1. Introduction This User Agreement, including all additional policies and terms published on our sites, (collectively called "Services") define the terms under which SIXTI offers you access and use of our Services. You agree to comply with all the terms pointed in this User Agreement when accessing or using our Services.
The company you are contracting is: regardless of the language used on the page and from where you are accessing to our services; SIXTI SOLUTIONS ESPAÑA, S.L.
In this User Agreement, this company is referred to as "we," "us," or "SIXTI."
Be advised that by accepting the terms and conditions of this user agreement you will only be allowed to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and, you will only be permitted to seek relief on an individual basis. If you do not agree with this, we request not to use our services.
2. SIXTI, our company. Who we are. Responsibilities.
SIXTI is a B2B sectorized marketplace that allows companies to buy, offer and sell used machinery, surplus materials from warehouses and overstock. Not solely limited to that, new materials, raw materials and machinery are offered in this platform as well by regular industry suppliers.
SIXTI is engaged to provide a safe and secure B2B platform, SIXTI has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item thus, SIXTI will not be responsible in any way for any inconvenience that any product sold in our platform may cause to the buyer´s company.
If you create or use an account on behalf of a company, you state that you are authorized to act on behalf of such business entity and bind the business to this User Agreement. Such account is owned and controlled by the company. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The actual contract for sale is directly between the seller company and buyer company. SIXTI is not part of the sale contract thus not responsible for damages caused by misunderstandings or non-compliance between the parties.
The platform operates within a national context, does not promote international business because we are not responsible for the paperworks related to international trade.
3. Using SIXTI. What not to do.
By accessing and using SIXTI’s Services you will not:
use our Services if you are not authorized to offer, to sell or buy on behalf of your company or if you are under 18 years old;
break or go around any laws, regulations or third-party rights;
fail to deliver items sold by you or fail to pay for items purchased by you;
manipulate the price of any item or data in description once a negotiation has started;
post false, inaccurate, misleading content;
replicate or commertialize listings published by other users;
collect information about users without their consent;
infringe any Intellectual Property Rights that belong to third parties or post content that does not belong to you;
not to provide complementary information not required by SIXTI to make the buyer be aware about the origin of your offered products;
infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to SIXTI. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to SIXTI or someone else.
If we believe you are using our services with a dishonest purpose, or abusing SIXTI and/or our Services in any way, we may in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account.
If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of SIXTI, you may be liable to pay a final value fee applicable to that item, even if the item does not sell.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone that is not making the correct use of our platform, at our discretion.
The acceptance of the terms of this user agreement authorizes us to bill for our services, without the need for any other authorization, to the company to you act for. This invoice will correspond to sales commissions or insertion fees linked to the listings published by you on SIXTI.
The fees we charge for using our Services are detailed on our Standard fees page. We may change our fees from time to time by posting the changes on the SIXTI site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
We don't allow our members to use SIXTI to contact each other to make offers to buy or sell items outside of SIXTI. Also, members can't use information obtained from SIXTI to contact each other about buying or selling outside of SIXTI.
Make sure you not to offer to buy or sell outside SIXTI otherwise you may be subject to a range of actions. We may limit, restrict, or suspend you from buying, selling, or using site features. All of your listings may be removed, displayed lower or not shown in search results, without refunding any or all applicable fees. You may be subject to the application of fees and recovery of our expenses in policy monitoring and enforcement.
Seller fees do not purchase exclusive rights to item exposure on SIXTI, whether on a web page or mobile app.
Sellers are liable for fees arising out of all sales made using some or all SIXTI Services, even if sales terms are finalized or payment is made outside of SIXTI.
5. Listing your Products in SIXTI
When listing an item for sale on SIXTI Services, you agree to comply with our policies and that:
the sales prices shown in listings are EXW and do not include VAT;
you are responsible for the accuracy and content of the listing and item offered;
to make sure you're giving potential buyers an accurate representation of your items, and that you're not infringing on anyone else's content rights, you should write your own descriptions and use your own images;
all listings on SIXTI have to offer a physical item;
all listings must provide a clear and accurate information about where their item is located;
all listings must be renewed monthly by the Seller as a way to confirm that the materials are still available for sale otherwise, in case of the materials were not available, the Seller will be responsible for the inconveniences or damages caused;
content that violates any of SIXTI's policies may be modified or deleted at our discretion;
we may revise product data associated with listings to remove, or correct information;
Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results;
listings with active content are not allowed because can create a poor experience by increasing page load times and introducing security risks;
to drive a positive user experience, you agree that we display your performance history to the other users and potential buyers in SIXTI.
6. Purchase Conditions
When buying an item on SIXTI Services, as a buyer:
you are responsible for reading the complete description of the item in the listing and resolving any questions with the seller before proceeding to purchase;
you are responsible for evaluating the suitability, aptitude or capacity of the Seller and SIXTI will not be responsible for the seller's default.
for used machinery, by clicking the “Contact Seller” button in ads, we will share the Seller´s contact details with the you and you should reach a commercial agreement with the Seller outside SIXTI;
therefore, the Buyers acknowledge that SIXTI does not guarantee the execution of the sales contracts related to the machines that are the sole responsibility of the Sellers;
for new material from regular suppliers, by making a complete check out you will pay directly to the Seller and the Seller must deliver the material;
therefore, the Buyers acknowledge that SIXTI does not guarantee the execution of the sales contracts related to the new materials that are the sole responsibility of the Sellers;
for used and pre-owned material from machine resellers or industry, by clicking the “Verify availability” button in ads, our system will ask to the Seller to confirm availabilty and based on the Seller´s response we will allow the Buyer to continue with the payment or not;
for used and pre-owned material from machine resellers or industry, by making a complete check out you will pay to SIXTI and the Seller must deliver the material;
even thought we will retain the money and will pay to the Sellers after the used material was delivered, the Buyers acknowledge that SIXTI does not guarantee the execution of the sales contracts related to the used material that are the sole responsibility of the Sellers;
for new, used and pre-owned material our system will deliver internal order´s records to the Seller and the Buyer nevertheless, if necessary official business documents like P.O. and Invoices, they must be issued outside the platform between the Buyer and the Seller;
when you confirm a purchase you are is obligated to complete the purchase by sending full payment. If you have paid through bank transfer, the delivery will be done after confirming the payment;
Sellers have they own rules for managing replacements, returns and refunds and you need to ask them in order to know what to expect from them in each case.
7. International Buying and Selling; Translation
Our Services are accessible to international Sellers and Buyers. Sellers and Buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. If you purchase an item on a SIXTI site other than sixtisolutions.com, you are subject to the User Agreement of that other SIXTI site with respect to that particular purchase.
You may list your items directly on one or more of SIXTI's international sites. Additionally, you may direct us to display your listing on SIXTI sites other than the original SIXTI listing site. When you sell your items internationally, you agree to be subject to that other site's User Agreement and policies.
You authorize us to use automated tools to translate your SIXTI content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available.
The name "SIXTI", “SIXTI Solutions” and other SIXTI marks, logos, designs, and phrases that we use in connection with our Services are trademarks. They may not be used without the express written prior permission of SIXTI.
You represent and guarantee that the content is correct. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and guarantee that the use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. SIXTI takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data that are provided by third parties (including SIXTI users). You may use that content solely in your SIXTI product listings. SIXTI may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your product listings).
We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that SIXTI is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a Seller, you agree to ensure that content directly associated with your product listings is accurate.
9. Claiming Intellectual Property Violations and Copyright
SIXTI works to ensure that listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us and we will investigate.
10. Protective measure
To protect SIXTI from risk of liability for your actions as a Seller, SIXTI may recommend that PayPal restrict access to funds in a Seller's PayPal account based on certain factors, including, but not limited to, selling history, returns, riskiness of the listing category or the transaction value. This may result in PayPal restricting funds in your PayPal account.
11. Authorization to Contact You;
SIXTI may contact at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you.
SIXTI may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by SIXTI to carry out the purposes identified above.
SIXTI's systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of SIXTI's User Agreement.This analysis may result in your message being delayed or withheld.
Privacy of Others; Marketing
If SIXTI provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use user information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
12. Our Policies. Applicability.
When a Buyer or Seller issue arises, we may look at the user's performance history and the specific circumstances in applying our policies. We may choose to be more understanding with policy enforcement while trying to do the right thing for both Buyers and Sellers.
13. Other Terms
Returns and Cancellations:
Concerning transactions for new materials from regular industry suppliers the Buyer need to ask to the Sellers about their own rules to manage cancellations, replacements, returns and refunds. Since the Buyer pay the Seller directly for new materials transactions, SIXTI does not mediate these claims.
Regarding used machinery operations, since the Buyer and the Seller have reached an agreement outside SIXTI, SIXTI does not mediate these claims either.
In trasactions of used and pre-owned materials SIXTI collects the money and pays the Sellers after two weeks of completion of delivery. If the item was not received, does not work properly or is not as described, the Buyer can request a return within this period of time.
If you as Seller are required to reimburse a Buyer in regards to a return of a transaction of used and pre-owned materials, you authorize SIXTI to reimburse the amount to the Buyer.
We refund Buyers to their original payment method or their PayPal account the amount of money paid less the value of our sales commissions. If a buyer doesn't have a PayPal account, we ask the buyer to create one with their SIXTI registered email address to claim their refund. In the unlikely event that we're unable to send refunds to the original payment method or the buyer's PayPal account, we may provide refunds by credits on your account or digital discount vouchers redeemable for future purchases on SIXTI.
All the listings offer products EXW however the transport may be included during the negotiation by the Seller.
Only concerning trasactions of used and pre-owned materials, when SIXTI collects the money and pays the Sellers, as part of our services we may include a national transport made for a third-party transport provider.
The transport will be required by SIXTI after receiving notification of payment from the Buyer and invoiced separately to the Buyer.
When you confirm a purchase, SIXTI will request the transport service automatically unless you have chosen a bank transfer as a payment method. In this case we will ask for the transport service after receiving the receipt and verifying the payment confirmation.
At the moment the seller creates a listing must be informed not only the measures and weight of the package that will contain the product but also if special handling is required from a drop list.
The seller will accept to take responsibility for the accuracy of the information provided about items, will agree to provide timely responses to requests for additional information and will accept that the price difference between what is offered by the platform and the actual cost will be billed due to wrong information.
At the checkout the buyer not only must select fast or regular transport and confirm the delivery address.
SIXTI do not encourage international business but only among users from the same country due to will not be responsible for custom clearances however, when possible like when a transport can be done without custom clearances, as per example, within areas that have officially abolished all types of border control at their mutual borders like the Schengen Area, international Buyers will be able to request the transport service through our usual transport provider.
We do not encourage export transaction subdued to an unknown Foreign Trade Regulations. In these cases transport is agreed between the Buyer and the Seller outside SIXTI.
You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by SIXTI to our third-party shipping provider, and to its affiliates, service providers, and other third parties, in connection with the processing, and transportation of any item. SIXTI does not control the privacy policies of a third-party provider or its affiliates, and you are subject to the privacy policies of those parties, as applicable.
When transport service is included in the listing by the seller as free of charge (Look for Free National Shipping Icon in ads) as in the case National Transport Included has been selected in the listing, all tasks about transport will be under the management and responsibility of the Seller.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Data update and other notification functionality in SIXTI's applications may not occur in real time. Such functionality is subject to delays beyond SIXTI's control.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
the content you provide (directly or indirectly) using the Services;
your use of or your inability to use our Services;
pricing, shipping, format, or other guidance provided by SIXTI;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any SIXTI Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Abusing SIXTI Section above;
the duration or manner in which your product listings appear in search results as set out in the Listing Conditions Section above; or
your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of SIXTI's Services or your breach of any law or the rights of a third party.
17. Legal Disputes
You and SIXTI agree that any claim or dispute at law or equity that has arisen, or may arise, between you and SIXTI (including any claim or dispute between you and a third-party agent of SIXTI) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of SIXTI or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
You agree that the laws of Spain, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and SIXTI, except as otherwise stated in this User Agreement.
Agreement to Arbitrate:
You and SIXTI each agree that any and all disputes or claims that have arisen, or may arise, between you and SIXTI (including any disputes or claims between you and a third-party agent of SIXTI) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the Services, the actions of SIXTI or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court.
Judicial Forum for Legal Disputes:
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and SIXTI must be resolved exclusively by the National Commercial Courts of the City of Barcelona, Spain.
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on our page.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.sixtisolutions.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through the SIXTI Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an SIXTI representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the SIXTI Service.
The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and SIXTI, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
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