3. GENERAL CONDITIONS OF CORREOS MARKET APPLICABLE TO SELLERS.
The use or disposition of the products of the Sellers on the Platform implies the full acceptance by them, of all the Terms and Conditions of the Platform each time it is accessed, so, if they do not agree with any of the conditions established herein, you should not use or accept to dispose of your products on this Platform.
Prior to the use of the Platform, the Seller must have signed the corresponding contract with CORREOS, which will contemplate, among other aspects, the remuneration for participating in the Platform.
CORREOS reserves the right to modify at any time these Terms and Conditions and any other general or particular conditions, regulations, instructions or notices that may apply. In addition, CORREOS reserves the right to suspend, interrupt or stop operating on the Platform at any time.
Any modification will be carried out with at least 15 days' notice (which may be higher if the new conditions require the Seller to make technical or commercial adaptations).
Changes in wording should not be understood as a modification to the extent that they do not alter the content and meaning of the conditions.
The Seller will have the right to be able to terminate the relationship within 15 days after the notification of modifications to the terms, unless he waives said period unequivocally, thus being understood in the case of the Seller, by way of example, when he proceeds to the inclusion of the offer of new products on the Platform (no waiver will be understood when the notification period is greater than fifteen days, because modifications to the Terms and Conditions require the Seller to make significant technical adjustments or in the cases and to the extent that the modification needs to be applied without considering the notification period by a legal or regulatory obligation).
3.1 ACCESS TO THE PLATFORM
CORREOS will provide the Seller who directly manages its products with access to a private management area or BackOffice from which it can manage the orders associated with the sales of its products made on the Platform.
The Seller once he has previously signed the corresponding contract between the parties also providing the necessary information to publish his Seller file on the platform and this has been published, he will receive an email with information on how to manage his catalog and orders associated with sales on the platform. You will also receive access to your BackOffice from the Seller as well as the temporary password of unique access to it since once you access the system it will ask you to change the password for the one you choose.
The Seller expressly agrees to legally equate the use of the password(s) of access to the Platform to his signature, so that the operations carried out will be considered, in any case, valid and it will be understood that they have been carried out by the Seller, producing full legal effects.
The Seller is responsible for the custody of the password. The Seller will be responsible for the consequences or damages that a fraudulent or improper use of them could cause.
Temporarily collections of products will be made, informing them mainly in the BackOffice of the Seller to adhere to them with the products it deems appropriate.
Sellers must validate that the information of the products on the Platform is accurate and truthful. Both the description, the price indicated, and the applicable taxes, will be established by the Sellers under their sole responsibility.
3.2 SALE OF PRODUCTS
CORREOS will inform the Seller of the part of the order that corresponds to it made by the Client, 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 to the Customer.
The Seller undertakes that the stock of products made available to the Customer on the Platform is up to date. If CORREOS corresponds to the management of the Seller's stock, CORREOS will keep duly informed of the stock needs of the Seller, which must be met in accordance with the commitments reached between the parties.
The Products purchased by the Customer will be dispatched either by the Seller using the shipping label that will be processed through its private management area or by CORREOS according to the classification of Sellers indicated in point 1.
In case of rejection of an order, the Sellers must communicate the rejection immediately to the Customers through the channels that the Platform makes available to them or by transmitting it to CORREOS by any of the permitted means.
In case of non-execution of the Order by the Seller due to the fact that the contracted Product is not available, the Customer must be duly informed of this lack of availability and the Seller assumes that the Customer must be able to recover without any 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 product out of stock will be refunded.
The Seller must attend to the claims and incidents of its products made by the Customers, as well as attend to the Customer's right of withdrawal when appropriate in accordance with current regulations, as well as inform of the way to exercise said withdrawal and the consequences of the exercise of the same.
The obligations derived from the regulations governing the rights of the Customer and consumer must be assumed by the Seller.
In case the Seller has not received the payment by CORREOS referring to the purchase of a product on which a Customer claims to exercise his right of withdrawal, and provided that this takes place within the legally established period, the Seller must communicate this fact to CORREOS so that it proceeds to make the economic return to the Client.
3.3 TERMINATION OF THE RELATIONSHIP.
The causes of termination of the relationship between CORREOS and the Seller, beyond those indicated in these Terms and Conditions, will be those regulated in the current Contract previously signed between the parties.
Once the relationship has ended, CORREOS will not keep information provided or generated by the Seller on the Platform.
3.4 BREACH OF THE GENERAL CONDITIONS
Based on the provisions of point 1.5, CORREOS will communicate the decision to restrict or suspend the provision of its services related to the specific goods or services offered by said Seller. CORREOS in the event that it terminates the provision of all its services for a Seller, will notify you with reasons at least thirty days in advance of the decision, unless the affected party has repeatedly violated the Terms and Conditions, which, in such case, will not apply the indicated period. The Seller may provide clarification of the facts and circumstances within the framework of the internal complaint processing procedure set out below.
When the reason for the restriction, suspension or termination is based on a legal or regulatory obligation, the period indicated will not apply. It shall also not apply where the right of termination is invoked in accordance with national law and in accordance with Union law which permit 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 ( example, illegal or inappropriate content, security of a good or service, counterfeiting, fraud, malware, spam, data breaches, other cybersecurity risks, etc.)
CORREOS will pursue the breach of these Terms and Conditions, as well as any improper use of the Platform by exercising all civil and criminal actions that may correspond to it by law.
CORREOS will make available to the Seller the internal system of processing claims, for settle claims in relation to the services provided through the Platform.
The Seller who so wishes, may transfer your claim through your Backoffice where you will have an online chat where you can submit your claim
Correos within 15 days will process the complaints submitted by the seller and will respond based on the principles of transparency and equal treatment applied to equivalent situations, will treat the claims in a proportionate way in relation to their importance and complexity.
3. 5 INTELLECTUAL AND INDUSTRIAL PROPERTY
The Seller authorizes and grants CORREOS free of charge, and during the period of duration of the Agreement, a non-exclusive and non-transferable license to use the trademarks, logos, trade names, domain names and distinctive signs solely and exclusively for use by CORREOS for the promotion of the products on the Platform.
The Seller guarantees that it has the rights, licenses, permits and authorizations of the holders of intellectual and industrial property rights that affect the products offered by it, and assumes that it will be at its exclusive expense the payment of any other intellectual and industrial property right and the payment of the rights and indemnities for such concepts.
The Seller will exonerate CORREOS from liability to third parties for actions or claims that come from holders of intellectual and industrial property rights over the products offered on the Platform.
The Seller may not make use of the name, logo or any distinctive sign or material provided by CORREOS for the fulfillment of the obligations arising from this Agreement outside the circumstances and purposes of this Agreement, nor once the validity of the same has ended.
In compliance with Regulation (EU) 2019/1150 and in order to resolve disputes that may arise between Correos and the Seller arising from the provision of online hospitalization services described in these general conditions and, as well as those 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 agreements for the resolution of disputes between the parties.
Mediation as a confidential and voluntary process for conflict resolution will not imply an obligation, and the parties must act in any case, under the principle of good faith. The proposal of mediators by Correos with whom 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.
3.7 DATA PROTECTION
In compliance with the applicable regulations on the protection of personal data, we inform you that personal data will be processed by the Sociedad Estatal 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 of 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: email@example.com
They may also contact the data protection officer at the address: firstname.lastname@example.org.