mBay.es Terms and Conditions - Site User Agreement
Online terms and conditions are in addition to any general onsite auction terms and conditions.
Bidder/Seller and MBay.es agree that the terms listed below shall govern each online auction sale. This auction will be conducted within the framework of the rules listed below plus and other provisions that may be added by the mBay.es via e-mail or as posted on www.mbay.es.
All registration information the Bidder/Seller provides to MBay.es shall be current, complete, and accurate. Bidders/Sellers must be 18 years of age or older. Bidder/Seller agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale.
1. Access and use of the online auction site mBay.es (collectively the “Site”) is subject to any and all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement (collectively “Site User Agreement”) and all applicable laws and regulations, including but not limited to copyright and trademark laws.
It is for the exclusive use of Mallorcan Island residents ONLY.
2. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS HEREIN and to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of this Site. Legal action will be taken against anyone violating the terms and conditions or any other applicable law or regulation. mBay.es reserves the right to periodically change the terms and conditions and it is the Bidders’/Sellers’ responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Site. By using this Site, you agree in advance to accept any such changes.
3. Online Auction Fees: MBay.es will NOT charge NOR collect any fee, commission or payment from any successful bidder as an Auction Fee for any item. Sellers are equally free of all expenses and charges.
4. Item return/refunds: All items bid on and awarded to winning bidders become their property upon the final payment of the highest bid to the Seller. mBay.es will never take any part whatsoever in the payments and settlements between Bidders and Sellers which is their sole direct joint responsibility.
5. Firearms, Adult Material, Medical, Pharmaceutical Items: All such items are STRICTLY FORBIDDEN and will be removed immediately. Repeat infractions of this condition will result in the permanent banning of that Seller.
6. False Data or Information: You will be suspended or permanently banned from the Site if you provide false information when registering, such as a false name or fraudulent contact information. You will be permanently banned from this Site if you are the successful Bidder and you do not honor your auction bid.
7. Privacy: mBay.es use of e-mail addresses is strictly limited to contact Buyers and Owner/Sellers; any use of this private information by you is strictly prohibited.
8. Settlement or payment for purchases: Buyer must acknowledge and agree not to retract the bid-offer. Buyers & Sellers shall be jointly responsible for making arrangements for Item transfer.
9. Descriptions: The descriptions of item/lots: Items appearing in the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owners/Sellers or mBay.es concerning any item/lot shall be construed as a warranty either express or implied.
10. ITEM/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder’s failure to be fully informed as to nature, quality, condition, quantity, and size of any item/lot will not constitute a ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against MBay.es or Owner/Seller.
11. This Site User Agreement constitutes the final expression of the parties’ agreement and a complete and exclusive statement of the terms of the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the Item that is the subject of these sales.
MBay.es does not have direct control over the item/lots that are posted in the Site, and cannot guarantee the authenticity and quality of a said product. MBay.es is not responsible for the actions the Owner/Sellers and Buyers take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk.
12. Despite efforts to avoid the withdrawal of items/lots from the sale after they are listed, it may sometimes be necessary. mBay.es and the Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Sellers of items sold through this Site reserve the right to
13. Sellers reserve the right to resell any item not paid for in full within fourteen days of the online auction item/lot's closing date. Failure to pay for item/lots won on this online auction will result in banning from taking part in the site or any other auction, current or future. The Owner/Sellers of items sold through this web site reserve the right to reject any and all bids, if they so choose.
14. The final highest purchaser shall be designated at the end of each auction sale. If a dispute arises between two or more Bidders, mBay.es reserves the right to reopen bidding. mBay.es’s designation of the Buyer shall be final.
15. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and mBay.es and their employees, a governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) related to, arising from or associated with Buyer’s, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.
16. mBay.es is providing services as an independent entity for the Owner/Seller only and is not responsible for statements made by other parties.
17. This Site User Agreement constitutes a binding agreement between Bidder and mBay.es until terminated by mBay.es, which mBay.es may do at any time, without notice, at mBay.es’ sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue the use of the auction Site. mBay.es reserves the right to terminate Bidder registration and use of the auction Site and impose limits on certain features of the auction Site or restrict Bidder’s access to, or use of, part or the entire Site without notice or penalty.
18. mBay.es cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error-free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. mBay.es, at its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the mBay.es is final.
19. mBay.es gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. mBay.es does not and will not sell or rent this information.
20. mBay.es uses email mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to mBay.es to have your name promptly removed from our list.
21. As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your highest bid. Placing a bid on this Site, and winning, then not paying for the product is illegal in most jurisdictions, and prosecution may result. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole discretion. mBay.es undertakes the execution of online bidding as a convenience for clients and is not responsible for any inadvertent failure to execute bids, or for any error in the execution of bids.
22. As a Bidder, you are responsible for any bids placed by you or by any person logging in with your name, email or password. The security of your Bidder information is your sole responsibility as you, the Bidder will be responsible for any and all bids placed under that data. If at any time you feel that your Bidder data and password have been compromised due to lack of security on your part you must notify mBay.es immediately.
23. You agree that you will not use any robot, spider, other automatic devices, or manual process to monitor or copy the Site or the content contained herein without our prior, express written permission.
24. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
25. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of MBay.es.
26. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
27. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
28. Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Balearic Authority. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Palma de Mallorca, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
29. mBay.es may seek any interim or preliminary relief from a court of competent jurisdiction in Anderson County, South Carolina necessary to protect the rights or property of mBay.es pending the completion of arbitration. You and mBay.es are independent contractors, and no agency, partnership, joint venture, employee or franchiser-franchisee relationship is intended or created by this Agreement
30. The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the jurisdiction of Palma de Mallorca applicable to contracts entered into and to be performed entirely within the Balearic Islands, Spain. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
31. mBay.es’s failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
32. Your use of this auction site marks your acceptance in full of these Terms and Conditions.
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