ACQIRE

Terms & Conditions

Acqire by Guttierez Arranz (hereafter referred to as “provider”) operates the website www.acqire.com (hereafter referred to as “website“), for numerous third party vendors (hereafter referred to as “vendors“), who can offer their products and services on the website operated by the provider to potential customers (“buyers“).

 

General Terms

I. Service Description

The provider offers a community-marketplace, in which its users (hereafter referred to as “sellers”) can offer and purchase (hereafter referred to as “buyers”) all types of goods and services (“hereafter referred to as “items”) and publish other contents, as long as their offer, acquisition or disclosure does not violate legal requirements, these Conditions or other agreements with the provider. The provider as such does not offer any items and shall not become a contractual party in the contracts entered explicitly between the users of this community-marketplace.There are in the relationship between buyers and sellers in addition to the relevant provisions in these Terms possibly also the Conditions of each applicable seller, which recognizes the buyer against the respective seller, if necessary. The provider offer the services and grants third parties access to the user contents for these purposes so the parties can advertise their contents on websites, in software applications and e-mails. The provider is entitled to process the users’ items and contents in a technical manner enabling the display on the provider’s or third parties’ mobile end devices or software applications. The provider only reviews the data entered during registration to a certain extent, because the identification of persons on the internet is limited. Therefore, despite various security measures the fact that incorrect data for an account with the provider may have been entered and/or that data may have changed after the account was activated cannot be excluded. The items and contents published by users do not reflect the provider’s opinion and therefore, have not been reviewed for legality, accuracy and completeness by the provider. The provider may impose certain conditions regarding the use of services, certain functions or the extent to which certain functions may be used, such as reviewing the registration data, duration of use, account type (personal/commercial), evaluation of profile status (including detailed seller reviews), payment history or presentation of certain verification (e.g. identification, purchasing/payment history or proof of ownership). The provider reserves the right to amend the community-marketplace order within the scope of her rights, under consideration of the provider’s legitimate interests; insofar this is feasible for the user. The user is entitled to use the provider’s services within the scope of the current technology status only. The provider will limit her services from time to time if this should be required with regard to capacity limits, security or server integrity, or for performing technical measures and, if it is necessary, to ensure proper or improved service provision (maintenance). In these cases, the provider shall consider the users’ legitimate interests, such as prior announcement. Chapter VII in this T&C shall not be affected by the conditions outlined above. In the event an unforeseeable system failure should limit the use of services; the users will be notified in an appropriate manner. Offers that expire during maintenance performance periods will not be extended, despite the fact that a purchase is not possible during this timeframe. Credits for fees will not be issued. Deviating conditions are valid only if explicitly agreed upon in writing between the provider and the user. Upon entering the agreement for services to be rendered, the user accepts the conditions outlined above. The provider does not accept contradictory special or general contractual conditions and the aforementioned shall not be valid within the scope of agreements between the provider and the user. Individual agreements shall supersede these T&C. The right to amendment is reserved at all times. In progression, the relevant provisions of the Swiss Code of Obligations (OR) shall apply. If a seller performs multiple activations, these will be processed individually and activated on the website. If the seller misappropriates the provider’s offer, the provider reserves the right to deny activation and/or reject additional activations requested by the seller. The seller is solely responsible for the delivery of the products and services ordered on the website, as well as compliance with the delivery terms. The seller and buyer shall agree upon the shipping costs amongst themselves. The provider is not liable with regard to delivery of the products or services purchased on the website or compliance with the delivery terms and the associated shipping costs.

 

II. Registration and Account with the Provider 

The use of services as a seller requires a user registration. The user opens an account with the provider by registering and agreeing with these T&C. The provider and the user enter a contract for the use of services (hereafter referred to as “servitude contract”) by registering. A claim to conclusion of a license agreement does not exist. Registration is limited to judicial entities, companies/businesses and natural persons with unrestricted legal capacity. Minors are prohibited from registering for the use of services. The data requested by the provider for registration purposes must be disclosed completely and accurately. It is prohibited to list value-added-service telephone numbers or P.O. box addresses. Users who use the services in pursuit of its commercial or independent professional activities are obliged to open a commercial account and its credentials to supplement the information required by law. Registration of a judicial entity or company may only be performed by an authorized natural person, which must be identified by name. Only individual persons may be listed as account holders during the registration process (ie no married couples or families). If the data provided during registration should change, the user is obligated to update his account information immediately. Users must keep their password confidential and diligently secure access to their account. Users are obligated to notify the provider immediately if indications that the account has been compromised by third parties become apparent. Paid a buyer purchased items via direct debit, credit card, on invoice (if available) or the payment via PayPal completed, so the payment of the respective tender apply. The account is non-transferrable. Users may only register and open an account one time. The provider reserves the right to delete accounts with incomplete registration data after an appropriate time period. By registering, website users agree that personal data will be processed and forwarded to third parties and other website users within the scope of this servitude contract.

Sharing Content

Users of this Site own all of the content and information they post in Acqire.com.  For content like photos and videos users grant Acqire a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any photos and videos posted in Acqire.  When a user publishes content or information in Acqire, is allowing everyone, including people off of Acqire, to access and use that information, and to associate it with the user (i.e. name and profile picture).

Respecting people's rights

Acqire expects every user of the Site to respect other people's rights. It is not allowed to post content or take any action in Acqire that infringes or violates someone else's rights or violates the law. Acqire will remove any content or information published in this website if that violates this Terms & Conditions. If a user repeatedly infringes other people's intellectual property rights, Acqire will disable that account when appropriate. It is not allowed to post anyone's identification documents or sensitive financial information in Acqire. It is not allowed to tag products or do chat conversations without the other consent.

 

III. Use of Services, Prohibited Items and Contents 

The user is responsible to ensure that his items, including the images and other contents featured are legally acceptable and do not violate any third party rights. Offering, advertising, selling or purchasing items on the website violating statutory provisions, third party rights, or violating proper morals is prohibited. The provider reserves the right to impose conditions on the sale of certain items exceeding the statutory regulations. Manipulating the prices of one’s own or third party items by operating multiple accounts or collaborating with other users is prohibited. Manipulating service search functions, for instance, by adding brand names or other search functions to the item name or description in an inappropriate manner is prohibited. Sellers must enter their items in the appropriate category, as well as provide images and an accurate and complete description. All characteristics and properties, as well as deficiencies that may decrease the value of the goods offered and are relevant to a potential purchase decision must be stated truthfully. Payment and shipping terms must be defined accurately and completely. Due to technical reasons, it may be possible that items are not found upon conducting a category search or using keywords. The provider reserves the right to extend the run time for sale up to 30 minutes if necessary for technical reasons. Such an extension will not be implemented for sales using start-time planning. The provider enables the users to sort the search results by certain criteria, e.g. offer, format, item description, number of search requests, number of sales, remaining time, price, shipping costs and seller standards. The item description, as well as the images used may only apply to the item offered.  Sellers offering goods or services within the framework of their commercial or occupational tasks to consumers, are obligated to disclose the legally mandated consumer protection information and advise of existing or non-existing legal cancellation rights. The price of respective items is the final price, plus potentially due value-added-tax and other pricing components. The sales price does not include delivery-and shipping costs. Sellers are prohibited from demanding provider fees, PayPal fees or commissions from buyers in addition to the sales price. Users may only use addresses, e-mail addresses and other contact data, obtained by the use of services for contractual and pre-contractual communication. It is particularly prohibited to sell this data or using it to send advertisements, unless the respective user has explicitly agreed to, or did not object in advance based on the valid statutory provisions. Users must archive information saved by the provider for services in a reviewable manner on an independent storage media if these required for securing proof, for accounting purposes or other purposes. Users may not block, overwrite, modify or alter contents generated by the provider or other users in a disruptive manner, especially if this would result in an excessive overload of the provider’s infrastructure.


IV. Sanctions, Blockage and Termination 

The provider may result to the following measures upon reasonable suspicion that a user is violating statutory regulations, third party rights or these T&C, or if the provider has other legitimate concerns to protect users from fraudulent activities:

  • a) Deleting offers, items, reviews or other contents 
  • b) Reprimanding user
  • c) Delaying publication of items and other contents 
  • d) Restricting servitude 
  • e) Revoking special seller-status  
  • f) Temporary blockage
  • g) Permanent blockage 

The provider shall consider the users legitimate interests when choosing a measure, especially when it appears that the user may not be at fault for the violation. The provider may exclude a user from using the services permanently (permanent blockage), if: 

  • a) he has repeatedly received negative reviews or less detailed seller reviews and blockage is necessary to protect the other users’ interests. 
  • b) he has provided incorrect contact data.
  • c) he transfers his account or grant third parties access to his account. 
  • d) his actions are detrimental to other users or the provider.
  • e) he has repeatedly violated these T&C.
  • f) other important reasons apply.

After a user has been permanently blocked, he is no longer entitled to have his account or the review profile reinstated. Users may terminate this servitude contract at any time. The provider may terminate this servitude contract at any time upon a 14 day notice at the end of a month. The right to block the account shall remain unaffected. When a user has been blocked, or the servitude contract has been terminated by the provider, the user is also prohibited from using the services through other accounts and/or attempting a new registration. A blockage or termination shall not affect the validity of contracts previously entered on the community marketplace.

 

V. Fees and Prices

The provider charges the seller a fee for offering items and for the use of additional options. If an item is sold, the seller shall pay the provider a % sales commission based on the total sales price (including shipping costs), unless explicitly agreed upon otherwise. All prices are in British Pounds (incl. statutory VAT). Each product or service ordered through the website is subject to commission. The prices reflected on the website on the day the order was placed shall apply. Sellers are prohibited from circumventing the provider’s fee structure. He shall particularly refrain from actions targeting contract executions outside of the community-marketplace or directly or indirectly encourage the aforementioned. The provider reserves the right to charge a flat rate for deleting items or other contents, or for blocking users to the extent the user is responsible for the violation, unless the user can submit proof that damages have not been incurred, or have incurred for a significantly lesser amount. The provider may also charge a fee for reactivating a blocked account. The provider may amend the fees and sales commissions at any time. The user shall be notified of price changes on a timely basis prior to the actual change.


VI. Offer Formats and Contract Execution 

The provider provides numerous offer formats and functions for obtaining and/or entering contracts by the use of the services. If the seller enters an item by using the services, he shall provide a committal contract offer for this item. He shall define a starting and/or fixed rate and a timeframe in which the offer may be accepted (listing period).  The buyer accepts the offer by clicking on the button “Place Order” and completes the payment process immediately thereafter. The buyer may also purchase multiple items by placing the items in the shopping basket (available effective immediately) and completing the subsequent payment process. The buyer is obligated to pay for his purchases in advance. Unless the buyer and the seller have agreed otherwise, the purchase price is due immediately and shall be paid by the buyer via the payment methods offered by the seller. The provider reserves the right to limit the payment methods available to the buyer for the purpose of risk management. Sellers must be able to provide the goods offered to the buyer immediately after contract execution. The seller may only offer goods he is authorized to sell. In particular, ownership and property must be transferable to the buyer entirely and without the presence of a lien. The seller shall place a notification immediately if the goods offered are no longer available. The following cancellation right applies to the buyer: buyers are entitled to cancel the contract with the seller without stating a reason within 14 days effective the contract date. The buyer must request a return authorization (RMA) through his online account in the website. To safeguard the withdrawal period it is sufficient that the message about the right of withdrawal is sent before the withdrawal period. If the sales contract is cancelled, the seller must reimburse the payments received from the buyer (except shipping costs); within five working days from the day the seller has received the cancellation notice. The return payment shall be rendered by the same payment method used for the original transaction, unless the buyer and the seller explicitly agree otherwise.

 

VII. Reviews

User may write public reviews regarding their transactions or experiences. Buyers may evaluate certain service aspects provided by the seller through the detailed seller review as well. The reviews are not assessed by the provider and may be incorrect or misleading. Users shall only provide truthful information in their reviews. The reviews provided by users should be professional and should not contain abusive criticism. Inappropriate use of the evaluation system is prohibited. In particular:

  • a) Writing your own reviews on your behalf or engaging third parties to provide a review for you.
  • b) Addressing circumstances in the review that are not relevant to processing the respective transaction. 
  • c) Using reviews for purposes other than selling goods and services by using the provider’s services.
  • d) Force other users to act, accept or refrain from actions by threatening to provide or refrain from providing a review.  

Inappropriate reviews or reviews contradictory to this principle may be removed by the provider.

 

VIII. Liability Limitations

The seller guarantees that products and services are transferred/rendered free of material and legal deficiencies. All deficiencies and complaints regarding incorrect or incomplete deliveries are the responsibility of the seller, wherefore the provider is not liable. Additional liability of the provider, especially for subsequent damages and direct damages is excluded. The extent of the provider’s limited or excluded liability also applies to the personal liability of her legal representatives, management and sub-contractors.

 

IX. Intellectual Property 

All service provision contents provided by the provider are protected by copyright. The use and payment for services by the user does not represent an entitlement for the transfer of immaterial asset rights. All software rights and rights to other works, services, procedures, equipment, design, technologies, trademarks, companies, inventions and other materials corresponding to the website in any way shall entirely remain with the provider. Any other use or third party transfer requires the prior written consent by the provider. Violations are subject to a penalty. Additional damage claims against the user for damages incurred by the provider due to copyright violations shall remain unaffected hereby. Ads, texts or images published by the user on the provider’s website may not violate third party immaterial asset rights. The user may only use and publish images and texts he has created or to which the legitimate owner of the copyright has agreed. The provider is not liable for any immaterial asset right violations or violation of third party intellectual rights.

 

X. Indemnification

The user shall indemnify the provider from all claims other users or third parties may impose on the provider for violation of their rights by the user via the items listed through the provider’s services. The user shall be responsible for all of the provider’s necessary legal expenses, including court costs and attorney fees to the statutory extent. This does not apply, if the user is not responsible for the violation. The user agrees to provide all information necessary to assess claims and legal representation immediately, truthfully and completely in the event third parties have accessed the services.


XI. Final Provisions

The provider is entitled to transfer the rights and obligations from this contractual agreement to third parties in part or entirely upon a four-week notice. The provider reserves the right to amend these T&C at any time without stating a reason. The amended conditions will be e-mailed to the users no later than four weeks prior the effectiveness of the new T&C. If the user does not object to the validity of the new T&C within four weeks upon receipt of the e-mail, the amended T&C are considered accepted. The provider shall advise the user in the body of the e-mail with regard to the option to object and the significance of the four-week acceptance term. If certain conditions outlined in these T&C should be, or become invalid in part or entirely, the validity of the remaining conditions shall not be affected. In this case, the provider shall adapt the invalid condition with a condition closest resembling the economic value of the original condition. All declarations conveyed within the framework of the servitude contract entered with the provider shall be subject to the written form or transmitted via e-mail. The servitude contract and these T&C are subject to Swiss Law. Exclusive legal venue is the provider’s headquarters. The application of the UN Sales Convention is excluded.

 

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