Terms

Last updated: 2022-03-17

TERMS OF USE

Introduction 

This agreement, STIKKLING’s User Agreement, STIKKLING’s Privacy Policy and all other policies posted on our site set out the terms on which STIKKLING offers you access to and use of STIKKLING’s sites, services, applications and tools (collectively ”Services”). All policies are incorporated in this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services. The entity you are contracting with is STIKKLING AB (company number. 559276-3758), a company established in Sweden (Lawline AB ℅ STIKKLING AB Oxenstiernsgatan 25, 115 27 Stockholm, Sweden) (“STIKKLING”, “we”, “our” or “us”). STIKKLING’s Services can be accessed on (but may not be limited to) The STIKKLING website (“Site”).

About STIKKLING 

STIKKLING is a social-media inspired marketplace that connects people around the world, both online and offline, to buy and sell, discover and learn about unique plants and related items. STIKKLING features a variety of pricing formats, editorial content, user content and is operational in multiple regions. Users can sign up to STIKKLING with a STIKKLING account and view user profiles of other users.

This document and any documents it refers to set out the terms of your relationship with us. It is important that you read and understand the Terms of Use before using the Service.

Your relationship with us 

  1. STIKKLING is not a traditional auctioneer but works to enable safe peer-to-peer sales of plants or plant-related items. STIKKLING does not own any of the items offered or sold through STIKKLING and is not a party of the transactions between the buyer and the seller. The contract of a sale is settled directly between the seller and the buyer.
  2. We can provide guidance regarding prices, pricing, listing and other such questions as part of our Services. Such guidance is provided solely for informational purposes and you may decide not to follow it. STIKKLING strives to review users’ listings or content and may help facilitate the resolution of disputes. However, we do not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of user’s content, listings or feedback; the ability of sellers to sell items; or that a buyer or seller will actually complete a transaction or return an item.
  3. By setting up an account with us and/or using and accessing the Services, you agree to and accept these Terms of Service in their entirety. If you do not agree to these Terms of Service, you may not use the Services.
  4. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, please contact us atsupport@stikkling.com.
  5. If you wish to terminate your user account with STIKKLING, you have the right to do so at any time. Account termination is pursued by notifying us via support@stikkling.com. Before closing the account, you must have completed all of your ongoing sales, bids and purchases and we must also have received payment for all outstanding fees.
  6. You must be 18 years or older to use our Services. Minors who are at least 16 years of age are permitted to use our Services through an account owned by a parent or legal guardian with their permission and under their supervision. Children under 16 years are not permitted to use STIKKLING’s Services. You are responsible for all account activity conducted by a minor on your account.
  7. You are responsible for providing us with accurate information about yourself. Please note that it is forbidden to use false information or impersonate another person or company through your account.
  8. Choose an appropriate username. Your username must not contain language that is offensive, vulgar, violates anyone's rights or otherwise breaches the terms.
  9. You are solely responsible for all activities on your account/profile. If you share an account with others, the person whose financial information is on the account will ultimately be responsible for all activity. If you register a business account, you personally guarantee that you have the authority to accept the terms on behalf of the company. In addition, your accounts cannot be transferred.
  10. Protect your password. You are solely responsible for all activities on your account, so it is important to keep your account password secure.
  11. These terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and STIKKLING.

Information about you and your privacy

Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share information about you.

Using STIKKLING

  1. You can sell your items through our Service by creating listings with photos of the item you want to sell (“Sale Item”). When a user of the Services purchases such Sale Item, this is a “Sale Transaction”.
  2. You are not permitted to buy or sell a Sale Item by making direct arrangements with the buyer or the seller to use a payment method outside STIKKLING. Please note that selling or purchasing a Sale Item in any other way is a breach of our Terms of Use and can result in, among other things, suspension or termination of your access to the Services.
  3. STIKKLING is a niche marketplace specifically for plant sales. You are not permitted to buy or sell any items that are not related to plants. If we as a platform provider do not think a listing is suitable for our platform’s purpose we have the right to take it down.
  4. Plant material that is listed in CITES - Convention on International Trade in Endangered Species of Wild Fauna and Flora, is prohibited on the STIKKLING page unless you can show a copy of a valid export permit from the CITES Authority in the country of export that has been received by the Board of Agriculture in your country.
  5. It is prohibited to buy or sell any object that is on the verge of being illegal or is illegal. STIKKLING has a zero tolerance policy on using the Service to promote, advertise or sell drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.
  6. Sale Transactions may only take place via STIKKLING's third party payment provider Stripe. This payment option is available to you via the Site. Your use of Stripe through our Services, is subject to the Stripe Connected Service Agreement, which includes the Stripe Terms of Service (collectively “Stripe Services Agreement”) which establishes the relationship between Stripe and you as a STIKKLING user. By setting up a Stripe account (seller) and making a purchase through STIKKLING you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of STIKKLING enabling payment processing services through Stripe, you agree to provide STIKKLING accurate and complete information about you and your STIKKLING account. By using Stripe, you hereby consent and authorise STIKKLING and Stripe to share any information and payment instructions you provide to the extent required to complete payments via the Services. When you use STIKKLING payments via Stripe and have given us and Stripe permission to do so, you may authorise and request Stripe to debit your bank account by using the Bankers’ Automated Clearing Services (Bacs) if for example the net activity in your account on a day is negative or we need you to fund your account for any other reason relating to the Stripe Connected Account Agreement.
  7. Any agreement for and/or purchase of a Sale Item is made solely between you and the seller. Complaints, questions and claims related to a Sale Item should be directed to the seller. Where users cannot resolve issues relating to a Sale Transaction between themselves, we will attempt to help mediate such disputes. You can open a dispute case with STIKKLING by contacting us at support@stikkling.com.
  8. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
  9. When you post a sales item on STIKKLING you are responsible for the content of the listing. You ensure that the item is described in an honest and accurate way and that you own the item being sold and the photos used in the listing.
  10. The seller is responsible for what is stated in their respective refund policy, regardless of whether they have their own policy or agree to the STIKKLING recommended refund policy. The STIKKLING recommended refund policy is produced to enhance the safety of the platform. However, the responsibility of complying with its rules and promises lies with the seller. If no refund policy is used the two parties taken part in the transaction must agree on the terms and responsibilities. If nothing is agreed on and there is a dispute STIKKLING may not be able to guide you to a resolution.
  11. If you register an account at Stikkling as a corporate user, you confirm that you have the authority and power to represent and bind the company to this agreement. If you conduct business on or through STIKKLING, you must comply with the laws applicable to commerce on the website you are using.
  12. Listing prices and other currency related figures on STIKKLING may be converted to different currencies (e.g. from foreign currency to user’s local currency) by services or automatic tools provided by third parties. STIKKLING cannot guarantee the availability or the accuracy of any conversion. Users use all such Services at their own risk.

Rules of Acceptable Use

This section describes specific rules in addition to the other requirements within these Terms of Use, that apply to your use of the Services. In connection with using or accessing the Services you agree to not:

  1. provide any false or misleading information in your Account information;
  2. post any false, misleading or injurious information or content;
  3. permit another person to, directly or indirectly, use the Service under your user ID unless you are a business and such person is authorised by you;
  4. use the Service if we have suspended or banned you from using it;
  5. send junk, spam, repetitive messages or communicate in an offensive or sexually explicit manner towards anyone;
  6. discriminate, harass or abuse of any kind another person. This include, but is not limited to, writing negative or offensive comments on gender, race, ethnicity, background, religion, sexual orientation or disability;
  7. manipulate the price of any item or interfere with any other user’s listings;
  8. collect information about users, such as e-mail addresses, without their consent;
  9. breach or circumvent any laws, third-party rights or our policies;
  10. steal other users’ listings or photos and pretend they’re your own;
  11. fail to pay for items purchased by you, unless the seller has materially changed the item’s description after you bid or you cannot contact the seller;
  12. fail to deliver items sold by you, unless the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;

Misuse of STIKKLING's Terms of Use

Failure to comply with the rules and requirements described in section 6 and throughout these Terms of Use form a serious breach of these Terms of Use, and may result in all or any of the following actions (with or without notice, and entirely at our discretion):

  1. immediate, temporary or permanent withdrawal of your right to use our Service or parts of our Services;
  2. immediate, temporary or permanent removal of any User Content (including the removal of Sale Items listed on the Services);
  3. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  4. stop bidding processes, remove listings or content on the site or that belongs to an account;
  5. we can also do this temporarily if we suspect a breach of use, fraud or during investigation;
  6. we may investigate any suspected breach of the Terms of Use. During such an investigation we may temporarily withdraw your right to use our Service or remove your content (including the removal of Sale Items listed on the Service) without providing you notice.

International Buying and Selling

It is lawful to sell certain products to other countries. Sellers and buyers are responsible for getting knowledgeable with all laws and regulations applicable to the international sale, purchase, and shipment of items, before making a purchase of a Sale item. STIKKLING may guide you with information regarding these matters but takes no responsibility.

Shipping

  1. The seller is responsible for the shipment of the Sales Item to the buyer.
  2. The items that are stated as prohibited items to sell on STIKKLING are also prohibited to ship through STIKKLING's shipment Services.
  3. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. If you run a company selling plants, plant passports have to follow with the plant material. From 14 December 2019, all plants (including living parts of plants) will need to be accompanied by a phytosanitary certificate to enter into the EU from outside of the EU and the shipments going outside of the EU.

Content

STIKKLING will have the right, but not the obligation, to use for commercial purposes all content that you provide to us or make available to us by using the Services, for example when listing or offering, buying and/or selling items or Services. In these Terms of Use, ”content” refers to all information including, but not limited to, photographs, images, texts, words, videos, data, concepts, ideas, technology, databases and trademarks.

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

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

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

Platform commission

  1. In respect of any Sale Transaction, the seller of the corresponding Sale Item will pay STIKKLING a commission on the Sale Item price (VAT included). The commission will be deducted from the seller’s Stripe account after successful realisation of the Sale Transaction.
  2. The commission is inclusive of VAT or other sales taxes (if applicable).
  3. Stripe will provide the seller of the Sale Item with transactional information through the Stripe dashboard on their website.
  4. Stripe may charge you an additional fee for using their service. This fee will also be deducted from the transaction price.

Details of the platform commission and stripe fee are available here.

Warranties and disclaimers

  1. STIKKLING does not manufacture, store, or inspect any of the items that are sold through our Services. The items in our marketplaces are produced, listed, and sold directly by independent sellers, so STIKKLING cannot and does not make any warranties about their quality, safety, or legality. STIKKLING cannot be held responsible for any claims related to items sold through our Services, including defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
  2. You may come across content that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. STIKKLING is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
  3. You can use our Services to interact with others, either online or in person. However, we do not screen users of our Services, and we cannot be held responsible for any liability relating to your interaction with other users.
  4. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Instagram and Pinterest). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. STIKKLING is not a party in those agreements.

Changes to the Service

  1. We are constantly updating and improving the Services to try and find ways to provide you with new and innovative features and Services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Services.
  2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Services, or feature relating to the Service “changes to the Services”. These changes to the Services may affect your past activities on the Services, features that you use and your User Content “Service Elements”. Any changes to the Services could involve Service Elements being deleted or reset.
  3. You agree that a key characteristic of our Services is that changes to the Services will take place over time and this is an important basis on which we grant you access to the Services. Once we have made changes to the Services, your continued use of the Services will show that you have accepted any changes to the Services. You are always free to stop using the Services or deactivate your Account by contacting us at help@stikkling.com from the email address linked to your account.

Changes to the Terms of Service

  1. We may revise these Terms of Service from time to time. Any changes will take effect after 3 days of sending out an email notifying you of Terms of Service changes or at the time of publication of the revised Terms of Service. Your continued use of the Services shall constitute acceptance of such revised Terms of Service.
  2. Changes to the Terms of Service may be made because of (but are not exclusive to) new features being added to the Services, changes in the law or Clarification regarding STIKKLING’s position regarding events and developments.
  3. We will try, whenever possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Services (for example by asking you to accept the changes before you continue to use the Services) or via a separate email.
  4. Sometimes changes to the Terms of Use will have to be made on short notice. In such a case, we may not be able to notify you in a timely manner or at all.

Resolving disputes

  1. If you have a dispute with us relating to the Services, please contact us at support@stikkling.com and attempt to resolve the dispute with us informally.
  2. If you have a dispute with another user or transactional part, we advise you to contact them first hand to resolve the dispute. STIKKLING is not responsible for disputes but may help guide users to reach a resolution.
  3. In case a purchase/sale has been made outside STIKKLING (which counts as a breach of our Terms of Use) we will not attempt to solve any disputes.

Contact, feedback and complaints

  1. If you need to contact us in relation to these Terms of Use or any other document mentioned in them, please email us at support@stikkling.com with the subject line 'Terms of Use'.

  2. In case you suspect or find a breach of the Terms of Use by another user or by us as provider of the Site and Service we highly encourage you to communicate this to us by sending an e-mail to support@stikkling.com with “Potential breach of the Terms of Use” as subject line and the following information:

  • Your name and contact details,
  • A statement explaining in sufficient detail why you consider that the content available through our Services violates your rights or fails to comply with our Terms of Use and,
  • A statement explaining how we can identify the problematic content accompanied by a link to said content.

We will then take the appropriate actions depending on the nature of the violation notice and will aim to respond to you as soon as possible on the actions we propose to take.

  1. We value hearing from our users and continuously look for ways to improve our Services. By providing feedback you agree to give up any rights concerning said feedback so that we may use and allow others to use it without any restriction and without obligations to you.

Stikkling AB org. nr 559276-3758

Post address: STIKKLING AB c/o Lawline AB, Oxenstiernsgatan 25, 115 27, 112 21 Stockholm, Stockholms län

Visitor address: Oxenstiernsgatan 25, 115 27, Stockholms län

Contact:

hello@stikkling.com

+46707252304

Policy last updated:

Last updated: 2022-03-17

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