Terms and Conditions
The following are the terms and conditions of use of Merkopolis.
1. INTRODUCTION:
1.A.
Whenever we use the term “you” we refer to you, the user who uses our website, tools and services and has agreed to the terms and conditions governing the same before registering. We may also refer to you as the user(s), the advertiser(s), the vendor(s), the buyer(s) or the purchaser(s).
1.B.
Whenever we use the term “we” or the term “Merkopolis”, we refer to us, the company providing the website, the services and the tools to which the terms and conditions refer to.
1.C.
The website is currently located at Merkopolis.com and its corresponding sub domains, although we reserve the right to relocate our website under a different domain and sub domains of our choice, on condition that the corresponding notice is given to our users.
1.D.
Merkopolis reserves the right to demand a modification of your user name and/or the name of the web address (URL) of your Merkopolis shop if decided, at our sole discretion, that the name(s) you have chosen could be identified or mistaken for a person or organization different to you/yours.
1.E.
Merkopolis has entered into affiliation agreements with third parties who are of assistance in promoting our site in return for a percentage of our earnings. These affiliates will possibly be given access to certain information concerning their earnings, such as user names and the specific income generated by Merkopolis for each of those users during specific periods of time.
1.F.
Merkopolis at present belongs to MERKAGUNE S.L.U. (T.I.N.: B01486919), a “Limited Company” administered by a sole person, but we reserve the right to modify its status (Sole proprietor, P.L.C., Cooperative, foundation, etc.) and/or subcontract it or sell it to a third party of our choice. MERKAGUNE S.L.U. can be contacted by email at central(at)merkopolis.com or by post at Plaza Lovaina 1, 4ºD, Vitoria 01008, Álava, Spain. Please substitute (at) with @ when sending us an email. We have resorted to the standard practice of using (at) instead of @ to avoid spam.
2. TO PURCHASE / SELL ITEMS ADVERTISED ON OUR WEBSITE:
2.A.
You acknowledge that Merkopolis cannot and will not have control over the contents or actions of its users. Merkopolis will only provide the advertisement space and the tools for advertisers, buyers and vendors to advertise and communicate with each other, the advertisers, buyers and vendors themselves being responsible for their own actions, including the provision or publishing of contents, the delivery of items sold/purchased and the payment of these items. You thereby commit yourself to not hold Merkopolis responsible for other users' content, actions or inactions, except where otherwise stated in our terms and conditions.
2.B.
The terms and conditions regarding a purchase/sale in all its modalities (the so called “Independent Sale”, “Merkopolis Sale” and “Merkopolis Sale Plus”) are listed in the corresponding forms whenever you publish an advertisement to sell (if you are a vendor), whenever you make an offer to a vendor (if you are a buyer) and/or sometimes when you accept an offer from a buyer (if you are a vendor that has accepted a “Merkopolis Sale Plus”). Please read these terms and conditions carefully before publishing an advertisement, before making an offer for an item advertised by a vendor or before accepting an offer to purchase your advertised item from a potential buyer. Please note that these Terms and Conditions you are now reading are only complementary to the terms and conditions that you will be asked to read and accept in the corresponding forms mentioned above each time you carry out any of these activities.
2.C.
Please note that, unless otherwise agreed upon by all the parties implicated (the vendor, the buyer and Merkopolis), Merkopolis is not involved in the actual transaction between buyers and vendors and cannot therefore be held responsible in the event of the same failing or being unsatisfactory for one or all the parties involved. In a so called “Independent Sale” (a sale/purchase where Merkopolis does not intervene as an intermediary, nor obtains any commission from the vendor or the buyer), Merkopolis only provides the advertising space and the communication and commercial tools for buyers and vendors to carry out their sales and purchases according to their own terms and conditions. Such terms and conditions shall not breach the Merkopolis Terms and Conditions expressed in this document.
2.D.
The buyer can contract, for security purposes, the intermediation services of Merkopolis in a purchase, providing the vendor offers this possibility in his/her advertisement and the three parties involved (The Vendor, The Purchaser and Merkopolis) agree to this intermediation taking place. This is what is called a “Merkopolis Sale”. In this modality of sale, a number of specific terms and conditions apply, as expressed in the corresponding forms completed by the vendor and the buyer to enter into this type of agreement with Merkopolis. Please also note that the advertisements that offer this modality of sale carry a specific icon with the letters MK in order to assist Merkopolis users to identify them.
2.E.
The vendor can contract, for security purposes and under certain conditions (for example, only items that exceed a certain price are admitted), the intermediation services of Merkopolis in a sale, provided that the purchaser has previously contracted a “Merkopolis Sale” and Merkopolis agrees to such intermediation. This is what is called a “Merkopolis Sale Plus”. In this modality of sale, a number of specific terms and conditions apply, as expressed in the corresponding forms completed by the vendor and the buyer to enter into this type of agreement with Merkopolis.
2.F.
Whereas we may help facilitate the resolution of disputes, we have no control over and do not guarantee the quality, safety, authenticity or legality of items advertised, the precision or accuracy of users’ content or advertisements, the ability or intention of vendors to deliver the items sold as advertised, the ability or intention of buyers to pay for the items purchased, nor that a buyer or vendor will actually complete a transaction or return an item. Neither can we guarantee that the track record of each buyer/vendor as it appears on our website has not been manipulated by the person in question or other users. If you enter into a dispute with one or more users, you release us from any claim, demand or damages arising from or in any way connected with such disputes.
2.G.
Whereas we may well investigate, to the best of our ability, any cases of potential fraud that are reported by our users and will take any action Merkopolis deems appropriate in each case, in accordance with our knowledge, experience, ability and/or criteria, you acknowledge that Merkopolis has fundamental limitations, as well as limited resources, to exercise such control, carry out any investigation or identify and prosecute any potentially fraudulent user and cannot therefore offer any guarantee to avoid certain users making use of our services and tools inappropriately in order to commit fraudulent actions against other users. You also acknowledge that Merkopolis cannot guarantee that those users found to be using our services and tools in a fraudulent manner, will be identified, found and/or prosecuted.
2.H.
You commit yourself to cooperate with the vendor/buyer, Merkopolis and the corresponding authorities during the resolution process whenever a conflict in which you are involved arises and cooperation is requested by the vendor/buyer, Merkopolis or the corresponding authorities. This may possibly include, among other actions, the provision of appropriate documentation requested by the parties involved, if such information is available, and the return of an item to the vendor or to Merkopolis or of a payment to a buyer or to Merkopolis at any time, in accordance with the sole discretion of Merkopolis, should these actions be justified and requested.
2.I.
Please take into account that the official currency of Merkopolis is the Euro. This means that prices will always been advertised in Euros and any other currency should be interpreted by the user as merely for reference purposes. The conversion of the Euro into a second currency will fluctuate in accordance with the latest rates of exchange of the Euro into the said currencies that have been introduced into our system. Although we will update this information regularly, we cannot guarantee that it will be done on a daily basis, and for that motive could be inaccurate. The only price 100% accurate will be those reflected in Euros.
2.J
Should any conflict arise between two users as a consequence of the text of an advertisement or a message and Merkopolis has accepted to be an intermediary, the user recognizes that only texts written in the Merkopolis official languages will be taken into consideration by Merkopolis in its investigation. All texts written in other languages will be ignored for this purpose, except where Merkopolis, using its own criteria, determines to the contrary. It will be the user therefore, who will have to make sure that any important information is expressed in one of the Merkopolis official languages and that there are no incongruities in the advertisements written in several languages. If this is not observed, Merkopolis will not be held responsible for any detriment the user could suffer as a consequence. The languages represented at Merkopolis are those listed on our homepage at www.merkopolis.com.
3. YOU ARE UNAUTHORIZED AND THEREFORE AGREE NOT TO:
3.A.
You are unauthorized and therefore agree not to use our services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using our services;
3.B.
You are unauthorized and therefore agree not to publish content or advertisements in an inappropriate category or area of our website;
3.C.
You are unauthorized and therefore agree not to publish a lower price for an item to be auctioned than the one you are willing to accept, with the sole intention of attracting bids from other users;
3.D.
You are unauthorized and therefore agree not to refuse an offer of purchase from a potential buyer unjustifiably (a reason for any refusal must always be given if requested by Merkopolis. In the event of Merkopolis concluding that the reason given is unjustifiable, your membership to our website may be ceased);
3.E.
You are unauthorized and therefore agree not to fail to make payment for items purchased by you, once confirmation of purchase/sale by both parties has been made;
3.F.
You are unauthorized and therefore agree not to fail to deliver items purchased from you, once confirmation of purchase/sale by both parties has been made, except in the event of the buyer failing to honour his/her commitments regarding payment;
3.G.
You are unauthorized and therefore agree not to fail to honour any of the terms or conditions of purchase/sale agreed upon with a vendor/buyer/Merkopolis;
3.H.
You are unauthorized and therefore agree not to use a communication channel to communicate with a buyer/vendor different to the one provided by Merkopolis for this purpose whenever you are involved in a “Merkopolis Sale” or a “Merkopolis Sale Plus”. If you do so, Merkopolis will have no reliable record of such communication and, under the sole discretion of Merkopolis, you may lose your rights to a claim in the event of a conflict arising;
3.I.
You are unauthorized and therefore agree not to infringe any of the terms or conditions regarding a purchase/sale listed in the corresponding forms, as expressed above in this same document;
3.J.
You are unauthorized and therefore agree not to deliver any item as a vendor which does not correspond to the actual item described in the corresponding advertisement published by you;
3.K.
You are unauthorized and therefore agree not to deliver any item without the necessary physical protection to avoid damage in transit;
3.L.
You are unauthorized and therefore agree not to publish false, inaccurate, misleading, defamatory or illegal content;
3.M.
You are unauthorized and therefore agree not to transfer your Merkopolis account to another person without our consent;
3.N.
You are unauthorized and therefore agree not to publish or post spam, unsolicited or bulk advertisements or electronic communications;
3.O.
You are unauthorized and therefore agree not to publish one same item for sale on different advertisements;
3.P.
You are unauthorized and therefore agree not to distribute viruses or any other technologies that may harm Merkopolis or the interests of our users;
3.Q.
You are unauthorized and therefore agree not to use any robot, spider, scraper or other automated means to access Merkopolis for any purpose without our express hand written permission;
3.R.
You are unauthorized and therefore agree not to collect, copy, modify or distribute content from Merkopolis or information about our users without our/their consent;
3.S.
You are unauthorized and therefore agree not to take any action that may, in our sole discretion, impose a disproportionately large load on our infrastructure, cause any damage to our website or interfere with the proper working order of Merkopolis;
3.T.
You are unauthorized and therefore agree not to bypass any of our technical or other measures to prevent or restrict access to Merkopolis;
3.U.
You are unauthorized and therefore agree not to infringe upon the copyright, trademark or other rights of third parties (if you believe that your rights have been violated, please notify Merkopolis and we will investigate and take the necessary actions when appropriate);
3.V.
You are unauthorized and therefore agree not to cause problems to Merkopolis or its users, such as making false offers for items without the intention to purchase them or sending communications that have no direct connection with the advertisement of the vendor in question;
3.W.
You are unauthorized and therefore agree not to use our tools to vote for, recommend or veto other users falsely and unjustifiably with the sole purpose of prejudicing or benefitting them;
3.X.
You are unauthorized and therefore agree not to use one or several Merkopolis accounts falsely in order to manipulate your track record as a buyer or a vendor or to make offers in order to falsely pretend that an item has generated interest in other user(s);
3.Y.
You are unauthorized and therefore agree not to use key words in our publication forms unrelated to your advertisement;
3.Z.
You are unauthorized and therefore agree not to publish email addresses or telephone numbers on our website, except where otherwise indicated by Merkopolis;
3.Z.A.
You are unauthorized and therefore agree not to advertise items for sale under the “Free advertisement section”;
3.Z.B.
You are unauthorized and therefore agree not to publish general advertisements such as “Antiques for sale”, “Cars for sale” or “Houses for sale”, but advertise instead specific items that can be priced by the vendor and purchased by the buyer;
3.Z.C.
You are unauthorized and therefore agree not to choose a zone for the advertisement different to where the actual item for sale is located, independent of where the vendor is located;
3.Z.D.
You are unauthorized and therefore agree not to have misleading titles that do not accurately describe the item for sale;
3.Z.E.
You are unauthorized and therefore agree not to charge a disproportionate amount for shipping with respect to the actual costs incurred by you with the company in question, excepting in the case of an exchange, where the mentioned delivery costs could be used to compensate a difference in price between the two exchanged articles;
3.Z.F.
You are unauthorized and therefore agree not to charge taxes that you are unauthorised to charge by law;
3.Z.G.
You are unauthorized and therefore agree not to violate any laws, third party rights or our Terms and Conditions.
4. CONTENT PROVIDED BY YOU:
4.A.
When you give us or publish content (Written, graphic, video, audio or in any other format), you grant us the authorization to host, exhibit and handle such content at no cost to us.
4.B.
You are unauthorized to publish content at Merkopolis whose copyright, intellectual property, rights of publication / broadcast / exhibition / reproduction / editing / sale / or administration do not entirely correspond entirely to you, with the exception that prior and express authorization has been obtained from all other parties concerned and they have been duly informed by you that there will not be any kind of economic reimbursement on behalf of Merkopolis for the said publication. In the case of infringement of this rule, you will assume full legal responsibility for the said infraction. Merkopolis will assume no responsibility for the infringement of the rights of any content published on its pages by the users who publish it nor the users who visit it, and is committed to taking the pertinent measures and to collaborate with the appropriate authorities in the case that such an infraction has taken place.
4.C.
You are responsible for the authorship and veracity of the information you provide.
4.D.
You have the right to eliminate any content published by you on our website and revoke your authorisation for us to host, exhibit and handle the content you have provided at your discretion, except in the event of a dispute with Merkopolis or in the event of a claim having been made against you by another user, in which case Merkopolis may keep a copy of such content until the dispute has been fully resolved.
4.E.
On our website it is not authorized to publish false, offensive or illegal contents, and under no circumstance will Merkopolis be responsible for the same. I.e., insults, libel, intentional misinformation, intimidation, justification of violence, infringement of copyright, the distribution of advertising emails to users without their prior and explicit authorization, the carrying out or provocation of illegal or criminal activities, the publishing of degrading content, etc. are all forbidden. Merkopolis reserves the right to eliminate contents that, for the reasons previously stated, are considered inappropriate for its interests or the interests of its users. Merkopolis, in addition, reserves the right to expel the user responsible for the infractions mentioned and to take the appropriate legal actions deemed necessary in the event of infringement of the law. The user in question will have to compensate Merkopolis for any economic loss or sanction paid, including legal expenses, as a result of this breach of law.
5. FEES AND SERVICES:
5.A.
All services offered by Merkopolis and their corresponding fees, whenever there are fees associated to our services, are clearly shown on our website for inspection by the user before contracting them.
5.B.
Once any of our services has been contracted and paid for, the user will have no right to a refund in the event of not making use of such services or being unsatisfied with them.
6. THE SUBSCRIPTION PERIOD:
6.A.
The subscription period covered by this agreement will commence when you complete the corresponding registration form and accept the terms and conditions stated therein and will end the moment you deregister.
6.B.
Merkopolis reserves the right to establish a date of termination of the subscription period and, consequently, of this agreement. In this event, you will be given notice of no less than 30 days in order that you may complete any transaction you are involved in at the time of any such announcement.
6.C.
In the event of your membership being ceased by Merkopolis, you will be entitled to a refund of the proportionate amount of money paid by you for any services contracted from us that had not been fully used at the time of the ceasing of your membership.
6.D.
In the event of an infringement of our terms and conditions by you, Merkopolis may cease your membership and terminate this agreement without any prior notice. If this was to happen, you will not be entitled to any compensation or refund.
7. COMMUNICATION FROM MERKOPOLIS AND OTHER USERS:
7.A.
For communication purposes between client and company, you consent Merkopolis to send you communications regarding Merkopolis by electronic mail with the frequency that Merkopolis considers appropriate at its discretion.
7.B.
You may, from your registration form and/or user intranet, establish whether or not you wish to receive via electronic mail communications regarding other users. If you opt for not receiving them via email, communications will be sent to you exclusively via the communication tools of our website (excepting the few cases relating to certain tools such as “sending an email to a friend”). You will be able to revoke your decision from your user intranet at any time should you wish to do so.
7.C.
Communication concerning companies associated with Merkopolis will only be sent to you by electronic mail if you have given your explicit prior consent. You authorize Merkopolis to contact you via electronic mail in order to request this consent if the case should present itself.
7.D.
All notifications between the parties (Merkopolis, you and other Merkopolis users) will be considered carried out and fully effective when they are made by electronic mail or by means of the communication tools available at our website.
7.E.
You will be responsible for the electronic mail address provided on the registration form being both valid and operative and for the substitution of the current electronic mail address with a new valid one, via your user intranet, should the previous address no longer meet this requirement.
7.F.
The electronic mails from Merkopolis may include advertising by Merkopolis or by third parties without this communication being headed by the word “advertising” or “publicity” or containing any reference to the same.
8. PRIVACY POLICY:
8.A.
You can browse our website anonymously without revealing any personal information regarding yourself. However, once you register and give us your personal information, you will no longer be anonymous.
8.B.
Once registered, you consent to the transfer and storage of any information you give us or publish on our website (including any information sent to other users using our various communication tools) on to our servers, located in Spain at www.arsys.es. Furthermore, you consent to and accept that all information sent to Merkopolis through the various publication channels, including all information sent to us on your registration form, will automatically be made public on our website, with the exception of information where Merkopolis has explicitly stated otherwise.
8.C.
We employ standard security measures to ensure the safety of your personal information. No company, however, can provide 100% protection and Merkopolis is no exception. We will therefore not be held responsible in the event of third parties accessing or unlawfully making use of your personal information.
8.D.
We resolve not to sell nor rent your personal information to third parties for marketing purposes without your explicit consent.
8.E.
We will reveal your personal information to other Merkopolis users to assist transaction and communication. However, unless explicitly stated to the contrary, the following details will only be revealed to the purchaser/vendor in question when you have entered into a potential commercial transaction with him/her: name and surname, email address, physical delivery address, telephone numbers, financial details and Tax Identification Number or T.I.N.. The only exception being when the actual information has been made public by you.
8.F.
We may disclose your personal information to companies or individuals directly or indirectly involved in the delivery of our services to you, including our own personnel and our Internet Server Provider for our own operations only and rigorously under confidential restrictions.
8.G.
We may disclose personal information to enforce our terms and conditions or respond to legal requirements or claims from other users regarding you. In this respect, we may share your personal information with proven law enforcement and government officials who conduct criminal investigations, as well as with companies or individuals employed by Merkopolis to investigate you and/or any other Merkopolis user you may have been involved with in an alleged case of illegal or fraudulent activity. In these events, we will disclose any information we may have available regarding you (name, address, email address, IP address, telephone number, user history, etc.).
8.H.
We will allow you to modify and update your personal information directly via your own user intranet. However, some information previously shared by you with Merkopolis or other users via our communication tools and common areas of our website could remain unchanged. In this respect, please note that whenever a user of Merkopolis modifies his/her user name, all messages related to that user at your communication centre (a section of your user intranet where all messages sent and received are stored) will also reflect that amendment, in such a way that the new user name will appear instead of the old one.
8.I.
We will provide you with adequate notice if our privacy policy changes so that you may, if you disagree with such changes, cease your membership and, when appropriate, demand a refund of the proportionate amount paid by you for any services contracted from us that have not been fully used.
8.J
Merkopolis may collect and store any personal information that you provide us with, as well as any personal information shared by you with other users on our website or that was generated as a consequence of your browsing through our website, including name and surname, user name, email address, physical address, IP address, telephone number, Bank Account number and other financial information, information related to sales/purchases and to your communication with other users, navigation data, computer and connection information, etc.
8.K.
We may use the information available to us regarding you to improve and personalize our services, content and advertising. For this same purpose, we employ small files placed on your hard drive, generally known as cookies. Although most cookies are 'session cookies' (automatically deleted from your hard drive at the end of a session), some are not. However, if at any point you are apprehensive about this issue and wish to ascertain there are no cookies on your computer, please note you can delete all cookies with a tool, to be found on your browser, specifically devised for this purpose. We also take this opportunity to note that Merkopolis cannot be held responsible for cookies placed on your computer by other users, for example, when accessing their own personal websites.
8.L.
Information about you will be disclosed by Merkopolis in accordance with applicable laws and regulations.
8.M.
We may disclose personal information to other companies, should we plan to merge with or be acquired by those companies.
8.N.
Any person visiting our website can see your user history (user name, bids, purchases, sales, items on sale, votes, references and vetoes issued or received with corresponding comments, documents, photos and any other information published by you on your Merkopolis public website, etc.).
8.O.
Please note that although we encourage you to reveal information regarding yourself to other users to gain their confidence, much of the information we request from you to provide through our various forms is voluntary and it is therefore your decision whether to reveal it or not.
8.P.
For security reasons, if you access our website from a shared computer or a computer located in a public space, we strongly recommend that you click on the “log off” link to be found at the top of our website after finishing your session if you wish to avoid other users of the same computer accessing your Merkopolis account. “Logging off” will ensure the removal of all session cookies and eliminate all trace of your browsing through Merkopolis on that particular computer.
8.Q.
You can only collect and store personal information from other Merkopolis users with their explicit consent. In the event of you having collected and stored personal information from other Merkopolis users, you must give them the opportunity to examine what information you have collected about them, as well as a chance to remove it from your database. Furthermore, you agree not to use this information for purposes other than those consented to by the users in question and under no circumstances will you give nor sell to third parties that information nor use it to send spam (unsolicited emails, usually with publicity purposes and sent in vast quantities) nor for any other illegal activity.
8.R.
Whenever you use our communication tools to send an email to a third party of your choice, please note that it will bear the logo and other information regarding Merkopolis. However, it will be you, and not Merkopolis, the sole responsible for sending this email, for the contents of the same and for any legal consequences sending it could incur. Furthermore, it will not be the email address of Merkopolis, but your own email address (the one stored by Merkopolis) which will be revealed to the recipient of your email. Please also note that Merkopolis will not store the email address of the recipient.
8.S.
Merkopolis cannot be held responsible for a third party being able to access your Merkopolis account by discovering, deducing or stealing your access password. In order to minimise such risk, we would advise you to use unique combinations of numbers, letters and other characters and under no circumstances to reveal your password to a third party or store it in any place of easy access to others, including your own computer. Bear in mind that you are responsible for all actions taken in the name of your Merkopolis account and that if you lose control of your password, you may be subject to legally binding actions taken on your behalf. In the event of a third party having used your account without your consent, you must immediately change your password from your user intranet and notify the incident to Merkopolis.
8.T.
You will be able to deregister from Merkopolis at your own discretion from your own user intranet, an action that will imply a deletion of all information related to you from all public places throughout our website (advertisements, user history, photos, documents, etc.). However, a record of any messages sent by you to other users or by other users to you (messages that will be accompanied by your last username before deregistration took place), will remain in the communication centre of the intranet of those Merkopolis users with whom you have held communication in the past until the said users decide on deregistering or deleting the messages in question. This will also apply to any messages sent by you to public forums, in the event of Merkopolis offering public forums on its website to its users.
8.U.
In the event that you cease your membership, please note that Merkopolis will retain personal information from closed accounts in compliance with the law, to collect any outstanding fees, resolve problems and disputes, prevent fraud, assist with or carry out any investigations and take other actions otherwise permitted by law. Merkopolis in addition reserves the right to retain the name, email address and IP address of any user who has been expelled for infringing our terms and conditions and prejudicing the interests of other users. The retention of such details will be exclusively used to avoid that particular user attempting to rejoin our website. You may, on the other hand, contact Merkopolis and insist on the physical elimination of all information concerning you (except that sent voluntarily to other users and/or in public forums, as explained in paragraph 8.T.). We will comply with your demand within a period of 30 days from the date of receipt, providing you are not the subject of any claim or investigation.
8.V.
Merkopolis adheres to the standards outlined in the Spanish Organic Law 15/1999, December 13, PROTECTION OF PERSONAL DATA (LOPD) and has implemented all security measures required by this law in order to protect any personal information entrusted to Merkopolis by its users. The user will at any time be able to exercise the rights recognized in the LOPD, to access, rectify, cancel or oppose his/her personal data. The exercise of these rights can be made by the user from his/her own User Intranet at the section “Add, modify or delete information” at our webpage. In addition users can exercise these rights under the terms and conditions applicable which can be consulted at www.agd.es.
8.W.
Any personal information provided by you to Merkopolis through our website has been incorporated into the corresponding file and registered with the AEPD (Spanish Agency for Date Protection).
8.X.
The person responsible for the database or data processing is Arturo Tirador, sole administrator of MERKAGUNE S.L.U., who can be contacted by email at central(at)merkopolis.com or by post at Plaza Lovaina 1, 4ºD, Vitoria 01008, Álava, Spain. Please substitute (at) with @ when sending us an email. We have resorted to the standard practice of using (at) instead of @ to avoid spam.
8.Y.
You have the right to obtain information regarding your data and to request its rectification or cancellation at any time by means of any type of written communication directed to Merkopolis using any method which confirms the request having been sent and received.
9. MERKOPOLIS WILL NOT BE RESPONSIBLE FOR:
9.A.
Merkopolis will not be responsible for the adaptability of our service to your expectations.
9.B.
Merkopolis will not be responsible for the misuse of the service by you or other users with or without authorization.
9.C.
Merkopolis will not be responsible for the lack of service performance caused by installations, hardware or software used by you.
9.D.
Merkopolis will not be responsible for the veracity, accuracy, precision or legality of the information published on our website by you or other users.
9.E.
Merkopolis will not be responsible for your possible loss of profits or damage to your reputation.
9.F.
Merkopolis will not be responsible for the suspension of services owing to acts of God, amongst which the following are given as examples: accidents, natural disasters, electrical failure, fire, terrorist attacks, legal orders, server failures, telecommunications failures, etc.
9.G.
Merkopolis will not be responsible for the illegal and unauthorized appropriation of personal information by third parties, except in case of negligence or failure to comply with the corresponding normative by Merkopolis.
9.H.
Merkopolis will not be responsible for the involuntary loss or deletion of information regarding you by causes such as computer or server errors, wilful destructive attacks by third parties, etc. (you are responsible for the making of secure copies of all contents published at our website that you deem necessary).
9.I.
Merkopolis will not be responsible for the non-compliance of any declaration of intentions proposed by Merkopolis on any other page of its website not contained in the regulations set out in this document, excepting the specific cases explained in our Terms and Conditions.
10. SERVICE BEING INTERRUPTED OR DISCONTINUED:
10.A.
Merkopolis commits to maintaining in perfect condition the installations and equipment necessary for the provision of the service subscribed. However, as the necessary infrastructure for their proper functioning is not entirely under Merkopolis control, we cannot guarantee continuous or secure access to our website, services or tools and will not hold responsibility for server damages or malfunction due to causes beyond our control. Merkopolis will communicate to all users, whenever foreseeable and with reasonable notice, by means of electronic mail, any service interruption that may occur due to updates and/or maintenance whenever possible. In the case where Merkopolis has been temporarily out of service for maintenance reasons or for reasons of another nature, the users who have paid a fee for a subscription period will have the right to request an extension of their subscription period corresponding to the time of service interruption.
10.B.
Merkopolis reserves the right to close its website to the public. Should Merkopolis discontinue its services, the maximum compensation users would have a right to is the refund of the proportional part of the amount paid for the remaining period of the contract and the services contracted and unused, should any amount have been paid.
10.C.
We are not liable for any loss of money, goodwill or reputation, or any consequential damages arising, directly or indirectly, from your use of or misuse of our website, services and tools. Nevertheless, if we are found to be liable, our liability to you or any third party is limited to the greater of (a) the total fees paid to us (not to our users, but directly to Merkopolis) in the 12 months prior to the action giving rise to the liability, and (b) 100 Euros.
11. MODIFICATIONS TO OUR WEBSITE AND OUR TERMS AND CONDITIONS:
11.A.
Merkopolis reserves the right to make general or superficial modifications, such as grammatical corrections, to its terms and conditions, provided that changes are published in full on the corresponding forms utilized by you to carry out new actions on our website. We also reserve the right to implement any other modifications, including those necessary to adjust to any changes applicable in legislation. When these modifications constitute a significant change in respect to the original Terms and Conditions approved by you, you will be duly informed by electronic mail and, whenever possible, will receive a 30 day notice before the reformed Terms and Conditions are applied. In the event that you disagree with the same and decide to cease as a member of our website, Merkopolis would refund the proportional amount paid in accordance with the remainder of the contract and the services contracted and unused, should any amount have been paid. Alternatively, Merkopolis could rectify and decide to apply to you the original terms and conditions already approved by you.
11.B.
You can request that Merkopolis informs you of any future modification made to its Terms and Conditions, including general or superficial modifications.
11.C.
Merkopolis reserves the right to make technical, structural, aesthetic or functional modifications to its website provided the changes are justified by reasons or motives not contradicting the essence or the “raison d’etre” of its website. In the event of any other modifications, you will hold the right to cease as a member and claim a refund of the proportional part of the remainder of the contract and the services contracted and unused, should any amount have been paid.
12. REGARDING COMPENSATIONS AND REFUNDS:
12.A.
We reserve all rights of admission to our website as well as the right to expel you or rescind your contract for any reason considered appropriate, at our sole discretion, including causes of an administrative, technical, economic or legal nature, giving you the corresponding notice as already stated in this document. In the event that you have paid a sum of money, you will have the right to receive a refund of a proportional part of the amount paid for the remainder of the contract and the services contracted and unused, except where indicated otherwise in this document. Merkopolis may revoke the contract without paying any compensation in the event of your using our services free of charge.
12.B.
You will have the right to rescind your contract and cease to be a member of Merkopolis whenever you see fit. However, you will have no right to a refund of any amount paid, except in the events otherwise indicated in this document.
12.C.
If the contents published by you on our website were unrightfully eliminated by Merkopolis and were not replaced within a subsequent maximum period of 10 days after reporting the incident, you will be entitled to cease your membership to our website and demand a refund of a proportional part of the amount paid for the remainder of the contract and the services contracted and unused.
12.D.
In the event of our website experiencing severe technical malfunction preventing you from performing the normal functions for which you have contracted our services and these malfunctions not being corrected within a maximum period of 10 days after reporting the incident, you will be entitled to cease your membership of our website and demand a refund of a proportional part of the amount paid for the remainder of the contract and the services contracted and unused.
12.E.
In the event of Merkopolis failing to fulfil any commitment established in this document and, following notification of this breach by you, not applying the corresponding corrective measures within a maximum period of 10 days, you will be entitled to cease your membership to our website and demand a refund of a proportional part of the amount paid for the remainder of the contract and the services contracted and unused.
12.F.
In the event of Merkopolis varying the rules set out in this document and you, considering yourself directly prejudiced by the said change and having expressed in writing your disagreement with the same, not having obtained the corresponding rectification by Merkopolis within a maximum period of 10 days, you will be entitled to cease your membership to our website and demand a refund of a proportional part of the amount paid for the remainder of the contract and the services contracted and unused.
13. PROHIBITED AND RESTRICTED ITEMS:
13.A.
Merkopolis will not be held responsible in the event of your selling or purchasing items that are prohibited by law either in Spain, the European Union or the country of origin or destination or items resulting dangerous, sensitive or being subject to import/export restrictions. If in doubt, we recommend that you read the relevant legislation or ask the corresponding authorities for advice. We reserve the right to eliminate any advertisement from our website, at our own discretion, if we consider it illegal, offensive or contrary to the spirit of our community. Should this be the case, the user whose advertisement has been deleted will have no right to a refund or compensation of any kind.
13.B.
The following is not an exhaustive list of items that cannot be advertised at Merkopolis, but just examples to help you understand our policy: items that infringe the intellectual property rights of third parties, such as copyrighted or patented material and trademarks (including items that are intended for sale in a particular territory or country and not in others); weapons and related articles except decorative or collectible items explicitly allowed by law; items that encourage hatred, violence, racial or religious intolerance, or items that endorse organizations with such views; some medical items such as contact lenses or items that are not approved for over-the-counter sale without a prescription; illegal or obscene adult material such as child pornography, child erotica, bestiality, necrophilia, rape, scat and incest (real or fictionalized); used sex toys; services that involve any sexual activity; links to websites that show items unauthorised at Merkopolis; certain animals and related items such as ivory (excepting items made before 1900 containing 5% or less of real ivory), predators and protected species, marine mammals, cats under six weeks old or dogs under eight weeks old, poisonous insects, hatching eggs of endangered species, migratory birds, snakes or turtles, any part, including skins, or items made from endangered species, cats or dogs; unauthorised copies or reproductions of works of art; certain artifacts, grave-related items, Native American arts and crafts, and other related items, except where all legal requirements are met; certain catalytic converters and test pipes prohibited by law; cell phone service contracts, except where all legal requirements are met; counterfeit currency and stamps, as well as the equipment to make them; items which the seller is not permitted to sell due to contractual obligations entered into with a third party (for example, an airplane ticket); used cosmetics (for health reasons); credit cards (excepting old credit cards whose expiry date is at least 10 years old); narcotics, steroids or other controlled substances, as well as items that are primarily intended or designed for use in manufacturing, concealing or using a controlled substance; illegal drugs, compounds or substances, as well as legal substances described in the advertisements as elements that could be used or manipulated to cause similar effects; certain electronics equipment prohibited by law (for example, radar detectors); electronic surveillance equipment designed primarily to record the private oral, wire or electronic conversations of others without their knowledge or permission; items sold to countries with which trade is forbidden; unlawful event ticket resale; food items whose expiry date is not clearly marked, have already expired, have been manipulated or stored unsafely; certain military items that are prohibited by law; official internal, non-public documents, manuals, or other materials related to mass commercial public transportation; any article of clothing, identification or other items related to transportation security or employment with any transportation related industry; government IDs and licenses, or items that claim to be, or that look similar to, government identification documents; most hazardous materials (such as fire extinguishers, Freon, and radioactive materials); humans, the human body, or any human body parts; items or links to items that encourage, promote, facilitate or instruct others to engage in illegal activity; lock picking or lock smithing devices; lottery tickets; names, addresses, phone numbers, email addresses or other personal identifying information, as well as tools or software specifically designed to send unsolicited commercial messages (spam); multi-level marketing programs (including online payment randomizers), matrix, pyramid, Ponzi schemes, and all similar programs; pesticide products, excepting where all legal requirements are met; noxious weeds and prohibited seeds; law enforcement badges or official law enforcement equipment from any public entity; Postage meters; coin-operated slot machines sold to countries where they are not permitted; stock or other securities; stolen property or items with altered or removed serial numbers; tobacco, cigars, cigarettes (of any type, not limited to tobacco), smokeless tobacco, or coupons for tobacco items sold to countries where its sale is not permitted (such as the United States).
14. IN THE EVENT OF A USER INFRINGING THE TERMS AND CONDITIONS OF MERKOPOLIS:
14.A.
Without limiting any other actions, we may suspend or terminate our service, remove hosted content and take technical and legal steps to keep users off our website if we consider they are infringing our terms and conditions or the spirit in which these terms and conditions have been devised.
14.B.
You will indemnify and relieve us from any responsibility in the event of any claim or demand against Merkopolis, made by any third party arising from your breach of this Agreement, or your violation of the rights of a third party or any law. Such indemnification will include our lawyers’ fees.
15. IF A DISPUTE ARISES BETWEEN YOU AND MERKOPOLIS:
15.A.
If a dispute arises between you and Merkopolis, we would strongly advise you to contact us to attempt to resolve the dispute before resorting to any alternative modus operandi. In the event of not arriving at a solution agreeable to both parties, we would advise you to seek alternative dispute resolution procedures, such as mediation or arbitration, opting for litigation as a final option.
15.B.
In the event of either party choosing arbitration to resolve a dispute, the said arbitration will be carried out by an established alternative dispute resolution ('ADR') provider mutually agreed upon by both parties. The ADR provider and the parties must comply with the following rules: a) the arbitration will be conducted online and be solely based on written submissions b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be submitted to the court of competent jurisdiction mentioned on paragraph 15.F.
15.C.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
15.D.
Legal notices to Merkopolis will be served on MERKAGUNE S.L.U., by registered post to Plaza Lovaina 1, 4ºD, Vitoria 01008, Álava, Spain. In the event of us failing to accept legal notice by post, an email sent to and received at central(at)merkopolis.com will be deemed as an acceptable alternative. Please substitute (at) with @ when sending us an email. We have resorted to the standard practice of using (at) instead of @ to avoid spam.
15.E.
Legal notices to you will be served by registered post to the address given on your registration form. In the event of your failing to accept legal notice by post, an email sent to and received at the email address given by you to Merkopolis will be deemed as an acceptable alternative.
15.F.
Both parties submit themselves, expressly renouncing any other code of law that could be applied, to the jurisdiction of the Courts and Tribunals of Vitoria-Gasteiz, in order to exercise any action derived from the interpretation, execution or observance of the present terms and conditions. If, for any reason, an authorized court of law were to find that a part of this contract should not be applicable, the remainder of the contract would continue to be valid and applicable in its entirety.
15.G.
All claims brought against Merkopolis must be resolved in accordance with our Terms and Conditions. Should you file a claim contrary to our Terms and Conditions, Merkopolis may well recover lawyers’ fees and costs up to 1000 Euros, provided that Merkopolis has notified you in writing of the improperly filed claim, and you have failed to withdraw the claim within 10 days from the date of notification.
1. INTRODUCTION:
1.A.
Whenever we use the term “you” we refer to you, the user who uses our website, tools and services and has agreed to the terms and conditions governing the same before registering. We may also refer to you as the user(s), the advertiser(s), the vendor(s), the buyer(s) or the purchaser(s).
1.B.
Whenever we use the term “we” or the term “Merkopolis”, we refer to us, the company providing the website, the services and the tools to which the terms and conditions refer to.
1.C.
The website is currently located at Merkopolis.com and its corresponding sub domains, although we reserve the right to relocate our website under a different domain and sub domains of our choice, on condition that the corresponding notice is given to our users.
1.D.
Merkopolis reserves the right to demand a modification of your user name and/or the name of the web address (URL) of your Merkopolis shop if decided, at our sole discretion, that the name(s) you have chosen could be identified or mistaken for a person or organization different to you/yours.
1.E.
Merkopolis has entered into affiliation agreements with third parties who are of assistance in promoting our site in return for a percentage of our earnings. These affiliates will possibly be given access to certain information concerning their earnings, such as user names and the specific income generated by Merkopolis for each of those users during specific periods of time.
1.F.
Merkopolis at present belongs to MERKAGUNE S.L.U. (T.I.N.: B01486919), a “Limited Company” administered by a sole person, but we reserve the right to modify its status (Sole proprietor, P.L.C., Cooperative, foundation, etc.) and/or subcontract it or sell it to a third party of our choice. MERKAGUNE S.L.U. can be contacted by email at central(at)merkopolis.com or by post at Plaza Lovaina 1, 4ºD, Vitoria 01008, Álava, Spain. Please substitute (at) with @ when sending us an email. We have resorted to the standard practice of using (at) instead of @ to avoid spam.
2. TO PURCHASE / SELL ITEMS ADVERTISED ON OUR WEBSITE:
2.A.
You acknowledge that Merkopolis cannot and will not have control over the contents or actions of its users. Merkopolis will only provide the advertisement space and the tools for advertisers, buyers and vendors to advertise and communicate with each other, the advertisers, buyers and vendors themselves being responsible for their own actions, including the provision or publishing of contents, the delivery of items sold/purchased and the payment of these items. You thereby commit yourself to not hold Merkopolis responsible for other users' content, actions or inactions, except where otherwise stated in our terms and conditions.
2.B.
The terms and conditions regarding a purchase/sale in all its modalities (the so called “Independent Sale”, “Merkopolis Sale” and “Merkopolis Sale Plus”) are listed in the corresponding forms whenever you publish an advertisement to sell (if you are a vendor), whenever you make an offer to a vendor (if you are a buyer) and/or sometimes when you accept an offer from a buyer (if you are a vendor that has accepted a “Merkopolis Sale Plus”). Please read these terms and conditions carefully before publishing an advertisement, before making an offer for an item advertised by a vendor or before accepting an offer to purchase your advertised item from a potential buyer. Please note that these Terms and Conditions you are now reading are only complementary to the terms and conditions that you will be asked to read and accept in the corresponding forms mentioned above each time you carry out any of these activities.
2.C.
Please note that, unless otherwise agreed upon by all the parties implicated (the vendor, the buyer and Merkopolis), Merkopolis is not involved in the actual transaction between buyers and vendors and cannot therefore be held responsible in the event of the same failing or being unsatisfactory for one or all the parties involved. In a so called “Independent Sale” (a sale/purchase where Merkopolis does not intervene as an intermediary, nor obtains any commission from the vendor or the buyer), Merkopolis only provides the advertising space and the communication and commercial tools for buyers and vendors to carry out their sales and purchases according to their own terms and conditions. Such terms and conditions shall not breach the Merkopolis Terms and Conditions expressed in this document.
2.D.
The buyer can contract, for security purposes, the intermediation services of Merkopolis in a purchase, providing the vendor offers this possibility in his/her advertisement and the three parties involved (The Vendor, The Purchaser and Merkopolis) agree to this intermediation taking place. This is what is called a “Merkopolis Sale”. In this modality of sale, a number of specific terms and conditions apply, as expressed in the corresponding forms completed by the vendor and the buyer to enter into this type of agreement with Merkopolis. Please also note that the advertisements that offer this modality of sale carry a specific icon with the letters MK in order to assist Merkopolis users to identify them.
2.E.
The vendor can contract, for security purposes and under certain conditions (for example, only items that exceed a certain price are admitted), the intermediation services of Merkopolis in a sale, provided that the purchaser has previously contracted a “Merkopolis Sale” and Merkopolis agrees to such intermediation. This is what is called a “Merkopolis Sale Plus”. In this modality of sale, a number of specific terms and conditions apply, as expressed in the corresponding forms completed by the vendor and the buyer to enter into this type of agreement with Merkopolis.
2.F.
Whereas we may help facilitate the resolution of disputes, we have no control over and do not guarantee the quality, safety, authenticity or legality of items advertised, the precision or accuracy of users’ content or advertisements, the ability or intention of vendors to deliver the items sold as advertised, the ability or intention of buyers to pay for the items purchased, nor that a buyer or vendor will actually complete a transaction or return an item. Neither can we guarantee that the track record of each buyer/vendor as it appears on our website has not been manipulated by the person in question or other users. If you enter into a dispute with one or more users, you release us from any claim, demand or damages arising from or in any way connected with such disputes.
2.G.
Whereas we may well investigate, to the best of our ability, any cases of potential fraud that are reported by our users and will take any action Merkopolis deems appropriate in each case, in accordance with our knowledge, experience, ability and/or criteria, you acknowledge that Merkopolis has fundamental limitations, as well as limited resources, to exercise such control, carry out any investigation or identify and prosecute any potentially fraudulent user and cannot therefore offer any guarantee to avoid certain users making use of our services and tools inappropriately in order to commit fraudulent actions against other users. You also acknowledge that Merkopolis cannot guarantee that those users found to be using our services and tools in a fraudulent manner, will be identified, found and/or prosecuted.
2.H.
You commit yourself to cooperate with the vendor/buyer, Merkopolis and the corresponding authorities during the resolution process whenever a conflict in which you are involved arises and cooperation is requested by the vendor/buyer, Merkopolis or the corresponding authorities. This may possibly include, among other actions, the provision of appropriate documentation requested by the parties involved, if such information is available, and the return of an item to the vendor or to Merkopolis or of a payment to a buyer or to Merkopolis at any time, in accordance with the sole discretion of Merkopolis, should these actions be justified and requested.
2.I.
Please take into account that the official currency of Merkopolis is the Euro. This means that prices will always been advertised in Euros and any other currency should be interpreted by the user as merely for reference purposes. The conversion of the Euro into a second currency will fluctuate in accordance with the latest rates of exchange of the Euro into the said currencies that have been introduced into our system. Although we will update this information regularly, we cannot guarantee that it will be done on a daily basis, and for that motive could be inaccurate. The only price 100% accurate will be those reflected in Euros.
2.J
Should any conflict arise between two users as a consequence of the text of an advertisement or a message and Merkopolis has accepted to be an intermediary, the user recognizes that only texts written in the Merkopolis official languages will be taken into consideration by Merkopolis in its investigation. All texts written in other languages will be ignored for this purpose, except where Merkopolis, using its own criteria, determines to the contrary. It will be the user therefore, who will have to make sure that any important information is expressed in one of the Merkopolis official languages and that there are no incongruities in the advertisements written in several languages. If this is not observed, Merkopolis will not be held responsible for any detriment the user could suffer as a consequence. The languages represented at Merkopolis are those listed on our homepage at www.merkopolis.com.
3. YOU ARE UNAUTHORIZED AND THEREFORE AGREE NOT TO:
3.A.
You are unauthorized and therefore agree not to use our services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using our services;
3.B.
You are unauthorized and therefore agree not to publish content or advertisements in an inappropriate category or area of our website;
3.C.
You are unauthorized and therefore agree not to publish a lower price for an item to be auctioned than the one you are willing to accept, with the sole intention of attracting bids from other users;
3.D.
You are unauthorized and therefore agree not to refuse an offer of purchase from a potential buyer unjustifiably (a reason for any refusal must always be given if requested by Merkopolis. In the event of Merkopolis concluding that the reason given is unjustifiable, your membership to our website may be ceased);
3.E.
You are unauthorized and therefore agree not to fail to make payment for items purchased by you, once confirmation of purchase/sale by both parties has been made;
3.F.
You are unauthorized and therefore agree not to fail to deliver items purchased from you, once confirmation of purchase/sale by both parties has been made, except in the event of the buyer failing to honour his/her commitments regarding payment;
3.G.
You are unauthorized and therefore agree not to fail to honour any of the terms or conditions of purchase/sale agreed upon with a vendor/buyer/Merkopolis;
3.H.
You are unauthorized and therefore agree not to use a communication channel to communicate with a buyer/vendor different to the one provided by Merkopolis for this purpose whenever you are involved in a “Merkopolis Sale” or a “Merkopolis Sale Plus”. If you do so, Merkopolis will have no reliable record of such communication and, under the sole discretion of Merkopolis, you may lose your rights to a claim in the event of a conflict arising;
3.I.
You are unauthorized and therefore agree not to infringe any of the terms or conditions regarding a purchase/sale listed in the corresponding forms, as expressed above in this same document;
3.J.
You are unauthorized and therefore agree not to deliver any item as a vendor which does not correspond to the actual item described in the corresponding advertisement published by you;
3.K.
You are unauthorized and therefore agree not to deliver any item without the necessary physical protection to avoid damage in transit;
3.L.
You are unauthorized and therefore agree not to publish false, inaccurate, misleading, defamatory or illegal content;
3.M.
You are unauthorized and therefore agree not to transfer your Merkopolis account to another person without our consent;
3.N.
You are unauthorized and therefore agree not to publish or post spam, unsolicited or bulk advertisements or electronic communications;
3.O.
You are unauthorized and therefore agree not to publish one same item for sale on different advertisements;
3.P.
You are unauthorized and therefore agree not to distribute viruses or any other technologies that may harm Merkopolis or the interests of our users;
3.Q.
You are unauthorized and therefore agree not to use any robot, spider, scraper or other automated means to access Merkopolis for any purpose without our express hand written permission;
3.R.
You are unauthorized and therefore agree not to collect, copy, modify or distribute content from Merkopolis or information about our users without our/their consent;
3.S.
You are unauthorized and therefore agree not to take any action that may, in our sole discretion, impose a disproportionately large load on our infrastructure, cause any damage to our website or interfere with the proper working order of Merkopolis;
3.T.
You are unauthorized and therefore agree not to bypass any of our technical or other measures to prevent or restrict access to Merkopolis;
3.U.
You are unauthorized and therefore agree not to infringe upon the copyright, trademark or other rights of third parties (if you believe that your rights have been violated, please notify Merkopolis and we will investigate and take the necessary actions when appropriate);
3.V.
You are unauthorized and therefore agree not to cause problems to Merkopolis or its users, such as making false offers for items without the intention to purchase them or sending communications that have no direct connection with the advertisement of the vendor in question;
3.W.
You are unauthorized and therefore agree not to use our tools to vote for, recommend or veto other users falsely and unjustifiably with the sole purpose of prejudicing or benefitting them;
3.X.
You are unauthorized and therefore agree not to use one or several Merkopolis accounts falsely in order to manipulate your track record as a buyer or a vendor or to make offers in order to falsely pretend that an item has generated interest in other user(s);
3.Y.
You are unauthorized and therefore agree not to use key words in our publication forms unrelated to your advertisement;
3.Z.
You are unauthorized and therefore agree not to publish email addresses or telephone numbers on our website, except where otherwise indicated by Merkopolis;
3.Z.A.
You are unauthorized and therefore agree not to advertise items for sale under the “Free advertisement section”;
3.Z.B.
You are unauthorized and therefore agree not to publish general advertisements such as “Antiques for sale”, “Cars for sale” or “Houses for sale”, but advertise instead specific items that can be priced by the vendor and purchased by the buyer;
3.Z.C.
You are unauthorized and therefore agree not to choose a zone for the advertisement different to where the actual item for sale is located, independent of where the vendor is located;
3.Z.D.
You are unauthorized and therefore agree not to have misleading titles that do not accurately describe the item for sale;
3.Z.E.
You are unauthorized and therefore agree not to charge a disproportionate amount for shipping with respect to the actual costs incurred by you with the company in question, excepting in the case of an exchange, where the mentioned delivery costs could be used to compensate a difference in price between the two exchanged articles;
3.Z.F.
You are unauthorized and therefore agree not to charge taxes that you are unauthorised to charge by law;
3.Z.G.
You are unauthorized and therefore agree not to violate any laws, third party rights or our Terms and Conditions.
4. CONTENT PROVIDED BY YOU:
4.A.
When you give us or publish content (Written, graphic, video, audio or in any other format), you grant us the authorization to host, exhibit and handle such content at no cost to us.
4.B.
You are unauthorized to publish content at Merkopolis whose copyright, intellectual property, rights of publication / broadcast / exhibition / reproduction / editing / sale / or administration do not entirely correspond entirely to you, with the exception that prior and express authorization has been obtained from all other parties concerned and they have been duly informed by you that there will not be any kind of economic reimbursement on behalf of Merkopolis for the said publication. In the case of infringement of this rule, you will assume full legal responsibility for the said infraction. Merkopolis will assume no responsibility for the infringement of the rights of any content published on its pages by the users who publish it nor the users who visit it, and is committed to taking the pertinent measures and to collaborate with the appropriate authorities in the case that such an infraction has taken place.
4.C.
You are responsible for the authorship and veracity of the information you provide.
4.D.
You have the right to eliminate any content published by you on our website and revoke your authorisation for us to host, exhibit and handle the content you have provided at your discretion, except in the event of a dispute with Merkopolis or in the event of a claim having been made against you by another user, in which case Merkopolis may keep a copy of such content until the dispute has been fully resolved.
4.E.
On our website it is not authorized to publish false, offensive or illegal contents, and under no circumstance will Merkopolis be responsible for the same. I.e., insults, libel, intentional misinformation, intimidation, justification of violence, infringement of copyright, the distribution of advertising emails to users without their prior and explicit authorization, the carrying out or provocation of illegal or criminal activities, the publishing of degrading content, etc. are all forbidden. Merkopolis reserves the right to eliminate contents that, for the reasons previously stated, are considered inappropriate for its interests or the interests of its users. Merkopolis, in addition, reserves the right to expel the user responsible for the infractions mentioned and to take the appropriate legal actions deemed necessary in the event of infringement of the law. The user in question will have to compensate Merkopolis for any economic loss or sanction paid, including legal expenses, as a result of this breach of law.
5. FEES AND SERVICES:
5.A.
All services offered by Merkopolis and their corresponding fees, whenever there are fees associated to our services, are clearly shown on our website for inspection by the user before contracting them.
5.B.
Once any of our services has been contracted and paid for, the user will have no right to a refund in the event of not making use of such services or being unsatisfied with them.
6. THE SUBSCRIPTION PERIOD:
6.A.
The subscription period covered by this agreement will commence when you complete the corresponding registration form and accept the terms and conditions stated therein and will end the moment you deregister.
6.B.
Merkopolis reserves the right to establish a date of termination of the subscription period and, consequently, of this agreement. In this event, you will be given notice of no less than 30 days in order that you may complete any transaction you are involved in at the time of any such announcement.
6.C.
In the event of your membership being ceased by Merkopolis, you will be entitled to a refund of the proportionate amount of money paid by you for any services contracted from us that had not been fully used at the time of the ceasing of your membership.
6.D.
In the event of an infringement of our terms and conditions by you, Merkopolis may cease your membership and terminate this agreement without any prior notice. If this was to happen, you will not be entitled to any compensation or refund.
7. COMMUNICATION FROM MERKOPOLIS AND OTHER USERS:
7.A.
For communication purposes between client and company, you consent Merkopolis to send you communications regarding Merkopolis by electronic mail with the frequency that Merkopolis considers appropriate at its discretion.
7.B.
You may, from your registration form and/or user intranet, establish whether or not you wish to receive via electronic mail communications regarding other users. If you opt for not receiving them via email, communications will be sent to you exclusively via the communication tools of our website (excepting the few cases relating to certain tools such as “sending an email to a friend”). You will be able to revoke your decision from your user intranet at any time should you wish to do so.
7.C.
Communication concerning companies associated with Merkopolis will only be sent to you by electronic mail if you have given your explicit prior consent. You authorize Merkopolis to contact you via electronic mail in order to request this consent if the case should present itself.
7.D.
All notifications between the parties (Merkopolis, you and other Merkopolis users) will be considered carried out and fully effective when they are made by electronic mail or by means of the communication tools available at our website.
7.E.
You will be responsible for the electronic mail address provided on the registration form being both valid and operative and for the substitution of the current electronic mail address with a new valid one, via your user intranet, should the previous address no longer meet this requirement.
7.F.
The electronic mails from Merkopolis may include advertising by Merkopolis or by third parties without this communication being headed by the word “advertising” or “publicity” or containing any reference to the same.
8. PRIVACY POLICY:
8.A.
You can browse our website anonymously without revealing any personal information regarding yourself. However, once you register and give us your personal information, you will no longer be anonymous.
8.B.
Once registered, you consent to the transfer and storage of any information you give us or publish on our website (including any information sent to other users using our various communication tools) on to our servers, located in Spain at www.arsys.es. Furthermore, you consent to and accept that all information sent to Merkopolis through the various publication channels, including all information sent to us on your registration form, will automatically be made public on our website, with the exception of information where Merkopolis has explicitly stated otherwise.
8.C.
We employ standard security measures to ensure the safety of your personal information. No company, however, can provide 100% protection and Merkopolis is no exception. We will therefore not be held responsible in the event of third parties accessing or unlawfully making use of your personal information.
8.D.
We resolve not to sell nor rent your personal information to third parties for marketing purposes without your explicit consent.
8.E.
We will reveal your personal information to other Merkopolis users to assist transaction and communication. However, unless explicitly stated to the contrary, the following details will only be revealed to the purchaser/vendor in question when you have entered into a potential commercial transaction with him/her: name and surname, email address, physical delivery address, telephone numbers, financial details and Tax Identification Number or T.I.N.. The only exception being when the actual information has been made public by you.
8.F.
We may disclose your personal information to companies or individuals directly or indirectly involved in the delivery of our services to you, including our own personnel and our Internet Server Provider for our own operations only and rigorously under confidential restrictions.
8.G.
We may disclose personal information to enforce our terms and conditions or respond to legal requirements or claims from other users regarding you. In this respect, we may share your personal information with proven law enforcement and government officials who conduct criminal investigations, as well as with companies or individuals employed by Merkopolis to investigate you and/or any other Merkopolis user you may have been involved with in an alleged case of illegal or fraudulent activity. In these events, we will disclose any information we may have available regarding you (name, address, email address, IP address, telephone number, user history, etc.).
8.H.
We will allow you to modify and update your personal information directly via your own user intranet. However, some information previously shared by you with Merkopolis or other users via our communication tools and common areas of our website could remain unchanged. In this respect, please note that whenever a user of Merkopolis modifies his/her user name, all messages related to that user at your communication centre (a section of your user intranet where all messages sent and received are stored) will also reflect that amendment, in such a way that the new user name will appear instead of the old one.
8.I.
We will provide you with adequate notice if our privacy policy changes so that you may, if you disagree with such changes, cease your membership and, when appropriate, demand a refund of the proportionate amount paid by you for any services contracted from us that have not been fully used.
8.J
Merkopolis may collect and store any personal information that you provide us with, as well as any personal information shared by you with other users on our website or that was generated as a consequence of your browsing through our website, including name and surname, user name, email address, physical address, IP address, telephone number, Bank Account number and other financial information, information related to sales/purchases and to your communication with other users, navigation data, computer and connection information, etc.
8.K.
We may use the information available to us regarding you to improve and personalize our services, content and advertising. For this same purpose, we employ small files placed on your hard drive, generally known as cookies. Although most cookies are 'session cookies' (automatically deleted from your hard drive at the end of a session), some are not. However, if at any point you are apprehensive about this issue and wish to ascertain there are no cookies on your computer, please note you can delete all cookies with a tool, to be found on your browser, specifically devised for this purpose. We also take this opportunity to note that Merkopolis cannot be held responsible for cookies placed on your computer by other users, for example, when accessing their own personal websites.
8.L.
Information about you will be disclosed by Merkopolis in accordance with applicable laws and regulations.
8.M.
We may disclose personal information to other companies, should we plan to merge with or be acquired by those companies.
8.N.
Any person visiting our website can see your user history (user name, bids, purchases, sales, items on sale, votes, references and vetoes issued or received with corresponding comments, documents, photos and any other information published by you on your Merkopolis public website, etc.).
8.O.
Please note that although we encourage you to reveal information regarding yourself to other users to gain their confidence, much of the information we request from you to provide through our various forms is voluntary and it is therefore your decision whether to reveal it or not.
8.P.
For security reasons, if you access our website from a shared computer or a computer located in a public space, we strongly recommend that you click on the “log off” link to be found at the top of our website after finishing your session if you wish to avoid other users of the same computer accessing your Merkopolis account. “Logging off” will ensure the removal of all session cookies and eliminate all trace of your browsing through Merkopolis on that particular computer.
8.Q.
You can only collect and store personal information from other Merkopolis users with their explicit consent. In the event of you having collected and stored personal information from other Merkopolis users, you must give them the opportunity to examine what information you have collected about them, as well as a chance to remove it from your database. Furthermore, you agree not to use this information for purposes other than those consented to by the users in question and under no circumstances will you give nor sell to third parties that information nor use it to send spam (unsolicited emails, usually with publicity purposes and sent in vast quantities) nor for any other illegal activity.
8.R.
Whenever you use our communication tools to send an email to a third party of your choice, please note that it will bear the logo and other information regarding Merkopolis. However, it will be you, and not Merkopolis, the sole responsible for sending this email, for the contents of the same and for any legal consequences sending it could incur. Furthermore, it will not be the email address of Merkopolis, but your own email address (the one stored by Merkopolis) which will be revealed to the recipient of your email. Please also note that Merkopolis will not store the email address of the recipient.
8.S.
Merkopolis cannot be held responsible for a third party being able to access your Merkopolis account by discovering, deducing or stealing your access password. In order to minimise such risk, we would advise you to use unique combinations of numbers, letters and other characters and under no circumstances to reveal your password to a third party or store it in any place of easy access to others, including your own computer. Bear in mind that you are responsible for all actions taken in the name of your Merkopolis account and that if you lose control of your password, you may be subject to legally binding actions taken on your behalf. In the event of a third party having used your account without your consent, you must immediately change your password from your user intranet and notify the incident to Merkopolis.
8.T.
You will be able to deregister from Merkopolis at your own discretion from your own user intranet, an action that will imply a deletion of all information related to you from all public places throughout our website (advertisements, user history, photos, documents, etc.). However, a record of any messages sent by you to other users or by other users to you (messages that will be accompanied by your last username before deregistration took place), will remain in the communication centre of the intranet of those Merkopolis users with whom you have held communication in the past until the said users decide on deregistering or deleting the messages in question. This will also apply to any messages sent by you to public forums, in the event of Merkopolis offering public forums on its website to its users.
8.U.
In the event that you cease your membership, please note that Merkopolis will retain personal information from closed accounts in compliance with the law, to collect any outstanding fees, resolve problems and disputes, prevent fraud, assist with or carry out any investigations and take other actions otherwise permitted by law. Merkopolis in addition reserves the right to retain the name, email address and IP address of any user who has been expelled for infringing our terms and conditions and prejudicing the interests of other users. The retention of such details will be exclusively used to avoid that particular user attempting to rejoin our website. You may, on the other hand, contact Merkopolis and insist on the physical elimination of all information concerning you (except that sent voluntarily to other users and/or in public forums, as explained in paragraph 8.T.). We will comply with your demand within a period of 30 days from the date of receipt, providing you are not the subject of any claim or investigation.
8.V.
Merkopolis adheres to the standards outlined in the Spanish Organic Law 15/1999, December 13, PROTECTION OF PERSONAL DATA (LOPD) and has implemented all security measures required by this law in order to protect any personal information entrusted to Merkopolis by its users. The user will at any time be able to exercise the rights recognized in the LOPD, to access, rectify, cancel or oppose his/her personal data. The exercise of these rights can be made by the user from his/her own User Intranet at the section “Add, modify or delete information” at our webpage. In addition users can exercise these rights under the terms and conditions applicable which can be consulted at www.agd.es.
8.W.
Any personal information provided by you to Merkopolis through our website has been incorporated into the corresponding file and registered with the AEPD (Spanish Agency for Date Protection).
8.X.
The person responsible for the database or data processing is Arturo Tirador, sole administrator of MERKAGUNE S.L.U., who can be contacted by email at central(at)merkopolis.com or by post at Plaza Lovaina 1, 4ºD, Vitoria 01008, Álava, Spain. Please substitute (at) with @ when sending us an email. We have resorted to the standard practice of using (at) instead of @ to avoid spam.
8.Y.
You have the right to obtain information regarding your data and to request its rectification or cancellation at any time by means of any type of written communication directed to Merkopolis using any method which confirms the request having been sent and received.
9. MERKOPOLIS WILL NOT BE RESPONSIBLE FOR:
9.A.
Merkopolis will not be responsible for the adaptability of our service to your expectations.
9.B.
Merkopolis will not be responsible for the misuse of the service by you or other users with or without authorization.
9.C.
Merkopolis will not be responsible for the lack of service performance caused by installations, hardware or software used by you.
9.D.
Merkopolis will not be responsible for the veracity, accuracy, precision or legality of the information published on our website by you or other users.
9.E.
Merkopolis will not be responsible for your possible loss of profits or damage to your reputation.
9.F.
Merkopolis will not be responsible for the suspension of services owing to acts of God, amongst which the following are given as examples: accidents, natural disasters, electrical failure, fire, terrorist attacks, legal orders, server failures, telecommunications failures, etc.
9.G.
Merkopolis will not be responsible for the illegal and unauthorized appropriation of personal information by third parties, except in case of negligence or failure to comply with the corresponding normative by Merkopolis.
9.H.
Merkopolis will not be responsible for the involuntary loss or deletion of information regarding you by causes such as computer or server errors, wilful destructive attacks by third parties, etc. (you are responsible for the making of secure copies of all contents published at our website that you deem necessary).
9.I.
Merkopolis will not be responsible for the non-compliance of any declaration of intentions proposed by Merkopolis on any other page of its website not contained in the regulations set out in this document, excepting the specific cases explained in our Terms and Conditions.
10. SERVICE BEING INTERRUPTED OR DISCONTINUED:
10.A.
Merkopolis commits to maintaining in perfect condition the installations and equipment necessary for the provision of the service subscribed. However, as the necessary infrastructure for their proper functioning is not entirely under Merkopolis control, we cannot guarantee continuous or secure access to our website, services or tools and will not hold responsibility for server damages or malfunction due to causes beyond our control. Merkopolis will communicate to all users, whenever foreseeable and with reasonable notice, by means of electronic mail, any service interruption that may occur due to updates and/or maintenance whenever possible. In the case where Merkopolis has been temporarily out of service for maintenance reasons or for reasons of another nature, the users who have paid a fee for a subscription period will have the right to request an extension of their subscription period corresponding to the time of service interruption.
10.B.
Merkopolis reserves the right to close its website to the public. Should Merkopolis discontinue its services, the maximum compensation users would have a right to is the refund of the proportional part of the amount paid for the remaining period of the contract and the services contracted and unused, should any amount have been paid.
10.C.
We are not liable for any loss of money, goodwill or reputation, or any consequential damages arising, directly or indirectly, from your use of or misuse of our website, services and tools. Nevertheless, if we are found to be liable, our liability to you or any third party is limited to the greater of (a) the total fees paid to us (not to our users, but directly to Merkopolis) in the 12 months prior to the action giving rise to the liability, and (b) 100 Euros.
11. MODIFICATIONS TO OUR WEBSITE AND OUR TERMS AND CONDITIONS:
11.A.
Merkopolis reserves the right to make general or superficial modifications, such as grammatical corrections, to its terms and conditions, provided that changes are published in full on the corresponding forms utilized by you to carry out new actions on our website. We also reserve the right to implement any other modifications, including those necessary to adjust to any changes applicable in legislation. When these modifications constitute a significant change in respect to the original Terms and Conditions approved by you, you will be duly informed by electronic mail and, whenever possible, will receive a 30 day notice before the reformed Terms and Conditions are applied. In the event that you disagree with the same and decide to cease as a member of our website, Merkopolis would refund the proportional amount paid in accordance with the remainder of the contract and the services contracted and unused, should any amount have been paid. Alternatively, Merkopolis could rectify and decide to apply to you the original terms and conditions already approved by you.
11.B.
You can request that Merkopolis informs you of any future modification made to its Terms and Conditions, including general or superficial modifications.
11.C.
Merkopolis reserves the right to make technical, structural, aesthetic or functional modifications to its website provided the changes are justified by reasons or motives not contradicting the essence or the “raison d’etre” of its website. In the event of any other modifications, you will hold the right to cease as a member and claim a refund of the proportional part of the remainder of the contract and the services contracted and unused, should any amount have been paid.
12. REGARDING COMPENSATIONS AND REFUNDS:
12.A.
We reserve all rights of admission to our website as well as the right to expel you or rescind your contract for any reason considered appropriate, at our sole discretion, including causes of an administrative, technical, economic or legal nature, giving you the corresponding notice as already stated in this document. In the event that you have paid a sum of money, you will have the right to receive a refund of a proportional part of the amount paid for the remainder of the contract and the services contracted and unused, except where indicated otherwise in this document. Merkopolis may revoke the contract without paying any compensation in the event of your using our services free of charge.
12.B.
You will have the right to rescind your contract and cease to be a member of Merkopolis whenever you see fit. However, you will have no right to a refund of any amount paid, except in the events otherwise indicated in this document.
12.C.
If the contents published by you on our website were unrightfully eliminated by Merkopolis and were not replaced within a subsequent maximum period of 10 days after reporting the incident, you will be entitled to cease your membership to our website and demand a refund of a proportional part of the amount paid for the remainder of the contract and the services contracted and unused.
12.D.
In the event of our website experiencing severe technical malfunction preventing you from performing the normal functions for which you have contracted our services and these malfunctions not being corrected within a maximum period of 10 days after reporting the incident, you will be entitled to cease your membership of our website and demand a refund of a proportional part of the amount paid for the remainder of the contract and the services contracted and unused.
12.E.
In the event of Merkopolis failing to fulfil any commitment established in this document and, following notification of this breach by you, not applying the corresponding corrective measures within a maximum period of 10 days, you will be entitled to cease your membership to our website and demand a refund of a proportional part of the amount paid for the remainder of the contract and the services contracted and unused.
12.F.
In the event of Merkopolis varying the rules set out in this document and you, considering yourself directly prejudiced by the said change and having expressed in writing your disagreement with the same, not having obtained the corresponding rectification by Merkopolis within a maximum period of 10 days, you will be entitled to cease your membership to our website and demand a refund of a proportional part of the amount paid for the remainder of the contract and the services contracted and unused.
13. PROHIBITED AND RESTRICTED ITEMS:
13.A.
Merkopolis will not be held responsible in the event of your selling or purchasing items that are prohibited by law either in Spain, the European Union or the country of origin or destination or items resulting dangerous, sensitive or being subject to import/export restrictions. If in doubt, we recommend that you read the relevant legislation or ask the corresponding authorities for advice. We reserve the right to eliminate any advertisement from our website, at our own discretion, if we consider it illegal, offensive or contrary to the spirit of our community. Should this be the case, the user whose advertisement has been deleted will have no right to a refund or compensation of any kind.
13.B.
The following is not an exhaustive list of items that cannot be advertised at Merkopolis, but just examples to help you understand our policy: items that infringe the intellectual property rights of third parties, such as copyrighted or patented material and trademarks (including items that are intended for sale in a particular territory or country and not in others); weapons and related articles except decorative or collectible items explicitly allowed by law; items that encourage hatred, violence, racial or religious intolerance, or items that endorse organizations with such views; some medical items such as contact lenses or items that are not approved for over-the-counter sale without a prescription; illegal or obscene adult material such as child pornography, child erotica, bestiality, necrophilia, rape, scat and incest (real or fictionalized); used sex toys; services that involve any sexual activity; links to websites that show items unauthorised at Merkopolis; certain animals and related items such as ivory (excepting items made before 1900 containing 5% or less of real ivory), predators and protected species, marine mammals, cats under six weeks old or dogs under eight weeks old, poisonous insects, hatching eggs of endangered species, migratory birds, snakes or turtles, any part, including skins, or items made from endangered species, cats or dogs; unauthorised copies or reproductions of works of art; certain artifacts, grave-related items, Native American arts and crafts, and other related items, except where all legal requirements are met; certain catalytic converters and test pipes prohibited by law; cell phone service contracts, except where all legal requirements are met; counterfeit currency and stamps, as well as the equipment to make them; items which the seller is not permitted to sell due to contractual obligations entered into with a third party (for example, an airplane ticket); used cosmetics (for health reasons); credit cards (excepting old credit cards whose expiry date is at least 10 years old); narcotics, steroids or other controlled substances, as well as items that are primarily intended or designed for use in manufacturing, concealing or using a controlled substance; illegal drugs, compounds or substances, as well as legal substances described in the advertisements as elements that could be used or manipulated to cause similar effects; certain electronics equipment prohibited by law (for example, radar detectors); electronic surveillance equipment designed primarily to record the private oral, wire or electronic conversations of others without their knowledge or permission; items sold to countries with which trade is forbidden; unlawful event ticket resale; food items whose expiry date is not clearly marked, have already expired, have been manipulated or stored unsafely; certain military items that are prohibited by law; official internal, non-public documents, manuals, or other materials related to mass commercial public transportation; any article of clothing, identification or other items related to transportation security or employment with any transportation related industry; government IDs and licenses, or items that claim to be, or that look similar to, government identification documents; most hazardous materials (such as fire extinguishers, Freon, and radioactive materials); humans, the human body, or any human body parts; items or links to items that encourage, promote, facilitate or instruct others to engage in illegal activity; lock picking or lock smithing devices; lottery tickets; names, addresses, phone numbers, email addresses or other personal identifying information, as well as tools or software specifically designed to send unsolicited commercial messages (spam); multi-level marketing programs (including online payment randomizers), matrix, pyramid, Ponzi schemes, and all similar programs; pesticide products, excepting where all legal requirements are met; noxious weeds and prohibited seeds; law enforcement badges or official law enforcement equipment from any public entity; Postage meters; coin-operated slot machines sold to countries where they are not permitted; stock or other securities; stolen property or items with altered or removed serial numbers; tobacco, cigars, cigarettes (of any type, not limited to tobacco), smokeless tobacco, or coupons for tobacco items sold to countries where its sale is not permitted (such as the United States).
14. IN THE EVENT OF A USER INFRINGING THE TERMS AND CONDITIONS OF MERKOPOLIS:
14.A.
Without limiting any other actions, we may suspend or terminate our service, remove hosted content and take technical and legal steps to keep users off our website if we consider they are infringing our terms and conditions or the spirit in which these terms and conditions have been devised.
14.B.
You will indemnify and relieve us from any responsibility in the event of any claim or demand against Merkopolis, made by any third party arising from your breach of this Agreement, or your violation of the rights of a third party or any law. Such indemnification will include our lawyers’ fees.
15. IF A DISPUTE ARISES BETWEEN YOU AND MERKOPOLIS:
15.A.
If a dispute arises between you and Merkopolis, we would strongly advise you to contact us to attempt to resolve the dispute before resorting to any alternative modus operandi. In the event of not arriving at a solution agreeable to both parties, we would advise you to seek alternative dispute resolution procedures, such as mediation or arbitration, opting for litigation as a final option.
15.B.
In the event of either party choosing arbitration to resolve a dispute, the said arbitration will be carried out by an established alternative dispute resolution ('ADR') provider mutually agreed upon by both parties. The ADR provider and the parties must comply with the following rules: a) the arbitration will be conducted online and be solely based on written submissions b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be submitted to the court of competent jurisdiction mentioned on paragraph 15.F.
15.C.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
15.D.
Legal notices to Merkopolis will be served on MERKAGUNE S.L.U., by registered post to Plaza Lovaina 1, 4ºD, Vitoria 01008, Álava, Spain. In the event of us failing to accept legal notice by post, an email sent to and received at central(at)merkopolis.com will be deemed as an acceptable alternative. Please substitute (at) with @ when sending us an email. We have resorted to the standard practice of using (at) instead of @ to avoid spam.
15.E.
Legal notices to you will be served by registered post to the address given on your registration form. In the event of your failing to accept legal notice by post, an email sent to and received at the email address given by you to Merkopolis will be deemed as an acceptable alternative.
15.F.
Both parties submit themselves, expressly renouncing any other code of law that could be applied, to the jurisdiction of the Courts and Tribunals of Vitoria-Gasteiz, in order to exercise any action derived from the interpretation, execution or observance of the present terms and conditions. If, for any reason, an authorized court of law were to find that a part of this contract should not be applicable, the remainder of the contract would continue to be valid and applicable in its entirety.
15.G.
All claims brought against Merkopolis must be resolved in accordance with our Terms and Conditions. Should you file a claim contrary to our Terms and Conditions, Merkopolis may well recover lawyers’ fees and costs up to 1000 Euros, provided that Merkopolis has notified you in writing of the improperly filed claim, and you have failed to withdraw the claim within 10 days from the date of notification.