Article 1: Our other applicable policies
- Seller Terms. If you submit items for auctions on our Online Marketplace, specific rules for Sellers apply. Read them here.
- Buyer Terms. If you purchase items on our Online Marketplace, specific rules for Buyers apply. Read them here.
- Policies. To keep our Online Marketplace safe and reliable, we have several policies in place which apply to every use of our Online Marketplace (e.g. our Feedback Policy, EU Right of Withdrawal Policy and Professional Seller Policy). You can find our policies here.
Article 3: Your privacy
- To enable our Users to invoke their rights and fulfil their obligations under a Contract of Sale, we provide such Users with the necessary personal data (e.g. name, email address, phone number and delivery address) of other Users, as we have been provided with by such other Users. For example, a Seller needs this information to be able to ship a item to a Buyer. Usuals cannot guarantee or be held liable for the trueness and accuracy of the personal data provided by a User, which we share with another User or third party (e.g. shipment provider) in light of a Contract of Sale.
- Both Usuals and the User receiving personal data are considered separate and independent data controllers of the personal data under applicable data protection laws and regulations. If Usuals is sued, fined, or (otherwise) incurs damages as a result of any shortcomings that can be attributed to that User, the User agrees to indemnify and hold Usuals harmless for such claims, fines and/or damages.
- If you receive another User’s personal data you guarantee that you will only process such personal data to perform your obligations or to remedy any issues under or arising from the Contract of Sale. You will process this personal data in accordance with applicable (data protection) laws and regulations. Without permission from the User in question, you may not use any personal data for (other) commercial purposes, for instance for sending unsolicited communications or otherwise approaching the User for such purposes.
Article 4: Our Services
Usuals offers an Online Marketplace where you can bid on, buy, and sell special objects (‘items’) via our online, automated auctions (‘Online Auctions’). We consider everyone who uses our Online Marketplace a ‘User’ (or ‘you’). Users who purchase items are called ‘Buyers’ and Users who (intend to) sell items are called ‘Sellers’. Your use of any Service on our Online Marketplace means that you explicitly consent to Usuals providing Services to both the Buyer and the Seller. Please note the following:
- We make use of Third-Party Service Providers. To provide you with the best user experience, we may make use or recommend you to make use of (supplementary) services of third-party service providers, such as payment service providers or shipment providers (‘Third-Party Service Providers’). Our Online Marketplace may contain links to websites of such Third-Party Service Providers. Your use of their products, services, applications, or websites may be governed by and subject to the terms and conditions and privacy policies of the relevant Third-Party Service Provider.
Article 5: Your Usuals account
Before being able to use our Services, you will need to create a Usuals account (‘Account’). In principle, and to the extent permitted by applicable law, including any economic sanctions laws and regulations applicable to Usuals, anyone may register with Usuals. However, if you are not of legal age or in any other way legally incompetent to act, you must get permission from your legal guardian(s). Below you can find the rules related to the use of your Account:
- Protect your Account. You must keep your username and password combination secret at all times. You alone are responsible for any activity related to your Account. We are entitled to assume that only you can sign in using your username and password.
- Restrictions to your Account. To keep our Online Marketplace safe and reliable, we reserve the right (i) to deny you the ability to create or delete an Account, (ii) to restrict or limit the use of your Account, (iii) to terminate your Account, and (iv) to terminate your right to access your Account.
- Restrictions to Accounts related to you. In addition to the above, we may also suspend, restrict, or terminate your use of our Online Marketplace via any and all other Accounts that are used by you, related to you or used under your instructions (‘Related Accounts’). We may assume an Account is a Related Account if we can manually or automatically match enough overlapping data points between different Accounts. Consequently, we may take any of the protective measures listed in the Seller Terms and/or Buyer Terms against all Related Accounts. In the event you do not agree with our findings, you will bear the burden of proof that the relevant Accounts are not Related Accounts.
Article 6: Auction rules
- Every bid is binding. Every bid submitted in our Online Auctions via the automated procedure(s) provided for by us (‘Bid’) is binding and any Bids made from your Account will be deemed to have been made by you, even if the Bid is placed by someone else who uses your Account.
- We do not allow shill bidding. Shill bidding is when someone bids on an item to artificially increase its price, desirability, or search standing. Shill bidding can happen regardless of whether the bidder knows the Seller. However, when someone bidding on an item knows the Seller, they might have information about the Seller’s item that other Buyers aren’t aware of. This could create an unfair advantage, or cause another Buyer to pay more than they should. We want to maintain a fair Online Auction for all our Users, and as such, shill bidding is prohibited on Usuals. This includes but is not limited to bidding on your own items and/or the items of someone related to you. You are also not allowed to have someone related to you bid on your items or to instruct someone to bid on your items.
- We do not allow out-of-platform deals.Our users are prohibited from activities that avoid Usuals fees, intentionally or not. This includes:
- Making offers to buy or sell outside of Usuals;
- Linking or promoting sites, items, or catalogs that can be used to order items outside of Usuals;
- Requiring a Buyer to make additional purchases or to agree to terms outside of the listing;
- Canceling contracts or not performing after a closed auction because the desired price has not been met;
- Charging excessive shipping and additional fees not already included in the price of the item, or passing Seller fees on to the Buyer; and
- Falsely canceling orders using “Buyer hasn’t paid” as a reason, or refusing payment at the end of a successful transaction.
- The Online Auctions end when the set time runs out. If a Bid is placed during the last minute of an Online Auction, extra time will be added to the auction.
- We may require certain forms of security before accepting your Bid. You may be requested to provide an extra bidder guarantee before you are able to bid on a item, such as by providing your credit or debit card information so that your Bid may be properly confirmed or provide proof of payment security in another way.
- We may terminate your participation in an Online Auction. We are entitled to temporarily suspend or permanently disable the possibility for you to bid on specific items or in specific Online Auctions at any time (before, during, and after an Online Auction).
- We may remove a Bid from an Online Auction. We are entitled, at our own discretion, to remove a Bid from an Online Auction if we deem this necessary, such as in the event of possible abuse or fraud or in the event of a mistake.
- We may remove a item from an Online Auction. We are entitled, at our own discretion, to remove a item from a scheduled or active Online Auction if we deem this necessary. If we remove a item, all placed Bids will be removed as well.
- We may extend Online Auctions/items. In exceptional circumstances, but at our own discretion, we may extend an Online Auction or a item so that the auction will end on another day or time.
- We may, in exceptional circumstances, dissolve a Contract of Sale. In exceptional circumstances, including but not limited to force majeure, situations of (suspected) fraud or illegal activity, errors in or outages of our Online Marketplace or situations in which there is a risk of serious adverse consequences for Usuals or any of our Users, Usuals has the right to dissolve a Contract of Sale (‘ontbinding’), such without any (notice of ) default or other condition of formality being required. You irrevocably agree that Usuals has this (third party) right under the Contract of Sale and that this right can be invoked against you. In addition, you hereby grant Usuals an irrevocable power of attorney to invoke this right.
Article 7: Use of our Online Marketplace
- Our Services may not be available to Users residing in certain countries. This includes countries that are not supported by our third party payment providers, embargoed or sanctioned countries or countries with markets that are not commercially viable to Usuals. We are entitled to restrict you from creating an Account, and from bidding or selling on our Online Marketplace if you reside in a non-supported country. If you reside in a country that is added to the non-supported country list and you have already created an Account, we will inform you about this and we may, at our own discretion, restrict our Services to that relevant Account or terminate that Account. You can find a list of supported seller countries here and supported buyer countries here.
- Your Account is your responsibility and you use our Online Marketplace at your own risk. The same applies to your use of technical means, such as a computer or another device and an internet connection, when using our Online Marketplace.
- In using our Online Marketplace, you are obliged to comply with all applicable national, EU, and international laws and binding regulations regarding bidding on, offering for sale, purchasing and selling items via our Online Marketplace.
- You may not and you guarantee that you nor any person acting on your behalf is (i) designated by the United States as a Specially Designated National or Blocked Person (SDN), (ii) otherwise subject to economic sanctions regulations or other laws issued by the United States that would prohibit or restrict your using our Online Marketplace, (iii) designated under any of the economic sanctions regulations issued by the UK, the EU or any of its Member States, (iv) owned or controlled by any person(s) referred to under (i) and/or (ii) and/or (iii) (individually or in combination), or (v) otherwise subject to any economic sanctions applicable to Usuals (collectively: a ‘Restricted Party’) and that you are not acting on behalf, or for the benefit of, any Restricted Party.
- You agree not to perform any actions that may put an unreasonable and/or disproportionate strain on the infrastructure of our Online Marketplace and/or that may hinder the functionality of our Online Marketplace. You agree not to reverse engineer, try to obtain the source code, use viruses, Trojan horses, worms, bots, or other software or technical tools that can damage our Online Marketplace, make our Online Marketplace inaccessible, or circumvent technical protective measures.
Your Consent and Use of our Website
We may from time to time change or modify the terms and conditions that govern your use of our Website, Services and this Agreement. Your use of our Website and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We may terminate your right to and deny you access to this Website, or remove any material you may have posted at our Website if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, Framed Media undertakes no obligation to police, supervise, or monitor materials posted to this Website by you or other third parties.
Use of this Website is limited to persons over the age of eighteen (18) who are residents of India. This Website is not directed to persons under 18 years old. The policy of Framed Media, as the operator of this Website, is NOT to knowingly collect any personal information from persons under 18, including “individually identifiable information, as defined by the Childrens Online Privacy Protection Act (COPPA). If you are under 18, you should leave our Website without providing any information about yourself. Any access to or use of this Website or Services by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using our Website and/or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of our Website, Services and this Agreement. By using our Website and Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
PROHIBITED USES. Framed Media imposes certain restrictions on your permissible use of our Website. You are prohibited from violating or attempting to violate any security features of our Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of our Website, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Website, overloading, “flooding, “spamming, “mail bombing or “crashing; (d) using our Website to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or post using our Website; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Framed Media in providing our Website. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use “bots, spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of our Website and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to our Website. You may not data mine our Website or in any way cause harm to our Website.
Article 8: Your User Material
When using our Online Marketplace, you can upload certain material, such as descriptions of items, photographs of your items, videos, certifications of authenticity, specifications, opinions, messages, offers, and/or announcements (‘User Material’). The following rules apply for any User Material you upload:
- You understand and accept that you are responsible and liable for all User Material you place on our Online Marketplace.
- You acknowledge and agree that the User Material you upload or place on our Online Marketplace:
- Is not misleading, inappropriate, or false;
- Is not discriminatory and/or derogatory in any way or otherwise offensive, does not call for violence against and/or the harassment of another person or other people and, in our opinion, is not in conflict with public morality or good taste, is not violent, does not contain a link to pornographic material or pornographic websites, and does not promote committing illegal activities;
- Does not consist of chain letters, junk mail, or spam and does not contain links to websites, commercial or otherwise;
- Cannot have a negative effect on the reputation or good name of Usuals and our affiliated companies and/or our employees;
- In case such User Material contains personal data, the uploading or placing of User Material is in compliance with the applicable privacy laws.
- By placing User Material on our Online Marketplace, you grant us a free, unencumbered, global, non-exclusive, perpetual, and irrevocable licence to communicate your User Material to the public and/or to reproduce it for all purposes we deem necessary (including promotional purposes). You will retain all intellectual property rights to your User Material.
- This licence allows us to promote your items and promote our Online Marketplace in any format and through any channel both on- and offline. Under this licence, we can translate your User Material and promote it on our homepage or in any other promotional material (including social media), with the goal of promoting your item and/or our Online Marketplace. That is also why the licence does not end when your Account is deleted or you decide to stop using our Online Marketplace. You also agree not to assert any moral rights against us for using your User Material.
- We are entitled to have the User Material of a particular item translated (including through machine translation) so that items can be offered to Users in multiple countries. We may, at our own discretion and in exceptional circumstances, adjust the item description, remove the item from auction, dissolve a Contract of Sale or cancel a transaction. Cancellation of the transaction means that the facilitating role of Usuals in the conclusion and/or performance of the Contract of Sale comes to an immediate and irrevocable end. Such circumstances include incorrect item descriptions and translation errors.
- We are entitled to remove or change User Material from our Online Marketplace, without any liability for any damage and without being obliged to pay any compensation to any party.
- If you think that certain User Material is unlawful, we kindly ask you to report this to us. You can find more information on how to notify us here. We are only obliged to remove unmistakably unlawful User Material after receipt of a notice. We may refuse a request to block, remove User Material, or discontinue an activity if we have concerns about the validity of the notice or the legitimacy of the evidence submitted.
Article 9: Termination, suspension, and other measures
- Termination by you. You may terminate your Account at any time. We have the right to refuse deletion of your Account if you still need to perform certain obligations (such as payment or delivery obligations) towards Usuals or other Users or if there is a chance any complaints related to recently sold items may still arise.
- We may take additional protective measures. In addition to the above, we may take other measures to protect our Online Marketplace and other Users from infringing, fraudulent, or otherwise inappropriate behavior, or to comply with any applicable laws, including any economic sanctions laws and regulations applicable to Usuals. The Seller Terms and/or Buyer Terms contain the additional measures we may take.
Article 10: Usuals’s Intellectual Property Rights
Article 11: Availability of our Online Marketplace
Usuals is authorised, at all times and without prior notice, to make procedural, technical, commercial, or other changes and/or improvements to our Online Marketplace. We are also authorised to put our Online Marketplace (temporarily) out of operation and/or to limit use of our Online Marketplace if, (a) in our opinion, this is necessary (e.g. in the context of reasonably necessary maintenance to the Online Marketplace); or (b) in case of force majeure, both in case of (a) and (b) without any liability for any damage and without any obligation to pay any (form of) compensation.
Article 12: Warranties and liabilities
- We are dedicated to making our Online Marketplace the best we can, but you understand that our Services are provided ‘as is’ and without any kind of warranty (express or implied).
- We do not guarantee that (i) the Online Marketplace will be secure or available at any particular time or location, (ii) any malfunction or errors will be corrected, (iii) our Online Marketplace will be free of viruses, other harmful materials, or hacking undertakings, or (iv) the results of using our Online Marketplace will meet your expectations.
- If, at any time, our Online Marketplace is unavailable or any malfunctions or errors occur, or in case of force majeure, we are, at our own discretion, entitled to take any measures we deem appropriate or necessary. These measures include but are not limited to: prolonging (items in) Online Auctions, removing items from Online Auctions, cancelling transactions, and dissolving Contracts of Sale on behalf of Users.
- In so far as permitted by applicable law, Usuals will have no liability whatsoever for damages resulting from:
- The provision of our Services, including but not limited to damages resulting from or in connection with your use of our Online Marketplace or from wrongful acts or otherwise;
- The conclusion, performance (this includes the shipment and delivery of items), and/or dissolution of a Contract of Sale by a Buyer or Seller;
- The cancellation of a transaction by Usuals or dissolution of a Contract of Sale by Usuals;
- Our estimates, including estimates of values of items, retail estimates, and/or estimates of revenue that items will generate that we (automatically) provide. We do not and cannot guarantee that these estimates are correct and therefore we cannot be held liable whatsoever in the event that items turn out to be worth more or less than the estimated value or generated revenue;
- Any errors in the text as a result of machine translations;
- User Material (such as photographs and the description of items) that is unlawful or infringes the rights of third parties
- Unlawful use of the Online Marketplace
- Your use of the services of Third Party Service Providers and the acts and omissions of the (services) of Third Party Providers; and
- Unavailability of our Online Marketplace, technical problems or other errors of our Online Marketplace.
- Limitation of liability. If, despite the above, Usuals is liable for any damages for any reason whatsoever, we are only liable for the compensation of direct damages you suffer as a result of non-performance of our obligations to you or wrongful acts against you that can be attributed to us. In any case, we cannot be held liable for indirect or consequential damages, including but not limited to lost income, lost profits, reduced revenues and standstill loss. Direct damages only include actual (financial) loss, reasonable costs incurred to prevent or limit direct damage, and reasonable costs incurred to determine the cause of the damage, the liability and the direct damage. If Usuals is liable for damages for any reason whatsoever, our liability is limited to the highest of the following amounts: (i) the total commission or Auction Fee we’ve received from the User in question in the period of three months prior to the action that led to liability or (ii) Rs. 1000 (one thousand rupees). This limitation of liability also applies to our management, directors, employees, representatives, and legal successors. This does not exclude our liability for gross negligence or wilful misconduct committed by Usuals or for damages resulting from injury to life, body or health.
- Report a claim directed to us in time. You have a legal responsibility to verify correct performance by us and to complain about any faults in the performance of our obligations. You hereby agree to verify correct performance by us and to complain about any malfunction in the performance of our obligations to us in writing within six (6) months after you have received our Services. A malfunction that is not reported to us within this complaints period of six (6) months will be qualified as lapsed and can no longer be invoked against us.
- Limitation period. Any claim against Usuals, including but not limited to claims for damages, claims based on undue payment or claims regarding the performance of our obligations to you will lapse after a period of twelve (12) months. This period of twelve (12) months also applies if we need to pay out or refund you but you have not sent us the required contact, personal, and/or bank information to do so, after we’ve requested it (at least once) by mail or phone. In those situations, the period will start from the moment (i) the claim became due and payable or (ii) the Contract of Sale was dissolved by us on behalf of a User.
Article 13: Indemnification
In the event you have a dispute with one or more users of our website or services (including, but not limited to, any dispute regarding any transaction or user generated content) or any third party website that may be linked to or otherwise interact with our website, including, without limitation, any social media site, you hereby agree to release and forever discharge framed media and its agents, directors, shareholders, officers, employees, distributors, vendors and affiliates (collectively, the “released parties) from any and all rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of our website and/or services, to the fullest extent permitted by law.
You further agree to indemnify, defend and hold harmless, to the fullest extent permitted by law, released parties from and against all claims, demands, liabilities, losses, expenses, damages and costs, including reasonable attorneys fees, resulting from, arising out of or in connection with your use, unlawful use or other misuse, or inability to use our website or services, your breach of this agreement, or otherwise relating to the business we conduct on our website (including, without limitation, any potential or actual communication, transaction or dispute between you and any other third party), any content posted by you or on your behalf to our website, any use of any service provided by a third party provider, or any use of a service offered by us that interacts with a third party website, including any social media site. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not settle any matter without our written consent. This section survives termination of this agreement.
Article 14: Disputes with other Users
We expect Users to resolve any disputes between themselves. Usuals will render reasonable efforts to mediate between the Seller and the Buyer.
- Even with our support, it is possible that disputes may not reach a satisfactory conclusion. You agree that in that case, we can decide, at our sole discretion, to either refund the Buyer or pay the Seller. We will base our decision on all relevant information available and take into account any possible agreements made between Buyer and Seller. Our decision has no effect on the validity of the Contract of Sale or your rights thereunder. Despite the decision we reach, the Buyer and Seller are free to invoke their rights under a Contract of Sale or discuss their claims related to a Contract of Sale amongst themselves. We cannot be held liable to pay any damages or other compensation to the Buyer or the Seller in connection with our decisions made in an effort to resolve disputes between Users.
- Usuals reserves the right not to refund the Auction Fee and/or the Seller Commission if Users decide to dissolve the Contract of Sale amongst each other and without the involvement of Usuals.
- All Contracts of Sale between Sellers and Buyers are exclusively governed by Dutch law. However, you acknowledge that international private law may result in additional (overriding) laws other than Dutch law being applicable to the Contract of Sale entered into by Users.
Article 15: Disputes with Usuals
If you’re unhappy with our Services, let us know and we will try to resolve your issue. If we can’t find a solution, the following rules will govern any (legal) dispute between you and Usuals:
- All disputes that arise between you and Usuals will be submitted to the competent court in the district of Amsterdam, unless mandatory law stipulates that the dispute must be submitted to another court. With regard to consumers, disputes must be submitted to the competent court in the district of Amsterdam, unless the consumer chooses a court that is competent according to law within one month after Usuals has invoked this provision in writing.
- Even though we would like to solve any issues ourselves, we want you to know that you can also submit a complaint to an authority for extrajudicial dispute resolution.
Article 17: Severability
Article 18: Contact us
C-809, KLJ Noida One,
Sector 62, Noida,
Uttar Pradesh, India