TERMS AND CONDITIONS OF USE OF THE WEBSITE "BITEL MARKET"

BITEL is a legal person under private law organized under the regime of closed public limited company, whose main purpose is the provision of public telecommunications services.

Bitel Marketplace (hereinafter, "The Platform") is a website where users can sell (hereinafter, "Sellers") and buy (hereinafter, "Buyers") cell phones and accessories using different payment and shipping solutions provided directly by the Sellers.

1- Bitel

The service offered by Bitel on the https://bitel.com.pe/market website (hereinafter, "Site") is designed to allow people to sell and buy cell phones and accessories.

2- Terms and Conditions

These Terms and Conditions and their annexes regulate the relationship between Bitel and the people who use the Platform ("Users").

Users agree to have read and agree to these Terms and Conditions.

Any change or modification will be duly informed in the Platform so that Users can review them and continue using the Platform without problem. These changes and modifications will be made ten (10) business days before they take effect. In no case, such change or modification will affect the operations that have already been completed.

Any User may terminate the relationship with the Platform by canceling their account within the Site at no cost.

3- Capacity

The Platform will be available to persons of legal age who have legal capacity to contract, as provided by current Peruvian legislation. If a person does not have legal capacity to contract, he must refrain from using the services offered on this Site. Bitel may suspend the participation of those Users if it is proven that they lack legal capacity to use the services offered on the Site at any time, temporarily or permanently.

Whoever uses the Platform on behalf of a legal entity must have the capacity to contract on behalf of it, for this reason the following will be requested in the registration form: Information on the type of business, the Company Name, the RUC number, the RUC consultation and a copy of the validity of the power of attorney of the legal representative with a seniority not exceeding 3 months.

4- Registration and Account

Whoever wants to use the Platform, must create a username and password. For the creation of the account, the User must complete the registration form, in which the following information will be required: Full names and surnames, the password of your account in Bitel Marketplace and email. After that, a verification code will be sent to your email. This code must be entered in the registry. To complete the registration process, the User must enter the security code (captcha) shown in the same form and, after reading, accept the checkbox of these Terms and Conditions. It is the obligation of the User to complete the form with truthful and updated information.

In the event that the already registered User wishes to have a Seller account, he must click on the icon of his profile and select the option "Become a seller" to access the Seller registration. After that, you must complete the following fields: Phone number and commercial name of the store that you want to appear on the Platform, since the fields of full names and surnames and email will be automatically completed with the information provided in the first registration. To continue with the registration, the User must confirm the following:

  • If it is a company legally incorporated in Peru;
  • If you have the capacity to receive returns and manage the warranty of your products; and
  • If the products offered on the Platform are legitimate, original, generic and new.

After that, the User must complete the categories of the products that will be marketed, the information required and detailed in numeral 3) of these Terms and Conditions, and the address of the legal entity. To continue, the User must read and mark the checkbox corresponding to the veracity of the data provided on the Platform. Finally, you must indicate your nationality, date of birth and attach, in PDF format, a copy of your identity document (scanned on both sides).

The account is personal, unique and non-transferable, that is, under no circumstances may it be sold or transferred to another person. It is accessed with the password that the User has chosen and that must be kept under strict confidentiality. The User may change his password following the procedure established on the Site. In any case, the User will be solely responsible for the operations carried out in their account. If you detect unauthorized use of your account, you must immediately notify Bitel.

Bitel may reject a registration request or cancel a registration already accepted in the event that the data provided by the Users is false, inaccurate or fraudulent, without this generating the right to compensation in favor of the User. In addition, Users who have been previously disabled for failing to comply with the Publication Policies may not register again on the Platform.

In addition, in case of detecting that a person uses more than one account, Bitel may apply sanctions if it considers that this action may harm the rest of the people who use the Platform or Bitel, beyond the sanctions that may correspond.

5- Data Protection and Privacy

At Bitel we make responsible use of the personal information provided by the Users, protecting their privacy. Learn more information about our data protection policy here.

6- Penalties

In the event that the User violates a law or these Terms and Conditions or their Annexes, Bitel may warn, suspend, restrict or temporarily or permanently disable their account, without prejudice to other sanctions established in the particular rules of use of Bitel's services.

7- Responsibility

The management of the sale and after-sales of the products that the User will find on the Site is the sole responsibility of the Seller. In addition, the Seller is the one who has the duty to consign the appropriate information and description of each product offered. Likewise, in the purchase process, Users will be able to view the contact telephone number and email of the Seller.

8- Fees

At the moment, Bitel does not charge any fee for the use and access to the Platform.

9- Intellectual Property

Bitel is the owner of all intellectual property rights over the Platform, all its content, service, products, brands, trade names, logos, designs, images, advertising phrases, copyrights, domains, computer programs, codes, developments, software, databases, information, technology, patents and utility models, industrial designs and models, trade secrets, among others (“Intellectual Property”) and are protected by national and international laws.

Bitel does not grant permission to use its service as provided in the Terms and Conditions, therefore the use of its Intellectual Property is not authorized, except with the prior and express consent of Bitel. In any case, Sellers who use the Platform may not use Bitel's Intellectual Property in a way that causes confusion in the public and must carry out their commercial activity under their own and distinctive brand or trade name, which is not confusing with the Bitel brand.

It is prohibited to use the Platform for illegal purposes, carry out any type of reverse engineering or derivative works, use search or extraction tools for data and content from the Platform for reuse and/or create your own databases that include in whole or in part its content without prior and express consent of Bitel. The improper use of the Platform is also prohibited, without authorization and/or contrary to current regulations and/or that generates confusion or implies denigrating use and/or that causes harm, damage or losses to Bitel. The use of the Bitel service does not imply authorization to use the intellectual property of third parties that may be involved, whose use will be under the exclusive responsibility of the User.

In the event that a User or any publication infringes the Intellectual Property of Bitel or third parties, Bitel may remove said publication in whole or in part, sanction the User in accordance with the provisions of these Terms and Conditions and exercise extrajudicial actions and/or corresponding judicial proceedings.

10- Annexes

These Terms and Conditions contain the following two (02) ANNEXES:

11- Jurisdiction and Applicable Law

n everything not expressly stipulated in these Terms and Conditions, the rules of the Peruvian Civil Code and other applicable Peruvian legal system govern.

12- Dispute Resolution

For the purposes of any controversy that is generated due to the use of the Platform, it will be resolved directly by the Users, for which purpose they undertake to make their best efforts to provide a harmonious solution to their disputes based on the rules of good faith, allowing for this purpose a maximum period of five (05) calendar days to resolve the controversy. Said period will be computed from the moment the affected party communicates to its counterpart, by any mechanism that allows for recording its receipt, the existence of the dispute and its intention to use this dispute resolution mechanism.

If despite this the differences persist, the Users expressly declare to renounce the jurisdiction that may correspond to them based on their domicile and submit to the jurisdiction of the Judges and Courts of the Judicial District of Lima-Cercado.