Uvalla

Termini e condizioni

GENERAL CONDITIONS OF USE AND CONTRACT OF UVALLA

These Terms and Conditions of Use and Contract (hereinafter Terms and Conditions)
govern the use and access to the UVALLA.com website, owned by Sebastián Crispo (hereinafter,
UVALLA ) for registered users (hereinafter, the user or users ) as well as the contractual
relationship between UVALLA and the user during the process of under -treatment of the
services offered by UVALLA via the platform.

The service

UVALLA is a Marketplace that offers its users the ability to buy items from independent stores (Vendors or Sellers) registered to the service under the conditions established by UVALLA . It consequently offers vendors (hereinafter sellers) the possibility to run an independent online shop within Uvalla, and sell their goods online.

The access to the platform implies the knowledge and acceptance of the present terms
and conditions:

Access and registration

To be a platform user and access its services, it is essential that the following conditions
are fulfilled:

  • Have consented or be over 18
  • Fill in precisely the mandatory fields of the registration form, in which personal data are
    requested

The user warrants that all information about his identity as well as the order provided to
UVALLA in its Platform registration forms is true, accurate and complete. They also
undertake to keep their data up to date. In the case that the user provides false,
inaccurate or incomplete information or if UVALLA believes that there are good reasons
to doubt the veracity, accuracy and integrity of these, UVALLA may refuse access and
current or future use of the Platform or its contents and / or services, or may completely delete a user account.

When registering on the platform, the users must enter their full name, an e-mail and username as a user
ID, and a contact telephone number and select a password access
(password). The password will be strictly confidential, personal and non-transferable. The
user undertakes not to divulge the data relating to his account nor to make them
accessible to third parties. The user will be solely responsible for the use of such data by
third parties, including statements made on the platform, or any other action performed
using a username and / or password.

UVALLA may allow registration in the platform by synchronization with third-party services
(for example, login with a Facebook account). UVALLA will always ask for the user’s
consent before registering on his website for synchronizing services between a third party
and UVALLA .

UVALLA can not guarantee the identity of registered users. Therefore, it will not be
responsible for using the identity of a registered user by unregistered third parties. The
user is obliged to immediately inform UVALLA of theft, disclosure or loss of his username
or password, by sending it to [email protected] .

Once the registration is complete, all users can access their profile and complete and / or
modify it as they see fit. The user can change their personal data, their password or their
phone.

By accepting the terms of use of the platform , the user agrees to receive emails informing
him of relevant changes to his account (such as the creation of the user or the withdrawal
of the user) or orders (such as an accepted order, a canceled order or a finished order).

Responsibility for the use of the platform


Uvalla has no obligation to verify and don’t verify the identity of the users, nor the
veracity, validity, completeness and / or authenticity of the data provided. Uvalla has
no obligation to control and does not control the use that users make of the platform and,
therefore, does not guarantee that users use the platform in accordance with the terms,
or that they use it diligently and / or use it cautiously.
Uvalla excludes all liability for damages of any kind that may be due to the illegal use
of the Platform by users or that may be due to the lack of veracity, validity, completeness
and / or authenticity of information that users provide to other users about themselves
and, in particular, the services offered to enter into contracts via the platform, as well as
for damages of any kind that may be due to the usurpation of the personality of a third
party by a user in any type of communication established via the platform.
In spite of the foregoing, Uvalla reserves the right to limit, in whole or in part, access to
the Platform to certain users, as well as to cancel, suspend, block or delete certain types
of content, by means of technological tools adapted for this purpose, if Uvalla
believes that there are good reasons to doubt its veracity, accuracy and integrity or that
the activity or information stored is illegal or it damages the property or the rights of a
third party. In this sense, Uvalla will be able to establish the necessary filters in order to
prevent illegal or harmful content from being put on the network through the service.
Uvalla will not respond in the event of service interruptions, connection errors, lack of
availability or malfunctions of the Internet access service, interruptions of the Internet
network or for any other reason beyond its control.
Uvalla is not responsible for any security errors that may occur or damage the user’s
computer system (hardware and software), files or documents stored there, due to:

  • The presence of a virus in the user’s computer system or mobile terminal used to
    connect to the services and content of the platform;
  • A malfunction of the browser;
  • Use of non-updated versions.

Price and method of payment

The prices of the services offered in the platform include the value-added tax (VAT) or any
other applicable taxes or fees and can be expressed in euros (€) and in other major
currencies.
The price of the items for sell are determined by each seller independently. The user will always be informed of the final price before the completion of the ordering process.
Uvalla uses the services of a financial intermediary to manage the payments, STRIPE,
whose conditions of use can be read by the user before making the
payment. The user must enter the information of his method of payment at the time of
placing the order and Uvalla will charge as a deduction the total amount of the order
at the time of payment. The user can make the payment by debit or credit card.

Any payment made to Uvalla will result in the issuance of a proof of payment together
with a summary of the order on behalf of the user, in accordance with the information
provided during the ordering process, which will be sent by e-mail to the
address provided by the user. Similarly, users registered in the platform will have a
section in their private area where they will be able to view all the orders placed so far in
the platform.

Uvalla Payments functionality may be made available, modified, or discontinued by us at any time without notice and is subject to the limitations in Uvalla Terms of Use.

As a security measure, we may impose transaction limits on buyers and sellers. For example, we may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a seller: (a) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (b) if we permit a buyer to withdraw from a transaction.

Uvalla may refuse service of Uvalla Payments to anyone, for any reason, at any time.

Uvalla reserves the right to decline or refund transactions that we believe to be high risk, fraudulent, in violation of trade sanctions, or otherwise in violation of Uvalla’s Terms of Use.

In the event that a buyer does not make payment for the purchase of a legitimate item sold using Uvalla Payments (e.g., where the buyer used a stolen or unauthorized credit card), Uvalla may provide limited payment protection to the seller, in the interest of fairness.

Uvalla maintains records associated with transactions on Uvalla Payments and does not pass any secure data, including credit card numbers or bank account information, to any sellers. Sellers will only receive shipping information and limited buyer account information necessary to complete the order.

Privacy

Your privacy is important to Uvalla.

For the purposes of the provisions of Organic Law 15/1999 of 13 December on the
protection of personal data, personal data that you provide to us by e-mail or in the
various sections of the site are protected by the law of organic protection of data of
character 15/1999 (LOPD) and other related data protection regulations. In compliance,
the personal data processed on the website are declared in a private file with the Spanish
Data Protection Agency, in order to answer questions, manage our services or send
information about our services and Promotions provided that the user did not object to
such use.
The file manager is Sebastian Crispo, L.S. domiciled at Via Creu 59, 07180 in
Santa Ponsa. At the same address, or by sending an e-mail to [email protected], the party
concerned can exercise the rights of access, rectification, cancellation and opposition of
the data, by sending a written and signed request including name, last names, a
photocopy of the ID, action requested and address to send you confirmation of your
action based on your request.
In any case, Uvalla guarantees the protection of the confidentiality and the security of
the personal data by having adopted the security measures legally required which makes
it possible reasonably to ensure the protection of your personal data and to prevent any
loss, misuse, alteration, processing or unauthorized access to your data

Both Uvalla and the sellers process user’s personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Uvalla, will be responsible for that unauthorized disclosure.  

If, however, Uvalla and sellers are found to be joint data controllers of buyers’ personal information, and if Uvalla is sued, fined, or otherwise incurs expenses because of something that sellers have done as a joint data controller of buyer personal information, the seller agrees to indemnify Uvalla for the expenses it occurs in connection with your processing of buyer personal information.

Update and modification of the platform

Uvalla may modify these Terms at any time by email, via the platform’s internal
messages section or by posting the amended terms in the Platform. All modified terms
will automatically become effective 30 days after publication.
In addition, Uvalla reserves the right to make, at any time and without notice, updates,
modifications or deletions of the information contained in its Platform when configuring
and presenting this and the terms and access conditions, without assuming any
responsibility for that.

Intellectual Property of UVALLA

Uvalla is the owner or licensee of the intellectual and industrial property rights
pertaining to the text, graphics, navigation structure, testing, presentation and all the
functionalities of the platform. Accordingly, UVALLA will be responsible for the exclusive
exercise of exploitation rights, and in particular rights of reproduction, distribution, public
communication and processing, in accordance with Spanish legislation on intellectual and
industrial property rights.
The access authorization of the Platform to the user does not imply resignation,
transmission, license or total or partial transfer of intellectual or industrial property rights
by UVALLA.
It is forbidden to delete, avoid or manipulate in any way the content of the platform
UVALLA (except content modified or deleted by users previously uploaded by users according to our terms), it is also prohibited to modify, copy, reuse, exploit, reproduce, communicate
publicly, create second or subsequent publications, download files, send by mail,
transmit, use, process or distribute in any manner all or part of the content of the platform
holadrop for public or commercial purposes, if you do not have the express written
permission of holadrop or, as the case may be, the owner of the rights to which it
corresponds.

Independence of clauses

If any provision of these Terms is null and void, it will be deemed not to be so. This
declaration of invalidity will not void the rest of the Terms, which will maintain its validity
and effectiveness between the parties.
If any provision of these Terms is declared, in whole or in part, null or void, such voidness
or ineffectiveness will only affect the provision or part of it that is void or ineffective, and
the Terms will survive for all other matters, having such disposition or the portion thereof
affected by the non-display.

Seller and UVALLA

Uvalla operates as a marketplace providing a platform for independent sellers to promote and sell their goods. Sellers are responsible for the inventory they make public, and are ultimately responsible for all the goods they sell via Uvalla, as well as the relationship they establish with customers via Uvalla, including communication and customer support, shipment, refunds, guarantee, and any other relevant matter involving their interaction.

Payments from customers buying goods on Uvalla are held on Escrow until sellers decide to retrieve them via their account Shop panel. In order to retrieve payments, Sellers must sign up for a Stripe account, and accept their terms and conditions of use. Stripe is not accepted in all countries, you can check which countries are accepted by visiting Stripe.com. Sellers wishing to sell from countries not accepted by Stripe, should contact Uvalla at info(@)uvalla.com.

UVALLA comission FEE

At the time of retrieving funds by SELLERS, UVALLA will keep a percentage corresponding to 10% of the total of each single transaction (sale), up to a maximum of 50Euro per sale.

Payment Processing Fees for Sellers

Additionally to the Uvalla Commission FEE, Uvalla charges a fee (the “Payment Processing Fee”) for processing each transaction through Uvalla. The fee amount will be assessed on the gross order amount, including shipping and tax (if applicable). Payment Processing Fees will be reflected in your payment account and will be deducted from the total amount of the payment at the time the payment is considered complete. We reserve the right to modify the Payment Processing Fee at any time. In the event of any partial or full refunds credited back to a buyer, the Payment Processing Fee and other applicable fees will be recalculated based on the adjusted sale price. The difference between the original Payment Processing Fee and the adjusted Payment Processing Fee will be applied to the refund amount being credited back to the seller. Other applicable fees will be refunded to the seller’s payment account.

The current payment processing fees Fees are: 1.4 % + 0.25 Euro for each transaction.

Shipments of goods by sellers

Sellers must set their shipping conditions and shop policies, including refund policy when they create their shop account. Shipping methods and prices may vary, but all shipping methods must include a tracking number that must be communicated to the buyer after the shipment is sent.

Seller Legal Obligations

The Seller is responsible for maintaining and reporting TAX and other Legal obligations regarding their business activity in their country of origin.

Termination

Sellers may terminate this contract and their acceptance of Uvalla Payments at any time by adjusting the Settings in their account with Uvalla. Uvalla may also terminate or suspend a seller’s use of Uvalla Payments at any time.

Indemnification

If Uvalla gets sued because of actions undertaken by users, sellers agree to defend and indemnify us. That means you’ll defend Uvalla (including any of our employees) and hold Uvalla harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

Disputes with Other Users

If you find yourself in a dispute with another user of Uvalla’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites may contact us to help resolve the case. Uvalla will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Uvalla has no obligation to resolve any disputes.

Release of Uvalla You release Uvalla from any claims, demands, and damages arising out of disputes with other users or parties.

Applicable Legislation


These Terms will be governed by Spanish law, which will be applicable in the
non-provisions of these Terms in terms of interpretation, validity and performance. Both
parties also submit, expressly waiving any other jurisdiction, to the courts and tribunals of
Mallorca.
The European Commission has recently made the online dispute resolution platform
available to consumers in the European Union to resolve disputes related to electronic
commerce amicably (Article 14 (1) of Regulation (EU) 524/2013). Therefore, users of the
platform have the right to submit claims via the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES.

Contact info:

For any doubts regarding our legal terms, contact Uvalla at [email protected]