GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE OF THE WEBSITE/APP

1. OUR IDENTIFICATION DETAILS

TRADEINN RETAIL SERVICES, S.L, (hereinafter “Tradeinn”), is a limited liability company with registered office at Calle Pirineus 9, warehouse 1B, (17460, Celrà (Girona), with Tax Identification Number (NIF): B17527524. Registered in the Girona Commercial Registry, Volume 1123, Folio 108, Sheet GI20086, Entry 1. Telephone: +34 93 220 00 89, and email address: support@tradeinn.com.

The company is registered in the Register of Electrical and Electronic Equipment maintained by the Ministry of Industry, Tourism and Trade (REI-RAEE) under number: 2709

2. INTRODUCTION

These General Terms and Conditions of Sale and use of the Website/App (hereinafter, the “Terms and Conditions”) shall apply between Tradeinn and the consumer and/or user and to all purchases made through the website www.tradeinn.com. Likewise, and in the corresponding sections, they also regulate the conditions of use of the Website/App through the website www.tradeinn.com and its various sales verticals, all of which belong to Tradeinn.

With regard to the provider´s websites, www.tradeinn.com is structured as a website integrating its various verticals with their respective domains. Each of the verticals can be accessed from its specific website, or from the general website by clicking on each of the verticals; in this case, you will be automatically redirected to the website of the selected vertical.

You may, at any time, access, save and print these General Terms and Conditions for consultation purposes. This is without prejudice to the fact that specific conditions may be established for access to certain content which, in any event, will also be made available to you and displayed to you prior to the completion of your purchase.

3. GENERAL TERMS AND CONDITIONS OF PURCHASE

3.1 Consultation of the terms and conditions and right to modify them

These Terms and Conditions, together with the Privacy Policy and Cookie Policy (along with the documents referred to therein), establish the General Terms and Conditions of Purchase for all purchases made through the website www.tradeinn.com and its verticals. In order to complete the purchase process, it is essential to read and accept these Terms and Conditions beforehand.

3.2 Different purchasing methods

The user wishing to complete an order may place it by following the online purchasing process through our web portal www.tradeinn.com and its respective verticals. During the purchasing process, you may choose to have the order delivered to your address, as well as select the carrier from among the different options displayed.

The electronic contracting process through the Website is carried out in accordance with the applicable regulations on consumer protection, electronic commerce and distance contracting. Before you become bound by the order, Tradeinn will provide you, in a clear, comprehensible manner and appropriate to the means used, with all legally required pre-contractual information.

3.3 Products

The website displays products according to their availability. The brand and model, product images, description, technical specifications and availability, full price, possible discounts or financing options, as well as the different shipping/pick-up options referred to in section 3.2, will be indicated.

Should any exceptional difficulty arise preventing delivery or should a subsequent impossibility arise that prevents the product from being supplied, we will inform you immediately and you may choose between a refund, which will be made within a period not exceeding 14 calendar days, or, if you accept, we will offer you an alternative product of equal or greater value and quality.

3.4 Online purchasing procedure

The Customer may complete the purchase using the available express payment options, without the need to create an account. Likewise, you may voluntarily register through «My Account > Create account» to access your personal area, view and manage your orders and use the other available functionalities. To create an account, you will be identified by an email address and a password. You will be solely responsible for the safekeeping and proper use of your passwords. All purchases of products made by you through the Website shall be subject to prior identification and authentication through your user account.

The shopping basket will display the items, quantity, price and total amount. Once the purchase has been confirmed and before starting the payment process, the applicable taxes, charges and discounts will be calculated specifically according to the payment details and the shipping method and carrier selected. Shopping baskets, insofar as the purchase has not been formalised through payment of the corresponding price, have no administrative binding effect; they constitute a section where a quotation may be simulated without any commitment on either party. Please note that products placed in the shopping basket are not reserved. Stock is updated immediately before payment is formalised.

Once you have accepted the Terms and Conditions and the corresponding policies, you may confirm the order and make the payment to which you are obliged pursuant to Article 98 of the TRLGDCU. If you do not accept them, you will not be able to complete the purchase process or make the payment. When entering your details to place the order, you must provide the corresponding billing details. If the invoice is to be issued to a company, you must select the option “Invoice with company details > I have a valid EU VAT number (registered in VIES)” and provide the details required for this purpose.

All information provided during the contracting process will be stored by Tradeinn, so that, upon written request or by email to support@tradeinn.com, you may request information relating to transactions carried out during the previous 6 months. Any modification and/or correction of the data provided by Users while browsing must be made in accordance with the instructions included on the Website. Changes may be made in the section: “My Account > My Orders”, where you will also have access to the history of orders you have placed with us.

4. PRICE AND PAYMENT METHOD

4.1 Prices and invoicing

Once you have provided your billing details and, where applicable, your shipping details, you must select the payment method you wish to use. If you have chosen any of the available payment methods for immediate payment, you will be automatically redirected by the system to the online payment platforms (POS) of the corresponding banking institutions.

The prices indicated for each product include any applicable taxes. Unless expressly stated otherwise, these prices do not include shipping, handling, packaging, shipping insurance or any other additional services associated with the purchased goods or products. These costs are determined at the end of the purchasing process and, in any event, before payment is completed. The sale prices indicated in our online stores are displayed as follows:

- If the Customer is located in the European Union, all prices include VAT, but the Provider will deduct this amount from the total if the shipment is made to VAT-exempt areas. In the United Kingdom, all our prices include VAT, which is currently subject to a standard rate of 20%.

- If the Customer lives outside the European Union, prices do not include VAT. The Customer will be required to pay the local VAT and there may be import duties or taxes when the shipment arrives at its destination. We cannot indicate the applicable percentage or amount, as these depend on factors beyond our control (local customs taxes, duties, etc.).

- In some countries or areas, customs clearance handling fees may also be charged. These costs are charged by the transport company acting as an intermediary with customs authorities. Customs duties and regulations may change periodically.

The prices applicable to each product are those published on the website and are expressed in the currency of the country (EURO for Spain). Prior to order confirmation, the price of certain products may be updated depending on availability, the assigned supplier or operational circumstances affecting the system. In any event, once the order has been confirmed by Tradeinn, the price applied will not be modified for that order. You agree that the invoice corresponding to the purchase may be issued electronically and made available to you through electronic means, such as your Customer area or the link provided in the order confirmation and/or shipping communication.

At any time, you may request that the invoice be issued in paper format at no additional cost by sending a request to the following email address: support@tradeinn.com.

4.2 Payment security

Tradeinn works with Adyen and Mar Payments Services S.L. to ensure the highest level of payment security and to prevent fraud and non-payment. If the security department suspects any irregularity or fraudulent activity, the Provider reserves the right to cancel the transaction for security reasons. For online payments made by credit/debit card, we use the Secure Socket Layer (SSL) security system, which encrypts banking information transmitted over the network. Likewise, credit card details are not stored in any database, but are sent directly to the POS (Point of Sale) terminal of the banking institution. In order to offer Klarna payment methods, during the payment process, Tradeinn may transfer the Customer´s personal data provided in the contact form and order details to Klarna, so that Klarna can assess whether the Customer is eligible to benefit from these payment methods. The personal data transferred will be processed in accordance with Klarna´s privacy notice (link: www.klarna.com/international/privacy-policy/). Other payment methods with equivalent security features are also available, such as PayPal and Apple Pay, among others.

4.3 Donations with Intermón Oxfam

Thanks to Tradeinn´s direct collaboration with the NGO Intermón Oxfam, we offer all customers the opportunity to support Intermón Oxfam and contribute to charitable causes during the purchasing process. This is a very simple and completely secure donation system. It will appear directly in the shopping basket before the order is completed, allowing customers to increase the purchase amount by making a small donation. All donations will be transferred in full to Intermón Oxfam. If, after making the donation with your order, you cancel the purchase, the amount donated to Intermón Oxfam will not be refunded.

5. SHIPPING AND DELIVERY OF ORDERS

5.1 Order delivery

At the time of placing the order, you may choose the delivery method that best suits your needs from among those available. Tradeinn reserves the right to use all necessary means to deliver the products to the address provided by you. You must provide an address where the shipment can be delivered. You may track your shipment through the link that will be sent to you by email once your order has been shipped.

A first delivery attempt will be made at the address provided. If you are absent, you will be notified by SMS, email or telephone call in order to arrange a new delivery. If, for reasons not attributable to Tradeinn, the carrier is unable to deliver the shipment after these two attempts, depending on the carrier selected, the shipment must be collected from the carrier´s available service centre. If, within five (5) calendar days from the date of the notification, the Customer has not contacted the carrier or Tradeinn to arrange a new delivery date, the products will be returned to our warehouses. In this case, and for customers outside the EU, the Customer shall be responsible for the shipping costs, as well as any customs clearance costs associated with the return of the goods due to a failure to deliver attributable to the Customer.

5.2 Order delivery time

Unless otherwise agreed, we will dispatch the order consisting of the product(s) indicated in the Order Confirmation without undue delay and no later than 30 calendar days from the date of the Order Confirmation.

Please note, for information purposes, that circumstances arising from product customisation (such as shirts with a number and letters of your choice, football boots with a number of your choice, ski bindings according to the measurements provided by you, all customised according to your instructions), as well as unforeseen or extraordinary circumstances, may affect the delivery date. Deliveries generally take place on working days (Monday to Friday), although in exceptional circumstances they may be extended to public holidays and weekends.

If, for any reason, we are unable to meet the delivery date, we will inform you of the reason immediately and give you the option of proceeding with the purchase by establishing a new delivery date, which will not exceed the 30-day period indicated at the beginning of this section, or alternatively, the option to cancel the order with a full refund of the price paid. The ´delivery´ or the order being ´delivered´ shall be deemed to have taken place when you or a third party designated by you acquires the products. Tradeinn shall not be liable where delivery of the product or service cannot be completed if the information provided by you is false, inaccurate or incomplete.

If the shipment does not arrive in perfect condition and has any visible damage, you may refuse delivery or accept it, noting on the delivery note that receipt is subject to inspection of the contents. If the damage was not visible, you must submit the corresponding claim by email to support@tradeinn.com within two days following delivery. In any event, the risk of loss or damage shall pass to you when you receive and accept the order.

6. SHIPPING COSTS

The shipping prices indicated when placing your order include handling and packaging and apply to each order. It is therefore advisable to include all the products you require in a single order in order to save on shipping costs. The prices do not include shipping costs or additional services such as customs charges referred to in section 4.1.

The shipping cost will be added to the price of the product and will be displayed before proceeding with payment and itemised so that you know the exact amount. We currently do not offer free shipping, as costs are calculated individually for each order.

7. RIGHT OF WITHDRAWAL AND RETURNS

7.1 Legal right of withdrawal

If you place your order as a final consumer, you have the right to withdraw from your purchase within 14 calendar days from delivery of the order (and not before receipt) without having to provide any reason.

Once we have received your unequivocal notice of withdrawal from your order, the purchase amount and, where applicable, the delivery costs will be refunded. The refund will be made using the same payment method used to purchase the product. You must return the products subject to withdrawal at your own expense, without undue delay and, in any event, no later than 14 calendar days from the date on which you communicate your decision to withdraw. Shipping costs will only be refunded when the right of withdrawal is exercised within the statutory period and all items included in the relevant return are returned. The refund will be made as soon as possible and, in any event, within 14 days from the date on which you communicated your unequivocal intention to withdraw. However, we may withhold the refund until we have received the goods or until you have provided sufficient proof that the goods have been returned, whichever occurs first.

To exercise your right of withdrawal, you must notify Tradeinn of your decision unequivocally. You may do so by completing the form below:

- I hereby notify you that I withdraw from my sales contract for the following order*******
- Order received on *****
- CUSTOMER´s full name***
- CUSTOMER´s address***
- Date***
- CUSTOMER´s signature*** (only if submitted in paper format)

You may also send your Withdrawal Form by post to: Tradeinn Retail Services S.L., C/Pirineus, 9 - 17460 Celrà (Girona – Spain).

In accordance with applicable legislation, the following are excluded from the right of withdrawal:

1. Goods made to the Customer´s specifications or clearly personalised (e.g. a shirt with a number or letters of your choice or ski bindings drilled according to the height/weight information provided by you).
2. Sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
3. The supply of sealed audio or video recordings or sealed computer software that have been unsealed by the Customer after delivery.
4. Digital content (not supplied on a tangible medium) where performance has already begun. The Customer expressly acknowledges that once the digital download has begun, they will lose their right of withdrawal.
5. Any other goods or services covered by Article 103 of Royal Legislative Decree 1/2007 of 16 November.

Likewise, you may exercise your right of withdrawal quickly and easily using the withdrawal function available via the ´Exercise right of withdrawal´ link accessible from the footer of our website.

For the purposes of exercising your right of withdrawal, you shall be responsible for any diminution in the value of the goods resulting from handling other than that necessary to establish their nature, characteristics or functioning. In order to avoid any diminution in the value of the goods, it is recommended that products be returned in their original packaging and with all accessories, in the same good condition in which they were delivered and, preferably, together with the invoice. Before returning the product, the Customer must ensure that it is properly protected and sealed so that it does not suffer any damage during transport. Please note that the risks associated with the products shall be borne by you from the moment they are delivered to you.

If Tradeinn receives a returned product outside the circumstances legally established or contractually provided for the exercise of the right of withdrawal, such as an item returned after the stipulated deadline, in poor condition, containing incorrect items, showing signs of improper use or which, ultimately, does not meet the requirements for exercising the right of withdrawal, the amount paid will not be refunded, without prejudice to any rights that you may have under the applicable legislation. In such cases, we will contact you to inform you of the situation and offer you the possibility of recovering the product, in which case you must bear the corresponding shipping costs. If, after two (2) months from the date on which we make the item available to you or from our attempt to contact you, you have not collected it, refuse to receive it or fail to respond to our communications, we may consider the product abandoned for all purposes. In such case, we may freely dispose of it or proceed with its destruction. We shall be entitled to charge you the shipping costs if it is possible to arrange for the return of the package addressed to you.

For returns where the consumer sends the package using a carrier of their choice, Tradeinn shall not be liable for the risk of loss, damage or deterioration that may affect the shipment. In this case, as you have freely chosen the carrier, we will ask you to provide us, through “My Account”, with the shipment details so that we can manage it (selected carrier, shipment number, tracking information, etc.).

7.2 Return and exchange of products (Contractual right)

In addition to the legally recognised right of withdrawal, you also have an additional period of 30 days from receipt of your order to return the products (without prejudice to those excluded pursuant to section 7.1). If you return the products after the statutory withdrawal period (14 calendar days from receipt), you may still return them, but in this case only the price paid for the products will be refunded; shipping costs will not be refunded. Likewise, you shall bear the direct costs of the return (cost of the return label).

Tradeinn is an e-commerce business and does not have physical stores. For this reason, exchanges for a different size or model are not available. If you wish to make an exchange, you must process the return of your order and place a new order.

Except for the difference in the duration of the applicable period and the reimbursement of the shipping costs incurred to deliver the package to you, the provisions of sections 7.1 and 7.2 apply equally to both the statutory right of withdrawal and the contractual right of return.

The return is processed as follows:

1. Initiate the return request by logging in to “My Account > My Orders” and select the product you wish to return. Click “Return item(s)”.
2. Next, select the item(s) you wish to return and select a “Return reason”. Choose from the options in the drop-down menu the one that best matches your case.
3. The next step is to click “Return item(s)”, which appears at the bottom of the list of products in your order.
4. At this point, the system will open a platform where you can pay for the return label, which you will print and attach to your package to send it to Tradeinn.

Please note that certain products cannot be returned unless they are defective. This refers to items that have been unsealed after delivery for reasons of hygiene or health protection (for example, cosmetics, underwear, climbing equipment such as carabiners or safety ropes), perishable products (for example, food, gels, etc.), items that have been mixed with other products and cannot be separated, unsealed audio/video recordings or software, and personalised or made-to-measure items (for example, football boots personalised with a number or letters of your choice, shirts with a number or letters of your choice, skis with bindings mounted according to your weight and height specifications, etc.). All of the above is in accordance with Article 103 of the Spanish General Law for the Protection of Consumers and Users.

The items must be in their original condition, as they were sent to you. Returned items must include their labels and packaging. Do not attach labels or adhesive tape directly to the product packaging. For any electronic device, it is essential that the product is sent without any active lock, unlinked from the mobile device or any other device to which it may have been connected, with the factory settings restored and without memory cards, all for your own security and the protection of your personal data.

For some of the selected return reasons, the system will allow you to upload photos of the product in order to provide supporting evidence for your case, facilitate its review and handling by our team, and allow you to explain more conveniently what happened with your product.

8. WARRANTIES

New products are covered by the applicable statutory warranty in accordance with the legislation in force. In Spain, the period of liability for lack of conformity is three (3) years from delivery of the product. In other countries, the warranty period shall be the period provided for under the applicable legislation according to the consumer’s country of residence.

Refurbished or second-hand products are covered by the applicable statutory warranty in accordance with the legislation in force. In Spain, products identified as refurbished or second-hand shall have an agreed statutory warranty period of one (1) year from delivery of the product. The refurbished or second-hand status of the product and the applicable warranty period shall be clearly, specifically and visibly stated on the product page and/or during the purchasing process before the order is placed, and shall be deemed accepted by you upon confirmation of the purchase.

In other countries, refurbished or second-hand products shall be covered by the warranty period and conditions provided for under the applicable legislation according to the consumer’s country of residence. Where such legislation allows a shorter period to be agreed for these types of products, Tradeinn may establish a period of one (1) year from delivery. If the applicable legislation provides for a longer period, that longer period shall prevail.

The warranty shall not cover cosmetic defects, signs of use, wear and tear, missing accessories or limitations inherent to refurbished or second-hand products that were clearly disclosed prior to purchase, without prejudice to any rights you may have under applicable law in the event of a lack of conformity.

Tradeinn shall be liable for any lack of conformity of the product existing at the time of delivery. Products shall be deemed to conform to the contract provided that (i) they correspond to the description provided on the website and possess the qualities indicated in the product description, (ii) they are fit for the purposes for which products of the same type are ordinarily used, and (iii) they have the quality and performance normally expected of products of the same type. If any product does not conform to the contract, you must notify us in accordance with the established procedure.

To do so, access “My Account > My Orders” and select the product for which you wish to make a warranty claim. Select reason (4) from the list provided in the “Return reason” drop-down menu. We may request reasonable information and evidence, such as photographs of the product and a description of the issue. Tradeinn may verify the existence of the alleged defects, their cause and when they arose, in order to determine whether the issue is covered by the warranty.

If the goods do not conform to the contract, you have the right to have them repaired or replaced, unless one of these options is impossible or would impose disproportionate costs on Tradeinn. Where repair or replacement is not appropriate, you may request a price reduction or termination of the contract, under the terms provided for by consumer protection legislation.

If, following an inspection of the product by our warranty team or, where applicable, by the brand’s official technical service to which the product has been sent, it is determined that the issue is not due to a lack of conformity but rather to improper use, normal wear and tear or other causes not covered by the warranty, Tradeinn will inform you of the available options, which may include a chargeable repair or the return of the product, with you bearing the corresponding costs.

9. CUSTOMER SERVICE AND AFTER-SALES SERVICE

Any complaint or enquiry that you consider appropriate or wish to make will be handled by our customer service department:

- Email: support@tradeinn.com or through your customer account.
- Tel.: +34 93 220 00 89 / Our lines are open from 09:00 to 19:00 (CET), Monday to Friday.
- Web form: Chat with Tradeinn through the “Chat”.
- Registered office: TRADEINN RETAIL SERVICES, C/ Pirineus, 9 17460 - Celrà (Spain).

Tradeinn may use automated customer service systems or virtual assistants based on artificial intelligence to provide information about products, orders, returns, warranties or other service-related enquiries. These systems will identify themselves as such at the beginning of the interaction. The responses provided by these systems are for informational and guidance purposes only and do not replace or modify these General Terms and Conditions, without prejudice to the customer service that may be provided by our customer service team when necessary.

10. DISPUTE RESOLUTION

You may always submit a complaint through your user account or by contacting our customer service department or by sending an email to support@tradeinn.com. Please indicate the reason for contacting Tradeinn and explain your case so that we can process your complaint, claim or suggestion.

In accordance with the provisions of Law 7/2017 of 2 November on alternative dispute resolution in consumer matters, where a complaint submitted directly by the consumer to the retailer cannot be resolved, in accordance with the applicable legislation, the retailer must provide the consumer with information as to whether it is a member of an alternative dispute resolution entity for consumer disputes or whether it is required by law or a code of conduct to participate in proceedings before a specific entity. We therefore provide below the relevant information on how you may properly submit your complaint.

We are members of Confianza Online (a non-profit association), registered in the National Register of Associations, Group 1, Section 1, national registration number 594400, Tax ID (CIF) G85804011, Calle de Velázquez 126, 4-1, 28006 Madrid (Spain). For more information: www.confianzaonline.es. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Law, consumers are informed that, as a member and under the terms of the Code of Conduct (https://www.confianzaonline.es/doc/codigo_etico_confianzaonline.pdf), Users may refer to Confianza Online for the alternative resolution of any disputes (https://www.confianzaonline.es/como-reclamar/formulario-de-reclamaciones/). If these disputes concern electronic transactions with consumers, or data protection where related to this area, complaints will be resolved by the Mediation Committee of Confianza Online, accredited for alternative dispute resolution in consumer matters. If the complaints concern digital advertising, or data protection related to this area, they will be submitted to the Advertising Jury of AUTOCONTROL. Pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for the online resolution of disputes between the customer and the service provider, without the need to resort to the courts, through the intervention of a third party, known as a dispute resolution body, which acts as an intermediary between the parties. This body is neutral and will communicate with both parties in order to reach an agreement and may ultimately suggest and/or impose a solution to the dispute. ODR platform link: http://ec.europa.eu/consumers/odr/

Likewise, if you are not satisfied with any aspect of the Service that could not be resolved by Tradeinn, you may, if you so wish, refer the matter to the relevant consumer protection authorities.

11. DISCLAIMER OF LIABILITY

Due to the open nature of the website and the possibility of errors occurring in the storage and transmission of digital information, we cannot guarantee the accuracy or security of information transmitted or obtained through this website unless expressly stated otherwise.

However, to the extent permitted by applicable law, Tradeinn shall not be liable for the following indirect or consequential losses, regardless of their origin: loss of income or sales, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or loss of management time or working hours. In any event, this shall not affect any rights to which consumers are entitled under applicable consumer protection legislation.

12. APPLICATION OF THESE TERMS AND CONDITIONS

12.1 Partial invalidity

If any of the provisions contained in these Terms and Conditions is declared null and void or unenforceable by a final decision issued by a competent authority, the remaining provisions shall remain in force and shall not be affected by such declaration of invalidity.

When Tradeinn exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to it.

12.2 Entire agreement

These Terms and Conditions and the documents referred to herein constitute the entire agreement between you and Tradeinn. We reserve the right to modify all or part of these Terms and Conditions at any time. Such modifications shall not have retroactive effect.

13. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by Spanish law. In the event of any conflict or dispute regarding their interpretation and/or application, the competent courts shall be those determined by the applicable legislation.

14. FORCE MAJEURE

Tradeinn shall not be liable for any failure to perform its obligations due to unforeseen circumstances or causes beyond Tradeinn’s control, including, but not limited to, riots, pandemics, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, lockouts or shortages of transport, facilities, fuel, energy, labour or materials. Tradeinn shall not be liable for any failure to perform or interruption of the Service to the extent that it is delayed or prevented by such causes, and for the entire period during which such circumstances persist.

15. DOCUMENTATION IN THE CASE OF THE MARKETING OF NON-HERMETICALLY SEALED EQUIPMENT CONTAINING FLUORINATED GASES

Part A: Declaration by the marketer of non-hermetically sealed equipment charged with fluorinated greenhouse gases that requires installation by authorised companies with certified personnel for its installation.

Download link: https://www.boe.es/buscar/act.php?id=BOE-A-2017-1679&tn=1&p=20170927#av-2

Part B: Declaration by the purchaser of non-hermetically sealed equipment charged with fluorinated greenhouse gases that requires installation by authorised companies with certified personnel for its installation.

Download link: https://www.boe.es/buscar/act.php?id=BOE-A-2017-1679&tn=1&p=20170927#av-2

GENERAL TERMS AND CONDITIONS OF BROWSING AND USE OF THE WEBSITE/APP

These General Terms and Conditions (hereinafter, the “Terms and Conditions”) specifically regulate and supplement the Terms and Conditions of Use and Purchase set out above, governing access to, use of and browsing on the Tradeinn website (hereinafter, the “Website”) and its verticals, as well as the APP.

In particular, purchases made through the Tradeinn APP shall be subject to the same Terms and Conditions as the Terms and Conditions of Use and Purchase set out above.

1. Access and USER status

If you do not agree to these Terms and Conditions governing browsing and use of the Website/APP, we recommend that you refrain from using or operating on either of them. Browsing the website constitutes acceptance of these Terms and Conditions. Tradeinn may modify the appearance and configuration of the Website, the information and legal documentation, and the services and content provided at any time.

2. Access and registration on the website

To complete a purchase, you may use the available express payment options without having to create an account. Alternatively, you may voluntarily register through “My Account > Create Account”. To do so, you must complete all the relevant forms, entering the required and mandatory information. The information provided must be truthful, accurate and complete, and you are responsible for keeping it up to date. By creating an account, you declare that you are over 18 years of age and have sufficient legal capacity to enter into contracts. Tradeinn shall not be responsible for the accuracy of the registration information provided.

Your account and access password are personal and non-transferable. Every registered user will have an access password created by themselves. You may change or recover your password at any time by following the procedure provided on the website. This password will remain encrypted in our systems to ensure its proper storage and prevent unauthorised access by third parties. You must immediately notify Tradeinn of any suspicion or knowledge of any unauthorised use of and/or access to your account.

3. Cancellation of the user account

You may cancel your account at any time by accessing the relevant section of your account available on the website. In any event, once the cancellation has been processed, you may request to register again, except in cases where you do not accept the Terms of Use and/or where there is an unresolved dispute between you and Tradeinn or a dispute that has ended with an acknowledgement of fault and/or negligence on the part of the user.

4. Terms applicable to links and hyperlinks

We cannot guarantee the content or information contained in links or hyperlinks (“links”) to other websites operated by third parties unrelated to Tradeinn that may appear on the website, nor can we guarantee their accessibility or the accuracy of their content. For this reason, Tradeinn shall be exempt from any liability for any type of damage or loss that may arise from their use.

5. Links from other websites to the service PROVIDER´S website

All information available on the Website and APP is owned by Tradeinn, and its commercial exploitation or use for advertising purposes is strictly prohibited. It is also prohibited to reproduce, distribute, transmit, adapt or modify, by any tool or means, either the contents of the Website or APP or their design.

6. Terms of use of the website

Both the Website and the APP must be used diligently and in accordance with their intended purposes. The user shall be solely responsible for accessing or using the website for illegal or unauthorised purposes, and, among other things, the following activities are prohibited:

- Using the Website to install or publish viruses or harmful programmes or files.
- Using the Website in a manner that may cause damage, interference or malfunction to Tradeinn’s computer systems.
- Breaching the security and/or authentication measures of the Website and/or any network connected to it.
- Registering under a false identity, impersonating third parties and/or carrying out any activity that could mislead other Users as to the identity of the original sender of a message.
- Using the Website to collect personal data from other Users.
- Preventing the proper development of an event, competition, promotion or any other activity that the service provider decides to carry out through the Website.
- Overloading the infrastructure of the Website or Tradeinn’s systems or networks, as well as any systems and networks connected to it.
- Using the Website in a manner that may be contrary to good faith, the law, morality or public order.

Any of these actions shall entitle Tradeinn to take the appropriate legal action to defend its rights and to delete and/or block the user’s account. We reserve the right to prevent you from accessing our website or to cancel your account if your behaviour constitutes a breach of these terms and conditions or applicable regulations, or is deemed contrary to good faith.

7. Responsibilities and warranties regarding use of the website

Tradeinn declares that it has adopted all necessary measures to ensure the proper functioning of the Website and APP and to reduce system errors, while providing the highest level of security for Users. Notwithstanding the foregoing, it cannot guarantee against any damage or loss caused to the user by any person who breaches the established terms and conditions. Tradeinn also cannot guarantee the usefulness or performance of the content of the Website or APP. Nor does it guarantee, where applicable, the legality, reliability, accuracy or usefulness of content supplied by third parties.

8. Intellectual and industrial property rights

Tradeinn owns and/or holds the corresponding licences or authorisations regarding the exploitation rights of the intellectual and industrial property relating to the design and programming of the Website, as well as the content offered therein. Under no circumstances shall access to and/or browsing of the Website grant Users the right to use such rights beyond what is strictly necessary to enjoy the services in accordance with the Terms of Use. The content of the website, as well as the copyright and intellectual property rights therein, belong to Tradeinn or its content providers. Any use of the Website or its content that may infringe intellectual and/or industrial property rights, and/or that may damage or impair its normal operation, the assets or rights of Tradeinn or its providers, other Users or, in general, any third party, is prohibited. References to trademarks, trade names or other distinctive signs imply a prohibition on their use without the express written consent of the service provider and/or their legitimate owners. All intellectual and industrial property rights over the content and/or services of the Website are reserved and, in particular, it is prohibited to modify, reproduce, publicly communicate, copy, transform or distribute, by any means or in any form, all or part of the content of the Website for public or commercial purposes without the express authorisation of Tradeinn. If the User becomes aware of any content that is unlawful, illegal or contrary to applicable laws, or that may constitute an infringement of intellectual and/or industrial property rights, they shall notify Tradeinn at the following email address: support@tradeinn.com.