BIGhub is a commercial company domiciled in Spain that provides a platform (“Platform”) on its website https://www.bighub.store/ (“The Site”) that allows the display and sale of goods (“The Products”) by national or international sellers acting in a personal capacity and who are therefore independent of BIGhub (“The Sellers”), for online purchase by consumers (“Customers or Users”). Therefore, BIGhub is not a distributor of the Products offered by the Sellers, does not have any contractual position within the transaction carried out between Customers and Sellers, and cannot be classified as a reseller of the products offered by the Sellers on the Platform.

Scope of application of the Terms of Use

These general terms of use of the Platform (“Terms and conditions of purchase”) apply to all Product orders placed by Users with Sellers on the Platform. The applicable Terms of Use are those in effect at the time the User places the order. Similarly, by simply displaying the Products on the Platform, the Seller confirms understanding, unconditionally accepts their listing, and therefore, the Seller declares that :

1. You have the legal right to offer and sell the products you will offer to the market through the BIGhub Service (the “Products”);
2. Is the legitimate owner and/or seller of all Products;
3. The products are new;
4. The Products were designed and manufactured in accordance with the laws of the country in which they are registered;
5. The Products meet all the quality specifications required for their marketing in accordance with Spanish law, including, without limitation, applicable health registrations;
6. The Products meet and will meet the specifications, designs, images, performance criteria, functionalities and other descriptions included in the marketplaces through the BIGhub Platform; are marketable and fit for their intended purpose; comply with applicable laws, requirements and regulations; and are free from defects in materials, performance, function and workmanship;
7. Regarding products manufactured abroad, these were imported in accordance with legal requirements and have all the necessary licenses and authorizations for their sale in Spain;
8. That the resources or assets that will be used for the development of their commercial activities come from lawful activities and in accordance with current Spanish laws;
9. That he/she is not on any list of people reported or blocked for drug trafficking, money laundering, subversion, terrorism, arms trafficking, or any type of illegal activity within or outside the national territory.

BIGhub Platform Operation

The BIGhub Platform allows customers to view and purchase products sold by vendors on the BIGhub website. Transactions made through the BIGhub Platform are conducted directly between the Customer and the Vendors, respecting the precepts and other legal requirements applicable at any given time. BIGhub does not act as an agent/distributor/representative of the Vendors, nor as a reseller of the Products offered by the Vendors through the BIGhub Platform. The products advertised and sold on the BIGhub Platform are the sole responsibility of the marketplace vendors, especially regarding their ownership, quality, safety, origin, warranty, and compliance with applicable Spanish legislation.

Purchase process

• Users can request the Products offered on the Platform. The description of the Products is provided by the Sellers, who are therefore solely responsible for the accuracy of the description provided and for the conformity of the Products with said description;
• By clicking the “Buy” icon during the ordering process, after reading the General Terms and Conditions of Sale on the website and verifying the order content or, if applicable, after modifying it, the User declares that they fully and unreservedly accept all the Terms of Use of the Platform;
• Once the order contents are confirmed, the Marketplace Terms of Use and payment obligations are accepted, the User will definitively validate their order for payment. The order will only be valid after full payment of the Product price. The sale made by the Seller is subject to the condition that the product is available;
• Users can make payments using debit or credit cards through BIzum;
• BIGhub systematically confirms purchase orders via email to each User (provided it is accepted by the bank or the chosen payment method). After order acceptance, order information will remain accessible on the Site under “order status”;
• BIGhub will notify the Seller if one or more Products have a purchase order from a Customer. Once the above is verified, the Seller will notify the Customer of the unavailability of the requested Products;
• If the Seller confirms the availability of the Products, the sales contract is definitively concluded between the Seller and the User. The seller is solely responsible in case of unavailability of the Product, since this point is controlled only by the Seller;
• If the Seller confirms the availability of one or more Products (even partially, in the case of a Product not being available), they undertake to send and deliver the available Products within the established timeframe, using the method chosen by the User.

Billing

The seller issues the sales invoice to BIGhub, which in turn issues it on behalf of the Hub Sales Group to the end customer. The entire process is done through the BIGhub platform.

Shipping and delivery

The shipping and delivery of orders placed on the Platform are the sole responsibility of the respective Sellers. Once an order is placed, the information contained therein cannot be changed, particularly regarding the shipping method, delivery address, and contact details. BIGhub is not involved in the delivery process.

Confirmation of receipt

It is the Customer’s responsibility to confirm receipt of the Products and their conformity. The Products are presumed to have been received within 30 (thirty) days from the date of their dispatch. This clause does not prejudice or condition the consumer’s rights provided by law.

Non-conformities upon receipt

If orders do not reach the Customer, are damaged, or do not match the information provided by the Sellers at the time of purchase, the Customer has the right to file a complaint directly on the Platform. BIGhub will mediate this process with the Seller, who will be solely responsible for exchanging the product or refunding the amount paid, as the case may be.

Prices

Product prices are freely determined by the Sellers and are shown excluding shipping costs in the Products tab. Shipping costs are added to the Product price before final confirmation by the Customer.

All Products offered on the Platform include all legally applicable taxes in the price.

Some of the Products offered on the Platform may experience price variations throughout the day for reasons beyond the Sellers’ control, for example, those resulting from currency fluctuations.

Responsibility

• The Products offered through the Platform are subject to availability and are offered in a limited way until the stocks reported by the Sellers are exhausted. Occasionally, the same product may be purchased by several Users at the same time, and at the end of the sales process it may be found that the Product is no longer available due to the exhaustion of all available units, even if it appears on the Platform that the Product is available. In this case, the User will be informed of the situation and will be refunded the amount paid for the Product, if applicable, or will be notified of the impossibility of processing their order;
• Sellers cannot be held liable for any delay or failure to deliver the Products in these Terms of Use, provided that such event is caused by force majeure or fortuitous event as defined by Spanish law;
• All communications on the Platform regarding the Products offered there, especially those related to the description of the Products, their specifications, characteristics, price, delivery conditions, returns and changes, are carried out directly by the Sellers through the Platform;
• The Products offered on the Platform are the sole responsibility of the Sellers. Therefore, the Sellers will be solely responsible if third parties consider that their intellectual property rights have been violated by the sale of these Products, and any such claim must be directed to the Sellers through the Platform. Notwithstanding the foregoing, BIGhub may occasionally remove the information or Products in question from the Platform, without this implying any admission of liability and without prejudice to any right, action or defense that may be available to the Sellers.

Platform tool

The Seller declares and agrees that the BIGhub Tool was made unilaterally available to the Seller by BIGhub and that its use may be discontinued at any time, at BIGhub’s sole discretion.

The Seller also represents and agrees that BIGhub is not liable in any way to the Seller or its buyers for:

1. The use that BIGhub makes of the BIGhub tool, whether directly or through users designated by it;
2. Inconsistencies or lack of updating of information included in the BIGhub Tool by the Seller or the users designated for this purpose;
3. The accuracy and precision of the information included in the BIGhub Tool by the Seller or by users designated for this purpose;
4. The uninterrupted operation of the BIGhub tool;
5. The integrity of the information after being integrated into the BIGhub tool.

In this regard, the Seller declares and accepts that it is solely responsible to BIGhub and buyers for the information about the Products, whether or not they have been included in the BIGhub Tool, and for the proper safekeeping of their information in said tool.

Special obligations of the seller

By virtue of this Contract, in addition to the obligations set forth in the other clauses, the Seller undertakes to:

1. The seller should only offer what is in stock;
2. Honor the product warranty(ies);
3. To deliver new Products, in perfect condition, in strict compliance with the technical conditions offered, perfectly packaged, wrapped, bagged, as the case may be, in perfect working order, technical specifications of each Product and in observance of the highest quality standards and in compliance with all requirements applicable to their nature, including, but not limited to, phytosanitary requirements, trademarks, advertising, labeling, price, weight, taxes and sanitary requirements in general;
4. The Seller must provide a direct warranty to the customer for a minimum period of 30 consecutive days; in the case of directly branded products, the Seller must specify the warranty that the brand in question provides to the public, and the Seller is obliged to respect it;
5. All trademarks of the Products that the Seller intends to market through the BIGhub Service must be previously registered with the competent authority and must not infringe copyright. Taking into account the foregoing, in the event of a trademark conflict, the Seller will assume all responsibility and costs arising from the defense of said claim and will indemnify BIGhub for any costs associated therewith and will compensate for any damages or expenses, including consequential damages and loss of profit, that may be suffered as a result of the above.
6. In the event of any dispute related to the exercise of consumer rights, the Seller shall assume all responsibilities and costs arising from the defense of said claim and shall exempt BIGhub from any costs associated therewith and shall indemnify it for any damage or expense, including consequential damages and loss of profits that the Seller may suffer as a result thereof.

Confidentiality

The Seller acknowledges and accepts that the information it receives about the services, its marketing design, the software, the Portal, the BIGhub Service, and information not publicly known, is confidential information owned exclusively by BIGhub, which the Seller will use reasonably and exclusively for the purposes of this agreement and may not be appropriated, copied, used outside of this agreement, or disclosed in any way. This information includes, without limitation, financial, commercial, virtual, technical, and methodological information, information about clients or suppliers, current subcontractors, among others.

The Seller shall not advertise using the name of BIGhub or its registered trademarks unless expressly authorized in writing by it and shall refrain from (i) commenting on, discussing or disclosing in any way such confidential information to unauthorized third parties and, without limitation, to executives, employees or contractors of BIGhub’s competitors; (ii) using, exploiting or commercializing such confidential information, directly or indirectly or in any way, for its own benefit or that of third parties; and (iii) revealing or disclosing such confidential information to persons, organizations, entities, for any reason or purpose, except with the express authorization of the other party and for the fulfillment of the object of the Contract.

Should the Seller fail to comply with the confidentiality obligation set forth herein, directly or indirectly, it shall be liable for all damages caused to BIGhub as a result.

This obligation binds the Seller’s managers, employees, dependents, contractors, and subsidiaries and, as a trade secret of BIGhub, will remain in effect after the termination of this Agreement.

Compensation

1. The Seller will assume responsibility for any official investigation into taxes for which it is liable and for any penalties and fines imposed by the tax or customs authority, and will bear the reasonable legal costs incurred by BIGhub in its defense due to or as a consequence of such investigations;
2. To the extent permitted by applicable law, BIGhub assumes no warranty liability for Products purchased by buyers under this agreement;
3. Should any competent authority impose a sanction on BIGhub for the use, sale, provision, or lack of registration and/or legal certification of the Product, for the publication of the quantities offered or other information required under applicable law, or any equivalent circumstance, the Seller shall be fully liable for said sanction and for the expenses incurred in resolving said sanction or any claim it may have caused.

Modification of Terms of Use

BIGhub reserves the right to make changes, additions, or insertions to these Terms of Use at any time. Therefore, Users will be subject to the conditions in effect on the date they place a purchase order.

Applicable Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of Spain. Any dispute relating to them shall be subject to the jurisdiction of the courts of Spain.