Terms of use of Hispacolección

1. General terms and definitions
Scope of application.

These terms of use are applicable to all relationships between Hispacolección S.L. and users of the Hispacolección website and between the users of the website.

Official currency of Hispacolección.

The official currency of the Hispacolección website is the Euro (EUR or €). However, in the auctions users can also indicate prices in other currencies if they prefer, in which case they must state the currency in which the price is offered. Apart from the euro, other acceptable currencies are: US dollars (USD or $); Swiss francs (CHF) and pounds sterling (GBP or L).

Official time of Hispacolección auctions.

The official time at Hispacolección is Madrid time (Spain).

2. System malfunctioning disclaimer.

Hispacolección accepts no responsibility for any crashing of the Internet web, system failures or downtimes for maintenance of any website.

In the event of a lengthy downtime of the system, Hispacolección reserves the right to extend the bidding time of any auctions close to conclusion.

3. Compensation.

Hispacolección will pay no compensation for any circumstance regarding items sold by auction between users, whether non-payment, false description, poor condition or loss.

For objects sold by Hispacolección through its virtual store, the buyer will have up to fifteen days from the date of dispatch to make a justified claim, provided the object was sent by registered mail.

Compensation for articles sold directly will be subject to return of the article in the state in which it was delivered by Hispacolección.

4. Registration and opening of user account in Hispacolección

Registration in Hispacolección entails accepting its general terms of use and using the services provided by the website.

For valid registration, all details requested by Hispacolección must be true

Unless otherwise expressly authorised by Hispacolección, no person or entity may have more than one account.

Access to the account will be obtained with a nickname and a password notified by Hispacolección.

Hispacolección reserves the right to reject any registration or cancel it at its sole discretion.

If for any reason the Hispacolección website ceases to provide services, all user accounts will be immediately closed without compensation.

A user account may be closed immediately on the following grounds, among others:

A person whose account has been cancelled can only register again with express authorisation from Hispacolección.

5. Conditions for sale and purchase on Hispacolección.

It is forbidden to put on sale on Hispacolección any article which infringes the law or good habits. These articles include those on the following list, which is not exhaustive:

Hispacolección reserves the right to withdraw any advertisement in any of the above categories or which breaches the law or good habits.

Sellers will be fully liable for the objects of their property and at their disposal offered for sale.

The seller must give an accurate description of the object offered for sale, indicating any faults or defects it may have, visible or hidden.

Sellers are not authorised to sell the same article simultaneously in several different categories.

Sellers must respect the terms of payment and remittance indicated in their terms of sale. The final price may not include any additional cost to those stated and the price resulting from the auction or the fixed price of sale.

Sellers are obliged to establish reasonable and sufficiently clear terms.

Any taxes or other tax obligations levied on the sellers operating in Hispacolección are the responsibility of those sellers.

Objects sold shall be sent within no more than one week, with adequate packaging and postage.

Sellers undertake to pay Hispacolección every month any commissions accrued on their sales. If commissions are not paid for a reasonable time in the opinion of Hispacolección, Hispacolección shall close the account and cancel any sales that may be in progress.

Buyers and sellers shall be subject at all times to any particular or general instructions and conditions that Hispacolección may issue.

Failure to comply with those instructions or conditions shall be sufficient grounds, at Hispacolección’s discretion, for Hispacolección to withdraw the seller’s articles offered for sale or cancel its account should the Hispacolección management deem fit.

Sellers are recommended to reply precisely and in detail to any questions received from buyers and to consider the information contained in their replies as binding in the sale process.

Buyers on Hispacolección are obliged to pay the seller within a reasonable time and prior to dispatch of the article the amount resulting from the auction or the fixed price set by the seller, and to respect the terms of payment established.

Hispacolección is not responsible for proving any payments made by the buyer to the seller by any of the methods chosen by the latter, although any documents that the buyer may provide will be important for disputes submitted to arbitration.

Hispacolección makes arbitration procedures available for buyers and intermediaries.

Sellers and buyers are recommended to try to avoid abusive recourse to these procedures.

Arbitration shall be conducted according to the procedure described on the website.

Hispacolección shall take on requests for arbitration when the statements of sellers or buyers can be proved.

Arbitration awards cannot be appealed.

In the event of proven non-payment by the buyer, the sale will be declared void and Hispacolección will return to the seller the commissions that may have been paid on that sale.

6. Ratings procedure

The ratings procedure is a fundamental tool for generating trust between users, so it must be used fairly and wisely.

Ratings must be objective, weighted and avoid any value judgements.

It is normal practice for buyers to pay for the articles they purchase before those articles are sent. Therefore, buyer ratings must be made once they have paid for the article purchased and no later than the time of sending the purchased article, and always prior to the seller’s vote, so that the seller cannot be construed to have used its vote as a way of blackmailing the buyer.

Sellers are obliged to indicate when they sent the article and may not vote for the buyers after that notification has been given.

The following alternatives are available for rating buyers:

The following alternatives are available for rating sellers:

The statistical information on each user will be available for consultation by other users.

The accumulation of certain ratings will be sufficient grounds to close the account.

7. Communication with Hispacolección and between users

The messages exchanged between members of Hispacolección or between members and Hispacolección will be confidential and may not be distributed, except messages posted in the debate forum.

In the debate forum, Hispacolección reserves the right to delete any comments that may be offensive for other users or the website.

Messages must be sent in moderation and for the sole purpose of requesting information or completing transactions between users within Hispacolección.

Communications intended to carry on or advertise another commercial or other activity within Hispacolección must be avoided.

The following will be considered serious faults in the use of e-mails within Hispacolección:

8. Administrators

People specially designated by Hispacolección to administer its website.

Administrators’ decisions may not be appealed and their instructions must be followed exactly by users.

9. Right to privacy. Use of information supplied to Hispacolección

All particulars supplied to Hispacolección by users will be treated confidentially, except any essential information for communications and the commercial transactions performed within Hispacolección.

In these cases, users will have authorised express publication of that information.

If, for any reason, a user’s account is cancelled, by the user or Hispacolección, Hispacolección will eliminate all information on that user from its database, although Hispacolección will be entitled to preserve anonymous details of transactions for its statistics.

No user may collect or use the details published for commercial or other purposes.

Hispacolección will provide the authorities with any details they request to comply with any tax obligation of any user or for the prosecution of a possible offence.

10. Liability disclaimer

Hispacolección accepts no responsibility for the connections a user may make with other public or personal websites with which Hispacolección has no relationship.

As mentioned earlier, Hispacolección is not responsible for the advertising, descriptions or activity of users of Hispacolección.

Hispacolección expressly reminds all users of the need to comply with the law, especially copyright laws. Any illegal activity not detected by Hispacolección is the specific responsibility of the user performing it.

11. Modification of the general terms

Hispacolección reserves the right to extend, modify or rectify these general terms. Any modifications will be published in the corresponding section of its website.

All users are bound by these general terms as from their publication. Ignorance of the terms is no defence.

12. Jurisdiction

Any dispute that may arise between Hispacolección and its users or between Hispacolección and any individual or legal person shall be settled by the courts of Madrid (Spain).