Terms and conditions of use of Gipsyway

Date of last revision: 26 April 2016

These Terms and Conditions ("Terms") and the documents referred to in them govern the use of this website corresponding to http://gipsyway.it and/or the mobile applications that bear the name Gipsyway and are available for iOS and Android devices (hereinafter collectively referred to as the "Site"). If you do not agree to these terms, you should not access or view the Site.
This Site is operated by Gipsyway, UAB (company code: 302767152), whose registered office is located in Bolzano Via Marie Curie 17, 39100 Bolzano ITALY

  1. Other applicable terms
    These Terms of Use refer to and include the following Additional Terms, which apply, together with others, to your use of this Site.
    1. Our Privacy Policy, which defines the terms under which we process all personal data we collect about you and provided to us by you. By using this Site, you consent to such processing and warrant that all data you provide to us is accurate.
    2. Our Cookie Policy, which defines the information about the cookies used on our Site.
    3. Our Rules and Forum Rules, which apply to your interactions with this Site, including what you may offer for sale on the Site, any content we may allow you to upload and any contacts you may establish with other users of this Site.
  2. SERVICES
    1. We provide an online platform through which people can buy, sell and give items and communicate with each other publicly or privately (the "Services").
    2. You agree to comply with all applicable laws and regulations in relation to your use of the Services
  3. OUR ROLE
    1. Our Site is an online meeting point that allows people to buy, sell, exchange and give items to or with other people. We are not involved in transactions between a buyer and a seller or between two people who agree to an exchange or gift, except for the Services we provide in order to facilitate transactions. The contract of sale is made directly between the buyer and the seller. We are not involved in such contract and shall have no liability under it. In addition, we do not buy or sell, nor do we intend to buy, sell, exchange or give as a gift the items shown on our Site.
    2. We do not make a prior check or provide any warranty in relation to the items offered for sale on the Site or the parts with which you may deal on the Site. We are under no obligation to engage in any dispute between buyers and sellers or between parties who agree to an exchange or gift. You are responsible for assessing the other parties you deal with.
  4. Requirements for the Use of Services
    1. To use the Services, the user must register to Gipsyway by completing the registration form after clicking on "Sign up" or using a third party service allowed (e.g. Facebook Connect).
    2. The Services are not intended for use by persons under 18 years of age. If you are under 18 years of age, a parent or guardian (who is 18 years of age or older) must register in order to use the Services on behalf of the minor. The parent or guardian will be responsible for supervising your use of the Services at all times and ensuring that you comply with these Terms. Gipsyway shall have the right to hold the minor's parent or guardian fully responsible for any violation of these Terms by the minor.
    3. The use of the Services is not allowed to commercial sellers. When a transaction takes place between such sellers and consumers, the former are subject to a broader set of legal requirements than sellers who have no commercial purpose. By using the Services, you warrant that you are not a commercial seller.
    4. You agree to keep all your information on the Site up to date.
    5. The user warrants that all information provided is true, accurate and complete.
  5. USER'S ACCOUNT AND PASSWORD
    1. If the user chooses or obtains an identification code, password or any other information required by our security procedures, such data shall be treated as confidential. The user does not givedisclose them to a third party and make sure you log out of your account at the end of each session.
    2. You must contact us immediately if you know or suspect that another person has knowledge of your identification code or password, or if there has been unauthorized use of your password or account or any other breach of security.
    3. We have the right to disable your identification code or password at any time, whether those credentials have been chosen by you or assigned by us, if we have reason to suspect that there has been a breach of security or if, in our reasonable opinion, you have failed to comply with the provisions of these Terms.
  6. USER PROVIDED CONTENTS, FORUM, FEEDBACK AND PRIVATE MESSAGES
    1. All content provided to us by the user and contacts established by the user with other users, whether this is done privately or in public, must comply with our Rules. Similarly, any use of the forum must be in line with our Forum Rules.
    2. You warrant that the above content and contacts comply with the Forum Rules (where you use the Forum), and that you will be liable to us and indemnify us in any event of breach of this warranty. This means that you will be liable to us for any loss or damage suffered by us as a result of your breach of this warranty.
    3. We shall have no liability to any third party regarding the content or accuracy of the content posted by you or any other user of our Site.
    4. You grant us a non-exclusive, irrevocable, perpetual, transferable, sublicensable, royalty-free, unconditional and worldwide license to use, copy, distribute and transmit to third parties any content provided to us by you, including without limitation content posted by you in the Forum.
  7. RULES FOR INSERTING ARTICLES IN THE CATALOGUE
    With regard to all items that you make available for sale or assignment through the Services:
    1. The user must ensure that these items comply with our Rules. Please note that it is not allowed to include certain categories of items in the catalogue, as stated in our Rules.
    2. The user must be the legal and effective owner of these items and have the right to sell them.
    3. The sale and transfer, use or possession of such items must not infringe the rights of third parties or violate any applicable local, national or international laws or regulations.
    4. In order to place an article in the catalogue, the user must complete a questionnaire useful to upload the article accurately and correctly, and provide the various additional information requested by us in relation to all the articles to be sold, exchanged or given as gifts on the Site, in accordance with our Rules.
    5. Inserting an article in the catalogue, the user declares and confirms that the article is in line with all the aspects defined in the questionnaire sent for that article, including the category in which the article is uploaded as well as any photo of it, and that the questionnaire is complete. The terms of the questionnaire that the user sends in relation to a particular article will represent the terms under which that article is offered for sale.
    6. From the moment the user sends a questionnaire relating to an article, the article will be considered as "Article in the catalogue".
    7. You may change the terms under which you offer an Item in the catalogue for sale at any time before you have entered into an agreement to sell or give away the item in question.
    8. You may remove an Item from the catalogue from the Site at any time before you have entered into an agreement to sell or give away the item in question.
  8. GIVE A FREE ARTICLE
    1. In the event that the user gives an Item from the catalogue to another user, the latter must agree the terms relating to the aforementioned transaction directly with the other member. The user is, in fact, solely responsible for this transaction.
    2. If the user gives an item from the catalogue to another user, the user will not be able to use our payment service.
  9. PURCHASE AND SELL
    If you purchase or sell an Item in the catalog, you must use our payment and shipping services. See sections 10 to 15 below. PAYMENT AND SHIPPING SERVICES
    Sections from 10 to 15 below will be valid only where the user chooses to use our payment and shipping services.
  10. COMMISSION ON PAYMENT AND SHIPPING SERVICES
    1. Where the user uses the Services of payment and shipping, the same accepts that Gipsyway receives a commission fee for the sale of an Item in the catalog, according to the rate defined in the Price List. Gipsyway may occasionally modify this Price List.
    2. Gipsyway will deduct the commission fee from the purchase price paid by the buyer.
  11. MADE BUY USING THE SITE
    Where the user uses our payment and shipping services:
    1. When you click on "confirm" on the payment page, you acknowledge and agree to enter into an agreement with the seller to buy a certain item from the seller.
    2. When you enter into an agreement to purchase an item in the catalog, you warrant and represent that you have the legal right to make such a transaction.
    3. The user may terminate the agreement with the seller only in cases permitted by law.
    4. When you enter into an agreement with the seller, the payment will be charged immediately to your credit or debit card. For more information, see the "Payment" section below.
  12. SELL IT USING THE SITE
    Where the user uses our payment and shipping services:
    1. An item in the catalogue offered for sale represents an offer of such item by the seller, and this offer may be accepted by a buyer. For more information, see the "Making purchases using the Site" section above.
    2. Once you click on "confirm" on the payment page, you acknowledge and agree to enter into an agreement with the buyer to sell the buyer a certain item in the catalog.
    3. The user may terminate the agreement with the buyer only in cases permitted by law.
  13. PAYMENT SERVICES
    Where the user uses our payment services:
    1. Buyers must pay sellers for Items in the catalog by credit or debit card, using the payment services available on the Site.
    2. Payments must be made in the currency specified on the Site and all prices include VAT (where applicable) and other applicable taxes, but do not include delivery charges and insurance.
    3. Buyers are responsible for any shipping costs, including any insurance costs, unless the buyer and seller have agreed otherwise.
    4. The payment of the Items in the catalogue is in advance. The debit will be made to the buyer's credit or debit card when the buyer enters into an agreement with the seller for the purchase of an item under
    5. We will not confirm the credit to the seller's account until the buyer has accepted the item or is deemed to have accepted it. See the "Acceptance" section below for more information.
    6. We use a third party service provider to process your payment and store your credit or debit card information. By using our payment services, you agree to our provider's conditions and terms. We will not be liable for the actions or omissions of such third parties. You will be solely responsible for the transmission of your credit or debit card information, and we hereby exclude all liability to the extent permitted by law.
    7. The cost of our payment service is available in the Price List and is paid by the seller through a commission fee calculated based on the price of the item sold.
    8. The money earned by sellers through the sale of items on Gipsyway will be kept in an electronic wallet. The seller can transfer this money to his bank account at any time.
    9. The user undertakes not to take any action aimed at fraudulently altering the agreed price for the Items in the catalogue in order to avoid or reduce the amount of the commission expense that the seller must pay to Gipsyway.
    10. If we suspect that you are in breach of our Terms and/or fraudulently altering the agreed price for an Item in the catalogue, we shall be entitled to calculate all applicable commission charges based on the initial sale price of that Item.
  14. SHIPPING SERVICES
    Where the user uses the recommended shipping services:
    1. By selling an item from the catalogue on the Site, the user can choose to use the recommended shipping service of Europacco srl to send items to the buyer.
    2. The cost of the shipping service is available in the Price List and is charged to the buyer of an item in the catalog.
    3. Once the user has concluded an agreement with the buyer for the purchase of an item in the catalogue, we will send the user a confirmation of this purchase. The user will have to send the article of the catalogue that he sold through Europacco srl.
    4. If you do not ship the item to the buyer within 6 days of receiving the shipping details, we will be entitled to refund the purchase price to your account.
    5. We disclaim any liability for parcels and items sent that are lost or destroyed by the shipping service provider due to non-compliance with the shipping service provider's restrictions in relation to the shipment of items. It is the member's responsibility to inquire about these restrictions before sending items.
  15. ACCEPT
    Where the user uses our payment and shipping services:
    1. In order to protect buyers, we will keep the purchase price of an item on hold for no less than 2 days from the date the item is delivered or is expected to be delivered.
    2. If a seller does not send an item to a buyer within 6 days of receiving the shipping details, we will be entitled to send a refund for the purchase price to the buyer's account. The refund of the purchase price will be the buyer's only means of redress with regard to his agreement with the seller.
    3. If a buyer receives an item that does not correspond to the description on the Site, he must send us a communication within 2 days from the date of delivery, using the contact form.
    4. If a buyer does not receive an item he has bought from a seller, he is required to send us a communication using the contact form.
    5. If a Buyer does not contact us within 2 days of receiving an item under sections 15.3 and 15.4 above, this will give reason to believe that the Buyer has accepted the item. When the article is accepted, we will credit the purchase price to the seller's account and deduct any commissions due to us.
    6. Where the Buyer contacts us in accordance with Sections 15.3 and 15.4 above, we will hold payment in abeyance by deducting the commission due to us until we receive instructions agreed by the Buyer and the Seller by mutual agreement, in relation to the account to which the amount is to be credited.
GENERAL TERMS
  1. REMOVAL, WARNINGS, LOCK, SUSPENSION AND INTERRUPTION
    At our discretion, we may warn you, suspend, block or terminate your access to this Site and/or the Services (or any part thereof) or remove any content you upload, including without limitation, the Items in the catalogue if:
    1. you violate these Terms or we suspect a violation;
    2. you act in any way that we think will damage our reputation;
    3. you use the Site or the Services in a way that we consider fraudulent.
  2. ACCESS TO THIS SITE AND ITS SERVICES AND CONTENTS
    1. We do not guarantee that this Site or the Services or content of this Site will always be available and uninterrupted.
    2. We reserve the right to improve, modify, alter, suspend or permanently discontinue, at any time and without notice, the entire Site or any part thereof, or its Services or content, and to restrict or prohibit access to them.
  3. VIRUS
    1. We do not warrant that this Site is secure and free of errors or viruses.
    2. You are responsible for configuring your computer system and the programs or platforms from which you access this Site. You should use your own virus protection software.
    3. You must not misuse this Site by deliberately introducing viruses, Trojan horses, worms, logic bombs or other dangerous or technologically harmful material.
    4. You must not attempt to gain unauthorized access to this Site, to the server on which the Site is stored or to any server, computer or other device on which the Site is stored.
    5. You must not engage in denial-of-service or distributed denial-of-service attacks against this Site.
    6. By violating this section, you would be committing an offence under the Computer Misuse Act 1990 [UK Computer Misuse Act (1990)].
    7. We will report any such violations to the relevant local authorities and cooperate with them by disclosing the identity of the user. In the event of such a breach, your right to use this Site will cease immediately.
  4. RESPONSIBILITY
    1. No part of these Terms limits or excludes our liability to you in the event of:
      1. death or personal injury due to negligence on our part;
      2. fraud or fraudulent misrepresentation;
      3. any other type of liability that cannot be excluded or limited by law. Please note that some jurisdictions do not allow the limitation of warranty or exclusion of liability for damages, so these exclusions may not apply to you.
    2. We make no warranties or representations, express or implied, that this Site and any content and Services therein:
      1. are accurate, complete, up-to-date or suitable for any purpose; or
      2. are free of errors or omissions.
    3. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms expressed or implied that may apply to this Site and any content or Services on this Site.
    4. We provide an online platform to allow people to get to know each other and make purchases, sales, exchanges and gifts among themselves, as well as to allow them to communicate publicly and privately. Buyers, sellers and parties involved in an exchange or gift are solely responsible for transactions undertaken using the Site.
    5. We are not responsible for any action or lack of action by users of the Site or the Services, or content provided by users of the Site, including without limitation:
      1. the descriptions or photos of the articles, including their accuracy and completeness;
      2. the quality, legality or safety of the articles;
      3. the title of ownership of the seller, the buyer or the person who gives a gift in relation to the items;
      4. any rights of the seller or buyer to undertake a sale or the rights of the parties involved in an exchange or gift to undertake such a transaction.
    6. You agree to indemnify us for any loss, liability, cost or expense relating to any third party claims arising out of or in connection with your use or misuse of the Site or the Services, or any use in breach of these Terms.
    7. In respect of any dispute you may have with another user of the Site, you agree to:
      1. to renounce any claim he may have against us in connection with this dispute; and
      2. compensate us for any loss or liability we incur as a result of any claim made against us by such user or any third party as a result of such dispute.
    8. In accordance with Section 19.1, we will not be liable for any loss or damage caused by viruses, distributed denial-of-service attacks or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material as a result of your use of our Site or the Services or your downloading content from the Site or any other website linked to the Site.
    9. We are not responsible for third party service providers that you include in your account. We will not be liable for any loss or damage that may result from your use of such suppliers.
    10. In accordance with section 19.1, Gipsyway subsidiaries and affiliates do not accept any liability to you, whether arising in contract, tort (including negligence) or otherwise, for the following: (a) loss of profits, sales, business or revenue; (b) business interruption; (c) loss of anticipated savings, business opportunity, goodwill or reputation; or (d) any direct, special, indirect or consequential damages, (e) or any other damages of any type arising from any cause whatsoever related to your use of the Services and our Site.
    11. In accordance with section 19.1, we limit our liability under this Agreement, whether such liability arises in contract, tort (including negligence) or otherwise, to a maximum of:
      1. the purchase price paid or payable for a particular item in respect of any claim relating to a transaction made on this Site; and
      2. 100 € for any other claim.
  5. LINK TO THIRD PARTIES' SITES AND RESOURCES ON THIS SITE
    1. Where this Site contains links to other sites and resources provided by third parties, such links are made available for information purposes only. We have no control over the content of such sites or resources.
    2. We assume no responsibility for the content of the websites to which we refer via links on our Site. Such links are not intended to be our sponsorship of the websites to which they refer. We will not be liable for any loss or damage that may result from your use of such sites.
  6. PROMOTIONS
    1. On occasion, we may publish promotions, contests, games or prize draws on the Site, together with the special terms and conditions relating thereto.
    2. In the event of any conflict between these Special Terms and Conditions and these Terms, the Special Terms and Conditions shall prevail.
  7. HIGHER FORCE CASES
    1. We will not be liable for a breach of these Terms nor will we be liable for any delay in performance or failure to perform any obligation under these Terms if such delay or failure is due to events, circumstances or causes beyond our reasonable control. In such circumstances, we shall be entitled to an extension of the time necessary to perform such obligations.
  8. SEPAIR
    1. In the event that any or part of the terms contained in these Terms are defined as invalid, illegal or unenforceable to any extent by a competent authority, such term or part of the terms shall be severed from the remaining terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
  9. THE ENTIRE AGREEMENT
    1. These Terms and all documents referred to in them constitute the entire agreement between us and you, and supersede and cancel all prior agreements, promises, warranties, representations and understandings between us and you, whether written or oral, in relation to the subject matter discussed herein.
    2. We and you agree to enter into the agreement constituted by these Terms on the basis of any statement, representation or warranty (whether made innocently or negligently) that is not set out in these Terms or in any of the documents referred to in them. Neither you nor we will make any claim in the event of innocent or negligent misrepresentation based on any statement contained in these Terms or the documents referred to in these Terms.
  10. LEGISLATION
    1. Note that these Terms, the content discussed herein and the drafting thereof, as well as any requests, disputes or issues arising under or in connection with them, are governed by and construed in all respects by English law.
    2. In case of a dispute between the user and Gipsyway, we strongly encourage the user to contact us first directly to seek a solution. Both you and Gipsyway agree to submit to the non-exclusive jurisdiction of the English courts.
    The "non-exclusive jurisdiction of the English courts" means that, should you succeed in bringing an action arising out of or in connection with these Terms against us before a court, a suitable court would be one located in England; however, you may also decide to bring an action before the court of another country. English law will still apply in all cases.
  11. FACTORY MARKS
    1. Any other trademarks shown on the Site are not our property. Any use of such trademarks may constitute a violation of their owner's rights.
  12. EHABILITIES OF THESE TERMS
    1. On occasion, we may amend these Terms by posting an updated version on this page in the following circumstances:
      1. to reflect thechanges or planned changes in the relevant laws and regulatory requirements;
      2. to reflect any rulings made by a court, regulatory body or any other similar body whose authority is exercised over the company;
      3. to make these Terms clearer or fairer;
      4. to reflect changes and developments related to the way we run our business;
      5. to correct any errors that we may find after publication; or
      6. to reflect changes in market conditions or normal industry practice.
    2. We advise you to check this page from time to time, as your continued use of this Site following an update to these Terms will imply that you agree to be bound by the changes made.
    3. Any changes proposed by you to these Terms must be notified to us in writing and accepted by a representative of Gipsyway authorised to do so.
  13. CONTACTS
    The user can contact Gipsyway here: Contact us

Gipsyway's Gipsyway contest that gives you a voucher

Press:
5€ for a share
5€ for the first uploaded article

The purchase voucher of 5€ is valid and can be freely used for a purchase of more than 25 (twenty-five, 00) euros.
The purchase voucher of 20€ is valid and can be freely used for a purchase of more than 70 (seventy, 00) euros.


Gipsyway reserves the right not to grant access to the voucher in case the user does not respect the legal notices or violates the Gipsyway regulations. Gipsyway disclaims responsibility for facts not directly related to the behavior of the administrators of the page.

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