We inform you that we have updated our Terms and Conditions so you will have a better experience using Wallapop. To do so…

  • we have improved the text structure;
  • we have launched new subscription services;
  • you can now use the wallet as a new way to manage payments and…
  • Wallapop has arrived in Italy, so now your purchases and sales can also reach there.

 

Thank you for using Wallapop. We hope you find it fun and convenient. For the smooth running of the community, we need you to follow the proposed Terms and Conditions of Use, which will be applicable to users from 4 October 2021.

 

Wallapop Terms and Conditions of Use

These Terms and Conditions of Use (hereinafter, “Terms and Conditions”) establish the conditions under which users are offered access to Wallapop websites, services and applications (hereinafter, “the Service”), which is a platform that allows users to publish offers for the sale and purchase of a wide variety of items they own, as well as communication between users offering and users interested in purchasing the items offered and their geographical location, in order to complete the transaction.

Use of the Service confers the status of user to the person doing so (hereinafter referred to as “the User”) and implies full acceptance of these Terms and Conditions. If the User does not agree with all or part of these Terms and Conditions, the User must refrain from installing and using the Service.

By accepting these Terms and Conditions, the User declares:

That they have read, understand and comprehend the above.

That they assume all the obligations set forth herein.

That they are of legal age and have sufficient legal capacity to use the Service.

Acceptance of these Terms and Conditions by Users is a prior and indispensable step to using the Service. Wallapop reserves the right to update and/or modify the Terms and Conditions at any time and for any reason at its sole discretion. Wallapop will provide notice of any material change to the Terms and Conditions or to any Service or other feature of the Services. By accessing or using the Services after Wallapop has notified the User of a modification or update, the User agrees to be bound by the modified Terms and Conditions. If the modified Terms and Conditions are not acceptable to the User, the User’s only option is to cease using the Services.

  1. Service holder

The owner and proprietor of the Service is Wallapop S.L. (hereinafter, “Wallapop”), with registered office at Avenida Meridiana 89, 6th floor, C.P. 08026, Barcelona (Spain), with tax identification number B-66049057, incorporated on 23 May 2013, before the Notary Mr Rafael de Córdoba Benedito and registered in the Companies Register of Barcelona, Volume 46767, Folio 149, Page B-438613, 1st Inscription.

  1. Need for registration

In order to use the Service, the User must first register and accept these Terms and Conditions, the Privacy Policy, and the Cookies Policy.

The data entered by the User must be accurate, current and truthful. The registered User shall be responsible at all times for the safekeeping of their password, and shall therefore be liable for any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same, and must immediately inform Wallapop if they have reason to believe their password has been used in an unauthorised manner or is likely to be used in an unauthorised manner. In any case, the User is considered responsible for the access and/or use of the Service in relation to their account, and shall be liable in any case for such access and/or use.

By accepting the Terms and Conditions, the User consents to their data becoming part of Wallapop’s database and the processing of such data shall be in accordance with the provisions of the Privacy Policy

  1. Rules for the use of the service

The User undertakes to use the Service in accordance with the law, morality, public order and these Terms and Conditions. The User also undertakes to make proper use of the Service and not to use it for illegal or criminal activities, which infringe the rights of third parties or violate any rule of law.

The User undertakes not to transmit, introduce, disseminate and/or make available to third parties any type of material and information (items, objects, data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these Terms and Conditions. By way of example and in no way limiting or excluding, the User undertakes:

  1. Not to introduce or disseminate content or propaganda of a racist, xenophobic or pornographic nature, or that advocates terrorism or violates human rights.
  2. Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognised in the Constitution and in international treaties.
  3. Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
  4. Not to transmit unsolicited or unauthorised advertising, publicity material, “junk mail”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
  5. Not to introduce or disseminate any false, misleading, ambiguous or inaccurate information and content in a way that misleads or is likely to mislead the recipients of the information.
  6. Not to impersonate other Users of the Service or transfer the account access data or password to a third party without the consent of Wallapop.
  7. Not to disseminate, transfer or make available to third parties any type of information, element or content without the authorisation of the holders of the intellectual and industrial property rights that may apply to such information, element or content.
  8. Not to disseminate, transfer or make available to third parties any type of information, element or content that violates the secrecy of communications and personal data legislation.
  9. Not to disseminate, transfer or make available to third parties photographs or any representation or image of minors.
  10. Not to publish advertisements for items that require a prescription or that must be dispensed under the supervision of a doctor (doctor, dentist, optometrist, optician, pharmacist or veterinarian), or items that may influence the health of the individual (that have contraindications, interactions, etc.) or perishables of any kind.
  11. To have a health authority approval to publish advertisements related to any health activity (with the need to present the registration number or registration number of the centre).
  12. Not to create valuations of transactions that have not taken place.
  13. Not to report repeatedly in a false manner or incorrectly.
  14. To use Wallapop services correctly. For example, not creating user accounts to benefit from shipping service promotions or to avoid paying for professional subscriptions.

The User undertakes to indemnify Wallapop against any possible claim, fine, penalty or sanction that Wallapop may be obliged to bear as a result of the User’s failure to comply with any of the aforementioned rules of use, and Wallapop also reserves the right to request compensation for any damages that may be due.

  1. Exclusion of Users

Wallapop reserves the right to deny use of the Service, either temporarily or permanently, from any User who violates any of the rules set out in these Terms and Conditions, the law or morality. At its discretion, Wallapop may also exclude Users and even stop providing all or part of the Service when it deems it appropriate to improve the operation of the Service and/or the rest of the Users of the Service.

  1. Exclusion of liability

Wallapop does not own any of the items for sale or sold through its platform and is not a party of the sale and purchase transactions carried out exclusively between buyers and sellers, nor does it review or validate the products offered by Users through the Service, for which reason Wallapop shall not be liable, neither directly, indirectly, nor subsidiarily, for damages of any nature arising from the use and contracting of the content and activities of Users and/or third parties through the Service, or for the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of the same.

By way of example, and under no circumstances limited to, Wallapop shall not be liable for damages of any kind arising from:

  1. The use made by Users of the Service or the status, origin, possible inaccuracy or possible falsity of the data provided by Users or of the items offered through the Service.
  2. The content, information, opinions and statements of any User or third parties or entities that are communicated or displayed through the Service (including the sending of images via chat).
  3. The use that Users may make of the materials of the Service, whether prohibited or permitted, in infringement of intellectual and/or industrial property rights, confidential information, of the contents of the Service or of third parties.
  4. The carrying out of acts of unfair competition and unlawful advertising.
  5. The possible loss of User data due to causes not attributable to the Service.
  6. Access by minors to the content included in the Service.
  7. The unavailability, errors, access failures or lack of continuity of the Service.
  8. Failures or incidents that may occur in communications, erasure or incomplete transmissions.
  9. Non-operability or problems with the email address provided by the User.

Wallapop shall be solely and exclusively liable to the User for the Services it provides itself and for the content directly originated and identified with its copyright, and shall be limited, at most, to the amount of the sums received directly from the User by Wallapop, excluding in all cases liability for indirect damages or loss of profit.

Any claim or dispute that may arise between Users of the Service must be settled between them, and they undertake to hold Wallapop completely free from liability, without prejudice to which Wallapop shall make its best efforts to provide Users with a prompt and satisfactory solution through its Customer Service.

  1. Content and services linked through the Service

The Service may include technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter “Linked Sites”).

The User acknowledges and accepts that access to the Linked Sites shall be at the User’s sole risk and responsibility and exonerates Wallapop from any liability for any possible infringement of the intellectual or industrial property rights of the owners of the Linked Sites. Likewise, the User exonerates Wallapop from any responsibility for the technical availability of the Linked Sites, the quality, reliability, accuracy and/or veracity of the services, information, elements and/or content that the User may access.

In these cases, Wallapop shall only be liable for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers there is a Linked Site with unlawful or inappropriate content, they may notify Wallapop, without this notification entailing in any case the obligation to remove the corresponding link.

Under no circumstance shall the existence of Linked Sites presuppose the formalisation of agreements with the managers or owners of the same, nor the recommendation, promotion or identification of Wallapop with the statements, content or services provided. Wallapop has no knowledge of the content and services of the Linked Sites and therefore accepts no direct or indirect liability for any damage caused by the unlawfulness, quality, failure to update, unavailability, errors or uselessness of the content and/or services of the Linked Sites or for any other damage that is not directly attributable to Wallapop.

  1. Intellectual and industrial property

The industrial and intellectual property rights over the works, protected services and any content or elements with intellectual and industrial property rights that are used in the Service (the “Contents of the Service”) belong to their legitimate owners. By using the Service, the User does not acquire any intellectual or industrial property rights or any licence to use such elements.

The Contents of the Service are the texts, photographs, graphics, images, icons, technology, software, databases and other audiovisual or sound contents, as well as their graphic design and source codes used in the Service. This list is for illustrative and exemplary purposes only and is not exhaustive.

The text, images, graphics, sound files, animation files, video files, software and appearance of the Wallapop website are protected by intellectual and industrial property rights. These elements may not be validly and legitimately copied or distributed for commercial use, nor may they be modified or inserted on other websites without the prior express authorisation of their owners.

The User declares that they are the exclusive owner of all rights to the works, protected services and any other elements protected by intellectual or industrial property that they make available on the Service (hereinafter, the “Content”).

The User grants Wallapop, free of charge and exclusively, the rights of public communication, reproduction, distribution and transfer that it has over the Content, in all forms of exploitation existing on the date of acceptance of these Terms and Conditions, for the entire duration of the rights that are the object of the assignment, for the universal territorial scope.

Wallapop does not represent or have any business relationship with the brands that Users may advertise on the Service. 

  1. Publication of advertisements

There are a number of considerations to be taken into account by the User when placing advertisements, including the following:

  • Publishing advertisements with sexual images is not permitted.
  • Publishing advertisements related to sex, eroticism or fetishism, as well as those related to massages, companionship or friendship services is not permitted.
  • Advertising pyramid schemes or similar schemes is not permitted.
  • Only one property may be advertised per advertisement. In this case, the property must be advertised in the locality in which it is located.
  • Publishing images or descriptions that do not correspond to the item offered is not permitted.
  • Publishing images of minors is not permitted.
  • Posting animal-related advertisements is not permitted.
  • For some categories, there is a maximum limit of items that can be published free of charge.

In any case, the User must take into consideration the rules of publication when publishing their advertisements. 

For their part, the User interested in purchasing an item must bear in mind that when they undertake to purchase an item, for an established price, they are entering into a contract of sale with another User. Likewise, the User must bear in mind that when purchasing an item, they will be considered liable to pay the Tax on Transfer of Property and Documented Legal Acts (“ITPAJD”), TPO modality (Property Transfer), and are obliged to hold Wallapop completely free from liability in the event they do not comply with this obligation.

Users who publish a rental ad in some municipalities in Catalonia must include the Reference Price Index as required by “Law 11/2020, of 18 September, on urgent measures for rent containment in housing rental contracts”, which came into force in September 2020. Wallapop is fully indemnified in case of non-compliance with this obligation.

  1. Visibility services

Users may increase the visibility of their advertisements on Wallapop by contracting advertising preference services (“visibility services”). These are optional services that Users can take advantage of to improve the positioning of the advertised items.

Featured ads are a service offered by Wallapop to make ads more visible on the wall. There are different types of featured ads, which can be consulted here.

It is not possible to remove, move or change the type or duration of a highlight that has already been applied to an advertisement, regardless of whether the advertisement is removed by our moderation team or is affected by a technical issue.

If a featured ad is removed or marked as sold and the contracted period has not yet ended, the excess visibility time will be lost.

If the item is sold using Wallapop’s shipping service, the ad will be marked as sold automatically when the package is delivered to the buyer so that, if the contracted period has not yet ended, the excess visibility time will be lost.

To request an invoice for the purchase of visibility services, the User can find more information at the following link: Request invoice. In order to process this request through the website, Wallapop will require the applicant’s tax details, which are necessary to issue the invoice. 

The prices and durations of the available featured ad highlights may vary as they depend on several factors, such as the type of item being promoted, its demand, or the area in which you want to promote it.

Users are always informed of the visibility service chosen before finalising the purchase.

Visibility services that have been applied to an advertisement or a profile cannot be reimbursed regardless of the publication status of the advertisement or whether the profile is active or inactive.

In the event of a failure in the application of a visibility service contracted through the website, due to a technical incident, the deadline for requesting a refund is 14 calendar days from the purchase of the featured ad. 

Wallapop may charge for editing or reactivating an advertisement in certain versions of the application or the website. In such case, the User will always be duly informed of the cost of the service before confirming the purchase. The User will always have the possibility to refuse the service without incurring any costs.

If the location of a profile is changed, ads that have been featured since before the change is made will appear on the wall in the new area but will remain in the carousel (section in the application that shows a selection of products) and the featured collection of the location that was set when they were contracted.

The purchase of visibility services does not exempt from compliance with the publication rules established to operate on Wallapop.

For more information on visibility services, please click here

  1. Subscription service 

The Wallapop subscription service offers Users the possibility of subscribing to the types of subscriptions offered, available here. 

Subscriptions are automatically renewed until cancelled for an additional period equal to the period you agreed to when you subscribed. Subscriptions can be cancelled at any time, but will be effective until the end of the current period. 

Users may also change their subscription at any time to suit their needs.

Unregistering from Wallapop or deleting the Wallapop application from the device does not confirm the cancellation of the subscription, and therefore does not exempt you from continuing to pay for the subscription. 

In the event that a profile is deactivated by Wallapop due to a breach of the publication rules or the established Terms and Conditions, the User will receive a notification at the email address associated with the deactivated profile and it will be the User’s responsibility to unsubscribe. 

The right of withdrawal shall not apply to subscription services for which performance has begun.

Wallapop reserves the right to modify the subscription services at any time. The User will be notified and will have the right to change or cancel their subscription before the changes take place. 

This service is currently only available in Spain. For more information on the subscription service, please click here

  1. Wallet

The wallet is a Wallapop payment method. It is an easy and secure way through which users can manage the money resulting from the transactions they make through Wallapop. 

For more information on the Wallet, please click here.

  1. Wallapop shipping service

Wallapop has an integrated shipping service. This shipping service allows Users’ items to be shipped securely through Wallapop. Shipments are made with different shipping providers depending on the type of shipment and/or service. 

In order to make use of this service, it is essential that the entire transaction has been carried out through Wallapop and that the product purchased complies with our rules of coexistence.

For more information about the specific terms and conditions of the Wallapop shipping service, please click here.

Payment platform

Payments through the platform are made via Mangopay, which facilitates payments and collections between Users over the Internet in a secure manner. By using the Mangopay payment platform, both the buyer and seller accept the terms and conditions of use of the platform (Mangopay, owned by Leetchi Corp, a company with registered office at 14 rue Aldringen, L-1118, Luxembourg). 

In any case, Users must note that Wallapop does not provide electronic payment services nor does it act as an intermediary in their provision. Therefore, Users who use the payment platform shall enter into a contract with the payment platform with regard to payment services, to which Wallapop is not a party, and which shall be governed by the terms and conditions of the contract with the payment platform. 

Any claim or dispute that may arise in relation to the payment services provided by the payment platform should be handled through our customer service.

Security

All payments made using the Wallapop payment system are secure and protected in such a way that the money will not be transferred to the seller until 48 hours after receipt of the package by the buyer and as long as the buyer has not expressed their dissatisfaction with the item received. To enter the protection process, you must open a dispute or contact Wallapop no later than 48 hours after the delivery of the package. Any claim made 48 hours after receipt of the delivery notification, or if applicable, after the date of receipt as stated in the delivery information provided by the logistics provider, will be rejected. 

In order to deliver the products, your personal data will be provided to third party postal service operators who will be in charge of such management and to the parties who carry out the corresponding transaction or contract, in accordance with the provisions of the regulations on personal data protection. 

Your data may be shared and processed for fraud prevention or dispute management purposes.

Mediations

Wallapop is an application that acts as a mere intermediary between the seller and the buyer. Wallapop does not own any of the items for sale or sold through its platform and is not a party to the sale and purchase carried out exclusively between buyers and sellers. Wallapop does not review or validate the products offered by Users through the Service, and therefore Wallapop shall in no case be liable, either directly or indirectly, or subsidiarily, for damages of any kind arising from the use and contracting of the content and activities of Users and/or third parties through the Service, nor shall it be liable for the lack of legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of the same.

  1. Nullity and ineffectiveness of clauses

If any clauses of these Terms and Conditions is declared wholly or partly invalid or unenforceable, such invalidity or unenforceability shall only affect that clause or that part of it which is invalid or unenforceable, and these Terms and Conditions shall otherwise remain in full force and effect, and such clause or part of it shall be deemed not to be included.

  1. Applicable law and competent jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with Spanish law. In the event of a dispute between Wallapop and the User, the User may bring their action before the Spanish courts corresponding to Wallapop’s domicile, or before the courts of the place where the User is domiciled.