Terms of Use

 

Auto Minima is an online platform offering scale model vehicles. We select models from different sellers so you can compare and purchase. The final step in purchasing products is carried out through affiliate links to third-party platforms.

To ensure that our online platform is secure and reliable for all our users, we have some important rules regarding purchases.

 

 

Article 1. Terms of use

 

Our Terms of Use (“Terms” for short) and other documents mentioned below are legally binding agreements between you and us. The Terms apply to your use of our website, including subpages and subdomains of the website, and all associated services.

Our Terms and Conditions are the rules governing browsing, purchasing and selling through Auto Minima. All users of our online platform must accept our Terms and Conditions and are subject to them.

We also offer additional guidance on our FAQ page. If there is any discrepancy between what is stated on that page and in the Terms and Conditions, the Terms and Conditions shall prevail.

All content on our website and in our applications, including these Terms and Conditions, was originally written in Spanish, but may be available in other languages. If there is any discrepancy between the version in these languages of any content on our website or in our applications and the Spanish version, the Spanish version shall prevail.

Our Terms and Conditions, policies and help page articles have been prepared in accordance with Spanish law. All legal terms and concepts used in these Terms and Conditions shall be interpreted in accordance with Spanish law.

 

 

Article 2. Rules for online sales

 

It is important that our transactions run smoothly. To maintain the integrity of our online platform and our sales, and to ensure that they are free from interference, fraud and illegal behaviour, the following rules apply:

  • Ensure that you are legally permitted to use our services.

You may only use our services if you are permitted to enter into legally binding contracts (for example, if you are legally of age).

  • Respect intellectual property

It is important that you respect the intellectual property rights (including copyright, trademark, patent, moral rights, database rights and others) belonging to Auto Minima or licensed to Auto Minima. You must also respect the intellectual property rights of other users and third parties affected by your use of our services.

  • Report illegal material

If you believe that certain user material is illegal, please let us know. We are only obliged to remove user material that is unequivocally illegal after it has been reported. We may refuse a request to block, remove user material or discontinue an activity if we have reasonable doubts about the validity of the report received or the legitimacy of the evidence provided.

  • Damaging our infrastructure is not permitted.

You may not take any action or use any software such as viruses, Trojan horses, worms, bots or other software or technical tools that could damage the functioning and infrastructure of our online platform. This includes reverse engineering, attempting to obtain the source code, making our platform inaccessible or circumventing technical protection measures.

 

 

Article 3. Auto Minima is an online platform.

 

Auto Minima is an online platform. We connect buyers and sellers.

  • We are an intermediary, not a seller.

Auto Minima is not a traditional online shop. We do not own any of the items advertised or sold on our online platform. This means that our buyers are sent via a link to a second platform to purchase directly from the sellers who advertise their items there.

We are not directly involved in the sales contract, as it is always carried out on associated external platforms. However, we guarantee that all payments are secure on these platforms.

  • Affiliate link model

If the buyer purchases the item, Auto Minima receives a commission from the external platform that hosts the products in origin. The link to the product is always accompanied by a disclosure text to ensure maximum transparency for the user.

The contract of sale between buyer and seller would be executed on this platform. Issues relating to this contract (breaches, cancellations or right of withdrawal) depend exclusively on the platform of origin and its Terms and Conditions.

 

 

Article 4. Steps outside our platform

 

We describe the steps that are usually taken to complete a purchase once you leave Auto Minima via an affiliate link (although this may differ from one platform to another):

  • Purchase the item

The person who has successfully used the option to purchase on the external platform enters into a binding sales contract with the seller. That sale shall be deemed executed once you have received an email confirming the sale. Under no circumstances shall the sale be deemed excecuted until full payment of the product price has been made.

As a buyer, you are responsible for checking whether there are any specific rules, restrictions or limits on importing an item into your country. You should also check whether you need to pay any additional costs related to these rules or restrictions. You are solely responsible for these types of expenses.

  • Shipping

Once the buyer has paid for the item, the seller will be notified. The seller will then acknowledge payment receipt and send the purchased item to the address provided by the buyer.

  • Article reception

When you receive your product, you may examine it to determine its nature, characteristics, and operation. This should be similar to how you would evaluate an item in a physical shop.

Most of the products sold on our online platform are delicate. When you remove your product from the packaging or examine it, please ensure you handle it with care.

 

 

Article 5. Claims outside our platform

 

We work hard to ensure that sales run smoothly by selecting highly rated sellers. However, in exceptional cases, a buyer or seller may be dissatisfied.

If you have problems with your product and are not satisfied with the seller’s solution, sometimes you have the option to cancel the purchase and return the item. The purchase price of the product would then be refunded.

When resolving a complaint, Auto Minima recommend following the guidelines recommended on the platform where the item was purchased. In the first instance, using tools such as internal messaging systems can help you find a direct solution with the seller. We encourage you to contact the seller through these systems (within 15 days since product receipt) to find a solution or request a partial refund.

  • Delayed delivery or collection

If your item does not arrive on time or the seller does not make it available for collection, you will need to contact the seller to find a solution. The delivery time indicated is for information purposes only and does not constitute grounds for termination of the sales contract, which means that if your item does not arrive on or before that date, the sales contract is not automatically terminated.

If, after an investigation by the transport company, the problem still cannot be resolved, the most satisfactory solution will be chosen.

  • Article descriptions

At Auto Minima, we strive to make product information as descriptive as possible. This sometimes involves adding product details that may not be described on the original platform. In these cases, we recommend contacting the seller to confirm this product feature, if it is important to you.

Similarly, if there is a conflict between the description of an item on Auto Minima and the source platform, please contact us: it could be a misprint on one of the two platforms. In the event of a complaint, please remember that the description on the original platform will prevail: all items are sold ‘as is’, i.e. in the same condition and state as described in the original advertisement. The buyer accepts the physical condition and state of the item as described in the advertisement.

  • Right of withdrawal

If you are an EU or UK citizen and purchase an item from a professional seller, you may have the right to withdraw from the purchase within 14 days of receiving the item. You may also be responsible for shipping or transporting the item back.

If you wish to cancel your purchase and the item has been damaged in any way that reduces its value, you must pay the seller for the damage. This excludes pre-existing damage or damage that occurred during shipping.

In most cases, you will be responsible for covering the cost of returning the item to the seller. You will also be responsible for ensuring that the item is adequately insured for return shipping, or covering the cost of loss or damage yourself if you choose not to insure it.

As an EU or UK consumer, if you purchase from a professional seller, you can also benefit from a minimum 2-year legal guarantee provided by the seller for items purchased on our online platform.

As an intermediary platform, our ability to mediate is very limited, as the sale takes place outside our platform. Likewise, as we only examine items virtually, some of its aspects are beyond our control: for example, we cannot verify with complete certainty whether an item is as described by the seller.

 

 

Article 6. Your obligations

 

As a buyer, you will have obligations during the purchasing process on our partner platforms. We explain some of them (without this being an exhaustive list) so that Auto Minima can be a source of quality traffic to these platforms:

  • Do not request a chargeback.

If you pay but request a chargeback even though the seller fulfilled their obligations, they may block your account, take legal action against you, and/or claim damages. To avoid such measures, if there is a problem with your item, always contact the platform.

  • Cancel only for legitimate reasons

If you have cancelled several orders, you may be suspended from purchasing. Your account may also be suspended and penalties may be applied. Sellers may also claim damages and assert any other rights they may have under a sales contract.

If you fail to fulfil your obligations to us or our partner platforms, the trustworthiness and reliability of our website could be directly affected. This also has potential consequences for you that you should be aware of.

  • We are entitled to claim payment for damages.

Failure to fulfil your obligations will often result in (economic) damage to us. We are entitled to get a compensation for this financial loss. Compensation will be sought in the appropriate instances, depending on the case.

We may enforce payment of any debt, damages and penalties owed or claimed by us outside of court, for example, through a debt collection agency, or in court (usually in the relevant court in Valencia, Spain).

 

 

Article 7. Disputes between you and us

 

If you are dissatisfied with our services or if you breach our Terms and Conditions, we will try to find a solution. If we cannot find a solution, you or we may seek resolution in or out of court.

  • For users and third parties

If you believe that we have been unable to achieve a satisfactory outcome after using our internal claims resolution system, you may contact a certified out-of-court dispute resolution body. If we are asked to participate, we will do so.

  • Report complaints about us within 6 months

If you have any complaints about us, especially if you believe we are not fulfilling our obligations, please let us know in writing within 6 months since the problem arose. If you report it after this period, we will consider your complaint to have expired and it can no longer be invoked against us.

  • We can compensate claims

We can set up a direct debit or compensate any economical claim we have against you, making up for a economical claim against you.

  • Limitation period

Any dispute against us, including, but not limited to, disputes for damages or related to improper payments or the fulfilment of obligations, shall lapse after a period of 12 months after notification.

This 12-month period also applies if you have reported a dispute and we (or a third-party service provider) have asked you for more information or details, such as your bank account details to send you a payment. If you do not respond within 12 months, we will consider the dispute to have expired. We will send you reminders to respond before the 12 months are up.

  • Applicable law and jurisdiction

The Terms and Conditions, your use of our online platform, and any disputes arising in connection therewith shall be governed exclusively by Spanish law.

Any dispute between you and us arising from your use of our online platform or these Terms shall be brought before the competent court in Valencia (Spain). If you are a consumer and consumer law permits it, you may bring it before another court. You must choose an alternative court within 1 month of notifying us of the dispute. If you do not do so within 1 month, the competent court in Valencia shall have exclusive jurisdiction.

  • We can take protective measures.

During the dispute process, we may take protective measures (explained in the following article).

 

 

Article 8. Keeping our platform secure

 

We may take certain measures if we detect irregular or suspicious situations that jeopardise the reliability or integrity of our platform, if we reasonably believe that there has been abuse of the system, fraudulent activity or there is another reasonable cause, or if a user breaches our Terms and Conditions. If this happens, you must follow each and every one of the reasonable instructions and solutions we provide.

  • We may limit your participation

We may temporarily or permanently suspend your ability to make purchases. Where possible, we will inform you of the reason for this. We may also remove any special status associated with your account or terminate any agreement between you and us.

  • We may restrict access to your account.

We may disable or deactivate your account at any time during the purchase process, or we may restrict your ability to access or update your account settings.

  • We can delete an object

We may remove an item from the catalogue without prior notice. For example, if the item is fraudulent, its seller has acted suspiciously, or if there are technical issues.

We may use these and other protective measures to keep Auto Minima a safe and fair place, free from infringing, fraudulent, or otherwise inappropriate behaviour, or to comply with applicable laws.

  • Reporting fraud

In cases where your actions may be considered fraudulent, we may report you to the law enforcement authorities (national and international).

  • Penalty for breaching our Terms and Conditions

Compensation of 15% of the purchase price of a product is provided for and agreed upon, with a minimum limit of €1,000, for each breach of the conditions accepted by users, when damage is caused to Auto Mínima or to third parties, unless the damage caused exceeds the agreed compensation.

 

 

Article 9. Nature of an online platform

 

Managing an online platform means that availability, security, and functionality are different from those of a physical marketplace. Because of this, there are some situations we cannot control or actions we need to take to keep Auto Minima safe and fair.

  • Availability

We may make changes to our online platform at any time. For example, for the following reasons:

        • correct any errors or omissions in any part of our online platform
        • test new features or make changes to existing ones
        • make any changes to the functionality or content of our online platform

We may also interrupt or stop the operation of parts or all of our online platform. For example, if we need to perform maintenance. We cannot guarantee that our online platform or any of its features will be available at any given time or in any particular location or for any particular user.

  • Security

We have a dedicated security team that monitors our platform for threats and works proactively to keep it secure. However, we cannot guarantee that we will not suffer a security breach, such as illegal access attempts or viruses.

  • Functionality

We do our utmost to listen to your feedback and improve constantly. However, we cannot guarantee that our online platform is error-free or that it will meet your expectations.

  • Product check

However, as the review process is virtual, we cannot guarantee the existence, quality, safety or legality of the items sold on our online platform, or that the items are as described by the seller. This is the sole responsibility of our sellers.

  • Independent users

Our users are independent. This means that we cannot guarantee the truthfulness or accuracy of user material, advertisements or seller comments, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.

  • Disclaimer

We cannot be held responsible for issues beyond our control or for actions we take to keep our platform secure and reliable. This includes, but is not limited to, any damage caused by the following:

      • Actions that violate our Terms and Conditions and the illegal use of our platform.
      • The provision of our services and our online platform, including, among other things, your use of our services.
      • Providing false or inaccurate account information, or failing to share any information or data we request.
      • Your item purchases in our online platform.
      • Your item returns.
      • Any user material that we may remove or change.
      • The condition or operation of items purchased through Auto Minima.
      • Any reasonable measures we take to resolve complaints or keep our platform secure and fair.
      • Errors in any of our published texts. For example, on our help page or in our Terms and Policies.
      • User material or communications that are illegal or infringe the rights of third parties.
      • Unavailability, technical issues, or other problems that limit your access to our platform.
  • Limitation of liability

If, despite the foregoing, we are liable for any (unlawful) act or omission, we can only be held liable for direct damages.

Direct damages only include actual losses (economic) and reasonable expenses incurred to prevent or limit damage or investigate the cause of the damage. We cannot be held liable for indirect damage, such as loss of income, loss of profits, reduction in income or loss due to stoppage. By signing this document, you expressly waive any liability on the part of Auto Mínima for such damage, as well as any claim in this regard.

This limitation of liability also applies to our management, directors, experts and other employees, representatives and legal successors.

This does not exclude our liability for gross negligence or wilful misconduct on our part or for damages resulting from injury to life, limb or health.

  • Compensation

If you breach these Terms, take improper action while using our services or online platform, breach any law, regulation or third-party rights, or commit an unlawful or fraudulent act, you agree, to the fullest extent permitted by applicable law, to fully indemnify us, our management, directors, experts, other employees, representatives, legal successors, and any company affiliated with us against claims from other users and third parties, and all damages and expenses we suffer or incur as a result of such act or omission on your part.

  • Non-execution

If for any reason we choose not to enforce any part of our agreements with you, this does not mean that we waive them or any other rights we have under our agreements.

 

 

Article 10. Modification of our Terms and Conditions

 

We may modify parts or all of our Terms, policies, guidelines, and help page at any time by posting the modified information on our online platform. If a modification to the Terms significantly affects your rights or obligations, we will send you an email or inform you of the changes when you use our online platform or the affected services.

  • Acceptance of the amended Terms and Conditions

If you continue to use our online platform after the Terms have been modified or supplemented, you irrevocably accept the modified or supplemented Terms.

  • Rejection of the amended Terms and Conditions

If you do not wish to accept the amended or supplemented Terms and Conditions, you will not be able to continue using the online platform and we will have to delete your account.

  • Divisibility

If any part of our Terms is invalid for any reason, you will still be bound by the rest of the Terms. We aim to replace the invalid parts of the Terms with the correct information as soon as possible. The updated parts of the Terms will have the same legal effect as the invalid parts they replace.

  • Transfer of rights to a third party

We may transfer the rights and obligations arising from these Terms to third parties. By accepting these Terms, you agree to such transfer of rights.

 

 

Article 11. Contact

 

If you have any questions about our online platform, our services or our Terms and Conditions, or if you encounter technical problems, our experienced in-house support team is available to assist you. We strive to respond in a timely manner and, where possible, provide an answer or solution.