Terms and Conditions

Terms and Conditions

The following describes the terms on which eBay offers you access to our services.

Introduction


Welcome to Estado Latente SL. By using Estado Latente S.L (including TOYin3D.com and its related sites, services and tools), you agree to the following terms with Estado Latente S.L. and the general principles for the websites of our subsidiaries and international affiliates. 

This Agreement is effective on September 8, 2011, for current users, and upon acceptance for new users.

Scope


Before you may become a member of Estado Latente S.L , you must read and accept all of the terms in, and linked to, this User Agreement and the Estado Latente SL. Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use Estado Latente SL. sites or services, or when you use the tools we make available to interact with Estado Latente S.L. sites and services. If you use another Estado Latente S.L site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some Estado Latente SL. sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.

Using Estado Latente SL. (TOYin3D.com)


While using Estado Latente SL. sites, services and tools, you will not:

  • violate any laws, third party rights or our policies;
  • use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
  • manipulate the price of any item or interfere with other users' listings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to Estado Latente SL.;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Estado Latente SL.);
  • transfer your Estado Latente SL. account (including feedback) and User ID to another party without our consent;
  • distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Estado Latente SL., or the interests or property of Estado Latente SL. users;
  • export or re-export any Estado Latente SL. tools except in compliance with the export control laws of any relevant jurisdictions;
  • copy, modify or distribute rights or content from the Estado Latente SL. sites, service or tools or Estado Latente's copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing Estado Latente SL.

Estado Latente SL. and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-Estado Latente SL. transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users).  Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Estado Latente SL. sites, services or tools.

Buyer Protection


Buyers share the responsibility for making sure purchases facilitated by Estado Latente SL. are exciting, rewarding and hassle-free. Buyers and sellers agree to follow the requirements of the eBay Buyer Protection Policy with respect to claims. Estado Latente SL. Buyer Protection covers only claims filed in accordance with the Estado Latente SL.  Buyer Protection Policy, not claims filed with PayPal. We may suspend the Estado Latente SL. Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program.

Changing a reimbursement method will not affect Estado Latente's use of a payment method on file for other purposes (such as payment of your Estado Latente SL. fees). 

  • Correcting Mistakes in Payments to Buyers.   We reserve the right to fix any processing errors we discover.  We will correct any processing errors by debiting or crediting the payment method used for the erroneous Estado Latente SL. Buyer Protection refund or reimbursement.

Holds


To protect against the risk of liability, Estado Latente SL. has at times requested, and may continue to request, that PayPal hold seller funds based on certain factors, including, but not limited to, riskiness of the listing category, or the filing of an Estado Latente SL. Buyer Protection claim.  PayPal has held, and will continue to hold, PayPal policies and any other agreement entered into between PayPal and its users.

Fees and Services


Joining Estado Latente SL. and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the Estado Latente SL. site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. 

Unless otherwise stated, all fees are quoted in U.S. Dollars and € Euros. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

Limitation of Liability

You will not hold Estado Latente SL. responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. While we may help facilitate the resolution of disputes through various programs.

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) any amounts due under the Estado Latente SL. Buyer Protection Policy up to the full cost of the item (including any applicable sales tax) and its original shipping costs, (b) the total fees (under Estado Latente SL. Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (c) $100.

Access and Interference


The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Estado Latente SL. by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission. 

Additionally, you agree that you will not:
  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of eBay and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Privacy


We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Estado Latente SL. Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the EU that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Estado Latente SL. Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency


No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices


Except as explicitly stated otherwise, legal notices shall be served on Estado Latente SL.'s national registered agent (in the case of Estado Latente SL.) or to the email address you provide to Estado Latente SL. during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Legal Disputes


If a dispute arises between you and Estado Latente SL., our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Estado Latente SL. agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Contacting Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
  • Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the EU as they apply to agreements entered into and to be performed entirely within EU between EU residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Estado Latente SL. must be resolved exclusively by a state or federal court located in Spainn, European Union, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located in Spain, EU for the purpose of litigating all such claims or disputes.

  • Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  • Improperly Filed Claims - All claims you bring against eBay must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Estado Latente SL. may recover attorneys' fees and costs up to $1000, provided that Estado Latente SL. has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Each of these policies may be changed from time to time. Changes take effect when we post them on the Estado Latente SL. site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.

Return policy

1. Right to revoke:
Art. 44 of the law 7/1996, of 15th January, of the Retail Trade Regulation Act, bestows the Client with the right to revoke an order placed within a period of seven days from the reception of the same, having previously advised Estado latente SL. (by e-mail info@toyin3d.com), with a refund of the price that would have been paid for the item. The order must be sent back with all the products that are to be returned with the original product packaging. If the product is defective the client can also choose, within these seven days, to receive a replacement.

The order must be returned with all products and original box in perfect conditions.

If any of the products is not in perfect conditions, Estado Latente S.L. takes the responsibility of sending a new product to the customer without any extra charges or it will refund all money associated to the wrong product.

2. Return owing to product defects, defects caused in transportation or incorrect shipment:
If at the time of delivery, without having to manipulate the packaging or the product wrapping,it is clear that the product has been damaged in transport or that, in the same manner, the merchandise received is incorrect, the Client shouldadvise Estado Latente S.L. (by e-mail info@toyin3d.com) within 72 hours of receiving the order to arrange the return of the product or products affected ,and with it its replacement or a refund of the price paid for the product.

General


Estado Latente SL.  is located at Quero 35 Str., Madrid 28024, Spain. European Union. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. 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 doesn't 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 Agreement. 

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Estado Latente SL. Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.
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