Terms of business

Stockholm, 1st October 2019.

Introduction

This User Agreement and other terms and instructions available at Clokka Sweden AB, 559193-0853, Döblensgatan 79, 113 52 Stockholm ("Clokka") website https://www.clokka.com contain the terms and requirements that apply to users of Clokka services no matter where they are consumed (i.e. on websites, through physical services, via applications and other tools both via Clokka and its partners). By using the services* as a visitor, buyer or seller, you are a user. By being a user, you agree to this User Agreement regardless of whether you have read it thoroughly, or not.

*One of the partners’ of Clokka


Generally

Clokka is a digital marketplace that enables users to market, sell, evaluate and buy exclusive, used watches, or other products exposed at each time on the platform. The platform strives to take advantage of the users' interests by offering product transactions in a safe and reliable environment. Clokka users enter as a counterparty on behalf of another according to the Act on Trade in Commission. This means that Clokka is a counterparty to both the buyer and the seller and undertakes to expose the product on the platform to the seller. The platform proposes a price range on products to be marketed on the platform. The user, in this case a seller, then selects an acceptance price within the proposed price range at the time of the upload of the product on the platform. All products marketed on the platform must undergo a verification of its authenticity before the product is marketed on the platform. The verification is done either digitally or physically by a reseller of the product.

After a buyer of a product has made the payment via Clokka, the seller (receives a confirmation over email) and then sends the product to a Clokka partner for authentication. The seller undertakes the obligation to deliver the product which has been presented on the platform. After the product has been reviewed and approved by a Clokka partner, it is sent to the buyer with a guarantee from Clokka about the products authenticity. The buyer may also collect the product from the Clokka partner if this is the preferred method of delivery. Clokka will only release the payment to the seller after the product has been reviewed by one of Clokka's partners. If it later turns out that the seller has misrepresented the exposure of the product on the platform, intentionally or through negligence, Clokka has the right, without notice, to make damage claims against this negligent seller, whereby Clokka shall be placed in the same situation as if no negligence has occurred from the seller's side.

Service

Clokka makes no guarantees regarding the function or availability of services. Services may from time to time be wholly or partly inaccessible, or may not function satisfactorily due to planned or unplanned maintenance, personnel causes, operational disturbances or other circumstances within and beyond Clokka's control. Clokka is not liable for any damages that may occur because the user does not have access to the service. Clokka reserves the right to update, revise, or temporarily or permanently cease providing the service. Clokka has the right to decline users from using services. A user who has been disconnected from the services is not entitled to re-register or use the services via another user's login. 
When you as a user use, or have access to the services, you must obey by the following:

1) Be truthful about who you are, and that you do not claim to be someone else in accordance with the Law on Forgery (cc. 1962: 700).

2) Be truthful regarding all the information that you specify on the exposure of a product on the platform.
3) Do not market anything that you do not have the right to sell, either because you do not own the product, or have the right to dispose of the product or if you are not sure that the product has been acquired legally according to the Law on Receiving (cc. 2016: 508).
4) Do not upload pictures on anything other than the product to be sold. The pictures of the product being uploaded must be taken at the time of the upload.

5) Do not use the services if you do not have the right or the ability to enter into binding agreements.

6) Do not use the services if you have previously been disconnected from the platform.

7) Do not allow, directly or indirectly, another person to use your user panel to purchase, sell or verify a product.

8) Do not use automated methods such as scraping, robots or spiders to access the services.

9) You should not circumvent the Clokka's and the platform's protection against automated methods, hinder or interfere with the functioning of the services, or place an unreasonably large load on Clokka's infrastructure through attempts at DDoS attacks or the like.

10) Do not attempt to distribute or publish viruses or other technologies that may damage Clokka platform, or users.

11) Do not attempt to export any of Clokka's services to third parties without Clokka's written consent.

12) Do not copy information about products from the platform and share it with another party, without informing the third party that the source is Clokka.
Clokka provides the services to you as soon as you have approved this User Agreement, which you do by using the platform. You do not have the right to undo this User Agreement according to the Distance and Home Sales Act (cc. 2005:59). Clokka reserves the right to close user accounts which in some way, according to Clokka, violate the rules and policies that, according to Clokka, apply to users and the platform. In case it is suspected that a crime was committed during the use of the services, Clokka is allowed to take legal action against the user, or users, who committed the suspect offence.

Registration

Users register completing the registration form available on the platform. The user must provide correct and complete personal and contact information and is responsible for keeping the information updated. If a company is registered as a user, the registration must be made by a natural person who is entitled to bind the company to the Terms of Use, and this person must also be stated as the contact person for the company in question. People under the age of 18 are not entitled to register on the platform. Users are only entitled to use the service by using their own login name and password, and users do not have the right to lend or sell the login name or password for the platform to a third party. The password must be changed immediately by the user if there is reason to suspect that the login information has been distributed to unauthorised persons or otherwise has or may be misused.

Personal data



Clokka Users are given in connection with this User Agreement being entered into the right to use the personal data that are registered or collected via the Platform for market and customer analyses and statistics as well as for their own and other's marketing, such as targeted advertising, administrative messages, product offers, newsletters, etc, according to law. In addition, the user's personal information can be used to send important information to the User, for example. regarding changes to fees or updating of price list, terms of sale or the Terms of Use and to contact and provide information to Users who are specially adapted for their interests. The personal data may be updated and supplemented by collecting data from private and public records. Personal data may be disclosed or sold to companies for which the Group cooperates or only sells the information. Anyone wishing to receive information or request rectification of their personal data processed by Clokka; must first change these information on the Platform and if this does not, send a written request to this to Clokka.

Terms of sale or Terms of Use and to contact and provide information to Users who are specifically tailored to their interests. The personal data may be updated and supplemented by collecting data from private and public records. Personal data may be disclosed or sold to companies for which the Group cooperates or only sells the information. Anyone wishing to receive information or request rectification of their personal data processed by Clokka; must first change this information on the Platform and if this does not, send a written request to this to Clokka. Terms of sale or Terms of Use and to contact and provide information to Users who are specifically tailored to their interests.

‍The personal data may be updated and supplemented by collecting data from private and public records. Personal data may be disclosed or sold to companies for which the Group cooperates or only sells the information. Anyone wishing to delete or request a rectification of their personal data processed by Clokka; must first change these information on the Platform and if this does not, send a written request to this to Clokka. Personal data may be disclosed or sold to companies for which the Group cooperates or only sells the information. Anyone wishing to receive information or request rectification of their personal data processed by Clokka; must first change this information on the Platform and if this does not, send a written request to this to Clokka. Personal data may be disclosed or sold to companies for which the Group cooperates or only sells the information. Anyone wishing to receive information or request rectification of their personal data processed by Clokka; must first change these information on the Platform and if this does not, send a written request to this to Clokka.

Clokka Users comply with the provisions of the Swedish Personal Data Act (1998: 204). Collected Personal Information for Users is used to provide, administer and control the Service, the Users 'use of the Service, administer the parties' contractual relationship and fulfilment of Clokka's obligations related to the Service and obligations under law.

Cookies

The platform uses cookies according to the Electronic Communications Act, July 25, 2003. A cookie is a small text file that is stored on the user's computer and which contains information to help Clokka identify and follow users. Cookies are available as session cookies and as cookies stored on the user's computer. At the user's first visit to https://clokka.com and the platform, the browser is assigned a session cookie which is unique and which is used not to confuse the various Users. In order to use the Platform, you allow cookies through this User Agreement. There are different types of cookies, partly those that are only used to give the user a better experience and support, and partly those that are used to register as a User and have control over the User's use of the Platform including customer information.

Buy/Sell

A user who buys or sells a product through the platform must follow the instructions found at https://clokka.com and follow this User Agreement. These instructions and this User Agreement may be changed or updated from time to time, and are then applicable to all users irrespective of whether a user has taken note of the change or not.

Product verification

After a Clokka partner receives a sold product, the review process of the product is filmed and the information is stored by Clokka. This is done to ensure the condition of the product, and once again verify that the product sent was the one that was verified by a Clokka partner. In a case where the product is not in a state as described on the platform, according to Clokka, the buyer will be contacted by Clokka. The buyer then has the right to cancel the purchase, or submit a counter-offer to the seller of the product. A counter-offer is conveyed to the seller of the product by Clokka, for which Clokka charges an administrative charge of 500 SEK. If the buyer cancels the purchase, the seller receives the product in return, and Clokka charges the seller for the work that Clokka has conducted due to the incorrect presentation of the product on the platform. The seller can either change the presentation of the product on the platform if applicable, or completely refrain from a new exposure of the product. In cases where the product that has been sent to a Clokka partner has been manifestly incorrectly presented, according to Clokka, or presented in a manner that may appear fraudulent, or if it is suspected that the product is a forgery or stolen, the user may be denied further access to the platform and reported to the police.

Payment

A full payment must be done by the buyer of a product via the platform in connection with the purchase. A receipt for the payment is received electronically in connection with the payment through the platform, and therefore, the user has to make sure that the registered email address is correct. Clokka currently offers a payment solution through Klarna checkout. When the user has chosen one of the payment methods offered on the platform, the user enter into a separate agreement with the chosen payment solution provider, and not with Clokka. The user must approve the terms and conditions that apply to the payment method and the payment provider that the user has chosen for the purchase of a product via the platform. Clokka disclaims all liability in connection with this transaction. If questions arise regarding payment, they must be handled by the user and the payment solution provider in accordance with the conditions that apply to the service chosen by the user.  Clokka is not responsible for delays, errors, damages or anything else that has to do with payment or non-payment of products that are bought or sold via the platform.

Commissions and fees

Before a seller can post a product on the platform, the user must, in addition to registering all the information requested regarding registration on the platform and regarding the product, if business the user must select between business basic or business pro membership subscription fee.This fee covers the cost of the product's packaging, shipping and insurance. In case of a completed sale of a product, the seller receives a payment of an amount equivalent to the price that was accepted for selling the product, with a deduction for a commission. The size of the commission may vary from time to time, however, with the reservation that the commission is not changed on an already exposed product. Information about current commissions is available at https://clokka.com. The commission fee is deducted from the final sale price before being paid to the seller.

Delivery

Clokka always uses a contractor approved for this purpose, and approved by Clokka for all shipments of products. The item must accompany all parts that belong to the product, such as the sales item itself, any box or other packaging and certificate of the product.

Clokka has through this User Agreement been given an unrestricted authorisation to act in both the seller's and the buyer's place in the review process of the product, and if no defects have been established by a Clokka partner, the buyer undertakes to receive the product. The seller of the product books and orders the collection of the product through the user panel on the platform.
 
If the packaging and / or instructions have been lost after the product is uploaded, it is the seller's responsibility to contact Clokka and order new packaging and / or instructions. If this happens, Clokka will charge the seller a fee and actual costs for this handling and for new packaging and / or instructions. The buyer receives, in connection with the purchase of a product, shipment number and the delivery time of the product is notified via e-mail to the buyer. If the buyer has not been available to receive the transport of the Product, two new delivery attempts will be made. If the shipment company is believed to have been unable to deliver these two new attempts to the buyer, the shipment will be sent back to Clokka and a new delivery of the product will commence at the buyer's expense. The costs for further delivery attempts are charged to the buyer according to the applicable transport price list and the subsequent fee.

The product is considered delivered to the buyer by Clokka when the carrier of the product has received acknowledgment of delivery at the buyer's address, whereby Clokka thus has the right to release the payment for the product to the seller. 

As soon as payment for the Product is valued at Clokka, the seller is contacted to order the collection of the product. Pick-up of the product must take place no later than two working days after it is booked. The examination at Clokka takes one to two days off without any doubt that there are no question marks about the item or the product. If so, adequate users will be contacted by Clokka as soon as possible. Clokka's ambition is to deliver the product in as many cases as possible within seven week-free weekdays. However, Clokka reserves the right to delay delays outside Clokka's control as Clokka operates a marketplace and cannot guarantee the freight forwarders' delivery times of products. If the delivery time of the product for any reason is expected to be longer than seven weekdays, Clokka will notify the buyer when the delivery is expected to take place. Delayed delivery that is not due to the buyer of the product does not entitle the buyer to cancel the purchase if the delay does not exceed fourteen weekend days.

Delivery time

As soon as payment for the Product is valued at Clokka, the seller who has two week-free weekdays is contacted to order the collection of the Product. Pick-up of the product must take place no later than two working days after booked pick-up. The product is then sent to Clokka for review. The examination at Clokka takes one to two days off without any doubt that there are no question marks about the item or the product. If so, adequate users will be contacted by Clokka as soon as possible. When the Product is reviewed by Clokka, it is forwarded to the buyer and delivery takes place as soon as the freight forwarder can and often within one to two holiday days. Clokka's ambition is to deliver the product in as many cases as possible within seven week-free weekdays. However, Clokka reserves the right to delay delays outside Clokka's control as Clokka operates a marketplace and cannot guarantee the freight forwarders' delivery times of Products. If the delivery time of the Product for any reason is expected to be longer than seven holiday days, Clokka will notify the buyer when delivery will take place. Delayed delivery that is not due to the buyer of the Product does not entitle the buyer to cancel the purchase if the delay does not exceed fourteen weekend days.

Insurance

All shipments of products are insured to the full agreed sales price of the product.This freight insurance is included in the sales price for the product.

Returns

When a user makes a purchase via Clokka, the user has approved that the product and Clokka's service does not apply to fourteen days of withdrawal right. The buyer renounces his right of withdrawal because the buyer, through a payment of the product, requests that the service provided by Clokka will be started immediately after the buyer has paid for both the service and the product. This means that the buyer accepts that the right of withdrawal ceases when the service is completed through the payment.

Force majeure

If Clokka or Clokka's subcontractor is prevented or delayed from fulfilling its obligations under the terms listed above due to force majeure event, Clokka shall be exempt from liability and other sanctions. As soon as the obstacle has ceased, Clokka's user shall, as far as possible, fulfill the obligation in an agreed manner. As a force majeure event implicates an unforeseen circumstance that lies outside of Clokka's control (i.e. natural disaster, fire, flood, war, newly arrived or amended legislation, government action or labor conflict, technical faults, personnel shortage or weather problems) the buyer is entitled to cancel a purchase of a product if the product has not been delivered within three (3) months due to force majeure event. Furthermore, the seller accepts to recover the product in its existing condition and without additional compensation if the product cannot be delivered to the buyer due to force majeure.

Period of validity

These conditions apply to users and their use of the platform as soon as the user has registered on the platform. Clokka has the right to change these Terms of Use, including prices and fees as stated in the platform from time to time, and without prior notification or indication of reasons to the user.

Dispute

Any disputes arising in connection with the interpretation of this User Agreement, or regarding the products and the platform, shall be settled in accordance with Swedish law and at the general court in Sweden with the Stockholm District Court as the first instance.