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Report: #1259973

Complaint Review: WALLAPOP, S.L. - Barcelona Internet

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  • Reported By: RASCHKA — SAN DIEGO California USA
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  • WALLAPOP, S.L. Carrer de Casp 162, 2ª planta Internet Spain

WALLAPOP, S.L. CEO Agustín Gómez, Gerard Olive, Miguel Vicente Terms & Conditions Abuse U.S. Civil Rights Barcelona Internet Spain

*REBUTTAL Individual responds: Walapop stole my App

*Author of original report: "Why America Is No Longer Great..."

*General Comment: Want...

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Complaint Filed:

10.08.15 14:30PM PST

 

COMPANY NAME:

Wallapop, S.L.

 

DESCRIBE COMPLAINT:

 

Wallapop provides a virtual garage sale service by use of an app found both using Apple iTunes and the Google Play store. They delete your listings without logical reason. The email that follows is not clear but they insinuate your photos or items listed are either stock photos, 2nd or 3rd party images, stolen images from another listing, unrelated, or images of low quality. Wallapop also advances through exploitation of your account because if you list items using another competitor service such as OfferUp, Close5, VarageSale, etc. which is NOT exclusive to Wallapop, you will be banned! SEE EXAMPLE 3 BELOW!

 

My personal account has been harassed and discriminated using the Wallapop "Service"! I have received approximately 30 copies of various different emails from the Wallapop service removing my listings. Personal screenshots were taken from my mobile phone proving how my account was being tampered and the service interrupted as they attempted to log me out remotely. A short video clearly shows how I used a friends Android based mobile phone in attempt to login was denied stating the "account has been disabled". Several screenshots were also taken from Wallapop's online reviews found at the Apple iTunes store from other members experiencing the exact or similar problems using their service.

 

My account is currently revoked, suspended, or permanently restricted since 10.05.15 due to this issue. I'm no longer able to remain logged in to view my listed items, remove my personal information and intellectual property, or to use the service as intended. Many individuals have posted similar complaints using the Apple iTunes store review option to warn and notify new members wishing to download the treacherous software.

 

Every attempt to communicate with Wallapop using the provided accusation email address has been in vain. IF they do respond, they strictly conversate only in Spanish towards English speaking members. They WILL NOT respond twice. Wallapop adamantly conveys within their Terms and Conditions statement that all complaints, disputes, and legal proceedings must originate only in writing *(19). This information must be sent to their country located at Barcelona, Spain set as the venue. I wonder if Apple, Google, Facebook, etc. and any other large company follow this ridiculous behaviour? Why must we tolerate and endeavor such hardship? Because Wallapop, it's officers, moderators, employees, 3rd party affiliates, et al are worthless s**t and they should be banned from the United States.

 

*16) Claims

In the event of a claim, cause of action, or dispute between Wallapop and you, you and Wallapop agree that any judicial proceeding will be brought in the Spanish courts local to the registered office of Wallapop. Both you and Wallapop consent to venue and personal jurisdiction there, regardless of your location. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. These Terms and Conditions of Use shall be governed and interpreted in accordance with the laws of Spain, regardless of your location or any conflict or choice of law principle.

*17) Assignment

You may not assign any of your rights under these Terms, and any such attempt will be void. Wallapop may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.

*19) Notices and Provider of the Service

The provider and proprietor of the Wallapop Service is: WALLAPOP, S.L. with registered office in Barcelona at: Carrer de Casp 162, 2ª planta (C.P. 08013), holding tax identification number B66049057 and registered in Barcelona Companies Registry in Volume 43796, Sheet 21, Page B-438613, Entry 1.

Wallapop may notify you by postings on www.wallapop.com or on the Service, and by email or any other communication means to contact information you have provided us. All notices given by you shall be in writing and addressed to the following address:
WALLAPOP, S.L., Carrer de Casp 162, 2ª planta (C.P. 08013).
Any notices that you provide that does not comply with this Section (Notices and Provider of Service) shall have no legal effect.

 

I am a citizen of the United States! I don't abide by laws from a country where I DO NOT reside. f**k Spain!

I DO NOT revoke ALL or ANY rights I am entitled from using a service made available to the U.S. or provided abroad to any other country.

I DO NOT AGREE with Wallapop's abuse of civil rights collectively called the "Terms and Conditions".

The Wallapop "Service" provides NO RIGHTS TO IT'S MEMBERS!

WAKE UP AMERICA!!

 

RESOLVEMENT:

Realistically, there doesn't seem to be any efficient way to resolve problems since Wallapop REFUSES to provide solutions, REJECTS disputes and claims, and through NEGLIGENCE and EXPLOITATION, will dehumanize and abuse YOU which is their greatest asset.

I WANT WALLAPOP PERMANENTLY REMOVED FROM THE APPLE ITUNES AND GOOGLE PLAY STORE. I WANT THEIR s**t SERVICE AND SOFTWARE TO BE BANNED FROM ALL U.S. TERRITORIES, AND THE U.S. MARKET. I WANT THE PROBLEM PERMANENTLY RESOLVED FOR EVERYONE.

___________________________________________________

WALLAPOP REJECTION EMAIL SAMPLES:

EXAMPLE 1

We are thrilled you're using Wallapop, but unfortunately, we had to remove one or more of the images on your listing "(item removed)" because we determined the images were problematic. Here are some examples of images that are not allowed on Wallapop:

 

- Images from 2nd and 3rd parties such as stock images

- Images taken from other listers or which are not your own

- Images are unrelated to the listing title/description

- Images of very low quality

 

EXAMPLE 2

Your article "(item removed)" already exists or doesn't meet the terms and conditions of the platform and has been banned.

 

EXAMPLE 3

Hi,

We noticed that you have listed one or more items containing pictures that are from another app. Unfortunately, this violates our terms and conditions.

 

To ensure your listings are not removed, please take action now. The problem can be remedied by editing your listing (s) and replacing the offending images with unbranded or original photos of your item (s).

 

We're excited that you are using Wallapop to sell your items, and are available to assist in helping you use Wallapop!

 

Thanks for your understanding and cooperation.

 

Best,

 

Travis at Wallapop HQ

 

EXAMPLE 4

 

Hello (name),

We are thrilled you're using Wallapop, but unfortunately, we had to remove your listing, "(item removed)" because the item is not allowed on Wallapop per our Terms of Service.

 

Here are some examples of items not allowed on Wallapop:

 

-Offensive or mature content (adult, offensive, racist, discriminatory or violent)

- Weapons and dangerous materials

- Consumable goods such as food, alcohol, tobacco, e-cigar, e-vap, medicine, and used cosmetics

- Illegal items such as gift cards, tickets, government issued documents, fake reproductions or imitations, drugs

- Live animals or illegal animal products

 

Here is a (non-exhaustive) list of items not allowed on Wallapop.

 

Thanks for understanding and we hope you continue to use Wallapop to sell items within our guidelines! Best,

This report was posted on Ripoff Report on 10/08/2015 09:23 AM and is a permanent record located here: https://www.ripoffreport.com/reports/wallapop-sl/internet/wallapop-sl-ceo-agustn-gmez-gerard-olive-miguel-vicente-terms-conditions-abuse-1259973. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
1Author
1Consumer
1Employee/Owner

#3 REBUTTAL Individual responds

Walapop stole my App

AUTHOR: Peter Chacon - (USA)

POSTED: Wednesday, January 20, 2016

This company stole all of my works and I am not resting until I get Justice. My SlingAD app was being devoloped since 2013 and I have proof of it. My Attorney at the time Might even be part of it. I will get to the bottom of it. 

I sent the investment firm and email already. It wasnt designed in spain and this is where they took it to. Just to try to hide the identity. These guys were used to develope the app I had already. I am going to expose whoever decided to steal it from me and like I said I will not rest. I have spent too much time on this project. And also I did not design it to get into peoples accounts. This app is called SLINGAD. I will fight for what I know is mine.

Peter Chacon

727-565-9128

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#2 Author of original report

"Why America Is No Longer Great..."

AUTHOR: - ()

POSTED: Friday, October 09, 2015

Rebuttal Filed:

10.09.15 05:00AM PST

 

Dear Uneducated American,

We appreciate your thoughts and concerns to the above filed Wallapop report. You have the right to exercise your opinion just as much as we felt the urge to warn current and future Wallapop members intending to use the "Service". Wallapop's Terms and Conditions statement is beyond excessive and odious. This company is similar to that of a public landfill. It's a place to avoid, NOT to welcome with open arms.

Have you taken the time to read and analyze in its entirety, the complete Wallapop's full legal disclosures? Are you a registered U.S. attorney practicing criminal law with a untarnished, successful track record to boast your professional claim with understanding our motive and intent? Why are you here finding fault and bashing on a report that doesn't involve you? Your rebuttal holds no valid argument. Just a worthless debate to a dispute you obviously do not comprehend. If you think so highly of yourself being educated and versed with international or criminal law, why don't you get off your knees, wipe your chin, stand up straight with some balls and make a positive change for this country instead of bending over to support laws and statutes outside our borders? We have committed no crime or malicious act. Wallapop created this unfavorable situation and they can just as easily present their case findings and accusations here online along with their undisputed proof and verve. We need Wallapop about as much as we need more spineless Americans that think like you in our country. If you don't agree - GET OUT AND STAY OUT! We won't miss you.

Our non biased report was carefully executed to report only the facts that surrounded and fueled this dispute. Somehow, a person of your caliber being over zealous and with a easily offended nature was greatly expected. We found your comments insightful and interesting because YOU completely missed the point of the entire report. We chose the best possible option available when describing and filing this report.

Our account ended in excellent standing within the Wallapop community. We possessed a 5 Star rating with 15 successful sales with zero incidents. We had approximately 24 items currently listed for sale at the time our account was cowardly revoked. We didn't violate ANY Term of Condition or highly exaggerated unlisted "rule" to prevent us from using the service as intended. We DO NOT need to justify ourselves in regards to this matter. Wallapop acted in haste to make accusation, removed our listings without logical cause, and finalized the decision to revoke our account without moral ethical conduct. They've proven their lack of worth to the real world as shown with this statement below:

*7) Intellectual Property and Content

 "You hereby grant Wallapop, free of charge, a non-exclusive, perpetual, irrevocable, worldwide, fully paid-up, royalty-free, sub-licensable, transferable license (including the right to sub-license and assign to third parties) and right to use, broadcast, publicly communicate, perform, display, enter into computer memory, manufacture, copy, reproduce, fix, adapt, modify, create derivative works from, distribute, commercialize, sell, license, sub-license, assign, publish, process, and use or access, in any way, the User Content, as well as any and all modified or derivative works thereof in connection with the Service, including promotion or marketing of the service. You also hereby grant to Wallapop the right to authorize others to exercise any rights granted to Wallapop under these Terms of Use. You further hereby grant to Wallapop the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is changed or altered in any manner."

 

We expected nothing less from our fellow American readers since most are quick to make wrongful judgment towards free speech and opposition based discussion.

It takes a spark to start a revolution. It takes a person with common sense to see outside the box. It takes a real man to stand up for what's right in this world. You possess none of these qualities. Go back to school.

 

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#1 General Comment

Want...

AUTHOR: Tyg - (USA)

POSTED: Thursday, October 08, 2015

 YOU can want all you like, its NOT going to happen. Firstly, not every business online is IN the United States. Legal matters and civil matters would be handled by the country THEY reside in and NOT yours. YOUR civil rights have NOT been violated in ANY form. thats just YOU and the DRAMA you seem to need. Look up WHAT your civil rights are BEFORE you go spouting off. Secondly, haven't YOU heard of EXTRADITION??? Its the basic legal premiss that ALL courts of LAW receive the same respect from other courts of LAW. which is why you see criminals being shipped off to countries to be prosecuted. In the eyes of the LAW, what YOU have done is a clear cut case of defamation and YOU have done this act WILLINGLY and WITH MALICE. Which means IF there is a LAW in Spain that says YOU have to serve jailtime for what YOU have chosen to post, SPAIN can request a extradition hearing and BUUUUUUBYE!!!! YOU are shipped off to Spain to face charges. Sure YOU THINK your rights have been violated and its ALL unfair. that YOU should be able to say WHATEVER you wish to ANYONE you want BECAUSE you are an American. Sorry but its a WORLD out there, not just us. Meaning that YOU screw up, YOU could be visiting Spain soon. The point is its a GLOBAL MARKET and THEY have the right to handle ALL legal issues out of the country they reside. just because YOU don't agree with it doesnt make it WRONG or a RIPOFF!!! maybe get off the computer and pick up a book of LAW!!!

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