I. General provisions


1.     Welcome to buy and sell in Spain

1.1. The website and service www.buyandsellinspain.com (“Website”) is offered to you by Jamey De Neve, a private company incorporated under Spanish law, with offices at Calle Pablo Picasso 25, 03184 Torrevieja, Alicante, Spain, and VAT number ESX5597366V
1.2. These terms of use (the “Terms of Use”) apply to all use and functioning of the Website, the placing of advertisements (“Classifieds”), to the services offered by “buy and sell in Spain” in connection therewith and to all agreements concluded in that regard with “buy and sell in Spain” are closed. A user of the Website or other services in that context is hereinafter referred to as “User”.

2.    Additional Terms

2.1. Special Terms of Use apply to, among others, the categories “Paid Classifieds” and “Professionals vendors”, and where indicated on the Website (the “Special Terms of Use”).
2.2. Special Terms of Use take precedence over the corresponding provisions of the Terms of Use, which remain applicable in addition.

3.    Protection of your Privacy

3.1. Our Privacy Statement explains how we process your personal data in the context of our services, what measures we take to protect your privacy when you use our Website, and what your rights as a data subject are in that regard.
3.2. For other behavioral guidelines, please refer to the Frequently Asked Questions.

4.    Minors

4.1. The services of “buy and sell in Spain”, such as the Website, are only accessible to Users who can conclude legally binding agreements. Without prejudice to the foregoing, the Website is only accessible to minor Users if they have received permission from their legal representative or if it concerns a legal act for which it is customary in society for a specific minor of this age to perform the act in question independently.

5.    Unauthorized use of the Website and Application

5.1. The content of the Website may not be copied, reproduced and/or made public by the User, except for RSS feeds for personal use and/or news items up to a maximum number of 100 Classifieds or 100 hyperlinks to Classifieds. This means, for example, use in personal web blogs or other personal websites. The User is not permitted to change the content of the Website other than as described in these Terms of Use.
5.2. The User is not permitted to collect personal data from Users who place an Advertisement on the Website (“Advertisers”) (including e-mail addresses and telephone numbers) and/or to approach Advertisers to offer their own products and/or services.
5.3. The database with Classifieds is subject to the database rights of “buy and sell in Spain”. This means, among other things, that the User is not permitted to request and reuse a substantial part of the contents of the Classifieds database and/or to repeatedly and systematically request non-substantial parts of the contents of the Classifieds database. and to be reused within the meaning of the Code of Economic Law (WER), unless the above-mentioned exception for personal use and/or news reports is met. The User is also not permitted to display hyperlinks to Classifieds on another website, unless prior written permission has been obtained from “buy and sell in Spain”, or unless the above-mentioned exception for personal use and/or news items has been met.
5.4. Unless “buy and sell in Spain” has given permission to do so (for example in the case of API partners), it is not permitted to (i) place Classifieds on the Website via an automated system, or in any other way than via the ‘Place Classified’ button and (ii) Place advertisements on behalf of or on behalf of third parties.

6.   Violations and Enforcement

6.1. For your safety and to prevent abuse, e-mail addresses are protected by “buy and sell in Spain”. Your response to an advertisement and any follow-up messages between the buyer and the advertiser will be sent via the “buy and sell in Spain” servers. For more information click here.
6.2. To report illegal and infringing Classifieds, offensive content and other issues, please use the Infringement Report System (VeRO); This way we can work together to ensure that the site remains as clean and safe as possible. You can report complaints about fraud via our Contact Form.
6.3. If we receive instructions and/or complaints from other Users or if we believe for other reasons that a particular User is not acting in accordance with the law and/or the Terms of Use and/or other regulations, we may – if we see reason to do so – For security reasons and to protect our users, we take the following measures, among others. “buy and sell in Spain” can also take these measures if you use the Website in an unreasonable manner, for example if your use hinders other users or disrupts the proper functioning of the Website:
a.    “buy and sell in Spain” may exclude the User in question from the services of “buy and sell in Spain” or limit certain functionalities for this User. This could include, for example, suspension of the account of the User in question, removal of reviews, limited ability to post Classifieds or comments; and/or
b. “buy and sell in Spain” can remove one or more Advertisements from the User without refunding the amount paid by the User; and/or
c. “buy and sell in Spain” may hold or suspend payments intended for a User who has placed an Advertisement as long as this User does not provide certain information that “buy and sell in Spain” needs to comply with applicable laws and regulations.
6.4. For examples of violations of the Terms of Use, click here.
6.5. “buy and sell in Spain” may process the personal data of those involved in the context of the above measures. If there is reason to do so, “buy and sell in Spain” can, within the limits of the law, pass on personal data of those involved, for example to the police. How this works is further described in our Privacy Statement.

7.    “Buy and sell in Spain” don’t give guarantee

7.1. We cannot guarantee that our services will always meet your expectations. We also cannot guarantee that the Website will function error-free and/or that continuous and/or secure access to the Website or parts thereof can be obtained.
7.2. All information and numbers on the Website are subject to spelling or typographical errors.

8.    Limitation of “buy and sell in Spain” Liability

8.1. We exclude, to the extent permitted by law, liability for any damage suffered by a User due to:
a.    use of the services of “buy and sell in Spain”;
b. the website or parts thereof not being available or not being available safely;
c. incorrect information on the Website;
d. purchasing services from third parties or using products purchased through the Website; or
e. changes in the services of “buy and sell in Spain” or changes in or on the Website.
8.2. If we are liable for any reason, our liability is limited to (a) a maximum of the total compensation that the User has paid to “buy and sell in Spain” during the 6 months prior to the act that gave rise to the liability.
8.3. “buy and sell in Spain” is a service provider that provides hosting services in accordance with Article XII. 19, §1 of the Code of Economic Law. This means, among other things, that “buy and sell in Spain” is neither able nor obliged to monitor the legality of the products or services offered in Classifieds or the legal capacity and authority of Users.

9.    Changes to the services and the Website

9.1. “buy and sell in Spain” may change the Website or parts thereof at any time. We can also change or terminate our services at any time. We will endeavor to provide reasonable notice of any such change or termination before it takes effect.

10.    Third Party Websites and Services

10.1. The Website, our services or the application may contain links (for example hyperlinks or banners) to or use the websites and services of third parties that are not owned or controlled by “buy and sell in Spain” (for example Google Maps API).
10.2. “buy and sell in Spain” has no control over, and assumes no liability for, the content, policies, terms of use, or practices of any third party website or service. Where appropriate, you will therefore be subject to the policies and terms of use applicable to these third parties.
10.3. If you use services that incorporate Google services (for example Google Maps API), you agree to be bound by Google’s Terms of Use.
10.4. If the application uses Apple’s iOS operating system, you must comply with the following terms of use and policies:
a.    Apple is not a party to the Terms of Use and the Classifieds Agreement between “buy and sell in Spain” and you. Apple is not responsible for the “buy and sell in Spain” application and its contents;
b. “buy and sell in Spain” only grants you the right to use the “buy and sell in Spain” application on an iOS product that you own or control and as permitted in accordance with the usage rules set forth in the App Store Terms of Use;
c. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application;
d. Apple is not responsible for conducting any investigation, defense, settlement or discharge of any third party intellectual property claim;
e. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: product liability claims; claims regarding the application’s non-conformity with applicable laws or regulations; and consumer protection claims or claims based on similar legislation;
f. If the “buy and sell in Spain” application does not conform to applicable warranties, you may notify Apple. Apple will refund the purchase price for the Application to you, if any, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application;
g. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) as a third party beneficiary thereof to enforce these Terms of Use against you.
10.5. By using the Website or other services of “buy and sell in Spain”, you expressly indemnify “buy and sell in Spain” against any liability arising from your use of any website or service of a third party, to which access is granted via the Website, the service or the application or contained therein. have been processed.
10.6. The User therefore indemnifies “buy and sell in Spain” against claims from third parties with regard to damage suffered by:
a.    Entering into an agreement, or starting negotiations thereon, on the basis of an Advertisement; and
b. the use of products or services offered via the Website.

11.    Complaints procedure


11.1. In case of complaints about the operation of the Website or related services, the User can contact “buy and sell in Spain” via the contact form or by e-mail (customerservice@buyandsellinspain.com). A User can, among other things, submit a complaint about the alleged violation of Regulation (EU) 2019/1150 (as applicable), technical problems and measures or behavior by “buy and sell in Spain” that have significant consequences for the User. Complaints must be communicated to “buy and sell in Spain” by the User within a reasonable period and no later than 2 months after a defect has been identified.
11.2. Complaints must be submitted as completely and clearly described as possible. When submitting your complaint, we ask you to include the word “Complaint” in the field reserved for a description of your question in the contact form or in the title of your email.
11.3. After reporting the complaint, “buy and sell in Spain” will confirm receipt of your complaint and you will be informed within five working days of the period within which you will receive a proposal for solving the problem from us. We will strive to resolve complaints submitted as quickly as possible.

12.    Other provisions

12.1. Oral agreements with “buy and sell in Spain” have no legal force.
12.2. If “buy and sell in Spain” does not immediately enforce one or more provisions of the Terms of Use, no waiver of rights can be inferred from this.
12.3. If one or more provisions of the Terms of Use are void, this will not affect the validity of the other provisions.
12.4. The Terms of Use and the agreement for placing a Classified Ad constitute the entire agreement between “buy and sell in Spain” and you and replace all previous agreements with the same effect. The Terms of Use and the agreements resulting from all “buy and sell in Spain” services and any disputes arising therefrom are governed by and interpreted in accordance with the spanish law.
12.5. “buy and sell in Spain” may change the Terms of Use or parts thereof at any time. “buy and sell in Spain” will endeavor to announce such a change within a reasonable period before it comes into effect. The changes will take effect within a reasonable period after they have been announced, or after you have used the Website and/or the services of “buy and sell in Spain” again after the change, whichever occurs earlier.
12.6. “buy and sell in Spain” is at all times entitled to transfer its rights and obligations under the agreements relating to the services of “buy and sell in Spain” to one of its group companies. Users will be informed about this.
12.7. In the event of a dispute arising from these agreements or from the Terms of Use, only the court in Brussels will have jurisdiction. You can also submit your complaint to the Disputes Committee via the European ODR Platform. If the User acts as a consumer (a natural person who does not act in the exercise of a profession or business), this User further has the option to appeal to the court in Brussels within one month after “buy and sell in Spain” invokes the jurisdiction of the court in Brussels for settlement of the matter. dispute by choosing the competent court according to the law.
12.8. For questions about the use and operation of the Website and our services, Users can contact “buy and sell in Spain” via the contact form or by e-mail (customerservice@buyandsellinspain.com).

13.    Experiences

13.1. Users may be asked to rate an Advertiser with whom they have interacted extensively on a Listing, using ‘Experiences’.
13.2. The given rating consists of a number of stars and a standard text that the User chooses. The rating is publicly visible a few days after it has been given.
13.3. “buy and sell in Spain” has no influence on the reviews via Experiences. It may happen that an assessment does not (completely) correctly reflect the actual situation.
13.4. A review:
a.    must be done truthfully;
b. must relate to the relevant Advertiser;
c. must relate to the Advertisement for which the option to rate is offered;
d. may not be done with the likely intention of harming the Advertiser or otherwise misusing Experiences.

14.    Information Obligations for Advertisers

14.1. All Advertisers must provide their personal (contact) details or company details correctly and ensure that they are correct and up to date.
14.2. If legal (information) obligations apply to the Advertiser or “buy and sell in Spain”, the Advertiser must comply with them. If “buy and sell in Spain” is legally obliged to identify the Advertiser or request additional (company or contact) information, then the Advertiser is obliged to provide the information without delay.
14.3. An Advertiser acting in a commercial or professional capacity for purposes related to his trade, business, craft or profession, in addition to his legal obligations in that regard and any additional conditions (as referred to in Article 2), is also bound by Chapter III of the General Terms of Use (Business Advertising Conditions).

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