YAYTRADE –GENERAL TERMS AND CONDITIONS
Version 2021:2
Updated on: 21 Juni 2021
Please read these terms of service carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.
1 General
1.1 Ytrade Group AB (publ), reg.no. 559026/0963, a company incorporated and organised under the laws of Sweden (”Yaytrade”, ”us”, ”we” or ”our”) provides an online platform that enables the sale and barter of products and services (“Trade Items”) from both private persons and enterprises (as defined below), (the ”Service” or the ”Services”). Where such Trade Items (as defined below) are accessible through www.yaytrade.com and other such internet sites, mobile applications, or the like, through which Yaytrade provides the Service (the”Applications”). The Application provides different environments where the trade in Trade Items are governed by different terms, these environments are (i) Pick-Up (as set out in section 6), (ii) Market (as set out in section 7), (iii) Sample Store (as set out in section 8) and (iv) Ambassador (as set out in section 9) (each an “Environment”). By using the Applications, you accept conditions incumbent upon such usage through these terms and conditions (the ”Terms and Conditions”) and undertake to comply with them irrespective of whether or not you are a registered user of the Services. Each Environment is governed by the terms set out in section 1-5 of these Terms and Conditions and the specific section governing such environment. These Terms and Conditions regulate your access to and use of the Applications, Services and Collective Materials. The Terms and Conditions constitute a binding agreement between you and Yaytrade.1.2 These Terms and Conditions refer to the privacy policy which also apply to your use of the Services and Applications (“Privacy Policy”). The Privacy Policy sets out the terms on which Yaytrade process any personal data we collect from you, or that you provide to us. By using the Applications, you consent to such processing and you warrant that all data provided by you is accurate. In the event of any conflict between what is set out in these Terms and Conditions and what is set out in the Privacy Policy, the Privacy Policy shall take precedent. For the avoidance of doubt the Privacy Policy is applicable to all activity and use of the Applications and Services, regardless of Environment.1.3 Certain definitions
”Ambassadors Store” has the meaning set out in section 2.1.3(c) herein;”APA” has the meaning set out in section 9.1.3;
”Applications” has the meaning set out in section 1 herein;
”BPA” has the meaning set out in section 1 herein;
”Buyer” means a Member that purchases or seeks to purchase a Trade Item using the Applications and Services, in all Environments;
“Business Day” means a day (other than a Saturday or Sunday) when banks are open for general banking business (other than by internet services) in Sweden;
”Cancellation Policy” means the cancellation policy that the Seller applies and which is published in the Listing;
”Collective Materials” means Yaytrade Materials and Member Materials;
“Commission” means a percentage of the revenue that the Seller shall pay to Yaytrade for selling a Trade Item through the Applications and the Services;
”Consideration” means the price for the Trade Item that the Buyer shall pay to Yaytrade;
”Credit Card” means any credit or debit card, or other by Yaytrade accepted mode of payment that is supplied by a Member or other user in order to complete a payment to Yaytrade under these Terms and Conditions;
”Environment” has the meaning set out in section 1.2 herein;
”Listing” means a Trade Item that is listed by a Seller as for sale (or otherwise to be acquired, rented, or used by the Buyer) through the Applications and Services;
”Materials” means the text, graphics, pictures, software (not including the Applications), audio, video, information or other materials;
”Market” has the meaning set out in section 2.1.3(a) herein;
”Member” means a person who completes Yaytrade’s member registration procedure (as described below);
”Membership” means the status of a person as a Member;
”Member Materials” means such materials as is provided, uploaded, published or transferred by a Member to the Applications or Services (for the avoidance of doubt, any Personal Data as defined herein shall not be considered as Member Materials);
”Member Profile” has the meaning that is set out in section 2.2.4 herein;
”Member Registration” has the meaning set out in section 2.2 herein;
”Payment Agent” means such third party entity through which Yaytrade makes and recieves payments under these Terms and Conditions;
“Payment Services” has the meaning set out in section 7.6.1 herein;
“Personal Data” means information that specifically identifies an individual or that is linked to information that identifies a specific individual;
“Pick-Up Service” has the meaning set out in section 2.1.2 herein;
“Pick-Up Store” has the meaning set out in section 2.1.3(d) herein;
“PPA” has the meaning set out in section 6.1.3 herein;
“Privacy Policy” has the meaning set out in section 1.2 herein;
“Sample Member” has the meaning set out in section 8.1.1 herein;
“Sample Store” has the meaning set out in section 2.1.3(b) herein;
“Seller and Buyer Agreement” or “SBA” means the agreement reached between Yaytrade and the Buyer regarding a Trade Item;
”Seller” means a Member who creates a Listing regarding a Trade Item through the Applications or Services, in the Market Environment;
”Services” has the meaning set out in section 1 herein;
”SNS” means the social networking sites of third parties;
”SNS-Account” means such account as a Member has with a SNS;
“Terms and Conditions” has the meaning set out in section 1 herein;
“TPPPS” has the meaning set out in section 2.4.1 herein;
“Trade Item” means any goods or services advertised by a seller or Yaytrade by way of making a Listing through the Services and Applications;
“Yaytrade” has the meaning set out in section 1 herein; and
“Yaytrade Materials” means such Materials that Yaytrade provides through the Applications or through the Services, including Materials that are licensed from a third party, but not including Member Materials.
1.4 Modificiation
1.4.1 Yaytrade reserves the right, at its sole discretion, to modify the Applications or Services or to modify these Terms and Conditions, including the Commission, at any time and without prior notice. If we modify these Terms and Conditions, we will post the modification via the Applications or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms and Conditions. By continuing to access or use the Applications or Services after we have posted a modification via the Applications or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms and Conditions. If the modified Terms are not acceptable to you, your only recourse is to cease using the Applications and Services.1.5 Errors
1.5.1 You hereby release Yaytrade from all liability for incorrect information on Listings availability, as well as any image and writing errors in the Applications, such as errors in product description or technical specification, incorrect prices and price adjustments (such as currency changes) or incorrect information regarding a Listing or Trade Item being in stock. Yaytrade reserves the right to correct such errors and to change or update the information at any time. All image information in the Application should be viewed exclusively as illustrations. Such illustrations cannot be guaranteed to represent the number of goods you receive or the exact appearance, features or origin of the goods. Yaytrade is not responsible for information in the Application that comes from a third party, another Member or User or a Sample Store. 1.6 Eligibility
1.6.1 The Applications and Services are intended solely for persons who are 18 years or older. Any access to or use of the Applications or Services by anyone under 18 years is expressly prohibited. By accessing or using the Applications or Services you represent and warrant that you are 18 years or older. 2 THE APPLICATIONS AND SERVICES
2.1 Overview
2.1.1 The Applications provide an opportunity for the Listing of Trade Items, and enable contact to be made between presumptive Buyers, Yaytrade and presumptive Sellers of such Trade Items. Trade Items are made available through the Applications and Services.2.1.2 Yaytrade provides a Pick-up Service to Members (“Pick-up Service”) where Yaytrade, at a commission, assists Members with the process of selling a Trade Item through the Applications and Services and Yaytrade legally acts as Seller once a listing in the Pick-Up Service Environment is published through the Applications and Services.2.1.3 The Application and Services offer four environments where the Members and other users can buy and sell Trade Items;a. the Market (“Market”), an open platform where the Seller independently, without Yaytrade’s active involvement, can list Trade Items and where a Buyer can buy such Trade Items;b. the Sample Store (“Sample Store”), an open or closed platform where a Member who is a legal person sells its sample products as Trade Items through the Applications and Services and where Yaytrade acts as seller in relation to Buyers;c. the Ambassadors Store (“Ambassadors Store”), is a closed platform where Yaytrade lists Trade Items provided by ambassadors for Members and other users to buy and where Yaytrade acts as Seller; and d. the Pick-Up Store (“Pick-Up Store”) a closed platform where Yaytrade lists Trade Items provided by ambassadors for Members and other users to buy and where Yaytrade acts as Seller.2.1.4 You can access the Trade Items and the Listings as an unregistered user through the Applications. If you wish to report an interest, in any other way contact a Seller or purchase a Trade Item, you need to complete a Member Registration (as described below).2.1.5 Yaytrade reserves the right to, at its own discretion, immediately, and without prior notice to Sellers, Buyers, Members or other users, shut down the Applications and Services from time to time. Yaytrade also reserves the right to immediately interrupt, limit or cancel the use of the Applications or Services in their entirety as well as to a limited extent (without any remuneration being paid to Members or other users of the Applications or Services). Yaytrade does not undertake any service provider responsibility and gives no guarantee as to the functioning of the Services and Applications.2.1.6 Yaytrade reserves the right to, immediately, and without prior notice cancel a Members membership if such Member is found in Yaytrade’s sole discretion to be in violation of these Terms and Conditions or otherwise conducting their business with regard to the Applications or Services in an inappropriate manner.2.2
Member registration2.2.1 You register as a Member by completing the online member forms that are accessible through the Applications. If you decide to purchase a Trade Item, without having registered as a Member before, you will get register as a Member automatically when you pay your Trade Item. You can not purchase Trade Items in the Applications without being a Member.2.2.2 You undertake to provide complete, correct and non-misleading information when registering as a Member. You undertake to continuously update the information concerning your Membership, to ensure that your information is complete, correct and non-misleading. You undertake to have no more than one Membership with Yaytrade. You undertake and are responsible for keeping your password confidential and private, and you undertake to not inform any third person of your password. You undertake to immediately contact Yaytrade if someone gains unauthorised access to your password.2.2.3 You can, to the extent the Applications so allow, also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, an “SNS-Account”), via our Applications, as described below. As part of the functionality of the Applications and Services, you may link your Yaytrade account with a SNS-Account, by either: (i) providing your SNS-Account login information to Yaytrade through the Services or Applications; or (ii) allowing Yaytrade to access your SNS-Account, as permitted under the applicable terms and conditions that govern your use of each SNS-Account. You represent that you are entitled to disclose your SNSAccount login information to Yaytrade and/or grant Yaytrade access to your SNS-Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable SNS-Account and without obligating Yaytrade to pay any fees or making Yaytrade subject to any usage limitations imposed by such third-party service providers. By granting Yaytrade access to any SNS-Account, you understand that Yaytrade will access, make available and store (if applicable) any Materials that you have provided to and stored in your SNS-Account so that it is available on and through the Services and Applications via your Yaytrade Account and Yaytrade Member Profile (as defined below). Unless otherwise specified in these Terms, all SNS content, if any, will be considered to be Member Materials for all purposes of these Terms. Depending on the SNS-Account you choose and subject to the privacy settings that you have set in such SNS-Account, personally identifiable information that you post to your SNS-Account will be available on and through your Yaytrade Account on the Services and Applications. Please note that if a SNS-Account or associated service becomes unavailable or Yaytrade‘s access to such SNS-Account is terminated by the SNS, then SNS content will no longer be available on and through the Services and Applications. You have the ability to disable the connection between your Yaytrade account and your SNS-Account, at any time, by accessing the “Settings” section of the Applications. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR SNS-ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Yaytrade makes no effort to review any SNS content for any purpose, including but not limited to accuracy, legality or noninfringement and Yaytrade is not responsible for any SNS content.2.2.4 Following your registration, either by completing the online member forms or by logging into your account with certain SNS, the Applications will publish a personal page displaying your basic information (”Member Profile”). Other Members will have the opportunity to publish reviews of their experience of you as a Seller or as a Buyer, including, if you are a Seller, their experience of the Trade Item that you have provided.2.2.5 You can update, correct or delete your Member Profile (including adjusting how your Member Profile appears to other Members or users) at any time by accessing your member Profile settings page on the Applications. Please note that while any changes you make will be reflected in Yaytrade’s database instantly or within a reasonable period of time, we may retain all information you submit for satisfaction of legal obligations, or where Yaytrade otherwise reasonably deems that Yaytrade has a legitimate reason to do so.2.3 Using the Applications and Services
2.3.1 You understand and agree that you are solely responsible for compliance with any and all applicable statutes, regulations and industry standards in regard to the usage of the Applications, Services and in connection therewith. In connection with your use of the Applications or Services, you may not and you agree that you will not:a. violate applicable statutes, regulations and industry standards, any government authority edict or court order, including, without limitation, real estate zoning restrictions and tax regulations;
b. use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Applications or Services;
c. use the Applications or Services for any commercial or other purposes that are not expressly permitted by these Terms and Conditions;
d. copy, store or otherwise access any information contained in the Applications or Services in ways or for purposes not expressly permitted by these Terms and Conditions (such as attempting to copy or replicate the Applications);
e. attempt to interfere with or damage the Applications or Services, through the use of viruses or other software or similar methods or technology;
f. use our Applications or Services in connection with the distribution of unsolicited commercial email (so called “spam”);
g. use the Applications or Services to transmit, distribute, post or submit any information concerning any other person or entity accessible through the Applications or Services, except in such a way as is expressly permitted under these Terms and Conditions and under the Privacy Policy;
h. contact a Member for any purpose, whether it be a Seller or Buyer other than relating to a specific Listing with the purpose of entering into a SBA;
i. recruit or otherwise solicit any Member to join third-party services or websites that are competitive to Yaytrade;
j. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
k. publish or transmit any Materials that constitutes political agitation or is, pornographic, or offensive or that Yaytrade deems to be inappropriate;
l. not use hateful, obscene, offensive, racist, sexual, or violent language or words when using the Applications and Services;
m. register a membership with an offensive, abusive or obscene name;
n. not use profane, offensive or abusive language to describe an item for sale (nor use such language of words in a listing title);
o. not abuse our Applications or Services, including but not limited to, by purchasing more than five (5) Trade Items and returning a majority of such Trade Items;
p. not put up an item for sale in order to, wholly, or in part, (in Yaytrade’s sole discretion) cause offense to others; or
q. advocate, encourage, or assist any third party in doing any of the foregoing.
2.3.2 Yaytrade has the right to take such action as Yaytrade deems necessary or desirable to conduct an inquiry into, or prevent, a breach of any of the above or of these Terms and Conditions, including but not limited to, the removal of offensive content, or content in breach of these Terms and Conditions and immediate suspension or cancellation of a Members account or Listings (including causing thereby the immediate cessation of any such Members ongoing transactions under the Applications and Services).2.3.3 Yaytrade has the right to undertake such precautionary measures as it deems fit to ensure Member compliance with these Terms and Conditions and general good conduct therein, including without limitation (i) monitoring and moderating Member activities on the Applications and Services, (ii) providing functionality for Members to flag activity as inappropriate or in breach with these Terms and Conditions, and (iii) provide functionality for Members to block such Members as they find to be abusive or offensive (as such Member deems in their sole discretion) from contacting them further. This provision shall not limit Yaytrade from undertaking any such action or making any such claims as it deems necessary and appropriate. Yaytrade retains the right to claim for damages caused to Yaytrade by way of Member’s breach of these Terms & Conditions or any other action undertaken by Member to cause harm to Yaytrade, other Members or the Applications and Services as such.2.4 Third Party Payment Processing Services
2.4.1 You can, via our Applications, use third party payment processing services provided by third parties as described below (“TPPPS”). When choosing to employ such service you accept that you are entering into an agreement with a third party and will be subject to the applicable terms and conditions of such agreement. These Terms and Conditions do not apply to TPPPS and no recourse may be found hereunder in relation to any claim or dispute under such agreement. NOTE THAT YOUR RELATIONSHIP WITH THE TPPPS PROVIDERS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH TPPPS PROVIDERS.2.4.2 Yaytrade makes no effort to review any TPPPS or the terms and conditions thereof for any purpose, including but not limited to, accuracy or legality and Yaytrade is not responsible for any TPPPS providers conduct.3 INTELLECTUAL PROPERTY
3.1 The Applications and Services are protected by copyright, trademark, and other laws of Sweden and foreign countries. You acknowledge and agree that the Applications and Services, including all associated intellectual property rights, are the exclusive property of Yaytrade and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Applications or Services. Yaytrade retains the copyright and all intellectual property rights relating to Yaytrade, the Applications and Services. Nothing in these Terms and Conditions shall be construed as giving license to a Member to the intellectual property of Yaytrade, except insofar as is expressly stated herein.3.2 Members and other users of the Applications and Services are hereby awarded a nontransferrable, non-exclusive right to use the Applications and Services, insofar as such use is in compliance with these Terms and Conditions.3.3 Notwithstanding Yaytrade’s discretionary right of denial, Yaytrade hereby awards Members the right to publish or otherwise make public such material as is necessary for the usage of the Applications or Services.3.4 Members hereby award Yaytrade a global, transferrable, perpetual, non-exclusive and consideration-free right to use Member Materials in connection with the use of the Applications or Services, Yaytrade’s marketing of the Applications and Services (including the use of images uploaded by Members to the Applications or Services), and for backup or other technological process to secure or improve the service of the Applications or Services, or for any purpose that Yaytrade sees fit (including for the compilation of internal or external statistics).3.5 Each Member guarantees that they have the right to use Member Materials for the purposes and in the manner required in connection with the use of the Applications and Services. Each Member guarantees that such Member Materials do not violate or infringe upon the rights of third parties and that the Member has the right to use the Member Materials.3.6 The Applications or Services may link to websites or services of third parties. Yaytrade is not responsible for such third-party websites or services, neither as regards to their functionality nor to their suitability.3.7 Any Member or other user in breach of the above or of these Terms and Conditions shall to Yaytrade pay liquidated damages of SEK 500,000, for each individual breach, and for each new week that such a breach is sustained.4 MISCELLANEOUS
4.1 Termination and Cancellation of Membership4.1.1 Each Member has the right to cancel their Membership through the ”cancel membership” function accessible through the Applications or by sending an email to support@yaytrade.com. Please note that upon your cancellation of Membership, your Membership must still comply with these Terms and Conditions, as regards use prior to cancellation. Members and other users may not terminate these Terms and Conditions but have only the right to cease with the use of the Applications or Services.4.1.2 Yaytrade reserves the right to immediately terminate your Membership and prevent and deny you from using the Services or Applications, without respect to any period of termination and without giving account of any reasons.4.2 Specific Disclaimers and Clarifications4.2.1 Yaytrade makes no guarantee, pledge or assurance that the Applications or Services are provided in a secure or reliable manner, or in accordance with your preferences or expectations, or in accordance with reasonable expectations. If you choose to use the Applications or Services you do so at your own risk.4.3.1 Any notices or other communications permitted or required hereunder (i) by Members or other users shall be made in writing to support@yaytrade.com (ii) by Yaytrade shall be made by posting via the Applications or by written notice via e-mail to such e-mail as the member has listed in their Member information to Yaytrade.4.3.2 If you are informed that any Member or other users is sexually harassing another Member or other user, or is otherwise acting inappropriately, please contact us at support@yaytrade.com.4.4.1 Yaytrade will not share, sell, convey or otherwise disclose any personal identifiable information other than as stated in these Terms and Conditions and in accordance with what is set out in the Privacy Policy. Yaytrade has the right to make public or make use of such information that Member or other user of the Applications or Services have provided to Yaytrade if Yaytrade reasonably believe that such action is necessary (i) regarding the safeguarding of Yaytrade’s interest in commercial dealings or legal proceedings, (ii) to comply with statute, court order or government authority edict, (iii) to comply with applicable stock exchange or market place rules, (iv) to execute or administrate Yaytrade’s agreements with Members or other users of the Applications or Services, (v) to safeguard the technological service of the Applications or Services, (vi) to prevent and investigate fraud, (vii) to safeguard the rights of Yaytrade or the rights of others, or (viii) to safeguard and maintain the security of Yaytrade, Members, other users of the Applications and Services or the public.4.4.2 You acknowledge that Yaytrade is under no obligation to supervise your use of the Applications or Services, but that Yaytrade has the right to do so if Yaytrade finds it suitable.5 GOVERNING LAW AND DISPUTES
5.1 These Terms and Conditions and any non-contractual obligations arising in relation hereto, shall be governed by and construed in accordance with the substantive laws of Sweden, without regard to its conflict of law rules and principles.5.2 Yaytrade also complies with the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden) decision in the event of a dispute.5.3 Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be settled by the City Court of Stockholm as the first instance.5.4 This section 5 (Governing Law and Disputes) is for the benefit of Yaytrade only. As a result, Yaytrade shall not be prevented from taking proceedings relating to a dispute in any other courts with jurisdiction. To the extent allowed by law, Yaytrade may take concurrent proceedings in any number of jurisdictions.6 ENVIRONMENT -PICK-UP SERVICEPAYMENT
6.1.1 The Pick-up Service is a service offered to Members whereby (i) Yaytrade assists Members with the sales process through the Applications and Service, from pick-up at the Members location to delivery to the Buyer and (ii) Yaytrade acts as seller of such items in the Pick-Up Environment.6.1.2 The Pick-Up Store is a closed platform Applications (meaning that only Yaytrade can publish Listings in the Pick-Up Store Environment) where Yaytrade lists Trade Items provided by ambassadors for Members and other users to buy and where Yaytrade acts as seller.6.1.3 Yaytrade and Buyer enter into, through the Applications, a Pick-Up Purchase Agreement (“PPA”) that reflects the terms set out in the specific Listing.6.1.4 All PPAs are Subject to Swedish legislation regarding consumer rights, including, inter alia, the Consumer Sales Act (Sw. konsumentköplagen), the Consumer Services Act, Distance and Doorstep Sales Act (Sw. distansavtalslagen), as applicable. In case of a dispute between Yaytrade and a Member, Yaytrade subjects itself to the decisions the Swedish National Board for Consumer Disputes decision.6.2.1 Each Listing is stated with a fixed buy-now price or an option to place a bid. VAT is included in the price, and listed separately.6.2.2 Yaytrade reserves the right to adjust the fixed buy-now price at any time, before entering into a final PPA.6.2.3 The Buyer may choose which of, the by Yaytrade offered, payment options it prefers to use. Each payment option is provided by a TPPPS and for the use of the service the TPPPS’s certain terms and conditions are stated under “read more” when the Buyer chooses type of payment.6.3.1 Yaytrade may link Listings from Yaytrade.com to other market places, for instance Tradera or similar, to increase the visibility of the Listings. For avoidance of doubt, these Terms and Conditions shall apply to all Listings, regardless of the market place of the Listing.6.4.1 Yaytrade provides shipment when purchasing a Trade Item from the Pick-Up Service. The Buyer must through the Application enter its relevant information and make necessary choices with regard to shipment, thereafter the price for the shipment and estimated time for the delivery will be specified in each Listing. All shipments from Yaytrade are delivered Ex Works (Incoterms 2010).6.4.2 If the Buyer does not claim a sent package, Yaytrade reserves its rights to charge the costs of return shipping, handling and administrative fees.6.5.1 The Buyer has the right to return a purchased Trade Item as set out in the Distance and Doorstep Sales Act including, _inter alia_, a right to make returns within fourteen (14) days, starting from the date the Trade Item was delivered to the Buyer.6.5.2 If a Buyer wants to return a Trade Item, the Buyer shall send an email to returns@yaytrade.com in order to receive a return freight label from the support team. The email shall state the order number and specify what/which item/items the Buyer would like to return. When the Buyer has received the freight label the Buyer must attach the label on the package and drop it off at a DHL-service point. When the Buyer has completed the steps in this Section 6.5.2, the Buyer has claimed its return (provided that this is completed before fourteen (14) days after Buyer received the Trade Item).6.5.3 Yaytrade may charge a shipping fee and a return fee for a return, which are stated from time to time under yaytrade.com/returns.6.5.4 If the return of the purchased Trade Item is accepted by Yaytrade, the paid amount will be refunded within ten (10) Business Days.6.5.5 Yaytrade reserves its right to decline a return if the Trade Item does not have its price tags or other security sealings left, if the Trade Item has been used by the Buyer or if the Trade Item in any other way has been damaged by the Buyer.6.6.1 Yaytrade sells the Trade Items in existing condition (Sw. befintligt skick). The Trade Items are pre-owned, which means that they might have been used before and therefore might not be in an unused condition. Defects resulting from the Trade Item being pre-owned, is not a valid reason for a return of the Trade Item or refund thereof.6.6.2 Yaytrade does not verify the authenticity of the branding of Trade Items, Yaytrade therefore does not take responsibility if a Trade Item is detected to be a counterfeit. However, a Member always has the right to return a Trade Item which is detected to be a copy of another brand. 6.7 Using the Pick-Up Service 6.7.1 Yaytrade only charges the Member a fee for the Pick-Up Service if a Trade Item is sold through the Pick-Up Service. Yaytrade charges a set fee of SEK 150 plus the Commission, as a percentage of the revenue, on all Trade Items sold through the Applications and Services. The applicable commission rates and amounts are as specified in the Applications and Services from time to time.6.7.2 If a Member wants to use the Pick-up Service, the Member shall order a pick-up bag through the Applications and follow such instructions as set out therein, including providing to Yaytrade a finalised and approved Pick-Up Sales Form as available in the A pplications and in the Pick-Up bag from time to time. Yaytrade does not take responsibility if an item in a pick-up bag is damaged, lost or delayed during the shipment to Yaytrade.6.7.3 Yaytrade values each item sent in the pick-up bag, according to its own arbitrary judgement. Yaytrade will donate an item to charity if the item (i) has a retail price of less than SEK 1,000 in Yaytrade’s sole opinion, (ii) is not a premium brand as specified in the Applications and Services from time to time, or (iii) is not in a sellable condition in Yaytrade’s sole opinion. Yaytrade reserves the right to refuse to sell any submitted item for any reason. If Yaytrade decides not to sell a Trade Item and instead donate it, Yaytrade does not have any obligation to inform the Member before an item is donated.6.7.4 If Yaytrade refuses to sell a submitted item that (i) fullfils the requirements in section 6.7.3, and (ii) is a normal consumer goods that does not require any specific license to sell or buy or the trade of which is not otherwise regulated in any specific manner, and (iii) the promotion of which through the Applications would not necessitate a breach of these Terms and Conditions, Yaytrade shall return such submitted item to the Member at Yaytrade’s cost.6.7.5 The Member has the right to adjust the price and the description of a Listing. Yaytrade reserves the right to (i) review such adjustment and (ii) decide whether such adjustment shall be accepted.6.7.6 When Yaytrade has sold a Trade Item, the Member can find a receipt for such trade in the Applications. Yaytrade shall pay the dividend from the sales, with deduction of Yaytrade’s due commission to the Member’s bank account, as provided in the Pick-Up sales form, no later than fifteen (15) Business Days from the day of request from the Member to pay out the Member´s current amount of dividend6.7.7 Yaytrade reserves the right to cancel a Listing without reimbursement or return of the Trade Item to the Member if, (i) the Listing necessitates a breach of these Terms and Conditions, or (ii) the Trade Item is not sold within six (6) months. Yaytrade reserves the right to cancel a Listing for any reason other than provide for in the above, however that Yaytrade shall return Trade Item to the Member at Yaytrade’s cost.6.7.8 If a Trade Item is not sold within six (6) months, Yaytrade will ask the Member if the Member wishes Yaytrade to return the Trade Item to the Member at a cost of 150 SEK. If the Member does not respond, or does not wish Yaytrade to send the Trade Item back, Yaytrade has the right to either (i) donate or (ii) destroy such Trade Item.6.7.9 In order for Yaytrade to have the chance to sell a Trade Item, the Member cannot request Yaytrade to cancel a Listing and return a Trade Item before six (6) months have passed.6.8 The Members’ responsibilities6.8.1 The Member is well informed and knowledgeable concerning his duties as regards the Trade Items as stipulated in applicable statutes, regulations, government authority edicts and other binding rules and applicable standards.a. ensure that he has legal title to the Trade Item, as published in the Listing;
b. ensure that trade of the Trade Item is legal in the relevant jurisdiction;
c. ensure that the items sent with the Pick-up Service are in a sellable condition, including but not limited to, free from pests, vermin and similar defects; and
d. ensure that the Member possesses, respects and follows, all permits, authorisations, certificates and the like that are required for the Trade Item and the sale thereof.
6.8.3 For the avoidance of doubt, the Member is not allowed to use the Pick-up Service to sell, including but not limited to, brand copies, drugs, weapons, animals and other inappropriate items.6.8.4 The Seller shall indemnify and hold Yaytrade harmless for any damage, expense, loss (in all cases direct or indirect) caused to Yaytrade (or Yaytrade’s associates) as a result of or in connection with, including but not limited to, the following (a) claims made by the Buyer or third party, (b) fines or fees levied by government authorities or court due to the information in the Listing being faulty, insufficient or in breach with applicable statute or regulation (including, but not limited to such statutes as are applicable to marketing activities) or in any other manner negligently produced by the Seller, (c) Seller’s breach of or lack of compliance with these Terms and Conditions, and (d) Seller’s claims against Yaytrade for any of the above reasons or arising from Seller’s contributory negligence.7.1.1 The Market is one of the Environments available through the Applications and Services. In Market a Member and other users can use the online platform to sell and buy Trade Items. In Market the Seller and the Buyer act independently from Yaytrade and Yaytrade is not in any way part of, or responsible for, the listing or sale.7.1.2 Seller and Buyer enter into, through the Applications, a Seller and Buyer Agreement that reflects the terms set out in the specific Listing.7.1.3 Seller and Buyer communicate independently and based on their own judgment, all SBA:s are entered into independently and at your own risk. Members and other users of the Applications and Services confirm and approve (i) that Yaytrade is not party to any SBA, (ii) that Yaytrade is not an independent agency or vendor of Trade Items in the Market Environment, (iii) that Yaytrade is not an agent, insurer, broker, or the servant of any party (nor commits to any undertaking incumbent on such a person), (iv) that Yaytrade is not the owner, administrator, trustee or tenant of any goods or services and therefore does not hold any title, direct or indirect, to any Trade Items in the Market Environment, (v) that Yaytrade has no knowledge of or influence on any Seller’s or any Buyer’s or other user’s actions, commitments or undertakings and Yaytrade accepts no responsibility for any action or inaction of any such person or party.7.1.4 As a Member, you may create Listings to be published in Market. To create a Listing, you must complete the listing form accessible through the Applications, giving information on the Trade Item you wish to list, including, but not limited to, the nature and qualities of the Trade Item, its previous use (as applicable), such hazards regarding the Trade Item as can reasonably be expected to be disclose, Consideration, other financial terms, and other such input as is requested by the Applications or Services etc. Listings will be made publicly available via the Applications and Services.7.1.5 The Seller undertakes not to, when a Buyer has confirmed that they wish to purchase the Trade Item on the terms of the Listing, increase the Consideration, or change any terms for the purchase of such Trade Item.7.1.6 The Seller acknowledges and agrees that the Seller is solely responsible for any and all such Seller’s Listings published in the Applications. Accordingly, the Seller represents and warrants that any Trade Item advertised in a Seller’s Listing (i) will not breach any agreements the Seller has entered into with any third parties, (ii) will be in compliance with all applicable laws, regulations, government authority edicts, court rulings, municipal decisions or the like, and (iii) will not violate the rights of third parties.7.1.7 When the Seller creates a Listing, the Seller may also (i) choose to include certain requirements which must be met by the Members who are eligible to make an offer on the Trade Item in the Listing (ii) use certain criteria and categorisations when selecting presumptive Buyers. The Seller acknowledges and takes full responsibility that the Sellers application of such demands, restrictions, criteria and categorisations are in compliance with applicable statutes on discrimination and generally accepted ethical norms. The Seller acknowledge that Yaytrade is not required to perform controls or make inquiries as regards Sellers, Buyers other users or Trade Items.7.1.8 Yaytrade reserves the right to, in its sole discretion, cancel a Listing that has been made through the Applications or Services. Should a discretionary cancellation be caused by a Seller’s or Buyer’s breach of these Terms and Conditions or if, in Yaytrade’s discretionary opinion, such a breach is imminent or expected, or the Seller or Buyer in any other manner is negligent, consideration paid by them to Yaytrade will not be reimbursed.7.2 The Seller’s responsibilities7.2.1 The Seller is well informed and knowledgeable concerning his duties as regards the Trade Items as stipulated in applicable statutes, regulations, government authority edicts and other binding rules and applicable standards.1. ensure that he has legal title to the Trade Item, as published in the Listing, and that he is authorised to enter into the SBA as advertised in the Listing;
2. ensure that trade of the Trade Item is legal in the relevant jurisdiction;
3. ensure that the Trade Item is in a sellable condition, including but not limited to, free from pests, vermin and similar defects; and
4. ensure that he (as applicable), possesses, respects and follows, all permits, authorisations, certificates and the like that are required for the Trade Item and the sale thereof.
7.2.3 The Seller shall indemnify and hold Yaytrade harmless for any damage, expense, loss (in all cases direct or indirect) caused to Yaytrade (or Yaytrade’s associates) as a result of or in connection with, including but not limited to, the following: (a) claims made by the Buyer or third party, (b) fines or fees levied by government authorities or court due to the information in the Listing being faulty, insufficient or in breach with applicable statute or regulation (including, but not limited to such statutes as are applicable to marketing activities) or in any other manner negligently produced by the Seller, (c) Seller’s breach of or lack of compliance with these Terms and Conditions, and (d) Seller’s claims against Yaytrade for any of the above reasons or arising from Seller’s contributory negligence.7.3 The Buyer’s responsibilities7.3.1 The Buyer is well informed and knowledgeable concerning his duties as regards the Trade Item as stipulated in applicable statutes, regulations, government authority edicts and other binding rules and applicable standards.7.3.2 The Buyer shall:
a. ensure that he is authorised to enter into the SBA as advertised in the Listing;
b. ensure that trade of the Trade Item is legal in the relevant jurisdiction;
c. ensure that he complies with all applicable statutes, regulations, government authority edicts and other binding rules and applicable standards; and
d. at the request of the Seller or Yaytrade, produce all such documentation that is required in order to ensure the legality of the SBA and provides all such information as is requested by Yaytrade or the Seller therefor.
7.3.3 The Buyer shall indemnify and hold harmless Yaytrade for any damage, expense, loss (in all cases direct or indirect) caused to Yaytrade (or Yaytrade associates) as a result of or in connection with, including but not limited to the following, (a) claims made by the Buyer or third party, (b) fines or fees levied by government authority or court due to the Buyer not being authorised or licensed to enter into the SBA or possess the Trade Item, (c) Buyer’s breach of or lack of compliance with these Terms and Conditions, and (d) Buyer’s claims against Yaytrade for any of the above reasons or arising from Buyer’s contributory negligence.7.4 No Yaytrade Guarantee7.4.1 You acknowledge that Yaytrade issues no guarantee, pledge or assurance regarding:
a. that a Buyer (or other party) complies with statutes, regulations, government authority edicts, court orders, municipal decisions or the like, or honours (or has the ability to honour) any contract or undertaking to a third party or to a Seller;
b. a Buyer’s identity, character, financial standing or suitability as an, owner, user or beneficiary (as applicable) of a Trade Item;
c. that a Seller (or other party) complies with, statutes, regulations, government authority edicts, court orders, municipal decisions or the like, or honours (or has the ability to honour) any contract or undertaking to a third party or to a Buyer;
d. a Seller’s identity, character, financial standing or suitability as a Seller;
e. pledge or statement, made concerning any given Trade Item, or that other information given in a listing is correct, complete and non-misleading (including that the Seller has legal title to the Trade Item as described in the Listing and including that the Trade Item is suitable or safe with respect to a Buyer’s health or property); and
f. the above applies in equal measure to a Buyer, Seller or Trade Item that has been designated as ”verified”, ”member” or the like.
7.4.2 You acknowledge that any SBA is made directly between Seller and Buyer, and that therefore it falls upon you to make all relevant and necessary inquiries and controls regarding the other contracting party, whether such party be a Seller or a Buyer, and regarding the Trade Item and other circumstances.7.5.1 A Buyer may, through the Applications and Services, freely withdraw his offer to purchase a Trade Item if he does so before a Seller has confirmed and a SBA has been reached between Buyer and Seller.7.5.2 Yaytrade does not reimburse consideration paid to Yaytrade by Buyer or Seller relating to the Trade Item or the Listing with regard to reimbursement due to cancellation or for other reason.7.5.3 If the Seller cancels a SBA entered into (or in any other manner prevents the SBA from being carried out) Yaytrade may apply any or all of the following penalties:
a. publish a review on the Seller’s Member Profile indicating that the SBA was cancelled; and
b. keep all Seller’s Listings unavailable or blocked indefinitely, for such a time as Yaytrade sees fit.
7.6.1 Seller and Buyer freely agree the mode of payment in the SBA. The Seller and the Buyer undertake all management of payments under the SBA independently of Yaytrade and at their own risk. Yaytrade does not provide any Payment Services nor guarantees any payment (or other undertaking) to be made under an SBA. Seller and Buyer hereby irrevocably waive all rights to make claims against Yaytrade for any cancelled, outstanding or insufficient payment (or other undertaking) under an SBA.8 ENVIRONMENT -SAMPLE STORES8.1.1 The Sample Store is a platform where a Member, who is also a legal person registered in the EEA, has entered into a sample sale agreement with Yaytrade regarding the sale of such Members sample products through the Applications and Services (“Sample Member”). The Sample Store is a closed Environment in the Applications (meaning that only Yaytrade can publish Listings in the Sample Store) where (i) Yaytrade lists the Sample Member’s Trade Items for Members and other users to buy and (ii) where Yaytrade acts as seller.8.1.2 Yaytrade and the Buyer enter into, through the Applications, a Sample Purchase Agreement (“SPA”) that reflects the terms set out in the specific Listing. 8.1.3 All SPAs are subject to Swedish legislation regarding consumer rights, including, inter alia, the Consumer Sales Act, the Consumer Services Act, Distance and Doorstep Sales Act (Sw. Distansavtalslagen), as applicable. In case of a dispute between Yaytrade and a Member, Yaytrade subjects itself to the decisions the Swedish.8.2.1 Each Listing is stated with a fixed buy-now price or an option to place a bid. VAT is included in the price, and listed separately.8.2.2 Yaytrade reserves the right to adjust the fixed buy-now price at any time, before entering into a final SPA.8.2.3 The Buyer may choose which of, the by Yaytrade offered, payment options it prefers to use. Each payment option is provided by a TPPPS and for the use of the service the TPPPS’s certain terms and conditions are stated under “read more” when the Buyer chooses type of payment.8.3.1 Yaytrade may link Listings from Yaytrade.com to other market places, for instance Tradera or similar, to increase the visibility of the Listings. For avoidance of doubt, these Terms and Conditions shall apply to all Listings, regardless of the market place of the Listing.8.4.1 Yaytrade provides shipment when purchasing a Trade Item from the Sample Store. The Buyer must through the Application enter its relevant information and make necessary choices with regard to shipment, thereafter the price for the shipment and estimated time for the delivery will be specified in each Listing. All shipments from Yaytrade are delivered Ex Works (Incoterms 2010).8.4.2 If the Buyer does not collect a sent package, Yaytrade reserves its rights to charge the costs of return shipping, handling and administrative fees.8.5.1 The Buyer has the right to return a purchased Trade Item as set out in the Distance and Doorstep Sales Act including, inter alia, a right to make returns within fourteen (14) days, starting from the date the Trade Item was delivered to the Buyer. However, if the Buyer abuses the Services by, e.g., returning a majority of bought Trade Items, Yaytrade is entitled to immediate suspend or cancel a Member from using its account and to take such other actions as Yaytrade deems necessary.8.5.2 If a Buyer wants to return a Trade Item, the Buyer shall (i) complete and submit the return form which the Buyer can find at yaytrade.com/returns, (ii) order a freight label at yaytrade.com/returns and (iii) when the Buyer has received the freight label the Buyer must attach the label on the package and drop it off at a DHL-service point. When the Buyer has completed step (i) – (iii), the Buyer has claimed its return (provided that this is completed before fourteen (14) days after Buyer received the Trade Item).8.5.3 Yaytrade may charge a shipping fee for a return, such shipping fee will be as stated under yaytrade.com/returns.8.5.4 If the return of the purchased Trade Item is accepted by Yaytrade, the paid amount will be refunded within ten (10) Business Days.8.5.5 Yaytrade reserves its right to decline a return if the Trade Item does not have its price tags or other security sealings left, if the Trade Item has been used by the Buyer or if the Trade Item in any other way has been damaged by the Buyer.8.6.1 It is noted that SPAs executed in the EEA through the Sample Store are subject to consumer protection legislation as set out in different statutory instruments from the European Union and harmonised into statutory law in each member state of the European Union, as applicable. Purchases made in Sweden are subject, inter alia, the Consumer Sales Act, the Consumer Services Act, Distance and Doorstep Sales Act, as applicable.9 ENVIRONMENT –AMBASSADORS STORE9.1.1 The Ambassadors Store, is a closed Environment in the Applications (meaning that only Yaytrade can publish Listings in the Ambassadors Store) where (i) Yaytrade lists its ambassadors’ Trade Items for Members and other users to buy and (ii) where Yaytrade acts as seller.9.1.2 Yaytrade and Buyer enter into, through the Applications, an Ambassador Purchase Agreement (“APA”) that reflects the terms set out in the specific Listing.9.1.3 All APAs are Subject to Swedish legislation regarding consumer rights, including, inter alia, the Consumer Sales Act, the Consumer Services Act, Distance and Doorstep Sales Act, as applicable. In case of a dispute between Yaytrade and a Member, Yaytrade subjects itself to the decisions the Swedish.9.2.1 Each Listing is stated with a fixed buy-now price or an option to place a bid. VAT is included in the price, and listed separately.9.2.2 Yaytrade reserves the right to adjust the fixed buy-now price at any time, before entering into a final APA.9.2.3 The Buyer may choose which of, the by Yaytrade offered, payment options it prefers to use. Each payment option is provided by a TPPPS and for the use of the service the TPPPS’s certain terms and conditions are stated under “read more” when the Buyer chooses type of payment.9.3.1 Yaytrade may link Listings from Yaytrade.com to other market places, for instance Tradera or similar, to increase the visibility of the Listings. For avoidance of doubt, these Terms and Conditions shall apply to all Listings, regardless of the market place of the Listing.9.4.1 Yaytrade provides shipment when purchasing a Trade Item from an Ambassador. The Buyer must through the Application enter its relevant information and make necessary choices with regard to shipment, thereafter the price for the shipment and estimated time for the delivery will be specified in each Listing. All shipments from Yaytrade are delivered Ex Works (Incoterms 2010).9.4.2 If the Buyer does not claim a sent package, Yaytrade reserves its rights to charge the costs of return shipping, handling and administrative fees.9.5.1 The Buyer has the right to return a purchased Trade Item as set out in the Distance and Doorstep Sales Act including inter alia a right to make returns within fourteen (14) days, starting from the date the Trade Item was delivered to the Buyer.9.5.2 If a Buyer wants to return a Trade Item, the Buyer shall (i) complete and submit the return form which the Buyer can find at yaytrade.com/returns, (ii) order a freight label at yaytrade.com/returns and (iii) when the Buyer has received the freight label the Buyer must attach the label on the package and drop it off at a DHL-service point. When the Buyer has completed step (i) – (iii), the Buyer has claimed its return (provided that this is completed before fourteen (14) days after Buyer received the Trade Item).9.5.3 Yaytrade may charge a shipping fee for a return, such shipping fee will be as stated under yaytrade.com/returns.9.5.4 If the return of the purchased Trade Item is accepted by Yaytrade, the paid amount will be refunded within ten (10) Business Days.9.5.5 Yaytrade reserves its right to decline a return if the Trade Item does not have its price tags or other security sealings left, if the Trade Item has been used by the Buyer or if the Trade Item in any other way has been damaged by the Buyer.9.6.1 Yaytrade sells the Trade Items in existing condition (Sw. Befintligt skick). The Trade Items are pre-owned, which means that they might have been used before and therefore might not be in an unused condition. Defects resulting from the Trade Item being pre-owned, is not a valid reason for a return of the Trade Item or refund thereof.9.6.2 Yaytrade does not verify the authenticity of the branding of Trade Items, Yaytrade therefore does not take responsibility if a Trade Item is detected to be a counterfeit. However, a Member always has the right to return a Trade Item which is detected to be a copy of another brand.* * *