Terms and Conditions

Last Updated: February 2024

1. Introduction

Welcome to Declutter Ltd. (“the Platform”). These Terms and Conditions (“Terms”) govern your use of our Platform and the services provided therein. By using the Platform, you agree to abide by these Terms. If you do not agree to these Terms, please do not use our Platform.

Declutter Ltd, a registered company in Malta, operates the Service under the following details:

  • Company Registration Name: DECLUTTER LTD.
  • Company Registration Number: C106249
  • VAT number: 30462603

2. Definitions

  • “User” refers to any person or entity accessing or using the Platform.
  • “Seller” refers to individuals or entities offering products for sale on the Platform.
  • “Buyer” refers to individuals or entities purchasing products through the Platform.

3. User Registration

To access certain features of the website, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Maintain the confidentiality of your password and any other security information provided to you. Do not share this information with anyone else. Passwords should be strong and secure to protect your online accounts from unauthorised access.

If you suspect that someone other than yourself knows your password, please change your password and notify us promptly.

3.1 Registration and Verification: 

Our registration and verification process includes:

  1. Registration: Create your account
  2. Profile Enhancement: We encourage sellers to complete their profiles by providing essential information to build trust.
  3. Verification: We implement several verification measures for trust and safety, including email and phone verification, comprehensive profiles, user ratings and reviews, and identity verification (through our payment portal provider).
  4. User Agreement: Users must agree to our terms and conditions, ensuring a secure and reliable shopping experience. This process is completed during the form submission when you agree to the Terms and Conditions, via the checkbox.

4. Use of the Platform

4.1. Eligibility: You must be of legal age and have the legal capacity to enter into binding agreements to use the Platform. Additionally, we conduct a KYC (Know Your Customer) verification on all users to ensure the safety and security of the platform. Users must provide accurate information, including a working telephone number, as part of our KYC process. Sellers would also require proof of identification through our payment portal provider, Stripe.

4.2. Service Overview: Declutter is an online marketplace that enables users to buy and sell second-hand retail items. Our Service allows you to browse and purchase items listed by sellers on the platform. To ensure a positive experience for all users, you must honor the commitments made to sellers when using the Service and adhere to the Terms of Service and Policies.

Declutter enables users to buy and sell items from other third-party users within Malta.

It is crucial to list only items that comply with these Terms of Service and our Policies.

Sellers are responsible for ensuring that items are safe, legally compliant, fit for purpose, and match the description provided in the listing. Any wear marks or defects should be clearly pointed out.

Age-restricted items must be clearly marked with the applicable age restriction, as required by law. Buyers agree not to purchase items if they are below the advertised and legal age restriction.

4.3 Retail Purpose:

The Declutter Platform is designed and intended for retail purposes only. Users of the platform are expected to engage in buying and selling items consistent with the typical retail experience. Any use of the platform for non-retail or commercial purposes may be subject to additional terms or restrictions, as determined by Declutter Ltd. This includes but is not limited to wholesale trading, bulk transactions, or commercial activities not in line with standard retail practices.

4.4. Buying and selling:

  • Making a purchase establishes an agreement solely between you and the seller.
  • If you are a seller, the agreement for your items is solely between you and the buyer.

4.5. Declutter Commission: Declutter reserves the right to charge a commission on each sale made through the platform. As of the date of these Terms, the commission is set at 20% of the total sale amount. However, please note that the commission rate is subject to change at our discretion, and any changes will be communicated to users in advance. By using the Declutter platform, you agree to the commission rate in effect at the time of each transaction.

4.6. Prohibited Activities: You agree not to engage in any of the following activities on the Platform:

  • Engage in illegal activities or activities that violate applicable laws.
  • Use the Service for improper purposes.
  • List or sell items on the List of Prohibited and Restricted Items.
  • Post User Content that violates these Terms of Service or our Policies.
  • Engage in fraudulent or deceptive practices or post User Content that is false or misleading.
  • Use or share another user’s User Content without their consent, except for User Content populated on Declutter.
  • Modify, interfere with, intercept, disrupt, or hack the Service, including any internal software capabilities.
  • Inappropriate Material: Content that is sexually explicit, pornographic, obscene, or otherwise inappropriate, as determined by Declutter at its sole discretion.
  • Hateful or Offensive Content: Content that promotes discrimination, hatred, or violence against individuals or groups based on race, ethnicity, religion, gender, disability, or any other characteristic.
  • Misuse the Service by introducing viruses, Trojans, worms, or other harmful materials.
  • Content that is deceptive, false, or intended to mislead users, as well as any form of spam or unauthorised advertising.
  • Collect data from the Service in violation of the Terms of Service.
  • Use any content that belongs to someone else without their permission or breach our Intellectual Property Policy.
  • Unverified Health Claims: Content that promotes unverified or unproven health claims or remedies, potentially endangering users’ well-being.
  • Make use of the materials and content for any purpose other than using the Service in accordance with the Terms of Service.
  • Transfer your right to use the Service to another person.
  • Disclose private or confidential information about yourself or another person.
  • Offer to sell an item that you do not possess, unless you have personally designed it.
  • Engage in bullying, threats, defamation, abuse, spam, harassment, or inappropriate behavior towards others.
  • Support, praise, glorify, represent, or depict terrorist or extremist organizations or known members of such organizations.
  • Link to third-party websites, apps, or platforms.
  • Coordinate pricing with other sellers.
  • Create more than one Account without our agreement.
  • Allow another person to use the Service under your name or on your behalf.
  • Content that falsely represents oneself as another person or entity, aiming to deceive or cause harm to others.
  • Interfere with or manipulate any ratings or user feedback system.

This list is not exhaustive, and Declutter reserves the right to determine, at its sole discretion, whether any user-generated content violates these Terms of Service. Users must adhere to these content guidelines while using the platform.

For more information please review our prohibited items and activities page here.

4.7. Account blocking: Failure to comply with the Terms of Service or our Policies may result in actions such as the removal of User Content, temporary or permanent suspension of your right to use the Service and/or legal action.

4.8. Enforcement: We may, at our discretion and without notice, remove any User Content, items, or accounts that violate these Terms of Service or our Policies. Repeated violations may result in account suspension or termination. We reserve the right to block or suspend user accounts at our discretion, without notice, if we have reasonable grounds to believe that a user has violated these Terms or engaged in any activities that threaten the safety or integrity of the platform.

5. Reporting Unauthorised Content

Let us know if you think any content on Declutter infringes your rights or does not comply with these Terms of Service or our Intellectual Property Policy, and we will take action as appropriate.

We have great respect for intellectual property rights and are committed to following appropriate legal procedures to remove infringing content from the platform. If you believe that any content available on Declutter infringes your rights or fails to comply with these Terms of Service, please notify us by emailing [email protected].

We will take action that we deem appropriate based on the nature of the Infringement Report and will aim to respond to you within a reasonable period to inform you of the action we propose to take.

6. Product Listings and Transactions

6.1. Seller Responsibilities: Sellers are responsible for the accuracy of product listings, including descriptions, prices, and availability. Sellers must also comply with all applicable laws and regulations related to product sales and shipping.

6.2. Buyer Responsibilities: Buyers are responsible for reviewing product listings, making informed purchase decisions, and complying with payment and shipping terms.

6.3. High-Value Transactions Risk: At Declutter, we are committed to providing a safe and secure marketplace for all our users. To ensure the authenticity and reliability of high-value items listed on our platform, we have implemented specific measures:

6.3.1. Approval Process: For any transaction with a value exceeding €250, the item will be displayed on the platform only after approval by an admin. Our administrators will thoroughly assess the item, including its certificates, labels, and photos provided by the seller. This step is designed to maintain the integrity of high-value transactions.

6.3.2. Additional Validation: In certain cases, we may request further validation to confirm the authenticity of high-value items. This may include additional photographs or documentation to provide extra assurance to potential buyers.

6.3.3. Tracked Postage: To enhance security for higher-value transactions, we encourage tracked postage. This means that sellers should use shipping methods that provide tracking information for the item. This ensures that both buyers and sellers benefit from our Buyer/Seller Protection program. Transactions without tracked shipping are not eligible for this added layer of protection.

7. How are items paid for on Declutter?

7.1. All items purchased on Declutter Ltd. must be paid for using Stripe. No other payment methods are allowed.

  • Payment for transactions must take place via our third-party payment provider, Stripe.
  • In order to list an item for sale on Declutter, you must sign up for Stripe and connect a verified Stripe account to your Declutter account.
  • If we need to reimburse a buyer, it will be processed through Stripe.
  • Requesting, making, or accepting payment for an item in any other way is a serious breach of the Terms. It may result in us suspending or terminating your access to the Service in accordance with these Terms of Service.
  • Payments not made via Stripe are not eligible for Buyer/Seller protection.

8. Shipping

8.1. Sellers are responsible for packing and shipping items to buyers. As a seller, you agree to:

    • Dispatch your item to the buyer’s address as soon as possible and in accordance with any timelines set out in your shop policies. In order to qualify for Declutter Protection, you must be able to demonstrate that your item was shipped in accordance with the timelines set out in the Declutter Protection Programme (maximum 15 days) for sellers and provide valid proof of tracked shipping in case the item does not arrive with your buyer. Valid proof of tracked shipping must show that the item was actually dispatched and sent to the buyer’s address within Malta.
    • Comply with all local delivery and customs regulations within Malta.
    • Sellers must ship the item within 15 days at the absolute maximum otherwise they will not be entitled to the seller protection and the funds will automatically be refunded to the buyer. 

9. Seller Fees

Certain fees will be payable by you when you use the Services to sell an item on Declutter.

  • When selling an item, you agree to pay us a fee on the total transaction amount received in, respect of any sale (Fee).
  • The fee to Declutter will be deducted directly from the funds transferred to you via Stripe.
  • We will provide sellers with an invoice detailing the Fee paid for each transaction.
  • The Fee is inclusive of VAT or other sales taxes (where applicable).

10. Buyer and Seller Protection

At Declutter, we prioritise a secure and equitable trading environment for our users. We’re committed to ensuring that transactions proceed smoothly, protecting both buyers and sellers. In cases where all parties adhere to the rules and an item is genuinely lost in transit, yet a mutual agreement cannot be reached, Declutter will take action. If such a situation arises, we will issue a refund to the buyer without deducting any funds from the seller. This demonstrates our commitment to upholding fairness and trust in our marketplace.

It’s important to be aware that exceptions to our buyer and seller protection exist to ensure the platform’s integrity. These exceptions encompass situations where users engage in practices that may compromise the standard transaction processes. The exceptions include:

10.1. Payment Outside of Declutter: Buyer and seller protection will not cover transactions in which payments are made outside of the Declutter payment portal, Stripe. To ensure the security and integrity of transactions, we strongly encourage all users to utilise our designated payment system.

10.2. Untracked Parcels: In cases where a seller ships an item without utilizing a tracked shipping method and the buyer does not receive the parcel, seller protection may not apply. Sellers are responsible for ensuring proper tracking for shipped items. In such instances, Declutter will intervene and issue a refund to the buyer.

Please be aware of these exceptions, as they are integral to the fair and transparent use of our platform. We encourage users to adhere to the recommended practices to maximise the benefits of our buyer and seller protection mechanisms. If you have further inquiries or require assistance regarding these exceptions, our support team is available to assist at [email protected].

Your use of Declutter implies your acknowledgment of these exceptions to buyer and seller protection.

11. Dispute Resolution

Any disputes between users should be resolved directly between the parties involved. We may, at our discretion, provide dispute resolution mechanisms on the Platform.

11.1. Sellers bear the ultimate responsibility for the items they sell to buyers on Declutter. While Declutter can offer support in resolving disputes between users, buyers are encouraged to engage directly with sellers to resolve any disputes.

11.2. To raise an issue or dispute with another Declutter user, please follow these steps:

  • For Undelivered Items: Before initiating a dispute, buyers should first message the seller through the Declutter messaging platform to attempt to resolve the issue directly. If the issue cannot be resolved between the buyer and seller, then the buyer should proceed to raise a dispute.
  • For Items Not as Described or Other Issues: If you’ve received an item that doesn’t match its description or encounter any other issues, open a dispute.

If a dispute is escalated to Declutter or a case is opened, Declutter will make a good-faith attempt to assist in resolving the dispute, based solely on the interpretation of Declutter’s Policies, at its sole discretion. Declutter will not make judgments regarding legal issues or claims. Users must adhere to all timelines set by Declutter during the dispute resolution process. It should be noted that Declutter is not obligated to resolve any disputes. However, sellers agree that Declutter may resolve a dispute or case on their behalf, which may include issuing a refund to the buyer and recouping funds from their connected Stripe account.

11.3. Users may be eligible for Declutter Protection, which provides coverage for buyers and sellers.

12. User Ratings and Reviews

Our website enables buyers to rate and review sellers based on their transactions. This system promotes transparency and trust within our community. Ratings and reviews are valuable tools for users to share their experiences and for others to make informed decisions.

13. Messaging Feature

Declutter Ltd. provides a messaging feature (“Messaging Feature”) to facilitate communication between users within the Platform. The Messaging Feature is intended solely for discussions related to transactions, inquiries about products, and other platform-related purposes.

13.1. User Responsibilities: By using the Messaging Feature, you agree to:

13.1.1. Use the Messaging Feature responsibly and in compliance with these Terms and any applicable laws.

13.1.2. Refrain from sending spam, abusive messages, or any content that violates our policies.

13.1.3. Protect your personal information and exercise caution when sharing sensitive information through the Messaging Feature.

13.2. Monitoring: Declutter Ltd. may monitor messages exchanged through the Messaging Feature to ensure compliance with these Terms and our policies. However, we do not assume responsibility for the content of user messages.

13.3. Content Ownership: Users retain ownership of the messages they send through the Messaging Feature. By using the Messaging Feature, you grant Declutter Ltd. a license to use, reproduce, and display these messages as necessary for the operation and improvement of the Platform.

13.4. Limitation of Liability: Declutter Ltd. is not liable for any damages or losses arising from the use of the Messaging Feature, including but not limited to indirect, incidental, or consequential damages.

13.5. Prohibited Transactions: Users are prohibited from using the Messaging Feature to complete transactions outside of the Declutter Platform. Any attempt to bypass the platform’s transaction processes, including but not limited to completing sales or purchases through direct messaging, is a violation of these Terms. Users found engaging in such activities may have their accounts suspended or terminated at Declutter Ltd.’s discretion.

13.6. Termination of Access: Declutter Ltd. reserves the right to suspend or terminate access to the Messaging Feature for any user who violates these Terms or abuses the Messaging Feature. We reserve the right to terminate or suspend your account and access to the Platform at our sole discretion, without notice, for any violation of these Terms.

14. Termination

We reserve the right to terminate or suspend your account and access to the Platform at our sole discretion, without notice, for any violation of these Terms.

15. Ending your relationship with Declutter

At Declutter, we respect your autonomy, and you have the freedom to terminate your relationship with our platform at any time. However, there are a few essential considerations to keep in mind when closing your account:

15.1. Settling Pending Payments/Orders: Before closing your account, all pending payments must be settled. If you have pending orders, please ensure they are completed or refunds have been issued as appropriate. This is crucial to maintain the integrity of transactions on our platform.

15.2. Data Retention: We take data privacy seriously and adhere to GDPR standards. As such, your data will be retained in accordance with these standards. We value your privacy, and our data practices are designed to protect your personal information.

15.3. Proof of Identity: In our ongoing efforts to safeguard our platform from spam and misuse, we may intervene by requesting proof of identity if we suspect that an account closure request is motivated by spam or unauthorised access.

Please note that these requirements are in place to ensure that your account closure is a smooth and secure process. We encourage you to reach out to our support team if you have any questions or need assistance with account closure.

Your decision to close your Declutter account is entirely your choice, and we appreciate the trust you’ve placed in our platform during your time with us.

16. Privacy and Data Protection

16.1. Privacy Policy: Our Privacy Policy outlines how we collect, use, and protect your personal information. By using the Platform, you consent to our Privacy Policy. For more details, click here. 

16.2. Cookies: We use cookies in accordance with our Cookie Policy. By using the Platform, you consent to our use of cookies. For more details, click here.

16.3. GDPR Compliance: Your use of the Platform is subject to our compliance with the General Data Protection Regulation (GDPR). To learn more about how we handle your personal data and your rights under GDPR, please refer to our Privacy Policy.

17. Intellectual Property

17.1. Platform Content: All content on the Platform, including text, images, trademarks, and logos, is the property of Declutter Ltd. or its licensors and is protected by intellectual property laws.

17.2. User Content: Users retain ownership of their content posted on the Platform but grant Declutter Ltd. a worldwide, non-exclusive license to use, reproduce, and distribute the content as necessary for Platform operation.

18. Changes to Terms and Platform

We may modify these Terms and the Platform at any time. You will be notified of significant changes. Your continued use of the Platform after changes constitute acceptance of the modified Terms.

19. Governing Law and Jurisdiction

These Terms are governed by Maltese law, and any disputes shall be subject to the exclusive jurisdiction of Maltese courts.

20. Contact Information

For any questions or concerns about these Terms or the Platform, please contact us at [email protected].