Terms and Conditions
I. GENERAL CONDITIONS
1.1.
Users of the services offered in modelcars118.com can be any individual or legal persons. Business operations through the site can perform: individuals aged at least 18 years and who are capable of entering into legally binding agreements; organizations that are not legal entities but are able to acquire rights on their own behalf and to assume obligations.
1.2.
Individuals wishing to register should complete the registration form containing: username, password, first name, last name, date of birth, email address, street and number, city, ZIP and country. Individuals who use modelcars118.com within their business, are obliged to give also a trade name under which they exercise their business. By filling in the above data the User gives explicit permission for collection, processing, storing and transferring data from modelcars118.com or a third party in accordance with applicable law.
1.3.
If the User data of the registered User are changed, he must immediately update them.
1.4.
The User may not use the accounts of other Users or provide his account to others, except in cases the business account is given to persons authorized by the User to act on his behalf. The User must keep his password secret. Profiles may not be transferred.
II. PUBLICATION OF OFFER AND AGREEMENT BETWEEN USERS ON PURCHASE-SALE OF AN ITEM
2.1.
modelcars118.com, acting as Service Provider operator, enables Users to post Offers and enter into agreements for purchase-sale of Items under the terms and conditions here. For this purpose modelcars118.com provides the appropriate system tools to be used by the Users. The Service Provider is not a party in the transactions between the Users and does not ensure that the Users offering Items and the Buyers are active persons who may enter into and execute agreements for the sale of goods. The Service Provider is not an intermediary and is not responsible for the conclusion or execution of agreements between Users.
2.2.
Prices offered by the Seller and other conditions of the Offer are public information available to anyone who visits modelcars118.com.
III. PROHIBITED ITEMS
3.1.
Goods, services or rights, the sale of which violates any applicable laws or third party rights (especially copyright or other rights related to intellectual property) and which Offer for sale may be considered contrary to morality, can not be subject of the Offers in modelcars118.com.
3.2.
Regardless of the condition stated in paragraph 3.1. it is prohibited to publish Offers and to purchase-sale goods that are considered prohibited under this Agreement. The list of prohibited Items is presented in Appendix 1 to this agreement.
3.3.
Items listed in this section may not be offered as a gift along with other Items.
IV. PUBLICATION OF THE OFFER
4.1.
The Seller must make an Offer for an Item he wants to offer for sale in modelcars118.com. For this purpose, the Seller must complete an application form for sale in modelcars118.com.
4.2.
By offering the Item for sale, the Seller acknowledges that he has authority to conclude and implement an agreement for sale of the Item.
4.3.
One User can not publish more than one Offer for the same Items simultaneously (offering one Item or several Items together).
4.4.
The Item descriptions must be accurate and complete and can not mislead other Users, especially in regard to the characteristics of the product as its quality, origin, brand or manufacturer. The User is fully responsible for the content that he publishes in the Offer, and in particular for any errors or inaccuracies in this description in the Offer and of the Item. In cases when the descriptions of the Offer and Item are in a foreign language, whatever it is, the Buyer acknowledges that he understood all terms relating to the sale of the Item. The Service Provider shall not liable, regardless of the language in which are the descriptions of the Offer and Item.
4.5.
The information contained in the descriptions of the Offer and Item may refer only to this Item.
4.6.
The Seller is bound by the contents of the descriptions of the Offer and Item. The Seller may not change the content of the description of the Offer and Item or make changes that constitute amendments to the terms and conditions of the transaction and at the same time constitute a change in the characteristics of the Item once the Buyer has confirmed the purchase of Items through the "Buy" option.
V. CONCLUSION OF A PURCHASE-SALE AGREEMENT
5.1.
The Buyer purchases an Item through the option "Buy". The usage of this option confirms the purchase of the Item by the Buyer under the conditions described in the Offer.
5.2.
At the moment the Buyer confirms the purchase of the Item, he agrees to have his data transferred to the Seller and the way of payment for this Item.
5.3.
The Offer may be withdrawn from the Seller.
5.4.
The Seller may ask the Buyer to pay the transport costs or costs associated with delivery of the Item that can be added to the price, including costs associated with the preparing of the Items for shipping. The Seller may not add any amounts increasing the price to be paid by the Buyer besides these costs.
VI. FINAL AGREEMENT
6.1.
The agreement for the purchase-sale of Items between the Seller and the Buyer shall be concluded the moment when the Buyer has confirmed (via the "Buy" option) the purchase of the Item in the Offer, which the Seller is informed automatically for. After concluding the agreement, the relationships between Users are governed by applicable law.
6.2.
If the validity of the agreement for purchase-sale of Items is subject to compliance with certain requirements of the law, such as: the agreement must be concluded in writing or in any other required form, the Buyer and Seller must agree on the conclusion of the agreement in the required form in a mutually acceptable time period.
6.3.
As soon as the Buyer has confirmed the purchase of the Item (via the "Buy" option), Buyer and Seller receive information about each other, which includes following details mentioned in their accounts: username, email, first name, last name and address.
VII. DUTIES OF PS-Tech
7.1.
The Service Provider is not responsible for the actions of Users using modelcars118.com or for inaccurate or incomplete execution of agreements concluded by them in connection with a published Offer and is not responsible for the consequences of acts violating the provisions taken by Users or third parties. In particular, the Service Provider is not responsible for the quality, safety and legality of selling Items, as well as for the truthfulness and accuracy of the information disclosed by Users, the ability of Sellers to sell Items and the ability of Buyers to pay them. The Service Provider is not responsible for whether the Users will actually implement the deal.
7.2.
The Service Provider does not check or confirm the validity of messages displayed on modelcars118.com, does not actively monitor the messages and is not responsible for their content. The Service Provider does not guarantee the accuracy, completeness or usefulness of any information. The User’s messages reflect the views of their authors and not necessarily the point of view of the Service Provider.
7.3.
The Service Provider has the right to remove objectionable content within a reasonable time if it decides that removal is necessary.
7.4.
The Service Provider does not check all the Offers and Items, but reserves the right to change the category of Items or remove them from modelcars118.com, which for the Seller shall immediately be informed.
7.5.
The Service Provider can remove an Offer, if it is violating the provisions of applicable law or creates a negative image of modelcars118.com. As a result of the Offer abolition all information relating to the Offer and Items cease to be displayed in modelcars118.com, by blocking any further action of Users in connection with it.
7.6.
The Service Provider can block an User account for a limited or unlimited period of time if User actions violate the provisions of the agreement, creating a negative image of the Service Provider or in any way prejudicial to the Service Provider. Despite the fact that the account has been blocked, the User is fully responsible for the actions causing the blocking of the account, and is above all responsible for damages to the Service Provider.
7.7.
In the case of blocking the account, the User can not benefit from any of the services offered by modelcars118.com. Immediately after blocking the account, all the User’s Offers are void.
7.8.
User whose account has been blocked, can not log back in modelcars118.com without the prior consent of the Service Provider. The Service Provider may refuse to register again an User whose account has been blocked in the past.
7.9.
The Service Provider reserves the right to show the User’s identity (or any information that is available for him) in the event of a complaint or legal action in connection with any information placed by him.
7.10.
The Service Provider reserves the right to store the IP-address of each User message to be used in case of need the User to be banned from participating in modelcars118.com or to contact his provider. This will happen only when there is a serious breach of this agreement.
VIII. FEES AND COMMISSIONS
8.1.
The services in modelcars118.com are free.
IX. OTHER USERS OBLIGATIONS
9.1.
All activities performed by modelcars118.com Users comply with applicable law and good morals.
9.2.
The User agrees to provide clean and accurate information and agrees that using modelcars118.com, he will not publish any material which is:
9.3.
User agrees to notify the Service Provider when detecting a message that would provoke objections.
9.4.
User bears full responsibility for the content of his messages and agrees to take care of the harmlessness of modelcars118.com, as well as of the sites related to modelcars118.com.
X. EVALUATION SYSTEM
10.1.
modelcars118.com includes a system where modelcars118.com Users can submit their subjective opinion to assess the behavior of Sellers and Buyers to the Offer and the performance of agreements for purchase-sale of Items.
10.2.
Evaluations left by Users can be positive, neutral or negative.
10.3.
The Buyer has the right to leave one evaluation for the Seller, as well as the Seller for the Buyer.
10.4.
The User has the right to leave negative or neutral evaluation only if he has attempted to contact the recipient of the evaluation in order to solve the problem.
10.5.
A User who has received a negative or neutral evaluation can answer the evaluation only once.
10.6.
The evaluation is intended always to a specific account and a specific Offer and deal.
10.7.
The content of evaluations and responses includes information that is available to all who visit the site modelcars118.com.
10.8.
The User is responsible for evaluations, comments and responses he leaves.
XI. PRIVACY
11.1.
Personal data given by Users are collected and processed by modelcars118.com in accordance with applicable law and policy to protect personal data.
11.2.
The User agrees not to disclose to third parties any information relating to other Users, which was obtained from modelcars118.com when using it, unless he has obtained prior consent from the User to whom it applies. Information obtained from modelcars118.com can be used by Users only for purposes related to the implementation of a transaction.
XII. CHANGES IN THE AGREEMENT WITH THE USER
12.1.
modelcars118.com may amend the User Agreement and publish a new version of the Agreement for services provided by modelcars118.com. Changes have effective from the date specified by modelcars118.com, which can not be less than 7 days from the time the amended User Agreement had been posted on the modelcars118.com site.
12.2.
Offers published by the entry into force of changes to the Agreement shall be governed by the terms of the Agreement prior to the amendment.
12.3.
Agreements for purchase-sale of Items, concluded on the basis of Offers made prior to the occurrence of changes, are governed by the terms of the Agreement prior to the amendment.
XIII. GOVERNING LAW
13.1.
The law applicable to the Agreement between the User and modelcars118.com, covering the services provided by the Service Provider in modelcars118.com under the terms and conditions set out here is the Bulgarian law. All disputes related to services provided by the Service Provider in modelcars118.com, shall be settled by the respective Bulgarian courts.
APPENDIXES
Appendix 1. List of prohibited Items
1. Items with pornographic content, especially materials depicting openly sexual behavior - actual or simulated sexual acts between persons of same or different sex, masturbation, sexual sadism or masochism, display of sexual organs, with the participation of persons under the age of 18 or those who appear under 18 years of age associated with the use of violence or involving animals.
2. Items containing invocation to spread hatred in relation to national, racial or ethnic differences or because of atheism.
3. Materials having content that violates the good name of others.
4. Music, movies, software and other goods that infringe copyrights and intellectual property rights.
5. Hazardous chemical substances in pure form, which endanger life, health or the environment (e.g. sulfuric acid, caroffere).
6. Psychotropic substances and narcotic drugs, particularly drugs and all other substances used for substitution, nevertheless the possession and trade of such substances and drugs is prohibited by law.
7. Explosives and pyrotechnic materials (including fireworks, rockets, etc.).
8. Alcoholic beverages.
9. Medical products.
10. Human and animal organs.
11. Live and dead species (and their parts and by-products) under current annexes A-D of Council Regulation (EC) № 338/97 of 09.12.1996 on the protection of wild fauna and flora by regulating trade.
12. Counterfeit items, i.e. Items or services that are marked in a way that may mislead customers as to their origin, quantity, quality, ingredients, production method, usefulness, applicability, repair, maintenance or other essential characteristics of items and services.
13. Shares in companies, shares, bonds and other securities, liabilities, equity in investment funds, insurance policies and products as well as all other financial instruments offered as a form of investment of funds, excluding hardcopies of securities, which have value to collectors.
14. Software under license "Not for sale", software being tested, free software, provisionally free software versions of software that is not supported.
15. Software containing viruses or other harmful components.
16. Software and services that allow the collection of information from computer Users without their knowledge.
17. Software for removing or installing locks of SIM cards of mobile phones as well as information, manuals and services related to removal or installation of such interlocks.
18. Software, devices and survices used to remove locks and passwords from PCs, laptops, auto radios etc.
19. Software, allowing the generation of e-mail addresses from web sites or sending a large amount of messages to Users of Internet services etc. which for the users have not explicitly stated their desire to obtain them.
20. Activation codes, CD-keys, license codes offered without the original media, to which they relate.
21. Instructions or addresses (links) and FTP servers that contain information or help to: a) create or acquire explosives, which violate any applicable law, and whose possession is prohibited; b) violate the provisions of applicable law.
22. Profiles for instant messages in Internet (for example, Gadu-Gadu, Tlen, Skype, Jabber, AQQ, ICQ).
23. Free profiles for electronic mail (e-mail addresses).
24. Settings for a profile in a free Internet platform or calls for usage of such services or for creation of profile there.
25. Profiles in programs to encourage regular customers and services related to such programs.
26. Car utilities (eg EPC, ETK, ETKA, TIS, ELSA, WIS, ETOS, SIP).
27. Personal data and lists of e-mail addresses.
28. Catalogs for mail order and direct sales, which are used to order goods except outdated catalogs collectibles.
29. Blank warranty cards (not filled in).
30. Cyfra+ and Wizja TV cards, subscription keys for the adoption of Canal+.
31. Master and Bachelor theses, diploma essays and other essays and reports of similar type as well as services related to the writing of such works.
32. Goods and services related to participation in the so-called financial pyramids, i.e. Financial structures formed on the basis of attracting new members, where the main or only source of income is the entry fee paid by them.
33. Investing Systems for the stock exchange and systems for numerical games and bookmaker betting and services related to assistance to join such games or gambling.
34. Fishing tools and devices, possession of which is restricted by law.
35. Arms and ammunition, possession of which requires the possession of the appropriate permit or registration and devices, firing gas, including pepper gas, nevertheless whether the possession and trade with them is limited by law.
36. Images of erotic nature or pornographic content, other than that described in paragraph 1., which are stored in digital format.
37. Registration cards and registration plates for vehicles, offered without the vehicles to which they relate.
38. Testers of perfumes (for testing perfume fragrances).
2. Items containing invocation to spread hatred in relation to national, racial or ethnic differences or because of atheism.
3. Materials having content that violates the good name of others.
4. Music, movies, software and other goods that infringe copyrights and intellectual property rights.
5. Hazardous chemical substances in pure form, which endanger life, health or the environment (e.g. sulfuric acid, caroffere).
6. Psychotropic substances and narcotic drugs, particularly drugs and all other substances used for substitution, nevertheless the possession and trade of such substances and drugs is prohibited by law.
7. Explosives and pyrotechnic materials (including fireworks, rockets, etc.).
8. Alcoholic beverages.
9. Medical products.
10. Human and animal organs.
11. Live and dead species (and their parts and by-products) under current annexes A-D of Council Regulation (EC) № 338/97 of 09.12.1996 on the protection of wild fauna and flora by regulating trade.
12. Counterfeit items, i.e. Items or services that are marked in a way that may mislead customers as to their origin, quantity, quality, ingredients, production method, usefulness, applicability, repair, maintenance or other essential characteristics of items and services.
13. Shares in companies, shares, bonds and other securities, liabilities, equity in investment funds, insurance policies and products as well as all other financial instruments offered as a form of investment of funds, excluding hardcopies of securities, which have value to collectors.
14. Software under license "Not for sale", software being tested, free software, provisionally free software versions of software that is not supported.
15. Software containing viruses or other harmful components.
16. Software and services that allow the collection of information from computer Users without their knowledge.
17. Software for removing or installing locks of SIM cards of mobile phones as well as information, manuals and services related to removal or installation of such interlocks.
18. Software, devices and survices used to remove locks and passwords from PCs, laptops, auto radios etc.
19. Software, allowing the generation of e-mail addresses from web sites or sending a large amount of messages to Users of Internet services etc. which for the users have not explicitly stated their desire to obtain them.
20. Activation codes, CD-keys, license codes offered without the original media, to which they relate.
21. Instructions or addresses (links) and FTP servers that contain information or help to: a) create or acquire explosives, which violate any applicable law, and whose possession is prohibited; b) violate the provisions of applicable law.
22. Profiles for instant messages in Internet (for example, Gadu-Gadu, Tlen, Skype, Jabber, AQQ, ICQ).
23. Free profiles for electronic mail (e-mail addresses).
24. Settings for a profile in a free Internet platform or calls for usage of such services or for creation of profile there.
25. Profiles in programs to encourage regular customers and services related to such programs.
26. Car utilities (eg EPC, ETK, ETKA, TIS, ELSA, WIS, ETOS, SIP).
27. Personal data and lists of e-mail addresses.
28. Catalogs for mail order and direct sales, which are used to order goods except outdated catalogs collectibles.
29. Blank warranty cards (not filled in).
30. Cyfra+ and Wizja TV cards, subscription keys for the adoption of Canal+.
31. Master and Bachelor theses, diploma essays and other essays and reports of similar type as well as services related to the writing of such works.
32. Goods and services related to participation in the so-called financial pyramids, i.e. Financial structures formed on the basis of attracting new members, where the main or only source of income is the entry fee paid by them.
33. Investing Systems for the stock exchange and systems for numerical games and bookmaker betting and services related to assistance to join such games or gambling.
34. Fishing tools and devices, possession of which is restricted by law.
35. Arms and ammunition, possession of which requires the possession of the appropriate permit or registration and devices, firing gas, including pepper gas, nevertheless whether the possession and trade with them is limited by law.
36. Images of erotic nature or pornographic content, other than that described in paragraph 1., which are stored in digital format.
37. Registration cards and registration plates for vehicles, offered without the vehicles to which they relate.
38. Testers of perfumes (for testing perfume fragrances).
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