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 1 August 2019 for existing users and upon acceptance for new users. The previous version of this User Agreement was effective for all users on 1 May 2014.

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 tradesman, you accept that you have the authority to represent and commit the tradesman 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 a long time, 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.

Abusing Tradera

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.

Fees and Invoicing

The fees we charge for using our Services are listed on our price list for individuals and traders. 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; and
  • you accept the terms that apply for the shipping method that you have chosen when you buy an item.

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.

Payment

When you buy or sell 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. If you choose to use the payment methods offered on Tradera, you will enter into a separate agreement with these payment solution providers and accept the terms applicable to the payment method you choose to use.

If any payment issues arise, 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.

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 wilful 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 businesses, 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 15 days, Tradera is entitled to immediately limit or prohibit access to and use of the add-on service. Tradera may 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 these Terms of Use.

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

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.

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.

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.

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

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.

We are entitled to amend this User Agreement 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.

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.

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.

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.

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”). 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.