Last updated on June 2022.
Welcome to CIRKLA DC, by using our Services and Website, you agree to be fully bound by these conditions. If you do not agree, please do not access, browse or use the Website.
By accepting these Terms of Use, the User states:Every time you use a CIRKLA DC Service or contact us from your computer or mobile device, you will be communicating electronically with us. We will contact you electronically by various means, such as by email, text messages (SMS), notifications within applications, or by posting messages or email communications on the website.
For the purposes of this contract, you accept that all contracts, notices and other notifications and communications that we send you by electronic means satisfy any requirement in writing, unless any mandatory applicable legislation requires a different form of communication.
a) Owner of the service.
The data controller and owner of this website is CIRKLA DC, SL (hereinafter CIRKLA DC) with registered office at Cornella del Llobregat, registered in the Mercantile Registry of Barcelona (Spain) and provided with tax registry B-02815108
Registered office: c/Albert Einstein 43 08940 Cornella Del Llobregat, Barcelona, Spain. Email: contact@cirkla.tech
CIRKLA DC reserves the right to modify the configuration and contents of the Website, as well as to totally or partially modify its Terms and Conditions and the way in which they are displayed. The modifications will come into effect from the moment of their publication.
If you have any questions or comments about CIRKLA DC's conditions of use, you can contact us by email contact@cirkla.tech.
b) Need for registration.
In order to use the Service, it is necessary to register the User beforehand, to have a valid payment method associated with said account, and to accept these Terms of Use and the Privacy and Cookies Policy.
If there is a problem making a charge on the payment method you have selected, we can make the charge in any other valid payment method that is associated with your account. The data entered by the User must be exact, current and truthful. When you use the CIRKLA DC Services, you are responsible for maintaining the confidentiality of your account data and your password, as well as for restricting access to your computer and devices, thus assuming any damages that may arise from their improper use. , as well as the transfer, disclosure or loss of it, and you must immediately inform CIRKLA DC if you have reason to believe that your password has been used in an unauthorized manner or is likely to be so. In any case, access to restricted areas and / or the use of the Service made under the password of a registered User will be deemed to have been made by said User, who will be responsible in any case for said access and use.
By accepting the Terms of Use, the User consents that their data become part of the CIRKLA DC file and the treatment of these data will be in accordance with the provisions of the Privacy Policy.
c) Rules for using the service.
The User undertakes to use the Service in accordance with the provisions of the law, morality, public order and these Terms of Use. Likewise, they undertake to make proper use of the Service and not to use it to carry out illegal or criminal activities. , that violate the rights of third parties or that violate any rule of the legal system.
CIRKLA DC's trademarks or commercial image may not be used in relation to any product or service that doesn’t belong to CIRKLA DC, or in any way that is likely to cause confusion among users or that could disparage or discredit CIRKLA DC. All other trademarks that are not owned by CIRKLA DC and that appear included or are available through the CIRKLA DC Services, belong to their respective owners, who may or may not be affiliated or related in any way with CIRKLA DC, or sponsored by CIRKLA DC.
The User agrees not to transmit, introduce, disseminate and make available to third parties any type of material and information (products, objects, data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these Terms of Use. By way of example and in no way limiting or excluding, the User agrees to:
I. Not to publish, offer or upload content or elements in inappropriate categories or areas of our sites; CIRKLA DC validates any product or service posted on the site and reserves the right to remove any inappropriate posting.
II. It is not allowed to publish the same product or service multiple times. Offers are validated by CIRKLA DC based on the acceptable price. In case of reasonable doubt, it will always be subject to the validation of CIRKLA DC.
III. Do not post false, inaccurate, misleading, defamatory or libelous content.
IV. Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, of apology for terrorism or that violates human rights.
V. Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.
VI. Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.
VII. Not to transmit unsolicited or authorized advertising, publicity material, "junk mail", "chain letters", "pyramid structures", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively conceived for it.
VIII. Not to introduce or disseminate any false, misleading, ambiguous or inaccurate information and content in a way that induces or may mislead the recipients of the information.
IX. Not to impersonate other Users of the Service or transmit account access data or password to a third part without the consent of CIRKLA DC.
X. Not to disseminate, transmit or make available to third parties any type of information, element or content without the authorization of the holders of the intellectual and industrial property rights that may fall on such information, element or content.
XI. Not to disseminate, transmit or make available to third parties any type of information, element or content that implies a violation of the secrecy of communications and the legislation of personal data.
XII. Not to disseminate, transmit or make available to third parties photographs or any representation or image of minors.
XIII. Infringe the copyright, trademark, patent, publicity, moral, database and / or other intellectual property rights, which belong to or are licensed. Some, but not all, of the actions that may constitute an infringement are the reproduction, performance, exhibition, distribution, copying, reverse engineering or preparation of derivative works of the content that belongs to CIRKLA DC or another person;
The User undertakes to hold CIRKLA DC harmless from any possible claim, fine, penalty or sanction that it may be obliged to bear as a result of the User's breach of any of the aforementioned rules of use, CIRKLA DC also reserves the Right to request compensation for damages that corresponds.
We reserve the right to deny access to the service, to cancel any accounts and to delete or modify any content in the event that the user breaches the applicable legislation, these Conditions of Use or any other applicable terms and conditions or policies. In the event that a profile is deactivated due to a breach of the rules of coexistence or of the established conditions of use, the User will receive a notification at the email address associated with the deactivated profile and it will be the User's responsibility to cancel their subscription.
d) Opinions, comments, communications and other contentUsers may publish their opinions and comments as well as publish other content, send communications, suggestions, ideas, comments, questions or other information, provided that their content is not illegal, obscene, abusive, constitutes an assumption of threat or defamation, or invades the privacy of third parties, infringes intellectual property rights or in any other way is offensive to third parties or objectionable, nor does it consist of or contain computer viruses, political propaganda or advertising content, chain mail, mass mailing or constitute any another type of "spam".
The use of false email addresses, or impersonating the identity of another person or entity, or falsifying in any other way the origin of any other content is not allowed. We reserve the right (without however, and in the absence of a valid Notice Form, being obliged to do so) to remove or modify any content. If you consider that any content of the CIRKLA DC Services or any material whose sale was advertised therein includes any defamatory statement, or if you understand that your intellectual property rights are being infringed by any element or information available on the CIRKLA DC Services, please let us know this circumstance through email contact@cirkla.tech, to which we will respond.
If you post opinions, comments, questions or answers, or other content prepared by you to publish it on the website (including images, videos or audio, together, the “content”) you grant us:
(a) a non-exclusive and free license to use, reproduce, publish, make available, translate and modify your content around the world (including the right to sublicense those rights to third parties);
(b) the right to use the name provided by you in relation to such content. This provision does not imply the transfer of any moral right.
You declare and guarantee to be the owner or in any other way control all the rights over the content that you may publish, stating and also guaranteeing that on the date of the submission of said content: (i) said content and material is accurate; and that (ii) the use of said content or material will not imply any breach of the applicable policies or guidelines of CIRKLA DC, nor will it entail any harm to any person or entity (also guaranteeing that the content or material in question is not defamatory in nature).
e) Product description and informationIt is the seller's obligation to provide a complete and accurate description of the product, including real images of the product in the advertisement. Ads will not be accepted if at least one (1) real image of the product is not provided. Disagreement between the description announced by the seller on the platform and the actual status of the product will be attributable to the seller, exonerating CIRKLA from all liability, as detailed in the section “Our responsibility”.
The seller should always act in best faith in providing accurate information about the product.
We remind users that the CIRKLA platform operates internationally, so electrical products may have a voltage and frequency depending on their country of origin. Cirkla is not responsible in any way for this information and classification. We put at your disposal the information of the Electricity Network by country in the following link:https://en.wikipedia.org/wiki/Mains_electricity_by_country Bear in mind that although there are countries that use the same plug, they may have different voltage, electrical frequency, or maximum intensity allowed by the socket depending on the country. Therefore, in addition to the plug that is used, it is necessary to check that the voltage, the electrical frequency and the maximum intensity of the socket is compatible with the electrical device that you want to plug in.
All figures shown on CO2e, Water and Tree savings are approximate and based on publicly available information and wider research. Figures are intended to be an indication of potential climate impacts.
f) ResponsibilityCIRKLA DC acts as a broker, offering and selling the products of external vendors on its platform. However, despite CIRKLA DC may be technically a buyer and seller of the products offered on the platform, this will be just a transactional and tenmporary action to make the trasnaction for both real sellers and real buyers easier, but in no case CIRKLA DC will be the origional owner of any of the items for sale or sold through its platform. CIRKLA DC simply provides a space where buyers and sellers can negotiate and carry out their transactions, with CIRKLA DC acting as agent with a transactional function. Consequently, the corresponding contract that is generated once the purchase of any product sold by an external seller has been made, concerns solely and exclusively the buyer and the seller of said product. CIRKLA DC will in no case be liable for the state of the goods or potential liabilities involved as per the state of the equipment, but CIRKLA DC will be only responsible and liable for its transactional functions only. The transactions will be carried out as follows: at the moment of acceptance of the offer, the invoice will be automatically generated and, therefore, the corresponding obligation to pay the same. In this way, CIRKLA DC invoices the customer including the accepted corresponding sales commission for CIRKLA DC (described in the "Payments" point) and, subsequently, the seller invoices CIRKLA.
The seller is responsible for the sale of its products, as well as offering assistance regarding the buyer's claims, or with respect to any matter related to said contract between the buyer and seller. By way of example, and in no way limiting, CIRKLA DC will not be liable for: (i) any losses that were not attributable to any breach on its part, (ii) business losses (including lost profits, income, contracts, or anticipated savings, data, loss of goodwill or unnecessary expenses incurred), (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the user had started to use the CIRKLA Services DC, (iv) lack of legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of the products, (v) the contents, information, opinions and statements of any User or third parties or entities that communicate or display through the Service (includes sending images through chat), (vi) the performance of acts of unfair competition and illegal advertising.
Nor shall CIRKLA DC be responsible for any delay or failure to comply with our obligations arising from these conditions if such delay or failure to comply is attributable to circumstances beyond our reasonable control. In this regard, we will act with professional diligence when offering you our Products and services and maintaining a safe and error-free environment.
In the case of acting as a seller, you accept all responsibility for the legality of your acts under the legislation that may be applicable to you, as well as for the legality of the articles that you advertise on any of our website.
Although we use techniques which purpose is to verify the accuracy and veracity of the information provided by our users about their identification, CIRKLA cannot, nor does it confirm, nor does it assume any responsibility for guaranteeing the accuracy or veracity of the supposed identities of the users or the validity of the information provided to us or published on our website.
The products are sold under Caveat Emptor: the product is sold “as-is” and therefore, the buyer is responsible to request and retrieve the necessary added information to verify and validate the data that, in good faith, the seller and CIRKLA has provided about the product.
Via email contact@cirkla.tech upon request and on the occasion of the transaction, you will be able to receive the information necessary for the management of the transactions, in particular, the contact information of the other user participating in a transaction.
The laws of some countries may not allow some or all of the limits of liability provided above. In the event that said legislation is applicable, some or all of said limits may not be applicable in the case in which they could confer additional rights to those provided herein.
If you are a buyer, we strongly recommend to contract the shipping and surveyor service described in the section "Shipping and surveyor service", to ensure the condition of the product delivered. If not, you will expose yourself to some risks associated to the potential state of the products not matching its description. In any case CIRKLA DC will be not liable for any of such situations.
g) CommitmentBy this contract, either seller and/or buyer commit to trade the product exclusive with CIRKLA. If CIRKLA may introduce seller and buyer to exchange detailed information about the product to trade, in no case will allow buyer and seller to negotiating directly bypassing CIRKLA. If buyer and seller or subsidiaries or appointed companies bypass CIRKLA for products listed on the platform, buyer and seller will have to indemnify for those loses of profits, incurred costs and compensation for breach of contracts.
In the case that the Seller wishes to withdraw from a transaction after it has already commenced (i.e when Buyer has confirmed its decision on buying or placed an Order for such goods and the Seller has not previously informed that the products are not available any more), this may be considered a breach of contract by the Seller and the Seller may be liable for a 10% indemnity in favor of CIRKLA on the value of the products which were to be sold. Therefore in order to avoid potential penalties to the Seller, it is IMPORTANT that the Seller informs CIRKLA immediately about any products which might not be available for sale any longer in order to de-list them from CIRKLA´s marketplace.
If there is a change in the dimensions or weight of the equipment and the transportation cost has already been provided to the buyer and has already been paid, the seller will assume the 50% of the transportation cost and the buyer the other 50%.
h) Contents and services linked through the ServiceAdditionally, The Service may include technical link devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, "Linked Sites"). The User acknowledges and accepts that access to the Linked Sites will be at their sole risk and responsibility and exonerates CIRKLA DC from any responsibility for eventual infringements of the intellectual or industrial property rights of the owners of the Linked Sites. Likewise, the User exonerates CIRKLA DC from any responsibility regarding the technical availability of the linked website pages, the quality, reliability, accuracy and / or veracity of the services, information, elements and / or contents that the User may access.
In these cases, CIRKLA DC will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he or she may notify CIRKLA DC, without this communication entailing the obligation to remove the corresponding link.
In no case, the existence of Linked Sites must presuppose the formalization of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of CIRKLA DC with the statements, content or services provided.
i) Industrial and Intellectual Property.CIRKLA DC is committed to the intellectual and industrial property rights of third parties. CIRKLA DC's Terms of Service do not allow you to post content that violates someone else's intellectual property rights, including copyright and trademark rights. The set of all the content hosted or made available through any CIRKLA DC Service is the exclusive property of CIRKLA DC, and is protected by current legislation on industrial and intellectual property and database rights.
We prohibit the reproduction, distribution, public communication and transformation of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of Terms and Conditions
j) Publication of advertisements.The User who wishes to offer a product for sale must bear in mind that by publishing his ad he is issuing a sale offer, which will be binding as soon as it is accepted by another User.
For its part, the User interested in acquiring a product must bear in mind that when he undertakes to buy an item, for an established price, he is signing a legally binding sale contract with another User.
CIRKLA DC validates any product or service posted on the site and reserves the right to remove any inappropriate posting.
Regarding the Offers, the Buyer will offer a Price and CIRKLA DC will accept the Average Price accepted by the seller when offering the product.
k) Price, payment methods and security.The offers are validated by CIRKLA DC according to the acceptable price marked by the seller. In case of reasonable doubt, it will always be subject to the validation of the selling part.
The published Prices include the commission from the platform's Marketplace. This commission will vary according to the price of the product:
- 25% on the sale of products under $ 20,000. We remember that the minimum accepted value is $ 500.
- 25% on the sale of products from $ 20,000 to $ 70,000.
- 20% for products over $ 70,000.
For the payment, the price will include the Shipping cost and surveyor service in case of contracting the services.The accepted payment methods are PAYPAL, VISA or LETTER OF CREDIT (irrevocable), although in the latter case the expenses generated as a result of the use of said method will be charged.
Learn more about paying with PayPal at https://www.paypal.com/re/webapps/mpp/paypal-safety-and-security.
However, any claim or controversy that may arise in relation to the payment services available on the platform must be managed through our customer service.In any case, users are informed that CIRKLA does not assume any responsibility regarding the payment of the products.
In the case of agreeing on an escrow account, the seller and the buyer must reach an agreement, exempting CIRKLA from all responsibility regarding said account.If you choose as payment method the irrevocable Letter of Credit (L/C) issued by an international and recognized bank, the L/C will include the following conditions:
Detailed invoice of the goods.
Goods collection document duly signed and stamped by the selected transportation company.Independent surveyor certificate confirming that goods collected match the invoice payable (product, brand, model, serial number, brief condition description…).
L/C payable at sight in favor of CIRKLA against delivery of documents above mentioned.
l) Shipping and surveyor service.At CIRKLA DC we can manage the goods shipping on behalf of the buyer, whom by default is the responsible for such. CIRKLA offers its Users a transportation and logistic service at the best price, for the delivery of the products purchased through its platform.
Shipping costs are always indicated separately, so that the buyer can see the exact amount you will pay for the delivery before proceeding with payment and shipping. Once you accept the payment and shipping, the shipping price will be added to the final price of the product that you will pay. This price will include as well all associated costs with customs clearance and applicable taxes.
The shipping and delivery times provided by CIKLA DC are provided for informational purposes only and are not binding.
The responsibility for proper logistics and transportation is on the buyer side.
All products are sold Ex-Works from the seller’s location. Therefore, responsibility is on the buyer side covering any liabilities related to loading and transportation of the purchased goods.
The Buyer is responsible for providing the exact delivery address for the items.
m) Surveyor ServiceIn order to guarantee that the product purchased conforms to the product offered, CIRKLA provides the user with a surveyor service, by means of which a certified independent will verify through the issuance of the mandatory report that the product purchased to be shipped is in accordance with the description and specifications of the advertisement, and that it is correctly packaged.
The costs of the Surveyor Service are always indicated separately, so the buyer can see the exact amount you will pay for the certification issued by the service. Once you accept payment, the surveyor price will be added to the final price of the order.
n) Nullity and ineffectiveness of the clausesIf any clause included in these Terms of Use is declared totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, the present Terms of Use subsisting in all the rest, considering such provision totally or partially as not included
o) Applicable legislation and competent jurisdiction.These Terms of Use will be governed and interpreted in accordance with Spanish law will govern these Conditions and any claim (regardless of the provisions relating to conflicts of law). In the event of a dispute between CIRKLA DC and the User, the User may file his action before the Courts of Barcelona (Spain) corresponding to the domicile of CIRKLA DC.
In the case of a sale carried out by a company that acts within the framework of its business or commercial activity, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona (Spain).
In compliance with the provisions of the Alternative Dispute Resolution Law, we inform consumers that users can access the European Union's online dispute resolution platform by following this link:https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Read these conditions of sale carefully; By placing your order at CIRKLA, you agree to be bound by them. These Conditions of Sale apply to the sale of products by CIRKLA DC, SL, being also subject to the general terms and conditions and the particular conditions applicable to said service (the "General Conditions"). These General Conditions will prevail over these Conditions of Sale in case of discrepancy between the two.
The terms and conditions of the sale apply to online offers, acceptance and / or sales contracts made and / or signed by any individual or legal entity (hereinafter the "Buyer") with access, for professional reasons or not, in your name and on your behalf, or in the name or on the account of another individual or entity, published on the website.
There is no product warranty related to any of the products sold on our platform. Therefore neither the seller nor CIRKLA have any responsibility on these topics unless the product might be covered by a universal warranty document provided by the original equipment manufacturer (manufacturers warranty).
a) Formalization of the order.When you place your order, we will send you a message confirming receipt of it. This message can be sent to the email account linked to your account or found in the Messaging Service of the website.
If you have chosen the CIRKLA shipping and surveyor service, the costs of these services are always indicated separately, so that you can see the exact amount you will pay for each service. Once payment and shipment have been accepted, the price of the shipping and surveyor service will be added to the final price of the order. You agree to receive invoices for your purchases electronically. Electronic invoices will be provided to the email linked to your account in PDF format. Likewise, you can obtain a copy of your paper invoice by contacting us free of charge by e-mail through the following email: contact@cirkla.tech
b) Legal right of withdrawal.Unless otherwise stated, the consumer could annul the contract concluded, thus notifying the seller within a maximum period of 5 working days, although a possible refund or compensation may be conditioned to the acceptance by the Seller.
If you are not satisfied with the purchase, you can contact CIRKLA at the next email in order to seek some compensation with the seller: contact@cirkla.tech. In any case, the buyer will always have to bear the direct costs of the return of said goods; and the buyer will be responsible for the decrease in the value of the returned goods due to the manipulation of the articles (except when such manipulation is necessary to find out the nature, characteristics and operation of the articles), although all this must be accepted by the seller in all cases and CIRKLA DC will not be liable nor responsible for any of these claims or indemnity of any kind.CIRKLA does not assume, in any case, the ownership of the returned product.
c) Product information and description.CIRKLA is neither the owner nor the manufacturer of the products sold on its website. Therefore, despite the fact that we review the advertisements that are published, ensuring that the information that appears on our website is correct, it may happen that the packaging or materials of the products contain additional or different information than that which appears on the platform .
It is the seller's obligation to provide a complete and accurate description of the product, including real images of the product in the advertisement. Ads will not be accepted if at least one (1) real image of the product is not provided. Disagreement between the description announced by the seller on the platform and the actual status of the product will be attributable to the seller, exonerating CIRKLA from all liability, as detailed in the section “Our responsibility”.
We remind users that the CIRKLA platform operates internationally, so electrical products may have a voltage and frequency depending on their country of origin. Cirkla is not responsible in any way for this information and classification. We put at your disposal the information of the Electricity Network by country at the following link: https://en.wikipedia.org/wiki/Mains_electricity_by_country
Bear in mind that although there are countries that use the same plug, they may have different voltage, electrical frequency, or maximum intensity allowed by the socket depending on the country. Therefore, in addition to the plug that is used, it is necessary to check that the voltage, the electrical frequency and the maximum intensity of the socket is compatible with the electrical device that you want to plug in.
d) Return policy CIRKLA.Regardless of the right of withdrawal described above, the seller can accept returns of his products, within the period established by him and provided that the description of the product in the original advertisement differs tangibly and demonstrably with the reality of the state of the product. To this end, the following requirements must be met:
- Do not show any additional damage or signs of use to the product. If there is any defect, such as breaks, stains or it is detected that the item was used, the return will not be accepted.
- Keep the original packaging to make any claim.
- The buyer must provide evidence such as images of the product with quality, clips, and any others deemed appropriate, which prove that the product does not conform to the description.
The following products are excluded from our return policy: If the reason for the return of the product is not because it arrived damaged, was defective or was incorrect, we will not refund the amount of the gift wrapping, shipping costs or any other service related to your order; We will only refund the amount of the product. This return policy does not affect your legal rights as a customer. Our CIRKLA return policy, and it is a complementary service and does not replace any legal guarantee in accordance with the provisions of the consumer and user protection legislation and applicable regulations. Regardless of the applicability of the Warranty to the customer, consumers may exercise their rights against the seller in accordance with the legal product warranty.
In any case we reiterate that any returns and/or claims will be only depending on the Seller´s willingness to accept such, as CIRKLA DC will be not liable in no case.
e) Contact the sellerYou can contact the seller through CIRKLA means only, regarding the products sold through the platform. Via email contact@cirkla.techUpon request and on the occasion of the transaction, you will be able to receive the information necessary for the management of the transactions, in particular, the contact information of the other user participating in a transaction.
Although we use techniques which purpose is to verify the accuracy and veracity of the information provided by our users about their identification, CIRKLA cannot, nor does it confirm, nor does it assume any responsibility for guaranteeing the accuracy or veracity of the supposed identities of the users or the validity of the information provided to us or published on our website.
f) Our responsibilityCIRKLA DC acts as a broker, offering and selling the products of external vendors on its platform. However, despite CIRKLA DC may be technically a buyer and seller of the products offered on the platform, this will be just a transactional and tenmporary action to make the transaction for both real sellers and real buyers easier, but in no case CIRKLA DC will be the original owner of any of the items for sale or sold through its platform. CIRKLA DC simply provides a space where buyers and sellers can negotiate and carry out their transactions, with CIRKLA DC acting as agent with a transactional function. Consequently, the corresponding contract that is generated once the purchase of any product sold by an external seller has been made, concerns solely and exclusively the buyer and the seller of said product. CIRKLA DC will in no case be liable for the state of the goods or potential liabilities involved as per the state of the equipment, but CIRKLA DC will be only responsible and liable for its transactional functions only.
The transactions will be carried out as follows: at the moment of acceptance of the offer, the invoice will be automatically generated and, therefore, the corresponding obligation to pay the same. In this way, CIRKLA DC invoices the customer including the accepted corresponding sales commission for CIRKLA DC (described in the "Payments" point) and, subsequently, the seller invoices CIRKLA. The seller is responsible for the sale of its products, as well as offering assistance regarding the buyer's claims, or with respect to any matter related to said contract between the buyer and seller.
By way of example, and in no way limiting, CIRKLA DC will not be liable for: (i) any losses that were not attributable to any breach on its part, (ii) business losses (including lost profits, income, contracts, or anticipated savings, data, loss of goodwill or unnecessary expenses incurred), (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the user had started to use the CIRKLA Services DC, (iv) lack of legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of the products, (v) the contents, information, opinions and statements of any User or third parties or entities that communicate or display through the Service (includes sending images through chat), (vi) the performance of acts of unfair competition and illegal advertising.
Nor shall CIRKLA DC be responsible for any delay or failure to comply with our obligations arising from these conditions if such delay or failure to comply is attributable to circumstances beyond our reasonable control. In this regard, we will act with professional diligence when offering you our Products and services and maintaining a safe and error-free environment.In the case of acting as a seller, you accept all responsibility for the legality of your acts under the legislation that may be applicable to you, as well as for the legality of the articles that you advertise on any of our website.
Although we use techniques which purpose is to verify the accuracy and veracity of the information provided by our users about their identification, CIRKLA cannot, nor does it confirm, nor does it assume any responsibility for guaranteeing the accuracy or veracity of the supposed identities of the users or the validity of the information provided to us or published on our website. Via email contact@cirkla.tech upon request and on the occasion of the transaction, you will be able to receive the information necessary for the management of the transactions, in particular, the contact information of the other user participating in a transaction.
The laws of some countries may not allow some or all of the limits of liability provided above. In the event that said legislation is applicable, some or all of said limits may not be applicable in the case in which they could confer additional rights to those provided herein. If you are a buyer, we strongly recommend to contract the shipping and surveyor service described in the section "Shipping and surveyor service", to ensure the condition of the product delivered. If not, you will expose yourself to some risks associated to the potential state of the products not matching its description. In any case CIRKLA DC will be not liable for any of such situations.
g) CommitmentBy this contract, either seller and/or buyer commit to trade the product exclusive with CIRKLA. If CIRKLA may introduce seller and buyer to exchange detailed information about the product to trade, in no case will allow buyer and seller to negotiating directly bypassing CIRKLA. If buyer and seller or subsidiaries or appointed companies, buyer and seller will have to indemnify for those loses of profits, incurred costs and compensation for bridge of contracts.
In the case that the Seller wishes to withdraw from a transaction after it has already commenced (i.e when Buyer has confirmed its decision on buying or placed an Order for such goods and the Seller has not previously informed that the products are not available any more), this may be considered a breach of contract by the Seller and the Seller may be liable for a 10% indemnity in favor of CIRKLA on the value of the products which were to be sold. Therefore in order to avoid potential penalties to the Seller, it is IMPORTANT that the Seller informs CIRKLA immediately about any products which might not be available for sale any longer in order to de-list them from CIRKLA´s marketplace.
If there is a change in the dimensions or weight of the equipment and the transportation cost has already been provided to the buyer and has already been paid, the seller will assume the 50% of the transportation cost and the buyer the other 50%.
h) Price, payment methods and security.The offers are validated by CIRKLA DC according to the acceptable price marked by the seller. In case of reasonable doubt, it will always be subject to the validation of the selling part.
The published Prices include the commission from the platform's Marketplace. This commission will vary according to the price of the product:
- 25% on the sale of products under $ 20,000. We remember that the minimum accepted value is $ 500.
- 25% on the sale of products from $ 20,000 to $ 70,000.
- 20% for products over $ 70,000.
For the payment, the price will include the Shipping cost and surveyor service in case of contracting the services.
The accepted payment methods are PAYPAL, VISA or LETTER OF CREDIT (irrevocable), although in the latter case the expenses generated as a result of the use of said method will be charged.Learn more about paying with PayPal at https://www.paypal.com/re/webapps/mpp/paypal-safety-and-security.However, any claim or controversy that may arise in relation to the payment services available on the platform must be managed through our customer service.In any case, users are informed that CIRKLA does not assume any responsibility regarding the payment of the products.
In the case of agreeing on an escrow account, the seller and the buyer must reach an agreement, exempting CIRKLA from all responsibility regarding said account.
If you choose as payment method the irrevocable Letter of Credit (L/C) issued by an international and recognized bank, the L/C will include the following conditions:
Detailed invoice of the goods.
Goods collection document duly signed and stamped by the selected transportation company.Independent surveyor certificate confirming that goods collected match the invoice payable (product, brand, model, serial number, brief condition description…).
L/C payable at sight in favor of CIRKLA against delivery of documents above mentioned.
