These Terms and Conditions of Use (hereinafter, the “Terms and Conditions”) establish the conditions under which users may access the websites, services, and applications of Aliqindoi (hereinafter, the “Service”), which is a platform that allows users to post offers to buy/sell used mobile phones.
By using the Service, the individual becomes a user of it (hereinafter, the “User”) and fully accepts these Terms and Conditions. If the User does not agree with all or part of these Terms and Conditions, they 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 content herein.
-
That they assume all the obligations set forth.
-
That they are of legal age and possess the legal capacity to use the Service.
Acceptance of these Terms and Conditions by Users is a prior and essential step for using the Service. Aliqindoi reserves the right to update and/or modify the Terms and Conditions at any time and for any reason at its sole discretion. Aliqindoi will notify Users of any material changes to the Terms and Conditions or to any other Service or feature. By accessing or using the Services after Aliqindoi 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, their only option is to stop using the Services.
1. Service Ownership
The owner and provider of the Service is Aliqindoi S.L. (hereinafter, “Aliqindoi”), with its registered office at Calle Marqués de Larios 4, 1st Floor, 29005 Málaga (Málaga), Spain, holding Tax ID B10781532, incorporated on June 7, 2022, before Notary Mr. Luis Plá Rubio and registered in the Commercial Registry of Málaga, Volume 6189, Page 35, Sheet MA-167963, Entry 1. Email: info@aliqindoi.com
2. Need for Registration
To use the Service, the acceptance of these Terms and Conditions and the Privacy and Cookie Policy is required. Registration is not currently enabled for users who use the Service to sell their devices.
The data entered by the User for carrying out the transaction must be accurate, current, and truthful. The registered User is always responsible for safeguarding their password and assumes any damages that may result from its misuse, including its disclosure or loss. The User must immediately inform Aliqindoi if they suspect that their password has been used without authorization or could be compromised. In any case, the User is responsible for access to and/or use of the Service in relation to their account.
By accepting the Terms and Conditions, the User consents to their data becoming part of Aliqindoi's file and agrees that the data will be processed according to the provisions set out in the Privacy Policy.
3. Rules for Use of the Service
The User agrees to use the Service in accordance with current legislation, morality, public order, and these Terms and Conditions. Likewise, the User agrees to make appropriate use of the Service and not to use it to carry out illegal activities or any acts that may constitute a crime, infringe on the rights of third parties, or violate any applicable law or these Terms and Conditions.
The User must not transmit, introduce, disseminate, and/or make available to third parties any type of material and information (products, objects, data, content, messages, drawings, sound or image files, photographs, software, etc.) that are contrary to the law, morality, public order, or these Terms and Conditions. By way of example, and in no event limited to or exclusive, the User agrees to:
-
Restore devices before selling them, deleting all personal content (their own or third-party data), thereby exempting Aliqindoi and other users from any liability for such data left on devices sold through the Service.
-
Sell/Buy/Return only devices free of password protection and any other lock that prevents full access, as if the device were new.
-
Only sell original brand devices (no counterfeits), unlocked from any account or operator, and not of fraudulent origin.
-
Disable 'Find My iPhone' for Apple products.
-
Not sell non-GSM phones.
-
Not upload or share content that is racist, xenophobic, pornographic, promotes terrorism or armed conflict, incites hatred, or violates human rights.
-
Not share content that infringes upon fundamental rights or public freedoms.
-
Not share illegal or unfair advertising.
-
Not send unsolicited or unauthorized advertising, spam, chain letters, pyramid schemes, etc.
-
Not publish false, misleading, ambiguous, or inaccurate information that may mislead others.
-
Not impersonate other users or share account credentials without Aliqindoi's consent.
-
Not share content without authorization from the intellectual or industrial property rights holders.
-
Not violate communication confidentiality or data protection laws.
-
Not upload images or representations of minors.
-
Not create reviews for transactions that did not occur.
-
Not repeatedly submit false reports.
-
Not create multiple accounts to benefit from promotions or avoid professional subscription fees.
-
Not extract or reuse substantial parts of Aliqindoi’s content without written permission (e.g., data scraping).
The User agrees to hold Aliqindoi harmless from any claims, fines, penalties, or sanctions arising from their breach of these rules and may be required to compensate for damages as applicable.
4. Confidentiality and Disclosure Obligations
Users agree to maintain strict confidentiality over any documents, images, data, and any commercial, legal, tax, and/or technical information related to Buyers or Sellers (as applicable) that they become aware of or have access to in the context of using the Service.
5. Exclusion of Users
Aliqindoi reserves the right to prevent any User from using the Service, either temporarily or permanently, if they violate any of the rules set out in these Terms and Conditions, the law, or moral standards. Aliqindoi may also, at its sole discretion, exclude Users or partially or fully suspend the Service whenever deemed appropriate to improve its operation and/or the experience of other Users.
6. Disclaimer of Liability
Aliqindoi is not the owner of any items listed or sold through its platform and is not a party to the transactions conducted exclusively between buyers and sellers. Nor does Aliqindoi review or validate the products listed by Users. Therefore, Aliqindoi shall not be held liable, either directly or indirectly, for any damages of any kind resulting from the use of or engagement with the content and activities of Users and/or third parties via the Service, including the legality, reliability, usefulness, truthfulness, accuracy, completeness, or timeliness of such content.
The customer releases Aliqindoi from any liability regarding claims, loss, or damage related to data stored or contained in the products. Neither Aliqindoi nor its affiliates shall be responsible for the information (images, contacts, etc.) the product may contain, and therefore shall not be liable for its loss.
By way of example and not limitation, Aliqindoi shall not be responsible for damages of any nature arising from:
-
The use of the Service by Users or the status, origin, potential inaccuracy, or falsity of data provided by Users or of the products offered.
-
The truthfulness of the information regarding the cosmetic or functional condition of the devices uploaded by Users.
-
The accuracy of the data provided by the testing system used during the Service. Buyers and sellers are responsible for verifying the proper operation of devices and reporting any issues not detected by the Aliqindoi testing process.
-
The content, information, opinions, and statements of any User or third parties that are communicated or displayed via the Service (including product uploads and interactions through support, incident, or customer service systems).
-
Images uploaded by Users for product listings and any resulting communications, claims, or disputes.
-
Any use of materials in violation of intellectual or industrial property rights, confidential information, or the rights of others.
-
Unfair competition or illicit advertising.
-
Loss of User data not attributable to the Service.
-
Access to the Service by minors.
-
Service unavailability, errors, access failures, or lack of continuity.
-
Communication issues, deletion, or incomplete transmissions.
-
Non-functioning or issues with email addresses, phone numbers, delivery addresses, or other data provided by Users.
Aliqindoi shall only be liable to the User for Services provided directly by it and for content originating from and identified by its copyright. Liability shall be limited, in any case, to the amount received directly from the User, excluding liability for indirect damages or loss of profit.
Any claim or dispute that may arise between Users of the Service must be resolved between them. Users agree to hold Aliqindoi entirely harmless. Nonetheless, Aliqindoi will make its best effort to assist Users in finding a prompt and satisfactory resolution through its Customer Support Service.
7. Linked Content and Services
The Service may include technical linking devices, directories, and even search tools and services that allow the User to access other web pages, internet portals, and services (hereinafter, “Linked Sites and Services”).
The User acknowledges and accepts that access to Linked Sites and Services is undertaken at their own risk and responsibility, and exempts Aliqindoi from any liability regarding potential infringements of intellectual or industrial property rights by the owners of the Linked Sites and Services. Likewise, the User exempts Aliqindoi from any liability regarding the technical availability, quality, reliability, accuracy, and/or truthfulness of the services, information, elements, and/or content accessed through those linked websites and services.
In such cases, Aliqindoi will only be responsible for content and services provided on Linked Sites and Services to the extent that it has actual knowledge of their illegality and has not acted with due diligence to disable the link. If the User believes a Linked Site contains illegal or inappropriate content, they may report it to Aliqindoi; however, such notification does not imply an obligation to remove the link.
Under no circumstances shall the existence of Linked Sites and Services imply any agreement between Aliqindoi and the responsible parties, nor endorsement, promotion, or association by Aliqindoi with the statements, content, or services offered by such third parties. Aliqindoi does not know the content or services provided by the Linked Sites and Services, and therefore shall not be liable, directly or indirectly, for any damages arising from the unlawfulness, quality, obsolescence, unavailability, errors, or ineffectiveness of the content and/or services of said Linked Sites and Services, or for any other damage not directly attributable to Aliqindoi.
8. Intellectual and Industrial Property
The industrial and intellectual property rights over the works, protected performances, and any content or elements protected by intellectual or industrial property laws used in the Service (the “Service Content”) belong to their legitimate owners. The User does not acquire any intellectual or industrial property rights, nor any license to use such elements, by using the Service.
Service Content includes, but is not limited to, texts, photographs, graphics, images, icons, technology, software, databases, audiovisual or sound content, as well as the graphic design and source code used in the Service.
The text, images, graphics, sound files, animations, videos, software, and overall appearance of the Aliqindoi website are protected by intellectual and industrial property rights. These elements may not be legally or validly copied or distributed for commercial use, nor modified or inserted into other websites without prior written consent from the rightful owners.
The User represents that they exclusively own all rights to the works, protected performances, and other elements protected by intellectual or industrial property rights incorporated into the Service (hereinafter, “User Content”).
The User grants Aliqindoi a free, exclusive license to publicly communicate, reproduce, distribute, and transform their User Content, in all forms of exploitation known as of the date of acceptance of these Terms and Conditions, for the entire term of the rights granted and on a worldwide basis.
Aliqindoi does not represent or maintain any business relationship with the brands Users may advertise on the Service.
9. Ad Posting
When posting ads, the User must consider the following:
-
Ads containing sexually explicit images are not allowed.
-
Ads related to sex, eroticism, fetishism, massages, companionship, or friendship are not allowed.
-
Ads with images protected by content licenses are not allowed.
-
Ads containing images or descriptions that do not match the actual item offered are not allowed.
-
Ads with images of minors are not allowed.
-
Users must follow all applicable posting rules.
A User interested in purchasing a product should note that agreeing to purchase an item at a set price constitutes a sales contract with another User. Additionally, the User will be subject to the applicable property transfer tax (“ITPAJD”) and agrees to hold Aliqindoi harmless for any noncompliance with this obligation.
10. Aliqindoi Testing
Aliqindoi does not review or validate the products listed by Users.
The testing service provides semi-automated information about various device functionalities and may require user interaction.
Users are responsible for the accuracy of all data entered during testing and must report any issues not detected by the system.
Aliqindoi’s testing system does not entail legal responsibility regarding the service provided or the condition of tested devices. The buyer is responsible for validating the device’s proper functioning within 48 hours* of receiving it (or as per the logistics provider’s data).
Accordingly, Aliqindoi is not liable for any damages arising from the use or contracting of content and activities by Users and/or third parties through the Service, nor for the legality, reliability, usefulness, truthfulness, accuracy, completeness, or timeliness of such content.
*The “Instant Sale” service is subject to the timelines specified in the terms of that service. Please consult the legal conditions of the Instant Sale service.
11. Cosmetic Condition Classification
Aliqindoi may request that Users selling a product classify its “general cosmetic condition.”
Users must provide truthful and accurate data for this classification. They are solely responsible for the reliability, usefulness, accuracy, and completeness of the classification provided.
For more details about cosmetic condition classification, please refer to the specific guidelines.
12. Instant Sale Service
Aliqindoi offers an “Instant Sale” option for specific brands, models, and cosmetic/functional conditions of listed devices.
For this service, Aliqindoi acts solely as an intermediary between buyer and seller. Aliqindoi does not own any items listed or sold on its platform and is not a party to transactions made solely between buyers and sellers.
For more information, please consult the legal terms of the Instant Sale service.
13. Aliqindoi Shipping Service
Aliqindoi offers an integrated shipping service that allows Users to safely ship their products. Shipments are handled through different logistics providers based on the shipping type and are managed via the payment and shipping gateway of our partner, Beseif Solutions S.L. (“Beseif”).
By using the Beseif platform, both buyer and seller accept its terms and conditions. (BESEIF SOLUTIONS S.L., a Spanish company with registered office at c/ Elisabete Maiztegi 7, Bajo A, 20014 San Sebastián (Gipuzkoa), Tax ID B75167189).
To consult Beseif’s terms of service, click here.
All transactions must be carried out through Aliqindoi, and purchased items must comply with our community guidelines.
Aliqindoi does not provide or intermediate shipping services. Users who use the shipping platform contract directly with Beseif, which governs such services under its own terms.
For more details on shipping services through Aliqindoi with Beseif, consult the relevant legal conditions.
Any claims or disputes about shipping must be directed to our customer support.
14. Payment Platform
Payments on the platform are processed via Beseif Solutions S.L. (“Beseif”), which enables secure transactions between Users. By using the payment platform, both buyer and seller accept Beseif’s terms of service.
To consult Beseif’s service conditions, click here.
Aliqindoi uses Beseif’s platform as a guarantee system: the buyer’s funds are held until either of the following occurs:
-
The user confirms correct device operation within 48h* of delivery, or such confirmation is reflected in our system via the logistics provider.
-
48h* have elapsed since delivery as confirmed by the logistics provider.
Aliqindoi does not offer or intermediate payment services. Users contract directly with Beseif regarding payment services, under Beseif’s terms and conditions.
All claims related to payments must be addressed through our customer service.
*The Instant Sale service is subject to specific timeframes detailed in its legal terms.
15. Security
All payments made through Aliqindoi’s system via the service provider are secure. Funds are not transferred to the seller until 48h* have passed since delivery. (Funds may not be reflected in the seller’s account until 48 business hours after buyer confirmation.)
To benefit from buyer protection, disputes must be raised within 48h* of delivery. Claims made after 48h* from the delivery notice (or based on logistics provider data) will be rejected.
Personal data may be shared with postal operators and parties to the transaction in accordance with data protection regulations.
Your data may be used to prevent fraud or manage disputes.
*The Instant Sale service is governed by the timelines outlined in its terms.
16. Mediation
Aliqindoi acts solely as an intermediary between buyers and sellers. It does not own any items listed or sold and is not a party to transactions. Aliqindoi does not review or validate listed products. The Aliqindoi testing system does not entail legal responsibility. Buyers are responsible for verifying device functionality and cosmetic classification within 48h* of receipt.
Aliqindoi shall not be held liable, directly or indirectly, for any damages resulting from use of the Service or related content, including legality, reliability, usefulness, truthfulness, or accuracy.
*The Instant Sale service is governed by the timelines specified in its legal conditions.
17. Nullity and Severability of Clauses
If any clause in these Terms and Conditions is declared wholly or partially null or ineffective, such nullity will only affect that provision or the relevant part, and the rest will remain in full force.
18. Applicable Law and Jurisdiction
These Terms and Conditions are governed by Spanish law. In the event of a dispute between Aliqindoi and the User, the User may submit the case to the courts of Aliqindoi’s registered address or their own place of residence.