our Site is free of charge.

2.It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms for Buyers, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4.Use of Our Site is also subject to Our Terms of Use and Terms for Sellers. Please ensure that you have read them carefully and that you understand them.

4.Age Restrictions

1.You may only make purchases on Our Marketplace if you are at least 18 years of age. If you are under 18 years of age, your parent or guardian should create the Account for you and you must only use the Account with their supervision.

5.Our Marketplace

Our Marketplace is provided solely as an online venue for Buyers and Sellers. We are not a party to any transactions or other relationships between Buyers and Sellers. You hereby acknowledge and agree that:

1.You are not making a purchase from Us and are not entering into a contract with Us. Your purchase is from the Seller in question, and your contract is with that Seller;

2.We will not be a party to any dispute between you and any Seller or another Buyer. Any claims must be made directly against the party concerned;

3.We do not pre-screen Sellers or any items that Sellers advertise in Listings on Our Marketplace on a best effort basis. We are not, in any way responsible for any items sold or for the content of any Listings; and

4.While all Sellers are required to comply with Our Terms for Sellers below, which include provisions covering important matters such as payment methods, processing times, and delivery methods, all Sellers are different and may not process transactions within the same time frame, or offer the same delivery methods (or prices).

6.Intellectual Property Rights

1.The provisions of Clause 5 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Marketplace whether in Listings or as digital content sold by Sellers.

2.Buyers must, at all times, respect the intellectual property rights of Sellers on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.

7.Buyer Rules and Acceptable Usage Policy

1.When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 7. Specifically:

1.you must ensure that you comply fully with all local, national, or international laws and/or regulations;

2.you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;

3.you must not use Our Marketplace to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;

4.you must not use Our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way;

5.you must always provide accurate, honest information to Sellers on Our Marketplace; and

6.you must not engage in any form of price fixing with other Users (including Sellers and Buyers).

2.When using Our Marketplace, you must not submit anything, or otherwise do anything that:

1.is sexually explicit;

2.is obscene, deliberately offensive, hateful, or otherwise inflammatory;

3.promotes violence;

4.promotes or assists in any form of unlawful activity;

5.discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

6.is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.is calculated or is otherwise likely to deceive;

8.is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

9.misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);

10.implies any form of affiliation with Us where none exists;

11.infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or

12.is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

3.We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms for Buyers. Further actions We may take include, but are not limited to:

1.removing any offending material from Our Marketplace;

2.issuing you with a written warning;

3.legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;

3.further legal action against you as appropriate;

5.disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

6.any other actions which We deem reasonably necessary, appropriate, and lawful.

4.We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Buyers.

 

 

8.Purchasing from Sellers

1.As set out above in Clause 5, all transactions on Our Marketplace are between Buyers and Sellers only. We are not a party to such transactions.

2.When making a purchase from a Seller, you expressly agree that:

1.You have read the description and all details within the relevant Listing carefully and that you understand and agree to any and all specific policies that are stated to apply by the Seller;

2.You will pay for the item(s) purchased in full and on time via the payment method provided;

3.You have provided complete and accurate delivery details to the Seller.

4.You are bound by these terms when you use Our Marketplace as a Buyer.

9.Payment Service

1.All Payments on Our Marketplace are made through the Payment Service provided by Stripe, Our Third Party Payment Service Provider.

2.Your use of the Payment Service may require an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before making payments to Sellers on Our Marketplace.

3.By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Marketplace with the Third Party Payment Service Provider.

4.The Payment Service works with the following payment methods:

1.Visa, Mastercard, American Express, Discover, Diners Club, JCB

 

5.If We receive notice from the Third Party Payment Service Provider that your use of Our Marketplace or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Marketplace, and/or the suspension or termination of your Account on Our Site.

6.The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.

10.Payments to Sellers

1.All payments are processed using the Payment Service described above in Clause 9.

2.We will not make any of your payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Sellers at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.

11.Taxes

1.It is the responsibility of Sellers to collect and pay taxes on any sales made through Our Marketplace.

2.Where any tax, for example VAT, forms a part of the price of any item on Our Marketplace, the tax must be included in the price of the item.

3.If a Seller is VAT registered, they may be required to charge VAT on the items that they sell on Our Marketplace.

4.For further information on VAT and other taxes in your location, please contact your local tax authority.

12.Delivery

1.Sellers are required to dispatch items to you as soon as reasonably possible and within their shipping policy, which is 5 to 7 working days. 

2.As stated in sub-Clause 8.2.3., you must provide complete and accurate delivery details to the Seller. The Seller is responsible for ensuring that they use the delivery address exactly as you provide it to them, but if dispatched items do not reach you due to an incorrect address provided by you, it is your responsibility and not the Seller’s. Furthermore, if you miss your delivery and the order is returned to the Seller, it is your responsibility to cover the cost of the shipping for the order to be resent to you.

3.Sellers are free to determine the delivery charges for their items; however, Sellers must ensure that delivery charges are reasonable, not excessive, and genuinely reflect the actual cost to the Seller of delivering the item in question to you.

4.Different delivery methods may be offered by different Sellers.

5.Once an item has been dispatched to you, Our Marketplace may provide you with a notification by email or SMS message.

6.Our Marketplace allows Sellers to share tracking information obtained from a postal or delivery service with you.

7.Sellers and Buyers are responsible for ensuring that they check, are aware of, and comply with all applicable shipping and customs regulations when shipping items to you.

8.Any damages made to an order during transit is the responsibility of the courier and not that of Recovo lab s.l or the Seller.

13.Your Rights to Cancel and Return Items

1.All sales are final and there are no refunds, no cancellation, and no returns.

2.Although Recovo lab s.l takes reasonable steps to ensure the accuracy of the items displayed, certain features (such as the colours) may look and/or feel different due to monitor settings. 

 

14.Problems with Transactions and Your Rights

1.Sellers must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase and that matches the samples of the product if you had requested them. 

2.If items do not conform with the requirements outlined in sub-Clause 14.1 and, for example, have faults or are damaged when you receive them, you must contact Us as soon as possible so we can arrange the refund.

3.Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

15.Further Transaction Cancellation Rights

1.The Seller has the right to cancel a transaction and issue a refund of any sums paid (including delivery charges) in the following circumstances:

 

1.You have failed to pay;

2.The Seller has chosen to refuse service.

16.Our Liability to You

1.As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Buyers and Sellers. Furthermore, as stated in sub-Clause 5.2, We do not pre-screen Sellers or any items that Sellers advertise in Listings on Our Marketplace. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any item(s) purchased from Sellers on Our Marketplace. Any claims pertaining to a transaction must be made directly against the Seller concerned.

2.We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms for Buyers or as a result of Our negligence.

3.Subject to sub-Clause 16.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

4.Nothing in these Terms for Buyers seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.

5.Nothing in these Terms for Buyers seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

17.Communication and Contact Details

1.If you wish to contact Us with general questions or complaints, you may contact Us by email on info@recovo.co 

2.For matters relating to Our Marketplace including, but not limited to, these Terms for Buyers, transactions, Buyers, and other Sellers, please contact Us by email on email on info@recovo.co

3.For matters relating to cancellations, please contact Us by email on info@recovo.co  18.Data Protection

1.All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

2.For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookies Policy below.

3.Sellers will also collect, hold, and process your personal information in the course of transactions (for example, your name, and postal address). Sellers are required to have their own privacy policies in place to govern their collection, processing, and holding of Buyers’ personal data. Before entering into a transaction with any Seller please ensure that you have read, understood, and agree to their policies in relation to your data. Sellers are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting your rights under the GDPR.

4.You must only use the personal data of other Users (whether they are Buyers or Sellers) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via Our Marketplace, and/or to respond to messages from them. You may not add any User to a mailing list, use their data for marketing, or any other use. You may only use another User’s personal data for additional purposes with their consent.

19.Other Important Terms

1.We may transfer (assign) Our obligations and rights under these Terms for Buyers to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms for Buyers will not be affected and Our obligations under these Terms for Buyers will be transferred to the third party who will remain bound by them.

2.You may not transfer (assign) your obligations and rights under these Terms for Buyers without Our express written permission.

3.If any of the provisions of these Terms for Buyers are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Buyers. The remainder of these Terms for Buyers shall be valid and enforceable.

4.No failure or delay by Us in exercising any of Our rights under these Terms for Buyers means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Buyers means that We will waive any subsequent breach of the same or any other provision.

5.We may revise these Terms for Buyers from time to time in response to changes in relevant laws and other regulatory requirements.

20.Law and Jurisdiction

1.These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Barcelona, Spain

2.If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence.

3.Any dispute, controversy, proceedings or claim between you and Us relating to these Terms for Buyers, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain.



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