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Terms and Conditions of Purchase

BigOcasion is a commercial company domiciled in Spain that provides on its website https://www.bigocasion.com/ (“The Site”) a platform (“Platform”) which allows the listing and sale of goods (“the Products”) by national or international sellers acting in a personal capacity and therefore independent of BigOcasion (“the Sellers”), for online purchase by consumers (“Customers or Users”). Therefore, BigOcasion is not a distributor of the Products offered by the Sellers, holds no contractual position in the transactions between Customers and Sellers, and cannot be classified as a reseller of the products offered by Sellers on the Platform.

Scope of Application of the Terms of Use

These general conditions of use of the Platform (“Terms and Conditions of Purchase”) apply to all orders of Products placed by Users to Sellers on the Platform. The applicable Terms of Use are those in force at the time the User places the order. Likewise, by simply displaying the Products on the Platform, the Seller confirms understanding and unconditionally accepts its registration and thus declares that:

  • They have the legal right to offer and sell the products they will offer to the market through the BigOcasion Service (the “Products”);

  • They are the legitimate owner and/or trader of all the Products;

  • The Products are new;

  • The Products were designed and manufactured according to the laws of the country where they are registered;

  • The Products meet all quality specifications required for their commercialization under Spanish law, including but not limited to applicable health registrations;

  • The Products comply and will comply with the specifications, designs, images, performance criteria, functionalities, and other descriptions included in the marketplaces through the BigOcasion Platform; are marketable and suitable for their intended purposes; comply with applicable laws, requirements, and regulations; and are free from defects in materials, performance, function, and workmanship;

  • For Products manufactured abroad, these have been imported in accordance with legal requirements and hold all licenses and authorizations for commercialization in Spain;

  • The resources or goods used in their commercial activities come from lawful activities and comply with current Spanish laws;

  • They are not listed as persons reported or blocked for drug trafficking, money laundering, subversion, terrorism, arms trafficking, or any illegal activity inside or outside national territory.

Operation of the BigOcasion Platform

The BigOcasion Platform allows customers to view and purchase products sold by sellers on the BigOcasion site. Transactions conducted through the BigOcasion Platform occur directly between the Customer and the Sellers, respecting applicable legal principles and requirements at all times. BigOcasion does not act as agent/distributor/representative of the Sellers nor as a reseller of the Products offered by the Sellers through the BigOcasion Platform. Products advertised and sold on the BigOcasion Platform are the exclusive responsibility of the marketplace sellers, especially regarding ownership, quality, safety, origin, warranty, and compliance with applicable Spanish law.

Purchase Process

  • Users may request the Products offered on the Platform. Product descriptions are provided by Sellers, who are solely responsible for the accuracy of the description and the conformity of the Products with said description;

  • By clicking the “Buy” button during the ordering process, after reading the General Terms of Sale on the site and verifying the order contents or modifying them if applicable, the User declares full and unconditional acceptance of all Platform Terms of Use;

  • Once the order content is confirmed, Terms of Use and payment obligations accepted, the User definitively validates the order for payment. The order is only valid after full payment of the Product price. The sale by the Seller is conditional on product availability;

  • Users may pay by debit or credit card, or via Bizum;

  • BigOcasion systematically confirms purchase orders by email for each User (subject to bank/payment method acceptance). After acceptance, order information remains accessible on the Site under “order status”;

  • BigOcasion notifies the Seller if one or more Products have been ordered by a Customer. If unavailable, the Seller informs the Customer;

  • If the Seller confirms Product availability, the sales contract is definitively concluded between Seller and User. The Seller alone is responsible for product unavailability, as this is controlled only by the Seller;

  • If the Seller confirms availability of one or more Products (even if partially unavailable), they commit to sending and delivering available Products within the timeframe and in the manner chosen by the User.

Billing

The Seller issues invoices for sales to BigOcasion, which in turn issues invoices on behalf of the Hub Sales Group to the end customer. The entire process is managed through the BigOcasion Platform.

Shipping and Delivery

Shipping and delivery of Platform orders are the exclusive responsibility of the respective Sellers. Once the order is placed, order details (such as shipping method, delivery address, and contact information) cannot be changed. BigOcasion is not involved in the delivery process.

Confirmation of Receipt

The Customer is responsible for confirming receipt and conformity of the Products. It is presumed that Products are received within 30 (thirty) days from the shipment date. This clause does not prejudice or limit consumer rights under applicable law.

Non-conformities Upon Receipt

If orders do not reach the Customer, arrive damaged, or do not comply with Sellers’ descriptions at purchase, the Customer may file a claim directly on the Platform. BigOcasion will mediate the process with the Seller, who is solely responsible for product replacement or refund as applicable.

Prices

Product prices are freely set by Sellers and shown excluding shipping costs on the Products tab. Shipping costs are added before final User validation.

All Products offered on the Platform include all legally applicable taxes in the price.

Some Products may have price fluctuations during the day due to reasons beyond Sellers’ control, such as currency exchange variations.

Liability

  • Products offered on the Platform are subject to availability and are offered in limited quantities until stocks reported by Sellers run out. It may occur that multiple Users purchase the same product simultaneously and it later turns out to be unavailable. In this case, the User will be informed and refunded or notified of inability to process the order;

  • Sellers are not liable for any delay or non-fulfillment caused by force majeure or unforeseen events under Spanish law;

  • All communications on the Platform about Products, especially regarding descriptions, specifications, prices, delivery conditions, returns, and changes, are made directly by Sellers through the Platform;

  • Products offered are the exclusive responsibility of Sellers. Sellers alone are responsible for intellectual property claims by third parties and any such claims must be addressed directly to Sellers via the Platform. However, BigOcasion may occasionally remove disputed information or Products without assuming liability and without prejudice to any rights or defenses Sellers may have.

Platform Tool

The Seller declares and agrees that the BigOcasion Tool is unilaterally provided by BigOcasion and that its use may be interrupted at any time at BigOcasion’s sole discretion.

The Seller also declares and agrees that BigOcasion is not responsible to the Seller or buyers for:

  • The use BigOcasion or its designated users make of the Tool;

  • Inconsistencies or outdated information included by the Seller or designated users;

  • Accuracy of information provided by the Seller or users;

  • Uninterrupted operation of the Tool;

  • Integrity of information once integrated into the Tool.

Therefore, the Seller accepts sole responsibility towards BigOcasion and buyers for Product information, whether or not included in the Tool, and for properly maintaining such information in the Tool.

SPECIAL OBLIGATIONS OF THE SELLER

Under this Agreement, in addition to other obligations, the Seller agrees to:

  • Offer only Products in stock;

  • Honor Product warranties;

  • Deliver new Products in perfect condition, complying strictly with technical specifications, properly packaged and in perfect working order, meeting the highest quality standards and all applicable requirements (including phytosanitary, trademarks, advertising, labeling, pricing, weight, taxes, and health regulations);

  • Provide a direct warranty to the Customer for at least 30 calendar days; for branded products, specify the brand’s warranty and comply with it;

  • Ensure all Product brands sold through BigOcasion are registered with the competent authority and do not infringe copyrights. In case of trademark disputes, the Seller will bear all responsibility, costs, and indemnify BigOcasion for damages or expenses, including consequential damages and lost profits;

  • Assume full responsibility and costs for consumer rights claims, indemnifying BigOcasion from any costs, damages, or losses.

Confidentiality

The Seller acknowledges that information about services, marketing design, software, Portal, BigOcasion Service, and non-public information are confidential and proprietary to BigOcasion. The Seller agrees to use it reasonably and solely for this contract’s purposes and not to appropriate, copy, use outside the contract, or disclose it without authorization. This includes financial, commercial, technical information, customer or supplier data, subcontractors, and more.

The Seller will not advertise using BigOcasion’s name or trademarks without written authorization and will refrain from:

(i) disclosing confidential information to unauthorized third parties, including competitors’ employees or contractors;
(ii) exploiting such information for personal or third-party benefit;
(iii) revealing such information except as authorized for contract purposes.

Failure to comply with confidentiality obligations makes the Seller liable for all damages caused to BigOcasion.

This obligation extends to the Seller’s managers, employees, contractors, subsidiaries, and survives termination of this Agreement.

Indemnities

  • The Seller assumes responsibility for any official tax investigations and penalties and legal costs incurred by BigOcasion defending such investigations;

  • To the extent permitted by law, BigOcasion assumes no warranty liability for Products purchased by buyers under this agreement;

  • If any authority sanctions BigOcasion for lack of legal registration/certification or compliance related to Products, pricing, or other legal requirements, the Seller will be fully liable for the sanction and related expenses.

Modification of Terms of Use

BigOcasion reserves the right to change, add, or insert provisions to these Terms of Use at any time. Users will be subject to the Terms effective at the time of placing an order.

Governing Law and Jurisdiction

These Terms and Conditions are governed by and interpreted in accordance with the laws of Spain. Any disputes shall be subject to the courts of Spain.