Marketplace terms of use

1. Scope and operator

These terms apply to the marketplace on mallorca-plus.de: creating an account, posting and managing listings, sending and receiving messages, and reporting listings. The provider portal is covered by the separate provider terms of use.

The operator is Sandor Farkas, Bessemerstraße 51, 12103 Berlin, Germany ("Mallorca Plus", "we"). The single point of contact for users and authorities is hallo@mallorca-plus.de. You can write to us in German, English or Spanish.

2. What the marketplace is and what it is not

• On the marketplace, private individuals offer used or new items that are collected or handed over on Mallorca. We provide the listings, the search and the message thread.
• A purchase contract is concluded only between the users involved. Mallorca Plus is not a party to it, does not inspect the items and gives no guarantee for their condition, authenticity or availability.
• You arrange payment and handover between yourselves. The marketplace has no payment function and no shipping.
• Using the marketplace is free of charge. If we offer paid extras in the future, they never arise automatically, only when you explicitly book them.

3. Account and sign-in

• Only people with an account who are at least 18 years old may post listings. One account per person is allowed.
• Sign-in works without a password, using a link or a 6-digit code that we send to your email address. Keep access to your mailbox private; anyone who has it can sign in as you.
• Your display name is public and appears on your listings and messages. It must not contain contact details, links or offensive content, and must not suggest that you are someone else or a business.
• Interested buyers can also contact sellers without an account. They confirm their first message through a link in their email. Sections 9 to 11 apply to them accordingly.

4. Private sales only

The marketplace is intended exclusively for private sales. Anyone acting commercially, meaning regularly selling goods for profit or offering them as part of a professional activity, may not post here. Commercial providers can use the service directory, which has its own terms. We reject listings that are recognisably commercial.

5. Posting listings

• You only offer items that belong to you or that you are entitled to dispose of, and that can be handed over on Mallorca.
• Title, description, condition and price must be true and complete. You state any defects you know of.
• Photos must show the item offered. You only use photos you took yourself or for which you hold the rights. People must not be recognisable in them unless they have agreed.
• Phone numbers, email addresses, links and references to other platforms do not belong in the title, text or photos. Contact happens through the message thread.
• One item or one set that belongs together per listing. The same item must not be listed more than once at the same time.
• Each account can have at most 20 listings running or under review at the same time.

6. Prohibited items and content

In particular, the following may not be offered:

• live animals, in particular dogs, cats and ferrets: under Spanish animal welfare law (Ley 7/2023) private individuals may not sell them online;
• weapons, ammunition, parts thereof, pyrotechnics and knives that count as weapons;
• drugs, medicines, prescription products, tobacco, e-cigarettes and alcohol;
• counterfeit branded goods, pirated copies and anything that infringes copyright, trademark or design rights;
• stolen, embezzled or otherwise unlawfully obtained items;
• official documents, ID documents, number plates and login credentials for accounts;
• services, job offers, real estate, rentals and holiday accommodation;
• pornographic content, content harmful to minors, content glorifying violence, discriminatory or otherwise unlawful content.

7. Review and publication

• Every new listing is reviewed by a person from the Mallorca Plus team before it is published. After posting, you receive an email with the details. As soon as we have approved the listing, it is online; we do not send a further email for this. You can always see the status under "My listings".
• If you change the title, description, category or photos of an approved listing, it stays online and is reviewed again. Price, region, condition and "reserved" change immediately.
• There is no right to publication. We reject or remove listings that breach these terms or applicable law. In that case you receive an email stating the measure, the reason and the rule the listing breaches.
• Reviews are done manually. We do not use automated systems that decide on publication or removal.
• The overview shows approved listings by the time of first approval, newest first, and can be filtered by search term, category and region. There are no paid placements.

8. AI writing aid

When posting, you can have a draft for title, category, condition and description created from your photos. For this we send the photos to our service provider Anthropic, which generates the draft. The feature is optional; you can also fill in the listing yourself. The draft is only a suggestion: you check it before submitting and you are responsible for the content of your listing.

9. Duration, reserving, ending

• A listing runs for 60 days from approval. About one week before it expires we send you a reminder. You can then extend it free of charge for another 60 days with one click, even up to 30 days after it has expired.
• You can mark a listing as reserved, end it or delete it at any time. When you delete it, we remove the description and photos immediately.

10. Messages

• Interested buyers and sellers write to each other through the message thread on mallorca-plus.de. We do not show your email addresses to the other side. We store the thread so that both sides can read it again.
• We inform you about new messages by email. The email does not contain the text of the message. You reply using the button in the email or under "Messages" in your account; a reply by email does not reach the other person.
• You only use the message thread to handle the listing concerned. Advertising, chain letters, harassment and collecting contact details are prohibited. We hold back messages with a conspicuous number of links until we have reviewed them.
• You only use contact details you receive in the thread for this purchase and do not pass them on.
• Please follow our safety tips: no advance payment to strangers, do not open links to supposed payment or shipping services, do not share bank or login details, and hand over items in person where possible.

11. Reporting listings

Every listing has a form you can use to report content you consider unlawful or in breach of these terms. We confirm receipt by email, review the report promptly and carefully, and inform you of our decision. Please explain your report as precisely as possible. Abusive reports can lead to suspension.

12. Measures in case of breaches and objections

• In case of breaches we may reject or remove listings, hold back messages and, for serious or repeated breaches, suspend your account. We choose the measure that is appropriate in the individual case and explain it to you by email.
• If you disagree with a decision, reply with your reasons to hallo@mallorca-plus.de within six months. A person will then review the decision again. Recourse to the ordinary courts remains open to you regardless.

13. Rights to your content

You grant us the simple, non-transferable right to display the texts and photos of your listings on mallorca-plus.de, to adapt them technically for display (e.g. image size) and to show them in overviews and search. The right ends as soon as you delete the listing or your account. You confirm that your content does not infringe the rights of third parties.

14. Liability

We are liable without limitation for intent and gross negligence and for injury to life, body or health. For simple negligence we are only liable for breach of essential contractual obligations, limited to the foreseeable, typical damage. We are not liable for the items, the information in listings or the purchases between users, because we are not involved in them. Liability under the German Product Liability Act remains unaffected. We try to keep the marketplace available at all times but cannot guarantee this.

15. Deleting your account and termination

• You can delete your account yourself at any time under "My account". Your listings and their photos are removed. In threads where you were the interested buyer, your messages remain readable for the other side; your name and email address are removed.
• We may terminate your use with four weeks' notice by email. In case of serious or repeated breaches of these terms we may suspend your account without notice.

16. Changes to these terms

We may change these terms if features, the legal situation or our offer change. Every change you need to agree to gets a new version. We ask for your consent the next time you post or write; without it you can end existing listings and delete your account, but not post new listings.

17. Applicable law

German law applies. If you are a consumer, the mandatory consumer protection rules of the country in which you have your habitual residence remain unaffected. If individual provisions are invalid, the rest of these terms remains valid.