Vendor Terms of Use

Subject Matter

These terms and conditions are intended to regulate the relationship between Rafermedia S.L. (hereinafter THE COMPANY) and you (hereinafter the "Seller") with regard to the services by which THE COMPANY makes available to the Seller access to its digital platform libro2mano.com for the purpose of selling products to potential buyers who access it (hereinafter the "Libro2Mano Service").

The Seller declares that they have full legal capacity and authority to carry out legal transactions involving the goods they list for sale through the Libro2Mano Service, and likewise acknowledges that by accepting these contractual terms and conditions they become fully bound by their content.

THE COMPANY reserves the right to deregister from the Libro2Mano Service or suspend its services at any time to any Seller who fails to comply with these terms and conditions.

Likewise, THE COMPANY reserves the right to deregister from the Libro2Mano Service or suspend its services at any time to any Seller who fails to meet the service quality standards of the Libro2Mano Service.

Privacy

Please review our Privacy Policy.

Access to the Libro2Mano Service and Passwords

In general, prior subscription or registration as a User is not required to access and use the Libro2Mano Service, without prejudice to the fact that the use of certain services or content may require such subscription or registration.

User data obtained through subscription or registration to the Libro2Mano Service is protected by passwords chosen by the users themselves. The User undertakes to keep their password secret and to protect it from unauthorized use by third parties. The User must immediately notify THE COMPANY of any unauthorized use of their account or any security breach relating to the Libro2Mano Service of which they become aware.

THE COMPANY adopts the necessary technical and organizational measures to ensure the protection of personal data and to prevent its alteration, loss, processing and/or unauthorized access, taking into account the state of the art, the nature of the data stored, and the risks to which they are exposed, all in accordance with Spanish Personal Data Protection legislation.

THE COMPANY shall not be liable to Users for the disclosure of their personal data to third parties where this is not directly attributable to THE COMPANY, nor for the use made of such data by third parties unrelated to THE COMPANY.

Sales Process

Through the Libro2Mano Service, hosted on the digital platform libro2mano.com, THE COMPANY makes available to the Seller the service for selling products to potential buyers.

THE COMPANY reserves the right to offer the products listed for sale by the Seller through its digital platform, both on that platform and on any other medium within its own network or that of third parties, with the sole purpose of facilitating the marketing of the products offered by the Seller as part of its service.

The Seller must complete the "Seller Registration" form and likewise register the products they wish to list for sale.

During this process, the Seller will describe the product and its condition (in the case of second-hand items), specify the weight, and set the final sale price to the buyer (taxes included), from which THE COMPANY's service commission, along with the applicable taxes on these services, will subsequently be deducted.

The Seller shall be responsible for any discrepancy between the weight declared by the Seller and the actual weight determined by the courier company. If this weight discrepancy results in an increase in transport costs, these costs shall be borne by the Seller and deducted from their settlement.

The Seller guarantees that the data provided when completing the Seller Registration forms, as well as the product and offer registration forms, is truthful, accurate, and complete, thereby avoiding any damage to THE COMPANY resulting from inaccuracies.

THE COMPANY reserves the right to deny or cancel the registration of any Seller who uses, whether as a username, in the publication of their listings and/or in shipping materials, trademarks used by other online channels for the sale of products.

THE COMPANY provides, through whichever courier company it selects at any given time, logistics services for the collection, transport, and delivery of products to buyers. When a sale takes place, the Seller will be informed so that collection of the product can be coordinated with the selected courier company. The courier company will collect the product at the address and/or in the manner indicated by the Seller in their registration (or at any other address or manner agreed upon by the Seller with the courier company, either directly or through the mediation of THE COMPANY). In the event of an inability to collect at the address and at the time set due to causes attributable to the Seller (e.g. absence, closed premises, etc.), the sale will be automatically cancelled and the Seller shall bear any costs that have been incurred. Should this inability to collect be repeated due to causes attributable to the same Seller, THE COMPANY reserves the right to deregister the Seller from its intermediation services.

The Seller is obligated to have the product ready for dispatch, properly packaged in sturdy and adequate transport materials (bubble wrap, cardboard, reinforced envelopes, etc.), within a maximum of 4 days from the confirmation of the sale. Otherwise, THE COMPANY reserves the right to cancel the sale.

The courier company will deliver to the buyer using the information provided by THE COMPANY.

In the exceptional case where the Seller wishes to manage the logistics services of collection, transport, and delivery of the product(s) to the buyer directly and independently, they may consult with THE COMPANY about this possibility via the following link [ ]. THE COMPANY must accept this modification of its services in writing for each individual case.

THE COMPANY also provides the service of managing payment collection from the buyer. On the 25th of each month, THE COMPANY will issue settlements for those transactions confirmed and validated during the previous month, for which fourteen (14) business days have elapsed since delivery as confirmed by the courier service without any objections to the product from the buyer. Within 40 to 72 business hours following each settlement, THE COMPANY will transfer to the Seller the total amount of the products purchased and paid for by the buyers, in accordance with that settlement, by the method indicated by the Seller in their Control Panel and after deducting: (i) the commissions corresponding to our services and (ii) any associated expenses (e.g. shipping costs due to the difference between the declared and actual weight), together with the applicable taxes on these services. The settlement amount must exceed 10 euros for THE COMPANY to transfer the amount; otherwise, the amount will be carried over to the next settlement.

THE COMPANY will issue invoices to the Seller for the totals plus applicable taxes corresponding to the transactions of each billing period. Sellers who wish to do so may consult the breakdown of these items in their Control Panel.

Within the Libro2Mano Service, the Seller will have access, via a username and password, to the "Control Panel," where they can view, among other things, their products currently in the sales process and their completed sales. The data in this area is provided for informational purposes only and is not binding for settlement purposes, as updates to incidents may not be reflected therein.

Seller Obligations

The Seller declares and guarantees that the products they are transferring are their property (or that they are duly authorized to transfer them) and that they may freely dispose of them, and that no third-party rights are being infringed.

The Seller likewise guarantees that they will carry out the sale by granting the buyer the legally required warranty for the products, where applicable.

If a product is defective or does not match the description provided, the buyer shall be entitled to return it, and the Seller shall bear all courier costs — for collection, transport, and delivery — related to the return of the non-conforming product. In such cases, the Seller must also pay THE COMPANY a fixed amount of €5 as a return management fee, to be deducted, together with the return courier costs, from any pending or future sales proceeds. THE COMPANY also reserves the right to deregister the Seller from the Libro2Mano Service. THE COMPANY likewise reserves the right to charge the return courier costs and the management fee detailed above if no sale is made within 30 days following the return.

The Seller undertakes to make lawful use of the services without breaching applicable law or harming the rights or interests of third parties.

Right of Withdrawal

The withdrawal period available to the buyer-consumer for the return of an item shall be 14 calendar days from delivery, subject to the exceptions provided by law, and applies to both new and second-hand items. The Seller expressly accepts that the buyer-consumer may return an item and is subject to THE COMPANY's withdrawal timeframe and procedure.

In the event of withdrawal, THE COMPANY will refund the buyer-consumer all payments received, including shipping costs, without undue delay and in any case no later than 14 calendar days from the date of withdrawal. If the Seller has opted to manage the logistics services of collection, transport, and delivery of the product(s) to the buyer directly and independently, the Seller shall bear all courier, collection, and delivery costs relating to the return of the product subject to withdrawal.

The buyer-consumer shall be responsible for any diminution in the value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, or functioning of the goods.

THE COMPANY will provide the Seller with the minimum necessary details of the buyer. The Seller is responsible for making proper use of the buyer's data provided by THE COMPANY, exclusively for the purpose of making shipments.

Tax Aspects

Sellers are solely and exclusively responsible for complying with their applicable tax obligations, and undertake to hold THE COMPANY harmless in the event of non-compliance with such obligations.

Without prejudice to seeking professional advice where appropriate, we remind individual Sellers (non-business or non-professional) that the transfer of products through the Libro2Mano Service may give rise to a capital gain or loss for personal income tax purposes.

Professional Seller or Business

The professional Seller or business:

• undertakes to comply with all applicable legal and regulatory obligations relating to their commercial activity, and in particular those relating to distance selling, retail trade, e-commerce, unfair competition law, and book law (and especially the fixed book price and the maximum legal discounts established therein);
• guarantees compliance with their tax obligations, both with respect to the transactions carried out through the Libro2Mano Service and in general in the conduct of their business activities, and shall likewise keep THE COMPANY fully indemnified against any related claims; to this end, the Seller undertakes to include in the price of the products they list for sale on the Libro2Mano Service all applicable taxes;

Service Price

THE COMPANY will deduct from the Seller's item price the commission amounts indicated in the Control Panel, plus the applicable VAT, where applicable.

Liability

The Seller accepts responsibility for the quality, condition, price, or any dispute that may arise in connection with the products offered through the Libro2Mano Service.

The Seller shall assume full responsibility for any claim by the buyer or third parties regarding the products they list for sale through the Libro2Mano Service, exempting and holding THE COMPANY harmless.

The Seller is responsible for declaring and paying, where applicable, to the relevant authorities the amounts due as Sales Tax on the products offered through the Libro2Mano Service, and assumes any contingency that may arise.

The Seller assumes responsibility for all information, content, statements, and expressions contained in the products marketed and listed on the Libro2Mano Service.

THE COMPANY reserves the right to not publish, modify, and/or remove any content that it may not consider appropriate.

The COMPANY's services are provided "AS IS" and "AS AVAILABLE." THE COMPANY shall under no circumstances be liable or provide guarantees, whether express or implied, as to the operation of the Libro2Mano Service or the information, content, materials, or products included in the Libro2Mano Service. You expressly accept that use of the Libro2Mano Service is at your own risk. THE COMPANY reserves the right to withdraw or remove any information from this service at any time and at its discretion. To the extent permitted by applicable law, THE COMPANY disclaims all liability, whether express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. The Libro2Mano Service does not guarantee that THE COMPANY's service, its servers, or the emails or other notifications sent by THE COMPANY are free from viruses or other harmful components. THE COMPANY shall not be liable for any damages arising from the use of the Libro2Mano Service, including but not limited to direct, indirect, incidental, punitive, or consequential damages. Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these jurisdictions apply to you, some or all of the aforementioned liabilities, exclusions, or limitations may not apply, and you may have additional rights.

Industrial and Intellectual Property

The industrial and intellectual property rights over the works, protected performances, and any content or elements subject to intellectual and industrial property rights used in the Libro2Mano Service belong to their legitimate owners. The Seller shall not acquire, through use of the Libro2Mano Service, any intellectual or industrial property rights, nor any licence to use such elements.

The Seller declares that they are the exclusive owner of all rights over the works, protected performances, and any other elements protected by intellectual or industrial property that they incorporate into the Libro2Mano Service.

The User grants to the Libro2Mano Service, free of charge and exclusively, the rights of public communication, reproduction, distribution, and transformation over the Content, in all forms of exploitation existing at the date of acceptance of these Terms of Use, for the entire duration of the rights being assigned, and for the universal territorial scope.

Partial Invalidity

If any of these terms and conditions is declared invalid, illegal, or unenforceable by any court of competent jurisdiction, that condition shall be deemed null and void, without the contractual terms and conditions as a whole being considered null or ineffective; the remaining terms shall continue to be in force, omitting only those conditions deemed invalid, illegal, or unenforceable. In the event of a legal gap regarding the interpretation of any aspect or condition of these contractual terms and conditions, the interpretation shall be made in accordance with the other terms and conditions, and in consideration of their purpose and nature.

Applicable Law and Jurisdiction

The applicable law for this service contract shall be Spanish Law. In the event that any conflict or discrepancy arises in the interpretation or application of these contractual terms and conditions, the Courts and Tribunals that shall hear the matter shall be those determined by the applicable legal regulations on competent jurisdiction.