Jorge Gallego (from now on, the Owner) grants FREE ACCESS to the pages and content of the website www.rarepuzzles.com to any visitors, with the sole condition that they accept the terms and conditions that appear in this document, and their behavior adjusts to such norms of use.
Browsing through www.rarepuzzles.com means that the visitor accepts the terms and norms of use and the policies of the website, and turns the visitor into a user.
These Terms & Conditions ares subject to changes and modifications. For that reason, it is important that you know the last version of the document. The information with the last update always appears at the bottom of this page.
1. Responsibility of the Owner
The Owner will comply with all the requirements of the current legislation with regards to his area of responsibility. Besides, he will offer quality content and updated information in the website; he will monitor the transactions that take place through the platform; he will communicate smoothly with users; and he will try to exceed the users’ expectations with regards to the website as much as possible
The Owner will make sure that the users can browse through the contents of www.rarepuzzles.com being sure that the website meets the purpose for which it was created and with the guarantee that none of their rights as users will be infringed. For that reason, he will monitor that users meet basic standards of interaction and usage rules set forth herein. In this regard, the Owner may remove any content or suspend any user account if, in its sole discretion, violates any of the rules and obligations described in these Terms & Conditions
2. Responsibility of the Users
The User agrees to navigate through www.rarepuzzles.com and its contents in accordance with the law, rules and conditions contained in these Terms & Conditions and also in accordance with the rules of common sense interaction and socially accepted norms.
Above all, the User agrees not to use any content for illegal purposes, prejudicial to the interests or rights of others, or in any way damage or impede the normal use of the website or the computer equipment where it is hosted.
In particular, the User will avoid publishing commercial communications through www.rarepuzzles.com or links to his own websites through comments. He will also refrain from collecting content and information from other users or access other users’ accounts if somehow he manages to get access. He will also respect other users when interacting with them, while maintaining a tone of civility and common sense and avoiding bullying behaviors, sexism or discrimination.
Additionally, the User will make every effort to ensure the confidentiality of his account at www.rarepuzzles.com, especially his credentials (username and password). If the User detects any threat to the security of his data, he will communicate the situation as soon as possible.
Similarly, the User agrees to comply with all the laws protecting intellectual property. In this sense, he commits himself to respecting the limits that the Owner has set on www.rarepuzzles.com, which appear in the section Intellectual Property of these Terms & Conditions.
Furthermore, the User, either as buyer or as vendor, agrees to comply with all the current tax regulations of his country or residency. He needs to know if and in what circumstances he has to inform his local tax authorities about the transactions that he completes through www.rarepuzzles.com.
Finally, the User agrees to be truthful when interacting with the Owner, either by voluntarily filling forms through the website, or when contacting the Owner by any other means.
3. Intellectual Property
All content that appears on www.rarepuzzles.com is the property of the Owner or third parties who have authorized its use. This includes all text, logos, and images. The Owner, as the copyright holder, reserves all rights provided by copyright law, such as the right to make copies, distribute the work, license, or otherwise exploit the work. No rights are waived under this license.
Vendors that offer their own products through www.rarepuzzles.com have the intellectual property of their own texts and images. However, they authorize the Owner to use them within the website the moment they post them on their stores at www.rarepuzzles.com.
All external content linked from this website via hyperlinks are excluded from our intellectual property. Those contents don’t belong to the Owner and they are actually outside of www.rarepuzzles.com.
Hyperlinks are links that lead from a web page to another. Our website has hyperlinks that link from www.rarepuzzles.com to other external sites. At the same time, other sites have hyperlinks on their pages that link to our website.
Hyperlinks from www.rarepuzzles.com link to content that is not the property of the Owner and it is actually outside of our site. The purpose of hyperlinks is to enrich the browsing experience and provide users with additional meaningful information. The Owner will select and use hyperlinks that are relevant to the content and will also ensure that other users follow similar criteria when they add hyperlinks. However, when accessing other web pages from hyperlinks within www.rarepuzzles.com, users assume that they do it only for information purposes and they understand that the Owner is not responsible for the content accessed and he doesn’t have any control over it.
Hyperlinks from other web pages towards www.rarepuzzles.com are authorized as long as the users that want to establish such links comply with all applicable laws and avoid making false or incorrect statements about www.rarepuzzles.com, or its contents, or its users. Under no circumstances it will be assumed that the Owner authorizes the hyperlink or approve the content or services offered on the website from which the hyperlink towards www.rarepuzzles.com is established.
The presence of the hyperlink does not imply in any case the existence of any relationship between the Owner and the owners of the website from which the link is established. In any case, the Owner does not authorize hyperlinks to www.rarepuzzles.com from webpages that include illegal or immoral information, or contrary to morality and public order, or content that infringes in any way the rights of third parties.
Hyperlinks towards www.rarepuzzles.com that respect the conditions set, will allow access to our website, but the Owner does not authorize the inclusion of content from our site in other websites through frames, nor authorizes using our content differently to what it is stated in the terms of our Intellectual Property.
In short, users understand that the Owner has no control over the webpages that have inserted hyperlinks towards www.rarepuzzles.com, and they assume that he is not responsible for the contents of those pages.
The defense of privacy is a fundamental matter when providing assurance to the users about their personal information. The Owner pledges to ensure users’ privacy when they visit www.rarepuzzles.com and to protect their personal data in the cases when users voluntarily decide to share them. In this sense, there are two levels of privacy.
When a user visits the website and browses through its contents, we don’t collect any personal data that might be used to identify that user. In that case, we only collect non personal information that cannot be associated with any user, such as the type of browser, operating system used, or IP address. The purpose of collecting such data is to obtain information to help improve the services offered at www.rarepuzzles.com.
When a user sends us an email or fills a contact form or registers at www.rarepuzzles.com opening an account, he is consenting to share some minimum personal data, such as an email address and the name, which the Owner will assume it is the real name. The same is true in the case of a user reserving a puzzle at any online store of the platform, in which case he will also have to provide other personal information such as the address and the phone number. Such personal information will always be protected, as it is required by the General Data Protection Regulation.
6. Browsing and Registration
Anyone can access www.rarepuzzles.com without registering on the website and without having to share any personal data.
In order to navigate through the pages of the website, the user doesn’t need any other requirement. However, in order to participate within www.rarepuzzles.com, users must be 18 years old and they will need to register.
The registration process is very simple and similar to the registration process on any other website. Users have to provide at least a name and an email, and they will also need to select a username and a password. As soon as the email address provided is verified, the user will become a registered user. From then on, he can log into the website in order to contribute his content to www.rarepuzzles.com according to the access level assigned by the Owner.
If a registered user applies to become a vendor through the website, he will have to accept some additional and specific Vendor Terms & Conditions.
7. Buyers: Payment, Shipment, Returns, Reservations & Storage
The use of the platform is FREE. In order to reserve a puzzle through www.rarepuzzles.com, users must be at least 18 years old. The platform allows only to reserve a puzzle from the store of a vendor, but it is not possible to buy directly through the website. The sale takes place directly between the individual buyer and the individual vendor in the terms that they agree upon, with no intervention of the Owner, except to facilitate the communication between them.
Our website allows users from different countries to buy, sell, and exchange their puzzles among themselves. Buyers will need to contact vendors directly through the website, and get all the necessary details from them. The Owner only provides a platform that allows a buyer and a vendor to meet and reach an agreement, but users accept that the agreement is voluntary and the Owner is not responsible for the outcome of the transaction. Each vendor is free to set his own prices and his own terms and conditions, and buyers need to get such details from the vendors before they purchase from them.
Since the shipping cost can vary greatly depending on the country or origin, the country of destination, and, above all, the weight and dimensions of the package, users will not be able to select a shipping method when they reserve a puzzle. The only available option will be I will request a shipping quote from the vendor, as a reminder that they need to contact the vendor (if they didn’t do it beforehand) in order to get a shipping quote.
When the user has provided all the information needed to complete the purchase and to make the shipment, he will just need to confirm the order and complete the payment. The price of the products in the online store appears in euros with all possible taxes included. It is the responsibility of the user (buyer or vendor) to comply with the tax regulations of his country of residency.
When the user reserves a puzzle through the platform, he will receive a confirmation email, and the vendor will receive another email with the reservation and the shipping address of the buyer. After the buyer gets a shipping quote, he will have seven calendar days to complete the payment. If the payment has not been received after seven calendar days, the reservation will be cancelled and the products will return to the vendor’s online store in order to make them available for other buyers. Although seven days is the minimum, vendors can extend the reservation deadline for as long as they want.
Some destinations will require buyers to pay some Customs taxes and fees that are the responsibility of the buyer and must be paid before Customs release the package. Users must get information about those possible taxes and fees before buying from a vendor, and they accept that such possible taxes are not the responsibility of the vendor nor of the Owner in any case.
Although the right to Cancel & Return your purchase appears elsewhere in this document, it is important to detail the conditions of returns when they are not due to the use of the Cancel & Return right.
Users understand and accept that the vendor is not responsible when a package is returned when the delivery address and/or the phone number provided by the buyer were not correct. They also accept that the vendor is not responsible when the addressee rejects the package or refuses to collect it from the location of the shipping agency once they have exhausted all delivery attempts at the shipping address. In such cases, the buyer will cover the possible return costs.
Packaging standards at www.rarepuzzles.com are very high, so the chances that the contents of a package are damaged during the transit are very small. Buyers are encouraged to inform the Owner when the packaging of a vendor doesn’t meet the standards of our platform. Users should inspect the package and refuse it when they detect some external damage that makes them think that the content is also damaged or indicate it in the delivery note when they sign it. In the event that any damage is not observed on the outside but somehow the content gets damaged and they discover it when opening the package, users should contact the vendor as soon as possible and document the damage. In these cases, the vendor might be able to file a claim to the shipping agency and perhaps retrieve the value of the content and the shipping costs. When the return is due to these reasons, the buyer should not assume any expense.
If a vendor makes a mistake (Errare humanum est) shipping a product that was not included in the order, buyers should notify him as soon as possible and the vendor will solve the problem immediately and find a satisfactory solution for the buyer.
Since shipping costs per puzzle are lower when the package is bigger, some vendors offer the possibility of storing puzzles for certain time and then shipping them all together in a single shipment. That way, the buyer will save on shipping costs. Similarly, some vendors within the same country or vendors who collaborate among themselves are willing to combine puzzles for the same buyer. Users are encouraged to ask vendors about these possibilities, since it is a good way to save significantly on shipping costs.
8. Vendors: Condition, Honesty, Packaging, Donations.
Any user can apply to become a vendor at www.rarepuzzles.com. In order to become one, he just needs to email the Owner at [email protected] and apply for a vendor account. The Owner will communicate with the applicant and later will either approve or refuse the request. When a user becomes a vendor, he will be able to start listing his puzzles and setting up his store following the guidelines of our platform. There is no restriction on the number of puzzles that a vendor can or must list, and a user can become a vendor even if he wants to sell just one single puzzle.
Vendors can only list Factory Sealed and Sealed Bag puzzles. Only Verified Vendors will be able to list Used and Complete puzzles, as long as they provide pictures of the puzzle assembled. Verified Vendors are vendors that have completed at least 5 transactions without any problems or are endorsed by the Owner due to personal knowledge or direct references. A Factory Sealed puzzle has the original factory wrapping in place, although it might have partial tears and the box might even have some scuffs or dirt under the original seal. A Sealed Bag puzzle comes without the original factory seal in an open box, but the pieces are sealed inside the original plastic bag, the bag has never been opened, and it doesn’t have any tear through which a piece could come out. Furthermore, only puzzles Out of Catalog can be listed. Puzzles that can be easily found in professional puzzle stores cannot be listed at www.rarepuzzles.com. As a guiding rule, puzzles that are less than 5 years old cannot be listed.
Vendors have the responsibility of providing an accurate and honest description of the puzzle listed, including, but not limited to:
- Tears in the outer factory seal.
- Stains, tape marks, tape tears, corner tears, writing, ink marks, scratches, shelf wear, bumps, and any other possible defects in the box and/or the contents of the puzzle.
- Missing elements, like the original poster or any other factory component that is not included.
- Defects or damage on any of the pieces in the case of used and complete puzzles.
Vendors are free to set their own terms and conditions, the price for their puzzles, the shipping method they will use, the shipping costs, insurance, and any other handling fees. They are also free to decide whether they will ship internationally or only within their country or residency, and whether they will accept returns or not and in what conditions. However, from the moment a vendor receives an email with the reservation of one of the puzzles of his store, he will be honest and transparent with the possible buyer, providing all the necessary information that the buyer might need to make an informed decision about buying the puzzle or not. The vendor will also try to communicate with the buyer in a timely manner.
The Owner recommends PayPal as preferred payment method, because it offers protection for both the buyer and the seller. In order to use PayPal, users will have to accept PayPal’s own terms and conditions. However, buyer and vendor are free to reach any voluntary agreement and they can select any other payment method of their preference.
When vendors are willing to ship the puzzle, they are responsible for packaging the puzzle in such a way that it will arrive to its destination in the same condition as it was described. Shrink wrap, bubble wrap, foam, and other padding and packing materials are recommended. In any case, the puzzle box is not in itself an appropriate shipping method. The puzzle box will go inside another box, preferably a heavy duty cardboard box.
Vendors are free to offer or include insurance in their shipping. Shipping companies have very often small print in their conditions with regards to insurance of second hand objects. Buyers and vendors are encouraged to find out about the terms and conditions of particular shipping companies before purchasing insurance. Some shipping companies don’t allow to insure second hand products. If that happens, in the case that the buyer buys insurance, he might be paying insurance and he will not be really covered. Furthermore, depending of the shipping company and the country of destination, insurance is not always available.
Vendors will be responsible for resolving together with buyers any possible dispute or disagreement through PayPal’s dispute resolution system. The Owner will provide all possible support in the resolution process, but he will not be held accountable, since www.rarepuzzles.com is just a platform that connects vendors and buyers.
A Vendor account at www.rarepuzzles.com is FREE, and vendors will not be charged any commission for listing their puzzles on the platform and selling them through it. However, users in general and vendors in particular are encouraged to make a donation of at least 5% of their transactions to the Asociación Española Contra el Cáncer (Spanish Association Against Cancer), or the American Cancer Society, or any other Cancer Prevention Nonprofit Association anywhere, just as a token of gratitude for the convenience of using the platform. Vendors can send their donations to the Owner, who will deposit them on their behalf on the account of the AECC (Asociación Española Contra el Cáncer) at the end of the fiscal year. Or, if they prefer, they can share with the Owner a receipt of a donation they have done themselves to any Cancer Association in their own country of residency.
9. Cancel & Return
Since the majority of the vendors at www.rarepuzzles.com are particular individuals that are selling some or many of their own puzzles as second hand products, users don’t have the right to Cancel & Return as it is understood when buying from a regular store: the ability that all customers have that allows them to cancel the purchase and return an order within a legal deadline without giving any reason and without any penalty.
However, it is up to the particular vendor to decide whether he accepts returns or not, and in what conditions. Buyers should get that information before reserving a puzzle. In the case that a vendor accepts returns, it is very likely that the buyer will have to pay the return shipping costs and the refund will be issued provided that the item is received in the same condition it was shipped. In order to effectively exercise the right to cancel, the product must be returned in the same condition it was sent. Furthermore, when a vendor accepts returns, the buyer agrees to return the product using the same packing standards the vendor used to ship it in the fist place. In the same way that the vendor is responsible that the product reaches the buyer in perfect condition during transport, the buyer is responsible that the product is returned to the vendor in perfect condition also during the return. If those conditions are met, the vendor will return the amount paid by the buyer, including any possible taxes, using by default the same payment method that the buyer used when he paid for the puzzles.
In the case of a dispute between a buyer and a vendor, they both accept that the Owner is not responsible of the dispute or the outcome. If they cannot reach an agreement, they will eventually have to solve the dispute among themselves using the PayPal dispute resolution process, which is the reason why PayPal is recommended to complete transactions, since both the buyer and the vendor are protected. Nevertheless, the Owner will make all possible efforts to facilitate communication and agreement between a buyer and a vendor in the case of a dispute before having to recur to the PayPal dispute resolution process.
If professional stores register as vendors at www.rarepuzzles.com, they will have to comply to their own Cancel & Return requirements depending of their country of residency. Buyers should collect all that information from vendors before reserving a puzzle.
10. Guarantee & Interactions
The Owner reviews all the details about the puzzles that vendors submit, makes amendments, requests missing information from vendors, and approves every listing. However, the description cannot be exhaustive. Puzzles described as Factory Sealed keep the original seal, but they might have tears, dirt, or scuffs. The same applies to puzzles described as Sealed Bag, which bring the pieces still sealed inside the original bag, but the box doesn’t keep the original seal. The boxes of these puzzles might have different levels of wear, scuffs, tears in the corners, tape and other imperfections. Vendors are required to be accurate and transparent in the description of the puzzles that they list. For that reason, and because these items are second hand products, users assume that the condition is not like when the item was produced in the factory. Also, users understand that the vendors are not responsible if a Factory Sealed or Sealed Bag puzzle bought at one of the stores of the platform eventually has missing pieces after completion. Although this is very unlikely, it is nevertheless possible, but it is a defect of the manufacturer, and not a responsibility of the particular vendor.
The puzzles that are described as Complete are puzzles whose original sealed bag was opened and perhaps the puzzle was assembled before. Most Verified Vendors can list these puzzles providing a photograph of the puzzle assembled, so that users can see that the puzzle is complete. Vendors will need to include in the description the condition of the pieces. If a piece has some visible defect, vendors will disclose it in the description and they will provide a close-up photograph of the defect. However, buyers assume that it is often impossible to detect all possible defects on a used puzzle, mainly when it is a large one. If a Complete puzzle is not in the condition described, the buyer should contact the vendor as soon as he finds out. Vendor and buyer, with the assistance of the Owner, will make all possible efforts to reach a satisfactory solution for all.
The Owner requests vendors to treat puzzles as very special objects, and not just as mere items that are sold through an online platform. That mindset should reflect in the high quality of the packaging. The goal is that the packaging standards at www.rarepuzzles.com always exceed buyers’ expectations.
The Owner also requests vendors to provide positive and smooth interactions with buyers. In particular, they should be truthful in all communications, keep users informed during all the stages of the process, and respond promptly to all emails and/or calls from users. They will also take all possible measures to correct promptly any incidents that might occur during the process.
At the same time, the Owner will strive to offer the best experience for all users (buyers and vendors) and understands that this goal covers all aspects of www.rarepuzzles.com. That includes the design of the website, the selection of images, the development and quality of the content, the monitoring of the interactions, and the communication with users. The Owner will make all efforts to excel in each and every one of those aspects.
11. Limits of Responsibility
Although the Owner assumes the full scope of his responsibility, users understand and assume that his responsibility is not unlimited. That means accepting that there are some areas that are beyond the control of the Owner.
The website www.rarepuzzles.com is hosted on a computer server that is not controlled by the Owner. Therefore, it is possible that disruptions in the availability of the website might occur due to maintenance on the server or connection failures in the communication networks, which are not controlled by the Owner either. For that reason, users assume that the Owner is not responsible for any damages that may result from the possible lack of availability or quality of operation of the website.
For the same reason, the Owner is not responsible for damages arising from the presence of computer viruses on the server hosting www.rarepuzzles.com or the servers that are hosting websites linked via hyperlinks from our website. Similarly, the Owner is not responsible for the actions of third parties that may violate property rights, the right to honor, the right to privacy, or illegal advertising.
Hyperlinks that appear in www.rarepuzzles.com link to websites that are not owned by the Owner and are outside of our platform. While the Owner will try to be sure that the hyperlinks from www.rarepuzzles.com are relevant, linked pages are beyond the control of the Owner and can change at any time. Therefore, users accept that the Owner will not be liable for such changes, and he doesn’t assume responsibility for the content or operation of third party websites to which users of www.rarepuzzles.com can access via hyperlinks.
Users agree that the Owner is not responsible for the content and operation of websites from which hyperlinks to www.rarepuzzles.com are established. The possible existence of such links does not imply any relationship between the Owner and the owners of the website from where the hyperlink is generated. Furthermore, it does not imply that the Owner accepts or approves the contents or services of that website.
Although the Owner will try to keep up to date the content of www.rarepuzzles.com, the service provided through the website is in a dynamic and changing information environment. Therefore, users understand that the Owner can not guarantee complete accuracy, usefulness and timeliness of the content. Similarly, the Owner is not responsible for the use that users will give to the content offered on our website, or the actions taken under such content. The information contained in www.rarepuzzles.com is merely of informative nature and it doesn’t imply a legally binding or contractual commitment.
The Owner encourages vendors to make every effort to ship their puzzles as soon as payment has been made. However, vendors set their own terms and conditions and their handling timelines. Furthermore, shipping orders is a service performed by shipping companies, and not the vendors. While the Owner would like to ensure that shipments are processed as soon as possible, the truth is that neither the Owner nor the vendors can guarantee the absence of unforeseen events in the service offered by the shipping companies, such as delays in the collection or delivery, loss of a package, or any other incident. In such cases, users agree that the delays or losses caused by the transport agencies are not the responsibility of the vendors, and much less of the Owner.
Finally, the Owner is not responsible for the transactions that take place among individuals through www.rarepuzzles.com. The website is just a platform that connects puzzle enthusiasts and collectors from different countries so that they can buy and sell their out-of-catalog second hand puzzles and they can reach their own agreements. The Owner will just try to facilitate the communication between both parties and help in the transaction, but users (buyers and vendors) accept that he is not responsible for the outcome.
12. Dispute Resolution and Legislation
Users will make every effort to scrupulously fulfill their responsibilities as they are stated in these Terms & Conditions. At the same time, they will try to resolve any issues through truthful and positive communication and always presuming good intentions.
In case of a dispute, the Owner will try to assist and facilitate a satisfactory resolution for both parties. However, since that is not always possible, the Owner recommends to use PayPal as payment method. In case of a dispute, both buyer and vendor will be protected through PayPal, and they both will be able to use the PayPal Dispute Resolution Process.
In any case, any dispute that may arise related to www.rarepuzzles.com will be ultimately governed by the laws of the state of California, USA.
(Last Update: May 4, 2018).