Update: March 9, 2021
General Terms and Conditions of Service "Correos Market":
These conditions will apply to the sale of the products made through www.market.correos.es (hereinafter the "Platform" or "Correos Market"), acting the Sociedad Estatal Correos y Telegrafos S.A. S.M.E. (hereinafter, Correos) as mere intermediary on behalf of and on behalf of the Sellers of these products.
Seller means the natural or legal person registered on the Platform, who in the development of a commercial activity, publishes, promotes and sells its products through the Correos Market Platform, once the contract for the provision of postal and telegraph services with Correos has been signed.
Customer (or consumer) means the person accessing the Platform and proceeds to the purchase of product/s from Sellers through it. The Customer, if a natural person, must be eighteen (18) years of age or older, and have full capacity to act to enter into binding contracts.
1.- OBJECT AND GENERALITIES
Correos launches on the Postal Market Platform a virtual market (MarketPlace) that will allow Customers to contact through their intermediation with Professional Sellers, also registered on the Platform in order to purchase the Products they propose, with a closed price.
The use of this Platform implies full acceptance by the Seller and the Customer, before making payment for the purchase of any product, of all the General Conditions of the Platform each time it is accessed, so if they do not agree to any of the conditions set forth herein, this Platform should not be used.
Correos reserves the right to modify at any time these General Conditions and any other general or particular conditions, regulations, instructions or notices that may apply. In addition, Correos reserves the right to suspend, discontinue or stop trading on the Platform at any time.
Any modification will be made upon notice of at least 15 days (which may be greater if the new conditions require the seller to make technical or commercial adaptations).
Drafting changes shall not be understood as a change to the extent that they do not alter the content and meaning of the conditions.
Both the Customer and the Seller shall have the power to terminate the relationship within 15 days of notification of modifications to the Terms, unless it waives such period unequivocally, thus being understood in the case of the Seller, by way of example, where it proceeds to the inclusion of offer of new products on the Platform (no waiver shall be understood where the notification period is more than fifteen days , because changes to the general conditions require the seller to make significant technical adjustments or in cases and to the extent that the modification needs to be applied without regard to the notification period for a legal or regulatory obligation).
Mail acts on behalf of and on behalf of The Bidder Sellers. Both the Customer and the Seller acknowledge that Correos only intervenes as an intermediary in the improvement of sales operations carried out directly between Customers and Sellers through Correos Market. Therefore, Correos is not the bidder or the Customer or Seller of the Products offered on the Platform, but they are offered and sold directly by the Sellers. The Seller is responsible for issuing, at the Customer's request, the invoice corresponding to the purchases made.
1.1. Description of the Service
The service is a set of tools that allow Customers to purchase on the Platform and purchase products from different Sellers.
The Customer may purchase any product that is offered for sale on this Platform as long as it is available and in stock.
In order to make a purchase of Products on the Platform, the Customer has several options:
- Unregistered Customer: The customer may make the purchase of products without registering on the Platform through the form and acting as an "Unregistered Customer".
- Registered Customer: The customer will be able to make the purchase of products by registering on the Platform through the registration form provided.
The customer will have the option to register both at the end of the purchase tunnel and at any time, without making a purchase.
The access key(s) to the Platform are strictly confidential. The Customer will be responsible for the custody of the access key(s) and undertakes to take the necessary measures to prevent the unauthorized knowledge or use of them. The Customer undertakes to exempt Correos from any liability that was required of him/her for unauthorized or fraudulent use of the access key(s), where such circumstance has occurred for breach of the obligations of custody and security of the aforementioned key(s) by the Customer.
The Customer expressly agrees to legally equate the use of the key(s) of access to the Platform to his/her signature, so that the transactions carried out will be considered, in any case, valid and will be understood to have been carried out by the Client, producing full legal effects.
In any case, the Customer confirms that the data he/she incorporates into the system to complete the process of contracting the Service are truthful and up-to-date.
Likewise, Correos will make it easier for the Seller to access a private management area or backoffice from which you can manage the orders associated with the sales of your products made on the Platform.
1.2. Order Processing
The Products will be presented and made available to the Customer on the Platform with a description informing the Customer of the essential characteristics of the product and its price. Both the description and price indicated will be set by sellers under their sole responsibility.
The products that the Customers wish to purchase must be selected and added to the shopping cart, by clicking on the corresponding icon.
In the shopping cart you can add units of the selected item or items.
Once the products to be purchased have been decided, the customer will move on to the next step to purchase them, either as an unregistered Customer or as a Registered Customer (see point 1.1).
Prior to the inclusion of your personal data, you must have read and accepted the clause relating to personal data and the conditions of sale by checking a box established for this purpose.
The personal data that will be incorporated into our database will then be requested in order to be able to process the order and facilitate the delivery of the purchase. Personal data must be accurately indicated to avoid confusion or incidents in the shipment of the purchased item(s).
Once the order form has been completed, the acceptance box for terms of sale and data protection policy must be checked, and the order must be confirmed by clicking "confirm and pay order".
For credit or debit card payments, the charge will be made online, i.e. in real time, through the payment gateway of the corresponding financial institution, once it has been verified that the data communicated is correct. Upon confirmation of the transaction, an e-mail message (indicated above by the Customer) will be sent within 24 hours, informing you of the availability or not of the product(s) requested and thus confirm the order placed, which will be charged to the Customer according to the payment method agreed at the time of purchase. If the order is confirmed, a description of the order and the order number that guarantees that the purchase has been made correctly will be reported in the email. Failure to receive this message may be due to a transient network communications issue or a typing error in the communicated email address. In both cases, it is advisable for the customer to contact email@example.com.
In the event that the Customer is Registered, the order will be stored in his/her Private Area, where he/she can access it with his/her access key. If the Customer is not registered, with the email indicated in the purchase of the product(s) the order number and tracking of their shipments will be sent to you to have them located.
Correos will inform the Seller of the part of the order that concerns it, since the Platform allows the purchase of products from several Sellers in the same order.
In case of rejection of the order by the Seller, the Seller is solely responsible.
The Seller undertakes that the stock of products made available to the Customer on the Platform is up to date.
Products purchased by the Customer will be shipped by the Seller using the shipping label that will process through its private management area.
Customers may also place orders from different Sellers which will be grouped into a single shopping cart receiving status information from the different shipments associated with that purchase.
1.3. Seller Evaluation
Correos makes available to Customers, means that allow them to evaluate the Sellers and the Products published by them after confirmation of receipt of the products ordered.
By default the Postal Products Market (by category of Products: fashion, crafts, home...) as well as the Sellers themselves will be classified, taking into account the valuations of the buyers, placing in the first positions the Products / Sellers top rated. While customers may select other classification criteria such as alphabetical order, platform entry date or price (for Products).
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 rated ones.
Customers shall have the right to filter products by Seller, where all Products available to that Seller on the Platform will be reflected.
Product collections will be temporarily made, informing them in the Seller's Back Office to adhere to them with the products it deems appropriate. The rating or rating is carried out according to evaluation criteria and by star assignment(s) by the Clients being able to score from 0 to 5 stars. Similarly, 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 carried out by the Clients; just stores it on the Platform. However, you may have to remove without prior notice any assessment whose content has been designated to you as unlawful or does not fit morality, custom or public order in accordance with the provisions of paragraph 2 of these conditions. The evaluations carried out by the Customer, and in case you check the option "show my data", your identifying data, will be visible to any visitor of the Platform.
Access to information about Sellers' data can be found in the sellers section, where they can show their business identity.
1.4. Prices and means of payment
1.4.1. Product prices will be displayed with VAT included. Prior to the beginning of the order purchase procedure, the final price of the complete order, including taxes, increases or discounts that apply to your offer and any additional costs that may be passed on to you, will be indicated.
For each of the purchases made to each seller for less than 20 euros, the shipping costs will be 2.99 euros if shipping is used with Paq Standard and 3.99 euros if shipping with Paq Premium or express shipping is selected. Shipping costs are free from 20 euros.
The placing of the order by completing the purchase form implies compliance with the offered price and the conditions of sale in force at this particular time. Once the order has been placed, the purchase will be deemed to be perfected in full, with all the legal guarantees that cover the acquiring consumer, and from that moment the prices and conditions will be contractual in nature, and cannot be modified without the express agreement of Customer and Seller.
1.4.2. Customers will purchase the Products on the Platform by paying by debit or credit cards and PayPal.
1.4.3. Please note that delays in the payment and transaction process may sometimes occur; which can result in delays of up to sixty (60) business days in the collection of your bank account or the charge on your credit or debit card. The charge that the Customer will see on his/her card statement will appear in the name of Correos.
1.4.4. The customer may request an invoice from Correos, in addition to directly to the Seller, by making it through firstname.lastname@example.org where Correos will process such request with the Seller for the purpose of seeking the issuance of such invoice by the Seller.
1.4.5. In case of non-execution of the Order by the Seller because the Contracted Product is not available, the Customer must be informed of this unavailability and must be able to recover without undue delay the sums paid under it. The amount to be recovered will be the amount of the product that is not available on the Platform. In the event that the Customer places a multiple order (several products) only the amount of the out-of-stock product will be refunded to him.
1.4.6. Due to the usual banking practices, once you have placed an order by credit or debit card and the payment has been authorized, the card issuer owned by the Customer will retain the full amount of the Order. If the Order is subsequently rejected by seller or cancelled for any other reason, the card issuer will not make the transfer for payment of the Order, and will instead release the corresponding amount back into the cardholder's account. This can last between 3 and 5 business days (or more, depending on your card issuer). The Customer agrees that neither Correos nor the relevant Seller are responsible for a possible delay by the issuing entity of the card owned by the Customer in releasing the amount of his/her account.
1.5. Customer Service
1.5.1. Postal Customer Service will attempt to resolve any problems the Customer may have with his Order. The Customer may contact Customer Service by writing by email to the address: email@example.com or through the contact form provided by Correos through its website www.correos.es.
So if you have any problems with it, you can contact our Customer Service as described in the previous paragraph and one of our Customer Service Advisors will attempt to contact Seller in order to track your request.
1.5.2 The Customer who is not satisfied with the quality of the products sold by a Seller, may make his claim in the terms set out in the section of conditions for the sale of products.
Orders will be shipped in Premium mode, with paq Premium Postal service, with the Standard Paq service for responsible shipments or through Express Mail services if the option exists.
Correos acts in accordance with the law of the universal postal service, the rights of users and the postal market, and its implementing rules, and other rules that apply. The conditions for the provision of services within the scope of the universal postal service are those legally and generally established and collected at the regulatory level in the government-approved universal postal service delivery plan with the defined frequency, quality and territorial scope of delivery.
The Customer can choose whether to receive it at home, at a post office or at a CityPaq. Certain products may have characteristics that make it not possible to deliver them in all modalities; in that case it will be specified on the product card itself.
The shipping service will be provided throughout the mainland and in the Balearic Islands, Monday to Friday, excluding national holidays.
The maximum times for the first delivery or making available to the recipient at the Post Office for a standard shipment are between 24 and 48 working hours, depending on the destination point for the Paq Premium and 48 and 72 hours for the Standard Paq depending on the origin and destination.
For the purposes of the calculation of the delivery time, they will not be counted on Saturdays.
In the method of delivery at home, the shipments will be delivered to the Address of the Recipient provided by the Customer, although not necessarily to the Personally Designated Recipient. The Customer will be responsible for the data provided by the recipients, confirming their veracity and authenticity.
In cases where due to the weight, volume of the package or characteristics of the property where the delivery is to be made, it could not be made, it will be made at street door or at the Post Office that has in destination, after agreement with the Recipient.
Correos reserves the right to modify the agreed times for deliveries or pickups, depending on your own organizational needs.
Delivery will be made at the address indicated, under signature:
- If delivery is requested at Home: it will be delivered to the Customer's address, upon notice via SMS and/or email. This service has two delivery attempts associated with it, and in case it cannot be delivered, it will remain at the Post Office at your disposal for 15 calendar days.
- If delivery is requested at Office: It will be delivered to the Postal Office designated by the customer. In this case, the customer will be notified of their arrival at the Office by SMS and/or email. The package will remain at the Post Office for 15 calendar days.
- The obligation to communicate by SMS and / or email that assumes Correos, will take effect from 9:00 hours and 21:00 from Monday to Friday and from 9:00 to 14:00 on Saturdays.
- The Customer expressly acknowledges that the sending by SMS and/or email Emails within the agreed parameters (time and days) does not guarantee that such communications will be received by the recipients within the indicated parameters, so in no case may the post any non-receipt be attributed to Correos.
- The Customer expressly states, and guarantees to Correos, that the data of the mobile number and / or the email has been provided to him by the recipient, and that he has his unequivocal consent to use said data for SMS communications and / or email giving news about the arrival of his sending.
- It also expressly represents and guarantees the customer, that the recipient knows and assumes the possibility that the communication by SMS and / or email may reach you outside the agreed times and days, for reasons outside the Post Office. The Customer shall exempt Correos from any liability arising directly or indirectly from the time of receipt by the recipient of the SMS and/or email that Correos sends in compliance with the obligations assumed with the customer for this purpose.
- The Customer will have information about the status of their shipments through Correos Online (es), automatic return information of files and their partner in the Commercial Services. You can also make inquiries on the phone 915 197 197. This information will consist of the detail of the date and time of the shipment status: admitted, attempted delivery, delivered and returned, indicating if applicable, the causes of return or non-delivery and the measures taken. Delivery information will be provided the day after the event occurs for major destinations and, with an additional day for shipments to locations with less than 10,000 inhabitants.
If the shipment of the order has been managed through Correos Express the conditions will conform to those set out in the following link: https://www.correosexpress.com/web/correosexpress/terminosycondicionesdetransporte
2.- RULES OF CONDUCT
In order for the use of the resources offered by the Platform to be compatible with the objectives of the Platform and, at the same time, respectful of the rest of its Customers, and with third parties outside the Same, the following rules of conduct must be observed:
2.1 With respect to the contents that the Customer incorporates into the Platform and the messages it sends to Sellers:
2.1.1 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 Customers of the Platform or third parties without the consent of those affected.
2.1.2 You will refrain from incorporating content or directing messages to Sellers or referred to other Customers of the Platform:
(i) That they are contrary to the law, morality, good customs, established public order or for 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 falling within the previous paragraph, they may be regarded as defamatory, vexing, or simply inconsiderate treatment for persons or institutions; or in some way can be identified with cases of discrimination against people on the basis of their birth, race, ethnicity, sex, religion, opinion or any other personal or social circumstance.
(iii) Question or question the good name, professionalism and/or social projection of the activities carried out by Correos. In particular, the Platform may not be used to channel complaints or complaints related to the products and services marketed by Correos.
(iv) Allude to gambling and betting in virtual environments, pornography, sex-shops and erotic products, erotic phones, prostitution and/or alternative premises, tarots, vidence, esoterianism, manufacturing, cultivation and sale and/or use of toxic drugs, narcotics or psychotropic substances.
2.1.3 You will not copy, distribute the content incorporated by other Platform Clients outside the scope of the Platform, except where it is expressly permitted when "share" or similar functionality has been enabled.
2.1.4 You will not collect or store personal information from other Platform Customers or third parties, nor will you communicate it to third parties. In particular, Customers shall refrain from harassing or disturbing other Platform Customers or third parties.
2.1.5. Notify, without undue delay, the presence on the Platform of any information and content that violates the provisions of the general conditions since they become aware of this through the functionality enabled for this purpose in the environment of the Platform, together with each of the promotions and their comments, or notifying the Platform Administrator via email firstname.lastname@example.org. 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.
- INTELLECTUAL AND INDUSTRIAL PROPERTY
Correos is the owner or, where applicable, authorized by the rightful 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 that it obtains about it.
The use of the products and services offered by Correos does not grant the Seller or the Customer any right or license thereof, on the software necessary for the provision of the services or on the technical information of monitoring the services.
Seller is obliged to observe and respect contractual and technical limitations related to the use of the Platform.
Seller and Customer acknowledge the ownership and copyright of Post Office with respect to the Platform and related programs.
Seller authorizes and grants to Correos free of charge, and for the duration of the Agreement, a non-exclusive, non-transferable license to use trademarks, logos, trade names, domain names and distinctive signs solely and exclusively for use by The Post Office for the promotion of products on the Platform.
Seller warrants that it has the rights, licenses, permits and authorizations of the owners of intellectual and industrial property rights that affect the products offered by it, and assumes that it will be your sole account to pay any other intellectual property rights and to pay the rights and indemnities for such concepts.
Seller will hold Correos from liability to third parties for actions or claims a may come from intellectual property right holders for the products it offers on the Platform
Seller may not make use of the name, logo or any distinctive sign or material provided to it by Correos for the fulfillment of the obligations arising from this Agreement outside the circumstances and purposes thereof, or after the end of the term of this Agreement.
4 DATA PROTECTION
CORREOS will process your personal data in order to process your registration as a user and manage your orders, evaluate the quality of the services offered and the sending of commercial communications that may be of interest to you.
The basis of such processing is: the execution of a contract in the case of registration and processing of the order; consent in the event of the referral of commercial communications and publication of your quality assessment of the products purchased on the Platform and the legitimate interest in conducting satisfaction surveys regarding your products and services, and sending offers and promotions from Correos Market or other products or services similar to Correos Market.
We remind you that you can exercise the rights of access, deletion, rectification, limitation, opposition and portability as explained in the additional information that you can consult in the following link https://www.market.correos.es/politica-de-proteccion-de-datos
The inclusion by the Customer and Seller of links to any site outside the Postal Platform is strictly prohibited.
In the event of links or hyperlinks to other Internet sites, Correos will not exercise, in any case, any control over such sites and content. In no case will Correos assume any responsibility for the contents of any link belonging to a third party Platform site, nor guarantee the technical availability, quality, reliability, accuracy, breadth, veracity, validity and constitutionality of any material or information contained in any such 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 as set out in these General Conditions.
6.- NON-COMPLIANCE WITH THE GENERAL CONDITIONS
6.1 Correos may adopt the rules and security measures that it deems appropriate at any time to ensure that access and participation by the Clients of the Platform are developed in accordance with these General Conditions and subject to the provisions of the applicable current regulations.
At any time, Correos may require the Customer the information it deems necessary to verify compliance with any of these conditions. Without the need to comply with or carry out any prior formalities or communications, the Platform Administrator may, at any time:
(i) Temporarily block or permanently remove the information and content 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 participation in any Customer's Platform, including expeling it definitively in case of breach of any of the general conditions and/or applicable legal regulations.
In the case of Sellers, Correos will communicate reasonedly the decision to restrict or suspend the provision of its services related to the specific goods or services offered by said Seller. Emails in the event that you terminate the provision of all its services to a Seller, will notify you reasonedly at least thirty days in advance of the decision, unless the affected person has repeatedly violated the general conditions, which, in such case, will not apply to the indicated period. The seller may provide clarification of the facts and circumstances in the context of the internal complaint processing procedure set out in point 6.2.
Where the reasoning for the restriction, suspension or termination is based on a legal or regulatory obligation, the period indicated shall not apply. Likewise, it shall not apply where the right of termination is invoked under national law and in accordance with EU law which allow immediate termination in the event that, taking into account all the circumstances of the particular case and weighing the interests of both parties, the continuity of the contractual relationship cannot reasonably be expected until the agreed termination or until the expiry of the notification period (by way of example , illegal or inappropriate content, security of a good or service, counterfeiting, fraud, malware, spam, data security breaches, other cybersecurity risks, etc.)
Correos will pursue the breach of these conditions, as well as any improper use of the Platform by exercising all civil and criminal actions that may correspond to it in law.
6.2 Correos will make available to the Seller the internal system of processing claims, in order to address the claims in relation to the services provided through the Platform.
The Seller who so wishes, may transfer your claim through its back office where you will have an online chat where you can submit your claim
Emails within 15 days will process the claims submitted by the seller and respond based on the principles of transparency and equal treatment applied to equivalent situations, treat the claims in a proportionate manner in relation to their importance and complexity.
- CONDITIONS FOR THE SALE OF PRODUCTS
7.1.- Delivery of the Product
The seller responsible for the sale of the product is at all times the Offering Seller.
The legal relationship corresponding to the purchase and sale of the Products is between the Customer and the Seller to which he/she makes his Order. Correos has no control over the Sellers or the Products they offer, and consequently Correos assumes no liability that may be the responsibility of the Sellers.
(i) Correos is not responsible for or offers any guarantee that the Products or services requested from Sellers through the Platform are of the characteristics or quality expected by the Customer.
It is the Customer's responsibility to verify that the Product received is the one purchased, as well as the good condition of the goods (quality and quantity) at the time of effective delivery. If the Customer detects any incident, he/she must notify the Seller of the Product of the reason for the incident.
CORREOS will send to the Seller in question those notifications of incidents that he receives through the Platform Site within a maximum period of seven calendar days from the effective delivery of the Product.
(ii) Mail does not guarantee that Sellers will accept all orders from Customers, which they may reject for any reason. We ask Sellers to notify Customers immediately of the rejection through the channels that the Platform makes available to them or by transmitting it to Correos by any of the permitted means.
(iii) Sellers' products may be marketed in those countries where the Correos Market platform operates.
(iv) Online sales are valid and applicable to Spain and Portugal
(v) Sellers and buyers are responsible for complying with all laws and other regulations applicable to the sale in each country. (iv) The above provisions do not affect your Customers' legal rights to Sellers.
7.2.- Defective Product Claims
Any claim must be processed by the Customer before the Seller responsible for the sale. Seller is responsible for repairing or replacing defective products. Therefore, if the Customer is not satisfied with the quality of the Products delivered by a Seller and wants a refund, proportional reduction of the price or any other type of compensation, he must contact directly the Seller who sold him the Product trying to reach an agreement. This mediation does not guarantee the refund or compensation of any product, as the final decision is the Seller's.
However, CORREOS may take action against a Seller who does not provide its services correctly.
In the event that the Customer has to return a product, the Customer will bear the cost of sending such return.
In accordance with the provisions of current legislation, the right of withdrawal of Customers shall not apply in certain cases such as by way of example orders relating to: (i) the supply of goods that may deteriorate or expire quickly; (ii) the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
The obligations arising from the regulations regulating the rights of the Customer and consumer are assumed by the Seller.
The Seller must confer on the consumer the right to withdraw from the contract by returning his purchases within 14 calendar days. In case of returning the product without its original packaging, and according to the assumption, the product may be depreciated.
The withdrawal period shall expire 14 calendar days from the day on which the consumer or a third party indicated by him, other than the carrier, received the good.
In the event that in the same order the Customer has purchased multiple goods that have been delivered to him separately, the withdrawal period will expire at 14 calendar days from the day on which the consumer or a third party indicated by him, other than the carrier, received the last of those goods.
In order to exercise the right of withdrawal in respect of products purchased exclusively on the www.market.correos.es platform, the Customer must express to the Seller his unequivocal decision to withdraw from the contract for which he must contact the Seller through his contact details that will appear on the seller's card, who will inform of how to exercise such withdrawal as well as the consequences of the exercise of said right.
In the event that the Seller has not received payment by Correos regarding the purchase of a product on which a Customer claims to exercise his right of withdrawal, and provided that it takes place within the legally established period, the Seller must communicate this fact to Correos to proceed to make the economic return to the Customer.
Disputes are settled directly between customer and Seller.
The Customer and the Seller shall in all means attempt to reach a friendly resolution of the dispute.
Depending on the case, the dispute declared will give rise either to the forwarding of the requested Product or to the refund thereof.
In the event that the Seller and the Customer are an entrepreneur and consumer, respectively, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013, the European Commission provides an out-of-court online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr and through which consumers may submit their claims.
8.1- Responsibility of CORREOS.
Correos shall not be liable in any case for:
- Failure to comply with any applicable rules that the Customer may incur in his/her access to the Platform and/or use of the information contained therein. Nor is it responsible for the unlawful use that third parties may make of brand names, product names, trademarks or not that, not owned by Correos, appear on the Platform.
- The information provided on the Platform about Sellers as this information is provided by them.
- The acts and omissions of third party service providers, regardless of whether such third parties have contractual links with Correos.
- Service interruptions caused by access providers or transient Internet conditions, or by problems arising from the computer system, connection or navigation software, telephone network, ADSL, cable, satellite and any other transport or communications infrastructure.
- Alterations caused by voluntary and/or involuntary interference and/or misuse of the same and/or programs, e.g. viruses, server crashes, deletion of files, database damage, fires, explosions, floods, violent actions of third parties, electrical problems (excess or lack of current), or any other that affect or may affect the operation of the server equipment and/or the information stored therein.
- Client server crashes resulting from excessive or erroneous use of client server resources or resources allocated to the client server, external attacks, hardware or software failures, and the like.
- Failures caused by server malfunction, Seller's email addresses, and failure to communicate to The Post Office for changes in electronic addresses, misinformation due to Seller's negligence.
- Circumstances beyond The Control of Post Offices, including, without limitation, those motivated by force majeure such as accidental loss of information due to any cause beyond the Post Office, impairments of Seller's terminal equipment due to Seller's misuse of liability, as well as errors or defects in customer settings or the like.
- Damages of any kind that Seller or third parties may suffer, which cause failures, or disconnections in telecommunications networks, and/or for reasons attributable to third party service providers.
- The products added on the platform or possible incidents, declining responsibility in the Seller.
- Delay or non-compliance 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 the appropriate refund in the event that Seller is unable to supply the Order within the time established by any reason beyond our reasonable control, although the liability in these cases will be sole to Seller.
- Correos assumes no responsibility of any kind for the offers, actions, products and content of the Sellers.
8.2 Promotion, marketing and sale.
Correos is not responsible directly or indirectly for any information, content, statements and expressions containing the products marketed by the Seller,
The Customer 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 particular conditions published for certain services and other notices and instructions made known to them, as well as with generally accepted morals and good customs and public order.
Each will be liable for any damages caused to Correos, other Sellers, Platform Customers or any other third party for the breach of any of the general conditions. In particular, it will be responding for the information and content that, if applicable, incorporates the Platform.
Customers and Sellers shall hold Correos, its directors, administrators, representatives and employees unscathed for any claim or demand by third parties for breach of the general conditions and other policies that are understood to be incorporated herein or for 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 authorized by the rightholder, or to manipulate or in any way alter the "copyright" and other identifying data of the reservation of rights.
They should 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 commonly used on the Internet provided that, the latter, do not pose a risk of damage or disablement of the platform and / or its contents.
Responsibility for determining the contents and services accessed by minors rests with the persons in charge of them. As it is possible through the Internet to access content that may be inappropriate for minors, Customers are informed of the existence of software that allows to limit or control the contents that minors can access.
8.4 Termination of the relationship.
The causes of termination of the relationship between Correos and the Seller, will be those regulated in the Contract for the provision of postal and telegraph services signed between the parties
Once the relationship is extinguished, Correos will not maintain information provided or generated by Seller on the Platform.
9.-PARTIAL NULLITY. Resignation
If any clause included in these General Conditions is declared, in whole or in part, void or ineffective, such nullity or ineffectiveness will affect only that provision or the part thereof that is null or ineffective, subsisting the general conditions in everything else, having such provision, or the part thereof that is affected, by not putting.
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.
In compliance with Regulation (EU) 2019/1150 and in order to resolve disputes that may arise between Post Office and Seller arising from the provision of the online internment services described in these general conditions and, as well as claims that have not been resolved through the internal processing system, Correos is in a position to cooperate with mediators to reach out-of-court dispute resolution agreements between the parties.
Mediation as a confidential and voluntary dispute resolution process shall not entail an obligation, and the parties must in any event act under the principle of good faith. The proposal of mediators by The Post Office with which it is willing to collaborate does not prevent the freedom to jointly appoint a mediator of its choice.
Any attempt to reach an agreement through mediation shall be without prejudice to the right to initiate legal proceedings at any time.
These general conditions are governed by Spanish law. For any dispute that may arise related to the Platform will be competent the Courts of Madrid capital, expressly waiving the user any other jurisdiction that may correspond to him, except the jurisdiction in the case of consumers.