QLEKTA Professional watch trade Platform Terms of Use
Welcome to Qlekta Professional Watch Trade Platform (hereinafter referred to as the Qlekta) - a professional platform for trading premium secondary watches - an advertisement service that brings together watch sellers and buyers.
Qlekta's Terms of Use (hereinafter referred to as the Terms) govern the relationship between Qlekta Limited Liability Company (SIA) and internet users who have access to Qlekta Internet platform.
You may use Qlekta in accordance with the provisions of these Terms and Qlekta PRIVACY POLICY
If you do not agree with them, you should stop using Qlekta.
Qlekta's Terms of Use are designed to:
- ensure compliance with local laws and regulations;
- reduce risks for buyers and sellers;
- ensure that no one has an unfair advantage;
- create a pleasant environment for making purchases;
- protect intellectual property rights.
Terms used
Qlekta – an internet platform available on the website www.qlekta.com (including all levels of the domain).
Company – a commercial capital company Qlekta, Ltd. (Qlekta, SIA), registered in the Republic of Latvia, registration number 40203224217, legal address: 11A Piestatnes (Piestātnes), Jurmala, LV-2015.
Goods – watches and watch accessories.
Products, Services – products and services offered by the Company to Users both at Qlekta and on the website www.qlekta.com (including all levels of the domain).
User – a natural person or legal entity who uses Qlekta to search, purchase, sell, or advertise Goods.
Commercial User – a registered merchant who uses Qlekta for advertising and/or selling Goods.
User Content – information that the User posts in Qlekta advertisements, his/her profile and reviews, including pictures, photos, product description, information about the Product, User's contact details and other elements.
1. What is Qlekta
Qlekta is an internet platform that is available at Qlekta.com website (including all levels of the domain) using full and mobile versions and mobile application, which is a set located in the information system for the Company's information (administrative and user content) and intellectual property objects.
Qlekta is an electronic catalogue with advertisements for Goods that Users can offer and search in Qlekta to conclude transactions.
For authorized Users, the Company provides a technical opportunity to place information in Qlekta in the format provided for advertisements according to the existing categories of goods. The Company provides all Users (regardless of authorization) with a technical opportunity to search for and view advertisements in Qlekta for the purposes specified in these Terms. Qlekta's automatic algorithms process requests to provide relevant information in search results.
The Company is not a participant in the transaction between the seller and the buyer. Transactions are concluded directly between the Users.
2. General Provisions
The advertisements placed in Qlekta are by no means Qlekta's binding offers.
Any recommendations we provide as part of the Services, such as prices, shipments of goods, advertisements and resource placements, are for informational purposes only, and you decide whether to comply with them or not.
Qlekta is not responsible for concluding or not concluding transactions between Users, as well as for the success of a particular advertisement. Users use the information placed in Qlekta to independently close transactions, assuming all risks and responsibilities. The Company is not responsible for transactions concluded between Users. Qlekta does not determine the legal norms applicable to transactions between Users.
Qlekta is not responsible for the accuracy of the User's identification information or the User's reachability according to the specified contact data.
Even taking into account the fact that we can help in the resolution of conflicts through various software means, the Company has no means of control and does not guarantee the existence, quality, safety and legality of the advertised goods, the truthfulness and accuracy of User advertisements and their content, the sellers' ability to sell the Product and the buyers' ability to pay for it, as well as the fact that the transaction between the buyer or seller will be completed or the Product will be returned.
If in any situation the application of the provisions of the Consumer Rights Protection Law is not mandatory, the rules for commercial users apply.
Any oral agreements, information, promises from Qlekta employees are valid only if the User was subsequently sent a written confirmation, except in cases where legal norms to the contrary apply.
3. Registration in Qlekta
You can register in Qlekta using your mobile phone number and e-mail or through your profile on the social network provided in the Qlekta login form. After registration, we will create your unique profile. Qlekta can only have one profile linked to a specific phone number and/or email at a time.
Google Recaptcha (https://www.google.com/recaptcha/about/) is used to protect against spam and abuse on our platform
If you register with Qlekta through the social network, certain features will be limited for you. To access all the features of the service, you must provide a phone number in your profile. In order to perform certain actions in Qlekta, you must provide the Company with your e-mail address.
If you plan to sell goods in Qlekta, then in accordance with the Digital Services Act, you must provide the Company with the following information:
Private Individuals - name, surname, address, telephone number, e-mail address, information about the current account,
Commercial Users - name, registration number, address, telephone number, e-mail address, information about the current account.
In addition, all traders must electronically demonstrate their commitment to offer to Qlekta only those products and Goods that are permitted by the legal norms of the European Union.
By registering with Qlekta, you guarantee that you have all the rights and powers necessary for the execution of these Terms.
Registration (with Qlekta) establishes a contractual relationship for an indefinite period of time between Qlekta and the User in accordance with these Terms.
ATTENTION:
If the User has registered on the Qlekta platform via Google or via the Facebook social network, then deleting the profile from Google or Facebook will also delete the User's data from our page.
3.1. Entering into a composite contract (for Commercial Users only)
Composite contracts allow you to place a pre-agreed advertisement at a certain price. Additional expenses may be incurred when choosing additional options or exceeding the quota.
The Contract is considered concluded from the moment when the Company accepts the Commercial User's order by providing the User with a service (for example, by sending access data).
The Company is entitled to determine that the acceptance of the order depends on the receipt of an advance or deposit, and may also determine the form of the deposit (for example, bank guarantee).
The Commercial User is responsible for the payment of any state duties and taxes related to the conclusion and execution of the composite contract. If due to changes in the legal framework, payment of additional duties or taxes is required, then the User is also responsible for this.
The composite contract between the Commercial User and the Company is concluded for the term specified in the order, and is automatically extended for 12 months, if it was not terminated within the deadline specified in writing. In this case, the price of the service is automatically adjusted according to the current price list.
4. Information about Users
The information you provide to the Company about yourself must be reliable, relevant and must not violate the laws and rights of third parties. It is your responsibility to update it in your Qlekta profile as necessary.
We may at any time request documents or information from the User, in order to identify or confirm veracity of the provided information or your authority. If the User refuses or cannot provide it, the Company is entitled to restrict access to that User's profile.
The Company cannot guarantee that all the information that Users provide in Qlekta is true and that each User is truly who they say they are. When making transactions and choosing a party to the transaction, be careful.
The Company does not provide third parties with information about the Users and their content that is not posted in places of common access, except in cases specified by law (for example, at the request of various national institutions). At the same time, we cannot be held liable for illegal actions by third parties in relation to your contact data and other information that you have made publicly available.
Detailed information on the processing of Users' personal data is set out in our Privacy Policy.
5. Login (authorization) to Qlekta
You can log in (authorize) to your Qlekta profile using either the mobile phone number/e-mail address specified in your profile or through the social network linked to your profile (hereinafter referred to as the “Login Data”). In the first case, you enter your previously created password, in the second case you need to first authorize in the relevant social network.
You must maintain confidentiality and security of your Qlekta login data. If you have reason to believe that someone has gained unauthorized access thereto, let us know immediately. Otherwise, all actions performed in Qlekta by the person who logged in with your login data will be considered as actions performed by you. You will be responsible for such actions.
6. User-Generated Content
The User is the legal possessor of the information (User Content) posted on Qlekta.
The Company is not a distributor of the User Content. You create, edit, post the User Content, and make it publicly available on Qlekta without any participation or consent on the part of the Company. You undertake to independently ensure its full compliance with the laws and regulations of the Republic of Latvia, the European Union, these Terms and the rules for placing advertisements.
By posting the User Content on Qlekta, you make it available to other Internet users.
The Company is not engaged in censoring the User Content. However, the Company prohibits posting on Qlekta any information that does not comply with the laws of the European Union or any of its Member States. In the event that the Company states the presence of such illegal information in the User Content, the Company immediately blocks such content (see section Blocking and Deleting User Content).
The purpose, with which the Users post the User Content in advertisements and in that part of the profile that other Users see is to establish contacts with potential buyers who are looking for the Product on Qlekta in order to conclude a transaction for the Goods offered by the User in the advertisement.
It is prohibited to collect, extract, record, systematize, use, transfer, distribute, copy, reproduce and perform any other actions regarding the User Content, including the contact information of sellers (including using automated information processing tools) for purposes not provided for in these Terms.
It is not permitted to use the contact information of the Users for purposes other than those provided for in these Terms, including the provision of any commercial, marketing and other inappropriate offers that do not correspond to the purposes of their posting on Qlekta.
7. Posting Advertisements
A full list of advertisement recommendations can be found in our Terms of Use of Digital Services and of Posting of Advertisements. Such recommendations are an integral part of these Terms. Advertisements that do not comply with these Terms will be moderated in accordance with the Content Moderation section.
The contract on posting advertisements or on purchase of additional products/services is concluded by the User expressing their consent to the Company's offer. The User's consent may be expressed: in writing or by electronic mail, or by interactive selection, or by actual use of the services offered by Qlekta.
The Company may expand or change its services at any time and is entitled to place advertising on the website www.qlekta.com and in the Qlekta app. The Company has the right (but is not obliged) to optimize the documents (photo, video materials) provided by the User for publication, or to amend it for security purposes.
Exceptions to competition are not possible.
After the expiration of the specified period, advertisements will automatically be deactivated. If the advertisement was posted for an indefinite period of time, it will remain active until it is deactivated or deleted by the User, but in any case, for no longer than 12 months.
All information about advertising deadlines and full product descriptions can be found on www.qlekta.com.
The Company has the right, but not the obligation, to check the advertisement for compliance with the legislation and offer any changes that turn out to be necessary.
7.1. User Responsibility
The User is fully responsible for checking the advertisement and making any amendments to it both before and after the activation of the advertisement and until the end of the service term. By posting an advertisement, the User unambiguously confirms the form and content of the publication.
The User undertakes to immediately deactivate or delete outdated advertisements (for example, about the sale of Goods already sold earlier).
The User is prohibited from posting advertisements with goods other than watches and their accessories, as well as advertisements with identical or almost identical watches several times (tiny differences in the text or form of submission may also be considered multiple posting of the same advertisement).
Only Goods that are owned and actually possessed by the User may be offered for sale by such User.
8. Content Moderation and Blocking
Qlekta blocks the following advertisements:
- if uncensored, discriminatory, swear or hateful words (expressions) are used in the description of the Product, as well as at the request of the competent authorities, if elements of illegal content have been detected in the content of the advertisement. By swear and/or hate expressions we mean aggressive or degrading statements, harmful stereotypes, inferiority statements, statements expressing contempt, disgust or rejection, rudeness;
- if the advertisement indicates a product that is not related to the topic of the platform (watches and watch accessories);
- if, upon submitting an advertisement, the User adds images that are not related to the product indicated in the text of the advertisement.
Qlekta sends the User a message about the blocking of the advertisement, indicating the reason for the blocking.
The advertisement is moderated or blocked in the following cases:
- if the User indicates in the advertisement the brand of watches that are not in the Qlekta database, i.e. there are reasonable doubts about the correct spelling of the brand name;
- if the User indicates in the advertisement the model of watches that are not in the Qlekta database, i.e. there are reasonable doubts about the correct spelling of the model name of a particular brand;
In the cases indicated above, the advertisement is redirected to moderation, where the presence of a specific model of the watch brand specified by the User or the specified brand is checked. Based on the results of the inspection, the moderator either approves or blocks the advertisement. If the advertisement is blocked, Qlekta sends the User a message about the blocking of the advertisement, indicating the reason for the blocking.
9. Blocking and Deleting a Profile
If the User violates the requirements of the applicable laws and regulations, these Terms, as well as performs other actions against good virtues that harm the reputation or interests of the Company, or actions that affect the functionality of Qlekta, the Company will immediately block the User's profile.
The user shall not be entitled to claim compensation. All agreed fees must be paid. If the User's profile is closed (blocked), the advertisement or other posted content was deleted or the service was terminated, the Company has the right to delete all data uploaded by the User (including photos) from Qlekta without paying the User any compensation.
10. Contacts for Communication and Complaints
Company's contact point: Qlekta, Ltd.
Address: 11A Piestatnes Street (Piestātnes iela), Jurmala, LV-2015, Latvia.
e-mail: [email protected]
The Company's contact point accepts complaints and reports in Latvian, English and Russian.
Institution that supervises the Company's activities: Consumer Rights Protection Centre
Address: 55 Brivibas Street (Brīvības iela), Riga, LV-1050, Latvia,
e-mail: [email protected]
Also, for faster communication, feel free to use the contact form on the site https://www.ptac.gov.lv/lv/sazinai-ar-ptac
The Consumer Rights Protection Centre accepts complaints and reports in Latvian.
The User may submit complaints to the content or illegal activities with the content to the Company's contact point. In case the User is not satisfied with the actions of the Company, the User is entitled to apply to the Consumer Rights Protection Centre.
11. Amendment of the Terms
Any future amendments to these Terms will be published on this website (page) and Qlekta registered users will be sent the corresponding notice to the e-mail specified in their profile.
These terms were last amended on August 31st, 2024.