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Terms of Use

Terms and Conditions of Use of the BigOcasion Portal and Services

These Terms and Conditions of Use apply to the services offered by BigOcasion through the website https://www.bigocasion.com/ and the platform hosted on it, as well as other communication channels that may be made available.

Acceptance

1.1. These Terms and Conditions of Use of the BigOcasion portal and services govern the hiring and use of the online platform accessible through the site https://www.bigocasion.com/ and other services provided by BigOcasion within the Platform and through other available means. By accessing the Site and registering to use the Platform and services, the eligible person, as regulated by these Terms, irrevocably and unconditionally accepts all its terms and conditions, and is therefore referred to as the "User."

1.2. These Terms establish and govern the contractual relationship between BigOcasion, the owner of the site and Platform, and its Users, as well as other instructions and special regulations made known to the User by BigOcasion and/or published on the Site https://www.bigocasion.com/, and/or Platform, which should be interpreted in harmony with these Terms.

1.3. BigOcasion may change these Terms at any time to improve the services provided, discontinue and/or create new services. The new Terms will take effect upon their publication on the Site https://www.bigocasion.com/, which will be notified to the User upon first login after the publication, and must be read and accepted to continue.

1.3.1. If the User does not agree with the new Terms, they must notify BigOcasion through the Platform, via “Contact Us” or a similar path. In this case, the contractual relationship will cease, provided there are no pending deliveries and/or outstanding amounts. If there is no response, it will be understood that the User has accepted the new Terms and the contract remains in effect.

1.3.2. Registered Users who access the Platform for the first time and do not reject the Terms as described in item 1.3.1 accept the new rules and usage conditions, understanding that any previous terms are revoked, leaving only these Terms in effect, with no grounds for complaint.

1.4. Access to Platform services is subject to the conditions in these Terms and other specific complementary terms, such as BigOcasion’s Privacy Policy, available on the Platform and Site, to which the User will have prior access. Continued access will constitute implicit acknowledgment and agreement. Updates, changes, cancellations, or discontinuation of specific terms will follow the general rules in these Terms, which the User hereby acknowledges and accepts.

1.4.1. In addition to the usage and privacy conditions in these Terms and BigOcasion’s Privacy Policy, the User is also subject to the BigOcasion Restricted Products Policy where applicable. Any violation may lead BigOcasion to terminate the contractual relationship and take legal action, including but not limited to notifying competent authorities or filing administrative or legal claims.

1.5. Accessing the Platform constitutes unconditional acceptance of the Terms and Specific Terms, and other instructions provided by BigOcasion. The User may not claim ignorance of their content or future changes.

1.6. Requesting an invitation via the Site constitutes acknowledgment and agreement with these Terms. Completing the registration confirms irrevocable and unconditional acceptance.

1.7. BigOcasion provides customer service channels during Platform use, available under “Contact Us” or similar.

Object

2.1. The services covered by these Terms include the provision of an electronic platform by BigOcasion where Users can: (i) list their products for online sale on marketplaces (hereinafter “Sales Channels” or “Partners”); (ii) engage in direct sales relationships with consumers via Partner sites/channels, managed centrally through BigOcasion’s Platform; (iii) manage their business through software that enables integrated management of products, inventory, sales, exchanges, returns, cancellations, deliveries, payments, and customer service in one place.

2.2. BigOcasion provides Users with a dynamic platform that connects their products to marketplaces (Partners) and supports sales management through innovative systems.

2.2.1. Variable Price Pool: Listing products on BigOcasion’s Platform for Partner marketplaces is done through a dynamic system called the “variable price pool.” Products with the most competitive offer (price, delivery time, shipping cost [if applicable], customer rating) are prioritized for publication and sale.

2.2.2. Fixed Price Pool: Alternatively, products may be listed using a “fixed price pool.” The User must accept the suggested price to participate. Orders are then distributed based on competitiveness. Refusing the fixed price disqualifies the User from participating. BigOcasion may suggest price changes, which must be accepted for continued participation. Participation does not guarantee sales or bind BigOcasion in any way.

2.3. BigOcasion does not supply or purchase products; it merely provides the Platform to connect Users, Partners, and Consumers. BigOcasion owns the ad space with Partners. Products are the exclusive responsibility of the User (unless the store is operated by BIGsales).

2.4. BigOcasion does not hold the User’s inventory and is not responsible for declared quantities, quality, preservation, pricing, or commercial management. Declaring inventory implies a responsibility to fulfill orders. Users may be held liable for any damages or fines resulting from failed deliveries.

2.5. BigOcasion reserves the right to unilaterally:

  • Modify, discontinue, or remove services, access, tools, or content at any time without cause or notice;

  • Change the Terms or specific conditions without notice;

  • Terminate integration with any Partner at any time;

  • Remove products that violate legal regulations or at the request of authorities, Partners, or Consumers;

  • Block or suspend payments in case of suspected inconsistencies;

  • Suspend or terminate User access to the Platform and require compensation for losses;

  • Pause sales if the User is inactive for over 30 days, without suspending financial obligations.

2.6. The User is solely responsible for the products (quality, attributes, warranties, etc.), invoicing (electronic invoices), and delivery. Any cost, fine, or damage resulting from noncompliance will be reimbursed to BigOcasion and/or Partners, regardless of intent or fault. BigOcasion may deduct such amounts from payment settlements.

General Usage Terms

3.1. By accessing the Platform or Site, the User accepts these Terms. By registering, the User also acknowledges the Specific Terms relevant to their relationship with BigOcasion and each Partner.

Registration

4.1. BigOcasion is not an open platform. Registration, use, and subscription require an invitation and selection by BigOcasion. Requests can be submitted via the “I want to participate” button, but selection is not guaranteed and remains at BigOcasion’s discretion.

4.2. Only legal entities established under Portuguese law and compliant with legal and tax obligations are eligible. Users must:

  • Complete the registration form, including a valid contact email and password (“Access Credentials”);

  • Issue electronic invoices in .XML format or other required documents;

  • Submit corporate documents (articles of association, debt certificates, ID documents of legal representatives, proof of address, etc.);

  • Maintain a minimum inventory (products with fewer than five units may be removed);

  • Provide product photos on a white background if requested;

  • Submit additional documents upon request at any time.

4.2.1. The User and their representatives declare they:

  • Do not and will not engage in corruption, bribery, illicit payments, or money laundering, complying with applicable laws;

  • Will disclose if any representative is or was a public official or related to one;

  • Acknowledge that violations may result in contract termination, withheld payments, and liability for damages;

  • Accept that audits may be conducted by BigOcasion or a third party;

  • Will promptly report any violations or suspected irregularities involving money laundering, terrorism financing, or corruption.

4.3. Registration is subject to approval without the need for justification.

4.4. The User must keep their Access Credentials confidential and accurate.

4.5. Lost or stolen credentials must be reported immediately. BigOcasion is not liable for misuse.

4.6. BigOcasion may block registrations using its name or offensive/inappropriate terms.

4.7. Registration is complete only after all documents are submitted and approved. Product listings are also subject to approval.

4.7.1. Failure to provide documentation may result in automatic cancellation without refunds.

4.8. Access Credentials are personal and non-transferable. Unauthorized sharing may lead to suspension or cancellation and legal liability.

4.9. Registered Users will be monitored via service performance metrics. Poor performance or operational inconsistencies may result in immediate blocking, cancellation, or legal action.

Product Registration, Stock, and Pricing

5.1. At the time of User registration, after submitting all required information and documentation and selecting the service plan contracted with BigOcasion, the User may begin registering and adding their products for BigOcasion’s review.

5.2. Product registration requires detailed information, which will be displayed on the Partner websites to guide Buyers interested in making a purchase. BigOcasion or the Partner is not responsible for discrepancies between the information provided by the User and what is displayed on the product page on the Partner’s site, or regarding the actual product delivered.

5.2.1. The User is solely responsible for any consequences resulting from entering incorrect information during product registration (barcode, internal code, title, description, features, attributes, categories, brand, images, package and/or product dimensions, price, stock, delivery time, or any other information).

5.3. Product registration on BigOcasion will include the following information. BigOcasion may add or remove fields at its sole discretion:

  • a) Barcode (EAN): a unique code provided by the product manufacturer. Correct entry is essential. Alternatively, the seller may register with GS1 Spain (https://gs1pt.org/) to obtain a prefix for generating a barcode with their own prefix.

  • b) Internal Code: used for internal tracking by the User.

  • c) Title: creative name of the product.

  • d) Description: physical characteristics and product details, including its story, technique used, care instructions, materials, etc.

  • e) Product photos: at least 1 (one) and at most 10 (ten) photos per product, with a minimum resolution of 500x500 pixels and a maximum size of 10MB each.

  • f) Categories: according to the predefined options of each Partner on the BigOcasion Platform.

  • g) Characteristics: specific attributes of the product.

  • h) Variants or variations: based on the product’s category, the Platform offers options to define variants for greater detail. Each variant may have a specific stock or operational lead time (cross-docking, production, etc.).

  • i) Item Dimensions: height, width, length, and weight.

  • j) Shipping Package Dimensions: dimensions and weight of the packaged product. The User may register multiple shipping packages for certain products.

  • k) Original Price: list price or initial selling price.

  • l) Sale Price: the actual price at which the product will be sold on the Partner sites. This may be equal to the Original Price if no discount is offered.

  • m) Stock: available quantity of the product.

  • n) Operation Lead Time: number of days required to produce, handle, or cross-dock the product. This will be added to the shipping and delivery time.

5.4. The User’s product registration may contain, when applicable, texts, photos, graphics, descriptions, videos, or other relevant information, provided they fully comply with the law, these Terms, Specific Terms, Partner commercial conditions, and other applicable regulations.

5.5. The product description must be clear and is the sole responsibility of the User, except when BigOcasion acts as a reviewer under these Terms.

5.5.1. BigOcasion’s product registration review is limited to spelling and grammatical corrections in the “Title” and “Description” fields. The publication of a reviewed product containing incorrect information does not absolve the User of responsibility for any resulting consequences. The User must review all registration data for accuracy and compliance with BigOcasion and Partner rules.

5.6. Product registration by the User implies a minimum stock availability. Failure to comply may result in suspension of the User’s registration. Products must always be available for delivery within the informed period, and the User is solely responsible for ensuring this.

5.6.1. In the fixed-price pool model, the User’s stock will be considered together with other Users selling the same product. Orders will be distributed based on specific rules of each fixed-price pool.

5.6.2. In the variable-price pool model, the stock shown to the Partner will correspond to the product offering the best price or best overall value (product price, delivery time, shipping cost, customer rating, etc.).

5.7. The price registered by the User must include all expenses, including any applicable taxes, which are the User’s responsibility. BigOcasion will not alter the registered price, except in the case of fixed-price pools, where the User must agree to the suggested price for publication.

5.8. If the User has a direct agreement with a Partner, they must make every effort to match the product prices listed on BigOcasion, to ensure success across all channels. BigOcasion aims to provide the most competitive pricing for Buyers. Any costs related to price matching are the User’s responsibility.

5.9. BigOcasion may, at its sole discretion and without infringing on the User’s rights, at any time and without prior notice, block, remove, and/or modify products that do not comply with these policies or BigOcasion’s business strategy, such as (but not limited to):

  • a) Services;

  • b) Products violating copyright (e.g., using trademarks, characters, slogans, lyrics, poems, or famous quotes without rights);

  • c) Products violating image rights (e.g., using third-party photos or images);

  • d) Used products;

  • e) Products harmful to health (e.g., toxic items);

  • f) Medicines, cosmetics, food, and other products requiring specific regulatory approvals;

  • g) Erotic or inappropriate products for minors;

  • h) Products with indications of child and/or slave labor;

  • i) Products promoting violence (e.g., firearms, ammunition, explosives, or replicas);

  • j) Discriminatory products;

  • k) Live animals;

  • l) Fireworks;

  • m) Handcrafted or manipulated products;

  • n) Illegally imported products or products of unknown/doubtful origin.

5.9.1. All products registered must include documentation proving the legality of sale per segment or brand regulations. Failure to provide such documentation upon request will result in removal. Any rights violations are the User’s sole responsibility.

5.10. It is forbidden to include personal contact information (e.g., phone numbers, email addresses, websites, store addresses) in product listings. Attempts to bypass the platform and sell directly to Buyers will result in account termination and possible liability for damages.

5.11. BigOcasion tracks the date and time of any changes made to product listings and may use this data to resolve disputes.

5.12. Any exceptions to the product registration process will be handled via the BigOcasion platform, and the User must correct any issues within the specified timeframe.

5.13. All products listed by Users will be sent to all Partners, subject to approval by BigOcasion. Partners may refuse to publish any product without BigOcasion being held liable.

5.14. There is no minimum timeframe for product publication. BigOcasion will strive to review and forward product listings to Partners as quickly as possible.

5.15. Customer service issues arising from inconsistent product data are the User’s responsibility. BigOcasion will not cover these costs.

5.16. BigOcasion may deduct from the User’s financial transfers any pricing or cost discrepancies resulting from registration or publication errors, without prior notice.

5.17. BigOcasion or Partners may modify product information to correct inconsistencies. If a product with an existing barcode is registered again, some fields (title, description, image) cannot be changed.

5.17.1. For products offered by multiple Users, some fields (title, description, image, etc.) will be replicated from the original listing, as outlined in clause 9.2, XVI of these Terms of Use.

5.18. The product ad space on Partner platforms belongs to BigOcasion. Once published, orders will be distributed among Users according to specific pool rules.

5.19. Registration requires minimum stock availability. The User is responsible for any resulting sales or cancellations, including intermediary fees, penalties, or damages. Any order cancellations may result in legal consequences and deductions from the User’s financial transfers.

5.19.1. The User must review product listings on Partner sites, even after BigOcasion’s grammatical review. By finalizing a product registration already existing in the BigOcasion system, the User accepts responsibility for the published data. In case of disputes or legal claims, the seller will be held liable.

5.20. The registered price must include all costs, including return logistics. By joining a product pool, the User accepts the set price voluntarily and must monitor their financial margins.

5.21. BigOcasion may block products that violate Partner policies (e.g., perishable goods, firearms, erotic items, counterfeit products).

5.22. BigOcasion may request documentation to verify a product’s origin and legality (e.g., invoice, authenticity certificate, debt clearance certificate). Submitting false documents will lead to legal penalties.


Regarding the contracting of services from the BigOcasion portal (subscription), billing, and cancellation

6.1. By completing the registration according to these Terms, the User formalizes the service provision relationship (hereinafter “Subscription”) with BigOcasion, according to the Service Plans described on the Website and the option chosen by the User.

6.1.1 BigOcasion reserves the right to change, modify, replace, cancel, or discontinue any of the plans listed on the Website, without prior notice to the User, who must, upon renewal of their plan, choose another plan among those available at the time of renewal.

6.1.2 For Users with an active subscription, when there are changes to the plans or price adjustments, the new conditions will be immediately applied in the following month.

6.2. The User's Subscription with BigOcasion begins with the confirmation of the chosen plan and, if the paid subscription option is chosen, it begins with the confirmation of the first payment, with validity according to the chosen plan, and automatic renewal, with no limit on renewals, until the User expressly requests cancellation. The subscription may be canceled at any time by the User through an express request or by BigOcasion upon notification by email or phone. Non-payment will not result in automatic cancellation of the subscription.

6.2.1. In the event of cancellation, no amounts paid relating exclusively to the recurring subscription of the User’s plan will be refunded. In cancellation cases, BigOcasion reserves the right to deduct possible intermediation costs, fines, lawsuits, commissions, and/or outstanding fees from the total amount to be paid to the User. Even after cancellation of the recurring subscription, BigOcasion will make the financial transfers related to sales made, which must be normally fulfilled by the User.

6.3. At the time of Subscription, the User must have internet access to access the Website (https://www.bigocasion.com/) and select a recurring billing method available for their subscription, when requested. Recurrence cycles are available on the Website (https://www.bigocasion.com/) on the Plans and Pricing page (or similar).

6.4. The paid Service Plans available on BigOcasion consist of two different charges: Fixed Charge and Variable Commission (also referred to as “Intermediation Cost”).

6.5. The billing for contracted services is done by BigOcasion as follows:

6.5.1. The Fixed Charge is made according to the recurrence cycle chosen by the User, in advance of the service provision. At the time of subscribing to a paid plan, the User will automatically make the first payment, and then subsequent payments on the same day or the next business day of subsequent billing cycles, and agrees that the amount charged each cycle may vary due to promotional offers, redemption of subscription vouchers and promo codes, and/or changes or additions of exclusive plans and/or services.

6.5.2. Subsequent Fixed Charge payments will be charged as follows:

a) For Users who contract BigOcasion Services from 09/08/2021 onwards, charges may be made, at the User's choice, to the Credit Card provided at the time of Subscription, with the User required to choose the available payment plan. If a Fixed Charge payment is not successfully made due to expiration, insufficient funds, or any other reason, BigOcasion may, at its sole discretion, use the User's sales balance on BigOcasion (even if it becomes negative), with such value being detailed in the User’s Financial Statement;

b) For Users who contracted BigOcasion Services until 09/07/2021, charges will be deducted directly from the User’s sales balance on BigOcasion as a payment facilitation method, with such amount detailed in the User’s Financial Statement (even if it becomes negative). As alternatives, the User may choose Credit Card or, in cases where the sales balance is insufficient to cover the Fixed Charge amount.

6.5.3. The Variable Commission is charged per order after service provision, i.e., BigOcasion will provide a sales report of the User’s sales on BigOcasion Partner sales channels and issue an invoice for services against the User with the commission value according to conditions agreed with each Partner at the time of Subscription and contracting BigOcasion. Each Partner may present different commercial conditions, such as payment terms and Variable Commission by category, product, ad profile, among others. The Variable Commission percentage covers commissions due to the BigOcasion site, the Partner, and the payment agent provided by BigOcasion.

6.6. To avoid automatic renewal of the BigOcasion Subscription, the User must cancel before the renewal date of their plan through the Platform, under “Contact Us” or a similar path. Payments made by the User to BigOcasion are non-refundable if the User does not use the contracted services, does not sell their products, or requests cancellation before the end of the contracted plan, as the payment refers to the right of platform availability. However, after cancellation, the User will continue to have access to the service until the end of the current billing period. After cancellation and even at the end of the current billing period, BigOcasion will process financial transfers for product sales on Partner sites, as well as charge the Variable Commission related to such orders, under penalty of withholding pending payments, in addition to civil and criminal liability.

6.6.1. Cancellation or termination of the contract can only be carried out after effective delivery of all pending orders, response to pre-sale Questions, and all open Customer Service requests post-sale by the User, as well as settlement of any outstanding obligations.

6.6.2. Any subscription charges, administrative or judicial claims, legal expenses, fines, or any pending debts with Consumers, BigOcasion, and/or Partners, may be subject to withholding of pending financial transfers to the User, without prejudice to other available collection methods.

6.7. BigOcasion may offer different subscription plans, including promotional plans or subscriptions, with different conditions and limitations, according to information on the BigOcasion Website.

6.8. The User can obtain information about their plan by accessing the BigOcasion Website at https://www.bigocasion.com/ or through the Platform, under “Contact Us” or a similar path.

6.9. BigOcasion reserves the right to alter, terminate, or modify the offered subscription plans at any time, without prior notice and without cause, with the User having the discretion to renew the subscription under the plans available at that time.

6.10. BigOcasion may, at any time and without prior notice, change the financial intermediary used on the Platform, as well as change the payment method if necessary.

Service Levels

7.1. Once the User has contracted BigOcasion’s services, the User must comply with BigOcasion’s Service Levels as well as the Terms of Use and specific Service Levels of each Partner sales channel in order to maintain the right to sell on BigOcasion.

7.2. The User must meet the following service levels established by BigOcasion, which are cited here non-exhaustively:

7.2.1. The User must send the correct product to the Consumer within the agreed timeframe at the moment of purchase, maintaining a minimum rate of 96% (ninety-six percent) of all products delivered on time. BigOcasion may add extra delivery time for products from Users without a sales/delivery history and/or for all products from Users who do not meet the minimum 96% on-time delivery standard;

7.2.2. The User must maintain a minimum rate of 96% (ninety-six percent) of all orders posted within the timeframe stipulated on the Platform. Similarly to item 7.2.1., BigOcasion may add extra posting time for products from Users without a sales/posting history and/or for all products from Users who do not meet the minimum 96% on-time posting standard;

7.2.3. The cancellation rate of purchases must be up to 2% (two percent), except when cancelled by the Consumer. In case of cancellation requested by the User, the Intermediation Cost will be charged on the total order amount, which may vary depending on each Partner;

7.2.4. Present a complaint rate below 3% (three percent) of the total approved payment orders, regardless of the measurement period. The complaint rate is calculated as follows: Total Complaints received in the Partner’s Customer Service over Total Orders. The User’s sales may be paused and/or the account automatically blocked if the Complaint Rate exceeds 3% (three percent). A complaint is any negative evaluation registered by the Partner. Negative means any score below 3 (three) on a scale from 0 (zero) to 5 (five), or below 6 (six) on a scale from 0 (zero) to 10 (ten), or any other analogous and proportional scale.

7.2.5. Present a callback rate below 40% (forty percent) (calls from customers who have already contacted Customer Service regarding the same shipped order) in the sales channel service;

7.2.6. Present a contact rate in the Partner’s customer service channels below 25% (twenty-five percent). The contact rate is calculated as follows: Total Contacts in the Partner’s Customer Service / Total Orders with approved payment. The User’s sales may be paused and the account automatically blocked if the Contact Rate exceeds 25% (twenty-five percent), until all open requests are resolved;

7.2.7. Attend Consumers (pre- or post-sales), by themselves or a representative, Monday to Friday from 9 a.m. to 6 p.m., except on national holidays, via telephone, email, and/or platform. Service level of 80% (eighty percent) of calls answered within up to 40 (forty) seconds of wait time. For email or platform contact, the maximum response time must be 24 (twenty-four) business hours. Maximum call abandonment rate of 5% (five percent).

7.2.8. Achieve an average rating given by the Consumer when evaluating the purchase experience equal to or higher than 4 (four) on a scale from 0 (zero) to 5 (five), or equal to or higher than 8 (eight) on a scale from 0 (zero) to 10 (ten), or any other analogous and proportional scale.

7.3. If the User does not maintain the service levels required by BigOcasion in the previous items and/or by the Partner, BigOcasion may disable, suspend, or block the User on BigOcasion or the Partner sales channel(s), and/or cancel the User’s subscription in case of repeated blockages, at its sole discretion, notifying the User only through the Platform or registered email and informing whether or not the situation can be reversed by restoring the Service Levels. BigOcasion will have no responsibility to refund any amounts if the User is disabled for failing to meet BigOcasion’s and/or Partner’s service levels, and the User acknowledges the responsibility to maintain each and/or all service levels.

7.3.1 If BigOcasion fails to disable, suspend, or block the User as provided above, this shall not constitute waiver or relinquishment, nor affect its rights, which may be exercised at any time.

7.4. Users who refuse to comply with requests from BigOcasion or Partners to improve service level satisfaction or other corrective measures will be subject to charging the Intermediation Cost.

7.5.1. Any fine, indemnity, complaint, settlement, or judicial or extrajudicial condemnation in processes and/or procedures against BigOcasion and/or Partners, regardless of whether the User is notified or participates, will be the sole responsibility of the User, regardless of fault, intent, or interpretation that no damage was caused, and the User must indemnify BigOcasion and Partner for any indemnity and expenses paid, including legal fees. BigOcasion may also withhold amounts from the payment transfer set forth in clause 10 to cover such obligations and/or use other collection methods without prior notice. If the User is part of the judicial or administrative process, they must take all legal measures necessary for resolving the matter, requesting the exclusion of BigOcasion and Partner from the defendant party, and assume all related costs, exempting them from any responsibility. Any summons or notification received, regardless of the parties involved, must be immediately reported to BigOcasion via the Platform under “Contact Us” or similar, under penalty of additional damages and suspension of the subscription until final resolution.

7.5.2. If any dispute or litigation arises with consumers or other claimants about products purchased on the platform and sold by the User, either extrajudicially or judicially, BigOcasion may enter into agreements with consumers in the amount it deems appropriate. The User must deposit the stipulated amount in the account and within the deadline indicated by BigOcasion, reserving the right to deduct this amount from the User’s payment transfer as per clause 10.

7.6. If the current Service Levels provided in these Terms and/or articles published by BigOcasion are not met for a given order, and the User does not respond to Customer Service requests within the established timeframe, BigOcasion has the prerogative to take any reasonable measures to resolve the issue related to the order, including cancellation at the User’s expense by withholding the corresponding amount from the User’s next scheduled financial transfer, without prejudice to the payment of the corresponding remuneration.

7.7. Regardless of penalties applied as stipulated above, the User is obligated to pay the Fixed Charge stipulated for their plan, and BigOcasion does not refund the period in which the User’s account is paused or blocked due to non-compliance with the operational Service Levels established in these Terms.

Responsibility for the Use of the Platform

8.1. The User agrees to use the Platform and its Services in compliance with the law, these Terms, the Specific Terms, and other instructions available on the Platform or Partner websites, acting in good faith, in accordance with morality and good customs. The User commits not to use them for illegal purposes or causes, in violation of the law or third-party rights, including personality or copyright rights, or in any way that may cause damage to the Platform and/or Services, or prevent the normal use or enjoyment of the Platform and Services by other Users, such as spreading viruses or other malicious code.

8.2. Misuse of the Platform and/or Services by the User or third parties using the User’s Access Credentials will be the sole responsibility of the User, whose permission to use the Platform may be revoked without prior notice and who will be held liable for any damages caused to BigOcasion or third parties.

8.3. BigOcasion only provides information and a communication channel to the User through the Platform and is not responsible for content added by the User to the Platform, who is solely responsible for any conduct contrary to morality or law toward BigOcasion or third parties.

8.4. BigOcasion reserves the right to delete content included by the User that it deems inappropriate or in violation of these Terms, at its sole discretion and without prior notice, and may suspend or permanently block the User from the Platform for violations of the Terms and/or Specific Terms, preventing their participation.

8.5. The User shall refrain from obtaining or attempting to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and any material accessible through the Platform or Services by means other than those made available or indicated on the Platform or those commonly used on the Internet for this purpose.

8.6. The User agrees not to use Platform and Site content for spam purposes, refraining, among other practices, from:
(i) sending unsolicited advertising or commercial communications to multiple recipients without prior request or consent;
(ii) sending other unsolicited messages to groups without consent;
(iii) sending chain messages without prior consent;
(iv) using distribution lists accessed through the Portal and Services for the activities described above;
(v) sharing data obtained from BigOcasion with third parties for any purpose.

8.7. The User agrees not to use Platform content for direct or indirect advertising or any other commercial purpose without prior consent, nor collect third-party data through the site for commercial or advertising purposes, under penalty of liability for damages and automatic payment of a fine to BigOcasion as determined by a court.

8.8. BigOcasion reserves the right to delete, without prior authorization from the User, any content containing hyperlinks or redirects that it considers inappropriate, harmful, or untimely for the Platform.

8.10. Hyperlinks or redirects included by the User do not imply any relationship between BigOcasion and the owner of the linked page, nor endorsement or approval of their content or services by BigOcasion, which is not responsible for them; responsibility lies solely with the User.

Specific Terms Related to Sales Channels (Partners) Available on the Platform and Site

9.1. These Specific Terms complement the General Terms of Use of the Platform without annulling them, applying to the specific situations to which they refer without prejudice to these Terms and other conditions.

9.2. BigOcasion provides various sales channels for Users to showcase and sell their products via Partner websites. All products registered by the User on BigOcasion will be sent for review and subsequent publication on all Partner sales channels, respecting the Specific Terms of each channel.

9.3. Users acknowledge that:

I – In addition to these Terms and Specific Terms, they must comply with the Terms of Use of each Partner’s website.

II – BigOcasion and the Partner do not own, possess, or hold the products registered by the User on the Platform; rights and responsibilities lie exclusively with the User, who sells directly to the Consumer.

III – BigOcasion and the Partner are not responsible for the existence, quantity, quality, condition, integrity, or legitimacy of products offered by the User and purchased by Consumers, nor for the User’s capacity to contract or the accuracy of personal data provided by the User.

IV – BigOcasion and the Partner provide no guarantees regarding products, which must be negotiated and enforced directly between Consumer and User, with the User always respecting applicable law.

V – The User and Consumer expressly agree that product purchases made on Partner sites are at the Consumer’s own risk, and any issues are the User’s responsibility, with BigOcasion or the Partner not liable for damages; their responsibility is limited to informing the User of any complaints received.

VI – Both Consumer and User acknowledge that all transactions on Partner sites must be conducted with caution and prudence, with the risk borne exclusively by the parties involved.

VII – As per clauses 2.9 and 7.5.1, BigOcasion and the Partner are not responsible for product delivery failures, product quality, discrepancies between product description and delivery, barcode registration errors (EAN), or product authorship issues. BigOcasion provides Shipping Labels and Posting Lists (PLP) for all products with orders received via the Platform, but the User remains responsible for delivery. The User bears costs for any re-shipment required. In case of delayed delivery, BigOcasion may change delivery methods to faster options at the User’s exclusive cost without prior notice. The User is fully responsible for any consequences of delays (except where the User’s store originates from BIGsales).

VIII – The User is solely responsible for shipping and delivering the product to the Consumer under the conditions offered; BigOcasion and the Partner only mediate information exchange.

IX – The User is solely responsible for any copyright infringement claims regarding products on the Platform and Partner sites, exempting BigOcasion and Partners from any liability and not requiring them to investigate legitimacy, as they are mere platform administrators.

X – The User commits to delivering purchased products within the advertised timeframe; BigOcasion is not responsible for this transaction or delivery guarantee. Delivery is directly between User and Consumer (except for BIGsales stores). The User must separately itemize shipping charges on invoices issued to Consumers.

XI – The User guarantees Consumers a refund for purchase cancellations communicated within the legal 7-day period after receiving the product, with the Partner handling refunds. The User covers return shipping costs.

XII – The User guarantees Consumers an exchange within 7 days after receiving the product for: (a) damage caused by transport, (b) manufacturing defects, (c) discrepancies between ordered and delivered products. The User covers return and reshipping costs as many times as needed.

XIII – Consumers may claim apparent or hidden defects within 30 days for non-durable goods and 90 days for durable goods. For apparent defects, periods count from product receipt; for hidden defects, from defect discovery. The User has 30 days to replace defective items or parts. If not remedied, the Consumer may request a replacement, purchase cancellation with refund, or price reduction proportional to the defect.

XIV – BigOcasion may forward Consumer requests to the User beyond the deadlines above due to processing times without exempting the User from responsibility. If BigOcasion is held liable, the User must indemnify it immediately or face deductions from financial transfers.

XV – Products made available by the User on Partner sites via the Platform, as well as Platform content, are protected by copyright laws, and Consumers and Users are aware of this and subject to Partner Site Copyright Policies.

XVI – The User expressly authorizes BigOcasion to use, free of charge, authorial images, logos, product images, descriptions, titles, and other information provided, for advertising identical products by other Users and to provide maximum information to Consumers, using any media or channels without prior notice or compensation.

XVII – BigOcasion has no control over Partner product review, approval, or publication processes and cannot guarantee publication or timing. Publication depends on Partner rules and availability, with the User acknowledging BigOcasion and Partner have no responsibility for non-publication or delays.

XVIII – In cases of non-delivery due to User inactivity, negligence, omission, or other responsibility causes, BigOcasion will charge sales commissions as agreed in contracts and these Terms.

Regarding the financial transaction and transfers of sales of products registered on BigOcasion and carried out on partner sites

10.1. Sales made by Users of products registered on the BigOcasion Platform through the Partners' sales channels will be paid by Consumers to the Partners, who will transfer the net sales amount to BigOcasion, which will consolidate all payments to the User according to the deadlines established by each Partner.

10.2. The financial transfer deadlines from BigOcasion to the User will be calculated after confirmation of shipment and/or delivery of the order by the User to the Consumer, depending on the commercial conditions of each Partner.

10.3. The User will receive from BigOcasion the net value of the sales, that is, the sales amount minus the Variable Commission applied to the order value, Fixed Charges, Fixed Fee per Item, and Shipping Costs, when applicable, according to the commercial conditions of each Partner. BigOcasion may deduct any fines, indemnities, claims, agreements, or court rulings in lawsuits filed against BigOcasion and/or Partners.

10.4. The User is solely responsible for issuing the electronic sales invoice of the merchandise to the Consumer, in accordance with the legislation governing the marketed product, including the shipping costs paid by the Consumer. Any problem arising from the absence or irregularity in issuing the fiscal document shall be the sole and exclusive responsibility of the User.

10.5. BigOcasion, in turn, will issue a service invoice to the User, including the recurring Fixed Charge and Variable Commission, when applicable.

10.6. The User is responsible for registering the XML of the Electronic Invoice on the Platform in the designated field for each order and/or using the BigOcasion service and/or a service integrated with BigOcasion for issuing such fiscal document.

10.7. The User must print a copy of the Auxiliary Document of the Electronic Invoice (DANFE) and attach it to the package of their order for inspection by the Consumer. The User will be solely responsible for any claim arising from the lack of a fiscal document attached to the shipping package.

Regarding the copyright policy

11.1. The content of the Site and Platform is protected by copyright and industrial property laws, which the User must respect.

11.1.1. Any unauthorized use of texts, images, or any other works governed by copyright law will be the sole responsibility of the User.

11.1.2. Unauthorized use of trademarks, patents, industrial designs, and designations of origin of third parties without the authorization of their legitimate owner will be the sole responsibility of the User.

11.2. If BigOcasion becomes liable, judicially or extrajudicially, for acts of the User involving the unauthorized use of: copyrighted work; or trademarks, patents, industrial designs, or designations of origin of a third party without authorization, the User will be called to respond for the illegality committed, being responsible for all material and/or moral damages arising therefrom.

11.3. When specific content of the Site and/or Platform is governed by a specific licensing regime, as indicated on the Site and/or Platform itself, the User will be authorized to use such content within the limits established by this specific licensing regime; if no specific licensing is mentioned, the content will be subject to copyright, industrial, or unfair competition law regimes, as applicable, and any use by the User will require authorization from the rights holder.

11.4. The User will be responsible for the necessary measures to comply with the applicable rights and obligations in each case.

11.5. The User is prohibited, in any form, from reproducing, using, copying, distributing, transforming, modifying, or any other use that infringes copyright or industrial property rights regarding the content of the Site and/or Platform, except in cases and within the limits of special licenses stated on the Site and/or Platform, or when the User has prior authorization from the respective rights holder or by other legally valid means.

11.6. The User declares that, when submitting any content to the Portal, they will not infringe third-party copyrights and/or industrial property rights, submitting only content for which they hold the copyrights and/or industrial property rights.

11.6.1. BigOcasion will not be responsible for copyright and/or industrial property infringements caused by the User when submitting content to the Platform; the User will be solely responsible for responding to any administrative or judicial claims in this regard, acknowledging and agreeing that BigOcasion may call the User to respond in such cases, without prejudice to recourse rights and other legal tools, fully exempting BigOcasion from any liability.

11.6.2. The User also acknowledges and agrees that in the event of copyright and/or industrial property violation reports, their registration data and other technical information may be used to hold them accountable for the abuse, which will not constitute a privacy violation.

11.6.3. The User declares they will not improperly replicate trademarks, industrial designs, patents, or designations of origin of third parties, contrary to the legislation protecting industrial property.

11.6.4. BigOcasion will not be responsible for counterfeiting, improper reproduction of products in violation of third-party patents, improper reproduction and/or sale of products whose industrial design is owned by third parties, nor for improper use of designations of origin. The User acknowledges that any judicial or extrajudicial demand involving industrial property will be their sole responsibility, exempting BigOcasion from any liability for the unlawful act and bearing any expenses BigOcasion may incur.

On the User’s exclusive responsibility in using the Platform

12.1. The User is aware of and voluntarily accepts that the use of the Platform and Services is, in any case, under their sole and exclusive responsibility.

12.2. BigOcasion does not guarantee the availability and continuous operation of the Site and/or Platform and Services, whether due to technical, operational, or commercial reasons, reserving the right to temporarily or permanently suspend the Platform’s activities at its discretion, and disclaiming any liability for any damages or losses of any kind that may result therefrom. However, BigOcasion will make every effort to keep the Portal in perfect working condition for the User.

12.3. Regarding the User’s privacy, registration data will not be used or transferred to third parties for any purposes unrelated to the Platform, except as provided in item 11.5. Therefore, sharing the User’s data with Partners officially integrated and approved by BigOcasion, as set forth in BigOcasion’s Privacy Policy, item 4.2, is considered a permitted purpose related to the Platform.

12.4. BigOcasion fully exempts and discharges itself, to the maximum extent permitted by applicable law, from any liability for damages of any kind, lost profits, and consequential damages related to information obtained through the Platform, the use of services, or otherwise, as set forth above.

Disclaimer of warranties and liability

13.1. BigOcasion is not responsible for prior control regarding the absence of viruses or other harmful agents in content made available on the Platform or Site, whether own or third-party content, and the User is solely responsible for updating their IT systems for such detection.

13.2. BigOcasion is not responsible for the effectiveness, quality, or any other aspect of services provided by third parties that may infringe on the User’s rights, which are accessible for use or purchase through the Platform, which is merely a tool for making such content available.

13.3. The Site and Platform provide Users with technical devices called “access links” (connections between texts, pages, or files), such as, among others, “banners” (display of images and graphic signs on pages identifying advertising, promotion, etc.), buttons, directories, and search tools that allow Users to access third-party Pages. The installation of these banners, directories, and search tools on the Portal is solely intended to facilitate Users’ search for information available on the Internet, without implying any type of link or association between BigOcasion and the operators of these pages, who are solely responsible for their content, products, and services provided thereon and the consequences thereof.

13.4. BigOcasion’s liability, if judicially established, is limited to an amount equivalent to three (3) months’ fees of the plan contracted by the User. The User agrees to this clause limiting BigOcasion’s liability. If the User does not agree with this limitation, they should immediately stop using the service.

Duration and termination

14.1. The provision of the Platform and other Services by BigOcasion is of indefinite duration. However, BigOcasion may terminate, suspend, interrupt, or completely alter, unilaterally and at any time, without prior notice, the Platform and/or the provision of Services.

14.2. BigOcasion reserves the right to amend these Terms at its discretion, at any time, and without prior notification to the User, including the right to add, modify, or remove any parts of these Terms.

14.3. The User must periodically review the Terms to stay informed about changes. Continued use of their account on BigOcasion will constitute acceptance of such changes and the updated Terms.

14.4. BigOcasion will inform the User via the Platform and/or email when the Terms are amended.

Governing law and jurisdiction

15.1. These Terms are governed by Spanish law, and the Central Court of the Metropolitan Region of Seville is hereby chosen as the exclusive jurisdiction, waiving any other jurisdiction, no matter how privileged, to resolve disputes arising from these Terms.

15.2. All communications, requests, notifications, or information related to BigOcasion may be sent to the company’s address at Calle Alfonso XII 32 Bajo A 21003 Huelva.