Thanks for using Wallapop. We hope you’ve had fun it’s giving you lots more options to buy and sell in an easy way. So that the community can all get along and grow, we need users to follow a few simple rules and, of course, the terms and conditions set out here.
Terms and Conditions
The following Terms and conditions (henceforth, known as Terms and conditions”) set out the requirements to use our website, services and application (henceforth, known as “the Service”), which describes the platform that allows users to upload listings and buy and sell a wide range of articles in their possession, as well, communicate with users interested in buying and selling using geolocalization to carry out their transactions.
Using the Service is strictly for those who have signed up specifically as a user (henceforth referred to as “the User”) by this term, we mean those who have accepted the below Terms and conditions. If you are not in agreement with any or all parts of the terms and conditions, the user should not install or use the Service.
By accepting the terms and conditions the User agrees to:
Read and understand the aforementioned terms.
Accept all the obligations stated herein.
Be over the age of 18 years old and have the adequate legal capacity to use the Service.
The Terms and conditions are applicable as of the 24th of October 2016 and replace the previous Terms and Conditions that were applied from 2nd of May 2016. The User’s agreement to these is a preliminary prerequisite in order to use the Service.
The service provider reserves the right to modify and update the Terms and conditions that once in force, must be agreed to by the User in order to continue using the Service.
1. Service provider
The service owner and provider is Wallapop Spain, S.L. (henceforth, “wallapop”), Barcelona, Avenida Meridiana 89, 6th Floor (C.P. 08026), firstname.lastname@example.org, with the NIF B66159328, founded 13th of November 2013, before the Notary D Rafael de Córdoba Benedito and duly registered with the Trade Registry of Barcelona, page 44033, entry 204, B-445168, first inscription.
2. Registration requirement
In order to use the Service, we require the previous registration as a User, and acceptance of these terms and conditions of use and the privacy and cookies policy.
The information provided by the User must be accurate, up to date and truthful. The User is responsible at all times for the security of their password and assumes the risk of any damage or harm as a result of misuse, as well as, the transfer, revelation or loss of the same. You must inform wallapop immediately if you have reason to believe that your password has been used or is at risk of being used without your consent. In the case of access to restricted areas or use of the service by someone with access to a particular account, we will assume this access was granted to the User in question who will therefore be responsible for the use and actions taken during this time.
3. Rules for use of the service
The User undertakes to use the service in accordance with the law, morality, public policy and these Terms and conditions. He/she also undertakes to make appropriate use of the services and/or content on the website and not use it to perform activities that are unlawful or illegal, infringe any applicable legal rules or infringe the rights of third parties.
The User undertakes not to transfer, introduce, spread or make available to third parties any kind of material and information (data, contents, messages, drawings, sound and image files, photographs, software, etc.) that are against the law, morality, public policy and these Legal Terms and conditions. The User thus makes undertakings such as but not limited to:
I. Not adding or spreading content that is racist, xenophobic, pornographic, supportive of terrorism or that infringes human rights.
II. Not spreading, communicating or making available to third parties any kind of information, element or content against the fundamental rights and civil liberties recognized in the Constitution and international treaties.
III. Not spreading, communicating or making available to third parties any kind of information, element or content that constitutes unlawful or unfair advertising.
IV. Not sending any unsolicited or unauthorised advertising, “junk mail”, “chain letters”, “pyramid schemes” or performing any other form of solicitation, except in areas (such as commercial sections) that are exclusively designed for that purpose.
V. Not introducing or spreading any false, ambiguous or inaccurate information and content that misleads the recipients of the information.
VI. Not impersonating other Users by using usernames and passwords they have used to register for the various services and/or contents on the Website.
VII. Not spreading, communicating or making available to third parties any kind of information, element or content that infringes intellectual and industrial property rights, patents, trademarks or copyright held by the owners of the Website or third parties.
VIII. Not spreading, communicating or making available to third parties any kind of information, element or content that infringes the confidentiality of communications and personal data protection legislation.
IX. Not spreading, communicating or making available to third parties any photographs, representations or images of underage persons.
X. Any substance requiring a medical prescription or that must be prescribed under medical supervision (doctor, dentist, optometrist, optician, pharmacist or veterinarian) is not permitted in wallapop. As well as any product that affects the health of an individual (that leads to contraindications or interactions etc.) or perishable goods of any sort.
The User may not hold wallapop liable for any possible claim, fine, punishment or sanction that may become enforced as a result of breaching of the rules previously indicated. Wallapop reserves the right to claim any damages.
4. Exclusion of Users
Wallapop reserves the right to deny the use of the Service temporarily or permanently to any User that breaches the rules as set out in the Terms and conditions as well as legal and moral regulations. Wallapop may also prohibit the use of a User or restrict access to Users on the grounds of the ensuring the best use of the Service and/or the Users experience of such.
5. Exclusion of Liability
Wallapop is not the owner of any of the goods on sale or sold on their platform; it takes no part in buying and selling transactions carried out exclusively by the buyer and seller. Wallapop does not moderate nor validate the items offered by the User via the service and does not take any responsibility; directly, indirectly or subsequently for damages of any kind derived from the use or employment of its contents. They take no responsibility for the activities of the user and or third parties of the service. They are equally not responsible for the legality reliability, utility, veracity, accuracy, exhaustiveness and relevance of any transaction.
Including, but not limited to the following, wallapop is not responsible for damages of any nature derived from:
a) The use of the Service by any of the Users; the status, origin, inaccuracy or falsification of the information supplied to us by the Users nor the items they have for sale via the Service.
b) The content, information, opinions or declarations given by any User or by a third party or entity that is communicated or represented via the Service.
c) The use of any materials by the Users derived from the Service that may be of a prohibited or consensual nature, or infraction of intellectual or industrial property rights, confidential information or information gained from the Service from third parties.
d) Engaging in acts of unfair competition and illegal advertising.
e) A potential loss of data for causes not attributable to the Service.
f) Access to the Service and its contents by underage persons.
g) The non-availability, errors of access or lack of continuity of the Service.
h) The mistakes and incidences that could take place in the communications, erasure or incomplete transmissions.
i) The non-functioning or problem with the email address given by the User.
Wallapop will respond solely and exclusively to the User of the Services and to the content which is derived directly from such, or linked to the copyright. It shall be limited to a maximum of the amounts received directly from the User by Wallapop with the exclusion in all cases of liability for indirect damages or for lost profits.
Any claim resulting from a dispute between the Users of the Service should be solved between one another; holding wallapop totally exempt from liability. Notwithstanding, wallapop undertakes their best effort to offer their Users a fast and satisfactory solution via their User Help Service.
6. Content and services linked to through our Service
The Service can include links to technical devices, directories and search tools that allow the User to access other websites and internet portals (henceforth known as “Linked sites”).
The User recognizes and accepts the access of Linked sites at their own risk and thereby exonerates wallapop from any responsibility for possible infringement of intellectual or industrial rights by the service provider of these sites. The User also exonerates any responsibility for the technical availability of these linked websites; as also the quality, reliability, accuracy or trustworthiness of the services, information and elements contained within that are accessible to the User.
Wallapop will only be responsible for the content and services offered by the Linked sites, in so far as, if they are effectively aware of any illegality and have not disabled the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, they can share this information with wallapop, but under no circumstances will this notification imply that the relevant link will be deleted.
The existence of Linked sites does not presuppose the existence of agreements with the persons who own or are responsible for such sites, nor wallapop’s recommendation, promotion or identification with the declarations, contents or services they provide. Wallapop is not aware of the content or services of the Linked sites and, therefore, are not directly or indirectly liable for any damages caused by the unlawfulness, quality, unavailability, error or uselessness of the content and / or services on Linked sites nor any other damage that is not directly attributable to wallapop.
7. Intellectual and industrial property
Industrial and intellectual property rights regarding the works, and benefits of any content or element affected by these rights (the “Content of the Service”) belong to their rightful owners. The User does not gain any intellectual or industrial property rights nor licence for these elements by their use of the Service.
Content, meaning, by way of example, the texts, photographs, graphics, images, icons, technology, software, databases and other audio-visual or sound content, as well as its graphic design and source code. This list is solely by way of example; it is not exhaustive, nor without limitation.
The text, images, graphics, sound, animation and video, software and appearance of the wallapop website are protected by intellectual and industrial property rights.
These elements can not be validly nor legally copied or distributed for commercial use, nor modified or applied to other websites without the prior and explicit consent of the owners.
The User declares the exclusive property of all rights shared by the works and benefits of any element protected by the industrial and intellectual property rights that are incorporated in the Service (henceforth, the “Content”).
The User freely and exclusively offers wallapop public communication rights, rights of reproduction, distribution and transformation of the the Content, in all the exploitation modalities that exist at the time of accepting the Terms and conditions for the complete duration of this agreement that covers the x x rights. Wallapop has no business relationship with the brands that Users may advertise on the Service and Apple do not sponsor nor participate in any way in the actions carried out by wallapop via the Service.
Any consultation relating to the above can be made via the User Help Service at email@example.com.
8. Uploading listings
The User must bear in mind that once they have decided to advertise an item as for sale, by doing so makes their item available to other Users to purchase.
When uploading an item, the User must take into consideration the following:
– Uploading listings with images of sexual content is prohibited.
– It is prohibited to upload ads related to sex, eroticism or fetishism nor is it allowed to offer services of massage or company and friendship.
– It is not allowed to advertise pyramid schemes or similar services.
– It is only possible to advertise one property per listing and this listing must be uploaded in the location where the property can be found.
– You may not look for collaborators for erotic services or massage services.
– You must not upload images or descriptions that do not correspond to the actual item on offer.
– You must not upload images of underage persons.
– You must not upload adverts related to animals.
– For individual user accounts, you may not upload more the 15 cars free of charge.
Any User who wants to purchase an item must bear in mind that when they commit to buying an item for an agreed price, they are entering into a legal contract with the other User. Likewise, the User must also consider that when purchasing an item, they become the person responsible for the Tax on Capital Transfers and Documented Legal Acts (Transmisiones Patrimoniales Onerosas y Actos Jurídicos Documentados [ITPAJD]), in the modality of TPO. The User holds wallapop totally exempt from fulfilling this obligation.
When uploading any items, the User must be aware of the wallapop rules of use.
9. Visibility services
Users can improve the visibility of their adverts on wallapop by taking on one of our “visibility services”.
The visibility services are optional and offer the User the chance to improve the position of their items.
These featured ads have a distinct look to those that are not featured and appear on the wall with a different appearance to the rest of the ads.
This service is available for all app users located in Spain, France, Portugal, UK, Gibraltar and Andorra.
Taking on one of these visibility options via the wallapop website is only possible in Spain.
Buying the features in the application is done via the stores (Google Play and iTunes, depending on if your device is Android or iOS). The payments are managed via these platforms and by using these services you agree to the terms and conditions of use.
Purchasing features via the website is carried out with the POS of Banc Sabadell with any of the following debit or credit cards VISA, MASTERCARD, MAESTRO and JCB.
It’s not possible to remove, reposition or change the service type nor duration once the advert has been featured. This includes instances where the advert has been removed by the moderation team or due to a technical incident.
Also, be aware that if you accidently remove or mark your item as sold before the contract period expires, the remaining duration of the visibility service will be lost.
When a visibility service is purchased via the website, the User receives a confirmation of purchase via email; to the email address that is linked to their wallapop profile. The purchase of features via the app can be done on app stores, both Google Play and iTunes who will provide you with proof of purchase.
In order to request an invoice for the purchase of visibility services via the website, it is necessary to contact us via the email address firstname.lastname@example.org. Wallapop will send the invoice within 15 calendar days of the necessary fiscal data being provided in order to complete the invoice.
Users requesting an invoice for purchases of features made via the app must contact Google Play or iTunes depending on the platform of the device from which they made the purchase.
It’s not possible to accidently purchase features as the buying process is made up of several steps in order to select and accept the Users options; therefore, any claim against this is inadmissible.
The prices and period of the feature service can vary depending on the different factors such as the type of product that is on promotion, your options and the area in which it is on promotion.
The duration and total price of the purchase is always shown to the User before they confirm the purchase.
The visibility services that have already been applied to a listing or profile cannot be reimbursed, regardless of the whether the item is currently not for sale or the profile is inactive.
The purchase of visibility services is not exempt from the rules and regulations stated to use wallapop.
In the case of making an unsuccessful payment for a feature via the website or if technical issues interrupt the payment process; the limit of 14 calendar days applies to request a refund for this feature.
Types of visibility services available?
Feature in your area
– Make your ad more appealing.
– Place your ad in the top positions on the wall.
– Include your ad in the collections for your area and in the other areas that make up your region unless your ad can be featured in the whole of the city.
Feature in your city
– Make your ad more appealing.
– Place your ad in the top positions on the wall.
– Include your ad in the collection of featured items in your area.
You can sign up for this service if your profile is set in the following locations: Barcelona, Madrid, Valencia, Sevilla, Zaragoza, Málaga, Alicante, Córdoba, Valladolid, Granada, Badalona, Terrassa, Sabadell, Sant Cugat del Vallès, Móstoles, L’Hospitalet de Llobregat, Alcalá de Henares, Palma de Mallorca, Mataró, Getafe, Murcia, Vigo, A Coruña, Marbella, Tarragona, Donostia-San Sebastián, Oviedo, Elche, Lleida, Santander, Viladecans, Girona, Gijón, Reus, Rubí, Pamplona y Bilbao
Featured in Spain
– Make your ad more appealing.
– Place your ad in the top positions on the wall.
– Include your ad in the app collections in all regions of Spain, regardless of the location set in your profile.
– Feature your profile for the next 30 days
– Activate the service of featuring your profile. Other Users will be able to mark your featured profile as one of their favourites and save it in their account.
– Featured profiles will be shown higher in the search results of other Users.
The “Wallapop PRO:” option is currently not available on the web version.
Reactivating expired ads
Wallapop reserves the right to charge for the reactivation of expired ads. In this case, the user will always be informed about the cost of the service before confirming their purchase. The User can deny this purchase at any time without cost to them.
In app subscriptions
The subscription can be canceled at any time.
Deleting your wallapop account or deleting the app from your device does not cancel the subscription, and, therefore, does not make you exempt from these payments.
The right to withdraw from these services is not possible once they have been applied.
10. Wallapop Shipping
Wallapop makes use of a courier service, that operates via Correos in order to deliver items purchased within the application.
During the purchase process, the user can use this shipping service for their deliveries. It is essential the whole transaction is carried out via the Wallapop chat and that the purchase is made in the wallapop app.
Mangopay is a platform that allows secure payments between Users via the internet, providing both the buyer and seller have registered with Mangopay and accepted the terms and conditions of the platform.
(Mangopay, property of Leetchi Corp, company based in 14 rue Aldringen, L-1118, Luxemburgo).
Wallapop informs their Users that they do not offer electronic payment systems nor do they act as an intermediary in such payments. Hence, Users who use the Mangopay platform enter into a contract with Mangopay with respect to their payment services and terms and conditions, of which wallapop forms no part.
As a result, any claim or dispute that is raised in relation to the services supplied by Mangopay must be made directly to them.
For security reasons, Mangopay may require the user to supply identification in order to process a transaction. This request, will be made when the total amount of the transactions made reaches or exceeds 1000 (one thousand) euros in sales or 2500 (two thousand five hundred) euros in purchases. Or, when a request is made by the platform (generally due to the detection of unusual activity for the payment method in question).
This document will be required by our Customer Service team who will manage the request with Mangopay.
Once you have chosen the delivery service, the app will send a tracking number to both the buyer and the seller, so that the item can be located at all times. The buyer will receive the item to the address supplied at the time of payment.
Weight limit: 30 kg per package.
– from 0 to 2 kg = 2,95€
– from 2 to 5 kg = 3,95€
– from 5 to 10 kg = 5,95€
– from 10 to 20 kg = 8,95€
– from 20 to 30 kg = 13,95€
Insurance: 1,95€ on orders up to 25€, from 25€ and up 10 % of the price of the purchase (including the wallapop administration fee and IVA).
Shipping areas: At the moment, this option is available for deliveries in the Spanish peninsula. The Canary Islands are not currently covered, nor are Ceuta or Melilla. International shipping is not available.
*When uploading an ad, the seller should indicate the appropriate weight range and size of the item (including packaging). The largest measurement may not exceed 170 cm and the total of the three measurements no more than 270 cm. If the correct weight limit is not specified, Correos will not accept the parcel for delivery.
How to sell step by step:
Just like with any transaction, when a user is interested in buying one of the items the seller is selling on Wallapop, the seller will receive a notification via the Wallapop chat that allows them to access a screen from which they can see all details of the offer received.
This screen will show the name of the user buying, the price offered for the article and whether they would like to use the shipping service.
– Delivery option. “Correos” must be selected if shipping has been requested in the offer you have received.
– Weight of the item for delivery.
– Sender’s return address. You must supply a valid return address for the package; in the case of it not being collected it will be returned to sender.
– The shipping costs are free to the seller and in this case you will see the message “It’s free!”.
Preparing the item for shipping:
The maximum weight allowed for each item shipped is 30 kg (per package).
The seller must be careful to select the correct package size in order to avoid additional costs from Correos.
So that the item arrives in the best conditions possible, it is recommendable to package it using specialised envelopes or padded envelopes. It is important to prepare the item carefully for shipping so that it does not suffer any damage during the transit process.
Wallapop will not be responsible in any case for damages caused as a consequence of incorrect or insufficient packaging.
Taking the package to Correos
The time limit to take the package to Correos is five calendar days from the date of the sale of the item. After this time limit of five days the code for Correos will no longer be valid and the amount will be automatically returned to the buyer.
It’s very important to respect the time limit: if it is not respected the transaction will be cancelled and the buyer will have to repeat the whole transaction process.
Tracking your delivery
Once the seller has accepted the payment we will send them a shipping code which will allow them to check the status of the delivery at any time. The seller will also be informed about the status via SMS to the telephone number you have stated in your seller profile. Receiving these messages is free of charge.
It is also possible to check the status of your package via the package locator on the Correos website.
Receiving your payment
The buyer has 3 business days to verify that the item is in working order. After that, time the payment will be transferred to the seller’s bank account and will be received within 48 hours, depending on the bank. The transfer is carried out following the regulations of SEPA, however, some banks may apply a commission for this service. This commission is not requested by the Mangopay platform, therefore any claim against this commission must be made directly to the bank in question.
Step by step how to use the Wallapop Shipping service:
A buyer who wants to purchase an item via the Wallapop application can begin a conversation with the buyer as usual, via the Wallapop chat, from where you can also confirm and buy your purchase. This step is essential in order to be able to use the Wallapop Shipping service.
The buyer can begin the purchasing process from the conversation screen with the seller, where they will find the button “Buy” located in the top right of the screen. Pressing this button leads to the purchase form from which they can complete the necessary details in order receive the item:
– Card details from which the payment will be taken (Spanish cards only).
– Send via Correos. This option must be selected.
– Delivery address (changes of address are not allowed).
– Mobile telephone number.
Once these fields have been completed you will see the total cost which will include:
– The price of the item.
– Cost of shipping.
– Administration fee.
– Total amount to be paid for the item.
The administration fee is based on the price of the purchase. It is essential to have made the payment via wallapop in order to use the shipping service.
Wallapop will generate an invoice to the buyer (if required) for the administration fees associated with using the shipping service. This document will be sent via email and will be separate from the email you will receive at the time of purchase, which will not be considered as an invoice.
If the buyer has any questions about the terms and conditions of use of the Wallapop payment service, they can check the payment services, below the total price to pay via the link “Terms and conditions of use” of Wallapop.
If the seller does not take the package to Correos within five days from the date of purchase, the transaction will be cancelled and the amount will be returned to the buyer within 48 business hours.
All payments made via wallapop system are secure and protected in that the money will not be transferred to the seller until 72 hours after the receipt of the parcel by the buyer once they have confirmed that the item is in working order.
In order to deliver the items, your personal details will be supplied to the third party operators of the postal service carrying out the delivery and between those contracted to carry out the transaction, who are contracted to act within the established regulations of personal data protection.
Tracking your delivery:
Once the seller accepts the transaction, the buyer will receive a tracking number via SMS to the telephone number listed in the buyer’s profile so that they can also check the status of the delivery. Additionally, the buyer will receive an SMS when the package is received by Correos and the shipping process begins. Receiving these messages if free of charge.
It is also possible to check the status of your package via the package locator on the Correos website.
If the parcel is not successfully delivered:
In the case of two failed attempts at delivery are made to the buyer’s address, the package will be kept at the Correos office in order to be collected by the buyer who will be advised of the delivery attempt. If the buyer does not collect the package within 15 days, it will be returned to the sender, they will not receive payment, and the costs for delivery and return of the package will be transferred to the buyer.
Consequently, in the case of the buyer not collecting the package they have been sent, they will become liable for the costs of the delivery and the return to sender.
Wallapop as an application that acts a simple mediator between the seller and buyer. Wallapop is not the owner of any of the goods on sale or sold on their platform; it takes no part in buying and selling transactions carried out exclusively by the buyer and seller. Wallapop does not moderate nor validate the items offered by the user via the Wallapop service and does not take any responsibility; directly, indirectly or subsequently for damages of any kind derived from the use or employment of its contents. They take no responsibility for the activities of the user and or third parties of the service. They are equally not responsible for the legality reliability, utility, veracity, accuracy, exhaustiveness and relevance of any transaction.
Generally, the items acquired via the Wallapop application cannot be returned except in cases where it has been agreed between the seller and the buyer. Similarly, the right to cancel the transactions does not belong to the Wallapop application. Except in the case of it being expressly acknowledged in the law, whereby, these rights may only be applied directly by the buyer before the seller. Wallapop will not take responsibility for any instance of noncompliance on the part of the seller.
Nonetheless, Wallapop offers out Customer Service who will act as an intermediary between the seller and the buyer in cases where the item the buyer has received is broken, faulty, not working or does not fit the initial description. In order to use this service, the buyer should contact Wallapop, in a period of no more than 48 hours after receipt of the item, at email@example.com Wallapop will not acknowledge any claims made outside of this period. Once the claim has been made, it will be assessed internally by Wallapop, and where applicable, Wallapop will process the return of the item and the reimbursement of the cost.
Wallapop will reimburse the cost as long as the case has been approved by our team.
The following items are excluded from our returns policy:
– Items that are banned in our rules for use.
– Items whose quality cannot be controlled (Cosmetics, perfumes, bottles of wine, etc).
– Faulty items or items sold for parts.
– Items of a different colour to the one stated in the description.
– Marked or dirty items with signs of use.
– Incomplete items; items that have pieces missing but are still able to be used (screws, buttons).
Once Wallapop has accepted the return, we will give the buyer a tracking number in order to take the item to the nearest Correos office within a period of 5 calendar days. Once the seller has received the item back, the refund will be credited to the buyer’s account within 72 business hours. If the item is not taken to Correos within the 5-day time limit, the seller’s account will be credited for the sale.
In order to make use of this service it is essential that the complete transaction was carried out via the Wallapop chat and the item purchased complies with our rules of use.
In the case of misdirection or loss of the item, wallapop will initiate the necessary procedures with Correos in order to determine what happened and compensate the buyer and seller where applicable. The resolution may take no more than 35 days.
In the case of the item being damaged in transport, wallapop will determine if the breakages were caused by Correos or were due to the incorrect packaging of the item. The buyer must supply the necessary proof to be able to evaluate the situation. If it is determined that Correos is responsible for the damage, we will open the relevant claim, which may take up to 30 days to be resolved. If the packaging was inappropriate for the item a credit or compensation will be made in accordance with the damage caused.
If it is not possible to deliver the item to its destination nor to return it the sender due to an incorrect address or other cause, the user has up to 60 days after being notified by us to make the relevant claim and recover the item via our forms of contact. After this time, it will not be possible to recover the item.
11. Null and Void Clauses
If any clause of these Terms and conditions is proclaimed to be partially or entirely null or void, this will only affect that provision or the part thereof that is invalid or ineffective. These Terms and conditions prevail in all other areas only the part that is declared totally or partially null will be deemed as such and not included.
12. Applied Legislation and competent jurisdiction
These Terms and conditions will be governed by and construed in accordance with Spanish Law. In the case of litigation between wallapop and a User, they may bring a case before the Spanish courts, corresponding to the address of wallapop, or before the courts in the location where the User is domiciled.