1. WELCOME

1.1 Terms. Thank you for visiting Kindora. These terms of use (“Terms”) apply to all access and use of the peer-to-peer online marketplace that allows users to buy or sell pre-owned goods for babies and children (“Items”) located at www.kindora.shop, our website, mobile app, content and other services we offer (together, the “Site”).

1.2 Who we are. The Site is owned and operated by Kitikin Limited trading as Kindora.shop, a company incorporated under the laws of Ireland, with a company registration number 676092 and registered address at 28a Cluny Grove, Killiney, Dublin, Ireland (“we”, “us” or “our”). Our VAT number is 3770935LH.

1.3 You. When we say “you” or “your”, we mean any person who visits, accesses or uses the Site. You confirm that you will use the Site for your own personal and domestic use and will not use it for any commercial or business purposes.

1.4 Agreement. By accessing or using the Site, you confirm that you have read and accept the Terms, and are agreeing to comply with the Terms. When accessing and using the Site you must comply at all times with these Terms and with all applicable laws. If you do not agree with the Terms, you must not access or use the Site.

1.5 Other policies. As well as these Terms, please also read our Privacy Policy available at www.kindora.shop/privacy-policy to understand how we collect, use and share information about you and our Cookie Policy available at www.kindora.shop/cookie-policy to understand how we use cookies within the Site.

1.6 Contacting us. If you want to learn more about Kindora or have any questions for us you should first look at our online FAQs and support resources. If you are still experiencing issues, please do not hesitate to contact us at [email protected]. By sending us suggestions or other feedback regarding the Site, you agree that we can use and share that feedback for any purpose without payment or obligation.

 

2. YOUR ACCOUNT

2.1 Eligibility. To buy and sell Items on the Site you must create an account. To open and use an account you must:

  • be at least 18 years old and capable of entering into a legally binding contract to use the Site; and
  • be resident in the island of Ireland (including Northern Ireland);

2.2 Information you provide. You confirm that all information you provide when interacting with the Site is accurate, up-to-date and truthful and you will keep that information up-to-date.

2.3 Account details. You are responsible for keeping your username and password safe and secure. You must immediately tell us if at any time someone else learns your username and password. You are responsible for all activity on your account and anything that happens using your username or password. If you believe that your account has been misused, you must tell us immediately.

 

3. KINDORA MARKETPLACE

3.1 Buying and selling. If you are a registered user, you can make offers to buy and sell Items through the Site. You are not allowed to buy or sell Items that breach our Terms, break any laws, are objectionable, or that we otherwise ban. You acknowledge that any views expressed by users of the Site do not necessarily represent our views or values.

3.2 Access the Site. You are responsible for making all arrangements necessary for you to have access to or use of the Site and for ensuring that your devices and software meet the minimum specifications and are configured correctly.

3.3 Seller obligations. The seller must itself write a clear listing for the Item. At all times, sellers have discretion to set their own price for an Item. Item listings by sellers on the Site are not legally binding offers from us. It is up to the seller to provide information and images of the Item. The seller (and not us) is responsible for all information, images about an Item listing, and for all typographical errors, inaccuracies or omissions relating to the Item listing, condition, price, description or availability. Given the nature of the Site, the seller is solely responsible for ensuring that any age restricted Items are clearly marked in a listing. The seller is responsible for all taxes, customs charges or import duties relating to its sale and delivery of Items through the Site, except if the law says otherwise.

3.4 Contract. When a buyer and a seller agree the sale of an Item through the Site, a binding contract of sale is made solely between the buyer and seller. Users should be aware that they are entering into a contract with a private buyer or seller on the Site who is not acting for purposes related to their trade, business or profession. The buyer must pay the purchase price and the seller must arrange to send the described Item to our workshop.

3.5 Our role. You acknowledge that our role is limited to acting as an intermediary between users in respect of any Items that users buy or sell through the Site. We only provide the platform for users to connect users with each other. Although we may collect, screen and clean each Item in our workshop before the buyer receives it, at no time do we do act as a seller or reseller or any Item, become the owner of any Item, or become a party to the contract of sale between users.

3.6 Updates to the site. We may update the Site from time to time (for example, to reflect our users’ needs, improve performance, reflect changes to our business, reflect changes to our products, or to address security issues or changes in law) but we have no obligation to update any information on the Site.  

 

4. PAYMENT & FEES

4.1 Buying. If you are a buyer, at the time you make your purchase you must pay the Item price listed on the Site (including VAT) plus a delivery charge. Our third party payment services provider accepts payment by most major credit / debit cards. We do not list the delivery charge until you checkout because it may vary depending on where the buyer lives. The buyer does not pay any fees or commission to us and the total amount the buyer must pay is displayed at checkout.

4.2 Our Fees. When the buyer and seller agree the sale of an Item through the Site, the seller must pay a fee to us and the actual fee payable will depend on the total transaction amount received by the seller (including VAT and any other applicable taxes), the cost of getting the Item to our workshop, and our costs of cleaning and screening once it’s there (“Fee”). When a seller lists an Item on the Site, we will tell the seller how much they stand to make. Our third party payment processor may charge the seller an additional payment processing fee and users should ensure they are familiar with the terms and conditions of any third party payment processors. We will deduct our Fee from the funds transferred to the seller by the buyer through our third party payment processor.

4.3 Complaints & refunds. As the Site is a marketplace between private individuals, there is no legal requirement for the seller to offer refunds. The buyer and the seller will need to arrange any refunds between themselves. As such, we encourage buyers to find out the seller’s policy on returns before purchasing an Item. Buyers should direct all queries, complaints and refunds requests related to an Item directly to the seller and engage directly with the seller about an Item, its condition, price, fulfilment or return. The Fees paid to us, the fees paid to a third party payment processor and any delivery charges are non-refundable. If the seller is not able to resolve the buyer’s issue the buyer may pursue any remedy available to it against the seller, but the buyer acknowledges that we will not be involved in and do not have to provide any assistance on dispute resolution or refunds between the buyer and the seller.

4.4 No direct sales. To protect the Kindora community, buyers and seller are only allowed to sell Items through the Site and are not permitted to make direct arrangements with each other or use a payment method other than that offered through the Site. Breaking this rule may, among other things, result in immediate suspension or termination of your account and a permanent ban.

 

5. KINDORA WORKSHOP & DELIVERY

5.1 Getting the Item to us. If you are a seller you may send the Item to our workshop in one of the following ways:

  • you can print our label, use your own packaging, and post the Item to us (we’ll add these postage costs to our Fee);
  • we’ll send you packaging and a label, you pack the Item and post it to us (we’ll add these postage and packaging costs to our Fee);
  • we’ll collect the Item directly from you (this service costs more than options (a) and (b) above but we’ll give you an exact quote of the amount we will add to our Fee for this service when you list the Item); or
  • you can hand deliver the Item to our workshop (we won’t need to add any postage and packaging costs to our Fee if you choose this option).

5.2 Workshop. Once we receive the Item from the seller it passes through our workshop on its way from the seller to the buyer. In our workshop, the Item is cleaned and screened, packed and dispatched to the buyer.

5.3 Risk and title. The Item remains the property of the seller until the funds are transferred to the seller from the buyer and we have deducted our Fee. Risk of loss or damage to a Item transfers from the seller to the buyer on the buyer’s receipt of the Item.

 

6. SUSPENSION AND TERMINATION

6.1 Deleting your account. These Terms are effective unless and until you or we delete your account. You may delete your account at any time through the settings function of the Site.

6.2 Our rights. If you repeatedly breach these Terms or your conduct or listings damage our reputation and goodwill, we have the right to temporarily or permanently suspend, disable or delete your account or to remove you from the Site. If you commit a serious breach of these Terms we have the right to immediately delete your account and remove you from the Site. If we delete your account in accordance with this section, you may not register again and we have the right to block your email address and IP address to stop you registering again. We may, at any time, limit, suspend or withdraw the availability of all or any part of the Site. We will try to give you prior reasonable notice of any limitation, suspension or withdrawal. We are not liable to you or to any third party for any modification, suspension or discontinuance.

 

7. RIGHTS IN CONTENT

7.1 Our Content. We are the owner or licensee of all intellectual property rights in the Site and in the material published on it, including text, graphics, user interfaces, visual interfaces, illustrations, photographs, trademarks, logos and computer code, the design, structure, arrangement, selection, coordination, expression, and ‘look and feel’ of the Site (together, “Our Content”). All of these rights are protected by copyright and other intellectual property laws around the world. No licence is granted to you in these Terms or elsewhere to use any trade mark owned by us or any of our affiliates. You must not alter, reproduce, republish, sell, disseminate, distribute, transmit, broadcast or commercially exploit any part of Our Content or the design or look and feel of the Site, unless we agree in writing in advance. You must not store, link, frame, scrape or deep-link Our Content on any other website or app or in any other medium or format unless we agree in writing in advance. We are entitled to investigate any suspected or actual improper, illegal, or unauthorised use of Our Content or the Site (or any part of it) and we are entitled to take any legal action we deem appropriate.

7.2 Your Content. You are responsible for all text, images, video, audio or other material and information that you upload or transmit on or through the Site (“Your Content”). We are allowed to use any and all of Your Content for any reason we choose and without any payment to you. You grant us, from the time of uploading or transmission of Your Content, a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and license to use, copy, transmit, reproduce, distribute, adapt, modify, translate, create derivative works, publicly display and import Your Content, including, all copyrights, trademarks, patents and other intellectual and proprietary rights related to them, in any current or future media, for any purpose, including, giving the Your Content to others, without any payment to you. You waive any moral rights you may have in Your Content to the maximum extent allowed by applicable law.

7.3 Your representations. You represent and warrant that Your Content complies with these Terms and that none of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of Your Content. You further represent and warrant that you own or have a right to share any of Your Content and that Your Content does not violate the rights (including the privacy or intellectual property rights) of any person. We do not moderate any of Your Content before you upload it, but we are, at any time, entitled to edit, remove or block access to Your Content if, in our opinion, Your Content does not comply with these Terms or applicable law. We are not responsible or liable to any third party, for the contents or accuracy of Your Content.

 

8. ACCEPTABLE USE

8.1 You must not (and you must not allow anyone to):

  • deceive any person, impersonate any person, or misrepresent your identity or the condition or availability or an Item;
  • supply any false or misleading information to us or to other users;
  • break any applicable law or promote illegal activity or violence;
  • sell any counterfeit, fake or dangerous Items or any Items that may infringe the rights of another person;
  • create more than one account (unless we agree otherwise);
  • transmit or assist in the transmission of any material that is illegal, defamatory, racist, sexist, false, misleading, pornographic, harassing, discriminatory, hateful, obscene, offensive or otherwise objectionable to us, our staff, or any other person;
  • use the Site or create a new account if we have previously suspended or banned you;
  • send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms;
  • transmit, or assist in the sending of, any unsolicited or unauthorised advertising, promotional material or spam;
  • collect or track the personal information of others;
  • harvest or collect any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running our services;
  • use the Site in any way that could hack, disrupt, damage, compromise, overburden, disable or impair the Site, anyone’s server, systems or networks; or
  • reproduce, reverse-engineer, disassemble, de-compile, duplicate, copy, re-sell or create derivative works from the whole or any part of the Site or attempt to do any of these things.

 

9. LINKS TO THIRD PARTIES

Certain information, products and services available through the Site may include materials from third parties. The Site may contain links to third party websites that are not affiliated with us. These links are provided for your convenience only and do not amount to an endorsement of any information or materials contained on those sites. We are not responsible for examining or evaluating and have no control over the information, products, services or materials on or available from third parties or third party websites or their availability or accuracy. We do not warrant and have no liability or responsibility for any third party materials or websites, or for any other information, products or services of third parties. You use and access these at your own risk. You should carefully review the third party’s policies and practices and make sure you understand them before you engage in any transaction. You must direct any complaints, claims, concerns, or questions to the relevant third party.

 

10. LIABILITY

10.1 Our responsibility. Without affecting paragraph 10.7 below, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the customer accepted these Terms, both you and we knew it might happen. We are not responsible for any loss or damage you suffer that is not foreseeable.

10.2 Where we do not exclude loss. Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. If you are a consumer, you have certain rights that cannot be excluded by contract and these Terms do not limit or affect any of those rights.

10.3 User responsibilities for information. We do not review or verify whether the information or material a seller or a buyer provides to us, to each other, or to anyone else through the Site is accurate, up to date, complete or representative. To the extent that a user provides any inaccurate or incomplete information or material we have no liability or other responsibility for inaccuracy, errors or omissions in the Site, or for any inability of a user to use or benefit from the Site.

10.4 What we can’t guarantee. By using the Site, you acknowledge that the transmission of data over the internet can never be completely secure and you accept the risk that others may be able to read or intercept any user content or other information, text, media, graphics you submit or send to or through the Site. This includes transmissions that are identified as secure or encrypted. We are not responsible for any acts or omissions of a buyer, seller or any other person. The Site is provided “as is” and “as available” without any representations, undertakings, guarantees or warranties of any kind (whether express, implied, statutory or otherwise) including with respect to merchantability, fitness for a particular purpose, non-infringement, availability, compatibility, security, accuracy or any other matter. We do not guarantee that the Site will always be available, accurate, complete, current, uninterrupted or error-free, that errors or defects will be corrected, or that the Site or the server that makes it available are free of viruses, bugs or other harmful elements. If a user is not happy with the Site its sole remedy is to terminate its user account.

10.5 Limitations of our workshop. Our Site facilitates individual sellers offering Items for sale to individual buyers. It is up to each buyer and seller to decide whether to go ahead with the purchase or sale of an Item. Although we make reasonable efforts to clean and screen the Item before a buyer receives it, all we can do is check whether the Item matches the description posted by the seller on the Site listing. We offer no guarantees or commitments on the ability of sellers to fulfil sales, or on the existence, condition, quality, suitability, legality, price or safety of any Item listed on the Site. We cannot guarantee the truth or accuracy of any description or image of an Item or that the Item will meet a buyer’s needs or expectations. We are not liable for any loss, damage or disappointment in connection with an Item.

10.6 Business losses. The Site designed for domestic and household use by private individuals. Use of the Site for any commercial, business or resale purpose means that we have no liability for any loss of profit, loss of business, damage to reputation, loss of goodwill, loss of or corruption of data, loss of anticipated savings, business interruption, loss of business opportunity or any similar losses.

10.7 Limitation of our liability. We believe it is fair and reasonable to limit the total amount of liability we have to each user of the Site. To the extent applicable law allows, for any liability which cannot lawfully be excluded but can be limited, our total aggregate liability to a user (whether in contract, tort (including negligence) or any other legal theory) for any losses, liabilities, damages, claims and costs arising out of or in connection with an Item, these Terms or use of the Site, will not exceed in aggregate for all claims the lower of: (a) the sum of all Fees received by us involving that user in the 12 month period before the date the claim first arose; and (ii) €50.

10.8 Claims against us. If someone makes a claim against us because of: (a) your breach of law; (b) your breach of these Terms; or (c) any act or omission by you, you agree to indemnify us and our affiliates, directors and staff in full for all losses, liabilities, damages, demands, costs and expenses (including reasonable legal fees) that we or any of them suffer, incur or pay out arising out of or in connection with that claim. If we choose to conduct the defence of that claim, you must to assist us if we reasonably request.

10.9 Release. If a complaint or dispute arises between a buyer and a seller, each user agrees to release us (and our affiliates, directors and staff) from all losses, damages, claims and costs of any kind, arising out of or in connection with those complaints or disputes.

 

11. GENERAL

11.1 Interpretation. In these Terms, the singular includes the plural and the masculine includes the feminine and vice versa. The paragraph headings do not form a part of these Terms. These Terms are personal to you and there are no third party beneficiaries to these Terms.

11.2 Changes to the Terms. We recommend that you check the Terms regularly to ensure that you understand the Terms that apply at that time. We will try to give you reasonable notice of any significant changes to the Terms by posting of notice on the Site of any changes. Your continued use of or access to the Site following that notice indicates your acceptance of those changes.

11.3 Transfer and Assignment. You are not allowed to assign, novate or transfer any or all of your rights and obligations under these Terms to anyone unless we agree in writing in advance. We may assign, novate or transfer any or all of our rights and obligations under these Terms to another organisation without your consent. We will always tell you in writing if this happens. If you are unhappy with the transfer, you can cancel your account in accordance with these Terms.

11.4 Force Majeure. We are not responsible or liable for any failures or delays caused by an event outside our control provided we take reasonable steps to minimise the effect of any delay.

11.5 Entire Agreement. These Terms (including any additional policies or conditions that we provide when you engage with a feature of the Site), are the only agreement between you and us regarding the Site and supersede all previous agreements, representations, warranties and understandings between you and us regarding the Site.

11.6 Severability. Each of the paragraphs of these Terms operates separately. If a court or relevant authority finds any part of these Terms to be invalid, unlawful or unenforceable then the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, the parties agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms.

11.7 Remedies. If we do not act to enforce these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you if you break these Terms that will not mean that you do not have to do those things. We may take any relevant steps against you later. Our rights under these Terms are in addition to and do not exclude or limit any other rights or remedies provided by law.

11.8 Governing law & forum. The existence, formation, interpretation, operation and termination of these Terms and any claim, matters or disputes arising out of or in connection with them (whether contractual or non-contractual), are governed by an interpreted in accordance with the laws of Ireland. The courts of Ireland have exclusive jurisdiction to hear and determine any claim, matter or dispute (whether contractual or non-contractual) between you and us arising out of or in connection with these Terms. If you are a consumer resident in the European Union, you may benefit from any mandatory provisions of the law of the member state in which you reside and nothing in these Terms, including in this paragraph, affects your rights as a consumer to rely on such mandatory provisions of local law. If you have a complaint you may be able to use the European Commission’s Online Dispute Resolution platform, which can be found at www.ec.europa.eu/consumers/odr.

 

Last updated: 29 May 2021