Last Updated: 2/28/2024
Welcome to Tokki.trade! You are entering into these Terms of Service ("Terms") with Tokki.trade ("we", "us" or "our"). These Terms govern your access to and use of the Tokki.trade website and services ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
Acceptance of Terms: These Terms constitute a legally binding agreement (“Agreement”) between you and Tokki.trade regarding your use of our Services. By creating an account or by using our Services in any manner, you agree to be bound by this Agreement and additional terms, policies, or guidelines incorporated by reference into this Agreement (which will become part of the Agreement). When we say “you” or “your,” we mean you individually and any legal entity exercising rights under this Agreement through you. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.
The Services provide an online social marketplace where users of the Services (“Users”) can list and sell items (“Items”). When Users purchase Items, they are “Buyers,” and when Users sell Items, they are “Sellers.” Users may, at different times, be both Buyers and Sellers on the Service. By using the Service, Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and Tokki.trade is not a party to such sale or purchase.
Who Can Use Tokki.trade?
Minimum Age. You must be at least 13 years of age to use the Services. If you are under the age of 18 (or the age of legal majority where you live), you may only use the Services under your parent or legal guardian's supervision. In order to list an item for sale through our services, you must sign up and connect a Stripe Express account to your Tokki.trade account. Stripe requires Stripe Express account users to have a minimum age of 18. If you are under 18 and plan to use a parent’s Stripe Express account, you must have express permission to use that Stripe Express account each time you make a transaction on our Service. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for their use of the Services.
Accounts and Account Security
You need to create an account with Tokki.trade to access and/or use certain features of the Services (“Account”). You must provide accurate account information and update your information if it changes. You must also maintain the security of your account and notify us if you discover or suspect that someone has accessed your account without your permission. Where you have provided your phone number or email address during or after the registration process, you agree for us to send you security codes by text message or email to verify your identity as a registered user. We reserve the right to suspend or terminate your Tokki.trade account, for any reason at our discretion, including for breach of these Terms, failure to provide certain information or verify your identity when prompted, or if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. If you permit others to use your account credentials, you are responsible for the activities of such users. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims in those usernames.
You agree that your account is not transferable and that in the event of your death, incapacity, or unavailability, we may terminate any rights to your account or User Content (defined below).
Your Use of the Services
By using the Services, you may interact with other Users. You release us from all liability relating to your interactions with other Users. When interacting with other Users, you assume all the risks of your interactions. You will be solely responsible and liable for your use of the Service, including buying, selling, transacting, and communicating on the Service.
Inherent Risk. You assume certain risks in using a service such as Tokki.trade. Tokki.trade is not involved with, nor provides a warranty for, any transaction between Buyers and Sellers, does not have or take title to any Items, and does not warrant that a Buyer or Seller will actually complete a transaction or return an item. You as a Buyer and/or Seller assume, agree, and understand you bear all of the risks in selling or purchasing Items on the Services.
Off-Site Activity. For your safety, we discourage off-site transactions and the sharing of contact information, including email addresses and phone numbers, prior to completing a transaction through the Services. Initiating conversations regarding an Item purchase outside of the Services, completing purchases outside of the Services, and soliciting users to Tokki.trade competitors or attempting to circumvent Tokki.trade fees by completing transactions initiated on Tokki.trade off-site, are considered off-site activities. If you choose to engage in off-site activities, Tokki.trade makes no representations or warranties of any kind, express or implied, about the reliability, accuracy, suitability, safety, or authenticity of communications or transactions performed off-site or the individuals involved in such transactions. All off-site activity is strictly at your own risk. Moreover, transactions conducted outside of the Services are not eligible for any protection provided by Tokki.trade or Tokki.trade Purchase Protection (defined below). Tokki.trade reserves the right to suspend or terminate your access to the Services for any reason in accordance with these Terms, including in the event of any off-site activity, as determined solely by Tokki.trade.
Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction, as determined by Tokki.trade in its sole discretion, that may be applicable to your use of the Services;
- Post any User Content (as defined below in Section 8) that is unlawful, harmful, violent, illegal, infringing on third party rights, false, misleading, fraudulent, pornographic, libelous, invasive, encouraging of money laundering, gambling, or any other unlawful or unwarranted behavior;
- Infringing the rights of third parties, including intellectual property rights, such as by posting counterfeit products for sale through the Services;
- Interfering with the operation of our Services or the servers or networks connected to our Services;
- Harassing or threatening other Users;
- Using our Services for any illegal or unauthorized purpose.
- Copy, scrape, harvest, crawl or use any technology, software or automated systems to collect any information or data from the Services;
Create multiple Account to evade punishment or avoid restrictions.
Tokki.trade may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Services, Content, or Users, including termination of your Account and/or preservation of such information for investigative purposes. Enforcement of this Section 5 is solely at Tokki.trade’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.
Seller Terms
When you sell Items through the Services, you are considered a Seller and you agree to the terms in the following provisions.
Listings. To sell an Item through the Services, Sellers must publish pictures and information about the Items ("Item Listing"). To list an Item for sale on Tokki.trade, Sellers must first connect a Stripe Express account to their Tokki.trade account, unless otherwise permitted by Tokki.trade.
As a Seller, you agree that: (a) you are solely responsible for the accuracy and content of any Item Listing, including its lawfulness; (b) you have all rights necessary to sell your Items; (c) you will not list or sell any counterfeit Items; (d) we cannot guarantee exact Item Listing durations; (e) we may modify Item Listings at our sole discretion; (f) you authorize us to offer your Item Listing for sale in any such manner as we deem appropriate, including by making your Item Listing available on other platforms, websites and/or mobile applications, including those operated by us or our affiliates; (g) we reserve the right to delete any Item Listings for any reason upon notice to you; (h) an Item Listing is not guaranteed to appear or not appear in any particular search and browse results; and (i) you are responsible for complying with all laws and regulations applicable to the sale of your Item and you will promptly assist Tokki.trade in its compliance with applicable laws and regulations, as requested by Tokki.trade.
Sellers must describe Items truthfully, accurately, and completely. This includes creating informative Item Listing descriptions that include your original photos of the Items and details such as the condition and any flaws or unique features. The Item for sale should be clearly represented in the main photo. Avoid any photo editing techniques that may make it difficult for Buyers to accurately assess the condition of the Item. Sellers have sole discretion to set prices.
Order Fulfillment. Buyers can buy Items from you immediately at the listed price with the Buy It Now button on an Item Listing. We will notify you once a Buyer has bought your item through your provided email address. Once a Buyer initiates funds transmission, you enter into a legally binding contract with the applicable Buyer to ship the Item (as it is described in the Item Listing) to such Buyer for the price that you’ve set on the Item Listing.
Seller Commission and Payment Processing Fees. You can register for Tokki.trade for free, but Tokki.trade will charge certain fees for various transactions you may complete through the Services. Sellers must pay Tokki.trade a commission on the total transaction amount received by a Seller (including VAT, if any, and any applicable shipping costs) in respect of any sale of a Item through the Services. Tokki.trade also charges a payment processing fee for each transaction processed by its third-party payment processor, Stripe. The fee amount will be assessed on the total transaction amount, including shipping and tax (if applicable). Tokki.trade reserves the right to modify the payment processing fee at any time. The commission will be deducted from the amount paid by a Buyer to the Seller through Stripe applicable to that transaction. Commission rates are subject to change at our sole discretion, upon notice to you.
Shipping. All Sellers must ship Items within five (5) calendar days (unless otherwise agreed to by the applicable Buyer) after fund transfer is initiated by the Buyer. If a Seller does not ship the Item within the provided timeline, the order can be canceled, and the Buyer will be refunded to their original payment method and the Seller's account will not be credited for any canceled order. Sellers are responsible for the contents of their parcels and must comply with all terms and conditions of the applicable shipping carrier.
Seller Payouts and Refunds. Except as otherwise set forth herein, Seller's account will be credited with the amount equal to the purchase price, minus taxes, Tokki.trade’s commission, and any applicable fees no later than three (3) calendar days after tracking information or a Buyer indicates that the Item has been delivered to the Buyer, such as by rating the Seller. Notwithstanding anything to the contrary herein, Tokki.trade may hold on crediting a Seller account for a period necessary for Tokki.trade to determine that an Item has actually been delivered to resolve a Buyer-initiated claim, or if prescribed by applicable laws or regulations.
Notwithstanding anything to the contrary herein, in the event Tokki.trade determines that a shipment was not fulfilled (including if the tracking information or video shipping proof provided appears to have been fraudulent or incorrect; Tokki.trade determines that the Item shipped is not as described on the Item Listing; the Item is unlawful, etc.) or Tokki.trade is subject to a chargeback imposed by the third-party payment processor, Stripe, as a result of Seller's failure to fulfill a shipment, as determined by Tokki.trade or Stripe, Seller is required to provide a full refund, including shipping fees, to the applicable Buyer or Tokki.trade (as applicable). If Seller fails to timely refund the Buyer, Tokki.trade may refund the Buyer on the Seller's behalf. If Seller is located in a jurisdiction that allows automatic debits, such Seller's account will be automatically debited by Tokki.trade for the amount refunded by Tokki.trade, or the chargeback amount (as applicable). Tokki.trade may also charge Seller any associated dispute fees charged by Stripe, at Tokki.trade’s sole discretion. Seller hereby agrees to such automatic debiting. If Seller is not eligible for automatic debits, Seller is required to promptly repay Tokki.trade for the refund, the chargeback amount, and any applicable dispute fees and a debt will be created for the amount that Seller owes Tokki.trade for the refund. Whilst the debt remains outstanding, Tokki.trade may suspend or terminate Seller's access to the Services in accordance with these Terms. If a Seller fails to promptly repay any outstanding debt to Tokki.trade, Tokki.trade may pursue any legal action available to it against such Seller, including retaining collection agencies at your cost.
Buyer Terms
When you buy Items through the Services, you are considered a Buyer and you agree to the terms in the following provisions.
Buyer Responsibilities. Prior to purchasing items from a Seller, you are advised to independently verify the applicable information and read any applicable Seller's sales, legal and privacy policies. Although we may choose in our sole discretion to intervene or attempt to resolve a dispute between you and other Tokki.trade users, you agree that we have no obligation to do so and that all transactions are ultimately solely between you and the applicable Seller. Any agreement for and/or purchase of a Item is made solely between Buyer and Seller.
Buyers who purchase “mystery” Item Listings do so at their own risk. The contract to purchase will be between you and the Seller and not between you and Tokki.trade.
Upon purchasing an Item, a Buyer must remit payment to Tokki.trade for the Item, including any listed shipping or additional fees, such as a platform fee. Tokki.trade may delay or cancel any purchase for purposes of fraud detection or to protect Users from other illegal or wrongful activities.
Purchase Conditions. You may buy Items included in a Item Listing through the Services. You hereby acknowledge and agree that: (a) you are solely responsible for reading the full Item Listing before committing to buy and we do not guarantee the existence, quality, safety or legality of the Items advertised or the truth or accuracy of any Item Listing; (b) we do not transfer legal ownership of Items from the Seller to the Buyer and have no responsibility or liability in connection therewith.
Tokki.trade does not physically evaluate Items listed for sale and is not responsible for any Item flaws or description inaccuracies. In the event of an issue with a purchase, such as an Item not as described, please inform us within three (3) calendar days of delivery of the item to qualify for a refund evaluation.
Item Listing Disclaimers. Any prices of Items included in any Item Listing are set by the applicable Seller and are subject to change. The colors of Items included in Item Listings may depend on the settings of your monitor or screen, and therefore the color of Items on your display may differ from the Items that you receive. Although we try to display updated Item Listings on the Services, the availability of goods on the Services may change at any time, without notice.
Shipping. Buyers are responsible for any shipping costs incurred with respect to their purchased Items. Sellers will initiate shipment of the applicable Items to the address of the Buyer (or their indicated recipient) within five (5) calendar days (unless otherwise agreed to by the Buyer) after a Buyer pays. If a Seller does not initiate shipment within five (5) calendar days, the transaction can be canceled, and the Buyer will be refunded to their original payment method for the canceled order.
Returns/Tokki.trade Purchase Protection. All purchases are final, with no returns, refunds, cancellations, or retractions allowed, except where expressly allowed by Sellers, by us, or under applicable law. If the Item you receive is not as described on the Services, then you may report the issue by contacting us here within three (3) calendar days after tracking information indicates that the Item has been delivered, and Tokki.trade may offer a buyer protection program for eligible purchases ("Purchase Protection"). If the tracking information or video shipping proof provided appears to have been fraudulent or incorrect, Tokki.trade may offer a buyer protection program for eligible purchases ("Purchase Protection"). Tokki.trade will determine in its sole discretion whether to (a) direct you to report your issue to the Seller; (b) request that you file a dispute with Stripe; and/or (c) refund the purchase after an investigation. Tokki.trade may, in its sole discretion, require the Buyer to ship the Item to Tokki.trade or the Seller. If Tokki.trade approves a refund under Purchase Protection, Tokki.trade will refund the Buyer the amount owed on the Seller's behalf. See more on Purchase Protection policy.
User Content
User Content. "User Content" is defined as any Item Listings, photos, comments, links, and other materials you or other users create, post, tag, store and share through our Services and any content you post on your social media tagging Tokki.trade. Except for the license you grant below and as otherwise set forth herein, as between you and Tokki.trade, you retain all rights in and to your User Content.
You may only post User Content that is non-confidential and that you have all necessary rights to disclose. You are solely responsible for all information, descriptions, pictures, listings, text, music, videos, streaming video, media, comments, messages, sales, purchases, and any other materials that you upload, post, publish, transmit, display, and/or submit to or through the Services. You are solely responsible for all of your User Content, and you understand and agree that all User Content can be shared with other Users and third parties in Tokki.trade’s sole discretion. Tokki.trade has no control over or liability for how other Users may use your User Content.
License to User Content. You grant Tokki.trade a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username or likeness provided with your User Content in all media formats and channels, and for all purposes, including advertising, without attribution or compensation to you. You understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.
Feedback
By posting, submitting, or communicating any feedback or information to Tokki.trade regarding our services ("Feedback"), you acknowledge and agree that Tokki.trade may use such Feedback for any purpose, whether commercial or otherwise, without providing acknowledgment or compensation to you. You understand and accept that Tokki.trade may treat Feedback as non-confidential and may incorporate it into our business operations, products, or services without any obligation to you.
Intellectual Property Rights
Tokki.trade retains all rights to our intellectual property. The Tokki.trade name, logos, product or service names, slogans, and its look and feel (“Tokki.trade Content”) are the property of Tokki.trade or its licensors and is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Tokki.trade retains all rights to our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with Tokki.trade Content unless explicitly authorized by this Agreement. Any rights not expressly granted herein are reserved by Tokki.trade.
All other trademarks, registered trademarks, product names and company names or logos mentioned or displayed on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, affiliation, sponsorship, or recommendation by us.
Third-Party Content
We may provide information about third-party products, services, activities, or events; or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). You acknowledge that Third-Party Content may be protected by copyright, patent, trademark, trade secret, and/or other proprietary rights and laws. You agree not to copy, modify, scrape, distribute, create derivative works, or otherwise use the Third-Party Content for any purpose other than as explicitly authorized in this Agreement. Tokki.trade does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk and subject to the applicable terms and conditions of such third parties.
Payments and Billing
Payment processors. Payments for transactions will be processed by third-party payment processors we have engaged for the Services, in accordance with their terms of service, and not by us. You hereby explicitly consent to our use of such third-party payment processors, the outsourcing of services to them, and the related transfer and processing of data. We reserve the right to add or change available payment processors, or to require the use of certain payment processors by any or all Sellers, at any time and for any or no reason. We are not responsible for errors made by any payment processor.
Taxes. As a Seller, you acknowledge and agree to assume responsibility for collecting, paying, reporting, and remitting any applicable local, state, provincial, federal, or international taxes, including VAT and sales tax, that may be required. Similarly, as a Buyer, you agree to fulfill your obligation to pay any applicable local, state, federal, or international taxes, including sales taxes.
You understand and agree that Tokki.trade is not liable for the reporting, collection, or payment of any taxes on your behalf, except in cases where Tokki.trade is legally obligated to collect or remit taxes. You further consent to providing Tokki.trade with all necessary tax-related information that may be required under applicable laws or regulations. This includes authorizing Tokki.trade to disclose such information to relevant tax authorities or governmental bodies.
Failure to provide Tokki.trade with essential tax information may result in the suspension of your account. By using our platform, you agree to comply with these tax provisions.
Payment Disclaimers. By using Tokki.trade, you acknowledge and agree to the following disclaimers regarding any purchases of Items:
(a) Transactions are solely between the Buyer and the Seller, and Tokki.trade is not a party to these transactions.
(b) Except as explicitly provided in these Terms, Buyers and Sellers are responsible for investigating and resolving disputes, including issues related to returns and refunds of any Items purchased.
(c) Tokki.trade shall not be held liable for the actions or omissions of any payment processor. This includes any failure or refusal by payment processors to process a transaction.
(d) Tokki.trade will not be responsible for unauthorized or failed transactions. Facilitation of a transaction by Tokki.trade does not imply that the Buyer has sufficient funds, nor does it guarantee that the transaction will be ultimately authorized or processed.
Disclaimer of Warranties
Disclaimer: YOUR USE OF THE SERVICES, INCLUDING ANY CONTENT CONTAINED THEREIN, WILL BE AT YOUR SOLE RISK AND THAT TOKKI.TRADE PROVIDES THE SERVICES, INCLUDING ANY CONTENT CONTAINED THEREIN, ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, TOKKI.TRADE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT REGARDING THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR ANY THIRD-PARTY SERVICES, MATERIALS, OR ITEMS THAT MAY BE ACCESSED OR PURCHASED THROUGH THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOKKI.TRADE MAKES NO WARRANTY THAT (1) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE COMPLETE, ACCURATE, OR RELIABLE; OR (4) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
TOKKI.TRADE MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE ITEMS OFFERED OR SOLD THROUGH THE SERVICE, INCLUDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF SUCH ITEMS, THE TRUTH OR ACCURACY OF ANY LISTINGS, OR THE ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS THROUGH THE SERVICE. RECEIVING A REFUND UNDER TOKKI.TRADE PURCHASE PROTECTION IS A BUYER’S SOLE REMEDY FOR ANY ITEM THAT IS DETERMINED NOT TO BE AUTHENTIC OR OTHERWISE NOT AS DESCRIBED.
Limitation of Liability
To the maximum extent permitted by law, you agree that in no event shall Tokki.trade or its affiliates, directors, officers, employees, agents, or licensors be liable to you or any third party for any legal claims, demands and indirect, incidental, special, consequential, or punitive damages, (including reasonable attorney fees) that arise from or relate to (i) your access to or use of the Services, including any Items purchased or sold; (ii) your User Content or Feedback; (iii) your breach of the Agreement; (iv) your violation, misappropriation, or infringement of any rights of another (including someone else’s privacy or intellectual property rights); or (v) your violation of applicable laws.
We shall not be liable for any damages arising out of or in connection with any transactions, communications, or interactions between Users, including but not limited to any disputes between buyers and sellers.
Furthermore, our total liability to you for any claim arising out of or relating to these terms or your use of the Services shall not exceed the amount paid by you, if any, for accessing our services.
The limitations set forth in this section will not limit or exclude liability for personal injury, death or property damage caused by the services, or for the gross negligence, fraud or intentional, willful, malicious or reckless misconduct of Tokki.trade or the other Tokki.trade parties. We do not, however, exclude or limit our liability to you to the extent it is unlawful to do so under the laws applicable to you. If any applicable authority holds any portion of this Section to be unenforceable, then liability will be limited to the fullest extent of applicable law.
If you are a resident of California, you hereby waive your rights under California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Indemnification
You agree to indemnify and hold harmless Tokki.trade and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your use of our Services or your violation of these Terms. If you are a resident of California, you hereby waive your rights under California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Changes to Terms
Tokki.trade reserves the right to modify or revise these Terms at any time. We will notify you of any changes by posting the revised Terms on our website. Your continued use of our Services following the posting of the revised Terms constitutes your acceptance of the changes.
Termination
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time and to any user, including by terminating these Terms. You also have the right to stop using our Services at any time and may cancel your account by sending a request through our Contact Form. We are not responsible for any loss or harm related to your inability to access or use our Services. On termination of these Terms, all related rights and obligations under these Terms immediately terminate, except that you will remain responsible for performing your obligations in connection with transactions entered into before termination (shipment of Items to Buyers that have paid for them) and for any liabilities that accrued before or as a result of termination.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.