Provider and scope
Creators and providers of the online platform or website www.gongmarket.org are Carlos J. Roch García and José A. Roch García.
Address: Avenida Teodomiro, 37, 03300 Orihuela (Spain).
Email: info@gongmarket.org.
Identification numbers: 45560379R and 48553701B.
These terms and conditions contain the terms and code of conduct for using the online platform and for all transactions effected. It is, however, possible that additional terms are applied for certain special services. These will be made available to you (the user) before use in the form of additional terms and conditions. General terms and conditions deviating from these terms are not applicable unless the Provider agrees explicitly.
Specification of services
This online platform is an internet place where sound healing instruments and accessories are offered and sold. The Provider merely acts as an intermediary between sellers and buyers. Users of this online platform are given the opportunity to place and search ads, contact each other, and buy and sell instruments or accessories in an easy and secure manner.
A registration is necessary in order to be able to use this online platform. Member’s use of this online platform is only permitted under legal regulations and these general terms and conditions.
Registration
In order to use the Provider´s online platform is necessary to register a user account.
During registration you choose an user name and password, and you state your e-mail address.
All information can be changed or complemented later in your profile settings.
Your chosen password must be kept confidential. Particularly, you have to ensure that your login data do not come into the possession of any third party who could then use your user account. In case you lose your password or suspect that a third party is using your user profile, you are obliged to inform the Provider immediately. In order to protect your account from the unauthorized access of a third party, you should change your password regularly.
All natural and legally competent persons above 18 years of age, as well as legal persons, can register as a user. In the case of legal persons the registration must be completed by an authorized representative. Account registration for third parties without consent, as well as multiple accounts for a single user are expressly prohibited. The Provider reserves the right to demand that appropriate evidence be provided prior to account activation.
The data requested during registration is to be entered completely and correctly. Changes of personal data will be corrected by the user in the profile settings. User accounts are not transferable.
The Provider reserves the right to make the utilization of the service provided dependent on certain requirements, such as the verification of personal user data, the amount of negative ratings or the payment of a fee or commission.
Right of withdrawal
Users has the right of withdrawal from the use of this online platform at any time, without stating reasons.
Contract conclusion between users
The seller and the buyer can use a private contract for the sale of instruments or accessories offered through this online platform. It is always recommended to complete and sign a private sales contract between the buyer and seller, at least for expensive items. This website offers sales contract formats in several languages.
Rights of use for uploading contents
You grant the Provider rights to the contents published by you on the online platform so far as necessary for operating the online platform.
In particular, you grant the Provider the right to edit contents in order to better present them on the website. Editing may consist in shortening or editing texts, cutting uploaded images or reducing images. In addition, the Provider is entitled to reproduce, communicate and make publicly available contents in the best possible quality via different terminal devices and different networks (public and private), comprising particularly the right to make the transfer of contents available for fixed and mobile terminal devices (e.g. mobile phones etc.) of other users. The right of public reproduction specifically also includes the right to stream contents on the website.
If you upload contents to the online platform, you permit other users to use your contents to a certain extent. Uploaded texts thus may be read and any images may be viewed.
Illegal contents
You commit to the Provider not to upload to the online platform any illegal content and any content that:
- is libellous or dis efamatory, irrespective of who is affected by these contents,
- pornographic, glorifying violence, abusive, immoral or violating the law for the protection of children and youth,
- involve any sensitive information on individual persons or groups of persons, unless the required consent and/or rights of use are at hand.
- constitute unacceptable harassment of other users, in particular in the form of Spam,
- is protected by law (e.g. by the copyright, trademark, patent, design patent or utility model law) without being entitled to do so,
- serve the performance or assistance of anti-competitive actions.
Furthermore, you are prohibited from disseminating or publicly reproducing contents of the online platform or of other users, unless the dissemination and public reproduction is envisaged within the use of the online platform or the other user agreed to the dissemination and public reproduction. In addition, you are prohibited from using hyperlinks in your offers. The Provider reserves the right to remove such links immediately. The placing of sham offers solely serving to advertise services outside the Provider’s platform or to obtain ratings is prohibited.
Provider’s liability
The Provider is liable under statutory provision with the following exceptions: If your damages result from the loss of data, the Provider is not liable, provided that the damages could have been avoided by you by regularly and completely backing up any relevant data. The Provider’s liability for damages not typical to the contract is excluded.
The Provider is not liable for the accuracy, quality, completeness, reliability, type and character or believability of the content uploaded by the users. Such content does not represent the Provider’s opinion and in particular the Provider does not endorse such contents. The Provider is also not liable for the completion and fulfilment of contracts between users. The Provider supplies this website only for the purpose of acting as an intermediary between sellers and buyers.
The Provider is not liable for possible damages and/or misuse of personal data which may arise by your use of a third party app.
Your liability
You bear full responsibility for any granting of rights, contents of your user profile and your offers.
In case the Provider’s services are employed via a third party, because you have breached your obligations regarding the granting of rights, you shall indemnify the Provider completely and at first request against any liability and costs, including potential procedural costs. The Provider will inform you immediately about the claim and give you the opportunity to enter a defence against the claims being asserted as far as this is legally necessary and/or possible. The same applies to claims of third parties because the contents violate third party rights regardless of the authorship, especially rights of use and exploitation under copyright law.
You are responsible to the Provider and third parties for your own contributions, commentaries and any user profile contents, especially regarding the accuracy of the contents. If legal proceedings are taken against the Provider by another user or other third parties due to unlawful contributions, commentaries, user profile contents and/or offers, you shall indemnify the Provider from any liability and costs to the aforementioned extent.
The use of the online platform via third party apps and similar application programmes shall be at your own risk.
Extraordinary suspension of the user account
You and the Provider have the right to extraordinary suspend the user account in the event of good cause without notice at all times. An extraordinary suspension of the user account is especially possible in case of major violations against these “General terms and conditions” (GTC), violations against the obligation to truthfully submit the required personal data or major violations against the prohibition of posting illegal contents. Furthermore, an extraordinary user account suspension shall be considered in case of the loss of access data or the suspected misuse thereof by a third party.
As a less severe measure, the Provider may suspend you temporarily in case of violations against these GTC, in order to urge you to meet your obligations. In case of the suspension of your user account by the Provider for good cause, you are prohibited to re-register on the online platform in order to open a new user account without the prior express consent of the Provider.
As an even less severe measure the Provider is entitled to delete such offers violating legal regulations or these GTC. In choosing the measures, the Provider will consider your legitimate interests, and in particular, whether you were responsible for the violation.
Data protection
The collection of your data serves to be able to offer a user friendly, efficient and secure internet service.
All information on data protection and data security may be found in our Privacy policy.
Functional changes, transfer of contract
The Provider reserves the right to continually adapt, update, extend, restrict, or remove features of the online platform.
The Provider shall be entitled to transfer all or part of their rights and obligations arising from this contract to a third party by giving four weeks´ notice. In this case you are entitled to an extraordinary termination after notification of the transfer of contract.
Amendments to this general terms and conditions
The Provider reserves the right to change these “General terms and conditions” (GTC) at any time.
In the event of changes in the GTC that affect users, the Provider will inform of these changes in the website. The new GTC shall be considered as agreed if the users do not object to its applicability within two weeks upon communication. If there are any objections, these will have to be informed through the contact form.
Final clause
These terms of use shall exclusively be subject to the law of Spain. The exclusive place of jurisdiction for all disputes that can arise from these GTC is the Provider’s place of business in Orihuela (Alicante – Spain).
NOTE: The original version of the “General Terms and Conditions” is written in english. Translations into other languages available in this website are for information purposes only. For legal matters, only the english version is to be considered.
