TERMS AND CONDITIONS OF THE SERVICE "CORREOS MARKET".
These Terms and Conditions are composed of the following sections:
1. General conditions of Correos Market applicable to customers and sellers
2. Particular conditions of Correos Market applicable to customers
3. Particular conditions of Correos Market applicable to sellers
1. GENERAL CONDITIONS OF CORREOS MARKET APPLICABLE TO CUSTOMERS AND SELLERS
These conditions will apply to the sale of the products made through www.market.correos.es (hereinafter the "Platform" or "Correos Market") and its mobile application, acting the State Company Correos y Telégrafos S.A. S.M.E. (hereinafter, CORREOS) both as a mere intermediary in the name and on behalf of the Sellers of these products, as well as Seller in its own name.
• The natural or legal person who has either registered on the Platform and who, in the development of their commercial activity, publishes, promotes and sells their products through the Platform or authorizes CORREOS to manage the sale of their products on the Platform and in both cases, once the corresponding contract with CORREOS has been signed.
• CORREOS for those products of your property that are sold on the Platform.
Customer (or consumer) means:
• The person who accesses the Platform and proceeds to purchase product/s from the Sellers through it. The Client, if a natural person, must be eighteen (18) years of age or older, and have full capacity to act to enter into binding contracts.
Each product found on the Platform will duly indicate the Seller of the product, as well as who manages the sale. All Sellers who make the products available on the Platform have the status of entrepreneur.
CORREOS will assume its obligations towards the Customer as any other Seller as described in these Terms and Conditions, in relation to the products offered for sale that are its property.
CORREOS launches in Correos Market, a virtual market (MarketPlace) that will allow Customers to access the following types of products:
• Products offered for sale by Sellers other than CORREOS:
o Products offered and managed by the Seller directly on the Platform. In this case, both the Customer and the Seller acknowledge that CORREOS intervenes as a mere intermediary of the sales operations. made directly between Customers and Sellers through Correos Market. Therefore, CORREOS is not the offeror of these Products, but they are offered and sold directly by the Sellers. The Seller is responsible for issuing, at the request of the Customer, the invoice corresponding to the purchases made.
o Products offered by the Seller but managed directly by CORREOS. In those cases in which CORREOS has signed an agreement with the Seller for the commercialization of its products on the Platform, correos managing its stock of products. The Seller is responsible for issuing, at the request of the Customer, the invoice corresponding to the purchases made. Although the Client will make his request directly to CORREOS.
In this regard, CORREOS carries out the supply in its warehouses of the Seller's products, trying to offer the latter to CORREOS the units requested for sale on the Platform and therefore supplying a sufficient stock, according to commercial needs. In these cases CORREOS assumes for the Seller, the costs of preparing orders, as well as shipments and the management of returns generated by customers.
• Products offered for sale by CORREOS:
o Products owned and marketed by CORREOS. CORREOS will be responsible for issuing the invoice corresponding to the sales of its products, at the request of the customer.
The products of the Sellers may be marketed in those countries in which the Platform operates. Currently the online sale is valid and applicable to Spain and Portugal.
Sellers and Customers are responsible for complying with all laws and other regulations applicable to the sale in each country. The above provisions do not affect your customers' legal rights vis-à-vis Sellers.
1.2. RULES OF CONDUCT
In order for the use of the resources offered by the Platform to be compatible with its objectives and, at the same time, to be respectful of the rest of its Clients, and with third parties outside it, it will be necessary to observe the following rules of conduct:
1.2.1 With respect to the contents that the Client incorporates into the Platform and the messages that it sends to the Sellers:
1.2.2 You must ensure that you have the necessary rights and/or permissions to incorporate and share such content within the scope of the Platform. In particular, it will not incorporate content that refers to personal data of other Clients of the Platform or of third parties without the consent of those affected.
1.2.3 You will refrain from incorporating content or directing messages to Sellers or mentioning other Customers of the Platform:
i. That are contrary to the law, morality, good customs, established public order or with illicit purposes, prohibited or that may be harmful to the rights and interests of other Clients of the Platform or third parties.
ii. That, without being included in the previous section, they can be considered as a defamatory, vexatious, or simply inconsiderate treatment for persons or institutions; or in any way can be identified with cases of discrimination against people on the basis of their birth, race, ethnic origin, sex, religion, opinion or any other personal or social circumstance.
iii. That question or question the good name, professionalism and / or social projection of the activities developed by CORREOS. CORREOS will enable the channels to carry out complaints or claims in accordance with the provisions of these Terms and Conditions.
iv. That refer to gambling and betting in virtual environments, pornography, sex-shops and erotic products, erotic telephones, prostitution and / or alternative premises, tarots, clairvoyance, esotericism, manufacture, cultivation and sale and / or the consumption of toxic drugs, narcotics or psychotropic substances.
1.2.4 You will not copy or distribute the contents incorporated by other Clients of the Platform outside the scope of the Platform, except in those cases in which it is expressly allowed to have enabled the "share" or similar functionality.
1.2.5 You will not collect or store personal information from other Customers of the Platform or third parties, nor will you communicate it to third parties. In particular, Customers shall refrain from harassing or disturbing other Customers of the Platform or third parties.
1.2.6 Notify, without undue delay, the presence on the Platform of any information and content that violates the provisions of the Terms and Conditions as soon as they become aware of it through the functionality enabled for this purpose in the platform environment, together with each of the promotions and their comments, or by notifying the Platform Administrator through the following contact form. CORREOS reserves the right to delete or modify any content it deems inappropriate or illegal.
These criteria shall apply, where appropriate, to comments made by Sellers in response to comments made by the Customer.
1.3. INTELLECTUAL AND INDUSTRIAL PROPERTY
CORREOS is the owner or, where appropriate, authorized by the legitimate owner, of all copyrights, trademarks, intellectual property, know-how, and any other rights related to the Platform, as well as the computer programs necessary for its implementation and the information it obtains about it.
The use of the Platform does not grant the Seller or the Customer, any right or license over it, over the computer programs necessary for the provision of the services or over the technical information for monitoring the services.
The Seller and Customer are obliged to observe and respect the contractual and technical limitations related to the use of the Platform.
The Seller and the Customer acknowledge the ownership and copyright of CORREOS with respect to the Platform and related programs.
The inclusion, by the Client and Seller, of links to any site external to the Platform is strictly prohibited.
In the event that links or hyperlinks to other Internet sites are available, CORREOS will not exercise, in any case, any type of control over said sites and contents. In no case will CORREOS assume any responsibility for the contents of any link belonging to a third party Platform site, nor will it guarantee the technical availability, quality, reliability, accuracy, amplitude, veracity, validity and constitutionality of any material or information contained in any of said hyperlinks or other Internet sites. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.
This may result in the closure of the Customer or Seller account in accordance with these terms and conditions.
1.5. BREACH OF THE TERMS AND CONDITIONS
CORREOS may adopt the rules and security measures that it deems appropriate at any time to ensure that access and participation by Customers and Sellers of the Platform are developed in accordance with these Terms and Conditions and subject to the provisions of the applicable current regulations.
At any time, CORREOS may request from the Customer or the Seller the information it deems necessary to verify compliance with any of these conditions. Without the need to comply with or carry out any procedure or prior communication, the Administrator of the Platform may, at any time:
i. Temporarily block or permanently withdraw the information and content that you have incorporated into the Platform when you have the suspicion or certainty that they may violate the provisions of the general conditions and / or the applicable legal regulations.
ii. Restrict or suspend the participation in the Platform of any Client or Seller, including definitively expelling him in case of breach of any of the general conditions and / or in the applicable legal regulations.
1.6 CLASSIFICATION OF PRODUCTS IN CORREOS MARKET
By default, Correos Market Products can initially be classified by categories (by product category: fashion, crafts, home, health and beauty, food, beverages, technology, Correos) with the aim of offering users the different products grouped together to facilitate the navigation on the site and that they can find the products they are looking for.
The products of Sellers whose products are managed by CORREOS as the products owned by CORREOS will be located in the product category called "CORREOS" and additionally, in the category that corresponds to their type of product if applicable.
The location of these products in the category "CORREOS" is made to offer the Customers of the platform a simple way to find those most demanded products owned by CORREOS, as well as products of other Sellers that CORREOS considers that the characteristics and nature of its products are part of the commercial strategy determined at all times by CORREOS. In these cases CORREOS formalizes a specific commercial commission agreement with the Seller, assuming CORREOS the commitments of storage and management of picking, packing, shipping to end customers and the marketing and dissemination of these products in their commercial channels (online channel and / or POST offices). CORREOS reserves the right to extend or reduce this category depending on your needs or future agreements.
In the same way, the Sellers themselves will be classified, taking into account the evaluations of the Customers, placing in first positions the Products / Sellers best valued by them (these Customers may also leave reviews, once verified by CORREOS that the client actually acquired the product). Although Customers may select other classification criteria such as alphabetical order, date of entry into the platform or price (in the case of Products). They will also have a search engine per word that will allow them to show the results of products that contain the word searched for in their title or in their description.
The evaluation or qualification is made following evaluation criteria and by assignment of star(s) by the Clients being able to score from 0 to 5 stars. In the same way, they will be able to leave opinions. Both will be visible on the platform. In this regard, CORREOS does not ensure any control of the valuation made by the Clients; it only stores it on the Platform. However, you may have to remove without prior notice, any assessment whose content has been indicated as illegal or does not conform to morality, custom or public order in accordance with what is indicated in these Terms and Conditions. The evaluations carried out by the Client, and in case you check the option "show my data", your identifying data (name and a surname), will be visible to any visitor to the Platform.
The main page will also show the most recently published products (in order to inform the Customer of the new developments incorporated in the Platform) along with the best valued.
Customers will also have the power to filter products by Seller, where reflect all Products that such Seller has on the Platform.
Temporarily collections of products will be made by CORREOS, also informing them in the Backoffice of the Seller to adhere to them with the products it deems appropriate, as long as they meet the criteria that have been previously established for the generation of the collection by CORREOS, which will ultimately give the go-ahead to the products selected according to said criteria. These collections will be available on the main page or in other sections of the site, under the same descriptive title of the products that include a banner or clickable image through which the grouping of products or collection can be accessed. An example of this could be the collection of promotional products on the occasion of Black Friday, with which this process is carried out and the Sellers are informed of the way to participate, generating a grouping of visible products that is shown by clicking on a promotional banner designed for the case.
Correos reserves the right to create collections or groupings of products at its discretion to streamline the contents of the website. An example of this are the product groupings created on special dates such as Mother's Day, Father's Day or any other reason that allows the contents of the website to be energized.
Access to information about the data of the Sellers can be consulted in the Sellers section, where they can show their commercial identity.
1.7.1- Responsibility of CORREOS.
CORREOS will not be responsible in any case for:
• Failure to comply with any applicable rules that the Client or the Seller may incur in their access to the Platform and / or use of the information contained therein. Nor is it responsible for the illegitimate use that third parties may make of the brand names, product names, registered trademarks or not that, not being the property of CORREOS, appear on the Platform.
• The information offered on the Platform about the Sellers since this information is provided by them.
• The acts and omissions of third party service providers, regardless of whether said third parties have a contractual relationship with CORREOS.
• Service interruptions due to errors caused by access providers or by transitory Internet conditions, or by problems derived from the computer system, connection or navigation software, telephone network, ADSL, cable, satellite and any other transport or communications infrastructure.
• Alterations that occur due to voluntary and / or involuntary interference and / or misuse of the same and / or programs, for example, viruses, server crashes, deletion of files, damage to the database, fires, explosions, floods, violent actions of third parties, electrical problems (excess or lack of power), or any others that affect or may affect the operation of the server equipment and / or the information stored in them.
• The failure of the client's or Seller's server derived from excessive or erroneous use of the resources of the same or the resources assigned to it, external attacks, hardware or software failures and the like.
• Failures caused by the malfunction of the server, the email addresses of the Seller or Client, and the lack of communication to CORREOS of the changes of electronic addresses, disinformation due to negligence outside CORREOS.
• Circumstances beyond the control of CORREOS, including, without limitation, those motivated by force majeure such as the accidental loss of information for any reason beyond correos' control, the deterioration of the terminal equipment of the Client or Seller due to misuse and responsibility of these, as well as errors or defects in the configuration of the client or similar.
• Damages of any kind that may be suffered by the Seller, the Client or third parties, which are caused by failures, or disconnections in the telecommunications networks, and / or for reasons attributable to third party service providers.
• Products outside CORREOS, added on the platform or possible incidents, declining responsibility in the Seller.
• Delay or failure to comply if it is attributable to circumstances beyond our reasonable control. This provision does not affect the Customer's right to receive the Product within the estimated reasonable period of time or to receive a timely refund in the event that the Seller is unable to supply the Order in the time set for any reason beyond our reasonable control, although the responsibility in these cases shall be exclusive to the Seller.
• CORREOS does not assume responsibility of any kind for the offers, actions, products and contents of the Sellers; except for those products owned by CORREOS.
1.7.2 Promotion, marketing and sale.
CORREOS is not responsible either directly or indirectly for any of the information, contents, statements and expressions contained in the products marketed by the Seller; except for products owned by CORREOS.
The Client and the Seller undertake to make use of the utilities and / or services offered by CORREOS through the Platform in accordance with the law, Legal Notice, the Terms and Conditions and the particular conditions published for certain services and other notices and instructions made known to them, as well as with morality and generally accepted good customs and public order.
Each one will be liable for damages caused to CORREOS, other Sellers, Customers of the Platform or any other third parties for breach of any of the Terms and Conditions. In particular, it will be responsible for the information and contents that, where appropriate, it incorporates into the Platform.
Customers and Sellers will hold harmless CORREOS, its directors, administrators, representatives and employees, for any claim or demand of third parties for the breach of the Terms and Conditions and other policies that are understood to be incorporated herein or for the violation of any laws or rights of third parties.
Customers and Sellers undertake not to reproduce, copy, distribute, perform acts of public communication, transform or modify the contents of the Platform, including trademarks, trade names or distinctive signs, unless you have the authorization of the owner of the rights, or to delete manipulate or in any way alter the "copyright" and other data identifying the reservation of rights.
They must refrain from obtaining or attempting to obtain the contents using mechanisms other than those that, where appropriate, have been made available to them or, in general, those that are usually used on the Internet provided that, the latter, do not entail a risk of damage or disablement of the platform and / or its contents.
The responsibility in determining the contents and services accessed by minors corresponds to the persons in whose charge they are. As through the Internet it is possible to access content that may be inappropriate for minors, Customers are informed of the existence of computer programs that allow limiting or controlling the contents that can be accessed by minors.
1.8 PARTIAL NULLITY. RESIGNATION
If any clause included in these terms and conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only that provision or the part of it that is null or ineffective, subsisting the terms and conditions in everything else, having such provision, or the part of it that is affected, by not put.
CORREOS may not exercise any of the rights and powers conferred in this document, which does not imply in any case the waiver thereof, unless expressly acknowledged in writing by CORREOS. The omission by CORREOS to demand strict compliance with any contractual term on one or more occasions will not deprive you of the right to demand strict compliance with the contractual obligation(s) a posteriori. The language of formalization of any contractual relationship will be Spanish.
1.9 DATA PROTECTION
1.9.1 Data protection for Sellers
In compliance with the applicable regulations on the protection of character data personal, we inform you that personal data will be processed by the State Company Correos y Telégrafos S.A S.M.E (hereinafter, "CORREOS") with NIF A-83052407 and registered office at Calle del Conde de Peñalver nº 19 (C.P. 28006) Madrid (Spain) to comply with the legal relationship formalized through acceptance or where appropriate through the signing of these General Conditions, as well as the commercial collaboration contract signed with Correos to which these General Conditions apply.
Interested parties may exercise their rights of access, rectification, opposition, deletion, limitation to processing and portability, by means of communication, accompanying a copy of the National Identity Document or equivalent document, in addition to any other documentation it deems appropriate to the following address:
a) Postal Address: calle del Conde de Peñalver, 19, 28006 Madrid
b) Email: firstname.lastname@example.org
They may also contact the data protection officer at: email@example.com
1.9.2 Data protection for Customers
In compliance with the applicable regulations on the protection of personal data, we inform you that the Personal Data of the Client will be treated by the State Company Correos y Telégrafos S.A S.M.E (hereinafter, "Correos") with NIF A-83052407 and registered office at Calle del Conde de Peñalver nº 19 (C.P. 28006) Madrid (Spain) in accordance with the provisions of the Data Protection Policy.
These general conditions are governed by Spanish law. For any litigation that may arise related to the Platform, the Courts of Madrid capital will be competent, expressly renouncing the user to any other jurisdiction that may correspond to him, except for the competent jurisdiction in the case of consumers.
2. Particular conditions of Correos Market applicable to customers
3. Particular conditions of Correos Market applicable to sellers