User Agreement

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Introduction

This agreement, Tradera’s User Agreement, Tradera’s Privacy Policy and all other policies posted on our site set out the terms on which Tradera offers you access to and use of Tradera’s sites, services, applications and tools (collectively ”Services”). You can find our policies here. All policies, including Tradera’s Privacy Policy, are incorporated in this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services. The entity you are contracting with is Tradera Sweden AB (reg. no. 556569-4642), Sankt Eriksgatan 117, 113 43 Stockholm (”Tradera”, ”we” or ”us”).

This User Agreement is effective from 18 July 2020 for existing users and upon acceptance for new users. The previous version of this User Agreement was effective for all users on 1 August 2019.

Scope

Tradera is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. Tradera is not a traditional auctioneer.

Tradera does not own any of the items offered or sold through Tradera and is not a party to the transactions between the buyer and the seller. The actual contract for sale is directly between the seller and the buyer.

We can provide guidance regarding prices, pricing, listing and other such questions as part of our Services. Such guidance is provided solely for informational purposes and you may decide not to follow it. Tradera does not review users’ listings or content. While we may help facilitate the resolution of disputes between users, Tradera has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of user’s content, listings or feedback; the ability of sellers to sell items; or that a buyer or seller will actually complete a transaction or return an item.

Using Tradera

In connection with using or accessing the Services, you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, third-party rights or our policies;
  • sell items infringing any intellectual property rights that belong to third parties or in any other way infringe any copyright, trademark or intellectual property right that belongs to a third party;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services;
  • fail to pay for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Rules for Buyers);
  • fail to deliver items sold by you, unless the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer:
  • manipulate the price of any item or interfere with any other user’s listings;
  • post or use false, inaccurate, misleading or defamatory content or information;
  • take any actions that may undermine the feedback or ratings system (see our Feedback policies);
  • transfer your Tradera account (including Feedback) and user ID to another party without our consent;
  • allow, directly or indirectly, another party to use your user ID or password;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
  • distribute or post viruses or any other technologies that may harm Tradera or the interests or property of Tradera’s users
  • use automated means, such as scrapers, robots or spiders to access our Services for any purpose. You will also not circumvent our automated means, prevent or interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any Tradera application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with rules and restrictions posted on the site;
  • copy, change or make available (a) rights or content related to our Services or (b) Tradera’s work, photographs, pictures, trademarks, texts or other content;
  • copy, reproduce, change, process, translate, transfer, make available or present any content (except your own content) from Tradera, Tradera’s Services or any third party, without obtaining prior written consent from Tradera or, if applicable, any concerned third party;
  • commercialize or sublicense any Tradera application or any information or software associated with such application; or
  • collect information about users, such as e-mail addresses, without their consent.

If you register with Tradera as a business user, you accept that you have the authority to represent and commit the business to this User Agreement. If you carry out business on Tradera, you must comply with the laws that apply to trading on the site that you use.

We will start providing our Services to you as soon as you have accepted this User Agreement. If you and Tradera do not agree otherwise, you agree that you do not have the right to cancel this User Agreement according to the Distance and Off-Premises Contracts Act (2005:59) after we have started to provide the Services.

We reserve the right to close accounts that cannot be confirmed or that have not been used for 12 months, and to change or cease to provide Tradera’s Services in whole or in part. If Tradera substantially changes or ceases to provide the Services, Tradera intends to notify you in advance in accordance with the ”Miscellaneous” section below.

You have the right to terminate your user account with Tradera at any time, by notifying us via our Customer Service. Before closing the account, you must have completed all of your ongoing sales, bids and purchases and we must also have received payment for all outstanding fees. You will subsequently have no right to bid for, purchase or list new items for sale.

Abusing Tradera

General

We may limit, suspend or terminate our Services and user accounts, and limit or prohibit your access to and use of our Services, stop bidding processes and remove listings, delay or remove content on the site, remove certain status updates that belong to an account, reduce or eliminate discounts and take technical and legal steps to prevent you from using our Services, if:

  • we believe that you are causing problems or risks of liability in damages;
  • we believe that such limitations will increase the safety and security for Tradera’s users or reduce the risk that we or Tradera’s users will incur a payment obligation;
  • we believe that you are infringing the rights of a third party;
  • we believe that you are acting contrary to the purpose of this User Agreement or our policies or are insulting our employees or users;
  • despite our reasonable efforts, we are unable to confirm information that you provide to us; or
  • you fail to pay the fees for our Services when they fall due for payment.

This provision shall not limit other remedies to which Tradera is entitled.

When a buyer or seller issue arises, we may consider previous events and the particular circumstances of the case in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

If you are a seller

In addition to our entitlement to terminate or limit the Services as set out above under "General", and without any obligation to make any refunds, we are entitled to terminate the Services (either in whole or in part) and withhold you from selling further goods on Tradera if you (i) can be deemed to be insolvent for any reason; (ii) are in breach of the terms of this User Agreement, including Tradera's Payment Solution Terms, or if Tradera has reason to believe that you will breach such terms; (iii) provide Tradera with inaccurate or misleading information or conceal relevant facts; or (iv) offer goods or services that are contrary to Tradera's country-specific ethical guidelines in force from time to time, or otherwise act in a manner which, either directly or indirectly, can reasonably be deemed to be contrary to rules adopted by credit/debit card companies or their industry organization or any other payment service terms that are relevant to Tradera (Tradera's ethical guidelines can be provided upon request). Tradera may obtain access information from you as a seller in order to determine whether you are in breach of this User Agreement, including Tradera's Payment Solution Terms.

Suspending or restricting a business user's use of the Services

A decision on suspending or restricting a business user's use of the Services, in whole or in part, will be communicated to the concerned business user at the latest when the decision takes effect with a statement of the reasons for the decision.

A decision on terminating a business user's use of the Services, in whole or in part, will be provided to the concerned business user at the latest 30 days prior to the effective date of the termination with a statement of the reasons for the decision. However, the notice period of 30 days shall not apply if:

  • the termination is caused by a legal or regulatory obligation which requires Tradera to terminate the provision of the whole of its Services to a given business user in a manner which does not allow Tradera to respect that notice period;
  • Tradera exercises a right of termination under an imperative reason pursuant to national law which is in compliance with EU law; or
  • Tradera can demonstrate that the business user concerned has repeatedly infringed the applicable terms and conditions, resulting in the termination of the provision of the whole of the Services in question.

In case the notice period does not apply, Tradera will provide the business user concerned, without undue delay, with a statement of reasons for that decision.

Tradera shall not be under an obligation to provide reasons for the decision to suspend, restrict or terminate a business user's use of the Services, where Tradera is subject to a legal or regulatory obligation not to provide the specific facts or circumstances or the reference to the applicable ground or grounds, or where Tradera can demonstrate that the business user has repeatedly infringed the applicable terms and conditions of this User Agreement, including the Payment Solution Terms, resulting in termination of the provision of the whole of the Services in question.

Fees and Invoicing

The fees we charge for using our Services are listed on our price list for individuals and business users. We may change our fees from time to time by posting the changes on the Tradera site or send the information by e-mail 30 days in advance. By continuing to use the Services after the new fees take effect, you accept the new fees.

By using the Services, you accept our invoicing procedures and payment terms, which are set out in our Invoicing & Payment Policy. You accept that the invoices are available to you through our Services and that we may send electronic invoices to you by e-mail.

Listing Conditions

When listing an item for sale, you agree to comply with our Rules for sellers and that:

  • you are responsible for the content of the listing and agree to only post listings in accordance with our policies relating to prohibited and unauthorized items or listing;
  • your listing may not be immediately searchable by keyword or category until after up to 24 hours. Tradera cannot guarantee exact listing durations;
  • when and if your listing appears in search results on Tradera or the Internet may depend on factors such as the listing format, heading, bidding activity, deadline for responses, keyword, price and shipping costs, valuation, and feedback about you as a seller;
  • some optional listing upgrades will only be visible on certain Tradera Services;
  • some Services require you to enter into a separate agreement with a third party, and such third party will decide if you can access such services;
  • you accept the terms that apply for the payment method you choose when you list, sell and receive payment for items sold; and
  • we have the right to agree with third parties providing payment solutions on Tradera that they will withhold part of the amount they are paying you from the buyer and that they will use such withheld payment to pay Tradera directly the fees that you owe us.
  • Limitations regarding the types of Services you may use and their functionality may apply based on your use of the Services.

Purchase Conditions

When buying an item you agree to comply with our Rules for Buyers, and that:

  • you are responsible for reading the full item listing before making a bid or commitment to buy;
  • you enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or if your offer for an item is accepted in another way);
  • some Services require you to enter a separate agreement with a third party and such third party will determine if, and to what extent, you will be allowed to access such services;
  • you accept the terms that apply for the payment method that you use when you buy an item (see more information under Section "Payment" below); and
  • you accept the terms that apply for the shipping method that you have chosen when you buy an item.

Buyer protection

In certain circumstances, a buyer is entitled to buyer protection, meaning that a buyer can have a dispute handled via a dispute resolution process and be refunded an amount paid in a transaction.

Tradera's buyer protection is included if the buyer chooses to pay by way of an invoice or instalments via Paynova. Tradera's buyer protection is not included when paying via PayPal, by card or Swish, but Tradera can offer buyer protection when paying by card or Swish on a later occasion in exchange for a charge. It is stated on Tradera's platform before the buyer chooses the payment method whether buyer protection is included or can be purchased. The Seller must perform its obligations as far as concerns Tradera's buyer protection irrespective of the payment method chosen by the buyer.

Certain types of purchase are in no case included in Tradera's buyer protection, namely the following:

  • purchases of real estate (including, without limitation, residential property);
  • purchases of vehicles (including, without limitation, motor vehicles, motorcycles, caravans, aircrafts and boats), except for personally portable light vehicles used for recreational purposes, such as bicycles and wheeled hoverboards;
  • purchases of custom-made items (unless they are claimed to have not been received);
  • purchases of items equivalent to cash (including, without limitation, gift cards);
  • purchases of tickets for events, such as tickets for sporting events or concerts; and
  • purchases of goods or services that are prohibited under Tradera's Rules for Sellers.

This is how Tradera's dispute resolution process works

If a seller and the buyer have a disagreement, e.g. due to the fact that the buyer has not received delivery of goods the buyer has paid for or the goods that have been delivered are (according to the buyer) substantially different from the seller's description, the parties can resolve their disagreement by means of the dispute resolution system provided by Tradera on "My Tradera". This dispute resolution process must be opened in My Tradera within 30 days of the date the buyer made the payment and all communications relating to the dispute must take place via Tradera's dispute resolution system on Tradera's platform.

After a dispute resolution process has been opened, the buyer and the seller must, firstly, communicate with each other through Tradera's dispute resolution system in order to try to find a solution to the problem. If the buyer and the seller are unable to reach a solution within ten (10) days of the date on which the dispute resolution process was opened, the buyer can escalate the dispute to Tradera. If the buyer does not escalate the dispute to Tradera within ten (10) days of the date on which the dispute resolution process was opened, the dispute resolution process will automatically be closed in the seller's favour.

When a dispute is escalated to Tradera as set out above, Tradera will contact both the buyer and the seller in order to acquire an understanding as to what has happened. Tradera can then ask both parties for supporting materials, such as further documents relating to the goods or the transaction. The buyer must demonstrate that there is a defect in the services or goods sold by the seller, e.g. by offering supporting documentation to prove that the goods are different from the seller's description.

Closure of the dispute resolution process:

If the buyer opens a dispute resolution process in respect of a purchase of goods that is not included in Tradera's buyer protection set out above, Tradera will close the dispute without any further investigation and the buyer will not be entitled to a refund.

If a dispute resolution process is closed in the buyer's favour, the buyer is entitled to a refund of all or some of the amount the buyer paid for the relevant goods.

If a dispute resolution process is closed in the Seller's favour, the buyer is not entitled to a refund within the scope of Tradera's dispute resolution process.

Tradera's decision in a matter cannot be appealed to Tradera, but the Seller and the buyer are free to come to a different resolution to a dispute in a different forum.

The rules concerning seller protection are set out in Tradera's Payment Solution Terms.

International Buying and Selling

It is lawful to sell certain products to other countries. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

Tradera may provide a function, through services or automatic tools provided by third parties, which enable listings and other content on Tradera to be translated, in whole or in part, into other languages. Users then have the option to use such services or tools. Tradera cannot guarantee the availability or the accuracy of any translation. Users use all such services at their own risk.

Content

Tradera will have the right, but not the obligation, to use for commercial purposes all content that you provide to us or make available to us by using the Services, for example when listing or offering, buying and/or selling items or services. In this User Agreement, ”content” means all information (including, but not limited to, photographs, images, texts, words, videos, data, concepts, ideas, technology, databases and trademarks).

You hereby grant Tradera an unlimited, non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully transferable and fully sublicensable right to use, copy, reproduce, alter, process, translate, transfer, make available and/or communicate such content for the purposes and in any media, channel, technology or region decided by Tradera from time to time. The sublicense according to this provision shall, to the extent permitted by law, also include your moral rights to the content.

You warrant that all content that you provide or make available to us by your use of the Services is accurate and non-confidential. You also warrant that the content is not infringing any intellectual property right of any third party.

If you are a business user, we allow shoppers to rate products that you list on Tradera and we may make these ratings publicly available.

The processing and transfer of personal data is further governed by the Privacy Policy.

Payment

When you buy an item on Tradera, several payment methods are available to you. These payment methods are provided by payment solution providers with which Tradera cooperates and may change from time to time. The payment methods are offered by these payment solution providers and they decide on the payment methods they want to offer you. Depending on the payment method that you choose, you may have to enter into a separate agreement with the relevant payment solution provider and you will have to accept the terms applicable to the payment method you choose to use.

If any payment issues arise, unless otherwise set out in this User Agreement, they must be dealt with by you and the payment solution provider in accordance with the relevant terms. Tradera is not responsible or liable for delays, defects, losses or anything else relating to the payment or non-payment of items you buy or sell on Tradera.

When you sell an item on Tradera, you must agree to the Payment Solution Terms, as applicable to sellers.

Limitation of Liability

We try to keep access to Tradera and the Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid updates and other notification functionality in Tradera’s Services may not occur in real time. Such functionality is subject to delays beyond Tradera’s control.

We (and our parent, subsidiaries, affiliates, representatives, officers, agents and employees) will in no event be liable to you for any indirect losses, including loss occurring in the business, loss of data, loss of profits, loss of business opportunity, loss of reputation, or disruption to the business, or any other losses that we could not reasonably foresee, resulting directly or indirectly from:

  • your use of or your inability to use the Services;
  • pricing, shipping, or other guidance provided by Tradera;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing or linking to our Services;
  • the content, actions, or inactions of third parties, including losses caused by items that are listed via our Services;
  • the destruction of items allegedly infringing third-party intellectual property rights;
  • a suspension or other action taken with respect to your account or breach of the ”Abusing Tradera” section above;
  • the duration or manner in which your listings appear in search results as set out in the ”Listing Conditions” section above; or
  • your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

You agree that you are solely responsible for ensuring that the actions you take comply with the laws and rules and regulations that apply to you and that the items you list, sell or buy on our site are in compliance with law.

Even if we use technical solutions to try to verify that the information our users provide is accurate, verification on the Internet is difficult. Tradera cannot guarantee and is not responsible for ensuring that the identity our users have stated or the information our users provide on our site is accurate.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the price of the item sold on Tradera, including the original shipping costs, or (b) the amount of fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) SEK 1,000.

The provisions of this User Agreement shall not limit Tradera’s liability for willful default or gross negligence or Tradera’s statutory liability.

Indemnity

You will indemnify and hold us harmless (and our parent, subsidiaries, affiliates, representatives, officers, agents and employees) for and from all losses and costs, including reasonable legal fees, we incur due to or arising out of your breach of this User Agreement, your improper use of the site, services, applications and tools, or your breach of any applicable law or infringement of any rights of a third party.

Additional terms and conditions for the add-on service ”Butik”

If you are using ”Butik”, our add-on service for business users, we place great emphasis on ensuring that, inter alia, products, product descriptions and delivery terms for your Butik maintain a high standard. Therefore, in addition to the rules for sellers in force from time to time, Tradera may impose additional requirements on individual Butiks concerning e.g:

  • delivery time;
  • types of products offered for sale; and
  • quality of images and product description.

If additional terms and conditions are relevant to your Butik, you will be requested to make corrections. If, following such request, you have not made the necessary corrections within the time limit set out under section "Changes to agreements if you are a business user" below, Tradera is entitled to immediately limit or prohibit access to and use of the add-on service according to the terms set out in section "Suspending and restricting a business user's use of the Services" above. Tradera may then also remove listings or other content that belong to your Butik and take other steps to prevent you from using your Butik. Additional terms and conditions for the add-on service Butik, such as applicable price lists, are available on the Butik pages on our website. The add-on service Butik is terminable by either you or us on 30 days’ notice.

If you are a consumer

Consumers have specific rights under mandatory consumer legislation and rules and regulations. If you are a consumer, Tradera does not intend to limit or amend these rights by this User Agreement. We also do not intend to impose on you any obligations that are greater than those imposed on you under mandatory consumer legislation and rules and regulations. This applies, among other things, to the Limitation of Liability and Indemnity provisions in this User Agreement.

Determination of business user's ranking in the Services

Tradera uses different parameters to determine a business user's ranking in the Services, as set out in the policy for "Bäst Träff", available on our website.

Legal Disputes

If a dispute arises between you and Tradera, we recommend that, in the first instance, you contact us directly via our Customer Service to try to find a solution. If you are unable to resolve a dispute with Customer Service, you may ask for the case to be escalated to Tradera's internal complaint-handling system. A second line function will then be responsible to provide guidance. If the dispute is not resolved by the second line support, a third line support function will be involved to finally resolve the dispute. Handling of complaints will be processed swiftly and effectively, and the outcome will be communicated to you individually.

We will consider reasonable requests to resolve the dispute by way of alternative dispute resolution methods, such as mediation or arbitration.

Tradera is willing to engage the lawyers Anders Arthur or Fredrik Norburg to attempt to reach an agreement with business users on the settlement of any disputes between Tradera and the business user arising in relation to the provision of the Services, including complaints that could not be resolved by means of Tradera's internal complaint-handling system. 

Swedish law shall apply to all claims, disputes or other issues arising from this User Agreement. Disputes shall be resolved by a Swedish court of general jurisdiction and, for customers who are not consumers, with the Stockholm District Court as the court of first instance.

Miscellaneous

Severability

If any provision of this User Agreement (or part thereof) is held to be invalid, such provision shall be considered struck out and the other provisions of the User Agreement shall remain in full force and effect.

Assignment

We have the right to transfer our rights and obligations under this User Agreement without your prior express consent, provided that we transfer this User Agreement on the same terms or on terms which are no less favourable to you.

Headings

The headings in this User Agreement are for convenience of reference only and shall not affect or limit the content of the provisions. 

No waiver

If we refrain from taking action if you or another party commits a breach of contract, this shall not entail that we waive our rights to take action in connection with other or similar breaches of contract. We do not provide any undertaking that we will take action for all breaches of this User Agreement.

Indemnification

If you have a dispute regarding services provided by third parties via our sites or with one or more users of the Services, you will indemnify and hold us harmless (and our parent, subsidiaries, affiliates, representatives, officers, agents and employees) for and from all claims and damages (whether direct or indirect), known or unknown, arising from such disputes.

Changes to agreements if you are an individual

We are entitled to amend this User Agreement, including the Payment Solution Terms (applicable to sellers) from time to time by publishing the new terms on www.tradera.com or sending them by e-mail. The amended terms shall take effect automatically 30 days after they are provided. You are entitled at any time to terminate you user account with Tradera in accordance with the provisions above. By continuing to use the Services after the new User Agreement takes effect, you agree to the new User Agreement.

The policies available on our sites may change from time to time. The changes apply as from the date on which they are published on Tradera’s sites.

In other respects, this User Agreement cannot be amended unless you and an authorized representative of Tradera agree on an amendment in writing.

Changes to agreements if you are a business user

Tradera will notify business users of any changes to this User Agreement, including the Payment Solution Terms (applicable to sellers) via email. The amendments will take effect 15 days from the date the email with the proposed changes was sent. Tradera might grant a longer notice period if the proposed changes requires necessary technical or commercial adaptations from the concerned business users. If applicable, this prolonged notice period will be stated in the email with the proposed changes.

The business users shall have the right to terminate the User Agreement, including the Payment Solution Terms before the expiry of the notice period. Such termination shall take effect within 15 days from the receipt of the notice.

The notice period may be waived by the business user by means of a written statement or a clear affirmative action. Business users who submit new goods to the Services shall be considered to have given a clear affirmative action to waive the notice period, unless a longer notice period than 15 days applies in accordance with above, in which case the notice period cannot be waived.

A notice period shall not apply if:

  • Tradera is subject to a legal or regulatory obligation which requires it to change its terms and conditions in a manner which does not allow it to respect the notice period; or
  • Tradera has to change its terms and conditions to address an unforeseen and imminent danger related to defending the Services, consumers or business users from fraud, malware, spam, data breaches or other cybersecurity risks.

No agency or partnership

The parties are not intending to, and do not, by this User Agreement, enter into any agency agreement, partnership, employment relationship or franchise agreement. A person who is not a party to this User Agreement may not make any claims under the provisions of this User Agreement. This shall not limit any rights enjoyed by third parties as are set forth in this User Agreement.

Third party intellectual property rights

The purpose of Tradera’s cooperation with rightsholders, the Verified Right Owner (VeRO) Program, is to ensure that items offered for sale do not infringe any copyright, trademark or other intellectual property rights of third parties. Please notify our team via our (VeRO) Program if you believe that your intellectual property rights are being infringed. We will then deal with your case in accordance with our internal procedures.

Entire agreement

This User Agreement, Tradera’s Privacy Policy and all policies available on our site constitute the entire agreement between you and Tradera and supersede all prior understandings and agreements between the parties.

Survival

The following sections survive any termination of this User Agreement: Fees (regarding fees you owe us), Content, Limitation of Liability, Indemnity, Legal Disputes and the indemnity in this section (”Miscellaneous”).

Contact us

Messages pursuant to this User Agreement must be sent by registered post to Tradera Sweden AB, Box 45026, 104 30 Stockholm. We will send messages to you by e-mail to the e-mail address you have registered with Tradera. You will be considered to have received the message 24 hours after the e-mail was sent, unless the party sending the e-mail receives a message stating that the e-mail address is not valid. We can also send messages to you by registered post to the address you have registered with us. Messages sent by registered post will be considered to have been received by the receiving party three days after the message was sent.