1. General conditions of use purchasers

Preamble

Lokalic Europe launches, on lokalic.com (hereinafter "Site"), a virtual marketplace (MarketPlace) which will allow Buyers (hereinafter "Buyers" or "You"), after registration, to contact, through its intermediary, sellers, individuals or professionals, also registered on the Site (hereinafter "Sellers"), in order to buy new and second-hand Products (hereinafter "Products") offered at a fixed initial price (hereinafter the "Service"). To use the Service, the Buyer must accept these General Terms and Conditions of Use Buyer (hereinafter the "Terms of Use Buyer "), without restriction or reservation. This acceptance is made concrete by a click of validation during its inscription on the Service. Sales made through the intermediation of the Service between Buyers and Sellers are governed by the Service's General Terms and Conditions of Sale (hereinafter the "GCS"), which must also be accepted by the Buyer at the time of each purchase. They complete the current Buyer GTU. Lokalic Europe recommends that you inform yourself about the content of the GCS by clicking on General Terms and Conditions of Sale.

  1. Object

The purpose of these Buyer GTU is to define the Conditions under which lokalic.com makes available to Buyers, within the Service, technological tools used to purchase Products through sellers.

  1. Description of the service

The Service consists of a set of tools enabling Buyers to register on the Website, to contact sellers to place orders for Products, to confirm receipt of Products and to communicate with each other using a messaging tool made available to them. A rating system is also integrated to allow Buyers to evaluate the quality of their dealings with Sellers. Transactions carried out via the Service for the purchase of Products are processed directly between the Buyer and the Seller. lokalic.com is in no way a reseller of the Products offered by the Sellers through the intermediation of the Service. As a result, Products purchased via the Service cannot be returned or exchanged on lokalic.com or in the physical Lokalic Europe stores. However, in order to improve the quality of its Services and to better select its partners, lokalic.com asks you to send us any comments and suggestions regarding the quality of transactions carried out via the intermediation of the Service. To this end, lokalic.com provides you with the following e-mail address: [email protected]. In the event of non-compliance with these General Terms and Conditions of Use, lokalic.com reserves the right to temporarily or permanently block access to the Service for the Buyer concerned. Each Buyer undertakes to complete purchases in good faith.

  1. Access to the service

Access to the Service by Buyers is reserved for strictly personal use. When using the Service, the Buyer declares that he/she is acting in a private capacity. In addition to the acceptance of the present GTU Buyer, access to the Service is subject to the opening of an account on the Site. To do so, you must provide us with the information that allows you to identify yourself. When opening this account, you undertake to provide only accurate information, and to inform lokalic.com without delay of any changes affecting us, using the messaging tool made available to you within the framework of the Service. To use the Service, you must use the username and password created when you opened your account. You undertake to keep them secret and not to disclose them to third parties, as you are solely responsible for accessing the Service using your username and password, unless there is proof of fraudulent use for which you are not responsible. In the event of loss, hacking or fraudulent use of your user name and/or password, you undertake to inform lokalic.com customer service immediately.

  1. Price of the service

The opening of an account and the use of the Service are free of charge (except for possible connection costs, where the price depends on your data operator, with no obligation to purchase from the Site), except for the purchase of Products from the sellers, in accordance with the terms set out in the Terms and Conditions set out in the GCS.

  1. Personal data

We inform you that your data will be processed by Lokalic Europe. (hereinafter "Lokalic Europe") which will act as the data controller. The purposes of such processing are the maintenance of the business relationship and the services offered or contracted associated with that relationship. It will also send commercial communications of products and services of both Lokalic Europe and third parties. The legitimate basis of these treatments is the commercial obligation itself. The legitimate basis for sending commercial communications both own and third parties, is the own explicit consent contained in this document. Personal data will be kept for the duration of the business relationship and thereafter, provided that the customer has not exercised its right of deletion, will be retained taking into account the legal deadlines that apply in each specific case, taking into account the type of data and the purpose of processing. Lokalic Europe may communicate your data to courier and transport companies with which it carries out the shipping service of the products purchased, in order to proceed with the transport, forwarding and shipping of the product, based on the contractual relationship established between the customer and Lokalic Europe. Lokalic Europe guarantees the holder the exercise of the rights of access, rectification, deletion, opposition, limitation and portability by writing to the Data Protection Committee of Lokalic Europe Department Store, Katowice, accompanied by a photocopy of the ID card. For more information about the processing of your personal data, please refer to the Privacy Policy of Lokalic Europe, hosted on the website www.lokalic.com.

  1. Intellectual Property

All texts, comments, reference works, illustrations, works and images reproduced or represented on the website are strictly reserved under copyright and intellectual property rights, the use of which is assigned to Lokalic Europe, for the entire duration of the protection of these rights and throughout the world. In this respect and in accordance with the provisions of the copyright law, use is only permitted for private use, subject to any different or even more restrictive provisions of the copyright law. Any reproduction, representation, modification or adaptation of all or part of the website and/or all or part of the elements found on the website or incorporated therein is strictly prohibited. If any product marketed through this service were subject to intellectual or industrial protection, the seller shall be solely responsible for any breach of such rights, exonerating Lokalic Europe from any claim that may arise from such breach.

  1. Responsibility

The Liability of lokalic.com towards the Buyer shall only arise for acts which are directly attributable to Lokalic Europe and which cause damage to the Buyer directly c7. Lokalic Europe will not be held responsible for these facts committed by Lokalic Europe. Lokalic Europe will not be responsible for any damage caused to the buyer and in which Lokalic Europe could have intervened indirectly. Lokalic Europe will also not be responsible for any damage that may be caused to the buyer due to the misuse of the Service by the buyer or any error on the buyer's part. Neither will Lokalic Europe be responsible for facts attributable to a third party to the Service. Lokalic Europe will not be responsible, under any circumstances, for the contents that buyers and/or sellers may incorporate on the website owned by Lokalic Europe, especially with regard to the description of Products or the assessments that Buyers make of the sellers, the products, the prices, etc. Finally, lokalic.com declines all responsibility concerning the sales made by the Buyers through its Service, with the sellers, of whose relationship Lokalic Europe is totally foreign. Any complaint concerning the products themselves, comments appearing in the description of the Products or the shipments of Products will be redirected to the Seller in each case, who will assume the sole Responsibility in this regard. The Buyer is solely responsible for the use he makes of the Service, in particular for the assessments and/or evaluations made by the Sellers' website, and for this reason, he exonerates Lokalic Europe from any claim arising from these facts, and also undertakes to indemnify Lokalic Europe for any claim that the latter may receive from any third party or administration arising from these facts or from any use made by the Buyer of the lokalic.com website.

  1. Partial nullity

If one or more provisions of these TOU are considered invalid or are declared as such in application of a law, a regulation or a final decision of a competent jurisdiction, the other provisions shall retain their full force and scope.

  1. Applicable Law

  2. General conditions of use sellers

Preamble

Lokalic Europe Spain (hereinafter "Lokalic Europe") launches, on lokalic.com (hereinafter the "Site"), a virtual Marketplace (MarketPlace) allowing sellers (hereinafter "Sellers" or "You"), after their registration, to put themselves, through their intermediary, in relation with private Buyers (hereinafter "Buyers"), also registered on the Site, with the aim of selling new and second-hand items (hereinafter the "Products") at the original price (hereinafter the "Service"). In order to use the Service, the Seller agrees to be bound by the present General Terms and Conditions of Use of the Seller (hereinafter the "Seller GTU") without restriction or reservation. This acceptance is materialized by a validation click when registering with the Service. Sales made through the intermediation of the Service between Buyers and Sellers are governed by the General Terms and Conditions of Sale (hereinafter the "GCS"), which must also be accepted by the Buyer at the time of each purchase. They complement the present General Terms and Conditions of Sale of the Seller. Lokalic Europe reserves the right to modify the present Seller GTU. Any modification will take effect immediately for the Products online as soon as it is notified to the Seller. They shall not apply to transactions in progress at the time of their entry into force.

  1. Subject matter

The purpose of the present Seller GTU is to define the Conditions under which Lokalic Europe makes available to the Sellers, within the framework of the Service, technological tools that allow the Sellers to offer the Products for sale.

  1. Descripción del Servicio

The Service consists of a set of tools that allows Sellers to contact Buyers, to propose Products for sale, to reference and describe these Products, to accept orders placed by Buyers, to receive payment for the Products purchased and to manage the After-Sales Service for the Products sold by them. The transactions carried out via the Service, for the needs of the sale of the Products, are concluded directly between the Buyer and the Seller. Lokalic Europe is in no case a reseller of Products proposed by the Sellers through the intermediation of the Service. However, being always concerned to improve the quality of its Services, Lokalic Europe recommends you to communicate to us all the comments and suggestions that you may wish to bring to our knowledge regarding the quality of the transactions carried out on the Service. For this purpose, Lokalic Europe puts at your disposal the following e-mail address: [email protected].

On the other hand, in case of non-compliance with the present GTU Seller, Lokalic Europe reserves the right to temporarily or permanently interrupt the access to the Service to the Seller concerned, suspending or cancelling the present GTU and this, without notice or compensation in favor of the said Seller. In principle, the Seller is responsible for all taxes with respect to the transaction it carries out with a Buyer.

By exception, as from 1 July 2021, for transactions between a Buyer located in a country of the European Union, acting as a private person and (i) a Seller established outside the European Union or (ii) a Seller established within the European Union but importing the Products from a country outside the European Union, Lokalic Europe is liable for the VAT relating to the sale and purchase concluded between the Seller and the Buyer, in accordance with Royal Decree 1624/1992 of 29 December 1992 approving the Value Added Tax Regulations and Law 37/1992 of 28 December 1992 on Value Added Tax, as amended respectively by Royal Decree 424/2021 of 15 June and Royal Decree-Law 7/2021 of 27 April transposing Council Directive (EU) 2017/2455 of 5 December 2017. In these cases, the Seller does not have to pay VAT to the Polish tax authorities, with Lokalic Europe being responsible for paying directly to the tax authorities the VAT corresponding to the transaction between the Seller and the Buyer. This amount will be deducted by Lokalic Europe from the amounts payable to the Seller. For transactions for which Lokalic Europe is liable for VAT due to the fact that the Products are imported from a country outside the European Union, the Seller acknowledges that the accuracy of the tax regime related to a transaction between a Seller and a Buyer depends on the information communicated by the Seller to Lokalic Europe.

Consequently, the Seller undertakes to provide Lokalic Europe for each transaction with a Buyer the place of shipment of the Products sold to this Buyer. The Seller expressly acknowledges that the correct completion of the transaction with a Buyer located in Poland requires the respect of several formal conditions allowing the systematic control of the packages by the customs administration. In particular, the Seller undertakes to affix on the package containing the Products the IOSS number (order with a value excluding taxes and transport costs less than or equal to 150 €) or the VAT number (order with a value excluding taxes and transport costs greater than 150 €) of Lokalic Europe in order to allow the transmission of correct information for the VAT processing of the Products. In addition, when a Buyer purchases several Products from the same Seller in a single order, the Seller undertakes to group the Products in a single package. For each transaction with a Buyer, the Seller acknowledges that it is fully responsible for the customs duties due on the introduction of Products into the territory of the European Union, undertakes to pay them in full and to include them in the duty-free selling price of the Products. In no event shall any customs duties paid in respect of the Products be separately invoiced or charged to the Buyer.

  1. Access to the Service

In addition to the acceptance of the present GTU Seller, the access to the Service is subject to the opening of a Lokalic Europe account. For this, the Seller must provide the data that will allow its identification and contact. During the opening of this account, he agrees to provide only accurate information and to inform Lokalic Europe without delay of any change affecting us. This identification and contact information will be used to communicate to the seller any customer request related to the GDPR. Lokalic Europe will consider this information as communicated once the request has been sent. The lack of response will be understood as conformity and therefore the request managed, being the responsibility of the Seller from that moment. To access the Service, the Seller must use the username and password created when opening the account. Furthermore, the Seller undertakes to keep them secret and not to disclose them to third parties, as he/she shall be solely responsible for accessing the Service using his/her username and password, unless there is proof of fraudulent use for which he/she is not responsible. However, always concerned with improving the quality of its Services, Lokalic Europe recommends the Seller to communicate all the comments and suggestions he wishes, concerning the quality of the transactions carried out on the Service.

For this purpose, Lokalic Europe makes available to you the following e-mail address: [email protected] addition to the acceptance of the present GTU Seller, the access to the Service is subject to the opening of a Lokalic Europe account. For this, the Seller must provide the data that will allow its identification and contact. During the opening of this account, he agrees to provide only accurate information and to inform Lokalic Europe without delay of any change affecting us. This identification and contact information will be used to communicate to the seller any customer request related to the GDPR. Lokalic Europe will consider this information as communicated once the request has been sent. The lack of response will be understood as conformity and therefore the request managed, being the responsibility of the Seller from that moment. To access the Service, the Seller must use the username and password created when opening the account. Furthermore, the Seller undertakes to keep them secret and not to disclose them to third parties, as he/she shall be solely responsible for accessing the Service using his/her username and password, unless there is proof of fraudulent use for which he/she is not responsible. However, always concerned with improving the quality of its Services, Lokalic Europe recommends to the Seller to communicate all the comments and suggestions he wishes, concerning the quality of the transactions carried out on the Service. For this purpose, Lokalic Europe makes available the following e-mail address: [email protected]. The Sellers will be able to benefit from services that allow them to optimize the sales of Products such as: the massive import of offers (by CSV file, API or FTP), the creation of new product files or having a personalized attention from the commercial team of the Marketplace, among others. The Sellers exonerate Lokalic Europe from any responsibility for the data published and/or communicated by the Seller to Lokalic Europe, whether personal, of the Products sold or of any other kind.

  1. Obligations relating to transactions carried out through the intermediation of the Service

4.1 General obligations

Only any legal entity, whether private or public, acting directly or through another person on its behalf or following its instructions, for a purpose related to its commercial activity, business, trade or profession, may be a Seller through the intermediation of the Service, and the Seller must identify itself to the Buyer in this way. The Seller undertakes to comply with the legislation applicable to the exercise of a commercial activity, in particular by being registered as self-employed or registered in the relevant Commercial Register, and to comply with accounting, social and tax obligations. The Seller also undertakes to comply with the laws and regulations that apply to him in his capacity as a professional, particularly with regard to the Products he sells through the Website and declares that he is aware of the consumer regulations that apply to him and is responsible for their compliance. Furthermore, the Seller is expressly forbidden to promote directly or indirectly, in any form whatsoever (in particular by inserting hypertext links), advertising messages in the description of the Products, printouts in packages sent to the Buyer, or even by using the URL address of its website or of a third party website in its user or on the Seller's website, or by using personalised packaging promoting or informing about its Products or Services, or those of a third party. The Seller undertakes to do its utmost to fulfil its Obligations by providing a quality Service to the Buyers. It undertakes in particular to reply to the emails from the Customer Service and the Commercial Service of Lokalic Europe as well as to those of the Buyers within 48 working hours from their receipt.

4.2 Obligations relating to offers of Products on the Website

The Seller undertakes and guarantees that it will only sell Products of which it is the owner or which it has the rights to sell. It guarantees that it does not in any way contravene the laws, regulations in force and applicable standards, whether mandatory or not (in particular with regard to the marketing of games, toys and any other object) and that it does not infringe the rights of third parties. To this end, in particular, the Seller is prohibited from selling any Product consisting of works that contravene intellectual property law or any Product whose marketing is regulated by law, regulation or contract (in particular due to the existence of a selective distribution network). The Seller is solely responsible for the sale of the Products offered for sale on the Service. In the description associated with the offers of Products proposed on the Website, the Seller undertakes to act in good faith. It is solely responsible for the accuracy of the information provided and undertakes not to mislead potential Buyers as to the characteristics of the Product, its condition or its price. The Seller shall communicate to Buyers all information enabling them to know the essential characteristics of the Product (composition of the Product, accessories included, origin, etc.). The Seller further undertakes to ensure that the illustrations provided in the description associated with the Product offers it proposes (photograph, drawing, etc.) are in conformity with the Products thus illustrated and respect the rights of third parties. The Seller guarantees to Lokalic Europe that, where applicable, it has the rights, particularly intellectual property rights, corresponding to these illustrations, allowing it to use them to present the Products.

4.3 Obligations relating to the price of the Products

The selling price of the Products is freely defined by the Seller, in compliance with the laws and regulations in force. This price must be displayed on the Website with all taxes and charges included (VAT, packaging costs, etc.), except for shipping costs, which will be added by Lokalic Europe to the price of the order when the Buyer validates it, although the Seller may choose to customize these costs or even provide free shipping. Discounts resulting from Lokalic Europe promotions and visible on lokalic.com or in the physical stores, will not be available for Marketplace orders. However, Lokalic Europe may invite Sellers to associate their offers with certain lokalic.com promotional campaigns, the Seller being ultimately responsible for the offers it publishes. The products sold on the MarketPlace of lokalic.com do not benefit from the member discount or from any of the advantages granted by Lokalic Europe to its members, as they are not sales made by Lokalic Europe.

4.4 Obligations relating to the price of the Products

Contracts for the sale of Products offered by the Seller on the Website are concluded between the Seller and the Buyer on condition that the Product is available. The Seller undertakes to offer on the Website only available Products and to remove from the Website, without delay, any offer relating to Products that are no longer available. Lokalic Europe informs the Seller by email and in its account, when a Product it has uploaded on the Website has an order request by a Buyer. The Seller must then expressly confirm the availability of the Product concerned within 48 working hours, following receipt of the request set out in the preceding paragraph. The Seller also undertakes to consult regularly, and at least once a day per working day, its emails received at the address provided to Lokalic Europe during the opening of its account and then, thereafter, in case of change affecting this information, to know the list of Products requested by the Buyers, of which it must confirm the availability within the time limit mentioned in the preceding paragraph. Confirmation of the availability of the Product by the Seller implies acceptance of the sales contract and this may have consequences, as the Seller undertakes to comply with the conditions of the shipping method offered. (See point 4.5: Obligations relating to the delivery of Products) If there is no response from the Seller within 48 hours, the sales contract will be automatically terminated and the Seller's account will be placed in "suspended mode". In the event of absence or unavailability for more than 48 working hours, the Seller must temporarily suspend publication of its Products on the Website by activating "suspended mode" on its account. The Seller undertakes to fulfil at least 95% of the orders for Products offered for sale on the Website. By default, Lokalic Europe reserves the right to temporarily or permanently interrupt the access to the Service to the Seller concerned, by suspending or cancelling the present conditions and this, without notice or compensation in favor of the Seller. The Seller acknowledges and assumes its exclusive responsibility derived both from the sale and purchase itself and from the products sold, being solely responsible for it towards the Buyer or any other third party.

4.5 Obligations relating to the shipment of Products

The following shipping methods may be offered to the Buyer under the conditions defined below:

  • Regular shipping (no tracking number)
  • Certified shipping (shipment with tracking number and customer signature)

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The Seller is obliged to send to the Buyer, together with the order, a delivery note of the Product purchased, as well as to attach the corresponding invoice in a message to the Buyer through the platform. The Seller undertakes to pack the ordered Products with all the necessary care to prevent them from being damaged during transport. The Product travels at the Seller's cost and risk. In case of non-receipt of the shipment or incidence in the delivery, the Seller undertakes to provide a solution to the Buyer (reimbursement of the order or shipment of another unit of the same article) as soon as possible. Lokalic Europe sends to the Seller, at the latest within 24 hours after the order has been placed and after the payment has been made, the data relating to the Buyer which will enable it to send the Product(s) ordered. The Seller undertakes to dispatch any Product(s) ordered within 48 working hours of Lokalic Europe's communication of the Buyer's details.

(i) Options available within the shipment of oversize products: *

  • With or without appointment. (Choose one of the two)
  • Delivery on the street or at the Buyer's home. (Choose one between the two) In case of a complaint from a Buyer regarding a Product, (including when the Seller is informed of such complaint through the information tool made available to him on the Service and/or by sending an email from Lokalic Europe), the Seller must personally deal with the resolution of the Buyer's complaint. Disputes are settled directly between the Buyer and the Seller. Otherwise, with the help of the messaging tool made available on the Service, the Seller shall make every effort to resolve the dispute amicably. If the Buyer's complaint proves to be well-founded, the Seller shall proceed either to resend the Product ordered or to reimburse the Buyer. However, in the event that the Seller has not resolved the dispute within 8 working days of receipt of the complaint, Lokalic Europe reserves the right, after having previously informed the Seller, to proceed to reimburse the amount of the Product to the Buyer. This same amount will then be deducted from the sums to be transferred by Lokalic Europe to the Seller for the Products sold by the Seller via the Service. In case the Buyer makes use of the right of withdrawal, Lokalic Europe, as a trusted third party, may reimburse to the Buyer the amount of the Product returned by the Buyer and received by the Seller via his bank card. In the event that Lokalic Europe has to pay money back to the Buyer, because the Buyer has assumed costs that legally correspond to the Seller, the latter consents that Lokalic Europe withholds, from the amounts to be paid to the Buyer for the purchases made through the System, the amounts paid by Lokalic Europe on behalf of the Seller.

4.7 Exclusion of liability

The Seller exonerates Lokalic Europe from any liability, claim, complaint, etc., that Lokalic Europe may receive as a consequence of the products advertised and/or sold by the Seller. Therefore, Lokalic Europe shall not be responsible, nor liable, for any reason whatsoever for the products, prices, performances, etc. of the Seller. In the event that any penalty is imposed on Lokalic Europe or any amount is due to Lokalic Europe for these reasons, the Seller undertakes to pay the same or to reimburse Lokalic Europe for the amounts it may have paid for these reasons.

  1. Financial arrangements

For each order of Products received by a Buyer, Lokalic Europe will receive from the Seller, in addition to the handling fee, a commission equal to a percentage of the sale price (including transport costs). VAT will be added to this commission. All sales made by the Seller will have a minimum commission of X. That is, when the commission on the sale does not exceed this amount, the minimum rate will be applied. Example: Sale of a computer accessory whose price is 3€ (shipping and VAT included).

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  1. Vendor Evaluation

Lokalic Europe makes available to the Buyers means that allow them to evaluate the performance of the Sellers after the confirmation of the reception of the ordered Product; this allows the Buyers to select the Products from the most serious Sellers and the most respectful of the Terms of Use of the Service. The assessment is made according to evaluation criteria and by the allocation of stars. Lokalic Europe reserves the right to temporarily or definitively interrupt the access to the Service of the Seller for which the evaluation is lower than 4.5, suspending or cancelling the present and this, without notice or compensation in favour of the Seller.

  1. Personal Data

In accordance with the applicable regulations on the protection of personal data, in particular with the provisions of Regulation (EU) 2016/769 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter "RGPD"), and to the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (hereinafter "LOPDGDDD"), it is agreed that: Contact details of the parties: - Personal Data will be processed and retained for the duration of the contract, unless the parties are obliged to retain them by the Data Retention Legislation or for the defence against legal claims. - Personal contact details will not be passed on by either party to any third party nor will they be transferred outside the European Economic Area. In the event that one of the data controllers carries out a transfer of the personal data subject to the processing in question to third countries without an adequate level of protection, said controller guarantees compliance with the obligations set out in the GDPR. - Data Subjects may exercise their rights of access, rectification, opposition, deletion and portability at Lokalic Europe at any time at no cost in writing through the forms provided for this purpose at [email protected], or by written request addressed to Lokalic Europe, Katowice, indicating in the subject "Data Protection", with a copy of their identification document and indicating the right to be exercised. In addition, the interested parties may contact the Data Protection Officer of Lokalic Europe through the form hosted at [email protected] for any queries related to the processing of the aforementioned Personal Data by Lokalic Europe. - In the same way, the interested parties may exercise their rights of access, rectification, opposition, deletion and portability in the channel that the seller has available for this purpose and whose description is stated at the time of registration as a Lokalic Europe Marketplace Seller. Confirm this point in the final wording. In this sense, both parties acknowledge that they are responsible for the processing in accordance with Article 26 of the RGPD and Article 29 of the LOPDGDD, determining between them the main objective, which is to serve customer orders placed through the lokalic.com platform for products marketed by Marketplace Sellers. In order to carry out the processing in question, Lokalic Europe will carry out the following processing activities [include activities to be carried out by Lokalic Europe; this field must be filled in for the final document]. On the other hand, the vendor will carry out the following activities [include activities carried out by the vendor; this field is required for the final document]. Data Subjects may exercise their rights of access, rectification, opposition, deletion and portability at Lokalic Europe at any time free of charge by writing to Lokalic Europe using the forms available at [email protected] in accordance with the applicable regulations on the protection of personal data, in particular with the provisions of Regulation (EU) 2016/769 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter "RGPD"), and to the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (hereinafter "LOPDGDDD"), it is agreed that: Contact details of the parties: - Personal Data will be processed and retained for the duration of the contract, unless the parties are obliged to retain them by the Data Retention Legislation or for the defence against legal claims. - Personal contact details will not be passed on by either party to any third party nor will they be transferred outside the European Economic Area. In the event that one of the data controllers carries out a transfer of the personal data subject to the processing in question to third countries without an adequate level of protection, said controller guarantees compliance with the obligations set out in the GDPR. - Data Subjects may exercise their rights of access, rectification, opposition, deletion and portability at Lokalic Europe at any time at no cost in writing through the forms provided for this purpose at [email protected], or by written request addressed to Lokalic Europe, Katowice, indicating in the subject "Data Protection", with a copy of their identification document and indicating the right to be exercised. In addition, the interested parties may contact the Data Protection Officer of Lokalic Europe through the form hosted at [email protected] for any queries related to the processing of the aforementioned Personal Data by Lokalic Europe. - In the same way, the interested parties may exercise their rights of access, rectification, opposition, deletion and portability in the channel that the seller has available for this purpose and whose description is stated at the time of registration as a Lokalic Europe Marketplace Seller. Confirm this point in the final wording. In this sense, both parties acknowledge that they are responsible for the processing in accordance with Article 26 of the RGPD and Article 29 of the LOPDGDD, determining between them the main objective, which is to serve customer orders placed through the lokalic.com platform for products marketed by Marketplace Sellers. In order to carry out the processing in question, Lokalic Europe will carry out the following processing activities [include activities to be carried out by Lokalic Europe; this field must be filled in for the final document]. On the other hand, the vendor will carry out the following activities [include activities carried out by the vendor; this field is required for the final document]. Data Subjects may exercise their rights of access, rectification, opposition, deletion and portability at Lokalic Europe at any time free of charge in writing via the forms available at [email protected] , or by written request addressed to Lokalic Europe Department Stores, Katowice indicating in the subject line "Data Protection" with a copy of their identification document and indicating the right to be exercised. - Similarly, interested parties may exercise their rights of access, rectification, opposition, deletion and portability in the channel that the seller has available for this purpose and whose description will necessarily be included along with the invoice documentation at the time of sending to the customer. - The responsible parties must give each other the corresponding reciprocal transfer of any request for any right that the interested parties interpose related to this treatment, within a period that may not exceed seven (7) working days. - Data Subjects may exercise their rights under the GDPR against, and in relation to, each of the Controllers. - Data Subjects may also lodge a complaint with the competent supervisory authority.

  1. Intellectual Property

All texts, comments, reference works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property rights owned by Lokalic Europe, for the entire duration of the protection of these rights and throughout the world. Any reproduction or representation of all or part of the website or of all or part of the elements found on the website is strictly prohibited.

  1. Responsibility

The Seller shall indemnify Lokalic Europe for any damage suffered by Lokalic Europe and for any liability action brought against Lokalic Europe on account of the violation by the Seller of any right of a third party, including a Buyer, when this damage results from the sale of Products, from the use made by the Seller of the Service, or from any other fact imputable to the Seller. The Liability of Lokalic Europe towards the Seller can only be declared for facts directly attributable to it and, if declared, would be limited to the amount corresponding to the orders placed with the said Seller in the preceding month. Lokalic Europe shall not be liable for indirect damages, especially the loss of the possibility to sell Products in case of unavailability of the Service. The Liability of Lokalic Europe can also not be engaged by the fact of the misuse of the Service by the Seller. Lokalic Europe declines all responsibility concerning the sales closed between the Sellers and the Buyers through the intermediation of its Service. Any complaint concerning the Products, (description, delivery, Conditions of use, condition, intellectual property, etc.) which would be brought to the knowledge of Lokalic Europe will be transmitted to the concerned Seller, who will assume the sole Responsibility.

  1. Partial nullity

If one or more provisions of these Terms and Conditions of Sale are considered invalid or declared as such in application of a law, a regulation or a final decision of a competent jurisdiction, the other provisions shall retain their full force and scope.

  1. Applicable law / Attribution of jurisdiction

The present Terms and Conditions of Sale are subject to Spanish law. Any dispute relating to their interpretation and/or their execution shall be subject to Spanish jurisdiction. In the event of a dispute between Lokalic Europe and a Seller, the Courts of Katowice shall have jurisdiction to settle such disputes, waiving any other jurisdiction to which they may be entitled.

  1. General Terms and Conditions of Sale

Preamble

These General Terms and Conditions of Sale (hereinafter the "GCS") apply in addition, as far as Buyers are concerned, to the Buyers' GTU and, as far as Sellers are concerned, to the Sellers' GTU, in which the capitalized terms are defined in these GCS. The GCS apply to all sales of Products made through the intermediation of the Service between the Seller and the Buyer. Their function is to mediate between Sellers and Buyers of Products, excluding those between Buyers and lokalic.com or between Sellers and lokalic.com. Relations between Buyers and lokalic.com are governed by the Buyer TOU. Relations between sellers and lokalic.com are governed by the Seller GTU. lokalic.com is not the Seller of the Products purchased through the intermediation of the Service; only the Seller, whose name is indicated on the description sheet of each Product, is the contracting party of the Buyer for the purchase of the so-called Products. Lokalic Europe is not a party to such contract and assumes no responsibility for it. The transactions effected by the purchase are processed directly between the Buyer and the Seller. In MarketPlace the products are offered by third parties, so the offers or promotions that Lokalic Europe has on its own website will not be applicable to them, and Lokalic Europe will not be responsible for the products offered nor for the guarantee of the same. The seller is responsible for the information concerning the products, for the fulfilment of the contract and for their compliance with the applicable regulations. Therefore, the Products may not be returned or exchanged through lokalic.com or through a Lokalic Europe physical store. Therefore, Lokalic Europe shall not be liable to anyone for the products sold by the seller through this service, and the LGDCU does not apply to it.

  1. Formalization of the sales contract between the Buyer and the Seller
  1. The Products are presented on the Website with a description informing the Buyer of their essential characteristics and price. 2) The Buyer selects the Product(s) he/she wishes to purchase. 3) By confirming the order with the Product(s) chosen, the Buyer acknowledges that he/she has read and accepted these GCS. 4) The Buyer receives an email confirming his order. 5) The Seller is informed by lokalic.com that one or more Products that he/she has uploaded onto the Website have been the subject of an order request. 6) The Seller undertakes to confirm and/or cancel the availability of the Product(s) ordered by the Buyer within 2 working days following the information received in accordance with point 5. In the event that the same Product is ordered by several Buyers at the same time, and depending on the availability of this Product (special, unique, second-hand product), it will only be sold to the first Buyer to record his order. At that moment, the order of the other Buyers will be invalidated and they will be notified. In case of rejection of the order, Lokalic Europe will not assume any subsidiary or joint and several liability. 7) Once the availability of the Product(s) is confirmed or invalidated by the Seller, an e-mail is sent to the Buyer to inform him of the availability or not of the Product(s) ordered. 8) Once availability is confirmed, the Seller undertakes to ship the Product(s) within the established deadline and the Buyer will be charged for the amount of the order. In the absence of confirmation of the availability of the Product(s) within the deadline set out in point 6), the contract concluded between the Buyer and the Seller is automatically cancelled and each of the parties is released from its Obligations. In particular, the Buyer is assured that his bank account will not be debited. However, this will only occur in cases of non-availability of the products. 9) In the event of confirmation of the availability of all or part of the Products ordered by the Buyer, the so-called Products shall be dispatched by the Seller in accordance with the procedures set out in article 3. 10) The Buyer must confirm without delay in "My Account" the correct receipt of each Product ordered. By default, the Product shall be deemed to have been received for all purposes within 21 days from the date of dispatch, unless the Buyer declares otherwise. 11) The Buyer is requested to evaluate the Seller's performance in accordance with the procedures set out in article 7.
  1. Price and Payment

The purchase price of the Product is fixed by the Seller. It is stated in euros, VAT INCLUDED, on the description sheet, except for shipping costs, which will be added before the order is validated. Payment for purchases made through the intermediary of the Service may be made by bank card or gift card (purchased on lokalic.com or in Lokalic Europe Shops). In case of withdrawal or cancellation, the amount of the Gift Card used in a marketplace purchase will be accumulated in the Gift Voucher account and can be used in a next online purchase (it cannot be used in physical Lokalic Europe stores). Customs. The payment of possible taxes or customs duties shall be borne by the buyer, unless the seller expressly states otherwise in the product offer or in communication with the buyer.

  1. Shipping methods and costs

The following shipping methods are offered to the Buyer, under the Conditions defined below: - Ordinary shipment

  • Registered shipment (shipment with tracking number) The Seller may refuse to ship the Product ordered by normal shipping method whatever the price of the Product. In this case, this exception must be clearly stated in the description associated with the Product. By default, the criteria for the choice of shipping methods mentioned in the previous paragraphs shall apply. The Seller undertakes to send the ordered Product(s) to the Buyer within 2 working days, following the date of confirmation of availability of the ordered Product(s), and the Seller undertakes to dispatch the Product(s) in due time. The Products are shipped to the address indicated by the Buyer in " my account " and shipped in the Conditions chosen during his order. From that moment, it is the sole responsibility of the Buyer to ensure that the information he/she communicates to lokalic.com for this purpose is and remains correct, as this will enable him/her to receive the Products he/she purchases on the Website. The Products travel at the cost and risk of the Seller. Lokalic Europe is not responsible for the veracity of the data published on the website by the buyer.
  1. Right of withdrawal

In relation to Lokalic Europe, as it is not the seller of the products purchased by this means, the LGDCU will not apply. In the event that the seller is an entrepreneur, the LGDCU shall apply to the relationship between the consumer and said entrepreneur, in which case said Seller shall give the consumer the right to withdraw from the contract by returning their purchases within 14 calendar days. In case of returning the product without its original packaging, the product may be depreciated.br> The withdrawal period shall expire after 14 calendar days from the day on which the consumer or a third party indicated by him, other than the carrier, received the good. Where the consumer has purchased multiple goods delivered separately in the same order, the withdrawal period shall expire 14 calendar days from the day on which the consumer or a third party other than the carrier and indicated by the consumer received the last of those goods. Where the consumer has purchased a good composed of multiple components or parts, the withdrawal period shall expire 14 calendar days from the day on which the consumer or a third party, other than the carrier and indicated by the consumer, received the last component or material. Where the consumer has contracted for recurring delivery of goods over a fixed period, the withdrawal period shall expire 14 calendar days from the day on which the consumer or a third party, other than the carrier and indicated by the consumer, received the first of those goods. To exercise the right of withdrawal with respect to products purchased exclusively on the Marketplace platform www.lokalic.com, you must express to the Seller your unequivocal decision to withdraw from the contract for which you must contact the Seller, who will inform you of how to exercise such withdrawal as well as the consequences of exercising this right. You can access the withdrawal form by clicking here.

  1. Litigation - Complaints

Without prejudice, where applicable, to the rights mentioned in article 4 above, the Buyer has the possibility to report in " My Account ", within 21 days of receipt of the Product, any complaint which meets the following criteria: - Product not received: the Product has not been received by the Purchaser. - Non-conforming Product: the Product received does not correspond to the Product ordered. - Damaged Product: the Product received is superficially damaged or broken. Disputes are settled directly between the Buyer and the Seller, otherwise with the help of the messaging tool made available to you in the Service. The Buyer and the Seller shall make every effort to reach an amicable settlement of the dispute. Depending on the case, the dispute will result either in the reshipment of the Product ordered or in the reimbursement of the same. In the event that the Seller and the Buyer have the status of entrepreneur and consumer, respectively, in accordance with the provisions of Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013, the European Commission provides a platform for out-of-court online dispute resolution which is available at the following link: http://ec.europa.eu/consumers and through which consumers can submit their complaints.

  1. Guarantees

In case the Seller is a professional or entrepreneur, the Seller is obliged to deliver to the consumer and user products that are in conformity with the contract, being liable to him for any lack of conformity that exists at the time of delivery of the product. The consumer and user has the right to have the product repaired, replaced, the price reduced or the contract terminated. The Seller is liable for any lack of conformity that becomes apparent within 1 year of delivery. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with this deadline will not entail the loss of the right to the corresponding remedy, being the consumer and user responsible, however, for the damages or losses actually caused by the delay in communication.

  1. Vendor evaluation

lokalic.com provides Buyers with the means enabling them to evaluate the performance of the Sellers after confirmation of receipt of the Products ordered. This transfer allows the Buyers to select the Products from the most serious Sellers who best respect the Terms of Use of the Service. The assessment is carried out according to evaluation criteria and by allocation of star(s) by the Buyers. In this respect, lokalic.com does not ensure any control of the rating made by the Buyers; it only stores it on the Website. However, it may have to remove without notice, any rating whose content has been reported to it as illicit. The evaluations left by the Buyer, as well as his pseudonym, will be visible to any visitor of the Site.

  1. Personal data

We inform you that your data will be processed by Lokalic Europe (hereinafter "Lokalic Europe") which will act as the data controller. The purposes of such processing are the maintenance of the commercial/contractual relationship, carrying out orders and services offered or contracted associated with this relationship, and subsequent billing thereof. The legitimate basis of these treatments is the commercial obligation itself and to comply with legal obligations. Personal data will be kept for the duration of the business relationship and thereafter, provided that the supplier has not exercised its right of deletion, will be retained taking into account the legal deadlines that apply in each specific case, taking into account the type of data and the purpose of processing. Lokalic Europe guarantees the holder the exercise of the rights of access, rectification, deletion, opposition, limitation and portability by writing and attaching a photocopy of the ID to Lokalic Europe España, Katowice or electronically on the forms available on [email protected]. In compliance with condition 5 of the Buyers' TOU, the Buyer is informed that all the data collected within the framework of the Service during the execution of the same are processed by Lokalic Europe for the purpose mentioned in these conditions. The information and data of the Buyers and Sellers will be communicated to the other party in order to be able to provide, by the same, the services contracted and object of this Marketplace. The parties undertake to maintain the security of the personal data they keep.

  1. Security

The site is subject to a security system: lokalic.com has adopted the SSL encryption procedure but has also reinforced all the interference and encryption procedures to protect as effectively as possible all the sensitive data linked to the payment methods used by the site.

  1. Partial nullity

If one or more stipulations of the present GCS are considered as invalid or declared as such in application of a law, a regulation or a final decision of a competent jurisdiction, the other stipulations will retain their full force and scope.

  1. Applicable Law

These GTU Buyer are subject to European law. For the resolution of any dispute relating to their interpretation and/or execution, the parties submit to the Courts and Tribunals of the city of Katowice, renouncing any other jurisdiction that may correspond to them, except for the competent jurisdiction in the case of consumers.