Terms & Conditions

Terms and Conditions

Secondhandspain.com User Agreement

Second Hand Spain is designed to create an enjoyable oportunity and experience but also has limits and risks that you should be aware of before joining. Please help us to keep Second Hand Spain a positive experience. If you see a listing that violates the rules below, please Report Abuse, in writing, via the “Contact” link. The following Agreement applies to all visitors and users of the Second Hand Spain Website (secondhandspain.com). You may use the Website which has been created by and is controlled by Second Hand Spain subject to these terms and conditions. By accessing or using any part of the Website, you agree to be bound by them. We strongly recomment that you read carefully through and if you do not wish to be bound, you may not access or use the Website. In these terms, reference to “we”, “us”, “our” and “ours” refers to Second Hand Spain and reference to “you”, “your” and “yours” refers to all the visitors and users of the Website and, where applicable, your employer.

Eligibility for Registration

Our services are available only those who are over the age of 18 years and who can form legally binding contracts under applicable law. We require your email address and optionally your telephone number on registration. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.

Rights to Terminate

You agree that Second Hand Spain, in it’s sole discretion, may terminate any classified advertisement or use of the service immediately and without notice if Second Hand Spain believes that you have acted inconsistently with the spirit or the letter of this User Agreement or if Second Hand Spain believes you have violated or tried to violate the rights of other users or if you have attempted to sell any of the products listed in our Banned Items section. If we do not strictly enforce our rights under these terms at any time, we reserve the right to do so in the future both in respect of a particular breach and in respect of any future breach.

Passwords

If you register with the Website you will be given a unique user name and password. You are solely responsible for maintaning the confidentiality of your user name and password. Also, you must ensure that you sign out of the Website when your session has ended.

Conduct

All communication between buyer and seller will be conducted through the Website if you choose not to display personal details. You are solely responsible for the contents of your transmissions through the service. You must ensure that your participation in the selling or the buying of items does not violate any applicable laws or regulations. By this we mean that you must be entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. You may not sell or buy property or items which require a written contract, which is illegal, which requires a licence to buy or sell (for instance firearms, alcohol or pharmaceutical drugs) or which require you to obtain an export licence. Any breach of this Agreement will lead to the removal of your advertisement and the forfeiture of your placement fee. You must not transmit through the service any unlawful, harrassing, libellour, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation. You must not attempt to damage, interfere or harm the web site or services, or any network, or system underlying or connected to them, including by using a robo, spider, scraper or other automated means to access the Website or information feature on it for any purpose. Second Hand Spain prohibits the use of another internet service to send or post spam to drive visitors to your site hosted on or through Second Hand Spain system, whether or not the message were originated by you, under your direction of a related or unrelated third party.

Banned Items

Alcohol (which requires you to obtain an export licence or licence of any kind), Child Pornography, counterfeit currency or credit cards, explosives, firearms and ammunition, fireworks, human parts or remains, illegal drugs, intellectual property rights, licenses, passports, identity cards, lottery tickets, mailing lists, offensive material, prescription drugs, sports tickets, tobacco, weapons.

Second Hand Spain is only a Venue

Our site acts as the venue for sellers and buyers. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to complete the sale of items they offer. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between secondhandspain.com and any user of the service.

Licence

You give us a non-exclusive, worldwide, royalty-free, irrevocable, right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings. For the purpose of this Agreement, “User Data” shall mean all information (if any) submitted by you, the “user”, to secondhandspain.com with the exception of credit card numbers, bank account numbers, etc.

Limitations of Liability

You expressly agree that the use of secondhandspain.com website is entirely at the user’s sole risk and that the service is provided on an “as is” and an “as available” basis. Furthermore, the user acknowledges that the Administrators of the Website may require temporary closure of the Website, from time to time, in order to effect any necessary repairs or upgrades. You agree not to make any unauthorized commercial use of the service without express written consent of secondhandspain.com. Second Hand Spain makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or entirely error free. We do not make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any infomation provided by sellers or buyers and obtained through the service. We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused, whether arising out of any negligence or breach of this Agreement or otherwise, even if that loss or damage was forseeable by, or the possibility of it was brought to the attention of secondhandspain.com. We reserve the right to provide counterparties with information pertaining to a complaint or statement, written or oral, made against them by you or a third-party acting with or without your consent. Because we do not and cannot be involved in user to user dealings, in the event that you have a dispute with one or more users, you release secondhandspain.com and our agents and employeed from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. User agrees that secondhandspain.com shall not be responsible or liable to user, or anyone for the statements or conduct of any third party on the service. No advice or information, whether oral or written, obtained by the user from secondhandspain.com or through or from the service shall create any warranty not expressly state herein. You must reimburse us for any loss, cost or expense which we suffer if someone else makes a claim against us as consequence of the use of the service by you or by someone else from you computer. Secondhandspain.com shall not be responsible for any items sold, for any damage to items during transit or during the inspection period, not for misrepresentations and or breaches of contract by either buyer and or seller. Secondhandspain.com shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained. Secondhandspain.com assumes no liability for the content of the listings. The seller shall reimburse secondhandspain.com for all the losses secondhandspain.com may suffer as a result of the listing unless that loss is due to secondhandspain.com’s act or omission. We have no liability, whatsoever, for the failures, faults or omissions on the part of your telecommunication service provider or the failure or fault of their equipment or services.

Fees

All transactions, placements, sales, subscriptions, etc are subject to our standard scale of fees. Please familiarise yourself with these fees before progressing with your advertisement. Secondhandspain.com cannot be held responsible for any advertisements which have been erroneously placed. The seller agrees to pay secondhandspain.com the agreed fee.

Postage and Packaging Costs

Should there be any postage or packaging costs, relating to the sale or purchase of any item on secondhandspain.com, such costs are, without exception, the responsibility of the seller or buyer, as agreed by prior consent, between seller and buyer. Secondhandspain.com neither accepts or infers any liability in the cost of postage or packaging.

Modification to the service

We reserve the right to modify or discontinue the service if there is a change in the law or our operational requirements. We will not be liable to you for any loss you may suffer if we have to modify or cease the service for reasons beyond our control if we give you at least 30 days notice. In certain exceptional circumstances beyond our control we may have to change or discontinue the service without giving you this amount of notice. If this is the case we will give you as much notice as we can. We reserve the right to change the contents of this User Agreement at any time and it is the responsibility of the User to check for changes to the agreement from time to time. If you do not wish to agree to our operating rules and policies you should not continue to use the service.

All rights reserved.

OFFICIAL DISCLAIMER

No submitted information shall be rented, sold, or given away to any third party businesses or individuals by the copyright owner. When placing an ad online or submitting an entry to one of our contests, we will never willfully disclose any information about our visitors without first receiving the visitor's permission.

However, since each ad is publicly viewed, there is no convenient solution to ceasing malicious individuals and "spammers" from using the information in your ad(s) in a manner that you may not agree with.

Companies which have placed advertising on this site may also collect information about you when you view or click on their graphical ads or text links. We do not have control over the collection of that information. You should contact those advertisers directly if you have any questions concerning your privacy and their advertising.

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