Abilista Site Terms and Conditions of Use

Effective April 10, 2020

This document states the Terms and Conditions of Use (hereinafter “Terms of Use” or “Site Terms”) governing Your  (“you” or “User”) use of the Abilista Marketplace (the “Marketplace” or “Platform”) website located at  www.abilista.com or any part of the rest of the Site (“Site”) or the Site Services (“Services”), which sole owner is Abilista Studio S.L. (“Abilista,” “we,” or “us”), a private limited company located in Spain.

By using this Abilista Marketplace, by providing us with information, or by using the Services offered by the Abilista Marketplace, You signify that You agree to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If You do not accept the following Terms of Use, do not use the Abilista Marketplace or the Services provided herein.

 

We reserve the right to revise or modify the Terms of Use at any time, with or without notice, but We will undertake to provide reasonable notice of any major changes. By using the Site you are agreeing to be bound by the then current version of these Terms of Use.

Content:

  • Key Terms
  • Description of Services
  • Acceptable Use
  • Examples Of Unauthorized Uses Of The Site
  • Enforcement
  • Reporting And Correcting Violations
  • Disclaimer and Limitations
  • Site Access
  • Links
  • Use of the Marketplace and Services
  • Accounts
  • Client Account
  • Provider Account
  • Projects
  • Offers or Quotes
  • Orders
  • Feedback And Reviews
  • Order Fulfillment
  • Service Fees
  • Service Fees For Providers
  • VAT And Other Taxes
  • Payment Terms
  • Client Payments On Orders
  • Release Of Funds To Users
  • Special Release of Funds
  • Cancellation and Refund Policy
  • Payment Methods
  • Disputes and Arbitration
  • Dispute Process
  • Arbitration process
  • Governing Law
  • Intellectual Property
  • Privacy Policy
  • Contact us

Key Terms

    • Abilista Marketplace or Platform means the online workspace provided by Abilista to facilitate the creation of Projects, submission of Content, communication and transactions between Clients and Providers.
    • User, You or Your means the individual or legal entity creating an Abilista Account and using the Site or Site Services. 
    • Account means a User’s professional account created upon registration to the Site or Site Services. 
    • Site Services means the services offered by Abilista to Clients and Providers, on the Abilista Marketplace. 
    • Project means the description of work, specifications and related Content that is defined by a Client in the Abilista Marketplace for the intention of requesting and ordering Provider’s Services.
    • Content means any content submitted by a User on the Abilista Marketplace, including but not limited to any images, files, videos, text, drawings, and 3D printable files. 
    • Client means a User who requests and/or purchases Provider’s Services through the Abilista Marketplace. 
    • Client’s Request means an specific request of Provider’s Services related to a particular Project with the intention to receive a formal Provider’s Offer to deliver such Project.
    • Provider means a User who is legally authorized to conduct business and who offers Provider’s Services to Clients through the Abilista Marketplace. 
    • Provider’s Services means services offered by the Provider through the Abilista Marketplace. 
    • Provider’s Offer or Quote means a bidding Offer, Quote or Proposal submitted by the Provider in the Abilista Marketplace for the Provider’s Services related to a particular Project.
    • Order’s Cost means the purchase price owed by the Client for the Provider’s Services, including any applicable taxes and any shipping costs. 
    • Order means a formal purchase order placed by a Client, through the Abilista Marketplace, for a Provider’s Service.

1. Description of Services

The Abilista Marketplace is a marketplace allowing Clients, subject to acceptance of these Terms of Use, to use, order and/or purchase Providers’ Services and Abilista Services. Subject to the Terms of Use, Abilista provides the Site Services to Users, including hosting and maintaining the Site, facilitating the transaction of Provider’s Services, and assisting Users in resolving disputes which may arise in connection with those Provider’s Services.

Provider’s Services may be subject to the Provider’s own terms of sale for such services. Any such additional terms of sale will be shared by the Provider on the Abilista Marketplace and must be accepted by the Client prior to placing an Order. If the Provider’s terms of sale are inconsistent with the Abilista Marketplace Terms of Use, the Abilista Terms of Use will prevail. 

 

2. Acceptable Use

You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless Abilista and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms. The Service is made available to you, your company, and/or your customers only for commercial use, which must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. Any unauthorized use of any Abilista Service is a violation of the Terms of Use and certain country laws. Such violations may subject the unauthorized User to civil and criminal penalties.

Abilista reserves the right to terminate any account at any time that it finds in violation of its Terms of Use without refund. You have the right to cancel your account at any time without penalty. In the event of account cancellation you will lose all data related to your account.

2.1 Examples Of Unauthorized Uses Of The Site

The following are examples of uses that are unauthorized on the Site or when using the Site Services:

  • Seeking, offering, promoting, or endorsing and services, content, or activities that:
    • are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;
    • would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website;
    • would violate (a) Abilista’s Terms of Use, (b) the Terms of Use of another website or any similar contractual obligations, or (c) the academic policies of any educational institution;
    • regard the creation, publication, distribution of “fake news”, “hoax news” or similar false content purposefully intended to mislead readers for financial or other gain;
    • regard or promote in any way any escort services, prostitution, or sexual acts; or
    • are harassing toward another person based on the person’s inclusion in a protected class as defined by applicable law;
  • Fraudulent or misleading uses or content, including:
    • misrepresenting your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own;
    • using a profile photo that misrepresents your identity or represents you as someone else;
    • impersonating any person or entity, including, but not limited to, an Abilista representative, forum leader, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
    • falsely stating or implying a relationship with another User;
    • falsely attributing statements to any Abilista representative, forum leader, guide or host;
    • Falsely stating or implying a relationship with Abilista or with another company with whom you do not have a relationship;
    • allowing another person to use your account, which is misleading to other Users; or
    • falsely stating that one Provider will perform the work on a job when another will in fact perform the work.
  • Expressing an unlawful preference in a Project description or otherwise unlawfully discriminating on a protected basis;
  • Posting identifying information concerning another person;
  • Attempting to or actually manipulating or misusing the feedback system, including by:
    • withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User;
    • attempting to coerce another User by threatening to give negative feedback;
    • expressing views unrelated to the work, such as political, religious, or social commentary, in the feedback system;
    • providing anything of value to any person (including to a third-party who provides assistance in obtaining feedback) or using any service of any type in order to obtain feedback; or
    • offering services for the sole purpose of obtaining positive feedback of any kind;
  • Duplicating or sharing accounts;
  • Selling, trading, or giving an account to another person without Abilista’s consent;
  • Sharing or soliciting contact information, such as email, phone number, or Skype ID, in a profile or project description;
  • Directly or indirectly, advertising or promoting another website, product, or service or soliciting other Users for other websites, products, or services, including advertising on Abilista to recruit Users to join another website or company;
    • interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site;
    • bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
    • attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
    • using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
    • attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;
    • collecting or harvesting any personally identifiable information, including Account names, from the Site;
    • attempting to or imposing an unreasonable or disproportionately large load (as determined in Abilista’s sole discretion) on the Site’s infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of Abilista or any third party;
    • accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
    • framing or linking to the Site or Site Services except as permitted in writing by Abilista
  • Conduct or actions that could jeopardize the integrity of or circumvent the Site, Site Services or Abilista’s proprietary information, including:
    • attempting to or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law or Abilista; or
    • accessing or using the Site or Site Services to build a similar service or application, identify or solicit Abilista Users, or publish any performance or any benchmark test or analysis relating to the Site.

2.2 Enforcement

We reserve the right, but do not assume the obligation, to investigate any potential violation of this Section or any other potential violation of these Terms of Use and to remove, disable access to, or modify any content on the Site. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Use.

2.3 Reporting And Correcting Violations

If you become aware of any violation of these Terms of Use, you must immediately report it to info@abilista.com. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Terms of Use.

3. Disclaimer and Limitations

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. 

 

You will defend, indemnify and hold harmless Us (and Our employees and agents) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) relating to any claim that arises out of or relates to: (a) any actual or alleged breach of these Terms of Use; or (b) Your own website or other sales channels, the Provider’s Services, any Content You post on the Abilista Marketplace, any infringement of any intellectual property or proprietary rights by any Provider’s Services You sell or use, or any Content You provide. 

4. Site Access

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 .

5. Links

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: 

  • You may not remove, distort or otherwise alter the size or appearance of Our logos; 
  • You may not create a frame or any other browser or border environment around the Abilista Marketplace; 
  • You may not imply We endorse any of Provider’s products or services; 
  • You may not present any false information about Us; 
  • You may not use any of Our trademarks displayed on the Abilista Marketplace without Our prior express written permission; 
  • Your website linking to the Abilista Marketplace may not contain content that is distasteful, offensive or controversial towards Us or any third party, infringe any intellectual property rights or other rights of any other person, or otherwise violate any applicable law or regulation.

6. Use of the Marketplace and Services

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. 

 

By creating an account, You represent and warrant that (a) You are at least 18 years old, (b) You have the legal right to accept these Terms of Use, (c) You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business, and (d) You are not barred from receiving products and services under the laws of any applicable jurisdiction. 

 

We will process the personal data that You will provide to Us according to our Privacy Policy described in Section Privacy Policy). 

 

6.1 Accounts

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 support@abilista.com. The closure of Your Abilista Account will not release Our right to keep all Your transaction history.

 

6.1.1 Client Account

You can register for an Account or add an Account type to use the Site and Site Services as a Client (a “Client Account”). Any user using the Site and Site Services for the purpose of searching for or using Provider’s Services is a Client for purposes of the Terms of Use.

6.1.2 Service Provider Account

You can register for an Account or add an Account type to use the Site and Site Services as a Provider (a “Provider Account”). Any user using the Site and Site Services for the purpose of searching for Client’s Projects or offering Provider’s Services is a Provider for purposes of the Terms of Use.

6.2 Projects

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. 

6.3 Offers or Quotes

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. 

 

6.4 Orders

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.

 

6.5 Feedback And Reviews

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.

Abilista does not generally investigate any remarks posted by Users or other User Content for accuracy or reliability and does not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content if such User Content is legally actionable or defamatory. Abilista is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Abilista reserves the right (but is under no obligation) to remove posted feedback or information that, in Abilista’s sole judgment, violates the Terms of Use or negatively affects our Marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of Abilista. You acknowledge and agree that you will notify Abilista of any error or inaccurate statement in your feedback results, and that if you do not do so, Abilista may rely on the accuracy of such information.

7. Order Fulfillment

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.

 

8. Service Fees

8.1 Service Fees For Providers

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.

8.2 Fees For Clients

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. 

 

8.3 VAT And Other Taxes

Abilista may be required by applicable law to collect taxes or levies including, without limitation, withholding income tax or VAT (while some countries may refer to VAT using other terms, e.g. GST, we’ll just refer to VAT, GST and any local sales taxes collectively as “VAT”) in the jurisdiction of the Provider (the “Taxes“). In such instances, any amounts Abilista is required to collect or withhold for the payment of any such Taxes shall be collected in addition to the fees owed to Abilista under the Terms of Use.

 

9. Payment Terms 

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.

Payment processing services for Users on Abilista Marketplace are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the Abilista’s Terms of Use or continuing to operate as a User on Abilista, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Abilista enabling payment processing services through Stripe, you agree to provide Abilista accurate and complete information about you and your business, and you authorize Abilista to share it and transaction information related to your use of the payment processing services provided by Stripe.

 

9.1 Client Payments On Orders

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. 

If Client is in “default”, meaning the Client fails to pay the Order’s Cost or any other amounts when due under the Terms of Use, or a written agreement for payment terms incorporating the Terms of Use (signed by an authorized representative of Abilista), we may, without notice, temporarily or permanently close Client’s Account and revoke Client’s access to the Site and Site Services, including Client’s authority to use the Site to process any additional payments, or obtain any additional Provider’s Services through the Site. However, the Client will remain responsible for any amounts that accrue on any open Projects at the time a limitation is put on the Client’s Account as a result of the default. Without limiting other available remedies, the Client must pay Abilista upon demand for any amounts owed, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.

 

9.2 Release Of Funds To Users

Abilista, through the third party payment service provider, disburses funds that are available and payable to Users following one of below scenarios: 

  1. Upon confirmation by the Client that the Order has been received and accepted, Abilista is authorized to manually release the funds to the Provider.
  2. The Client does not take any action for fourteen (14) days from the date of the delivery of an Order and no dispute has been opened, in which case the Provider and the Client agree that Abilista is authorized and irrevocably instructed to immediately release to the Provider the amount associated with applicable Order.
  3. The Provider cancels an Order before payment has been released to the Provider’s bank account, in which case the funds are to be returned to the Client.
  4. The Client and the Provider agree to close an Order without release of funds, in which case the funds are to be returned to the Client.

9.3 Special Release of Funds

If Abilista believes, at its sole discretion, that fraud, an illegal act, or a violation of Abilista’s Terms of Use has been committed or is being committed or attempted, in which case the Client and the Provider irrevocably authorize and instruct Abilista to take such actions as deemed appropriate at its sole discretion and in accordance with applicable law, in order to prevent or remedy such acts, including without limitation to return the funds associated with such acts to their source of payment.

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).

9.4 Cancellation and Refund Policy

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 support@abilista.com with any questions you have regarding this policy.

 

   9.5  Payment Methods

In order to use certain Site Services, the Client must provide account information for at least one valid Payment Method.

Client hereby authorizes Abilista or a third party payment service provider  to run credit card authorizations on all credit cards provided by Client, to store credit card and banking or other financial details as Client’s method of payment consistent with our Privacy Policy (see Section Privacy Policy), and to charge Client’s credit card (or any other Payment Method) for the Order’s Cost and any other amounts owed under the Terms of Use. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information.

By providing Payment Method information through the Site and authorizing payments with the Payment Method, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information; (b) Client is legally authorized to make payments using the Payment Method(s); (c) if Client is an employee or agent of a company or person that owns the Payment Method, that Client is authorized by the company or person to use the Payment Method to make payments on Abilista; and (d) such actions do not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law. When a Client authorizes a payment using a Payment Method via the Site, the Client represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Use cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means.

 

10. Disputes and Arbitration

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:

  • The Order has not been received at the Client’s specified address within the Delivery Period.
  • The Project has been reasonably damaged during or prior to the Order shipment from the Provider
  • The Project’s components fail to comply with the applicable Project’s specifications

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.

10.1 Dispute Process

The Client may open a Dispute in the Abilista Platform by accessing the Order’s details. The Dispute will trigger the following actions: 

  1. A request from Abilista to the Client to provide evidence, such as photos of the non-conforming components or other supporting documentation, to evaluate the non-conformance. Such evidence may be shared through the Abilista Platform or, alternatively, by email at support@abilista.com.
  2. Abilista will notify the Provider that the Client has opened a Dispute for an Order. 
  3. The Provider then has five (5) days to reply and acknowledge the Dispute. If there is no reply within the five (5) days, the Provider agrees that Abilista is authorized and irrevocably instructed to immediately release all funds to the Client.
  4. Upon acknowledgement, the Provider will reasonably evaluate the evidence provided by the Client, and any additional provided by Abilista that we consider may be relevant to resolve the Dispute, and propose a resolution to the Client. 
  5. Alternatively, Abilista may assist the Client and the Provider by reviewing the Dispute and proposing a mutual, non-binding resolution.
  6. If the Client and the Provider reach an agreement, both parties will ensure that such agreement takes place in the shortest time-frame possible.

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.

10.2 Arbitration process

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

https://cour-europe-arbitrage.org/arbitration-rules/

 

Relevant notes:

  • Arbitrations will be conducted by a single arbitrator.
  • The language of arbitration will be Spanish and the arbitration proceedings will be held in Spain by the governing law of Spain.
  • Administrative costs are to be paid to enter the Arbitration. The Client, the Provider and Abilista will share the cost equally.
  • The Client and the Provider will solely bear and pay any other costs it incurs related to the Arbitration, including the Arbitrator Fee.

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.

 

11. Governing Law

Unless otherwise provided in any additional terms applicable to You, if you are acting as a business, these Terms of Use shall in all respects be governed and construed in accordance with the laws of Spain and any dispute arising out of or in connection with the use of the Abilista Marketplace. To the maximum extent permitted by applicable law, You must notify Us of any dispute or request relating to a malfunction of one of the functions or information provided by Abilista in connection with the Abilista Services, an error in the execution or non-execution of a payment, or an error by Abilista in the deduction of commissions, taxes or bank charges, within fifteen (15) calendar days from the day You have knowledge thereof or You are presumed to have had knowledge thereof. This notification shall be sent by email together with the necessary details and explanations to the following support email address, support@abilista.com

 

12. Intellectual Property

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.

 

13. Privacy Policy

The Privacy Policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our Privacy Policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with the Site.

Read the Privacy Policy.

14. Contact us

If there are any questions regarding these Terms of Use you may contact us using the information below.

 

Abilista Studio S.L.

C/ Cronista Carreres 13, 5

46003 Valencia, Spain

support@abilista.com