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CONDITIONS OF PARTICIPATION IN BUNDGALLERY
These conditions of participation may be modified to adapt to the services provided, configuration changes to the website or legislative changes. We advise you to check their validity when you access the website.
DEFINITIONS:
-Bundgallery: A duly constituted company, dedicated to the provision of intermediation services between users for direct sales, which complies with all the legal requirements necessary to carry out the activity that is the object of these conditions.
-USER: Any natural or legal person who, interested in using the website owned by Bundgallery, fills out the registration form to obtain the intermediation service offered by Bundgallery.
-SELLER: Any USER who uses the brokerage services offered by Bundgallery to sell their goods.
-BUYER: Any USER who uses the intermediation services offered by Bundgallery in order to buy any good offered on the web.
-CONDITIONS OF PARTICIPATION: Clauses included in this document that, in a general way (General Conditions) and independently for each type of user (Special Conditions for Sellers and Particular Conditions for Buyers), collect the characteristics and conditions of purchase and participation of the intermediation service offered by Bundgallery.
-LOT: Each good or set of goods (offered together) that the SELLER puts up for sale in the Bundgallery.
GENERAL CONDITIONS
FIRST. CONDITIONS OF ACCESS AND USE
A) INTERMEDIATION SERVICE
These conditions regulate the entire brokerage service on www.bundgallery.com
The USER at the time that he completes the registration process and uses the intermediation service that we offer, accepts and expressly submits to the clauses specified below, as well as to the Privacy Policy.
B) REGISTRATION
Only natural persons over the age of 18 and registered companies may participate on this website.
Registration with Bundgallery is free of charge in order to carry out any type of transaction. The USER must fill in the registration form with his/her real name, address, VAT number and any other data requested on the form.
If any of the data entered in the registration process should vary or be erroneous, the USER must inform Bundgallery of the correct or new data.
The processing of your personal data is carried out in accordance with the privacy policy which is available to you at Bundgallery and is accessible from any section of the website.
C) WITHHOLDING PAYMENTS
Bundgallery offers a secure payment method as an intermediary in the transactions between the BUYER and the SELLER, this consists of the retention of the money that corresponds to the SELLER by Bundgallery as a guarantee until the LOT is delivered to the BUYER, thus both parties will be guaranteed that no will incur losses if the other party defaults (no payment or no shipment of the LOT).
Bundgallery, therefore, in cases of bank transfer, must receive payment from the BUYER within 4 business days, once Bundgallery has received said payment, the SELLER will be notified so that it can proceed to send the LOT to the BUYER.
SELLERS are required to initiate shipment within 7 business days.
Once the BUYER has received the product, Bundgallery will proceed to send the money for the LOT to the SELLER within 2 to 4 business days.
The SELLER is obliged to comply with the shipping deadlines stipulated in Bundgallery as well as those of the type of shipping selected by it.
If Bundgallery does not receive payment for the LOT, the SELLER will keep it. Bundgallery will return the money withheld from the BUYER if the BUYER does not receive the purchased LOT from the SELLER.
Information regarding taxes (V.A.T.): SELLER and BUYER must take into account that Bundgallery only retains the value price of the product to guarantee the quality and security of the transaction, but is not responsible for the collection of taxes as it is not the issuer of the invoice for the item. In your case, it will correspond to the SELLER to issue the relevant invoice, add the amount of I.V.A. and manage the payment thereof with the BUYER.
SECOND. RESPONSIBILITIES
A) LIMITACIÓN DE RESPONSABILIDAD
Bundgallery acts only as an intermediary between registered users, it does not have the rights to act on their behalf and the transaction of the goods will always take place in the terms that the users themselves have agreed, excluding Bundgallery from any dispute between them.
Bundgallery, acting as a mere intermediary service provider, does not supervise or control the participants in the different transactions or the LOTS offered for sale through its website. Therefore, Bundgallery will not assume any responsibility for the capacity and legitimacy of the participants, nor in relation to the quality, characteristics, veracity, accuracy, antiquity, origin, current status, legality, content, description, information and other elements of the LOTS put up for sale beyond those legally provided. The USER must form his own opinion regarding the LOTS.
Bundgallery reserves the right to remove any content that violates these conditions of participation.
Bundgallery is exempt from any claim for damages, compensation or compensation on LOTS that, having been sold, are withdrawn or canceled from Bundgallery. In this case, the direct sale amount will be returned to the purchasing user.
The SELLER expressly accepts that the buyer can enter comments and positive or negative evaluations related to the transaction carried out. Bundgallery will not assume any responsibility for this reason.
The USER must access and use the Bundgallery website in accordance with good faith, the rules of public order and these conditions of participation. Access to our website is carried out under the USER's own and exclusive responsibility, who will be liable in any case for any damages that may be caused to third parties or to ourselves.
Bundgallery reserves the right unilaterally and without prior notice to unsubscribe any USER who understands that they have violated the conditions that govern the direct sale of our website without the USER having the right to claim of any kind for this type of action. Likewise, it reserves the right to exercise the appropriate legal actions against those who violate these general conditions, accepting the USER that the non-initiation of these actions does not constitute a formal waiver of them, remaining in force until the legal prescription periods of the infractions.
Each of the clauses of these conditions must be interpreted separately and independently of the others. If any of them becomes invalid, illegal or unenforceable by virtue of any legal norm or is declared null or ineffective by any court or administrative authority, the nullity or ineffectiveness of the same will not affect the other stipulations, which will retain their full validity. and efficacy.
Bundgallery may admit exceptions to the penalties and responsibilities detailed in these conditions once it has studied the case, Bundgallery will understand the errors that they want to rectify in good faith, in which case Bundgallery will respond in the same way. For this reason, Bundgallery will admit force majeure causes such as illness, death, accident...
In case of conflict, the text in Spanish will prevail over any translation of the same that may be published on this website.
D) PROTECTED SPECIES:
This platform will only allow the trade of all protected species that comply with the CITES regulation in its latest update.
As regards, specifically, the different pieces of ivory and tortoiseshell, made in whole or in part, prior to July 1, 1947, they must have the necessary documentation in force in accordance with regulation CE 338/97 of 9 /12/1996, article 2w.
For an exit from the EU, a CITES re-export will be necessary, and will be paid by the buyer. Raw tusks will not be accepted.
E) PENALTIES
In the following cases, Bundgallery reserves the right to block the activity of the account from one month to one year depending on the specific case, understanding that there may be logical justifications or force majeure that should not receive any penalty, Bundgallery also reserves the right to suspend the account indefinitely in cases of illicit or criminal actions.
Assumptions of penalty for the BUYER:
- Do not pay the amount of the LOT.
Assumptions of penalty for the SELLER:
- Do not send the LOT sold or acquired by the BUYER.
- Send a LOT that does not fit the photograph, description and/or characteristics described in the LOT file.
- Repeat the same LOT massively with different prices or the same price.
- Failure to respect shipping conditions: shipment of toxic products or products with toxic remains and shipment of the LOT without respecting hygienic conditions (animal remains, excrement, dirt...).
THIRD. INTELLECTUAL PROPERTY
All content, text, images, and source codes are the property of Bundgallery or third parties from whom the right of use has been obtained, and are protected by Intellectual and Industrial Property rights.
The USER only has the right to use them privately, without profit, and needs express authorization to modify, reproduce, exploit, distribute or exercise any right belonging to their owner.
Bundgallery, is a registered trademark, and its reproduction, imitation, use or insertion is prohibited without the proper authorization of its owners.
Bundgallery is exempt from liability for any claim regarding the intellectual property rights of the content and images published by third parties on this website, being the responsibility of whoever publishes them.
The establishment of external links to this website does not confer any rights over it. Likewise, the simple fact of establishing a link to our website does not give the right to be granted the category of collaborator or partner.
QUARTER. APPLICABLE LAW AND JURISDICTION
Everything related to our website is governed exclusively by Spanish law.
These Conditions of Participation have been updated on 09/23/2019. We can proceed to its modification at any time: please check the date of issue each time you connect to our website and thus be certain that no modification has occurred that affects you.
For any question regarding the Conditions of Participation, you can contact us at info@bundgallery.com.
PARTICULAR CONDITIONS FOR VENDORS
FIRST. IDENTIFICATION OF SELLERS
The USER who wishes to use Bundgallery to sell a LOT for direct sale must fill out and present the relevant Sales Order and the following documentation in order to clearly identify it:
If it is a legal person:
- Public deed of incorporation (if the company is Spanish, it is enough to provide a Certificate from the Mercantile Registry)
- Card accrediting the Tax Identification Number (NIF).
- Document that proves sufficient powers to act on behalf of the company.
If it is a natural person:
- DNI or valid identity document with photograph.
- If the sale is made on behalf of a third party, it will be necessary to provide a written authorization accompanied by a DNI or valid identification document.
SECOND. INFORMATION ABOUT THE BATCH
The SELLER is obliged to provide all the information about the LOT that is essential or relevant, both at a technical, commercial or professional level at the time of filling in the file on the LOT that they put in the bundgallery to sell.
The SELLER must also include the information regarding the shipping costs of the LOT, in case it is not included, the SELLER will be responsible for said costs.
All information provided must be adequate and truthful, accurately describing the good or goods that make up the LOT. The SELLER may not introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
The SELLER agrees not to include advertising, passwords, trademarks, trade names, web addresses or any other data that allows buyers to locate their LOTS by alternative methods to the intermediation service offered by Bundgallery.
Bundgallery reserves the right to withdraw any LOT that it considers violates this LOT information clause, whether due to inaccuracy, omission or misleading.
Bundgallery will not assume any responsibility in relation to the information provided on the LOT by the SELLER.
Bundgallery will not assume any responsibility for the actions of third parties with respect to a fraudulent use of the documentation provided on a lot.
THIRD. DIRECT SALE PRICE
The amount for which a LOT can be purchased directly by a BUYER will be established by the Direct Sale Price, which will be established by the SELLER.
QUARTER. TRANSPORTATION
The Transportation of the LOT once it has been sold will be carried out by the SELLER at its own risk.
In the event that the seller has not provided the necessary information regarding the costs of shipping the LOT and it is not corrected before it is purchased or goes to auction, the SELLER will be responsible for and will be responsible for the shipping costs of the transportation.
The seller is obliged to specify the conditions of its transport, as well as to provide the URL or tracking code.
FIFTH. WITHDRAWAL OF THE LOT OR NON-DELIVERY OF THE SOLD LOT
In the event that the seller does not deliver to the BUYER a lot that he had purchased, the SELLER, if there are exceptional reasons that justify this assumption of non-delivery, must pay 50% of the price to Bundgallery and if there are none, he must pay 100% of the Bundgallery price.
If the characteristics of the goods that make up the LOT delivered to the BUYER are not the same as the description entered in the Bundgallery, the LOT will be understood as not delivered.
SIXTH. INVOICE AND METHOD OF PAYMENT
The accepted methods for payment are:
- Credit and/or Debit Card through STRIPE: Means of payment available for installments and periodic charges such as the subscription in Bundgallery, the transaction is made directly by connecting with the secure payment manager of STRIPE.
- Credit and/or Debit Card through Redsys: Payment method available for one-off charges such as registering for the Bundgallery store, the transaction is made by connecting directly with the BBVA bank (Banco Bilbao Vizcaya Argentaria) through its gateway of payment.
Una vez realizado el pago, recibirá un correo electrónico de confirmación del mismo.
Bundgallery will send the SELLER the corresponding proforma invoice, to the email address indicated for this purpose, when the seller's registration or the registration of the store plan have been paid.
Bundgallery is not aware of your credit card information. All our payment systems are completely secure.
SEVENTH. PAYMENTS AND COMMISSION
Bundgallery will be entitled to charge a commission on the price of the LOT sold. To this commission will be added the corresponding amount of I.V.A. (twenty-one%). The commissions will depend on the modality and may be the following:
In both cases, a successful sale is understood to be a sale that has been completed correctly or that, if not completed, does not comply with any of the specifications indicated in the service conditions for this purpose.
MODALITIES
Commission*
Fixed fee: No
Variable Fee:
- up to €400 ---- 6%
- From €401 to €700 commission 5%.
- From €701 to €1000 commission 3%.
- More than €1000 commission 2.5%
Free Recycling: 150 batches per month
Free mailings: No
Store
Fixed fee: Yes
Variable fee: 3.5%
Free Recycling: 200 batches per month
Free mailings: Yes
Single registration fee as a seller: €10
VAT 21% not included
*Minimum commissions of €0.01
EIGHTH. BREACH OF THE CONDITIONS
En caso de incumplimiento de las presentes CONDICIONES DE PARTICIPACIÓN EN Bundgallery (restricciones de países o prohibiciones, no facilitar información al proveedor de servicios de pago...), Bundgallery se reserva el derecho a no pagar al VENDEDOR por el LOTE vendido, sin perjuicio de aplicar cualquier otra penalización en relación con el incumplimiento.
Por lo que el VENDEDOR acepta y renuncia expresamente a formular cualquier reclamación contra Bundgallery por dichos pagos.
PARTICULAR CONDITIONS FOR BUYERS
FIRST. BUYERS IDENTIFICATION
The USER who wishes to use Bundgallery to buy a LOT for direct sale must fill out and submit the following documentation in order to clearly identify it:
If it is a legal person:
- Public deed of incorporation (if the company is Spanish, it is sufficient to provide a Certificate from the Mercantile Registry).
- Card accrediting the Tax Identification Number (NIF).
- Document that proves sufficient powers to act on behalf of the company.
If it is a natural person:
- DNI or valid identity document with photograph.
SECOND. OBLIGATIONS AND LEGALITY OF THE PURCHASE
In order to buy a LOT, BUYERS must respect the following rules and conditions:
- You must ensure that the purchase of the item or items that make up the LOT is not prohibited in the jurisdiction where it is to be received or that it does not violate or contravene any other applicable regulations. Bundgallery, by providing only the intermediary service between sellers and buyers, will not assume any responsibility in this regard, any claim related to the purchased good must be addressed to the relevant SELLER.
- You expressly consent that, when formalizing the purchase of the LOT, your data is communicated to the SELLER so that the operation can be managed correctly. Bundgallery is not responsible for the use that the SELLER may make of the data provided.
THIRD. INVOICE, METHODS OF PAYMENT AND EXPENSES
Bundgallery will send an informative message confirming the purchase of the LOT to the BUYER immediately upon formalizing the direct sale.
The amount of the LOT acquired through direct sale must be paid in advance.
The accepted methods for the payment of the LOT are:
- Credit Card: The transaction is made by connecting directly with VISA and MasterCard, through their payment gateway.
- Bank transfer: making a deposit of the total amount of the purchase in the current account indicated. This payment can only be made through banks domiciled in the European Union.
Once the payment is made, you will receive a confirmation email.
Bundgallery is not aware of your credit card information. All our payment systems are completely secure.
Both the SELLER and the BUYER are responsible for confirming receipt of the notifications and for informing us of any changes to their data, leaving Bundgallery exempt from any liability arising from this circumstance.
QUARTER. DELIVERY, SHIPPING AND PICKUP OPTIONS
Once the payment of the LOT has been made, the different delivery, shipping and collection options will be those agreed between the SELLER and the BUYER, Bundgallery not assuming any responsibility in this regard.