Terms and Conditions

General Information

These Terms and Conditions of Use ("Terms") constitute a legally binding agreement between you ("User," "you") and Onda México, S.A. de C.V. ("Onda," "the Company," "we," "our," or "us"), a variable capital corporation incorporated under the laws of the United Mexican States, regarding the use of the digital e-commerce platform specialized in live broadcasts for the purchase and sale of collectible sports cards (the "Platform" or the "Service").

By accessing, browsing, registering, or using our Service in any way, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and all policies incorporated by reference, including our Privacy Policy.

Service Description

E-Commerce Platform

Onda operates a digital commercial intermediation platform designed to facilitate the purchase and sale of items between users, through the provision of technological tools and commercial mechanisms, including, but not limited to:

• Live Broadcasts: A tool through which sellers conduct interactive broadcasts in real time through the Platform, for the purpose of displaying, demonstrating, showing, or opening original products, new or used, allowing users to view the condition, characteristics, and functionality of the items during the broadcast.
• Sales through Commercial Dynamics: Sales modalities enabled on the Platform that are developed through dynamic mechanisms, including, but not limited to: auctions, sales by selection of sets to choose, random sets ("random sets"), and pre-bid systems. In such modalities, users accept that the conditions, participation rules, final prices, and assignment of items are determined according to the specific dynamic established by the seller at the time of the offer, without the possibility of modification once the operation has begun.
• Dynamic Auctions: Competitive bidding mechanisms for specialized products
• Direct Sales: Immediate transactions of products at fixed prices

Eligibility and Account Registration

Eligibility Requirements

To use our services, you must:

• Be 18 years of age or older or have verifiable parental consent
• Have legal capacity to enter into binding contracts
• Provide truthful, accurate, and complete information during registration
• Keep your contact and profile information up to date
• Comply with all applicable laws in your jurisdiction

User Conduct Rules

Acceptable Behavior

Onda users must:

• Maintain respectful communication in the chat during auctions
• Make honest bids with real intention to purchase
• The user must have, at the time of participating in any sales dynamic, sufficient balance in their bank account or a valid credit card with available funds to cover the total amount of the transaction. Payment will be considered automatically authorized and completed at the moment the user wins the corresponding dynamic during the live broadcast, without requiring additional confirmation.

Prohibited Behavior

The following conduct is strictly prohibited. Failure to comply with any of them will result, immediately and without prior notice, in the definitive and irreversible removal of the user from the Platform, without the right to reinstatement, compensation, refund, or any claim:

• Shill bidding (bidding on your own items or coordinating fake bids)
• Harassment, offensive or discriminatory language towards other users
• Creating multiple accounts to manipulate auctions
• Selling counterfeit items or replicas as authentic
• Payment fraud or use of unauthorized payment methods
• Price manipulation or collusion between users

Commercial Transactions

Payment Methods

Onda processes all payments securely:

• We accept credit and debit cards through Stripe
• Payments corresponding to sales made through the Platform will be processed within a maximum period of forty-eight (48) business hours, counted from the confirmation of the transaction. Such payments will be reflected exclusively in the seller's profile, within the section called "My Payments", with said record being the official means of consultation and verification of the credited amounts.
• All transactions are conducted in Mexican Pesos (MXN)

Buyer Obligations

As a buyer, you agree to:

• The user must have, at all times, sufficient funds or balance to fully comply with the purchase transaction, given that transactions made through the Platform are conducted in real time.
• Provide accurate and complete shipping information
• The user will have a maximum period of seventy-two (72) natural hours, counted from the receipt of the product, to report any defect, damage, shortage, or disagreement related to the purchased item. After said period without the corresponding report being made, it will be understood that the product was received in full conformity, with Onda and the seller being fully exempt from any responsibility, claim, or guarantee regarding defects not reported within the established period.

Seller Obligations

As a seller, you agree to:

• The seller is obligated to ship the sold items in a timely manner, in accordance with the shipping instructions, conditions, and deadlines requested by the buyer at the time of the transaction, provided that such deadlines have been expressly accepted by the seller. Compliance with shipping times will be the sole responsibility of the seller.
• The seller is obligated to provide the buyer with verifiable evidence of the shipment of the sold product, including photographs of the packaged item and the tracking number of the corresponding courier service, in order to reliably and legally prove the shipment. Such information will constitute sufficient proof of compliance with the seller's dispatch obligation.
• Properly package items to prevent damage during shipping
• Provide tracking number and shipment tracking
• Sell only authentic items that you own

Refund and Dispute Policy

Dispute Process

In case of problems with a transaction:

• The buyer must contact the seller mandatorily and prior within a maximum period of forty-eight (48) hours after the end of the live broadcast in which the purchase was made, in order to address any clarification, coordination, or management related to the transaction. Failure to make such contact within the established period may limit or exclude the attention of subsequent claims.
• If not resolved, escalate the case to Onda support with photographic evidence
• Onda will review the case and make a decision within 5 business days
• Onda's decision will be final and binding for both parties
• Onda will not be responsible for double bids, duplicate offers, human errors, unintentional mistakes, or any action taken by the user when bidding on a product, regardless of the cause. Consequently, no refund, return, cancellation, or compensation will be made by Onda, with the user being solely responsible for the bids made from their account.

Refunds

Refund policy:

• Item does not match description: full refund
• Onda will not be responsible for damages, losses, or deterioration caused to items during transportation by courier services. Likewise, the seller will be exempt from liability when they have provided verifiable evidence of correct packaging and shipping of the product, including photographs prior to dispatch. In the event that the seller has not provided such evidence, they will assume the corresponding responsibility and must directly manage a solution with the buyer, without this implying any responsibility for Onda.
• Item not received: full refund after investigation
• Buyer's change of mind: refund does not apply
• Counterfeit items: full refund and seller suspension
• The user will have a maximum period of three (3) months, counted from the date of the transaction, to make any request, claim, or management related to the purchased product. After said period without any request being submitted, the seller and Onda will be completely exempt from responsibility regarding the product, without any claim, replacement, refund, or compensation of any kind being applicable.
• Onda does not make monetary refunds under any circumstances, except in the specific and verifiable case of double charges resulting from the same purchase made during a live broadcast. Outside of this exception, no refund, return, compensation, or restitution of any amount will apply, whatever the reason invoked by the user.

Intellectual Property

• Onda y su logotipo son marcas registradas. Todo el contenido de la plataforma está protegido por derechos de autor.
• Los usuarios conservan los derechos sobre el contenido que publican, pero otorgan a Onda licencia para mostrar dicho contenido en la plataforma.
• Está prohibida la venta de artículos falsificados o que infrinjan derechos de propiedad intelectual de terceros.
• Onda se reserva el derecho de eliminar contenido que infrinja derechos de terceros y suspender a los usuarios infractores.

Limitation of Liability

Termination

Onda puede suspender o terminar cuentas por violaciones a estos términos, incluyendo pero no limitado a:

• Venta de artículos falsificados o no auténticos
• Fraude o manipulación de subastas
• Acoso o comportamiento abusivo
• Incumplimiento repetido de obligaciones de pago o envío

Los usuarios pueden eliminar su cuenta en cualquier momento desde la configuración de la app.

Las transacciones pendientes deben completarse antes de la eliminación de la cuenta.

Jurisdiction and Applicable Law

These Terms are governed by the laws of the United Mexican States. Any dispute shall be submitted to the exclusive jurisdiction of the competent courts of Mexico City, Mexico.

Modifications

Onda reserves the right, at its sole discretion, to modify, update, or replace these Terms and Conditions at any time, without prior notice. Modifications will take effect from their publication on the Platform, and it is the user's responsibility to review them periodically. Continued use of the Platform will constitute express acceptance of such changes.

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