Terms and Conditions

Last revision: 03.09.2021.

 

These Terms and Conditions (" Terms ") and the documents referred to in them, apply to your use of this website located at the address https://stufful.com and/or mobile applications called Stufful available for iOS and Android devices (each known as the " Site "). If you do not agree to these terms you should not access or view the Site.

This Site is operated by Stufful SIA, a company registered in the Register of Enterprises of the Republic of Latvia (" we " " our " " Stufful "). Our registration number is 40203342340.

 

1. OTHER APPLICABLE TERMS

These Terms of use refer to and incorporate the following additional Terms, which also apply to your use of this Site.

1.1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect about you or that you provide to us. By using this Site, you agree to such processing and you warrant that all data provided by you is accurate.

1.2. Our Catalog Rules, which apply to your interactions with this Site, including what you may list on the Site, any content which we may permit you to upload and any contact which you may make with other users of this Site.

1.3. Pricelist, which sets out list of additional for-fee services and indicates applicable pricing and additional terms for using each of these services.

 

2. SERVICES

2.1. We provide an online facility through which individuals can buy, sell, exchange and give-away items and communicate with one another in public and in private (the "Services"). ​

2.2. From time to time Stufful may also make available to the users certain additional-services subject to charges as indicated in the Pricelist that is constantly updated by Stufful.

2.3. You undertake to comply with all applicable laws and regulations in connection with your use of the Services.

 

3. OUR FUNCTION

3.1. Our Site is an online venue for individuals to buy, sell, exchange and give-away items to or with other individuals. We are not a party to any transaction between a buyer and a seller or two individuals who agree to an exchange or a give-away, save for the Services we provide to facilitate transactions. We do not buy, sell or exchange or purport to buy, sell, exchange or give-away any of the items displayed on our Site. The Site hosts third-party content.

3.2. We do not pre-vet any items listed on the Site or any parties who you may deal with on the Site. We shall not be obliged to engage in any dispute between buyers and sellers or parties to an exchange or give-away. You are responsible for vetting the parties that you deal with.

 

4. REQUIREMENTS TO USE THE SERVICES

4.1. To use the Services, you must register with us by completing the registration form after clicking "Sign up" or registering using an acceptable third party service (eg Facebook Connect).

4.2. The Services are not intended for use by children under the age of 18 years old. If you are under 18, a parent or guardian (who is 18 or over) must register to use the Services on your behalf. Your parent or guardian shall be responsible for supervising your use of the Services at all times and ensuring that you comply with these Terms. Stufful shall be entitled to hold your parent or guardian fully responsible and liable for any breach of these Terms by you.

4.3. You undertake to keep up to date all information about you on the Site.

4.4. You warrant that any information you provide to us is true, accurate and complete.

 

5. YOUR ACCOUNT AND PASSWORD

5.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party and you must ensure that you log out from your account at the end of each session.

5.2. You must immediately notify us if you know or suspect that anyone other than you knows your user identification code or password, or that there has been any unauthorised use of your password or account or any other security breach.

5.3. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if we have reasons to suspect there has been a security breach or if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

5.4. Stufful does not allow multiple accounts on its Site. Should Stufful have a reasonably grounded suspicion that a user has created (is using) more than one account on the Site – it may block or delete any of the involved accounts.

5.5. Stufful may request to make certain confirmations with respect to your account for security purposes. Such confirmations among other things may be linking your Facebook, Google or another third party account; confirming your phone number; providing for an ID and/or cardholder proof or any other confirmations that Stufful may introduce in its sole discretion. All data collected as a result of such confirmation will be processed following our Privacy Policy, which is a part of Stufful - user contractual arrangement.

 

6. CONTENT YOU PROVIDE, FEEDBACK AND PRIVATE MESSAGING

6.1. Any content you provide to us or any contact you make with other users, whether privately or publically, must comply with our Catalog Rules.

6.2. You warrant that any such content or contact complies with the Catalog Rules, and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of that warranty.

6.3. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.

6.4. You grant us a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty-free, unconditional, worldwide licence to use, copy, distribute and disclose to third parties any content you provide to us and pictures of listed items.

6.5. Stufful provides for a direct user messaging functionality for the sole purpose of facilitating transactions between the users on the Site. We will not access content of such messages unless one of the involved users grants an access right to Stufful when raising a dispute with our Customer Support. Please note that Stufful may use automatic scanning tools/filters in order to detect and prevent spam and/or fraud and/or any other activity contrary to applicable legal acts on the Site. In such cases Stufful representatives will not access message threads, however, they will cross-check automatic-scanning/filtering results (without accessing messages) in order to determine what preventative action should be taken to ensure security of the platform.

 

7. RULES FOR LISTING ITEM

In respect of all items you offer for sale, exchange or give-away through the Services:

7.1. You must ensure that such items comply with our Catalog Rules. Note that you may not list certain categories of items;

7.2. You must be the legal and beneficial owner of such items and have the right to sell them;

7.3. The sale, exchange, give-away, use or possession of such items must not infringe the rights of any third party (including but not limited to any IP rights held by any third parties); and must not breach any applicable local, national or international law or regulation;

7.4. To list an item you must complete an item placement questionnaire and provide such other information as we may require for all items that you offer for sale, exchange or give-away on the Site in accordance with our Catalog Rules;

7.5. By listing an item you represent and confirm that the item complies with all aspects of the item questionnaire that you submit, including the category in which you list such item and any photograph of the item, and that such item questionnaire is complete. The terms of the item questionnaire that you submit will form the terms on which you offer the item for sale;

7.6. When you submit the item questionnaire the item shall be deemed to be a "Catalogue Item";

7.7. You may amend the terms on which you offer a Catalogue Item for sale at any time before you have entered into a contract to sell, exchange or give-away the relevant item; and

7.8. You may remove a Catalogue Item from the Site at any time before you have entered into a contract to sell, exchange or give-away the relevant item.

 

8. BUYING AND SELLING, EXCHANGING OR GIVING AWAY FOR FREE

8.1. If you are buying or selling a Catalogue Item, giving away a Catalogue Item to another user or exchanging a Catalogue Item with another user you should agree the terms related to such transaction directly with the other user. 

8.2. If you buy or sell a Catalogue Item, give-away a Catalogue Item to another user or exchange a Catalogue Item with another user you should agree the terms for payment and shipping of such Catalogue Item(s) with the other user.

8.3. You are solely responsible for such transaction and we do not provide customer support for these transactions.

 

GENERAL

 

9. REMOVAL, WARNINGS, BLOCKING, SUSPENSION AND TERMINATION

We may at our option, issue warnings, suspend, block or terminate your access to this Site and/or the Services (or any part of them) or remove any content uploaded, including without limitation, any Catalogue Item if:

     a) you are in breach of these Terms;

     b) you act in any manner which we consider may damage our reputation; or

     c) you use the Site or Services in a manner which we consider to be fraudulent or contrary to law.

 

10. ACCESS TO THIS SITE AND ITS SERVICES AND CONTENT

10.1. We do not guarantee that this Site, or any Services or content on it, will always be available or be uninterrupted.

10.2. We reserve the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this Site, or any Services or content on it, and to restrict or prohibit access to it.

 

11. VIRUSES

11.1. We do not guarantee that this Site will be secure or free from bugs or viruses.

11.2. You are responsible for configuring your information technology, computer programmes and platform in order to access this Site. You should use your own virus protection software.

11.3. You must not misuse this Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

11.4. You must not attempt to gain unauthorised access to this Site, the server on which this Site is stored or any server, computer or database connected to this Site.

11.5. You must not attack this Site via a denial-of-service attack or a distributed denial-of service attack.

11.6. By breaching this section, you would commit a criminal offence.

11.7. 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 this Site will cease immediately.

 

12. LIABILITY

12.1. Nothing in these Terms limits or excludes our liability to you for:

     a) death or personal injury caused by our negligence;

     b) fraud or fraudulent misrepresentation; or

     c) any other type of liability which cannot by law be excluded or limited.

12.2. We make no warranties or representations, whether express or implied that this Site, any content and the Services on it:

     a) are accurate, complete, up-to-date or suitable for any purpose; or

     b) are free of error or omission.

12.3. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this Site, any content or the Services on it.

12.4. We provide an online facility to introduce individuals to one another to enable the purchase, sale, exchange and give-away of items between them and to allow them to communicate with one another in public and in private. Buyers, sellers and parties to an exchange or give-away are solely responsible for transactions entered into using the Site.

12.5. We are not responsible for any action or inaction of users of the Site or Services, or content provided by users of the Site including, without limitation:

     a) the descriptions or photos of items, including their accuracy and completeness;

     b) the quality, legality or safety of the items;

     c) the seller's, exchanger's or giver's title to the items; or

     d) any seller's or buyer's right to enter into a sale or the rights of the parties to an exchange or give-away to enter into such transaction.

12.6. You agree to indemnify us for any loss, liability, cost or expense for any third party claim arising from or connected to your misuse of the Site or Services or any use which is in breach of these Terms.

12.7. In respect of any dispute you may have with another user of the Site, you agree to:

     a) waive any claim you may have against us in connection with such dispute; and

     b) indemnify us for any loss or liability we incur as a result of any claim made against us by such user or any other third party as a result of such dispute.

12.8. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or Services, or to your downloading of any content on it, or on any website linked to it.

12.9. We are not responsible for any third party service providers that you integrate into your account. We will not be liable for any loss or damage that may arise from your use of them.

12.10. Stufful, its subsidiaries and affiliated companies accept no liability to you, whether in contract, tort (including negligence) or otherwise, for:

     a) any loss of profits, sales, business, or revenue; 

     b) business interruption; 

     c) loss of anticipated savings; 

     d) loss of business opportunity, goodwill or reputation; or

     e) any direct, special, indirect or consequential damages, or any other damages of whatsoever kind resulting from whatever cause through your use of the Services and our Site.

12.11. We limit our liability under this Agreement, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, to a maximum of:

     a) the purchase price paid or payable for the relevant item in respect of any claim arising in relation to a transaction on this Site; and

     b) 100 EUR in respect of any other claim.

 

13. THIRD PARTY LINKS AND RESOURCES IN THIS SITE

13.1. Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

13.2. We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.​

 

14. PROMOTIONS

14.1. From time to time we may post promotions, competitions, games or prize draws on the Site and special terms and conditions related to the same.

14.2. If there is any conflict between such special terms and conditions and these Terms, the special terms and conditions shall prevail.

 

15. EVENTS BEYOND OUR CONTROL

We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any obligations under these Terms agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations.

 

16. SEVERANCE

If any or any part of the terms contained in these terms shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.

 

17. ENTIRE AGREEMENT

17.1. These Terms and all documents referred to in these Terms constitute the entire agreement between us and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter.

17.2. We and you agree that in entering into these Terms have relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them. Neither us nor you shall have any claim for innocent or negligent misrepresentation based on any statement in these terms or any document referred to in them.

 

18. APPLICABLE LAW

Please note that these Terms, their subject matter and formation, are governed by the laws and regulations of the Republic of Latvia.

 

19. AMENDMENTS TO THESE TERMS

19.1. We may change these Terms from time to time by posting an amended version on this page in the following circumstances:

     a) to reflect changes or expected changes in relevant laws and regulatory requirements;

     b) to reflect any ruling by a court, regulator or any other similar body having authority;

     c) to make these terms clearer or fairer;

     d) to reflect changes and developments in how we operate our business;

     e) to rectify any error which we may discover at a later date; or

     f) to reflect changes in market conditions or standard industry practice.

19.2. We recommend that you check this page from time to time, as your continued use of this Site after these Terms are amended shall mean that you agree to be bound by such changes.

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