Terms and Conditions
These terms govern your use of our website and services.
Introduction
These Terms govern:
- the use of this Website, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Any other contract or agreement entered into between the Owner and the Sellers shall always prevail over the provisions of these Terms. Therefore, in such cases, these Terms shall apply only residually and in accordance with applicable provisions in such agreements or contracts.
What the User Should Know at a Glance
Key Service Information
| Category | Details |
|---|---|
| Service Type | Platform connecting Sellers and Buyers |
| Cost | Free for Buyers, fees may apply for Sellers |
| Age Requirement | Minimum 18 years or parental consent required |
| Withdrawal Rights | European Consumers: 14-day withdrawal period |
Key points about using our service:
- Terms of Service are binding for all Users, whether they are Consumers or Business Users.
- Age restriction: Users must be at least 18 years old, or have legal parental or guardian consent.
- European Consumers have the right of withdrawal within 14 days from entering into the contract.
- Users must register or create a User account to use the Service.
- Prices, fees, and features are outlined in the dedicated section of this Website.
- Users are responsible for maintaining the confidentiality of their account credentials.
- Users may be held liable for any losses or damages incurred through unauthorized use of their account.
How this Website works
This Website provides a platform where Sellers can list and sell their Products to Buyers. The service is provided at no cost to Buyers.
Platform Role
The Owner acts as a technical intermediary allowing Users to interact with each other. Important points:
- Does not verify or control the Products or their advertising
- Is not involved in any interaction between Buyers and Sellers
- Does not draft or prepare any content, documentation, or contracts for Users
- Does not provide any information or advice regarding content, documentation, or contracts to Users
Website Usage
Definition of "This Website"
- Website
- This website, including its subdomains and any other website through which the Owner makes its Service available
- Applications
- Applications for mobile, tablet, and other smart device systems
- API
- The Application Program Interfaces (API)
- Service
- The tools and features provided to manage, collect, and document user consent
- Related Content
- Any banners, templates, policies, code snippets, APIs, or integrations provided by the Owner for consent and compliance purposes
User Rights
Your Data Rights
Users have the following rights regarding their data:
Access
The right to access their Personal Data
Rectification
The right to correct inaccurate Personal Data
Erasure
The right to delete their Personal Data
Portability
The right to data portability
Object
The right to object to the processing of their Personal Data
Withdraw Consent
The right to withdraw consent where processing is based on consent
Account Registration
Registration Requirements
To use the Service, Users must register or create a User account by:
- Filling out the registration form with all required information
- Accepting the Privacy Policy
- Accepting these Terms and Conditions
Account Security
Users are responsible for:
- Keeping their login credentials confidential and secure
- Choosing strong passwords and regularly updating them
- Immediately informing the Owner via the contact details indicated in this document if they detect any security breaches or unauthorized use of their account
Account Termination
The Owner reserves the right to suspend or terminate User accounts at any time and without notice if:
- Users have violated these Terms and Conditions
- Access to the Service could create a liability for the Owner
- The use of the Service is deemed to be malicious or fraudulent
- The account has been inactive for more than 12 months
Content on Website
Content Rights
Unless otherwise specified, all content available on this Website is owned by or licensed to the Owner. The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights.
User-Provided Content
Content Moderation
Content Moderation Rights
The Owner reserves the right to:
- Remove or modify any content that violates these Terms or applicable laws
- Remove or modify content without prior notice
- Refuse to process User submissions or content at its sole discretion
- Disclose User identities or information per legal requirements
Access to External Resources
Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that:
- The Owner has no control over such resources
- Access to external resources is at the User's own risk
- The Owner is not responsible for content provided by third parties
- The Owner does not endorse any third-party content accessible through this Website
Acceptable Use
Basic Use Requirements
This Website and the Service may only be used within the scope of what they are provided for, under:
- These Terms
- Applicable law
- Generally accepted practices
- Community guidelines
Prohibited Uses
Users may not:
- Use the Service in any way that could damage or overburden it
- Attempt to gain unauthorized access to the Service or related systems
- Upload or transmit malware or other malicious code
- Engage in any data mining, scraping, or similar data gathering activities
- Use the Service for any unlawful purposes or to promote illegal activities
- Harass, abuse, or harm other users
- Impersonate or misrepresent affiliation with any person or entity
- Interfere with or disrupt the Service or servers
- Bypass any measures used to prevent or restrict access
Software License
Any intellectual property rights, such as copyrights, trademarks, patents, and industrial design rights related to the software are owned by the Owner or its licensors.
Subject to Users' compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software provided on this Website within the scope and for the purposes of this Website and the Service.
This excludes:
- Any resale or commercial use of the software
- Modifying, distributing, or creating derivative works
- Making the software available over a network
- Removing or altering any copyright notices
- Using the software in any way not expressly authorized
Terms of Sale
Important Notice
Products can be purchased on this Website only after reading and accepting these Terms and Conditions.
Product Availability
The Owner cannot guarantee the availability of all products displayed on the Website. Availability may change without notice.
Pricing
The Owner reserves the right to modify prices at any time. Changes will not affect orders that have already been accepted.
Price Display
All prices displayed on the Website:
- Include applicable taxes and fees unless stated otherwise
- Are shown in the currency specified on the Website
- May be subject to shipping costs, which will be detailed during checkout
Payment Methods
Right of Withdrawal
European Consumer Rights
European Consumers have the right to withdraw from contracts within 14 days.
- Withdrawal Period
- 14 days from the day of purchase for digital goods, or from receipt of physical goods
- Withdrawal Notice
- Must be sent in writing to the contact details provided in this document
- Refund Timeline
- Within 14 days of receiving the withdrawal notice, using the same payment method
Exceptions to Withdrawal Right
The right of withdrawal does not apply to:
- Digital content after download or access has begun
- Custom-made or personalized items
- Perishable goods
- Sealed goods that are not suitable for return due to health or hygiene reasons
Liability and Indemnification
Limitation of Liability
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Website has been appropriately and correctly used by the User.
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand, including but not limited to:
- Reasonable attorney fees and costs
- Damages arising from or related to the User's violation of these Terms
- The User's violation of any third-party rights
- Any improper, inappropriate, or illegal use of this Website
- Any content submitted by the User, including but not limited to any infringement of third-party intellectual property rights
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner's sole discretion, to:
- The re-supply of the services or Products to the User
- The payment of the cost of having the services or Products supplied again
- The replacement or repair of the Products
- The payment of the cost of having the Products replaced or repaired
Arbitration and Dispute Resolution
Binding Arbitration
To the fullest extent permitted by law, any disputes, claims, or controversies arising out of or relating to these Terms or the use of this Website shall be resolved through binding arbitration on an individual basis, rather than in court.
This includes disputes based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.
Class Action Waiver
You agree to resolve any disputes with us only on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding.
Unless you and the Owner agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.
Opt-Out Option
You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to:
If you opt out, neither party will be bound by this arbitration clause.
Small Claims Exception
You or the Owner may bring an individual claim in small claims court if it qualifies.
Arbitration Rules and Forum
The arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and conducted in English. Arbitration may be held via telephone, written submissions, or in-person in San Francisco, CA, unless another location is mutually agreed.
Judgment on the arbitration award may be entered in any court having jurisdiction.
Governing Law
Applicable Law
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.
Local Consumer Protections
If you are a Consumer residing in a state or jurisdiction that provides stronger consumer protections, those rights may supersede the provisions of these Terms where applicable.
Venue of Jurisdiction
Any disputes arising from or related to these Terms shall be resolved in the state or federal courts located in San Francisco County, California, unless otherwise required by applicable local law.
Dispute Resolution
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably. While Users always retain the right to pursue legal remedies, we encourage contacting us first at:
We will make reasonable efforts to address and resolve any concerns or complaints within 30 days.
Additional Provisions
Software license
Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this Website are held by the Owner and/or its licensors.
Subject to Users' compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Website and the Service offered.
This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner's or its licensors' sole property.
All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.
API usage terms
Users may access their data relating to this Website via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses this Website, is bound by these Terms and, in addition, by the following specific terms:
The User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User's use of the API or their use of any third-party products/services that access data through the API.
Common provisions
No Waiver
The Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner's reasonable control, such as "force majeure" events (infrastructural breakdowns or blackouts etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner's express prior written permission, granted either directly or through a legitimate reselling programme.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards. The continued use of the Service will signify the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User's legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
EU Users: Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.