TERMS & THINGLE

The THINGLE Platform (the Site) is managed and owned by the company THINGLE, LDA., with headquarters at Rua do Hospital, 8, 3250-126 Alvaiázere, Leiria, Portugal, with unique registration and person number collective 517082349, registered at the Aveiro Commercial Registry Office, with share capital of 5,000.00 Euros (hereinafter referred to as THINGLE).

1. INTRODUCTION

1.1. Access and use of the Site. The present Terms & Conditions of Use (hereinafter referred to as Terms) establish the assumptions under which our Site may be used. If you agree to these Terms, you may use our Site as User, and will have the opportunity to be a Buyer and/or Item Seller on the Site. To access and use the Site, the User You must create your THINGLE Account and accept the Terms when prompted during the registration process.

1.2. Services. THINGLE offers intermediation services between Buyers and Sellers, which includes Conformity Assessment of Items by Partners of THINGLE (the Services). THINGLE is fully responsible for the Services that provides, under the conditions set out in these Terms. THINGLE is not a party to any Transactions between Users. THINGLE does not buy or sell the Items shown on the Site.

1.3. Who may use the Site. The Site is a platform for Buyers, Sellers are not professionals, Professional Sellers and THINGLE Partners.

1.4. Who may not use the Site. The Site is not intended for use by persons with less than 18 years old. If you are the father, mother or legal guardian of a minor under 18 years of age, you can create an account and accept these Terms on behalf of that minor, but in doing so, assumes full responsibility for the use of the Site by a minor and acknowledges that the Site is intended for people with at least 18 years of age.

1.5. Articles. Can be transacted all types of used/second-hand products on the platform, except for expressly excluded in these Terms.

1.6. Professional salespeople and Non-professional sellers. These are Professional salespeople are businesspeople, incorporated into a company or similar, Individual Entrepreneur or Independent Professional, who exercise their commercial activity within the scope of trade in Articles. They are not Sellers professionals the rest.

There may be special conditions for non-professional Sellers and Sellers professionals, depending on THINGLE's case-by-case assessment.

1.7. Visitors. If you are a Visitor to Site can search and view Articles, read content provided by Users, as well as news and other information published on the Site. However, you will not be considered a User and therefore are not entitled to use the Services.

1.8. THINGLE partners. THINGLE has a vast network of Partners, who are experts in several areas. Once the Transaction has started, Partners will issue a Conformity Assessment Certificate.

If the Buyer decide to purchase additional services from Partners, such as maintenance, repair or otherwise, such services are provided directly to the Buyer by Partner, but charged by THINGLE.

1.9. Rating Conformity of Articles. The Conformity Assessment carried out by Partners certifies that the Article was evaluated and compared to that described by the User who placed it on the Website, in order to provide a high degree of confidence that it corresponds to what is described.

From Assessment Certificate of Compliance includes the condition of the Article. Compliance is mandatory. Assessment promotes transparency and increases levels of trust between Sellers and Buyers. The fact that there is a factual technical report, made by an entity that is not involved in the negotiation, allows the Buyer to feel calm and confident in the information provided. This way, the Buyer will know exactly what to expect of the Article.

1.10. Creating an Account. To buy or sell Items on the Site, and to use the Services, you must first register on the Site and create a User Account. When registering on the Site, undertakes to provide true, accurate, updated and complete. It is important that the User always maintains and promptly updates your Account information to keep such information up to date and complete. Through the registration process, Users will be asked to provide – directly on the registration form or, if you wish, sharing your profile on Facebook, Google or Apple ID - an email address, a username – a pseudonym for use on the Site -, and a password to allow the Site to identify each time you access it. We will use this data for the purposes and in the manner described in the Privacy Policy.

In order to protect your User Account and ensure the security of other Users, THINGLE may, when necessary, verify the information included in your User Account or ask you to answer relevant questions, provide relevant information or assist with verification procedures and/or security, which are intended to confirm that the User is the person who access and/or carry out Transactions from your User Account. As part these procedures, THINGLE can verify the telephone number, email, credit card, debit card or other payment method of the User, or the User's bank account.

1.11. Terms and conditions of third parties. Some services for using the Site provided by Third parties may be governed by separate terms and conditions. For example, for use the payment service, you must agree to the terms and conditions of the payment service provider.

1.12. Changes to the Terms. Any changes to these Terms will be subject to prior approval. If you do not accept the Terms on within 30 days from the date on which it was notified of the changes, THINGLE reserves the right to restrict the use of the User Account on the Website until that you accept the updated Terms.

1.13. Unilateral changes to these Terms. THINGLE may change unilaterally these Terms in order to:

a. Adapt the Terms to legislation or regulatory instruments in force, or that may be adopted;

b. Adapt the Terms to any decision taken by a court, a consumer association or any other competent authority, which affects the content of the Website or the Services offered for this;

c. Adapt the values to reflect the inflation and/or the evolution of costs;

d. Prevent abuse or damage by or security reasons;

e. Reflect changes made to Services;

f. Reflect changes and developments in the way THINGLE operates the business;

g. Make editorial changes to these Terms - for example, to correct grammatical or spelling errors -, since that these changes do not alter the content or meaning of these Terms.

If the THINGLE makes any of the changes identified above, it will inform Users about the amended Terms. From the effective date of the change, the User may continue to use the THINGLE Services in accordance with the Terms changed. The changes will not be applicable retroactively and will not affect any Transactions that the User has previously carried out on the Website.

1.14. New Services, features and functionalities. We may add new Services, features and functionalities to our Services, without reduce the quality or alter, to its detriment, the characteristics of Services provided to you.

2. SITE ARTICLE LISTING AND TRADING

2.1. Allowed Items. Only those Items that meet all following conditions may be listed on the Site:

a. The Seller shall have the right to transfer ownership of the Article;

b. The Seller must not make available for resale items that have been purchased in bulk or items purchased directly from the factory with a low resale value;

c. The sale, use or possession of the Article must not violate the rights of third parties, including any rights intellectual property, shall not violate any applicable law or regulation applicable local, national or international law or be contrary to public safety and/or good customs.

d. The Article must be safe and cannot be counterfeit.

2.2. Uploading Articles. To list an Item on the Site, the Seller must complete the questionnaire and upload at least 4, or more if necessary, depending on the Article, photographs and/or good quality video. Sellers may not use photographs or videos found on the Internet and/or photographs or video of a similar item. A description and photographs and/or video of the Article must reflect the actual quality and the external appearance of the Article, as well as any faults, defects or changes that affect the Article.

2.3. Negotiation Process. When a Seller places an Item on the Website, describe it accurately, including damage and/or malfunction, choose a state of conservation, and assigns a price to it. This constitutes an offer for its sale, which can be immediately accepted by the Buyer. In alternative, the Buyer may counter-offer another price, opening the negotiation between the Seller and one or more Buyers. The negotiation ends when one of the Buyers makes a proposal that corresponds to the fixed price or, if this does not occur, the Seller may accept the proposal you understand. Once the Transaction has started, the Seller and the Buyer will have access to the Certificate of Assessment Compliance to assist them in negotiations.

2.4. Seller's Rights. The Seller who has placed the Article can remove it at any time before entering into a contract with a User for the sale of the Article in question.

2.5. Buyer's Rights. The Buyer who has accepted the price or counter-offered another, you can update your offer at any time, as long as before concluding a contract with the Seller and observing good faith in negotiation.

2.6. Article Search. When Buyers search for an Article on the Site, their ads are sorted by default by “relevance” to the search term. Alternatively, in the Site, Buyers can also choose the classification of ads by price or by date.

3. PURCHASE OF ITEMS ON THE SITE AND WARRANTY

3.1. Purchase. Buyers can purchase Items on the Site using the “Buy” tool. Once the Transaction has started, it is Conformity Assessment of Articles is carried out. After completing the process of Checkout, the Buyer becomes party to an agreement with the Seller.

Both Buyer and Seller acknowledge that completion of the Checkout process by the Buyer creates an agreement legally binding between the Buyer and the Seller, based on (i) the description and photographs and/or video of the Article, (ii) in the Assessment Certificate of Compliance issued by the Partner, (iii) under the conditions agreed between the Buyer and the Seller and (iv) in the relevant conditions included in the present Terms. The Buyer undertakes to pay for the Item purchased within 48 hours and the Seller undertakes to transfer the your property. For the avoidance of doubt, THINGLE is not a party to said contract. If the Seller is not a professional, the consumer's rights arising from consumer protection law do not apply to this agreement.

Shopping made without using the “Buy” button are carried out solely for the account and User's risk. To the extent permitted by law, THINGLE is not responsible for, and declines any liability arising from/or related to purchases made outside the Site. For your safety and the security of transactions, we invite you to complete Transactions using the button “Buy” and not make transactions outside the Site.

3.2. Guarantee. A sale of Items by Sellers professionals enjoy the legal guarantee given by them.

In Transactions between private individuals there is no legal guarantee. Even so, if the product presents a defect, THINGLE guarantees the Buyer the right to repair, exchange, reduce price or refund during the verification process by the Partner.

4. PAYMENTS

4.1. For the Buyer. Means the total amount due for a Transaction, which comprises i) the price of the Item(s) established by the Seller; ii) the shipping fees; iii) the value of the Conformity Assessment; and iv) any applicable taxes or fees.

The Buyer does not pay the value of the Conformity Assessment if the evaluating Partner is the Seller.

4.2. For the Seller. The price of the Item(s) established by the Seller is deducted the THINGLE commission.

4.3. Secure Payments. THINGLE hired a payment service provider payment to process payments made and to store information relating to credit, debit cards and any other means of payment available on the Website. To use the payment services, the User enters into a contract directly with the provider of these services and accepts the its terms and conditions.

Payment of price by the Buyer can be made by credit or debit card, or by any other payment method that may be introduced on the Site. If one credit or debit card, or other payment method that is suspected belongs to a third person, is provided by a User on the Website, this may be required to provide additional evidence that the credit card or debit, or other payment method, belongs to a User. If the Buyer have money available in your E-Wallet (electronic wallet), such funds will automatically be used to make purchases on the Site. If the Buyer does not you have enough money in your E-Wallet to cover the total amount due, You can settle the remainder by paying through other payment methods available.

The price is held in an escrow account managed by the payment service provider. Once the Transaction has started, the provider of these services receives money from the Buyer on behalf of the Seller and retains these funds into the escrow account for later transfer. THINGLE supports its Users when using the services provided by the service provider payment and provides direct assistance to Users for such services; however, for the avoidance of doubt, THINGLE does not provide any processing payments to Users.

When the Transaction is completed, ie, the price is paid by the Buyer and the Seller send the Article(s), the purchase price of the Article(s), minus the commission of THINGLE, will be immediately transferred by the service provider payment to the Seller's E-Wallet.

4.4. Currency and Taxes. All prices on the Website are expressed in Euros (EUR), including VAT if/when applicable.

4.5. E-Wallet Setup.A electronic wallet, or balance, is a payment service provided by payment service provider. When a User creates the wallet electronically, the latter enters into a contract directly with the provider of these services and you will be accepting their terms and conditions. For the first Sales transaction, the Seller will be asked to open an electronic wallet, under penalty of not doing so, the Sales Transaction will be cancelled. Before carrying out the first Sales Transaction, Sellers can also create the electronic wallet on your own initiative. This service is also subscribed by the Buyers. Users can transfer funds from electronic wallet to your bank account, and the transfer will be carried out by the payment service provider.

5. SHIPPING OF ITEMS AND COMPENSATION SELLER

5.1. Shipping Options. THINGLE does not provides transportation services. Shipping options that may be available are described on the Website. THINGLE may, at any time, add, suspend or remove carriers from the choice list available to Users. Sellers and Buyers can access the carrier's terms and conditions on their website. Users are responsible for reviewing and agreeing to the carrier's terms and conditions they select. The Buyer will choose a shipping option during the process Checkout and the Seller must use this shipping option chosen by the Buyer, otherwise the Transaction will be cancelled.

5.2. Compensation. In case of Article lost or damaged in transit, Seller may be entitled to a compensation up to the compensation limit established by each carrier, in accordance with the terms and conditions of that carrier. A Seller's compensation will be borne and handled directly by carrier and the Seller must follow the procedures provided for by that one.

5.3. Payment of shipping fees. Shipping fees are paid by the Buyer. Applicable shipping costs will be always clearly indicated to the Buyer before any purchase. May change from one order to the next, depending on factors such as the size of the order, shipping route, carrier and potential discounts.

5.4. Shipping Commitment. As soon as the price has been paid by the Buyer, THINGLE will inform the Seller that must send the Item to the Buyer within 5 working days. If the Seller does not send the Item within this period, THINGLE may cancel the Transaction and instruct the payment service provider to unblock the amount corresponding to the price held in the escrow account for the Buyer. The Seller is responsible for the adequate packaging of the Article.

5.5. Shipment Tracking System. THINGLE provides the online tracking system that reflects only the information of tracking provided by the parcel carriers. Consequently, in To the extent permitted by applicable laws, THINGLE declines any responsibility if the carrier provides tracking information inaccurate, incomplete or out of date.

6. INTERACTION AND MESSAGES ON THE SITE

6.1. Private Messages. The exchange of Private Messages between Users in Chat have the sole purpose of exchanging information between Users regarding the Articles. If a User sends Private Messages to another User, he/she must ensure he/she does not send:

a. Messages or information that display advertising;

b. Spam or content spreading viruses or “worms”;

c. Serial mail messages any other type, ie, messages that are sent to more than five Users or when they are copied and sent to Users who do not have requested it;

d. Messages containing contrary texts good customs and public safety, inappropriate, insulting or defamatory or those considered incompatible with these Terms and interests of Users;

e. Messages of an illegal nature or that otherwise seek to cause damage to other Users and/or the Site;

f. Messages that may qualify as harassment of any kind.

If the THINGLE detect content in Private Messages that are contrary to good customs and public safety, or that indicate fraudulent behavior, may block the Private Message and the User, hide the Private Message from User to whom it was sent or even suspend the User Account.

6.2. Feedback between Users. One Once the Transaction is completed, the Buyer and Seller may publish on the Website analyzes of the parties involved. No compensation is given to Users for comments made online.

The opinion of one User over another must always be fair and honest. Lies and insults are prohibited.

A THINGLE does not checks opinions before they are published on the Website by Users.

If any comment that has been published on the Site is inappropriate, abusive or otherwise comply with these Terms, Users may report such occurrence to THINGLE. At a User's request, THINGLE will remove comments on compliance with these Terms and applicable laws. At the same time, THINGLE may block the account of any User who makes a comment that does not comply with these Terms.

6.3. Chat. Users are responsible for the messages they publish in Chat, and should not share any confidential or private information in the Chat. THINGLE is not responsible for the content of the Chat or what Users do with it content. If the identity of a User who has posted a message is made public, THINGLE cannot be held responsible if such disclosure is caused by actions committed by the User or by third parties, of which the THINGLE is not aware.

7. RESPONSIBILITY

7.1. By Users. You Users are fully responsible for any information they publish on the Website, as well as for the Items that they offer, sell or transfer to others Users.

Os Users acknowledge and accept that they are fully responsible for the uploading any Article to the Website, as well as the description, photographs and/or video of the Article, for any information published on the Website and statements made to Buyers or other Users and the accuracy of other details provided, including Private Messages and feedback.

Os Users are solely responsible for Transactions carried out with others Users and any disputes that may result therefrom, except in cases where that the disputes are caused by THINGLE's failure to comply with its obligations under these Terms.

Os Users must comply with all laws, rules and regulations applicable to them applicable when using the Site. Users must act and use the Site in good faith.

7.2. By THINGLE. THINGLE acts as a mere intermediary between Buyers and Sellers. In case of a If you violate these Terms, you acknowledge and accept that you are solely responsible for any and all direct or indirect losses third parties or THINGLE, in accordance with the law. Consequently, the User acknowledge and accept that, to the extent permitted by applicable law, and except cases of violation of these Terms, THINGLE will not under any circumstances liable for any damages or losses suffered by Visitors and Users and/or third parties. In particular, without this list being exhaustive, THINGLE will not be responsible for (i) actions or omissions of Users, (ii) the suitability, accuracy, completeness and/or legality of any content; or (iii) the safety, quality and quantity of Items that Users sell or purchase through the Site, nor for the conformity of an Article with the description provided; (iv) any problem with the Transactions.

A THINGLE does not is responsible for the content generated by Users. Users are responsible for its content. Users acknowledge and accept that, in its capacity as a provider of intermediation services, THINGLE has no any contractual obligation to carry out any verification of the content and of the Articles described on the Site, and, to the extent permitted by applicable law, in under no circumstances will be held responsible for any damages or losses suffered by Visitors, Users and/or third parties in relation to these contents and Articles. However, THINGLE will remove from the Site any illegal content that has been duly reported to you, in a sufficiently detailed and clear and, if you detect content or an Article that violates, or may violate, applicable laws and/or these Terms, THINGLE will take measures against the User, as provided.

A THINGLE does not is responsible for any tax liabilities or obligations declarative statements that Users may incur based on their activities on the Site. For the purposes of Transactions carried out on the Website, the Users are solely responsible for any reporting obligations tax liability, if any arises under applicable legislation.

A THINGLE will take all appropriate measures to protect the security of data provided by Users and to prevent our Services from compromising data and software stored on users' computers, tablets or smartphones Users. However, even if THINGLE has taken appropriate measures in compliance with legal requirements, your systems can also be compromised by unpredictable events, such as cyberattacks or breaches of security regarding data transmission or that affect the volume and data transmission speed. Under these conditions, we suggest that Users take all appropriate measures to protect their own data and/or software, particularly against viruses circulating on the Internet.

8. USER OBLIGATIONS

8.1. Users undertake to comply with the following rules when using the Site:

a. When registering on the Site, provide true information about yourself;

b. Use the Site to provide objective, correct, exhaustive and detailed information about the Articles that are to be sold;

c. Ensure that the proposed prices for the sale of the Articles, as well as other information relating to them, are correct;

d. Do not copy any content or information that appears on the Site and that has been uploaded by THINGLE or by another User of the Site;

e. Do not use any content or information that appears on the Site for any unlawful purpose;

f. Do not violate applicable laws;

g. Do not act contrary to security public and/or good customs.

8.2. Users undertake to not do so, and Visitors must not do so, when using the Site:

a. Encourage the purchase of any goods, when their sale or possession is prohibited or restricted;

b. Use (in particular share and/or publish) photographs or videos (i) for which the User does not hold intellectual property rights – in general, these are photographs or videos found on the Internet -, or (ii) that contain links to other websites;

c. Use (in particular share and/or publish) photographs or videos (i) in which other people are visible other than the User himself, unless other visible persons have consented to the publication of these photographs or videos; or (ii) which are or may be considered contrary to good customs and/or public safety – for example, erotic, pornographic or other content photographs or videos violent;

d. Publish any content praising, promoting, encouraging or inciting terrorism, racism, revisionism, xenophobia, homophobia, sexism, hate speech, discrimination, human trafficking, organized crime, illegal organizations, self-harm, suicide, torture, cruelty to animals, as well as apologizing for war crimes, sexual exploitation of children and/or adults, cults;

e. Offer, sell, buy and/or transfer Articles in violation of the intellectual property rights of third parties, such as registered trademarks;

f. Use, (in particular share and/or publish) programs and/or computer files that contain viruses, or that may (i) disrupt the normal functioning of the Website and/or Services, (ii) endanger Users' computers and, therefore, lead to losses to the User or their property or (iii) prevent the User to use the Site, the Services or the User's computer;

g. Gift, share or otherwise way to promote links to other websites or companies that provide services similar to those offered by the Site, nor to websites or companies whose content or activity is illegal or contrary to our policies;

h. Data mining, copy screen (“screen scrape”) or “crawling” of any part of the Site;

i. Disassemble, decompile or make “reverse engineering” actions of any part of the Site;

j. Adapt, copy, vary, edit, distribute or sell any content on the Site without consent prior written notice from THINGLE.

8.3. By using the Site, the User assumes that:

a. Is an individual who is at least 18 years of age – otherwise, your father, mother or legal guardian must register in their place and supervise the use of the Website by the minor -, and who has full ability to carry out Transactions on the Site;

b. You understand that you are fully responsible, in compliance with these Terms and applicable law, for fulfilling its obligations in accordance with the contract concluded between the Buyer and Seller;

c. You understand that by ordering an Item, you agree to purchase that Item, and that failure to carry out this Transaction may oblige you to reimburse losses suffered by the Seller, in accordance with the law;

d. You understand that by accepting the price or to counter-propose another, he must do so in good faith, under penalty of having to compensate the losses suffered by the Seller resulting from legitimate expectations, under the terms of the law.

9. PROTECTION OF PERSONAL DATA

The Privacy, available at [link], describes the Users' personal data collected by THINGLE and the purposes for which it processes such data.

10. INTELLECTUAL PROPERTY RIGHTS

A THINGLE, well as THINGLE's licensors, retain all rights, in particular those intellectual property rights relating to the Website, i.e. in particular the your system – the algorithms, etc. -, the layout and design of the Site, the software used by and for the Site, trademarks, domain names used by and for the Site and the contents authored by you.

It is not permitted to display, reproduce, distribute, modify, transmit or use the contents in any way, for any public or commercial purpose without the prior and express written consent of THINGLE.

These restrictions do not apply to the "Share" that exists on the Website and allows Users to share public information available on the Site, on THINGLE Social Media Accounts or your own social media accounts social media, as well as sending such information to themselves or others by mail electronic.

When transferring contents for the Site, the User automatically grants THINGLE the rights and exclusive ownership over these same contents, agreeing to its free and unequivocal use. Users are exclusively responsible for the contents they transfer and confirm that they hold all rights over them.

11. DISPUTE RESOLUTION & TERMINATION

These Terms are governed by Portuguese Law, regardless of residence or nationality of Users.

In case of conflict, THINGLE encourages Users to contact THINGLE first, to find an amicable solution.

Case the subject is not resolved, or the User is dissatisfied with the result, this may use alternative means of dispute resolution, such as mediation existing consumer in Portuguese territory. THINGLE does not undertake, nor is it obligated to use such methods to resolve disputes with Users. Alternatively, the User can appeal to the Courts Courts in Portuguese territory.

The User You can terminate your connection to THINGLE at any time with immediate effect, but will have to comply with all its obligations that resulted from the Transactions that this was done before the end of his connection with THINGLE. The User can terminate your relationship with THINGLE by canceling your Account or sending a email to info@thingle.io. 

12. CONTACTS

All notifications, inquiries, requests and other information exchanged between the User and THINGLE will be sent via the Contact Form, available at [link], or by email info@thingle.io, and to the User via email, to the address email address provided when registering on the Site.