K’LEKT WEBSITE AND APP – User Agreement
Welcome to K’lekt UK!
K’lekt UK operates an online platform that allows users to buy and sell authentic consumer goods in brand new condition (deadstock) which is authenticated by us, guaranteeing you 100% security.
This user agreement (‘Terms’) applies whenever you access our Website www.klekt.com or our App (collectively referred to as ‘K’lekt UK’), whether or not you are logged in. These Terms also govern your relationship with us (and with other Registered Users) when you post an item for sale or make a purchase using K’lekt UK. Please read the Terms carefully before you start either: browsing K’lekt UK, registering an account, listing an item for sale or making a purchase.
Whether or not you choose to register, your continued use of K’lekt UK constitutes your acceptance of these Terms. If you do choose to register you will be required to show that you have read and understood the Terms by ticking a box on the registration form. If you are not prepared to accept the Terms, you should not complete registration and should immediately cease to access and/or use K’lekt UK in any matter.
We may update these Terms from time to time. Where we do so, we will post a copy of the updated Terms on K’lekt UK. You should therefore check the user agreement section of K’lekt UK regularly, including before you list a new item or make a purchase, to ensure that you are aware of and agreeable to the new Terms.
Our privacy notice the ‘Privacy Notice’ , FAQs the 'FAQs', and all policies and requirements posted on our Website, may refer to the terms referenced and amended from time to time in these Terms.
We recommend that you print a copy of the Terms for your future reference.
References to “we”, “our”, “us” in these Terms is to K'lekt UK.
References to "you" and "your" refer to you, the individual accessing and/or using the Services.
- HOW K’LEKT WORKS
- These Terms are divided into five parts:
- Part A - Introduction is an introduction to how K’lekt UK works and the Services we offer;
- Part B – Terms for Buyers describe how you as a Buyer purchase an item using K’lekt UK;
- Part C – Terms for Sellers describe how you as a Seller sell an item using K’lekt UK;
- Part D – K’lekt Services describe what services we provide to you such as payment, authentication process, shipping and delivery, and our cancellation policy; and
- If you are a Buyer and a Seller, all of the above terms will apply to you.
- The following definitions shall apply to these Terms unless the context otherwise requires:
- Account Registration means your personal account registration on K’lekt UK to use the Services;
- App means the K'lekt app provided to you by K’lekt UK;
- Buyer means any Registered User who purchases an item using K’lekt UK;
- Purchase Price means the total amount payable by the Buyer for the purchase of an item;
- Registered Users means any person who has an active account with K’lekt UK;
- Registration Data means your user name and password or any other piece of information provided as part of K’lekt’s security procedures and your Account Registration as described in paragraph 5.5;
- Seller means any Registered User who sells an item using K’lekt UK;
- Seller Price means the price the Seller asks for;
- Service Fee means the amount payable by the Buyer inclusive in the Purchase Price for the Services K’lekt provide as set out in paragraph 11.3;
- Services means the online platform provided to you for the purpose of purchasing or selling items and the payment transactions, authentication and shipping processes;
- Third Party Accounts means registration using accounts registered with other companies, such as Facebook or Twitter accounts;
- Website means the K’lekt website at www.klekt.com provided to you by K’lekt UK; and
- Working Day shall be all days other than Saturdays, Sundays and public holidays in England.
ABOUT THE WEBSITE AND APP
- We are Authenticated By Ltd trading as Klekt.com, a company registered in England and Wales.
- Our company number is 11767589 and our VAT number is 313 9211 32.
- Our registered office address is Unit 2 Western Avenue Business Park, Mansfield Road, Acton, London, W3 0BZ and if you would like to contact us, for example if you have any questions about K’lekt UK, you should write to us at that address.
- You can also contact us via the website.
- We operate an online platform that provides a place for Buyers and Sellers to enter into transactions.
- K’lekt UK is intended for use by people throughout the world.
- We are not the Seller of any items advertised for sale on K’lekt UK. All contracts for sale of any item formed through K’lekt UK are between the Buyer and the Seller.
- As with any online platform, you should make all reasonable enquiries and exercise all appropriate caution before making a purchase through K’lekt UK, particularly where you are purchasing a high-value item.
- K’lekt UK is for personal use only. We do not accept business use on K’lekt UK. Business use includes where an individual is acting as a "trader" (a company or individual selling items in the course of trade, business, craft or profession). The law imposes special rules on sales where a trader is selling an item to a “consumer” (an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession). At K’lekt UK, business use is not an acceptable use and we reserve the right to cancel your listing and account in accordance with paragraphs 14, 15 and 16.
USE OF REGISTRATION DATA
- Provided that you agree to the Terms, you are free to browse K’lekt UK without registration. However, certain sections of K’lekt UK and certain functionality (including the ability to list an item for sale or to purchase an item) are only available to Registered Users.
- By registering to use K’lekt UK, you confirm that you:
- understand and accept these Terms;
- are resident worldwide;
- are legally capable of entering into binding contracts; and
- are at least 18 years old.
- We may allow registration using accounts registered with Third Party Accounts. Regardless of whether you use such an account to access our Website or register an account directly with us, you will be bound by these Terms. The fact that we allow you to use a Third Party Account does not suggest any association between us and the third party company with whom you have registered the Third Party Account.
- You agree to:
- provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the Registration Data); and
- maintain and promptly update the Registration Data to keep it true, accurate, correct and complete.
- The Registration Data we collect includes your name, address, telephone number, email address, date of birth, and payment information such as a valid credit card or other approved payment method.
- We reserve the right to suspend or terminate your account or any listing at any time for any reason, including if:
- you provide any information that we reasonably believe is untrue, inaccurate, not current or incomplete, or that we are unable to verify as being true, accurate, current and complete having made reasonable efforts to do so;
- we have reasonable grounds to suspect that any of the information that you have provided is untrue, inaccurate, not current or incomplete;
- you commit any breach of these Terms or we have reasonable ground to believe that your listing breaches any provision of these Terms;
- it appears clear to us that there is a material error in the listing and it would not be practical to ask you to correct it (or you refuse to correct it);
- you do anything that we, in our absolute discretion, believe may damage our reputation or give rise to legal risk or liability to us or any of our other users, including any inappropriate activity in respect of that listing;
- we receive a complaint about you from any other user, or become aware of any allegation that you have failed to fulfil your obligations to another user under a sale contract concluded through K’lekt UK; or
- your account is inactive for an extended period of time.
- You must not register multiple accounts without our permission. If one or more of your accounts has been suspended or terminated by us you must not continue to use any other accounts you may have, or create any new accounts, without our permission.
- Once you have registered you will be a Registered User of K’lekt UK. Registered Users may list an item for sale and purchase an item. These Terms apply irrespective of which of these roles you are performing.
- Nothing in these Terms will limit or exclude your rights under the applicable consumer legislation in relation to the Services K’lekt provide.
- You may cancel your account with us at any time. If you would like to cancel your account, please contact us as set out in paragraph 3.4 and confirm the reason you want to cancel. Once received, we will consider your cancellation request within 3 Working Days.
- If you cancel your account with us you will be liable for any incurred costs which remain outstanding and we will not reverse any orders already placed. If you have any listings on your account, we will consider your cancellation request to include the cancellation of all listings in addition to your account closing.
PURCHASING AN ITEM
- We may use your Registration Data to administer your usage of K’lekt UK and, if you agree, to provide marketing communications regarding our goods and services. You may opt out of the usage of your Registration Data for marketing communications at any time by contacting us via the link sent with each marketing communication.
- You agree that we may use the Registration Data to initiate communications between you and other Registered Users. All messages that you send via K’lekt UK are forwarded to other users anonymously, so they will not see your email address. We will not send confidential or sensitive information about you to other Registered Users (such as your name, address, telephone number, email address or date of birth) without your consent. Similarly, we will not provide such information about other Registered Users to you without their consent.
- You are responsible for any use of your account using your user name and/or password, for keeping your user name and password confidential and for logging out of your account at the end of each session. You agree to let us know immediately if you become aware of or suspect any unauthorised use of your account, user name and/or password. If you forget your user name and/or password, you may contact us as set out in paragraph 3.3 and 3.4 and we will email your user name and password to the email address specified in your account. We are not able to provide a password reset for Third Party Accounts. You are responsible for any actions taken by a person who logs into the site using your user name and password.
LISTING AN ITEM
- We display images of the Seller’s items on K’lekt UK. However, the way that these images will display on your screen will depend on the display settings of your device and therefore colours and other aspects of the items may look slightly different in real life to the way they look on screen. Any item packaging is shown for illustrative purposes only and the packaging of the item you receive may be different.
- You must read the listing carefully prior to purchase and raise any queries you have with us before you make your purchase. In certain circumstances, the contents of a listing may change. You should therefore always check before you make a purchase whether there have been any changes to the listing since you initially reviewed it.
- We use reasonable endeavours to verify the Seller's identity when they list an item onK’lekt UK. We reserve the right to open an investigation in accordance with paragraph 15 if we are unable to verify the Seller’s identity.
- All orders must be placed via K’lekt UK. You can place an order by adding the item or items that you want to order to your basket, proceeding to checkout and then following the onscreen process.
- When purchasing an item, the Service Fee will be included in the price which is payable to us. See paragraph 11 for more details as to how the cost and payment process works.
- You must only purchase an item that you genuinely intend to purchase and in respect of which you have sufficient available funds to pay the Purchase Price (including the Service Fee associated with the purchase of the item).
- You understand and accept that by making a purchase, you are agreeing to enter into a legally binding contract between you and the Seller requiring you to purchase that item.
- Unless you tell us otherwise, we will assume that you are purchasing an item via K’lekt UK for your own use. If you purchase an item on behalf of someone else, please be aware that you will still be responsible for complying with the obligations set out in these Terms, including payment obligations.
- You should comply with all ordinary legal rules and regulations regarding the sale and purchase of the item, as you would have if you had made the agreement outside of K’lekt UK.
- When you place an order, you will receive an automated email confirming your order. If you do not receive this within 24 hours of placing your order, please check your spam filter. If you are still unable to locate the email please contact us as set out in paragraph 3.4, to check that your order has been received.
- Once you have placed an order, the Seller will be informed immediately. The Seller must confirm the purchase within 24 hours.
- Our professional authentication team personally inspects every item. We will send the item out safely and double boxed to you provided that the item passes the authentication process. For more information please see paragraph 12.
- If the item does not pass our authentication process, we will directly refund your full payment via PayPal (this may take up to 3 Working Days).
- When the authentication process is successful, we will dispatch the item for shipping to you directly. We will send you an email to confirm this and provide you with a tracking code for the insured shipment. For more information about the postage and delivery, please see paragraph 13.
- Title of the item passes as the authentication process is successful and payment is made to the Seller
SELLING AND POSTING AN ITEM
- When listing an item for sale on K’lekt UK, you must include an accurate description of the item including model, size and the amount you would like to receive for the item in euros (€).
- As a Seller, you have an obligation to ensure that the item you list for sale on K’lekt UK is genuine: in brand new condition (for example, deadstock), authentic and must include all of its original packaging and labelling.
- You must only list an item for sale if you are the absolute and unencumbered owner of that item or you otherwise have the right to sell that item. This means that you must not list an item for sale if any other person has any kind of legal or beneficial interest in that item.
- You must not list an item for sale if the possession, use and/or sale of that item would infringe the rights of any third party (including intellectual property rights) or be unlawful or illegal in any way. You must also not list an item for sale if it is on any list of prohibited items we may post on K’lekt UK from time to time.
- You must ensure that your listing is accurate, complete and not misleading in any manner. Unless you clearly state otherwise, any information contained in your listing must be factual and capable of being supported by documentation or other appropriate evidence. You must also ensure you are compliant in accordance with paragraph 4.5.
- If any information you include in your listing represents a statement of your opinion, it must represent your honest, reasonable and considered opinion and you must specifically say that it is a statement of opinion.
- If you cannot substantiate any piece of information in your listing, for example because of missing documentation, you must clearly state this and explain, so far as possible, the reason why the information cannot be substantiated and the reason why, despite this, you consider the information to be factual and accurate.
- We use reasonable endeavours to verify your identity when you list an item on K’lekt UK. We reserve the right to open an investigation in accordance with paragraph 15 if we are unable to verify your identity.
- Whilst K’lekt UK is designed to appeal to people with an interest in high-value sneakers, the degree of knowledge and expertise that Buyers and potential Buyers may have will vary between individuals. You should therefore avoid using any technical or specialist terms in your listing (unless you explain what they mean) or assume any particular knowledge.
- You must only list items that you genuinely intend to sell. You must not offer an item for sale on any other Website or through any other method whilst it is listed on K’lekt UK. If any person expresses an interest in purchasing the item whilst it is listed on K’lekt UK, you should direct them to K’lekt UK and must not agree a private sale outside of our site.
- Once you have confirmed your listing and the item is live on K’lekt UK, this represents an offer by you to sell the item to any person who agrees through K’lekt UK to purchase the item at the Purchase Price, and the item will be listed for sale on K’lekt UK. You understand and accept that by listing an item on K’lekt UK you are offering to enter into a legally binding contract with any person who chooses to purchase the item. If an item is purchased, you will only receive the Seller Price.
- You must ensure that you have the copyright and all other rights in any content that you include in your listing, including any photographs and you will reimburse us if we suffer any claims as a result of your submission of any content in contravention of this paragraph 8.11.
- We reserve the right to determine how we feature your listing on K’lekt UK. We may for example choose to highlight or promote particular listings from time to time, either on their own or together with other listings. We will also decide how any search facilities will work, including how search results for particular terms may be determined or what order search results may be shown in.
- If we terminate a listing (in accordance with paragraph 5.6), you must not re-list that item without our permission.
- We may also feature your listing, or information from it, in other locations outside K’lekt UK, whether online, in print or otherwise, to promote your listing and/or K’lekt UK in general. We may do this either during the term of the listing or after it has ended.
- You acknowledge that we may in our absolute discretion refuse to allow the item to be posted on K’lekt UK, remove the item which has been posted, freeze or close your account at any time as more fully set out in paragraphs 5.6 and 15, particularly where we are unable to verify your identity.
- You agree that if a Buyer purchases your item, this will immediately form a contract of sale between you and the Buyer for the sale of the item at the advertised Purchase Price. This contract is legally binding and neither party can withdraw from it unless the other agrees.
- Once an item has been purchased, it shall cease to be listed on K’lekt UK.
- After an item has been purchased, you will be informed immediately by email and must confirm we can collect the item within 24 hours. Please ensure all original packaging and labelling are included in your packaging.
- When we have received confirmation for collection, we will arrange a time with you for our provider, DHL to collect the item from you at the address provided during your Account Registration unless otherwise specified.
- You agree that the sale of the item is conditional upon the authentication process approving the item is authentic.
- You authorise that if we are unable to verify the authenticity of the item or we discover the item is faulty, we can automatically deduct the Service Fee from you using the payment information provided when you registered your account with us.
- If the authentication process is successful, title of the item will pass when payment is made to the Seller.
- The price of an item listed on K’lekt UK includes our Service Fee (which includes VAT) as described in paragraph 11. Once a Buyer enters the checkout page, the total price the Buyer will pay will be the Purchase Price quoted in euros (€).
- If you list an item for sale through K’lekt UK, you agree that any payment due to you for an item that you sell through K’lekt UK will be made through us.
- If you purchase an item through K’lekt UK, you must immediately make payment for that item, and you agree that you will make payment through K’lekt UK.
- As soon as you proceed in the purchase, you must make the payment using one of the payment methods we accept, as displayed on K’lekt UK. As a Buyer you are responsible and agree to pay any taxes (including VAT and sales tax) that may be due with respect of your transaction (all of which will be inclusive in the Purchase Price).
- We take payment from the Buyer for the purchased item and hold it on trust on behalf of the Buyer until the authentication process has been completed. This means that the rights in the money do not transfer unless and until the item has been authenticated.
- Full payment must be received and verified by us before your purchase can be guaranteed. If we are unable to take payment for any reason we will contact you and ask you to make payment by an alternative method. We will not be able to dispatch the item until cleared payment is received.
- Once the item has been verified authentic, the Seller shall have the right to receive the Seller Price and we will make the payment of the Seller Price (on behalf of the Buyer) to the Seller for the item purchased. We will be entitled to retain the Service Fee in payment for the Services that we have provided.
- We reserve the right to charge the Seller for the Service Fee as described in paragraph 12.3.
- As a facilitator of the transaction, K'lekt is not responsible for reporting, collection or payment of any taxes on your behalf.
- There is no fee to browse K’lekt UK, or register an account with us.
- We charge a Service Fee in consideration for the Services that we provide.
- The Service Fee is added on top of the Seller Price. The Service Fee will already be displayed inclusive of the Purchase Price on K’lekt UK and includes (but is not limited to):
- authentication costs;
- packaging costs;
- transaction costs;
- handling costs;
- shipping costs; and
- The Service Fee is non-refundable except in the circumstances described in paragraph 12.3.
- We reserve the right to change the amount of the Service Fee at any time, but any change will not affect purchases that you have already made.
- If we discover, or have reasonable grounds to believe, that you have concluded a purchase or sale outside of K’lekt UK in breach of these Terms, we will charge you a fee equivalent to the Service Fee as if the sale had been made through K’lekt UK. If we are unable to ascertain the value of that sale, we will assess the value on a reasonable basis for the purposes of calculating the fees payable.
POSTAGE AND DELIVERY
- Once we obtain the item from the Seller our professional authentication team will personally inspect the item within 3 Working Days.
- During the authentication process, our professional team visually inspects the item and its packaging and uses commercially reasonable efforts based on their expertise to confirm if the item is in brand new condition, is authentic and includes all of the original packaging and labelling.
- If we cannot reasonably confirm the authenticity of the item or we determine that it is not authentic, we will notify the Buyer and the Seller that we have been unable to verify that the item is authentic. The Seller will be charged the Service Fee as outlined in paragraph 10.7 and we will issue a refund of the Purchase Price to the Buyer. Sometimes the refund may take up to 3 Working Days.
- We reserve the right to reject any item if we, in our reasonable opinion, do not believe that the item meets the requirements set out in these Terms for any reason, including but not limited to authenticity or damage of the item.
- Once the authentication process is complete and the item has passed the authenticity tests, we will deliver the item(s) to the delivery address that was provided in your order. The Buyer will receive an email to confirm the order and be provided with a tracking number for the shipping.
- We aim to ship all orders within 1 Working Day from the date the authentication process is complete. If the authentication process completes on a Friday, we will ship the item on the next available Working Day.
- We will only dispatch items to UK and European address’s using DHL Express.
- The average delivery time from our warehouse to you is currently 2-5 Working Days from dispatch. Delivery times will depend on how quickly the Seller is able to ship the item to us after the item is purchased. On average, our delivery times are 6-12 Working Days in total for an item to be received by a Buyer.
- The cost of shipping from the Seller to our warehouse and from our warehouse to the Buyer will be payable by the Buyer and is included in the Service Fee.
- Delay is sometimes out of our control and therefore, time of delivery is not guaranteed. As such we will not be liable for any losses, costs, damages, charges or expenses caused by any delay in delivering the items to you. This means the Buyer is not permitted to cancel the purchase if the item does not ship from the Seller within the estimated timeframe provided in confirmation email after purchase. If we do not receive the item from the Seller within 10 Working Days of the purchase order, we will cancel the order and refund in full the Purchase Price to the Buyer as outlined in paragraphs 7.11.
- You must ensure that someone is at home on the delivery date to accept delivery. Our courier may leave the item with anybody at the address you have given us for delivery, provided that they are or appear to be at least 18 years of age.
- If you are aware that nobody is going to be at home you should provide alternative arrangements, for example a safe place where the items can be left or a neighbour who will accept deliver. In this case, our courier’s delivery of the items to the safe place or the neighbour’s address will complete our delivery obligations.
- The item becomes your property and responsibility from the point at which it is delivered to you (or to a safe place you have chosen for delivery or another person you have asked us to deliver it to instead of you).
- If we are unable to make delivery, our courier will attempt to re-deliver on two occasions. If that redeliver is unsuccessful then the item(s) will be returned to our warehouse and you must contact us to arrange re-delivery (for which you may have to pay a reasonable additional fee) within 20 Working Days. If you do not make arrangements for re-delivery within 20 Working Days then we may cancel your order.
COUNTERFEITS, FRAUD AND MARKET MANIPULATION
- If you want to amend the listing once it has been published on K’lekt UK, changes may be made within 24 hours of the original listing. To amend your listing, you must do so by contacting us as set out in paragraph 3.4, state the listing you would like to amend and the changes you would like made.
- If you want to cancel the listing once it has been published on K’lekt UK within 24 hours of the original listing, you may only do so if the item has not yet been purchased by a Buyer and one of the following applies:
- the item is lost, damaged, or destroyed prior to the listing completed;
- you identify a serious error with the listing which cannot be corrected or the correction of which would fundamentally change the nature of the listing;
- it becomes, or you discover that it is, unlawful or illegal to sell the item; or
- you have a good reason which we consider, in our reasonable discretion, justifies the cancellation of the listing.
- If you wish to cancel a listing in any of the circumstances described in paragraph 14.2, you should contact us immediately as set out in paragraph 3.4, stating which listing you would like cancelled. We will consider cancellation requests promptly and, provided we are satisfied you are entitled to cancel (in the circumstances as they exist at the time we consider your request), we will cancel your listing.
- We are not able to offer cancellations or returns under any other circumstance other than those described in paragraph 14.5 below because all items are listed by private Sellers. However, nothing in these Terms is intended to override your ordinary legal rights and we will comply with our legal obligations to accept returns and issue refunds where otherwise required by law. For more information, please see paragraph 4.5.
- If an order has been placed, a Buyer or Seller can only cancel the order in very limited circumstance where it becomes, or you discover that it is, unlawful or illegal to sell the item.
- If you are cancelling under the above circumstance, you must contact us immediately as set out in paragraph 3.4 and confirm the order you want to cancel, the illegality and the order number quoted on your dispatch confirmation. Once received we will consider your cancellation request within 3 Working Days. If your cancellation request is accepted, you must return the item in the same condition in which you received them, and at your own cost and risk.
- If we are satisfied with your cancellation request, we have received the item; we will inspect the item for any damage. If we are satisfied with the item, we may cancel your order.
- If the Seller has cancelled the order due to unlawfulness or illegality, the Buyer will receive a full refund for the price of the item including the Service Fee. We reserve the right to retain the item from the Seller until we receive the Service Fee from the Seller as a result of their breach. Once we have received the Service Fee from the Seller, we will send the item back to the Seller and reserve the right to suspend or close their account in accordance with paragraph 5.6.
- If the Buyer has cancelled the order due to unlawfulness or illegality, breaching the Terms, we reserve the right to suspend or close their account in accordance with paragraph 5.6. We will request that the Buyer send the item back to us. Once received and inspection of the item is approved, we will consider refunding the Seller Price to the Buyer and will retain the Service Fee. The item will be sent back to the Seller within 10 Working Days.
- If in either circumstance set out in 14.8 or 14.9 we fail to receive the item, we reserve the right to suspend or close your account in accordance with paragraph 5.6 and launch an investigation into the Buyer or Seller.
- For more information on closing your account, see paragraph 21.
- At K’lekt, we cannot guarantee that any item will sell.
- We take counterfeiting, fraud and market manipulation very seriously. If a Seller provides a counterfeit item or attempts to defraud any Buyer or K’lekt, K’lekt reserves the right to do any or all of the following, in its sole discretion:
- remove any or all of Seller’s listings from the Services;
- cancel any or all of Seller’s orders pending through the Services;
- withhold any payments due to Seller;
- place limits on Seller’s buying and selling privileges;
- ship the item back to the Seller at the Seller’s cost;
- temporarily or permanently suspend Seller’s account; and
- provide the counterfeit items to law enforcement or destroy the counterfeit items.
- The Seller agrees that each of the above remedies are reasonable and justified upon K’lekt’s discovery of counterfeit items or fraudulent actions, even if those items or actions were not known by the Seller at the time to be counterfeit or fraudulent (e.g. negligent fraud).
- The Seller understands and agrees that if we provide the counterfeit item to law enforcement, Seller’s communications and any property claim with respect to that item must be solely with that law enforcement agency and not with us.
- If the Buyer receives an item and believes it to be counterfeit, the Buyer must notify K’lekt in writing within 3 Working Days after receiving the item, and we will commence an investigation into the item. The Buyer shall cooperate with us in the investigation and final disposition of the item, including providing photographs and other evidence of the item, providing the item to law enforcement, or delivering the item back to us, at our direction.
- We monitor the integrity of the K’lekt Website and will take steps to protect the online platform as determined by K’lekt in its sole discretion.
- If we believe that a Seller or Buyer attempts to interfere with the free and fair operation of the K’lekt online platform, or creates artificial, false or misleading information, or information Appearing to mislead with respect to pricing or demand for a product on the K’lekt online platform (all of the foregoing in K’lekt’s sole discretion), then, without limiting any other rights of K’lekt, K’lekt reserves the right to do any or all of the following, in its sole discretion:
- remove any or all of the user’s listings from the Services;
- cancel any or all of the user’s orders pending through the Services;
- withhold any payments due to the user;
- place limits on a user’s buying and selling privileges;
- notify law enforcement of the fraudulent activity; and
- temporarily or permanently suspend the user’s account.
- We reserve the right to investigate complaints and violations of these Terms and, to the extent permitted by Applicable law, may take any actions we deem appropriate, including suspending your account and charging your credit or debit card for costs we incur as a result of the violation.
- We may share your information with law enforcement and other third parties as part of an investigation related to any alleged violation to law or these Terms and we may respond to all inquiries initiated by law enforcement or other governmental agencies. If we believe that you are listing an item or purchasing an item through K’lekt UK in the course of a trading business, we will be entitled to refuse your listing or purchase and immediately close your account.
COMMUNICATING WITH US
- The terms described in this paragraph 16 have been designed to protect K’lekt UK and its users and to ensure that K’lekt UK remains functional, accessible and secure for all users. These rules apply to any person accessing K’lekt UK, whether or not a registered user.
- It is a requirement of these Terms that this paragraph 16 is strictly complied with. In the event that you are unsure as to whether any particular use of K’lekt UK or other activity is permitted, please contact us seeking clarification.
- You must:
- use K’lekt UK in accordance with these Terms, in good faith and in the manner in which is intended;
- read any guidance and policies displayed on K’lekt UK and ensure that you use K’lekt UK in accordance with those instructions; and
- let us know if you become aware of anything which concerns you regarding K’lekt UK, including any security issues or any breach or potential breach of these Terms by you or any other user.
- You may not use K’lekt UK:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that may damage our reputation, that of K’lekt UK, or the reputation of any other user;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; and/or
- in any way that is designed to frustrate or bypass any safeguards or restrictions built into K’lekt UK or any rules described in these Terms;
- for the purpose of harming or attempting to harm minors in any way or to solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes;
- to harvest or collect email addresses or other contact information of other users of K’lekt UK by electronic means for the purposes of sending unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to transmit, or procure the sending of spam; and/or
- to send, knowingly receive, upload, download, use or re-use any material which:
- (a) is inaccurate;
- (b) expresses an opinion which is not genuinely held;
- (c) contains any material which is defamatory or derogatory of any person;
- (a) contains any material which is obscene, offensive, hateful or inflammatory;
- (e) promotes sexually explicit material, violence, any illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- (f) infringes any copyright, database right, trade mark or other intellectual property right of any other person;
- (g) is likely to deceive any person;
- (a) is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- (i) is threatening, abusive or invade another’s privacy, causes annoyance, inconvenience or needless anxiety, is likely to harass, upset, embarrass, alarm or annoy any other person; and/or
- (j) advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- You also agree:
- not to reproduce, duplicate, copy or re-sell any part of K’lekt UK in contravention of the provisions of these Terms;
- that in uploading any material to K’lekt UK you will not impersonate any person, misrepresent your identity or affiliation with any person, or give the impression that the material emanates from us (if this is not the case);
- not to access without authority, interfere with, damage or disrupt:
- (a) any part of K’lekt UK;
- (b) any equipment or network on which K’lekt UK is stored;
- (c) any software used in the provision of K’lekt UK; or
- (d) any equipment or network or software owned or used by any third party; and
- not to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, or to attack our Website via a denial-of-service attack or a distributed denial-of service attack.
- By breaching paragraph 16.5.3 or paragraph 16.5.4, you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and/or App will cease immediately.
- You agree that you will not use K’lekt UK in any of the ways prohibited in this paragraph 16 or otherwise set out in these Terms, and you agree that you will be liable to us and indemnify us for any breach loss, damage, cost or expense that we suffer as a result of a breach by you of this paragraph 16 or these Terms.
OUR RESPONSIBILITIES TO YOU
- Applicable laws require that some information or communications we send to you should be in writing. When using K’lekt UK, you accept that communication with us will be mainly electronic. If we need to contact you, we will usually do this through the communication system built into K’lekt UK. We may also contact you by phone or by post, again using the details associated with your account. General notices about K’lekt UK may be posted in a prominent place on either.
- If you need to communicate with us, you can communicate with us using the method set out in paragraph 3.4.
- We will try to review and respond to any communications that we receive from you as soon as we can, but please be aware that it may take some time depending on the nature and complexity of your issue and the volume of other communications being received. We cannot be held responsible for any loss or damage you suffer as a result of us not dealing with your communication immediately upon receipt.
YOUR RIGHTS IF WE BREACH THIS USER AGREEMENT
- We will use our reasonable efforts to make K’lekt UK available for you to access over the internet and that K’lekt UK is reasonably free of technical errors which may impact on your ability to use K’lekt UK properly.
- However, from time to time K’lekt UK may be unavailable if we carry out routine maintenance and repairs or due to the unavailability or failure of any part of the general public internet infrastructure. We do not give any promise that K’lekt UK or the services it provides will be available for you to access at all times, will continue uninterrupted or error-free or will remain unchanged.
- We may provide guidance on matters such as preparing your listing, postage and delivery of your items or your legal obligations when buying or selling items on K’lekt UK. Any such advice is provided to you at no charge to help you get the most out of K’lekt UK and make using them a positive experience for both you and other users.
- However, K’lekt UK are not intended to be an advice service nor a substitute for using your own care, skill, judgment and discretion. We will not be responsible to you for any loss or damage that you suffer as a result of you relying on any guidance we give, nor for any loss or damage that you suffer as a result of us not giving guidance on any particular point.
- We are not responsible for checking the identity of any users of K’lekt UK. We cannot give you any assurance that any listing is accurate, that any Seller has the right to sell the advertised item or that any Buyer will be able to pay for the item they purchase.
- If you are using K’lekt UK, the Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
- We are not responsible for any of the following losses that we may cause to you (even if as a result of our breach of these Terms, negligence or other wrongful act or omission): indirect, special or consequential losses, loss of anticipated savings, or loss of data.
- Nothing in these Terms will limit in any way our liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- any other matter for which it would be unlawful for us to exclude, or attempt to exclude, our liability.
- We are not responsible to you for the following types of loss or damage:
- loss or damage of a kind that we could not reasonably have foreseen;
- loss or damage arising out of use of the item for commercial, business or re-sale purposes;
- loss or damage which results from you misusing the item;
- loss or damage arising from wear or tear or otherwise from damage to an item arising after the time when it was delivered (except where that damage is caused by a problem which was present at the time it was delivered); and
- loss or damage arising from the Seller being fraudulent.
OUR RIGHTS IF YOU BREACH THIS USER AGREEMENT
- If we breach these Terms, or otherwise fail to fulfil our legal responsibilities to you (including where we commit any non-contractual legally wrongful act, such as negligence), we may be responsible in law to pay damages to you.
- However, we offer this K’lekt UK to you on the understanding that our liability to you will be limited as set out in paragraph 19.3, and by using K’lekt UK you agree that this limitation and the restrictions on our liability in paragraph 18 are reasonable. If you do not agree, please do not continue to access or use K’lekt UK.
- Except where we have confirmed that we are not responsible for a type of loss or damage (as described in paragraphs 18.2 to 18.6, or where our liability for a loss is unlimited as set out in paragraph 18.8, our liability to you (whether in respect of breach of these Terms, in tort (including negligence) or otherwise) is limited to either:
- the Purchase Price of the item involved in a dispute; or
- a maximum cap of up to £10,000.
- Where we have committed a serious breach of these Terms you may also immediately close your account with us. In this case the rules described in paragraph 21 will apply, except that we will not delay closing your account for any reason and we will refund any amounts you paid in respect of incomplete listings which were cancelled as a result of the closure of your account.
CLOSING YOUR ACCOUNT
- If you breach these Terms in any manner we may (as we reasonably consider Appropriate in the circumstances):
- terminate any affected listing (see paragraph 5.6 for more information);
- cancel any order that you have made; and/or
- limit, suspend or terminate your user account.
- Where we take an action as described in paragraph 20.1 we will use our reasonable efforts to avoid or reduce impact on other users. However, we cannot be responsible to you if you are adversely affected by our action in response to a breach by another user.
- If your breach of these Terms causes us to incur any liability to another user or a third party, you will reimburse us for any loss, damage, cost or expense we incur as a result (including legal fees).
- Our rights described in this paragraph 20 are in addition to and do not limit any other rights we may have in law if you breach this agreement.
- You may close your account at any time by getting in contact with us and notifying us of your wish to do so.
- Upon closure of your account, your relationship with us will end and the Terms will no longer bind you and us, but it will continue to apply in respect of anything that happened prior to the closure of your account and closing your account will not affect any rights, actions or liabilities which arose prior to closure.
- Closure of your account will not affect any sales that have completed prior to closure and you will continue to be responsible to perform any of your obligations in respect of any such contracts of sale. Closing your account will not remove the restrictions about making private sales outside K’lekt UK.
- If you have any active listings at the time you notify us that you want to close your account then we will assume that you also want to end these, and we will consider this as a request to cancel all current listings.
- Except where you close your account in accordance with paragraph 21.6, we may delay closing your account if:
- you have any current listings that you are not entitled to cancel in accordance with paragraph 5.6; or
- access to your account is required so that you can complete any obligations in respect of purchases or sales made prior to closure, for example making payment and arranging postage or delivery of items.
- By creating an account, you are agreeing that we will commence providing the services to you (such as access to K’lekt UK, the right to buy and sell items, the authentication process and shipping services) immediately. This does not in any way affect your right to cancel your account with us in accordance with your legal rights and you may, at any time cancel this and close your user account on notice to us.
- If you do ask to close your account as described in paragraph 21.6, your account will be closed as soon as we receive your request and any listings you may have made will be cancelled. And, if you do close your account as described in this paragraph you will still be responsible to pay us for any fees incurred up to the point at which you closed your account.
CONTENT OF THE WEBSITE AND APP
- We may post additional policies on the Website from time to time, providing more details about the rules around a particular aspect of using the Website. You must comply with any policy that we post on the Website in addition to these Terms, and any breach of a policy will be treated the same as a breach of these Terms.
- Policies are intended to be additional to these Terms and should not conflict with it. However, it may be necessary in some cases to apply a different rule to a particular aspect of using K’lekt UK to the general rule described in these Terms. Therefore if a rule in a policy is inconsistent with a rule in these Terms you should follow the rule in the policy.
OUR RIGHT TO VARY THESE TERMS
- We will use our reasonable endeavours to ensure that the information on K’lekt UK are accurate and complete. However, we do not give any promises about the accuracy or completeness of that information or the accuracy of any information (including, without limitation, Registration Data provided by Registered Users).
- The K’lekt UK include content, services and hypertext links to Websites owned, operated, controlled and/or provided by third parties (Third Party Content).
- Your use of any Third Party Content may be subject to the relevant third party’s terms and conditions, and it is your responsibility to make yourself aware of those terms and conditions. We will not necessarily see or be aware of any enquiries that you submit to any third parties who provide Third Party Content.
- We have no control over or proprietary interest in any Third Party Content. We do not give any promises about the quality, security, accuracy or any other aspect of any Third Party Content, and exclude any and all liability arising from you use of them.
- We may update these Terms from time to time, as described at the top of these Terms.
- If you do not agree with any change to the Terms, you must notify us immediately and request to close your account. In this case your account will be closed as described in paragraph 21 and the new terms will not apply to you.
- Other than as described in this paragraph 23, no changes to these Terms, nor exceptions to any policy, will be binding on you or us unless agreed in writing. Only a director of our company can agree to any special change to these Terms or policy exception and any statements made by any other representative of ours are not intended to be legally binding.
- If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, or condition or provisions will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- These Terms, together with any policies, represents the entire agreement between you and us in respect of K’lekt UK and replaces any previous agreements in place between you and us.
LAW AND JURISDICTION
- If a dispute arises between you and a Buyer or Seller, or between you and us, we suggest that in the first instance you contact us using the details set out above. If we are unable to resolve a dispute, we will consider alternative dispute resolution as an alternative to litigation.
- If you are in dispute with another Registered User, we will use reasonable endeavours to assist in resolving the dispute by way of an investigation. If unresolved, we may provide the Buyer with the Seller’s information to pursue the complaint privately (as described in paragraph 15). We accept no responsibility for the actions of the Seller.
- If you and we are unable to resolve any dispute, it may be resolved through the English courts or the courts of any other appropriate jurisdiction. These Terms are governed by English law and any disputes will always be governed by English law, regardless of where the dispute is heard.
- These Terms and any associated non-contractual disputes or claim, are governed by English law and you and we each hereby accept the exclusive jurisdiction of the English courts.