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 27 September, 2022.

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.

2. 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. 

3. 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, armed conflict, incitement to hatred or that 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.
15. You may not systematically extract or reuse part or all of the content of the Wallapop Services without our express written consent. In particular, the use of search and data mining tools or robots for the extraction (whether on one or several occasions) of substantial parts of the Wallapop Services for reuse is not permitted without our express written consent.

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.

4.  Infringement by 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. 

5. 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.

6. 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.

7. 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. 

8. 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.

9. 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.

The prices related to the visibility service include the Value Added Tax of 21%. In those cases where, by application of the rules of localization of the tax established in Law 37/1992, of December 28, 1992, on Value Added Tax, the tax rate is not applicable, Wallapop undertakes to adjust the amount of the tax rate.

Our visibility payment solutions are provided by Mangopay, S.A., a limited liability company incorporated under Luxembourg law whose registered office is located at 2, Avenue Amélie, L-1125 Luxembourg and which is registered with the Luxembourg Commerce and Companies Registry under number B173459 (“Mangopay”). Mangopay is an e-money institution authorized and regulated by the Luxembourg financial sector supervisory body (Commission de Surveillance du Secteur Financier). Mangopay processes payments made within our platform and stores information related to credit cards, debit cards, PayPal and any other payment method supported by Wallapop for this type of transactions.

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

10. 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 stated Terms and Conditions, the user shall receive a notification at the email address associated with the deactivated profile.

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. 

The prices relating to the subscription service include the Value Added Tax of 21%. In those cases in which, by application of the rules of localization of the tax established in Law 37/1992, of December 28, 1992, on Value Added Tax, the tax rate is not applicable, Wallapop undertakes to adjust the amount of the tax rate.

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

Payment platform in the subscription service

Wallapop does not provide electronic payment services nor does it intermediate in their provision. In order to use the subscription service on our platform, you must enter into an agreement with Stripe Payments Europe, Ltd, with registered office at 1 Grand Canal Street Lower, Dublin (Ireland) (“Stripe”). Stripe manages the payment services through the regulated entity of its group Stripe Technology Europe, Limited, a company domiciled at 1 Grand Canal Street Lower, Dublin (Ireland) and with identification number C187865, an electronic money institution authorized and regulated by the Central Bank of Ireland.

To contract the subscription service from Wallapop, you must register as a user of Stripe, proceeding to the corresponding reading and acceptance of its terms and conditions, privacy policy, as well as other relevant legal texts which are duly accessible through its web portal.

By accessing and making any purchase operation of the subscription services from Wallapop you confirm that you have carefully read, understood and agree with the Terms&Conditions of use and privacy policy from Wallapop and Stripe respectively.

11. Payment methods

Below we explain how you can pay for the products you buy from Wallapop. Our payment methods can be used in both in-person transactions and remote transactions where you have used the shipping service from Wallapop except for payment via PayPal, which is currently only available when using the shipping service.

Our payment solutions for remote and face-to-face transactions are provided by Mangopay, S.A., a limited liability company incorporated under Luxembourg law whose registered office is located at 2, Avenue Amélie, L-1125 Luxembourg and which is registered with the Luxembourg Commerce and Companies Registry under number B173459 (“Mangopay”). Mangopay is an e-money institution authorized and regulated by the Luxembourg financial sector supervisory body (Commission de Surveillance du Secteur Financier).

Mangopay processes payments made within our platform and stores information relating to credit cards, debit cards, PayPal and any other payment method supported on Wallapop for these types of transactions.

Wallapop does not provide electronic payment services nor does it intermediate in their provision.

By accessing and making any payment transaction on Wallapop using the integrated payment services of Mangopay, the user confirms that he/she has carefully read, understood and accepted the terms and conditions of use and privacy policy, and other legal texts of Mangopay, as well as those of Wallapop.

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

For more information on payment methods, please click here.

Payment by credit card

You can pay the price of the items you want to buy by credit or debit card. If we suspect that the credit or debit card is not yours, we may ask you for more information to verify that the card or payment method corresponds to you.

Payment with PayPal

You can also pay for the items you are interested in with PayPal from Wallapop. For more information about the use of PayPal from Wallapop check here.

Payment with the wallet

The wallet is one of the payment methods supported by Wallapop. It is an easy and secure way through which users can manage the money of the transactions they make from Wallapop.

If you want to buy a product and you have balance in the electronic wallet, the balance will be automatically used preferentially. If you do not have enough balance in the wallet for the purchase of the product you are interested in, you can cover the rest of the price to be paid through other payment methods available depending on the type of transaction.

For more information about the wallet, check here.

12. 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.

The prices related to the shipping service include the Value Added Tax of 21%. In those cases in which, by application of the rules of localization of the tax established in Law 37/1992, of December 28, 1992, on Value Added Tax, the tax rate is not applicable, Wallapop undertakes to adjust the amount of the tax rate.

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 through Mangopay, which allows payments and collections between Users through the Internet in a secure way. Check our “11. Payment Methods” section above for more information.

Security

All payments made in transactions that require our shipping service using any of our payment systems 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 his disagreement with the product 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.

13. 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.

14. 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.

Last revision: 3 May 2023

Terms and Conditions for Business Users

1.- Am I a business user on Wallapop?

According to the European Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (hereinafter, “P2B Regulation”), if you are a business user on Wallapop you have a series of rights and obligations that you must know.

Before being informed of these rights and obligations, you must know what should be understood as a business user to determine if these Terms and Conditions for Business Users  (hereinafter, the “Conditions”) apply to you or not.

In this regard, we will help you with the following definition: according to the current regulation, a “business user” is considered to be any private individual acting within the framework of a commercial or professional activity or any legal entity (e.g. a company, foundation, or association) that offers goods or services to consumer users through our platform for purposes relating to their trade, business, craft, or profession (hereinafter, “Business User”).

2.- Definitions

According to the abovementioned P2B Regulation, there are several definitions that can be of your interest as a Business User in order to properly understand these Conditions.

Without limitation, the following definitions are highlighted:

– “Online intermediation services” means services which constitute information society services; allow Business Users to offer goods or services to consumers, with a view to facilitating the initiation of direct transactions between those Business Users and consumers, irrespective of where those transactions are ultimately concluded; and are provided to Business Users on the basis of contractual relationships between the provider of those services and Business Users which offer goods or services to consumers.

– “Provider of online intermediation services” means any natural or legal person which provides, or which offers to provide, online intermediation services to Business Users. In these Conditions, the Provider of online intermediation services is Wallapop.

– “Consumer” means any natural person who is acting for purposes which are outside this person’s trade, business, craft or profession.

– “Ranking” means the relative prominence given to the goods or services offered through online intermediation services (such as those provided by Wallapop), organised, or communicated by the Providers of online intermediation services, irrespective of the technological means used for such presentation, organisation or communication. This is the criteria used by Wallapop to post on its platform the user’s advertisements.

– “Mediation” means a structured process whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a mediator.

– “Durable medium” means any instrument which enables Business Users to store information addressed personally to them in a way accessible for future reference and for a period of time adequate for the purposes of the information and allows the unchanged reproduction of the information stored.

3.- Applicable Conditions

These Conditions describe your rights and responsibilities regarding your use of our platform (the “Services”). If you are a Business User (as defined above), these Conditions govern your access to and use of our Services in addition to the Terms and Conditions of use and our Privacy Policy, applicable to all users.

P2B Regulation and these Conditions are applicable both to Wallapop and to you if you are a Business User. They are therefore legally binding.

These Conditions, the Terms and Conditions of use and the Privacy Policy, together form a binding contract between the Business User and Wallapop. If you use a specific service such as a payment or delivery service, its terms and conditions will also form part of the contract. The terms “we”, “our”, and “us” refer to Wallapop, S.L.

Please note that if you identify any contradiction between these Conditions and the Terms and Conditions of use, these Conditions shall take precedence.

4.- What do you have to take into account in the event that these Conditions are modified?

Wallapop shall notify Business Users in a durable medium of any proposed content modifications to these Conditions.

The proposed modifications shall not be implemented before the end of the notification period, which shall be reasonable and proportionate with respect to the nature and extent of the intended changes as well as the consequences for the Business User.

The notice period shall be at least fifteen (15) days from the date on which Wallapop communicates the proposed changes. Longer periods shall be provided where necessary to allow Business Users to make technical or commercial adjustments to comply with the modifications.

The Business User affected by such changes shall have the right to terminate the contract before the expiry of the notice period. Such termination shall be effective within fifteen (15) days from the receipt of the notice, unless a shorter period applies to the contract.

The Business User affected may waive the notice period, either in writing or by clear affirmative action, at any time after receipt of the notice.

During the notice period, the offer of new goods or services shall be deemed a clear affirmative action to waive the notice period, except in cases where the notice period is longer than fifteen (15) days.

The fifteen (15) day notice period shall not apply where Wallapop:

1. Is subject to a legal or regulatory obligation that requires it to modify the Conditions in a way that does not allow Wallapop to comply with the notice period.
2. Must exceptionally modify the Conditions in order to address an unforeseen and imminent danger related to the defence of online intermediary services, consumers or Business Users against fraud, malware, spam, data security breaches, other cybersecurity risks or similar risks.

Wallapop shall not impose retroactive modifications to the Conditions, except where it must comply with a legal or regulatory obligation or where retroactive modifications are beneficial to Business Users.

5.- Reasons why a decision to suspend or restrict Wallapop’s Service may be triggered

There are a number of circumstances which may lead to the restriction, suspension or termination of the Services of your Wallapop account as a Business User.

Your account Services may be suspended in the following cases:

1. For security reasons. We may suspend your account for security reasons, or due to reorganisation of IT resources and in order to improve their provision or configuration. In such cases, we will do our best to keep disruptions to a minimum.
2. If you do not comply with our rules of use. If you do not comply with the rules for the use of the Service regulated in clause 3 and/or the rules for the publication of advertisements regulated in clause 8 of the Terms and Conditions of use. In this case, Wallapop will contact you to inform you of this situation, unless one of the exceptions is applicable which exempts Wallapop from notifying this fact in accordance with the regulations, as will be explained below.
3. If one of your advertisements is reported by users or third parties as fraudulent or illegal. In such case, the advertisement will be disabled from the Wallapop platform and you will be notified. Wallapop will offer you the opportunity to clarify the facts and circumstances that led to the decision of disabling the advertisement, as mentioned above, insofar as the exceptions to the duty to notify the suspension or restriction do not apply.

The suspension or restriction of the Services of the Business User account implies that you will not be able to access the advertisements published on the Wallapop platform for the duration of the suspension or that you will not be able to access the advertisements that have been disabled. When you solve the issue after Wallapop has notified you of this suspension or restriction/disabling of the advertisement(s), you will be able to access your Business User account or the disabled advertisement(s) again and, if applicable, publish the advertisement(s) again.

In these cases of suspension, restriction, or disabling of advertisements, Wallapop will notify you beforehand or simultaneously about the action to be taken on your account or your advertisements. Specifically, Wallapop will send you a written communication indicating the reasons for the suspension or restriction of Services. The communication may be sent via the email address provided by you when registering as a Business User or by any other means that is considered to be a durable medium.

There are certain exceptions to the duty to notify the suspension/restriction of Services and the reasons why they were undertaken. Wallapop does not have to provide a statement of reasons where it is subject to a legal or regulatory obligation not to state the specific facts or circumstances or reference to the applicable reason(s), or where it can demonstrate that the Business User has repeatedly breached these Conditions or the Terms and Conditions of use.

The suspension or restriction of the Services or the removal of advertisements due to these reasons shall not give rise to any right to compensation or remuneration that you may claim from Wallapop.

In the event of temporary suspension, restriction or disabling, you may use the dispute resolution system set up by Wallapop for Business Users. This system has been set up to manage possible claims and discrepancies that may arise between Wallapop and you during the provision of the Services linked to your account. You can obtain more information about this system in clauses 9 and 10 of these Conditions.

In case of restriction or suspension, Wallapop gives the Business User the opportunity to clarify the facts and circumstances within the framework of the internal complaint handling procedure.

When the restriction or suspension is revoked by Wallapop, it shall without undue delay reinstate the Business User, including with regard to access to personal or other data that was generated by their use of the Services before the restriction or suspension took effect.

6.- Reasons why a decision to terminate Wallapop’s Service may be triggered

We inform you that in certain cases Wallapop may proceed to the early termination of the Service contract linked to your Business User account.

The following are causes for early termination of the provision of Services linked to your account:

1. Failure to pay for the Services contracted as a Business User.
2. Repeated non-compliance of the rules for the use of the Service regulated in clause 3 and/or the rules for the publication of advertisements regulated in clause 8 of the Terms and Conditions of use.
3. Unilateral early termination by Wallapop or the Business User with thirty (30) calendar days’ notice. The notice shall be given by written notice to the other party in the event of a serious breach by the other party of any of the obligations set out in these Conditions or the Terms and Conditions of use, provided that the defaulting party has not remedied the breach within this period. The communication may be sent via the email address provided by you when registering as a Business User or by any other means that is considered to be a durable medium.
4. Early and unilateral termination by the Business User, at any time and without giving any reason whatsoever, with thirty (30) days’ notice.

In the event of early termination of the Services linked to the Business User’s account due to a manifest infringement by Wallapop, you may be entitled to a refund of the proportional part already paid for such Services in advance.

The early termination of the Services does not extinguish or modify the rights and obligations of the Business Users or Wallapop arising prior to the early termination of the Services. In other words, invoices issued or to be issued for Services provided by Wallapop up to the effective date of termination shall be deemed due and payable and shall be passed on to the Business User.

If Wallapop terminates all of the Business User’s Services, it shall provide the Business User, at least thirty (30) days before the termination takes effect, with a statement of the reasons justifying the decision on a durable medium.

This period shall not apply when Wallapop (neither the written statement):

1. Is subject to a legal or regulatory obligation that requires it to terminate or restrict the provision of all Services to a Business User in a way that does not allow it to respect such notice period.
2. Exercises its right of termination for an overriding reason under applicable regulations.
3. Can prove that the Business User concerned has repeatedly breached these Conditions and/or the Terms and Conditions of use, resulting in the termination or restriction of the Services.

7.- What are the consequences of the termination of Wallapop’s Services?

In the event of termination of the Services, as a Business User you have a migration period of thirty (30) additional calendar days from the end of the contracted period of Services. Or, in the event of non-compliance, you shall have the aforementioned thirty (30) day period, which shall commence with the notification announcing the termination.

During this period of time, you may download the information and content generated on the Wallapop platform. After this period of time, Wallapop will definitively remove all the content that you have generated as a Business User from its database and will definitively close your Business User account.

If the reason for termination of the Services is because you have breached the Terms and Conditions of use as a Business User, you will have ten (10) days to justify your action before terminating the Services. If, after a review, Wallapop considers that you have not acted against the Terms and Conditions of use, these Conditions and/or the Privacy Policy of Wallapop, we will reinstate access to your business account and the contents of your account.

During the time periods provided for in this section, you can use the available dispute resolution and complaints system. More information about this complaints system can be found in clauses 9 and 10.

In the event of termination, Wallapop offers the Business User the opportunity to clarify the facts and circumstances within the framework of the internal complaint handling procedure.

When the termination is revoked by Wallapop, it shall without undue delay reinstate the Business User, including with regard to access to personal or other data, or both, that was generated by his or her use of the Services before the restriction or suspension took effect.

8.- What are the criteria for classifying advertisements?

The ranking and visibility of advertisements on Wallapop is carried out based on different criteria such as:

• The date of publication, in chronological order.
• The use of filtering tools offered by our platform, which allows users to select search criteria.
• The existence of paid subscriptions and featured ads.

The criteria that have the greatest impact on the ranking of advertisements and their visibility are paid subscriptions and featured advertisements, which are also paid. The characteristics of subscriptions and featured advertisements are described in the descriptions of such Services located in the help center on the Wallapop website. It should be clear that the criteria that influence the visibility of advertisements the most are those services where the user pays for a special publication service.

Wallapop will maintain and periodically update the variations that may occur in the criteria for the classification of advertisements on its platform.

9.- Find out about our complaints and mediation system

We have set up a free internal complaints handling system to ensure that as a Business User you have a channel through which you can send us complaints. It is everyone’s responsibility to ensure that this channel is useful and can resolve complaints within a reasonable period of time.

As a Business User, you will be able to file a complaint in these cases:

1. When you consider that we have not complied with any of our obligations in accordance with the P2B Regulation.
2. When technological problems occur that are directly related to the provision of Services and affect you.
3. When it is based on specific measures or conduct of Wallapop that are directly linked to the provision of Services and affect you.

Once we receive a complaint, we will analyse it with the utmost diligence. In doing so, we will take into account the relevance of the problem raised and the specific circumstances of each case. We will provide you with a reasoned response on the outcome of the procedure in an understandable and individualised written notification.

Please note that during the resolution of the complaint, we may maintain the decision to suspend, restrict or terminate the Service early and, after the complaint has been resolved, measures may be taken to reverse the situation if necessary. We also inform you that as a Business User you may at any time initiate a legal complaint if you deem it appropriate, whether or not the internal complaint procedure has been resolved.

In order to improve the processes, we undertake to verify, at least annually, the correct functioning of this system and, if necessary, make the appropriate changes to improve its effectiveness. If any changes are made to its operation, we will inform you about the amendment of these Conditions.

To file a complaint, you should contact us through this form.

Once the complaint has been received, it will be dealt with internally. Each complaint will be reviewed by a group of Wallapop professionals who will be in charge of resolving it. These professionals will have sufficient knowledge of customer service and of Wallapop’s business model, as well as sufficient legal knowledge to be able to deal with complaints objectively and in accordance with the law.

However, remember that you still have the Wallapop customer service system at your disposal for all issues that may not be as complex or do not involve a claim as such. Evaluate what your situation is and which is the ideal channel for an optimal solution to your problem.

On behalf of Wallapop we will inform you periodically about the use of this system by publishing information about the use that users make of the complaints system. In particular, we will annually verify the information on the functioning and effectiveness of the complaint system and, where significant modifications are necessary, update this information.

This information will specify:

• Total number of complaints submitted.
• Main types of complaints.
• Average time taken to process them.
• Information aggregated in relation to the outcome of complaints.

10.- Can I as a Business User use alternative mediation systems?

If, despite submitting a complaint and once it has been resolved, you still consider that we have not resolved the dispute, you can access mediation systems to try to resolve the dispute out of court.

In accordance with the above, Wallapop will provide two dispute resolution mediators whose actions will meet the following requirements:

• They shall be impartial and independent
• Their mediation services shall be affordable for Wallapop Business Users.
• May provide mediation services in the language of the Conditions governing the contractual relationship,
• They shall be easily accessible either physically at the establishment or residence of the Business User or remotely using communication technologies.
• They shall be able to provide their mediation services without undue delay.
• They shall have sufficient knowledge to be able to contribute effectively to the resolution of disputes.

Accordingly, Wallapop provides access to the following dispute resolution mediators:

• Confianza Online
• Conflict Management Advisers Mediación B2B

In addition to the above, other mediation entities of recognised prestige may be appointed.

Please note that Wallapop will bear a reasonable part of the costs of mediation in each individual case, but the rest of the costs shall be charged to the Business User who has requested mediation.

Finally, we would like to inform you that going to mediation does not remove your right to take legal action, which we can also take. In other words, mediation is an option, not an obligation, and at no time will it limit the rights of either party to effective judicial protection.

11.- How do we process personal data at Wallapop?

Our Privacy Policy gives a detailed explanation of how Wallapop processes your personal data.