The following are examples of uses that are unauthorized on the Site or when using the Site Services:
If Your use of Abilista Marketplace results in the need for servicing, repair or correction of your equipment, software or data, you assume all costs thereof. We and Our licensors do not guarantee that the Abilista Marketplace, or its content, will be error free and do not accept liability for, without limitation, any errors, omissions, loss or damage arising from Your use of the Abilista Marketplace, its content, or the Abilista Services, including damage caused by viruses or harmful code. We will use reasonable efforts to correct any errors or omissions in the Abilista Marketplace as soon as reasonably practicable after being notified of them.
Abilista disclaims all liability for any use or application of the content on the Abilista Marketplace. Abilista does not warrant that (a) the results of use of the Abilista Marketplace or its content, and/or the Abilista Services will meet Your requirements or will enable You to attain the objectives You have set for yourself, or (b) the Abilista Marketplace or its content will be uninterrupted or error free. You are solely responsible for assessing and assuming the risks associated with the use of any content of the Abilista Marketplace, including the availability, accuracy, and entirety of such content. We and Our licensors exclude all warranties and representations for the Abilista Marketplace and Abilista Services, including, without limitation, any implied warranties of merchantability, fitness or a particular purpose, title and non-infringement.
The disclaimers and limitations above apply to the maximum extent permitted by applicable law. To the extent permitted by applicable law, You irrevocably agree not to assert any intellectual property rights You may own, control or have the right to license that may relate to or be included into the Abilista Marketplace and/or the Abilista Services against Abilista.
You expressly agree that Your use of the Abilista Marketplace is at Your sole risk.
To the extent permitted by applicable law, Abilista and their officers, directors, employees, shareholders or agents exclude all liability and responsibility for any kind of loss or damage caused to You or to a third party in connection with the Abilista Marketplace, its content, and/or the Abilista Services including, without limitation, any indirect, punitive or consequential loss or damages, loss of profits, expenses, loss of data, loss of software packages, damaged or lost hardware, including the costs incurred in recovering, reproducing, or repairing such losses or damage, whether in tort (including without limitation negligence), contract or otherwise.
To the maximum extent permitted by applicable mandatory law, if You use an Abilista Service where We are not involved in transactions between Users, You agree to release Us from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between such Users, including damages related to the electronic funds transfer (payment of a debt, product, donation, loan, undue payment, etc.), the validity or accuracy of the payment, and errors or inaccuracies in the information provided to Clients by Providers.
Abilista seeks to provide uninterrupted access to the Abilista Marketplace, however We may suspend, withdraw or restrict the availability of all or any part of the Abilista Marketplace for business and operational reasons. We undertake to provide You with reasonable notice of any suspension, withdrawal or restriction. We reserve the right to modify or discontinue the Abilista Marketplace and the Abilista Services at any time, with or without notice, but We will undertake to provide reasonable notice of any major changes. You agree that We are not liable to You or to any third party for any modification, suspension or discontinuance of the Abilista Marketplace or the Abilista Services. Please note that even if the Abilista Marketplace is available worldwide, this does not mean that part or all of the Abilista Services are available in Your country.
Your use of the Abilista Marketplace and Abilista Services must comply with all applicable laws and regulations .
Abilista has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Abilista of the site. Use of any such linked site is at the user’s own risk.
You may link to the Abilista Marketplace subject to the following conditions:
In order to fully use the Abilista Marketplace and the Abilista Services, You must create an Abilista Account and provide certain required information, including but not limited to an account name and password. You agree to (a) provide true, accurate, current and complete information, and (b) maintain and promptly update Your profile to keep it accurate and complete. You are fully responsible for maintaining the confidentiality of Your password and Abilista Account.
As described in this Section, there are a number of different Account types. You agree not to have or register for more than one Account without express written permission from us. We reserve the right to revoke the privileges of the Account or access to or use of the Site or Site Services, and those of any and all linked Accounts without warning or compensation if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
You may decide to close Your Account at any time after registration. To close Your Account, You must send a request in writing to our support email address email@example.com. The closure of Your Abilista Account will not release Our right to keep all Your transaction history.
By using Abilista Marketplace, Clients are able to share and upload certain information related to a Project for the purpose of requesting and ordering Provider’s Services. The Site allows Clients to specify such Content by using predefined forms and by uploading Project files into the Site.
A Project describes the scope of work, including Project files, Project specifications, and Project instructions, that will allow Providers to submit Offers or Quotes to deliver the Project to the Client.
Clients agree to make the Content of a Project and their Client’s profile information visible to other Users in Abilista Marketplace for the purpose of requesting Provider’s Services related to a particular Project.
Providers have access to certain Projects published by Clients in the Abilista Marketplace. Providers are able to see the details of the Project and may download certain files for the sole purpose of providing an accurate Offer for their Provider’s Services.
Providers may submit their formal Offers or Quotes for a Project through the Abilista Marketplace, by indicating the Order’s Cost for the Service, delivery date of the Project, payment terms, and comments or remarks about the Quote.
Providers agree to make their Quotes and Provider’s profile information visible to other Users in Abilista Marketplace for the purpose of offering Provider’s Services related to a particular Project.
An Order takes place when a Client confirms a Provider’s Offer or Quote submitted through the Abilista Marketplace. The confirmation of an Order implies the agreement with the Order’s Cost and all conditions specified in the Provider’s Quote.
The confirmation of an Order implies a bidding agreement from the Client to purchase the Provider’s Service at the specified Order’s Cost, and triggers a formal Purchase Order to the Provider.
The Provider will be notified of the Order who will take the necessary steps to deliver the Project according to the conditions specified in the Purchase Order. The Provider agrees to notify through the Abilista Marketplace of the progress of the Order, including but not limited to preparation of raw materials, start of fabrication, fabrication completion, and shipment delivery. The Provider agrees to communicate to the Client through the Abilista Marketplace any delays, quality problems or other issues affecting the correct delivery of the Services as soon as they acknowledge them.
You hereby acknowledge and agree that Users publish and request Abilista to publish on their behalf information on the Site about the User, such as feedback, ratings, comments, geographical location, or verification of identity or credentials. However, such information is based solely on unverified data that Providers or Clients voluntarily submit to Abilista and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Abilista; Abilista provides such information solely for the convenience of Users.
You acknowledge and agree that User feedback benefits the marketplace, all Users, and the efficiency of the Site and you specifically request that Abilista post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the Site. You acknowledge and agree that feedback results for you, wherever referenced, and other User Content highlighted by Abilista on the Site, if any, will include User comments, User ratings, indicators of User satisfaction, and other feedback left exclusively by other Users. You further acknowledge and agree that Abilista will make the above mentioned feedback available to other Users. Abilista provides its feedback system as a means through which Users can share their opinions of other Users publicly, and Abilista does not monitor, influence, contribute to or censor these opinions. You acknowledge and agree that posted feedback relates only to the business advertised in the Profile and not to any individual person. You agree not to use the feedback system to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.
Once an Order is confirmed on the Site, the selected Provider will make all commercially reasonable efforts to have the Order manufactured according to the Project’s specifications and within the delivery lead time indicated in the Provider’s Quote.
Upon delivery of an Order, the Provider must include the shipment tracking number of the Order through the Abilista Platform. Upon reception of the Order, the Client should inspect the Project and its components carefully. The Order will be deemed accepted upon delivery to the Client if no dispute is opened within fourteen (14) days (“Delivery Period”) from the delivery of the Order.
The Client acknowledges and agrees that Abilista is not responsible for the end quality of the Project manufactured by the Provider or any damage to the Project during its shipment.
The Client is solely responsible for the Project’s specifications, and the manufacture of certain Project’s components in accordance with such specifications may be impossible or otherwise commercially impracticable, Abilista does not warrant that the Project can or will be manufactured in accordance with the Project’s specifications. In addition, except as expressly provided herein, Abilista does not warrant that the part will meet your requirements or will be merchantable or fit for your particular purpose.
Providers pay Abilista a “Service Fee” for the use of the Site Services. Abilista charges Service Fees to Providers for quoting on Projects from Clients and for using the Site’s communication, invoicing, reporting, dispute resolution and payment services, including facilitating arbitration services as described in the applicable section (see Section Disputes and Arbitration).
When a Client pays a Provider for a Project, or when funds related to a Project are otherwise released to a Provider as described in the applicable section (see Section Payment Terms), Provider’s account will be credited for the full amount paid or released, and then subtract and disburse to Abilista the Service Fee. The Provider hereby irrevocably authorizes and instructs our third party payment service provider to deduct the Service Fee from the Provider’s account and pay Abilista on Provider’s behalf.
There may be a foreign currency conversion charge on the payments processed by our third party payment service provider; the rate may differ from rates that are in effect on the date of the payment.
Abilista does not charge any Service Fee to Clients for the Orders placed through the Platform. However, the Client may incur in fees applicable by our third party payment service provider when proceeding with the payment of an Order.
Additionally, the Client may choose to pay for gaining access to certain features related to posting Projects on the Abilista Platform or for requesting professional advice for their Projects.
All payments made in connection with the Abilista Marketplace are processed through a third party payment service provider. All transactions are protected and Your banking information is solely known by Our banking subcontractor(s) as mentioned on the Abilista Marketplace and do not go through Abilista Marketplace.
When the Client confirms an Order on the Site, the Client automatically and irrevocably authorizes and instructs Abilista to charge Client’s Payment Method for the Order’s Cost.
Abilista, through the third party payment service provider, disburses funds that are available and payable to Users following one of below scenarios:
If there is an open dispute between the Client and the Provider, the release of funds will proceed according to the dispute or the Arbitration process instructions (see Section Disputes and Arbitration).
Since each Order is custom manufactured, the Client may not cancel an Order once it has been placed. Clients and Providers are encouraged to come to a mutual agreement if refunds or cancellations are necessary. Abilista, at its sole discretion, may permit a Client to cancel an order, if no agreement with the Provider has been reached, and may charge a fee, not to exceed 100% of the total Order’s Cost, for any costs incurred by the Provider during the preparation and fabrication of the Order until the date of the cancellation of the applicable Order.
Abilista may, at any time during the quotation, ordering and the manufacturing process, revoke and/or cancel any Provider’s Quote or Order, if there are technical or other reasons (such as a concern about intellectual property ownership of the design or the legality of the Project) to do so. In such a case, Abilista will reimburse the Client the amount paid for such Order, if any.
Abilista reserves the right to issue refunds or credits at our sole discretion, or as required by applicable law. If we issue a refund or credit in one instance, this does not obligate Abilista to issue the same refund or credit in the future.
Please contact firstname.lastname@example.org with any questions you have regarding this policy.
In order to use certain Site Services, the Client must provide account information for at least one valid Payment Method.
In the event that there is any issue with an Order, the Client shall notify Abilista within the fourteen (14) days Delivery Period following the delivery of the Order, by opening a dispute (“Dispute”) to the Provider for the applicable Order.
The Client may have at least one of the following reasons to open a Dispute:
Both parties may pursue a dispute independently, but Clients and Providers acknowledge and agree that Abilista will not and is not obligated to provide any dispute assistance beyond what is described in this document.
No Disputes will be accepted unless the Client notifies Abilista about any issue within the Delivery Period. If the Client fails to open a Dispute within the Delivery Period, Abilista or the Provider shall have no further obligations with respect to such Order and all sales will be deemed final.
The Client may open a Dispute in the Abilista Platform by accessing the Order’s details. The Dispute will trigger the following actions:
In the event that both parties can’t reach an agreement to the Dispute, they have the right to demand arbitration following the Arbitration process (“Arbitration”) stated below. If the Client and the Provider do not choose to arbitrate, both parties agree that Abilista is authorized and irrevocably instructed to immediately release all funds to the Client.
The Client and the Provider may choose to enter the Arbitration process within thirty (30) days since a Dispute has been filled. No Arbitration will be facilitated by Abilista past the thirty (30) days period.
Any such Arbitration will be conducted by a neutral third-party Arbitration service. By default, Arbitration will be conducted by the European Centre of Arbitration unless Abilista chooses another Arbitration service.
By requesting the Arbitration, the Client and the Provider agrees that the Dispute shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance.
When a User demands Arbitration, Abilista will provide the User with instructions on initiating the Arbitration. The Arbitration rules for each are set out in the following link from the European Centre of Arbitration:
The European Centre of Arbitration is solely a third-party arbitration service provider. Abilista has no direct or indirect affiliate, partnership, joint venture, ownership or control relationship with or interest in the European Centre of Arbitration. Abilista assumes no responsibility or liability for the services of the European Centre of Arbitration.
If the Provider or Client intends to obtain an order from any arbitrator or any court that might direct Abilista to take or refrain from taking any action with respect to an Order, that party will (a) give us at least five (5) business days’ prior notice of the hearing; (b) include in any such order a provision that, as a precondition to obligation affecting Abilista, will be paid in full for any amounts to which we would otherwise be entitled; and (c) be paid for the reasonable value of the services to be rendered pursuant to such order.
Abilista claims no intellectual property rights over the material the Users provide on the Site.
You acknowledge that Abilista owns all right, title and interest in and to the Site and the Site Service, including without limitation all intellectual property rights, and such rights are protected by Spain and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Site or the Site Service.
Abilista Studio S.L.
C/ Cronista Carreres 13, 5
46003 Valencia, Spain
Registro Mercantil de Valencia, tomo 10836, folio 20, hoja V-193206