TERMS OF SERVICE
These General Terms of Use apply to every way of using our Online Marketplace, and rapresents a legal agreement between you and Memorabid S.r.l. (hereinafter, Memorabid or “us”), with registered office in Via Caldera 21, 20153, Milan, Italy, owner of the online platform www.memorabid.com (hereinafter, the Platform). By accessing or using our Online Marketplace, you agree to be bound by the Terms of Use. Please read them carefully so you know your rights and obligations when you use our Online Marketplace.
Any modifications, changes, additions or updates do not require notice and will be directly reported on this page, and the use of the Platform by the user is subject and subordinate to such modifications, changes, additions or updates.Users can view the update date of the Terms & Conditions at the bottom of the page. We invite you to periodically check the page to view and accept any updates and changes made.
Description of the service:
Memorabid offers an Online Platform where you can bid on, buy, and sell special objects (‘Lots’) or “experiences” via our online, automated auctions (‘Online Auctions’). We consider everyone who uses our Online Marketplace a ‘User’ (or ‘you’). Users who purchase Lots are called ‘Buyers’ and Users who (intend to) sell Lots are called ‘Sellers’. Your use of any Service on our Online Marketplace means that you explicitly consent to Memorabid providing Services to both the Buyer and the Seller.
Memorabid is not a party to the Contract of Sale. Memorabid is not a party to or subject to the Contract of Sale or any other arrangements made between the Buyer and the Seller pursuant to the Contract of Sale between the Buyer and the Seller (including but not limited to shipment arrangements). Memorabid is (therefore) not subject to any post contractual information obligations. A Seller who uses our Online Marketplace to submit a Lot for auction, makes a binding offer to enter into the Contract of Sale for that Lot with a prospective Buyer. A Buyer accepts the offer to enter into a Contract of Sale by submitting a bid. The Buyer who is the highest bidder at the end of the auction will automatically enter into the Contract of Sale with the Seller of a specific Lot for the amount of the highest bid (the ‘Purchase Price’). In case however, the Seller has set a minimum price (‘Reserve Price’) and the Reserve Price is not met, no Contract of Sale is concluded.
Your Privacy:
Respecting the proper processing of your personal data is important to us. In our Privacy Policy, you can read how we handle your personal data. By accessing or using our Online Marketplace, you acknowledge that we can process your personal data for the purposes described in our Privacy Policy.
Your Memorabid Account:
You can visit the platform and access some of the features without registration, however before being able to use our Services, you will need to create a Memorabid account (‘Account’). In principle, and to the extent permitted by applicable law, including any economic sanctions laws and regulations applicable to Memorabid, anyone may register with Memorabid. However, if you are not of legal age or in any other way legally incompetent to act, you must get permission from your legal guardian(s).
The legal jurisdiction of the country of origin of the user takes precedence over any article of these Terms & Conditions, which is why, if the user is subject to the jurisdiction of a country that provides for a restriction on the use of the Platform, features or various features provided for reasons of age, or limits the possibility of accepting these Terms & Conditions for other reasons, the user is obliged to abide by these limits.
Below you can find the rules related to the use of your Account:
Provide accurate information. When creating your Account you must provide complete and truthful information about yourself and/or your company. It is prohibited to provide false information, impersonate another person and/or company through your Account or use your Account on behalf of another person in order to circumvent our Terms of Use or policies. You need to keep your Account information up-to-date at all times. Memorabid is not liable for any damage resulting from false or inaccurate information provided by a User.
Pick a proper username. Your Account (and, if relevant, Seller) username must be appropriate and not considered offensive, vulgar, or misleading and may not infringe on the intellectual property rights or other rights of third parties or otherwise violate the Terms of Use.
Protect your Account. You must keep your username and password combination secret at all times. You alone are responsible for any activity related to your Account. We are entitled to assume that only you can sign in using your e-mail address and password. Your responsibility is total and exclusive. If someone (whether an adult or a minor) uses your account by accessing it from your unattended device, or by using your email and password because they were not kept confidential, you will still be held responsible for every action performed from your account and recorded in our systems. In the case of an unpaid purchase, the credit cardholder registered on Stripe will be jointly liable, along with the account holder, for settling the entire outstanding debt related to the payment of the won lot. Under no circumstances will the credit cardholder be allowed to disclaim responsibility for the purchase.
Restrictions to your Account. To keep our Online Marketplace safe and reliable, we reserve the right (i) to deny you the ability to create or delete an Account, (ii) to restrict or limit the use of your Account, (iii) to terminate your Account, and (iv) to terminate your right to access your Account.
Restrictions to Accounts related to you. In addition to the above, we may also suspend, restrict, or terminate your use of our Online Marketplace via any and all other Accounts that are used by you, related to you or used under your instructions (‘Related Accounts’). We may assume an Account is a Related Account if we can manually or automatically match enough overlapping data points between different Accounts. Consequently, we may take any of the protective measures listed in the Seller Terms and/or Buyer Terms against all Related Accounts. In the event you do not agree with our findings, you will bear the burden of proof that the relevant Accounts are not Related Accounts.
If you violate our Terms of Use, you are no longer allowed to use our platform or register. If we have restricted, limited, suspended or terminated your Account in line with our Terms of Use, you are not allowed to register a new Account or access and use our Online Marketplace through another User’s Account.
The user agrees to immediately notify Memorabid - by email at info@memorabid.com - of any improper use of the account, or of any other misuse of the account itself.
Auction Rules:
In order to ensure that our Online Auctions run smoothly and are free from interference, immoral, fraudulent and unlawful behaviour and behaviour that is contrary to our Terms of Use, the following rules apply:
Our instructions are binding. You will comply with any and all reasonable directions and instructions with respect to our Online Auctions that are given by us or on our behalf. If a situation arises that is not covered in our Terms of Use, if there is a dispute between Users, or if other irregularities arise, we will decide how to proceed. For example, in case there is doubt about the authenticity of a Lot, we may instruct you to send the Lot to us.
Every bid is binding. Every bid submitted in our Online Auctions via the automated procedure(s) provided for by us (‘Bid’) is binding and any Bids made from your Account will be deemed to have been made by you, even if the Bid is placed by someone else who uses your Account.
We do not allow out-of-platform deals.Our users are prohibited from activities that avoid Memorabid fees, intentionally or not. This includes:
- Making offers to buy or sell outside of Memorabid;
- Linking or promoting sites, items, or catalogs that can be used to order items outside of Memorabid;
- Requiring a Buyer to make additional purchases or to agree to terms outside of the listing;
- Canceling contracts or not performing after a closed auction because the desired price has not been met;
- Charging excessive shipping and additional fees not already included in the price of the item, or passing Seller fees on to the Buyer; and
- Falsely canceling orders using “Buyer hasn't paid” as a reason, or refusing payment at the end of a successful transaction.
You are not allowed to directly contact other Users or third parties to enter into a contract of sale outside of Memorabid. As regards Lots offered on our Online Marketplace, you are not allowed to directly contact other Users or third parties to enter into a contract of sale outside of Memorabid. This restriction is necessary, because selling a Lot through another sales channel while it is in one of our Online Auctions would mean not only a violation of the trust of our Users but also a direct violation of our Terms of Use as well as the Contract of Sale (as the obligations thereunder can no longer be performed).
Obbligation to enter credit card data, binding, commitment to pay within 48hrs, custody and safekeeping. Before you are able to bid on a Lot, you should provid your credit or debit card information so that your Bid may be properly confirmed. These datas will be collected by Stripe (https://stripe.com), Memorabid has no access to them.
During this confirmation we never processed or pre-authorized any amount on the card. Only if the user will be the winner of an auction, and he does not proceed himself paying the total amount within 48 hours, Memorabid will process the transaction through Stripe for the total due amount through the registered payment method. If in the registered payment method does not present enough money to cover the toal amount, will be processed, as a penalty, an amount equal to the 15% of the awarding price, or a minimum of 150 euros, for each lot won.
A user who does not proceed with the payment of their purchase within 48 hours of winning the auction, becoming delinquent and violating these terms and conditions by avoiding to make the payment within the maximum stipulated timeframe, acknowledges what is established before in those "Terms & Conditions".
Memorabid will not be held liable for any theft, damage, or loss of the purchased item if the winning bidder does not complete the payment within 48 hours from the listing closure, thereby preventing Memorabid SRL from shipping the item in a timely manner, close to the completion of the sale. Similarly, Memorabid will not be held liable in any case if the buyer, after making the payment, wishes to physically collect the item from Memorabid more than 96 hours after the listing closure, which is the maximum time period during which Memorabid SRL can be considered responsible for the safekeeping of the item purchased by the user.
No partial checkout. A user who wins multiple lots will not, under any circumstances, be allowed to pay for only part of them while exempting themselves from paying for the others. If the user has already completed the payment for the first won lots, they acknowledge that these will not be shipped or delivered until the subsequent payments are settled as well. All items will only be delivered once the full checkout is completed, meaning when all outstanding payments have been cleared.
We may terminate your participation in an Online Auction. We are entitled to temporarily suspend or permanently disable the possibility for you to bid on specific Lots or in specific Online Auctions at any time (before, during, and after an Online Auction).
We may remove a Bid from an Online Auction. We are entitled, at our own discretion, to remove a Bid from an Online Auction if we deem this necessary, such as in the event of possible abuse or fraud or in the event of a mistake.
It is specified, to avoid any misunderstanding, that this authority is exclusively held by Memorabid SRL. Under no circumstances does the user have the right to remove, or legitimately request the removal of, a Bid from an online Auction.
We may remove a Lot from an Online Auction. We are entitled, at our own discretion, to remove a Lot from a scheduled or active Online Auction if we deem this necessary. If we remove a Lot, all placed Bids will be removed as well.
We may extend Online Auctions/Lots. In exceptional circumstances, but at our own discretion, we may extend an Online Auction or a Lot so that the auction will end on another day or time.
We may, in exceptional circumstances, dissolve a Contract of Sale. In exceptional circumstances, including but not limited to force majeure, situations of (suspected) fraud or illegal activity, errors in or outages of our Online Marketplace or situations in which there is a risk of serious adverse consequences for Memorabid or any of our Users, Memorabid has the right to dissolve a Contract of Sale (‘ontbinding’), such without any (notice of ) default or other condition of formality being required. You irrevocably agree that Memorabid has this (third party) right under the Contract of Sale and that this right can be invoked against you. In addition, you hereby grant Memorabid an irrevocable power of attorney to invoke this right.
Minimum Increment: The minimum increment represents the lowest amount that a bidder can add to the current bid during an auction. Each bid must comply with the minimum increment specified for the value range of the lot in question, as outlined in the table below. This system ensures an orderly and transparent progression of bids, allowing for a steady advancement towards the final awarding of the lot.
• €0 to €150.00 = €5
• €150,01 a €300 = €10
• €300.01 to €500.00 = €20
• €500.01 to €1,000.00 = €30
• €1,000.01 to €2,000.00 = €50
• €2,000.01 to €3,000.00 = €100
• €3,000.01 to €5,000.00 = €200
• €5,000.01 to €10,000.00 = €300
• €10,000.01 to €25,000.00 = €500
• €25,000.01 to €50,000.00 = €1,000
• €50,000.01 to €250,000.00 = €2,500
• up to €250,000.01 = €5,000
No right of withdrawal:
Memorabid is not just a "marketplace," an "e-commerce" site, or an "online auction platform." Memorabid SRL is an official auction house, registered and recognized by the Italian Chamber of Commerce.
It should be clarified and made explicit that the amending directive (EU) 2023/2673, which regulates the right of withdrawal from all distance contracts, does not apply to public auctions.
This exclusion is established by Directive 2011/83/EU on consumer rights, which was implemented in Italy through the Consumer Code, Legislative Decree 206/2005.
According to Article 16, letter (l) of Directive 2011/83/EU, the right of withdrawal is not provided for "the supply of goods which are sold at a public auction," such as those auctioned by Memorabid SRL.
Therefore, the awards of our auctions are not subject to the right of withdrawal, meaning that the user cannot exercise the right of reconsideration after winning an auction, as is possible for fixed-price purchases on digital platforms where sales are finalized by correspondence and at a fixed price.
Furthermore, Article 3 of the Directive specifies that the right of withdrawal does not apply to contracts concluded between consumers and private individuals, such as those in the majority of auctions held on Memorabid.
Auction regulation in the Marketplace section:
Memorabid is unable to verify the quality and authenticity of the Items listed on the Marketplace section of the Platform, nor does it have control over some of the activities or actions of the Sellers listing the aforementioned Items. All descriptions of the Items, including conditions, are provided by the Sellers under their sole responsibility, and Memorabid does not guarantee or certify the accuracy, completeness or adequacy of the information relating to an Asset. Memorabid does not independently verify the information provided by the Sellers, and the sole and total responsibility for verifying and evaluating whether an Asset is adequate falls on the user. Similarly, the user acknowledges and accepts that Memorabid is not responsible for any content published by the Sellers, and therefore does not assume any responsibility or merit for such content.
Messaging:
Users registered on the platform can exchange messages with each other and also with Memorabid, which has the right, but not the obligation, to monitor every activity and content present in the messages. The user agrees and acknowledges that his messages are accessible to Memorabid and the members of his team, exclusively for purposes related to the use of the service. Memorabid and its employees, collaborators or anyone with access to this data undertake not to disseminate in any way any content present in this section.
Direct purchase proposal:
The Memorabid digital platform allows any user to be able to send a purchase proposal to the winner of a previously closed auction with the aim of purchasing the Item already sold on the platform from them. If the first buyer accepts the purchase proposal through a direct offer, he will in turn become the seller and principal of the sale. Memorabid will become a sales agent on his behalf and on his behalf, will receive payment from the incoming buyer and each process will be equalized and determined as already described above in relation to the rules concerning the award of an auction.
By sending the direct purchase proposal, the BIDDER and the RECIPIENT take both respective mutual commitments:
- The bidder takes a concrete, formal and binding commitment for his offer payment terms and timing in the case it would be accepted.
Like an auction awarded, it undertakes to make the payment of the due amount within 48 hours starting from offer acceptance. The rules relating to the commitment and registration of the credit card is the same as an auction awarded and is the one governed by the Terms and conditions of the platform, which are to be interpreted as an integral part and object acceptance.
- The recipient, in the same way, undertakes to ship within 48 hours from his offer acceptance, by express courier, the item that has been resold to Memorabid SRL headquarters (located at the Polo Tencnologico di Pavia, via Fratelli Cuzio 40, 27100 Pavia).
By sending the offer and its acceptance, the BIDDER and RECIPIENT formally accept related costs too:
- The bidder will have to add only shipping and insurance costs to the amount stated in the direct purchase proposal, as well as the award of any auction on Memorabid. Click HERE to know specific shipping and insurance costs.
The lot could come from an extraUE country. In this case is possible that customs duties must be pay to receive the package, the bidder accepts this eventual cost at his expense and undertakes to pay it.
- The recipient, by accepting the direct purchase proposal, agrees and is aware about Memorabid fee, equal to the standard of the platform for any sale: 15% on the bid value + 3% as a flat rate to cover transaction costs through digital payments and credit cards. Money spent by the bidder will be held by Memorabid until the new buyer will receive the item and will turn out to be satisfied with it. The payment to the first winner, now seller for this lot, will be made after 14 days from the day the bidder will receive his item. The recipient simply will have to update his profile page entering his bank details to be paid.
Payments Transactions:
Buyers and successful bidders will have to pay the price of the final Item, at the award amount, with the addition of other applicable costs, including VAT or shipping costs (including shipping costs related to the return of the items if the user rejects a object of auction or direct sale), insurance costs, costs related to customs clearance, service costs, etc., visit our sales, fees, shipment and payments pages and consider any cost:
http://www.memorabid.com/become-seller
http://www.memorabid.com/how-works-memorabid
http://www.memorabid.com/payments-shipments
In order to process the transactions Memorabid makes use of various payment services; the specifics of these services also include the management of user information traffic with the help of credit card networks. Memorabid is not responsible for the actions or performance of the aforementioned services, as it is not affiliated with any of these, as a result of this, Memorabid takes no responsibility for the actions attributable to each of these services, including those relating to payments; as regards any damage or loss, the user acknowledges the non-responsibility of Memorabid.
Those who offer the services mentioned above also have the data provided by the user at the time of the transaction, and the use of this data is governed by the privacy policies of third party services. Where the user wins an auction or buys an asset, Memorabid will use the payment method chosen by the user.
Following the award of an auction, Memorabid will immediately make the payment to the user for amounts not exceeding 5,000 euros.
If the final amount exceeds 5,000 euros, Memorabid will contact the user using the e-mail indicated by him at the time of registration: the purpose of this communication is to confirm whether the previously indicated payment method corresponds to the one actually chosen, or whether the user would prefer to use a different method. If the e-mail is not answered after 48 hours, Memorabid will proceed with the transaction through the payment method originally indicated.
As a rule, the asset in question is assigned exclusively following a regular payment, finalized through the platform. With regard to each payment transaction, the user agrees and undertakes not to provide an invalid method or without the necessary authorization, and recognizes each payment as definitive and non-refundable
For any questions relating to payment transactions, do not hesitate to contact us at the following address: info@memorabid.com
Statement concerning the deductibility for taxes related to payments:
Memorabid cannot say with certainty that any payment made by the user is deductible for tax purposes.
Memorabid is not responsible in any way in relation to possible discrepancies where the payment is declared as deductible by state entities, nor can it be held responsible for them. Before declaring the purchase made as deductible, it is always recommended to contact your financial advisor to find out if and to what extent a purchase can be declared as such, especially if the purchase is connected to the receipt of a prize.
Copyright:
All contents on the platform, unless otherwise provided, are produced, protected by copyright, by Memorabid or its third party suppliers or authorized users. The contents are protected by Italian copyright law. The set of all contents (and mutual distribution) is owned by Memorabid, and is protected by Italian copyright law. Except where specified, there is no authorization for modification, copying, distribution (for a fee), transmission, display, reproduction, reuse, publication, license, download, storing for later use, inspiration for other works, transfer or sale of any information or content obtained through the Platform, be it in part or in its entirety. The authorization can only be recognized upon request to Memorabid or its third party affiliates or authorized users. The use of content by users in the absence of authorization may violate copyright and copyright laws and is sanctioned by the same. Memorabid cannot guarantee that the use of any type of content shown on the Platform does not violate the rules and laws of the Italian State towards third parties.
Content Ownership and License:
When using our Online Marketplace, you can upload certain material, such as descriptions of Lots, photographs of your Lots, videos, certifications of authenticity, specifications, opinions, messages, offers, and/or announcements (‘User Material’). The following rules apply for any User Material you upload:
You understand and accept that you are responsible and liable for all User Material you place on our Online Marketplace.
You acknowledge and agree that the User Material you upload or place on our Online Marketplace:
- Is not misleading, inappropriate, or false;
- Is not discriminatory and/or derogatory in any way or otherwise offensive, does not call for violence against and/or the harassment of another person or other people and, in our opinion, is not in conflict with public morality or good taste, is not violent, does not contain a link to pornographic material or pornographic websites, and does not promote committing illegal activities;
- Does not consist of chain letters, junk mail, or spam and does not contain links to websites, commercial or otherwise;
- Cannot have a negative effect on the reputation or good name of Memorabid and our affiliated companies and/or our employees;
- Is unencumbered, is not in conflict with any laws or regulations or with the Terms of Use, does not infringe on any rights of third parties (including, for the avoidance of doubt intellectual property rights and other ownership rights), and is not otherwise unlawful towards third parties or Memorabid; and
- In case such User Material contains personal data, the uploading or placing of User Material is in compliance with the applicable privacy laws.
By placing User Material on our Online Marketplace, you grant us a free, unencumbered, global, non-exclusive, perpetual, and irrevocable licence to communicate your User Material to the public and/or to reproduce it for all purposes we deem necessary (including promotional purposes). You will retain all intellectual property rights to your User Material.
This licence allows us to promote your Lots and promote our Online Marketplace in any format and through any channel both on- and offline. Under this licence, we can translate your User Material and promote it on our homepage or in any other promotional material (including social media), with the goal of promoting your Lot and/or our Online Marketplace. That is also why the licence does not end when your Account is deleted or you decide to stop using our Online Marketplace. You also agree not to assert any moral rights against us for using your User Material.
We are entitled to have the User Material of a particular Lot translated (including through machine translation) so that Lots can be offered to Users in multiple countries. We may, at our own discretion and in exceptional circumstances, adjust the Lot description, remove the Lot from auction, dissolve a Contract of Sale or cancel a transaction. Cancellation of the transaction means that the facilitating role of Memorabid in the conclusion and/or performance of the Contract of Sale comes to an immediate and irrevocable end. Such circumstances include incorrect Lot descriptions and translation errors.
We are entitled to remove or change User Material from our Online Marketplace, without any liability for any damage and without being obliged to pay any compensation to any party.
If you think that certain User Material is unlawful, we kindly ask you to report this to us. You can find more information on how to notify us. We are only obliged to remove unmistakably unlawful User Material after receipt of a notice. We may refuse a request to block, remove User Material, or discontinue an activity if we have concerns about the validity of the notice or the legitimacy of the evidence submitted.
Monitoring / Termination:
Memorabid holds the right to ascertain and prosecute any transgressions concerning the above according to the provisions of the law. The user acknowledges that Memorabid is not burdened by any obligation to monitor access to the platform, but has the right to apply these measures in order to monitor the Platform and provide the aforementioned services, to ensure that the user complies with the Terms & Conditions, and comply with an obligation of law or of a court, government agency or other institutional body.
Memorabid has the right, but not the obligation, to supervise all activities and content related to the Platform. Memorabid reserves the right to investigate with regard to any violation and complaint concerning the policies of the Platform; she is also the holder of the right to exercise any type of appropriate action. Furthermore, she reserves the right, at any time, and without any notice or motivation, to suspend, close an account, to partially or totally limit its use.
Disclaimer:
Although Memorabid aims to provide an efficient and reliable Platform, the information, the Platform, the Items and the descriptions of the Items and services may contain errors, omissions and other inaccuracies. The user autonomously bears the risk arising from the use of the Platform and related services, information on the Items and information published on it.
Memorabid does not offer guarantees regarding the correct functioning of the Platform, nor does it ensure that the files or information downloaded from the Platform are free from viruses, contamination or features that are potentially harmful to the user.
Waiver of Claims / Release:
Since Memorabid cannot be held responsible for any declaration, promise, information or communication provided by the Sellers, or for the conditions or authenticity of any Asset (and the user's satisfaction with regard to an Asset), and since it does not declare any assertion certain about the possibility of making part or all of the payments made deductible from taxes, Memorabid is exempt from any appeal filed by government tax bodies regarding statements made by users.
Indemnity:
You agree to defend, indemnify and hold harmless Memorabid and affiliates, and their respective employees, subsidiaries, any joint ventures, affiliates, agents, developers, directors, appointees and lawyers from any cause, proceeding, damage, injury, liability, loss , costs and expenses (including legal fees) related to or arising from (i) your breach of these Terms & Conditions, or (ii) from any act or omission related to the use of the Platform.
Governing Law:
The aforementioned Terms & Conditions have been drawn up and their compliance will be ensured in compliance with Italian law. The User and Memorabid both agree to settle any dispute under the terms of this law.
Terms and termination:
From the moment the user accesses the Platform, the Terms & Conditions and his right to use the Platform become effective and remain so, binding and enforceable until the end of the use of the Platform. Furthermore, Memorabid has the right to pursue legal actions where a user operates on the Platform for misleading or contra legem reasons, or the use of the Platform violates these Terms & Conditions. The exercise of this right by Memorabid is aimed at defending its name, its credibility, its business and other users. In addition to this, Memorabid reserves the right to interrupt the use of the Platform by a user, with or without motivation. The interruption of the activity will be carried out promptly and without notice. Any user who disagrees with the Terms & Conditions will have the right to stop using the Platform and its services. The user can also obtain the removal of information related to the account, if he has previously registered, by sending an email to info@memorabid.com
Intellectual Property Complaints:
Memorabid recognizes and respects the intellectual property of third parties and invites anyone who visits the Platform to do the same. If you find an improper use of your work on the Platform, please notify it to the following email: info@memorabid.com.
Waiver of Class Action:
The user and Memorabid acknowledge and agree that each procedure put in place to settle any type of dispute will be established individually, and that both parties will refrain from seeking a solution based on the principles of class action, collective action (and others types). The user and Memorabid will refrain from taking part in a dispute in a representative capacity. No dispute will be merged with others (previous or future) without the prior written consent of each party involved.
Miscellaneous:
The above Terms & Conditions constitute the entire agreement between Memorabid and user, govern the use of the Platform and prevail over any previously concluded agreement. The user without the written consent of Memorabid will not be able to transfer any of these terms to third parties.
Changing the Terms of Use:
We may amend or supplement the Terms of Use at any time by posting the amended Terms of Use on our Online Marketplace. If an amendment or supplementation will significantly affect your rights or obligations, we’ll notify you by email or bring the changes to your attention during your use of our Online Marketplace.
If you continue to use our Online Marketplace after the Terms of Use have been amended or supplemented, you irrevocably accept the amended or supplemented Terms of Use. If you do not wish to accept the amended or supplemented Terms of Use, you are free, and your only remedy is to stop using the Online Marketplace and delete your Account.
Memorabid may transfer rights and obligations that follow from the Terms of Use to third parties and we will inform you if this happens. If you do not find the transfer of obligations to a third party acceptable, you can discontinue using the Online Marketplace and delete your Account, subject to the applicability of the Terms of Use, including Article 9 of these General Terms of Use.
Any alleged transfer by the user of these Terms & Conditions will be considered void without the prior written consent of Memorabid. Memorabid has the right to transfer the Terms & Conditions to third parties in the absence of the user's consent. The inability of Memorabid to demand proper compliance with the Terms & Conditions is not intended as a waiver of these. The Platform is not designed for use or distribution by users located in a legislative area where the use of the Platform is not permitted by law.
It is Memorabid's right, eventually, to limit access and use of the Platform to jurisdictions, people and geographic areas at any time at its discretion.
With regard to the provisions of the Terms & Conditions or in relation to the use of the Platform, the user and Memorabid are not bound by joint ventures, partnerships, terms of use.
Severability:
If any provision(s) in the Terms of Use is/are void or invalid in whole or in part for any reason, the User and Memorabid remain bound by the remaining Terms of Use. We will replace the void and/or invalid part (with regard to the specific User or specific situation) by provisions that are valid. These new provisions will have legal consequences that are in line with the invalid provisions as much as possible, based on the contents and object of the Terms of Use.