Terms Of Service
Each of the terms mentioned below will have in these Terms and Conditions of Use of the CARIBBEANBUYSELL Service (hereinafter referred to as the “TOS”) the following meaning:
Buyer : means any User who is a natural person who holds a Personal Account who buys or wishes to purchase one or more Goods on the Website from a Seller.
Announcement : means all the elements and data (visual, textual, sound, photographs, drawings), deposited by an Advertiser under its editorial responsibility, in order to buy, rent or sell a property or to propose or search a service or job and broadcast on the Site and Applications.
Advertiser : refers to any major physical person or legal person established in the Caribbean islands , holder of a Pro or Personal Account, and who has submitted and posted an advertisement via the CARIBBEANBUYSELL Service . The term “Advertiser” includes in the Terms and Conditions the two types of Advertisers filing advertisements via the CARIBBEANBUYSELL service, namely:
Applications : refers to the free Android and IOS application available on an Android phone from the Google Play Store, and the optimized application for iPhone and iPad downloadable from the Apple App Store for free on an iPhone or iPad with a minimum of iOS 9 version for iPhone and iPad, allowing Users and Advertisers to access the CARIBBEANBUYSELL service .
Personal Account : means the free space, accessible from the Website and the Applications, that any Private Advertiser must create, and from which it can broadcast, manage, view its Ads, subscribe to one or more option (s) (s) and buy credits.
Pro Account : means the space accessible from the Site and the Applications, that any Pro Advertiser must create, and from which it can broadcast , to manage, to visualize its advertisements and to carry out its orders.
Messaging : refers to the messaging system made available to Users and Advertisers as part of the CARIBBEANBUYSELL Service and allowing their communication by private message exchange that only the Users and Annocants concerned can consult. Messaging is only available to Users and Advertisers who have a Personal Account.
Notifications: means the notifications received by the Users and the Private and Pro Advertisers within the framework of the CARIBBEANBUYSELL Service. Notifications are only available to Users and Advertisers who have a Personal and / or Professional Account from the App.
Purchase Offer : means the offer issued by a Buyer with respect to a Seller in order to offer him the purchase of his Property. The Offer must be issued from the Seller’s Announcement and contain the purchase price of the Good and the type of exchange (by hand or delivery). The Purchase Offer may be canceled by the Purchaser until the Seller has accepted it. The opportunity to issue a Tender Offer is only available on the Games & Toys category.
Promise of Sale : means the promise made by a Seller to a Buyer to offer him the sale of his Property. The Promise of Sale must be issued from the Seller’s Messaging and contain the selling price of the Goods, the type of exchange (by hand or delivery) and the delivery costs of the Goods. The Promise of Sale may be canceled by the Seller until the Buyer has accepted it and has not paid the price of the Good.
Secure Payment Service : means the online payment service of the Goods made available to the Seller and the Buyer on the Site and Applications in the following categories:
CARIBBEANBUYSELL Service : means the CARIBBEANBUYSELL services made available to Users and Advertisers on the Website and Applications .
Site: means the website operated by CARIBBEANBUYSELL accessible mainly from the URL www.caribbeanbuysell.com and allowing Users and Advertisers to access the CARIBBEANBUYSELL Service via the Internet .
User : means any visitor having access to the CARIBBEANBUYSELL Service via the Site and the Applications and consulting the CARIBBEANBUYSELL Service, accessible from the various media.
Transaction : refers to the transactions that transfer the ownership of a Seller’s Property to a Buyer, as of the validation of the payment and the receipt of the Goods by the Buyer, under the sales contract concluded between them via the use of the Secure Payment Service.
Seller : means any particular Advertiser who offers one or more properties for sale and chooses to use the Secure Payment Service. Professional Advertisers are not allowed to use the Secure Payment Service.
Description of the CARIBBEANBUYSELL Service
Any User – any Advertiser declares to be informed that, in order to access the CARIBBEANBUYSELL
Service, he / she will have access to the Internet subscribed to the provider of his choice, the cost of which is at his charge, and acknowledges that:
The Advertiser undertakes, where applicable, to respect and maintain the confidentiality of the login credentials to his Personal Account or Pro Account and expressly acknowledges that any connection to his Personal Account or Pro Account, as well as any transmission of data from his Personal Account or Pro Account will be deemed to have been made by the Advertiser.
Any loss, misuse or use of the login credentials and their possible consequences are the sole and entire responsibility of the Advertiser.
The Advertiser is informed and accepts that for technical reasons, his Ad will not be released instantly after its deposit on the Site and Applications.
The Advertiser is informed that by posting his Ad on the Site, it is likely to be shared by any User and / or Advertiser on the social network Facebook, via the relevant share button integrated in the pages.
All Advertisements will be published on the Site and the Applications.
Description of the service
The CARIBBEANBUYSELL Service offered to Users and Advertisers varies according to the quality of “Individual” or “Pro” of the Advertiser and the communication medium used (Website or Applications).
1) Features available to Advertisers and Unlogged Users from the Site and Applications
Viewing all ads served
Put in contact with the Advertisers
The possibility of advising the Ad to a friend
Backing up my searches
Sharing an ad on Facebook via the sharing application button
The ability to register the Advertiser’s contact in their iPhone / iPad (only from Applications)
Geolocation of Ads registered in all categories (only from Applications)
2) Features accessible from the Site and the Applications to the Private Advertisers logged in
The deposit of Announcement
Access to the “My favorites” area:
Ad Management via the “My Ads” tab of the Personal Account:
Access and management of the Personal Account:
Receipt of Notifications from Applications in the following cases:
– Receiving new messages via Messaging
– New results corresponding to Saved Searches
– Renew / Extend / Expire your advertisement (s).
The exchange of private messages between Users and Advertisers via the Messaging.
The possibility for the Sellers to send and for the Buyers to accept / reject Promises of Sale via the Messaging and to use the Secure Payment Service. For more information, see the article “Description of the Secure Payment Service”.
3) Features from the Site and Apps available to Pro Advertisers logged in
The deposit of Ad by paying the deposit cost
Ad Management via the “My Ads” tab of the Pro Account:
Access and management of the Pro Account:
Receipt of Notifications from Applications in the following cases:
– New Results from Corresponding to Saved Searches
– Renew / Extend / Expire Your Ad (s).
4) The Messaging
Only Users with a Personal Account and Private Advertisers can communicate through the Messaging from their Personal Account. Users holding a Pro Account and ProAdvertisers can not communicate via the Messaging, the linking is done by phone and / or email by clicking on the button “Send an email” located next to the Ad.
Thus, the Users, connected to their Personal Account, can send a private message, via the Messaging, to the particular Advertisers by clicking on the button “Send a message” located next to the Announcement.
Users and Private Advertisers will be informed of any new messages received, by e-mail to the e-mail address given when opening their Personal Account and by a Notification received via the Applications.
Users and Private Advertisers must then be connected to their Personal Account to use the Messaging service, including answering a caller and accessing the history of their conversations.
The email addresses of Users and Advertisers using the Messaging are not visible to their interlocutor, only the alias entered during the creation of the account by the User and / or the Advertiser will be visible.
The sending of private messages via the Messaging has for main purpose the exchange of information relating to Announcements.
Sellers and Buyers have the option to send and accept / reject Promises of Sale via the Messaging whose payment is made from the Secure Payment Service. For more information, see the article “Description of the Secure Payment Service”.
Advertisers and Users using the Messaging undertake to adopt a respectful and loyal behavior towards their interlocutors.
In particular, Advertisers and Users undertake not to use the Messaging for sending messages that:
• violate, misappropriate or infringe the rights of CARIBBEANBUYSELL, persons using our Services or other third parties, including the rights to privacy, image, intellectual property or other exclusive rights;
• are unlawful, obscene, defamatory, threatening, abusive, intimidating, hateful, pedophile, discriminatory, racially or ethnically offensive, and / or harassed or incite or encourage unlawful or improper behavior for other reasons, including including the promotion of violent crime;
• are of an advertising or commercial nature;
• encourage the acquisition of goods whose marketing is prohibited;
• imply the publication of lies, misrepresentations, deceptive, erroneous or misleading assertions to Users and Advertisers;
• usurp the identity of others;
• result in the sending of mass messages, automatic messages, automatic numbering or malfunctioning of CARIBBEANBUYSELL Services (software or viruses) and / or other similar practices.
CARIBBEANBUYSELL does not have access to the content of private messages, including those blocked by the automated software.
Users and Advertisers are solely responsible for the content of private messages exchanged via the Messaging.
Users and Advertisers are advised to be vigilant in communicating personal information to their contact.
Description of the Secure Payment Service
Sending of the Offer by the Buyer
The Buyer may choose to use the Secure Payment Service by sending a Bid to the Seller by clicking on “Buy Online” from the Seller’s Advertisement. He must be logged into his Personal Account to send a Tender Offer and may only send one Tender Offer at a time for the same Good.
The Purchaser must complete the Purchase Offer form indicating the purchase price and its message to the Seller before sending the Offer.
Cancellation of a purchase offer
After sending the Purchase Offer, the Purchaser may cancel the Offer as long as the Seller has not accepted the Offer by clicking on “Cancel Offer” from his / her Mail.
Modification of an Offer to Purchase
The Buyer can not modify an Offer to Purchase. If he wishes to make changes to his Purchase Offer, the Buyer must cancel it from his Messaging if it has not yet been accepted by the Seller, then send the Seller a new Offer to Purchase.
Response to Seller’s Offer to Purchase
The Seller has 24 hours from the sending of the Purchase Offer by the Buyer to accept or reject the Offer. Failing response within this period, the Offer will be deemed rejected.
Acceptance of the Offer to Purchase
Upon the sending of a Bid by a Buyer, the Seller is informed by a notification in his Messaging and receives a summary of the Offer. The acceptance of an Offer of Purchase by the Seller returns on the form of Promise of Sale on which the Seller must inform the cost of delivery of the Goods, then validate this Promise of Sale. Acceptance of an Offer to Purchase results in the rejection of any other Purchase Offer received for the same Good.
Upon validation of a Sales Promise by the Seller, the latter undertakes to comply with it.
Refusal of the Offer to Purchase
In case of refusal of the Offer of Purchase by the Seller or in the absence of answer to the Offer of Purchase within the 24h deadline, the Buyer is informed by a notification in his courier.
CARIBBEANBUYSELL reserves the right to cancel, without notice, indemnity or right to reimbursement, any advertisement that does not comply with the dissemination rules of the CARIBBEANBUYSELL Service and / or that may affect the rights of a third party.
Any User is allowed to report abusive content from the Site and Applications:
Or • by clicking on the “report abusive content” link located on each Ad page.
• by mail by clicking on the “contact” link
The Advertiser warrants to hold all rights (including intellectual property rights) or to have obtained all necessary authorizations for the publication of its Announcement.
The Advertiser guarantees that the Announcement does not contravene any regulation in force (particularly regarding advertising, competition, sales promotion, use of the French language, the use of personal data, the prohibition of the marketing of certain goods or services), nor any rights of third parties (in particular intellectual property rights and personality rights) and that it contains no defamatory or harmful message towards third parties.
Thus, the Advertiser undertakes in particular that the Announcement does not contain:
The Advertiser agrees to offer in the Ads only available goods that he has. The Advertiser agrees, in case of unavailability of the property, to proceed with the withdrawal of the Service Announcement CARIBBEANBUYSELL as soon as possible.
The Advertiser declares that he knows the extent of dissemination of the Site, has taken every precaution to comply with the legislation in force at the places of reception and discharges CARIBBEANBUYSELL of all responsibilities in this regard.
In this context, the Advertiser declares and acknowledges that it is solely responsible for the content of Advertisements it publishes and makes available to Users, as well as any document or information it transmits to Users.
The Advertiser assumes full editorial responsibility for the content of the Advertisements it publishes.
As a result, the Advertiser is responsible for CARIBBEANBUYSELL, its subcontractors and suppliers, from all liability, guarantees them against any recourse or action in connection with the Announcement that may be brought against them by any third party, and will take responsibility all the damages and the costs and expenses to which they could be condemned or which would be envisaged against them by a transactional agreement signed by them with this third party, notwithstanding any damages of which CARIBBEANBUYSELL, its subcontractors and suppliers could claim by reason of the damaging facts of the Advertiser.
By depositing any Announcement, each Advertiser acknowledges and accepts that CARIBBEANBUYSELL may delete, or refuse, at any time, without compensation or right to reimbursement of sums entered by the Advertiser for the purposes of its deposit or subscription to Paid Options.
In general, it is the responsibility of the Advertisers to verify their status as an individual or a professional
In the event of the publication of Advertisements by an Advertiser registered as an individual holding a Personal Account, whose activity may be considered as a professional activity, CARIBBEANBUYSELL reserves the right to restrict the use of the CARIBBEANBUYSELL Service, in particular to refuse or limit the number of Advertisements that the Advertiser may post on the Website.
All Advertisements are broadcast, from the day of their deposit, simultaneously on the Website and Applications and for a maximum duration of 60 days (except for the Ad deposited as part of a Holiday Rental Package, broadcast for a period of 6 months). After this initial period of 60 days, CARIBBEANBUYSELL sends the Advertiser an e-mail informing him that his Ad has expired and that it is no longer online and offers to renew his Ad for 2 additional months. If the Advertiser does not renew his Ad within 5 days of receiving this email, he will not be able to extend his Ad and must resubmit it.
The Advertiser also agrees that his Personal Account and / or Pro Account shall not contain:
In this context, the holder declares and acknowledges that he is solely responsible for the information provided when creating his Personal Account and / or Pro Account.
By creating a Personal Account and / or a Pro Account, each holder acknowledges and agrees that CARIBBEANBUYSELL may at any time cancel, without indemnity or right to reimbursement of sums incurred by the Advertiser for subscription to Paid Options .
Specific commitments of Sellers and Buyers using the Secure Payment Service
The Seller and the Buyer using the Secure Payment Service declare:
In addition , the Seller and the Buyer undertake to:
In case of suspicion of any fraud by a Seller or Buyer, CARIBBEANBUYSELL reserves the right to immediately suspend the account of the Seller / Buyer concerned as well as Transactions in progress.
Responsibility of Sellers and Buyers in connection with the use of the Secure Payment Service
The Seller acknowledges that he is solely responsible for the accuracy of the information provided during the verification stage of his identity and that in the event of inaccurate information he will not be able to validate the sending of his Promise of Sale.
It is the responsibility of the Seller to ship the goods purchased to the Buyer as soon as possible after the Buyer has accepted the Promise to Sell. The Seller is solely responsible for the delivery of a good in accordance with his advertisement and, in case of dispute, must demonstrate by any means that the property has been shipped (parcel tracking number, receipt of payment of the shipment, messages exchanged via the Messaging …).
The responsibility of CARIBBEANBUYSELL can not in any case be engaged in case of absence of delivery of the good or in case of delivery of a non-conforming good.
The Seller and the Buyer are solely responsible for arranging any conditions for the return of the Good before the start of the Transaction.
All intellectual property rights (such as in particular copyrights, related rights, trademark rights, rights of database producers) relating both to the structure and content of the Site and Applications including images, sounds, videos, photographs, logos, brands, graphic elements, textual, visual, tools, software, documents, data, etc. (hereinafter referred to in their entirety as “Elements”) are reserved. These Elements are the property of CARIBBEANBUYSELL. These Elements are made available to Users and Advertisers, free of charge, for the sole use of the CARIBBEANBUYSELL Service and the Secure Payment Service.and as part of normal use of its features. Users and Advertisers undertake not to modify in any way the Elements.
Any non-expressly permitted use of the Website Elements and Applications will result in copyright infringement and constitute an infringement. It may also result in a violation of image rights, rights of persons or any other rights and regulations in force. It can therefore engage the civil and / or criminal liability of its author.
No User or Advertiser may copy, modify, create derivative works, reverse design or assembly or otherwise attempt to source, sell, assign, sublicense or otherwise transfer it is all right related to the Elements.
Any User and Advertiser of the CARIBBEANBUYSELL Service undertake in particular not to:
Any reproduction, representation, publication, transmission, use, modification or extraction of all or part of the Elements in any manner whatsoever without the prior written permission of CARIBBEANBUYSELL is unlawful. These unlawful acts engage the responsibility of its authors and are likely to lead to legal proceedings against them and in particular for infringement.
Links from the CARIBBEANBUYSELL Service and / or the Secure Payment Service
The CARIBBEANBUYSELL Service and / or the Secure Payment Service may contain hypertext links redirecting to sites operated by third parties. These links are provided for information only.
Caribbeanbuysell has no control over these sites and declines all responsibility for the access, content or use of these sites, as well as any damage that may result from the consultation of information on these sites.
The decision to activate these links is the full responsibility of the User.
Links to CARIBBEANBUYSELL Service
No hypertext link can be created to the CARIBBEANBUYSELL Service without the prior and express agreement of Caribbeanbuysell.
The contents of the Advertisements belong to the Advertisers, nevertheless, by posting Announcements on the Website, the Advertiser concedes:
– to Caribbeanbuysell the non-exclusive right of exploitation, transferable, sublicensable, free of charge, for the whole world on (i) all the contents of the Advertisements and in particular on the photographs, texts, videos, illustrations, brands, logos, titles (hereinafter the “Content”), as and when published on the Site as well as (ii) a license on all the intellectual property rights relating to the Content and in particular the rights of authors on the elements used in its Announcement, such as photographs, texts, videos, drawings, illustrations, sound elements, for the entire legal term of its intellectual property rights and for the whole world.
The rights thus granted include the right to reproduce, represent, distribute, adapt, modify, create a derivative work, translate all or part of the Content by any means, in any form and on any medium (digital, printed …) known or unknown to date, within the framework of the service CARIBBEANBUYSELL or in relation with the activity of Caribbeanbuysell, and this for commercial purposes or not and especially advertising.
In particular, the photographs of the Ads may be reproduced and incorporated into advertising formats published on the Website, solely in connection with the Announcement filed.
– Users, the non-exclusive right to access the Content via the CARIBBEANBUYSELL Service and to use and represent the Content to the extent permitted by the functionality of the CARIBBEANBUYSELL Service, for the entire world. ”
CARIBBEANBUYSELL reserves the right, at any time, to modify or interrupt the accessibility of all or part of the CARIBBEANBUYSELL Service and / or the Website or Applications.