Last update 02/13/2022
This website is operated by Negocio Express Marketplace, c.a. Throughout the site, the terms “we”, “us” and “our” refer to NEGOCIO EXPRESS MARKETPLACE, C.A. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you participate in our “Service” and agree to the following terms and conditions (“Terms of Service”, “Terms”), including all additional terms and conditions and policies to which referenced herein and/or available via hyperlinks. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you are agreeing to the Terms of Service. If you do not agree to all the terms and conditions of this Agreement, then you should not access the Website or use any of the Services. If the Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of the Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your dependents minors use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or any code of a destructive nature.
Failure to comply or violation of any of these Terms will result in the immediate termination of your Services.
negocioexpress.com is a website that offers users the services of buying and selling goods and services under the internet platform. The fundamental objective is to facilitate the User the process of buying, selling, advertising and other related services safely and quickly.
USER: Any natural or legal person who has the capacity to contract and who has effectively completed the corresponding registration on the negocioexpress.com platform
SELLER: Any user who publishes products for sale on the negocioexpress.com platform
BUYER: Any user who accepts any sale offer that has been published on the negocioexpress.com platform
OFFICIAL STORE: For a user to be considered an official store, they must meet the criteria determined by NEGOCIO EXPRESS MARKETPLACE. Users who make up the official store category must prove that they are the owners or are duly authorized by the brands they represent to offer the products or services they intend to publish on the site. Whoever acquires the category of official store will be solely responsible for the content of the store's publications, as well as for complying with what is offered in them. The activation of an official store does not imply on the part of NEGOCIO EXPRESS MARKETPLACE any recognition of a better right or exclusivity. If NEGOCIO EXPRESS MARKETPLACE receives any claim or questioning from third parties for the use of the brand or any other right, at its discretion, NEGOCIO EXPRESS MARKETPLACE may suspend or eliminate the user or the content of any publication made by the store.
BUYER PROTECTION SYSTEM: It is a process established by NEGOCIO EXPRESS MARKETPLACE to guarantee buyers that payment to the seller occurs only in cases of effective shipment of the product by the seller. In turn, it guarantees the seller the receipt of the amount of the sale made with the indexation of said amount according to the price of NEGOCIO EXPRESS MARKETPLACE for the release of payment. By creating the account, the user accepts these terms and conditions, consequently, empowers Us to carry out the transactions derived from the sales made by the sellers on the site, according to the terms and conditions established for the use of the protection system. to the buyer, which is mandatory for sellers on the platform.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse the provision of service to any natural or legal person, for any reason and at any time.
You understand that your content (not including your credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform or adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without the express permission of written from us.
Headings used in this agreement are included for convenience only and do not limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without first consulting more accurate, complete or timely information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of the content) at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange according to our return policy only.
We have made every effort to display the colors and images of our products, in the store, as accurately as possible. We cannot guarantee that your computer monitor's display of colors will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of the products or services that we offer. All product descriptions or product prices are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any product or service offer made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.
For more details, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without warranties, representations or conditions of any kind and without any endorsement. We will have no liability arising from or related to your use of tools provided by third parties.
Any use you make of optional tools offered through the site is at your own risk and discretion and you should ensure that you are familiar with and approve of the terms under which these tools are provided by the third party provider(s).
We may also offer you new services and/or features through the Website in the future (including the release of new tools and resources). These new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available via our Service may include material from third parties.
Third party links on this site may redirect to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and shall not have any liability or responsibility for any third party materials or websites, or for any third party materials, products or services.
We are not responsible for any harm or damages related to the acquisition or use of goods, services, resources, content, or any other transactions made in connection with third party websites. Please review the third party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail postal, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate or otherwise use comments that you submit to us. We are and will be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for comments; or (3) to respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or the Terms of Service.
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments do not contain libelous or otherwise unlawful, abusive or obscene material, or contain computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, use another identity that is not legitimate, or mislead third parties or us as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We are not responsible and assume no liability with respect to comments posted by you or any third party.
SECTION 10 - PRIVACY OF INFORMATION
To use the Services offered by negocioexpress.com, Users must provide certain personal data. Your personal information is processed and stored on servers or magnetic media that maintain high standards of security and protection, both physical and technological.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and shipping costs. availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without notice (including after you have submitted your order).
We undertake no obligation to update, correct or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No updated specification or update date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been changed or updated.
SECTION 12 - PROHIBITED USES
Users may not: (a) maintain any type of communication by e-mail, or by any other means (including social networks) during the offer of the good with any of the Users who participate in it, except in the section of Questions and Answers and in the Services and Properties that allow it; (b) disclose your personal data or that of other users through the Questions and Answers section and/or by any other means (including but not limited to Twitter, Facebook and/or any other social network), except in the categories that they allow it; (c) accept personal data provided by other users through the Questions and Answers section and/or any other means (including but not limited to Twitter, Facebook and/or any other social network); (d) publish or sell items prohibited by the General Terms and Conditions, other negocioexpress.com policies or current laws; (e) insult or attack other Users; (f) publish identical articles in more than one publication; (j) make comments of a political, religious or discriminatory nature.
This type of activity will be investigated by us and the offender may be sanctioned with the suspension or cancellation of the offer and even of his registration as a user of the website and/or in any other way that he deems pertinent, without prejudice to the legal actions to be taken. that may give rise to the configuration of crimes, misdemeanors or civil damages that may be caused to users or NEGOCIO EXPRESS MARKETPLACE.
In addition to other prohibitions as set forth in the Terms of Service, use of the site or its content is prohibited: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our or any third party's intellectual property right; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to present false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that could compromise the functionality or operation of the Service or any related website, other sites, or the Internet; (h) to collect or track personal information of others; (i) to generate spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service or any related website for violating any of the items of the prohibited uses.
SECTION 13 - SYSTEM OR DATABASE VIOLATIONS
Any action or use of a device, software, or other means tending to interfere with both the activities and operation of the website and the offers, descriptions, accounts or databases of Negocioexpress.com is not permitted. Any interference, attempt or activity that violates or is contrary to the laws on intellectual property rights and/or the prohibitions stipulated in this contract will make the person responsible liable for the pertinent legal actions, and the sanctions provided for in this agreement, as well as making him responsible to compensate for the damage caused.
SECTION 14 - SANCTIONS. SUSPENSION OF OPERATIONS
Without prejudice to other measures, negocioexpress.com may warn, temporarily or permanently suspend a User's Account or a publication, apply a sanction that negatively impacts the reputation of a User, initiate the actions it deems pertinent and/or suspend the provision of its Services if any law is broken, or any of the stipulations of the General Terms and Conditions and other policies of Negocioexpress.com; (b) if you breach your commitments as a User; (c) if, at the discretion of Negocioexpress.com, fraudulent or fraudulent conduct or acts are incurred; (d) the identity of the User could not be verified or any information provided by the User was erroneous; (e) negocioexpress.com understands that the publications or other actions may be a cause of responsibility for the User who published them, for us or for other Users in general. In the case of the suspension of a User, whether temporary or permanent, all articles that were published will be removed from the system.
SECTION 15 - EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant or guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services provided through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, whether expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Except for those products that negocioexpress.com markets directly on the website, negocioexpress.com only makes available to Users a virtual space that allows them to communicate via the Internet to find a way to sell or buy services or goods. negocioexpress.com is not the owner of the items offered by third parties, does not have possession of them or offer them for sale. We do not intervene in the improvement of the operations carried out between the Users nor in the conditions stipulated by them for them, for this reason it will not be responsible for the existence, quality, quantity, state, integrity or legitimacy of the goods offered, acquired or alienated by the Users, as well as the provision of services and the capacity to contract of the Users or the veracity of the Personal Data entered by them. Each User knows and agrees to be solely responsible for the goods and services they publish for sale and/or purchases they make.
We recommend acting with prudence and common sense when carrying out operations with other Users. The User must also bear in mind the risks of contracting with minors or with people who use a false identity. We will not be responsible for making offers and/or operations with other Users based on the trust placed in the system or the Services provided by negocioexpress.com
In the event that one or more Users or any third party initiate any type of claim or legal action against another or other Users, each and every one of the Users involved in said claims or actions exempts both NEGOCIO EXPRESS MARKETPLACE or the website from any liability. as our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any damage, loss, claim, or direct, indirect, incidental, punitive, special or consequential damages of any kind , including, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, as a result of the use of any of the services or products acquired through the service, or for any other related claim in any way with the use of the service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) published , transmitted, or made available through the service, even if advised of its possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law. Users have a period of 60 days from the purchase to initiate a claim against another or other Users. Once this term expires, they will not be able to initiate a claim from the website.
SECTION 16 - SITE OPERATION
Buyer Protection System.
By posting an ad on the Site, the seller expressly accepts the use of our buyer protection system as one of the available ways to guarantee payment for the good or service offered and undertakes not to modify the sale price of the good or service. after the buyer checks the acceptance of the purchase. Likewise, the user declares that he has read, understood and accepted the Terms and Conditions of Use of the Buyer Protection System, which forms an integral part of these general terms and conditions.
Publication of goods and/or services.
Seller shall offer the goods for sale and promote the services in the appropriate categories and subcategories. The publications may include descriptive texts, graphics, photographs and other content and conditions relevant to the sale of the good or the promotion of the service, provided that they do not violate any provision of this agreement, other website policies, or current laws. The good or service offered by the seller must be exactly described in terms of its relevant conditions and characteristics. In the case of second-hand products, the seller must avoid the existence of hidden defects. It is understood and presumed that by including the good or service in the portal, the seller accepts that he has the intention and the right to sell the good or offer the referred service, or is empowered to do so by its owner; Likewise, you accept that the published good is available for immediate delivery or for the period specified in the publication, as well as the service for its provision within the agreed period. It is established that the prices of the published goods or services must be expressed with the VAT included in it, in the event that said tax is applicable, as well as any other tax or fee that is taxable. negocioexpress.com may remove any publication whose price is not expressed in this clear and precise way to avoid confusion or misunderstandings regarding the final price of the good or service. It is expressly established that no description may contain personal or contact data, such as, and not limited to telephone numbers, e-mail address, postal address, Internet page addresses that contain data such as those mentioned above. In the Real Estate and Services categories, personal or contact data must be added in the section specifically provided to include information about the seller. Other means of payment may not be advertised, other than those stated by negocioexpress.com, nor may buyers be suggested or insinuated that they do not use the means offered by the platform. In the event that any of the provisions established in this clause is violated, negocioexpress.com may edit the space, request the User to edit it, or disable the publication where the violation is found without the need for prior notice and in cases considered serious, suspend to the user, all at the discretion of negocioexpress.com
The seller is responsible for the information contained in each publication that he makes, for which he expressly relieves negocioexpress.com of any responsibility for inaccurate, false information or that may create confusion for users; since the loading of the information in the system will be at your exclusive account. We may review the publications made by the seller and edit or disable any publication that in its opinion violates these terms or any legal provision.
Inclusion of images and photographs.
From the creation of the publication, the user authorizes negocioexpress.com to use, publish, reproduce and/or adapt the images and photographs included in their publications. In particular, the user grants us an express, free, irrevocable, non-exclusive, international and unlimited time authorization to publish, reproduce and/or adapt the images and photographs in order to be used in all the sites and applications of the site. web, social networks and/or in any mass and non-massive means of communication, including without limitation, platforms and any other digital or physical means that we consider appropriate or with those other platforms or Internet sites with which it has made an alliance, to identify offers, classify products, create catalogs, carry out advertising and marketing actions and sublicense the use to third parties for these purposes.
The user declares and guarantees that he is the owner or licensee of the necessary rights over the images and photographs contained in his publications and has the necessary rights and powers to grant the authorization detailed in this clause, being exclusively responsible for any infringement of third party rights.
negocioexpress.com may remove the publication of images and photographs, and even of the good or service, if it interprets, at its sole discretion, that the image does not comply with these Terms and Conditions.
Only those whose sale is not tacitly or expressly prohibited in the General Terms and Conditions and other policies of Negocioexpress.com or by current law may be included in the lists of goods and services offered. For more information on prohibited goods or services, you can consult our Prohibited Items Policies at NEGOCIOEXPRESS.COM.
SECTION 17 - INTELLECTUAL PROPERTY - LICENSE - LINKS
We reserve all rights, including intellectual and industrial property rights, associated with the services of Negocioexpress.com, its websites, the contents of its screens, programs, databases, networks, codes, development, software, architecture , hardware, content, information, technology, integration phases, functionalities, domains, files that allow the User to access and create their Account, sales tools, trademarks, patents, copyrights, industrial designs and models, trade names, among others. , and declares that they are protected by current national and international laws.
In no case will it be understood that the User will have any type of right over them except to use the website service in accordance with the provisions of these General Terms and Conditions. The improper use or use contrary to current regulations of the intellectual and industrial property rights of negocioexpress.com, as well as its total or partial reproduction, is prohibited, unless expressly authorized in writing by NEGOCIO EXPRESS MARKETPLACE.
Users may also not communicate that the products or services they offer are sponsored, promoted, produced, offered and/or sold by negocioexpress.com and must refrain from performing any act that could cause damage, loss of reputation, or decrease in the value of the intellectual and industrial property rights of the portal. The Site may contain links to third party websites. Since we have no control over such sites, it will not be responsible for the contents, materials, actions and/or services provided by them, nor for damages or losses caused by the use of these, caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, endorsement of negocioexpress.com with such sites and their content.
SECTION 18 - OBLIGATIONS AND COMMITMENT OF USERS
18.1 Obligations of the buyer
During the time that the seller maintains its active publication, the interested Users will make purchase offers for the goods and services that allow contracting on the Site. The sale offer ceases when the seller deactivates its publication or the quantities stipulated by him are exhausted.
The Buyer is obliged to immediately contact the seller when the delivery method is agreed with the seller, and complete the operation if he has made an offer for an item unless the operation is prohibited by law or the General Terms and Conditions and other policies of Negocioexpress.com, in which case you will not be obliged to carry out the operation.
When bidding for a good or contracting a service, the buyer agrees to comply with the sales conditions included in the publication, to the extent that they do not violate the laws or the General Terms and Conditions and other policies of Negocioexpress.com. The offer to purchase a good or hire a service is irrevocable once the payment has been verified and validated.
Purchase offers will only be considered valid once the order has been completed and you receive the email with the generated order number.
The buyer must demand an invoice from the seller as proof of the operation.
Taxes. We remind the buyer to demand an invoice from the seller as proof of the purchase and sale operation following the provisions of SENIAT. The seller will be obliged to issue an invoice or ticket, unless it is expressly exempted from doing so by current tax regulations.
18.2. Seller Obligations
The seller must have the legal capacity to sell the good or service that is the object of his offer. If the seller has received an offer, he is obliged to communicate with the buyer and complete the operation. Cancellations of purchase offers by the seller will impact their reputation. The reiteration of these cancellations until reaching a percentage equal to or greater than 2.5% of the total purchase offers received, will be taken into account by negocioxpress.com to sanction and/or disable your account.
Prices. Taking into account that Negocio Express Marketplace makes available a platform where the price and other conditions of offer, sale and delivery of the goods and/or services offered are set exclusively by the Seller User, the latter declares that the determination of said price is carried out strictly compliance with the legal and sub-legal regulations in force in Venezuela, especially those related to price regulation, permitted profit margins or any other current or future regulations related to said prices that may be applicable at the time of making the offer and until the conclusion of the sale transaction to which it gives rise.
Taxes. As mentioned above, Negocio Express Marketplace only makes available to Users a virtual space that allows them to communicate via the Internet to find a way to sell or buy items and/or services. Negocio Express Marketplace has no participation in the process of negotiation and perfection of the definitive contract between the parties. For this reason, Negocio Express Marketplace is not responsible for the effective compliance by users of the platform with the fiscal or tax obligations established by current law.
We remind the seller that he will be obliged to issue an invoice or ticket for his sales, unless he is expressly exempted from doing so by current tax regulations.
For more information we recommend that you visit the SENIAT site, to do so please click here.
SECTION 19 - SCOPE OF NEGOCIO EXPRESS MARKETPLACE SERVICES
By virtue of the fact that NEGOCIOEXPRESS only makes available to Users an online platform for classified ads through the Internet, the User acknowledges and accepts that NEGOCIOEXPRESS is not a party to any operation, nor does it have any control over the quality, safety or legality of the articles advertised. , the veracity or accuracy of the advertisements, the ability of Users to sell or buy items. NEGOCIOEXPRESS cannot guarantee that a User will complete an operation nor can it verify the identity or Personal Data entered by the Users. NEGOCIOEXPRESS does not guarantee the veracity of the advertising of third parties that appears on the site and will not be responsible for the correspondence or contracts that the User celebrates with said third parties or with other Users. On the other hand, it is clarified that this agreement does not create any partnership, mandate, franchise, or employment relationship between NEGOCIOEXPRESS and the User.
SECTION 20 - FAILURES IN THE SYSTEM
Given that the platform provided by NEGOCIOEXPRESS is based on software, hardware, and Internet systems, continuous or uninterrupted access and use of the site cannot be guaranteed. It is clarified that the system may eventually not be available due to fortuitous events or force majeure, as well as technical difficulties or Internet failures, or due to any other circumstance beyond NEGOCIOEXPRESS; in such cases, efforts will be made to restore it as quickly as possible without any type of responsibility being attributed to it. NEGOCIOEXPRESS will not be responsible for any errors or omissions contained in its website. Users may not attribute any responsibility or demand payment for lost profits, by virtue of damages resulting from technical difficulties or failures in the systems or on the Internet.
SECTION 21 - FEES. BILLING
Registration in NEGOCIOEXPRESS is free. The User must pay NEGOCIOEXPRESS only one cost for the sale when the operation is completed. In the case of publications in the category Cars, motorcycles and others and Services and real estate, the User must pay only to NEGOCIOEXPRESS a cost for publishing. In both cases, the charges vary according to the exposure of the advertisement on the Website.
NEGOCIOEXPRESS reserves the right to modify, change, add, or eliminate the current rates, at any time, which will be notified to the Users, in the manner established in Clause Section 25. However, NEGOCIOEXPRESS may temporarily modify the Policy of Rates and rates for their services due to promotions, these modifications being effective when the promotion is made public or the announcement is made.
NEGOCIOEXPRESS reserves the right to take the judicial and extrajudicial measures it deems pertinent to obtain payment of the amount due.
In the event that charges have been invoiced that did not correspond, the User must contact our Customer Service team indicating that the operation was not carried out to resolve said issue.
SECTION 22 - LIST OF ASSETS
22.1 Publication of goods and/or services. The User must offer the goods and/or services in the appropriate categories and subcategories. The publications may include descriptive texts, graphics, photographs and other content and conditions pertinent to the sale of the good or contracting the service, provided that they do not violate any provision of this agreement or other NEGOCIOEXPRESS policies. The product offered by the Seller User must be exactly described in terms of its conditions, relevant characteristics and quantities. It is understood and presumed that by including the good or service in NEGOCIOEXPRESS, the User accepts that he has the intention and the right to sell the good offered by him, or is empowered to do so by its owner and has it available for immediate delivery. In the cases of real estate sales, the same User may only make one (1) publication for each property offered. All items to be published on the Website must show their sale price, unless otherwise provided by law. Likewise, it is established that the prices of published products must be expressed with VAT included when applicable, and in currency legal tender. NEGOCIOEXPRESS may remove any publication whose price is not expressed in this way to avoid confusion or misunderstandings regarding the final price of the product. It is expressly established that no description may contain personal or contact data, such as, and not limited to, telephone numbers, e-mail address, postal address, Internet page addresses that contain data such as those mentioned above, except for the categories Cars, motorcycles and others, Properties and Properties and Services in which the inclusion of the Seller's telephone number in the publication is allowed, and in the Services category where the Seller's email address and telephone number will also be published, and the You can also include the address and the URL of your Website.
Other means of payment may not be advertised, other than those stated by NEGOCIOEXPRESS on the article publication page. In the event that any of the provisions established in this clause is infringed, NEGOCIOEXPRESS may edit the space, request the User to edit it, or cancel the publication where the infraction is found.
22.2 License on images, photographs, trademarks and Product Information. The user authorizes us and its associated companies to use, publish, reproduce and/or adapt the images and photographs included in their publications, their commercial name, trademarks, advertising phrases, logos, designs, drawings, images and any other distinctive sign that identify the User and its products or services (the "Brand") and information about its products or services ("Product Information"). It will be the User's obligation to include in the publications the images, photographs and Brand, as well as the Product Information, in an updated manner, including those warnings that are required by the applicable legislation for the sale or advertising of products and services. In accordance with the foregoing, NEGOCIOEXPRESS may obtain the images, photographs, Brand and Product Information directly from the User, third parties authorized by it, or through the User's website.
In particular, the User grants NEGOCIOEXPRESS and its related companies a free, irrevocable, non-exclusive, international authorization with no time limit to use, publish, reproduce and/or adapt the images, photographs, the Brand and the Product Information with the in order to be used in all the sites and applications of NEGOCIOEXPRESS, social networks and/or in any mass and non-massive means of communication, including without limitation, platforms and any other digital or physical means that NEGOCIOEXPRESS deems appropriate or with those other platforms or Internet sites with which NEGOCIOEXPRESS has made an alliance, to identify offers, classify products, create catalogs, carry out advertising and marketing actions linked to NEGOCIOEXPRESS services, including the possibility of association with third-party trademarks and/or trade names, as well as sublicense its use to third parties, including, but not limited to, VAT, powers of use, publication, reproduction and adaptation of the images, photographs, Brand and Product Information within the framework of the Catalog Publications.
The User declares and guarantees that he is the owner or licensee of the necessary rights on the images, photographs contained in his publications, on the Brands, as well as on the Product Information, and that he has the rights and powers necessary to grant the detailed authorization in this clause, being exclusively responsible for any infringement of third party rights or for inconsistencies or inaccuracies in the Product Information.
NEGOCIOEXPRESS may eliminate the publication of the images and photographs, and even of the good or service, if it interprets, at its sole discretion, that the image does not comply with these Terms and Conditions. The images and photographs of goods or services published under the Premium modality must meet some additional requirements as a condition to be displayed on the Main Page of the Website.
22.3 Prohibited Items. Only those whose sale is not tacitly or expressly prohibited in the General Terms and Conditions and other policies of NEGOCIOEXPRESS or by current law may be included in the lists of goods and/or services offered. It is clearly established that the offer, sale and purchase of currency and current and/or circulating or legal or foreign currency or bills through NEGOCIOEXPRESS is absolutely prohibited. This restriction includes the offering of financial services or any other means to circumvent exchange controls or limitations imposed by law. Before elements that show a violation of the Decree with Rank, Value and Force of Law of the Exchange Regime and its Illicit, NEGOCIOEXPRESS may inform the National Center for Foreign Trade (CENCOEX) and / or the Public Ministry and will provide the information related to the user and /or the respective publication. For more information on prohibited items or services, you can consult our NEGOCIOEXPRESS Prohibited Items Policies.
SECTION 23 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by you or us. You can terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you stop using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due until including the date of termination; and/or accordingly we may deny you access to our services (or any part thereof).
SECTION 24 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service and supersede any prior or contemporaneous agreements, communications and proposals. , whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting group.
SECTION 25 - CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
All modified terms will enter into force 03 (three) days from their publication. Said modifications will be communicated by negocioexpress.com to all users registered on the site, sufficing as proof of notification the respective email. Any user who does not agree with the changes made by us may request the closure of the account, via email addressed to CIERRE@NEGOCIOEXPRESS.COM. The use of the site and/or its services implies the tacit acceptance of these General Terms and Conditions of use of Negocioexpress.com.
SECTION 26 - JURISDICTION AND APPLICABLE LAW
This agreement will be governed in all its points by the laws in force in the Bolivarian Republic of Venezuela.
Any contractual controversy that arises in relation to these terms and conditions, or that is linked to it, will be resolved through legal arbitration, as established by Venezuelan law, in the city of Caracas, in the "Castilian" language and in accordance with the provisions of the Regulations of the Business Center for Conciliation and Arbitration (CEDCA), governed by the following conditions: The arbitration will be conducted by one (1) arbitrator who must be a lawyer or judge with experience in commercial laws and Venezuelan customs, the which will be appointed by mutual agreement between THE PARTIES or by the CEDCA in case there is no agreement. The arbitrators may issue precautionary measures, even before the Arbitral Tribunal is constituted, which will hear the merits of the dispute. The arbitration award will be reasoned and will be subject to prior presentation, provided for in the CEDCA Regulations. Reasonable fees and attorneys' expenses must be borne in full by the party that is convicted according to the arbitration award. In the event that none of the parties is condemned in its entirety by the arbitration award, the costs of the arbitration procedure will be shared equally between the parties, except for the attorneys' fees and expenses of the parties, which will be borne by each of them. Neither THE PARTIES nor the arbitrators may reveal the existence or result of any arbitration, without the prior written consent of both parties.
SECTION 27 - ADDRESS
The address of the NEGOCIO EXPRESS MARKETPLACE is established in the city of Juan Griego, Nueva Esparta State, Venezuela. ZIP Code 6309.