Terms and Conditions
This contract describes the general terms and conditions (hereinafter, the "General Terms and Conditions") applicable to the use of the services offered by AVATSHOP (hereinafter, the "Services") within the site www.avatshop.com (hereinafter, "AVATSHOP" or the "Site"). Anyone who wishes to access and / or use the Site or the Services may do so subject to the General Terms and Conditions of AVATSHOP, along with all other policies and principles that govern AVATSHOP and that are incorporated herein by reference.
ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH HAVE A COMPULSORY AND BINDING NATURE, MUST REFRAIN FROM USING THE SITE AND / OR THE SERVICES.
The User must read, understand and accept all the conditions established in the General Terms and Conditions and in the Privacy Policies, as well as in the other documents incorporated into them by reference, prior to their registration as a User of AVATSHOP.
01 - Capacity
The Services are only available to people who have the legal capacity to contract (hereinafter, the "User", or in plural, the "Users"). People who do not have this capacity, minors or AVATSHOP Users who have been temporarily suspended or permanently disabled may not use the Services. To register a User as a Company, they must have sufficient capacity to contract on behalf of and on behalf of such entity as well as to bind it under the terms of this Agreement.
02 - Registration
It is mandatory to complete the registration form in all its fields with valid data in order to use the services provided by AVATSHOP. The User must complete the aforementioned registration form with the personal information that is requested in an exact, precise and true way (hereinafter, the "Personal Data") and assumes the commitment to update the Personal Data as necessary. The User expressly agrees that AVATSHOP uses various means to identify their personal data, the User assuming the obligation to review and keep them updated. AVATSHOP is NOT responsible for the accuracy of the Users' Personal Data. Users guarantee and respond, in any case, to the veracity, accuracy, validity and authenticity of their Personal Data.
At its sole discretion, AVATSHOP may require additional registration from Users who operate as sellers, as a requirement for said Users to access special packages of publications. In these cases, once the additional registration has been made, the sales offers will only be published in AVATSHOP through any of said packages or under the modalities that AVATSHOP enables for this type of Users.
AVATSHOP reserves the right to request any additional proof and / or data in order to corroborate the Personal Data, as well as to temporarily or permanently suspend those Users whose data could not be confirmed. In these cases of disqualification, all published articles will be removed, as well as the offers made, without generating any right to compensation.
The User will access her personal account (hereinafter, the "Account") by entering her email and chosen personal security key (hereinafter, the "Security Key"). The User undertakes to maintain the confidentiality of her Security Code.
The Account is personal, unique and non-transferable, and the same User is prohibited from registering or owning more than one Account. In the event that AVATSHOP detects different Accounts that contain matching or related data, it may cancel, suspend or disable them.
The User will be responsible for all the operations carried out in her Account, since access to it is restricted to the entry and use of her Security Code, of exclusive knowledge of the User. The User undertakes to notify AVATSHOP immediately and by suitable and reliable means, of any unauthorized use of their Account, as well as the entry by unauthorized third parties to it. It is clarified that the sale, assignment or transfer of the Account (including reputation and qualifications) is prohibited under any title, unless expressly authorized by AVATSHOP.
AVATSHOP reserves the right to reject any application for registration or to cancel a registration previously accepted, without being obliged to communicate or state the reasons for its decision and without generating any right to compensation or compensation.
See user disabling or suspension policies
03 - Modifications of the Agreement
AVATSHOP may modify the General Terms and Conditions at any time by making the modified terms public on the Site. All modified terms will take effect 10 (ten) days after their publication. Said modifications es will be communicated by AVATSHOP to users who, in their AVATSHOP Account Settings, have indicated that they wish to receive notifications of changes to these Terms and Conditions. Any user who does not agree with the modifications made by AVATSHOP may request the cancellation of their Account.
The use of the Site and / or its Services implies full acceptance of these General Terms and Conditions of AVATSHOP, as well as any of the other policies, annexes and principles that govern AVATSHOP.
04 - List of Goods
4.1. Using AVATSHOP
By publishing an advertisement on the Site, the seller User expressly consents to the use of AVATSHOP as one of the available ways to pay for the good or service offered and undertakes not to modify the sale price of the good or service in any way if the buyer decided to use AVATSHOP. Likewise, the User declares that he has read, understood and accepted the Terms and Conditions of use of said service.
In the event that AVATSHOP detects that by any means the User is violating the aforementioned obligations, it may cancel, suspend or temporarily or permanently disable their Account.
4.2. License to images, photographs, brands and Product Information
The user authorizes AVATSHOP and its associated companies to use, publish, reproduce and / or adapt the images and photographs included in their publications, their commercial name, brands, advertising phrases, logos, designs, drawings, images and any other distinctive sign that Identify the User and their products or services (the "Brand") and information on their products or services ("Product Information"). It will be the obligation of the User to include in the publications the images, photographs and Brand, as well as the Product Information, in an updated manner, including those warnings that are required by the applicable legislation for the sale or advertising of products and services. In accordance with the foregoing, AVATSHOP may obtain the images, photographs, Brand and Product Information directly from the User, third parties authorized by the latter, or through the User's website.
In particular, the User grants AVATSHOP and its related companies a free, irrevocable, non-exclusive, international authorization with no time limit to use, publish, reproduce and / or adapt the images, photographs, the Brand and the Product Information with the in order to be used in all AVATSHOP sites and applications, social networks and / or in any mass and non-mass communication medium, including without limitation, platforms and any other digital or physical means that AVATSHOP considers appropriate or with those other platforms or Internet sites with which AVATSHOP has made an alliance, to identify offers, classify products, create catalogs, carry out advertising and marketing actions linked to AVATSHOP services, including the possibility of association with brands and / or trade names of third parties, as well as sublicense its use to third parties, including, without limitation, but not limited to, powers of use, publi cation, reproduction and adaptation of images, photographs, Brand and Product Information within the framework of Catalog Publications.
The User declares and guarantees that he is the owner or licensee of the necessary rights over the images, photographs contained in his publications, on the Trademarks, as well as on the Product Information, and that he has the rights and powers necessary to grant the detailed authorization in this clause, being solely responsible for any infringement of third party rights or for inconsistencies or inaccuracies in the Product Information.
AVATSHOP may eliminate the publication of the images and photographs, and even the good or service, if it interprets, in its sole discretion, that the image does not comply with these Terms and Conditions. The images and photographs of goods or services published under the Premium modality must meet some additional requirements as a condition to be displayed on the Main Page of the Website. Know the requirements.
4.3. Prohibited Items
Only those whose sale is not tacitly or expressly prohibited in the General Terms and Conditions and other AVATSHOP policies or by current law may be entered into the lists of goods and / or services. For more information on prohibited items and / or services, you can consult our AVATSHOP Prohibited Items Policies.
05 - Information Privacy
To use the Services offered by AVATSHOP, Users must provide certain personal data. Your personal information is processed and stored on servers or magnetic media that maintain high standards of security and protection, both physical and technological. For more information on the privacy of Personal Data and cases in which personal information will be disclosed, you can consult our Privacy Policies.
06 - Obligations of Users
6.1. Buyer's Obligations
During the period set by the Selling User, interested Users will make purchase offers for the goods and contracting offers for the services. The sale offer is closed once the term expires or the amounts stipulated by the Seller expire, while the service contract offer ends with the expiration of the contracted publication term.
The Buyer is obliged to try to communicate with the seller and complete the operation if he has made an offer for an article published under the modality of "immediate purchase" or if he made the highest offer, in cases where this modality is allowed, except that the operation is prohibited by law or the General Terms and Conditions and other AVATSHOP policies, in which case you will not be obliged to carry out the operation.
By bidding for an item, the User agrees to be bound by the conditions of sale included in the item's description to the extent that they do not violate the laws or the General Terms and Conditions and other AVATSHOP policies. The purchase offer is irrevocable except in exceptional circumstances, such as the seller substantially changes the description of the item after an offer is made or the seller is unable to verify the identity of the seller.
Purchase offers will only be considered valid, once they have been processed by AVATSHOP's computer system.
When the Buying User has made an offer on an article published on the Site, he must qualify the counterpart in accordance with the provisions of Clause 14 of these General Terms and Conditions.
Taxes. As established by current tax regulations, the buyer must demand an invoice or ticket from the seller as proof of the operation. The seller will not be obliged to issue an invoice or ticket only in the case of a natural person who occasionally makes sales.
6.2. Seller's Obligations
The selling User must have the legal capacity to sell the good object of his offer. Likewise, it must comply with all relevant regulatory obligations and have the records, authorizations, permits and / or authorizations required by the applicable regulations for the sale of the goods and services offered. If the selling User has received at least one offer on the minimum price that he established, he is obliged to try to communicate with the buyer and complete the operation with the User who has made the highest offer or the one that reaches the price established in the Buy mode Immediate. The cancellation of a sale by the selling User will impact its reputation. Any seller User who has a percentage of canceled sales equal to or greater than 2.5%, may be warned, suspended and / or disabled by AVATSHOP to continue operating on the site.
Since AVATSHOP is a meeting point between buyer and seller and does not participate in the operations that are carried out between them, the Seller will be responsible for all the obligations and tax charges that correspond to the sale of their items, without it being attributed to AVATSHOPe some kind of liability for breaches in this regard.
When the selling User has received an offer on an article published by him, he must qualify the counterpart in accordance with the provisions of Clause 14 of these General Terms and Conditions.
Taxes. As mentioned above, AVATSHOP only makes available to Users a virtual space that allows them to communicate via the Internet to find a way to sell or buy items and / or services from third parties. AVATSHOP does not have any participation in the process of negotiation and improvement of the definitive contract between the parties. Therefore, AVATSHOP is not responsible for the effective fulfillment of fiscal or tax obligations established by current law.
The seller agrees that his buyer can revoke the purchase within a period of 10 days after receiving the product. Likewise, the seller accepts that buyers may request the exchange or return of the product under the terms of the Protected Purchase program and other Annexes, up to 10 days after receipt of the product.
07 - Prohibitions
Users may not: (a) manipulate the prices of the articles; (b) interfere with the bidding between different Users; (c) maintain any type of communication by e-mail or by any other means (including social networks) during the offer of the good with any of the Users who participate in it, except in the Questions and Answers section; (d) make known See your personal data or that of other users through the Questions and Answers section and / or by any other means (including but not limited to Twitter, Facebook and / or any other social network), except as specifically stipulated for the Cars category , motorcycles and others, Services and Real Estate; (e) accept personal data provided by other users through the Questions and Answers section and / or some other means (including but not limited to Twitter, Facebook and / or any other social network); (f) publish or sell items prohibited by the General Terms and Conditions, other AVATSHOP policies or current laws; (g) insult or attack other Users; (h) use your reputation, ratings or comments received on the AVATSHOP site in any area outside of AVATSHOP; (i) publish identical articles in more than one publication.
This type of activity will be investigated by AVATSHOP and the offender may be sanctioned with the permanent or temporary suspension of the Account, the cancellation of the publication and / or in any other way that it deems appropriate, without generating any right to compensation or redress. any, and without prejudice to the legal actions that may arise due to the configuration of crimes, contraventions or civil damages that may be caused to the offering Users.
08 - Violations of the System or Databases
Any action or use of device, software, or other means tending to interfere both in the activities and operations of AVATSHOP and in the offers, descriptions, accounts or databases of AVATSHOP is not allowed. Any interference, attempt or activity violating or contrary to the laws on intellectual property rights and / or the prohibitions stipulated in this contract will make the person responsible for the pertinent legal actions, and the sanctions provided for in this agreement, as well as make him responsible to compensate the damages caused.
09 - Sanctions. Suspension of operations
Without prejudice to other measures, AVATSHOP may warn, temporarily suspend or permanently disable a User's Account or a publication, apply a sanction that negatively impacts the reputation of a User, initiate the actions it deems appropriate and / or suspend the provision of its Services if (a) any law is broken, or any of the stipulations of the General Terms and Conditions and other AVATSHOP policies; (b) if you breach your commitments as a User; (c) if at the discretion of AVATSHOP, malicious or fraudulent conduct or acts were incurred; (d) the identity of the User could not be verified or any information provided by the same is erroneous; (e) AVATSHOP understands that publications or other actions may be cause of responsibility for the User who published them, for AVATSHOP or for other Users in general.
In the case of the suspension of a User, whether temporary or permanent, all the articles published will be removed from the system and in no case will the publication charges involved be returned or reimbursed. Bids for the purchase of goods offered under the auction mode will also be removed from the system.
10 - Responsibility
AVATSHOP only makes available to Users a virtual space that allows them to communicate via the Internet to find a way to sell or buy services or goods. AVATSHOP is not the owner of the items offered, does not have possession of them or offer them for sale. AVATSHOP does not intervene in the improvement of the operations carried out between the Users or in the conditions stipulated by them for them, therefore it will not be responsible for the existence, quality, quantity, condition, integrity or legitimacy of the goods offered, acquired or alienated by Users, as well as the ability to contract from Users or the veracity of the Personal Data entered by them. Each User knows and agrees to be solely responsible for the articles she publishes for sale and for the offers and / or purchases she makes.
Because AVATSHOP does not have any participation during the entire time that the article is published for sale, nor in the subsequent negotiation and completion of the definitive contract between the parties, it will not be responsible for the effective fulfillment of the obligations assumed by the Users in perfecting the operation. The User knows and accepts that when carrying out operations with other Users or third parties, they do so at their own risk. In no case will AVATSHOP be responsible for lost profits, or for any other damage and / or harm that the User may have suffered, due to the operations carried out or not carried out by articles published through AVATSHOP.
AVATSHOP recommends acting with prudence and common sense when carrying out operations with other Users. He User must also bear in mind the risks of contracting with minors or with people who use a false identity. AVATSHOP will NOT be responsible for carrying out offers and / or operations with other Users based on the trust placed in the system or the Services provided by AVATSHOP.
In the event that one or more Users or a third party initiate any type of claim or legal action against another or other Users, each and every one of the Users involved in said claims or legal actions exempts AVATSHOP and its directors, managers, from all liability. employees, agents, operators, representatives and proxies. Users have a period of 60 days from purchase to initiate a claim against one or more other Users. After this period has expired, they will not be able to initiate a claim from the AVATSHOP site.
By virtue of the fact that the seller user has the power to eliminate questions or prevent a user from asking questions or offers in their publications, it is clarified that in that case, the user will be solely responsible for that decision and the consequences that may arise.
11 - Scope of AVATSHOP services
This agreement does not create any partnership, mandate, franchise, or employment relationship between AVATSHOP and the User. The User acknowledges and accepts that AVATSHOP is not a party to any operation, nor does it have any control over the quality, safety or legality of the advertised items, the veracity or accuracy of the advertisements, the Users' ability to sell or buy items. AVATSHOP cannot ensure that a User will complete an operation nor can it verify the identity or Personal Data entered by Users. AVATSHOP does not guarantee the veracity of third-party advertising that appears on the site and will not be responsible for the correspondence or contracts that the User enters into with said third parties or with other Users.
12 - System failures
AVATSHOP is not responsible for any damage, loss or loss generated to the User due to failures in the system, the server or the Internet. AVATSHOP will not be responsible for any virus that could infect the User's equipment as a result of access, use or examination of its website or as a result of any transfer of data, files, images, texts, or audio contained therein. Users may NOT impute any responsibility or demand payment for lost profits, by virtue of damages resulting from technical difficulties or failures in the systems or on the Internet. AVATSHOP does not guarantee continued or uninterrupted access and use of its site. The system may eventually be unavailable due to technical difficulties or Internet failures, or for any other circumstance beyond AVATSHOP; In such cases, an attempt will be made to restore it as quickly as possible without any kind of liability being attributed to it. AVATSHOP will not be responsible for any errors or omissions contained in its website.
13 - Rates. Billing
Enrollment in AVATSHOP is free. The User must pay AVATSHOP only one cost for the sale when the operation is completed or when the User does not qualify the operation within the corresponding period. In the case of publications in the category Cars, motorcycles and others and Services and real estate, the User must only pay AVATSHOP a cost for publishing. In both cases the charges vary according to the exposure of the advertisement on the Website.
AVATSHOP reserves the right to modify, change, add, or eliminate current rates, at any time, which will be notified to Users, in the manner established in Clause 3. However, AVATSHOP may temporarily modify the Rates Policy and the rates for their services due to promotions, these modifications being effective when the promotion is made public or the announcement is made.
AVATSHOP reserves the right to take the judicial and extrajudicial measures it deems pertinent to obtain the payment of the amount due.
In the event of charges that have not corresponded, the User must contact our Customer Service team to resolve said issue. Any questions, consult our Billing Policies.
All information on these issues will be published in Rates and Billing, which will be considered an integral part of the General Terms and Conditions.
15 - Reputation system
Because verification of the identity of Users on the Internet is difficult, AVATSHOP cannot confirm the intended identity of each User. Therefore, Users have a User reputation system that is periodically updated based on data related to their activity on the site and the comments entered by the Users themselves according to the operations they have carried out. Both buyer Users and seller Users are in They are obliged to enter a rating informing about the completion or not of the operation; You can also enter a comment about how the particular shopping experience turned out.
By virtue of the ratings and comments that are made by the Users, these will be included under the sole responsibility of the Users who issue them. AVATSHOP has no obligation to verify the veracity or accuracy thereof and is NOT responsible for the statements made there by any User, for the offers of purchases or sales that Users make taking them into account or for the trust placed in the ratings of the counterparty or by any other comment expressed within the site or through any other means, including email. AVATSHOP reserves the right to edit and / or delete those comments that are considered inappropriate or offensive. AVATSHOP maintains the right to exclude those Users who are subject to negative ratings and / or comments.
Learn more about our Reputation System.
15 - Intellectual property - Licenses - Links
AVATSHOP and / or its controlling companies, subsidiaries, affiliates or subsidiaries reserve all rights, including intellectual and industrial property rights, associated with AVATSHOP services, its websites, the contents of its screens, programs, databases. , networks, codes, development, software, architecture, hardware, content, information, technology, integration phases, functionalities, domains, files that allow the User to access and create their Account, sales tools, brands, patents, copyrights, industrial designs and models, trade names, among others, and declares that they are protected by current national and international laws.
In no case will it be understood that the User will have any type of right over them except to use the AVATSHOP service in accordance with the provisions of these General Terms and Conditions. The improper use or contrary to the current regulations of AVATSHOP's intellectual and industrial property rights, as well as its total or partial reproduction, is prohibited, unless expressly authorized in writing by AVATSHOP.
Users may not communicate that the products or services they offer are sponsored, promoted, produced, offered and / or sold by AVATSHOP and they must refrain from performing any act that could cause damage, loss of reputation, or decrease in the value of rights. of intellectual and industrial property of AVATSHOP.
The site may contain links to third party websites. As AVATSHOP has no control over such sites, it will not be responsible for the content, materials, actions and / or services provided by them, nor for damages or losses caused by the use of these sites, caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, endorsement of AVATSHOP with said sites and their contents.
16 - Tickets
The Tickets section is especially for the sale of tickets for Latin Music Festival LLC, a commercial partner of Avatshop LLC. By making a purchase in said section, you automatically accept the conditions of use of the platform, regarding the distribution and use of the information.
Refunds in this section are only applicable when justified in advance.
Appeals are not allowed in this regard without justification.
If the event has not yet occurred, refunds cannot be made without prior authorization.
17 - Jurisdiction and Applicable Law
This agreement will be governed in all its points by the laws in force in the EEUU.
Any controversy derived from this agreement, its existence, validity, interpretation, scope or compliance, will be submitted to the competent courts of the city of Salt Lake City, Utah.
18 - Contact
If you have any questions about the General Terms and Conditions of AVATSHOP, consult our Contact page.