TERMS AND CONDITIONS
Welcome to FRESHZAPAS, your trusted online SNEAKERS purchasing platform
FRESHZAPAS is limited to publishing products made in China by local suppliers. (put the work you do and talk a little about you).
We put the buyer in contact with the seller, in no case are we the owners of the products that are sold. The various local suppliers/vendors in China advertise their products through the various catalogs, i.e. FRESHZAPAS is just an online platform or place for information exchange and transactions between buyers and sellers.
Review the following basic rules governing your use and access to the Site. Please also note that your use or access to the Site constitutes your agreement to abide by and be bound by this Agreement. If you do not agree to all the terms of this Agreement, do not use or access the Site.
- Please note that your use and/or access to the Site are also subject to the terms and conditions applicable to certain specific Member Services (defined below). In the event of a conflict or inconsistency between the aforementioned terms, conditions, and information and the terms and conditions applicable to that specific Member Service, the terms and conditions applicable to the specific Member Service shall prevail.
- Member Services means a certain feature or function (FRESHZAPAS) is reserved only for certain Pay Users who undergo a specific registration or verification process. The content and rate structure of such Member Services will be determined by (FRESHZAPAS) independently and informed to the corresponding Users periodically and at any time through a notice published on the Site, email or other means.
- You acknowledge and agree that FRESHZAPAS may modify the Terms at any time by posting the relevant Terms as amended and reformulated on the Site. By continuing to use the Services or the Site, you agree that the modified Terms apply to you. In the event that such a change is made, a notice will be placed on the home page.
- If FRESHZAPAS has published or provided a translation of the Spanish version of the Terms, you agree that the translation is provided solely for convenience and that the Spanish version will govern your use of the Services or the Site.
- The Terms cannot be modified in any other way, except in writing by an authorized official of FRESHZAPAS.
- Use of the site
- All materials are intended exclusively for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any material or software downloaded as a result of such download or copy is transferred to you. You may not reproduce (except as indicated above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale or exploit in any way, totally or partially, any of the Contents, the Site or any related software. All software used on this site is the property of FRESHZAPAS or its suppliers and is protected by international copyright laws. The Contents and software on this Site may only be used as a purchasing resource. Any other use, including reproduction (except as noted above) or modification.
- When accessing the Site or using its services, you must not:
- Post or transmit false, inaccurate, misleading, offensive or defamatory content
- Violate any law, regulation, third party rights or our policies, such as the intellectual property rights of third parties;
- Failing to deliver payment for the products and items purchased by you;
- Manipulate the billing process of FRESHZAPAS, or not deliver the payment or fee owned by FRESHZAPAS;
- Weaken feedback or rating systems;
- Transfer your FRESHZAPAS account to another party without the prior written consent of FRESHZAPAS;
- Distribute spam, mass electronic communications, chain letters or pyramid schemes on the Site;
- Distribute viruses or any other technology that may harm FRESHZAPAS and the Site, or the interests or property of other users;
- Collect information from other Users, including, among others, their email addresses and user IDs, without their prior consent, to obtain benefits; or
- Otherwise you will incur any liability before the Site or FRESHZAPAS.
- At our sole discretion, FRESHZAPAS reserves the right to remove from the Site any material or listing that we reasonably believe to be illegal, in violation of the Agreement, which may give rise to any liability to FRESHZAPAS or that is inappropriate.
- FRESHZAPAS reserves the right to limit, terminate and deny the right to use or access the Site and Service(s) of any User for any reason, including, among others, infringing the intellectual property right of a third party, in breach of this Agreement and incur liability to FRESHZAPAS. Hereby, each User also accepts that in no case will FRESHZAPAS be liable to any User or a third party for the inability of any User to use or access the Site and/or Services.
- FRESHZAPAS may launch, change, update, impose conditions to suspend or stop any Service (or any feature within the Services) without prior notice, except that, in the case of a fee-based Service, such changes will not be materially adverse effect paying users who enjoy this service.
- In case you are aware of or consider that any of the materials posted on the FRESHZAPAS page violate or go against the intellectual property, you most contact us to remove it from our website. In no case, FRESHZAPAS will be responsible for the infringement, since it is only limited to retailers hanging their products in property.
- On-site purchases
- The user agrees that all activities carried out on his X account (including, among others, the publication of company or product information, click to accept additional agreements or rules, subscribe or make payments for any service, sending emails using the platform) will be considered that user has authorized the current email account or sending SMS.
- The user acknowledges that sharing his account with other people, or allowing multiple users outside his business entity to use his account (collectively, “multiple use”), can cause irreparable harm to FRESHZAPAS or other Users of the Site. The user shall indemnify FRESHZAPAS, our affiliates, directors, employees, agents and representatives for any loss or damage (including, but not limited to, loss of earnings) as a result of multiple use of their account. The user also accepts that in the event of multiple use of his account or the failure of the user to maintain the security of his account, FRESHZAPAS will not be responsible for any loss or damage arising from such breach and will have the right to suspend or terminate the user Account X without responsibility for the user.
- By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items purchased. Any delay in the delivery payment process may constitute a breach of contract, and you will be solely responsible for such breach.
- Each user understands and accepts that the price listed for the product on the site and/or the price paid for the product includes the service commission of FRESHZAPAS.
- You understand that, by using and accessing the Site or any Service provided on the Site, you may find content that some may consider offensive, indecent or objectionable, content that may or may not be identified as such. You agree to use the Site and any Services at your sole risk, and that FRESHZAPAS will have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
- Each User understands and accepts that the product and content that are listed or displayed on the Site may be related to copyright, trademarks, trade secrets, patents and other personal or property rights of a third party. In addition, each User agrees that the User who uploads or lists such content and information on the Site will be solely responsible for any violation of the rights of third parties. The Site and FRESHZAPAS will not be responsible for any infringement or purchase dispute related to intellectual property and/or other personal or property rights of third parties. This is because FRESHZAPAS does not own any product, simply different retailers advertise their proprietary material.
- When required by the government, law enforcement agency, or creditor whose legitimate right has been violated or forced by a subpoena or other legal document, FRESHZAPAS may disclose the user’s identity and contact information as mentioned in the LOPD. The user agrees not to file any action or claim against FRESHZAPAS for such disclosure.
- The Site may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or others), APIs or others. You are advised to read the terms and conditions and/or privacy policies of such websites before using such sites. You acknowledge that FRESHZAPAS has no control over the websites of such third parties, does not supervise such websites, and FRESHZAPAS will not be liable to anyone for such websites, or for any content, products or services available on such websites.
- Transactions between buyers and sellers
- Each user understands and accepts that FRESHZAPAS is not a traditional vendor or shopping center. Through the Site, what FRESHZAPAS provides is only an online platform or place for information exchange and transactions between buyers and sellers, including web-based electronic transaction platforms for Users to make, accept, conclude, manage and fulfill orders for the supply of products and services online subject to the Registration Agreement. Although FRESHZAPAS will monitor the regular operation of the Site to fulfill its duty of care, FRESHZAPAS does not review or verify every item in the posted content and listing to look for infringements or illegal activities.
- Notwithstanding the Terms, no agency relationship will be created between FRESHZAPAS and any seller or buyer with respect to the listing and the transaction, whether or not such transactions are conducted through the Site.
- The user acknowledges that although FRESHZAPAS makes every effort to provide users with accurate information and listings published by sellers, and to make general verifications of sellers’ identity, there are still risks associated with purchasing parts online. Therefore, we encourage you, the users of the Site, to use the relevant tools available, reasonable judgment and common sense when making an online deal.
- In no event shall FRESHZAPAS be liable for any transaction infringement or dispute, including, but not limited to, transaction disputes regarding quality, safety, breach of warranty, legality or availability of products or services and payment by buyers, as well as any infringement of intellectual property by sellers.
- Users (including seller and buyer) agree to release and indemnify FRESHZAPAS and its agents, affiliates, directors, officers and employees from all claims, demands, actions, procedures, costs, expenses and damages (including, among others, any actual, special, incidental or consequential damages) arising from or related to any transactional dispute over the products, listings or information on the Site.
- To help sellers and Registered Users to resolve any transactional dispute effectively and efficiently, FRESHZAPAS places at their service the following email email@example.com to establish a personal treatment in its processing.
- Limitation of liability
- To the maximum extent permitted by law, FRESHZAPAS provides this Site “as is”, “as available” and “with all facts”. FRESHZAPAS makes no representations or warranties of any kind, express or implied, regarding the operation of the Site or the information, content, materials or products included on this Site. To the extent permitted by applicable law, FRESHZAPAS expressly disclaims any and all warranties, express or implied, including, but not limited to, warranties of condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, FRESHZAPAS disclaims any and all warranties, express or implied, of any merchandise offered on this Site. All these guarantees, representations, conditions and commitments are excluded. You acknowledge, by your use or access to the Site, that your use or access to the site is at your own risk. This disclaimer does not apply to any product warranties offered by the item manufacturer. This disclaimer constitutes an essential part of this Agreement.
- Under no circumstances and under any legal or equitable theory, whether by tort, contract, strict liability or otherwise, FRESHZAPAS or any of its affiliates, employees, directors, officers, agents, vendors or suppliers will be liable to you or to any another person, for any indirect, special, incidental or consequential loss or damage of any nature that arises or is related to the use or the inability to use the Site, including, among others, damages for lost profits, loss of goodwill, loss data, work interruption, accuracy of results, or computer failure or malfunction, even if an authorized representative of FRESHZAPAS has been informed or should have known of the possibility of such damage.
- Furthermore, in no event shall FRESHZAPAS be liable for damages derived from any of the following, regardless of whether they are special, direct, indirect, punitive, incidental or consequential damages, or related to the contract, negligence, tort or others:
- Any dispute related to assets, services or information purchased or obtained from a seller or a third party through the Site, including, among others, disputes about quality, safety, guarantee, legality or availability of said goods, services or information;
- Any violation of the Rights of third parties on the Site;
- Unauthorized access to data or private information of any User on the Site; or
- Declarations or conduct of any User of the Site.
- Notwithstanding any of the foregoing provisions, if FRESHZAPAS, our employees, agents, affiliates, representatives or any person acting on our behalf is liable, our liability will not exceed the commissions paid by you in connection with your use of the Site during the period of three months prior to the date the claim arose.
- FRESHZAPAS will not be responsible for any special, direct, indirect, punitive, incidental or consequential damages or any damages (including, among others, damages for loss of earnings or savings, commercial interruption or loss of information), whether in the contract, negligence, tort, equity or any other damage resulting from any of the following: (1) the use or the impossibility of using the Site or the Services, (2) any defect in the goods, samples, data, information or services acquired or obtained from a User or any other third party through the site, (3) any violation of the rights of third parties or claims or demands that the User manufactures, imports, exports, distributes, offers, shows or buys,
- The limitations and exclusions of liability to you under the Terms will apply to the fullest extent permitted by law and will apply regardless of whether or not FRESHZAPAS has been informed of the possibility of such losses arising.
You agree to defend, indemnify, and hold FRESHZAPAS and its affiliates, directors, officers, and employees harmless from any loss, claim, liability, damages, costs, and expenses, including attorney’s fees, derivatives, or related to (1) its use. of the Site, (2) your breach of any representation and / or guarantee made by you to FRESHZAPAS and (3) claims presented by third parties claiming rights or other third parties related to the products offered or displayed on the Site.
- Force majeure
Under no circumstances, FRESHZAPAS will be responsible for any delay or failure or interruption of the content or services delivered through the Site that result directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, among others, failures Internet, computers, telecommunications failures or any other equipment, power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, acts of God, war, government actions, national orders or foreign courts or tribunals or third party breach.
- Copyright, trademarks and other intellectual property rights
- Unless otherwise indicated, all content on the Site is copyright, trademark, trade image and/or other intellectual property owned, controlled or licensed by FRESHZAPAS or one of its subsidiaries and is protected by the PRC and international copyrights, patents, trademarks and other intellectual property rights. property laws. The compilation of all the Contents on this site is the exclusive property of FRESHZAPAS and is also protected by international copyright, patent, trademark and other intellectual property laws.
- FRESHZAPAS and its suppliers and/or licensors expressly reserve all intellectual property rights in all texts, programs, products, processes, technology, content and other materials that appear on the Site. Access to the Site does not and will not be deemed to confer on anyone any license under any of the intellectual property rights of FRESHZAPAS or third parties. FRESHZAPAS names and logos and all related product and service names, design marks and slogans are trademarks of FRESHZAPAS. All other brands are the property of their respective companies. No trademark, service mark or logo license is granted in connection with the materials contained on this Site. Access to this site does not authorize anyone to use any name, logo or brand in any way. The unauthorized use of these names, logos or brands is strictly prohibited.
- References on this Site to any third party name, brand, product or service or hypertext links to the Site or third party information are provided solely for your convenience and in no way constitute or imply the endorsement, sponsorship or recommendation of FRESHZAPAS of the third party, information, product or service. FRESHZAPAS is not responsible for the content of any third party site and makes no representation regarding the content or accuracy of the material on that site. If you decide to link to such third party websites, you do so at your own risk.
- Unless explicitly stated otherwise, all notices or requests to FRESHZAPAS will be made in writing and will be sent to FRESHZAPAS by mail to the following address: firstname.lastname@example.org, To: Legal Department. The notice will be considered effective when FRESHZAPAS receives it in any of the ways mentioned above.
- All notices or claims about a User will be effective if they are delivered personally, by email to the email address provided to FRESHZAPAS during the registration process (as periodically updated, if applicable), or by posting notice or demand in an area of the Site that is publicly accessible at no charge. Notification to a user will be deemed received by said user if: (1) FRESHZAPAS can demonstrate that the communication, whether in physical or electronic form, has been sent to said user, or (2) immediately after the publication of FRESHZAPAS said notice in an area of the Site that is publicly accessible at no charge.
- You agree that all agreements, notices, demands, disclosures and other communications that FRESHZAPAS sends you electronically satisfy the legal requirement that such communication must be in writing.
- This Agreement represents the entire agreement between the parties regarding their use of the Site and the Services and supersedes all previous oral or written agreements and representations between users and FRESHZAPAS related to the same subject.
- If any provision of this Agreement is deemed to be unenforceable for any reason, such provision will be removed or amended to the extent necessary to make it enforceable and the other terms of this Agreement will remain in full force and effect.
- The failure of FRESHZAPAS to act regarding to a breach of this Agreement by you or others does not constitute a waiver and will not limit FRESHZAPAS rights regarding to such breach or any subsequent breach.
- FRESHZAPAS and you are independent contractors, and the Terms do not purport to create or create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship.
- The failure of FRESHZAPAS to enforce any right or to act with respect to any breach by you of the Terms shall not constitute a waiver of that right or a waiver of FRESHZAPAS right to act with respect to subsequent or similar breaches.
- FRESHZAPAS may transfer this contract and all or part of its rights, obligations and interests to any part or entity at its sole discretion; however, Users cannot assign their rights, obligations and interests under this contract to any party or entity.
- Any action or procedure arising from or related to this Agreement or your use of this Site must submit an Arbitration procedure, which will be carried out in accordance with the Spanish arbitration rules or, failing that, rules of the EU in force at the time of the arbitration request. The arbitration award will be final and binding on both parties.
If there is any conflict between the Spanish version and the other language version of this Agreement, the Spanish version will prevail.