Current version March 2017
This contract describes the general terms and conditions (hereinafter, the "General Terms and Conditions") applicable to the use of the services offered by the Oferta Exportable on its website (hereinafter "The Site" or Oferta Exportable). Anyone wishing to access and / or use the Site or the Services may do so subjected to the General Terms and Conditions of Exportable Offer, together with all other policies and principles governing Oferta Exportable and which are incorporated herein by reference.
ANY PERSON THAT DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS AND / OR ANY OTHER POLICIES, ATTACHMENTS AND PRINCIPLES THAT RENDER IN OFERTA EXPORTABLE, WHICH HAVE AN OBLIGATORY AND BINDING NATURE, SHALL REFRAIN FROM USING THE SITE AND / OR THE SERVICES.
Users and Registration
The Services are only available to people who have legal capacity to contract (hereinafter, the "User", or plural, the "Users"). The Services cannot be used by people who do not have this capacity, minors, or Users of Oferta Exportable, who have been temporarily suspended or permanently disabled. To register a Company as a User, you must have sufficient capacity to contract in the name and representation of such entity as well as to bind it under the terms of this Agreement.
The registration as User of Oferta Exportable, will also involve the registration as User of the Newsletter of Oferta Exportable.
At its sole discretion, Oferta Exporable Offer may require additional registration to Users who operate as Importers, as a requirement for said Users to access special packages of publications. In these cases, once the additional registration has been made, the specific searches of suppliers by importers will only be published in Oferta Exportable through any of said packages or under the modalities that Oferta Exportable enables for this type of Users.
Oferta Exportable reserves the right to request any additional proof and / or data in order to corroborate the Personal Data, as well as temporarily or permanently suspend those Users whose data could not be confirmed. In these cases of disqualification, all published articles may be removed, as well as the offers made, without generating any right to receive compensation from Oferta Exportable.
The User will access his personal account (hereinafter, the "Account") by entering his Username and chosen personal password (hereinafter, the "Password"). The User undertakes to maintain the confidentiality of his/her Password.
The Account is personal, unique and non-transferable, and it is forbidden for the same User to register or own more than one Account. In the event that Oferta Exportable detects different Accounts that contain matching or related data, Oferta Exportable may cancel, suspend or disable them.
The User will be liable for all operations carried out on his Account, since access to it is restricted to the entry and use of his/her Password, of exclusive knowledge of the User. The User agrees to notify Oferta Exportable immediately and by suitable and reliable means, any unauthorized use of his/her Account, as well as the entry by unauthorized third parties to it. It is clarified that the sale, assignment or transfer of the Account (including reputation and qualifications) is forbidden under any title, except express authorization of Oferta Exportable.
Oferta Exportable reserves the right to reject any application for registration or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without generating any right to receive compensation from Oferta Exportable.
Changes in Terms and Conditions
Oferta Exportable may modify the General Terms and Conditions at any time by making the modified terms public on the Site. All modified terms will take effect 10 (ten) days after its publication. Said modifications will be communicated by Exportable Offer to the users who in the Configuration of their Exportable Offer Account have indicated that they wish to receive notifications of the changes in these Terms and Conditions. Any user who does not agree with the modifications made by the Exportable Offer may request the withdrawal of their Account.
The use of the Site and / or its Services implies full acceptance of these General Terms and Conditions of Exportable Offer, as well as any of the other policies, annexes and principles that govern Exportable Offer.
Products are considered any good or service offered by the registered user in the catalogue of Oferta Exportable.
When publishing a product in the Store, the selling User undertakes not to modify in any way the sale price of the good or service if the buyer decides to place an order through the Store contained in the e-commerce platform of Oferta Exportable.
n the event that the Oferta Exportable detects that by any means the User is violating the aforementioned obligations, Oferta Exportable may cancel, suspend temporarily, or permanently disable the Account of the User.
The User must offer for sale the products in the appropriate categories and subcategories. Publications may include descriptive texts, graphics, photographs and other content and conditions relevant to the sale of the good or the contracting of the service, provided that they do not violate any provision of this agreement or other policies of Oferta Exportable. The product offered by the Seller User must be exactly described in terms of its relevant conditions and characteristics. It is understood and presumed that by including the good or service in Oferta Exportable, the User accepts that he/she has the intention and the right to sell the good offered by him/her, or is entitled to do so by its owner and has it available for immediate dispatch. It is established that the prices of the published products must be expressed with taxes included when applicable, and in legal tender currency. Oferta Exportable may remove any publication whose price is not expressed in this way to avoid confusion or misunderstanding regarding the final price of the product.The User must offer for sale the products in the appropriate categories and subcategories. Publications may include descriptive texts, graphics, photographs and other content and conditions relevant to the sale of the good or the contracting of the service, provided that they do not violate any provision of this agreement or other policies of Oferta Exportable. The product offered by the Seller User must be exactly described in terms of its relevant conditions and characteristics. It is understood and presumed that by including the good or service in Oferta Exportable, the User accepts that he/she has the intention and the right to sell the good offered by him/her, or is entitled to do so by its owner and has it available for immediate dispatch. It is established that the prices of the published products must be expressed with taxes included when applicable, and in legal tender currency. Oferta Exportable may remove any publication whose price is not expressed in this way to avoid confusion or misunderstanding regarding the final price of the product.
The Seller User must clearly specify in the notice the conditions of payment, shipping and delivery of the merchandise, considering the possible destinations and means of transportation and cargo, insurance and other conditions to be considered.
Images and photographs
The user may include images and photographs of the offered product as long as they correspond to the good or service offered, except in the case of goods, products or services that by their nature do not allow this correspondence.
Oferta Exportable may prevent the publication of the photograph, and even of the good or service, if it interprets, at its sole discretion, that the image does not comply with these Terms and Conditions.
Only those whose sale is not tacit or expressly prohibited in the General Terms and Conditions and other policies of Oferta Exportable or by current law may be entered in the list of goods and / or services. Products that contravene the laws of the countries of origin or destination or that are in conflict with morals and good manners may not be published. Oferta Exportable reserves the right to cancel publications that it considers to be in conflict with these conditions.
Protection of Intellectual Property
The Seller User is responsible for the publication of products of which he owns intellectual or industrial property rights or permits to sell them. In the event that the Exportable Offer suspects that an illegal or infringing activity of intellectual or industrial property rights is being committed or has been committed, it reserves the right to adopt all the measures it deems appropriate.
Privacy of Information
To use the Services offered by Exportable Offer, Users must provide certain personal data. Your personal information is processed and stored on servers or magnetic media that maintain high standards of security and physical and technological protection. For more information about the privacy of the Personal Data and cases in which the personal information will be revealed, you can consult our Privacy Policies.
Obligations of Users
Obligations of the Importer
The Buyer (also referred as Importer) is obliged to try to contact the seller and complete the transaction if he/she has placed an order for a published article, unless the operation is prohibited by law or the General Terms and Conditions and other policies of Oferta Exportable, in which case there is no obligation to concretize the operation.
When placing an order for an item, the User agrees to be bound by the conditions of sale included in the description of the article to the extent that they do not infringe the laws or the General Terms and Conditions and other policies of Oferta Exportable. The offer of purchase is irrevocable except in exceptional circumstances, such as that the seller substantially changes the description of the item after making an offer or cannot verify the identity of the seller.
The purchase offers will only be considered valid, once they have been processed by the system of Oferta Exportable.
When the Buying User has placed an order on an article published on the Site, it must rate and evaluate the counterparty.
As established by current tax regulations, the buyer must require the seller to prove the operation. The buyer in turn must issue proof of receipt of merchandise, according to the regulations in force in each country..
Obligations of the Seller
The selling User must have legal capacity to sell the good object of his/her offer. If the selling User has received an order for the product offered, he/she is obliged to try to communicate with the buyer and complete the transaction with the User who made the order. Only in exceptional cases the selling User may retract the sale, such as when he/she has not been able to agree with the Buyer User on the form of payment, delivery, there is a clear typographical error in the price of the publication, or it is not possible to verify the true identity or other information of the Buyer User.
Oferta Exportable does not take any responsibility and is not liable for the veracity of the characteristics of the products published by the Selling Users and the reliability of the Purchasing Users who place orders, officiating only of virtual space of encounter between supply and demand and not participating at all in the commercial transaction between one and another.
DadoSince the Oferta Exportable is a meeting point between buyer and seller and does not participate in the operations that are carried out between them, the Seller will be responsible for all the obligations and tax charges that correspond to the sale of its articles. Oferta Exportable may will not incur in any responsibility for breaches in this regard.
As mentioned above, Oferta Exportable only makes available to users a virtual space that allows them to communicate through the Internet to find a way to sell or buy goods and / or services to third parties. Oferta Exportable has no participation in the process of negotiation and completion of the definitive contract between the parties. Therefore, Oferta Exportable is not responsible for the effective fulfillment of tax or tax obligations established by current law.
The Users will not be able to: (a) manipulate the prices of the articles; (b) interfere in the bid between different Users; (c) publish or sell articles prohibited by the General Terms and Conditions, other policies of Oferta Exportable or current laws; (d) insult or assault other Users; (e) use their reputation, ratings or comments received on the site of Oferta Exportable in any field outside of the Oferta Exportable; (f) publish identical articles in more than one publication.
This type of activities will be investigated by Oferta Exportable and the offender may be sanctioned with the permanent or temporary suspension of the Account, the cancellation of the publication and / or in any other way deemed pertinent, without generating any right to receive compensation, and without prejudice to legal actions that may result from the configuration of crimes, contraventions or civil damages that may cause the bidding Users.
Violations of the System or Databases
No action or use of device, software, or other means tending to interfere in both the activities and operations of Oferta Exportable and in the offers, descriptions, accounts or databases of the Oferta Exportable are allowed. Any interference, attempt or activity that violates or contravenes the laws on intellectual property rights and / or the prohibitions stipulated in this contract will render the responsible party liable for the pertinent legal actions, and the sanctions provided for in this agreement, as well as responsible to compensate the damages caused.
Sanctions - Suspension of operations
Without prejudice to other measures, Oferta Exportable may warn, suspend temporarily or permanently disable a User's Account or a publication, apply a penalty that negatively impacts the reputation of a User, initiate the actions it deems appropriate and / or suspend the provision of your Services if (a) any law is violated, or any of the stipulations of the General Terms and Conditions and other Exportable Offer policies; (b) if you breach your commitments as a User; (c) if it is incurred at the discretion of Oferta Exportable in conduct or fraudulent or fraudulent acts; (d) the User's identity or any information provided by the User could not be verified or if the information provided by the User is mistaken; (e) Oferta Exportable understands that publications or other actions may be the cause of responsibility for the User who published them, for Oferta Exportable or for other Users in general.
In the case of the suspension of a User, whether temporary or definitive, all the articles that have been published will be removed from the system and in no case will the publication charges involved be returned or reimbursed.
Oferta Exportable only makes available to users a virtual space that allows them to communicate through the Internet to find a way to sell or buy services or goods. Oferta Exportable is not the owner of the offered items, does not own them or offer them for sale. Oferta Exportable does not intervene in the improvement of the operations carried out between the Users nor in the conditions stipulated for them, therefore it will not be responsible for the existence, quality, quantity, status, integrity or legitimacy of the goods offered, acquired or alienated by the Users, as well as the capacity to contract of the Users or the veracity of the Personal Data entered by them. Each User knows and accepts to be exclusively responsible for the articles published for sale and for the offers and / or purchases made.
Because Exportable Offer does not have any participation during the entire time the article is published for sale, nor in the subsequent negotiation and completion of the definitive contract between the parties, it will not be responsible for the effective fulfillment of the obligations assumed by the parties in the improvement of the operation. The User knows and accepts that when carrying out operations with other Users or third parties he/she does so at his/her own risk. Under no circumstances will Oferta Exportable be liable for lost profits, or for any other damage and / or damage suffered by the User, due to the operations carried out or not carried out for articles published through Oferta Exportable.
Oferta Exportable recommends acting with prudence and common sense when making transactions with other Users. The User must also bear in mind the risks of contracting with minors or with people who use a false identity. Oferta Exportable will NOT be responsible for the realization of offers and / or operations with other Users based on the trust placed in the system or the Services provided by Oferta Exportable.
In the event that one or more Users or any third party initiates any type of claim or legal action against another or other Users, each and every one of the Users involved in said claims or legal actions exempts from all responsibility Oferta Exportable, and its directors, managers, employees, agents, operators, representatives, attorneys and other staff belonging to Oferta Exportable.
Scope of the services offered by Oferta Exportable
This agreement does not create any partnership, mandate, franchise, or labor relationship between Oferta Exportable and the User. The User acknowledges and accepts that Oferta Exportable is not part of any operation, nor does it have any control over the quality, security or legality of the items advertised, the veracity or accuracy of the advertisements, the ability of Users to sell or purchase items. Oferta Exportable cannot assure that a User will complete an operation nor will it be able to verify the identity or Personal Data entered by Users. Oferta Exportable does not guarantee the veracity of third party advertising that appears on the site and will not be responsible for the correspondence or contracts entered into by the User with said third parties or with other Users.
Oferta Exportable is not liable for any damage, loss or loss caused to the User due to failures in the system, on the server or on the Internet. Oferta Exportable will not be responsible for any virus that could infect the User's equipment as a result of access, use or examination of its website or as a result of any transfer of data, files, images, texts, or audio contained in it. The Users will NOT be able to impute any responsibility to Oferta Exportable or demand payment for loss of profit, in virtue of damages resulting from technical difficulties or failures in the systems or in Internet. Oferta Exportable does not guarantee access and continued or uninterrupted use of your site. The system may eventually not be available due to technical difficulties or Internet failures, or for any other circumstance foreign to Oferta Exportable; in such cases, efforts will be made to restore it as quickly as possible without incurring any responsibility whatsoever. Oferta Exportable will not be responsible for any error or omission contained in your website.
Rates - Billing
The Registry in Oferta Exportable is Free. The User must pay Oferta Exportable an annual cost for the use of the Store service to offer products. The annual cost will be published visibly and the payment will be agreed in a timely manner with users who request access to the service.
Oferta Exportable reserves itself the right to modify, change, add, or eliminate the current rates, at any time, which will be notified to Users, in the manner established in Clause 3. However, Oferta Exportable may temporarily modify the Policy of Rates and the rates for their services due to promotions, these modifications being effective when the promotion is made public or the announcement is made.
Oferta Exportable reserves itself the right to take the judicial and extrajudicial measures it deems pertinent to obtain the payment of the amount due.
Sistema de reputación
Debido a que la verificación de la identidad de los Usuarios en Internet es difícil, Oferta Exportable no puede confirmar la identidad pretendida de cada Usuario. Por ello los Usuarios cuentan con un sistema de reputación de Usuarios Vendedores por parte de Usuarios Compradores.
En virtud que las calificaciones y comentarios que son realizados por los Usuarios compradores, éstos serán incluidos bajo exclusiva responsabilidad de los Usuarios que los emitan. Oferta Exportable no tiene obligación de verificar la veracidad o exactitud de los mismos y NO se responsabiliza por los dichos allí vertidos por cualquier Usuario comprador, por la confianza depositada en las calificaciones de la contraparte o por cualquier otro comentario expresado dentro del sitio o a través de cualquier otro medio, incluido el correo electrónico. Oferta Exportable se reserva el derecho de editar y/o eliminar aquellos comentarios que sean considerados inadecuados u ofensivos. Oferta Exportable mantiene el derecho de excluir a aquellos Usuarios que sean objeto de calificaciones y/o comentarios negativos.
Intellectual property - Links
The contents of the screens related to the services of Oferta Exportable as well as the programs, databases, networks, files that allow the User to access and use your Account, are of exclusive property of Oferta Exportable and are protected by laws and treaties regarding international copyright, trademarks, patents, models and industrial designs. The undue use and total or partial reproduction of said contents are prohibited, unless expressly authorized in writing by Oferta Exportable.
The Site may contain links to other websites which does not imply that they are owned or operated by Oferta Exportable. Given the fact that Oferta Exportable has no control over such sites, it will NOT be responsible for the contents, materials, actions and / or services provided by them, nor for damages or losses caused by the use thereof, whether caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, exportable support of these sites and their contents.
The User agrees to release, waive, discharge and covenant not to sue Oferta Exportable, and any of their staff members, from any and all liability, claims, demands, actions and causes of actions whatsoever (including reasonable attorney’s fees) arising out of or related to any loss or damage, whether caused by any User and / or third party for any breach of the General Terms and Conditions and other Policies that are understood to be incorporated herein, or for the violation of any laws or rights of third parties.
Jurisdiction and Applicable Law
This agreement will be governed in all its points by the laws in force in Uruguay. Any dispute arising from this agreement, its existence, validity, interpretation, scope or compliance, will be subject to the jurisdiction of the ordinary courts of the City of Montevideo.
It is set as legal address of Posui S.R.L. Capitan Videla Street 2910 Ap. 106, Montevideo, Uruguay.