Terms of Service for Cirkular Ltd.

1. Introduction and Applicability

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Welcome to Cirkular World Ltd (“Cirkular,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our platform, available through our website, mobile application, or any related services operated by Cirkular (collectively, the “Platform”). By accessing, browsing, or using the Platform in any capacity, you acknowledge and agree to be bound by these Terms and Conditions. This includes actions such as creating an account, selling items, or otherwise interacting with the Platform. If you do not agree with these Terms, you must not use the Platform.

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Cirkular is a next-generation empowerment platform designed to help individuals manage their belongings more efficiently, unlock economic value, and promote sustainability. We combine advanced AI-driven technology with deep market insights to simplify the recognition, valuation, and resale of pre-owned items. Beyond selling, our platform empowers users to create a digital inventory of their possessions, track value trends, and explore options for reuse, reinvestment, and environmental impact. We empower individuals to generate income, save time, create pathways for economic impact, and strengthen their control over their belongings. We make the complex simple.

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Key Definitions:

• User/You: Any individual accessing or using the Platform.

• Items: Goods that users catalog or sell on the Platform.

• Offers: Price proposals generated by Cirkular based on AI analysis and market trends.

• Digital Inventory: A curated collection of items a user catalogs on the Platform.

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Your trust is paramount to us. By engaging with Cirkular, you help drive a future where selling is as simple as buying. You make Cirkular into a gateway for a more sustainable and efficient future where managing your belongings more effectively becomes a cornerstone of personal and environmental impact. 

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Beta Testing Disclaimer

Cirkular is currently in its beta phase, which means that the platform, features, and services are undergoing continuous development and refinement. By participating in the beta phase, you acknowledge and accept the following:

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• Experimental Nature: The platform may have limited functionality, temporary features, or experimental designs that are subject to change without prior notice.

• Service Availability: Certain features may not be available or may function differently during the beta phase. Cirkular will make reasonable efforts to provide updates and resolve issues promptly.

• User Feedback: As a beta user, your feedback is invaluable. By participating, you agree to provide honest and constructive input to help improve the platform.

• No Guarantees: Performance, reliability, and accuracy of features (such as AI evaluations or pricing) may vary during this phase. Cirkular does not guarantee uninterrupted or error-free service.

• Temporary Data and Transactions: Any data, transactions, or listings created during the beta phase may be subject to deletion, modification, or migration as the platform evolves.

• Limited Liability: Cirkular is not liable for any inconvenience, loss, or damage arising from the experimental nature of the beta phase, except where required by law.

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By using Cirkular during this beta phase, you agree to these terms and understand that your experience is part of a collaborative effort to shape the platform’s final version.

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2. Scope and Contractual Basis

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1. These Terms and Conditions govern the entire relationship between users ("you") and Cirkular World Ltd (“Cirkular,” “we,” “our,” or “us”), including:

   • The use of the Cirkular platform.

   • All sale and purchase contracts for items sold through the platform.

2. By selling an item through the Platform, you enter into a binding sale agreement with Cirkular under these Terms.

3. No additional or conflicting terms provided by users will be accepted unless expressly agreed to by Cirkular in writing.

4. Cirkular’s services are exclusively intended for private consumers seeking to manage, sell, or recycle their personal belongings. By using the Platform, you confirm that you are acting as an individual consumer and not as a business. If you use the Platform for business purposes contrary to this provision:

   • Cirkular will not be liable for any financial or legal consequences resulting from such use.

   • Business transactions will be subject to applicable commercial laws, including shorter warranty periods, exclusion of consumer protection rights, and transport risk provisions.

   • There is no special invoicing for businesses.

   • Cirkular reserves the right to deny refunds or guarantees that apply exclusively to private consumers.

5. These Terms shall also apply to all logistics, valuation, and service aspects of your transactions with Cirkular.

6. If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The remaining Terms will remain in full force and effect to the maximum extent permitted by law.

7. Contract texts related to transactions on the Platform are stored in compliance with legal accounting regulations. If you wish to access your contract texts or transaction records, please find them stored in your profile section in our app or contact our Customer Service at [email protected]. We recommend saving the contract documents sent to you after each successful sale via email for your records.

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3. Impact Transparency

 

At Cirkular, we believe every action you take on our platform contributes to social empowerment, environmental sustainability and economic progress. By engaging with Cirkular, you’re helping to build a more equitable, sustainable and innovative future.

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1. Environmental Impact

By choosing to catalog, resell, and reinvest through Cirkular, you help reduce waste, minimize the extraction of raw materials, and extend the lifecycle of products. Here's what your environmental contribution could look like:

• CO₂ Emissions Reduction: Every item resold through Cirkular prevents new production, reducing kilograms of CO₂ emissions per item

• Waste Diverted from Landfills: Users collectively save tons of waste annually by giving their belongings a second life instead of discarding them.

• Resource Conservation: Through reuse, you save valuable resources like water, energy, and raw materials. 

We’re working to quantify and transparently report the total environmental benefits generated by the Cirkular community so you can see the tangible difference you’re making.

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2. Social Impact

Your engagement with Cirkular drives meaningful empowerment of the individual and social impact by enabling income generation, empowering communities, and fostering equitable opportunities:

• Income Generation for Everyday Sellers: By making selling as simple as buying and turning assets into liquid value, Cirkular helps unlock additional income for individuals.

• Accessible Economic Opportunities: By simplifying selling and connecting users to reinvestment options, Cirkular makes wealth-building more accessible to everyone, regardless of financial background or expertise.

• NGO and Community Development Support: Through donation options, users can collectively contribute to impactful projects that support planetary health, education, people health, and community development.

• Support for Micro-Entrepreneurs: Users can fund micro-entrepreneurs globally, enabling job creation, fostering economic independence, and strengthening local economies.

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3. Progress and Future-Building

By reinvesting the value of your personal assets, you directly participate in shaping the future.

• Investing in Innovation: Cirkular users fuel cutting-edge solutions to global challenges, from clean energy and healthcare to sustainable agriculture.

• Driving a Liquid Economy: By turning personal belongings into a source of economic empowerment, Cirkular transforms underutilized assets into engines of progress.

• Economic Participation for All: The platform democratizes wealth-building opportunities, turning every user into a creator of progress and innovation.

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Tracking Your Impact

Cirkular is developing tools to help you visualize your contribution to a better world. Your personalized Impact Dashboard will soon allow you to:

• See how much income you’ve generated 

• Track your environmental savings, such as CO₂ emissions avoided

• Monitor the progress of impactful projects you’ve supported

Together, we’re not just redefining how people manage their belongings—we’re unlocking untapped value, driving global progress, and shaping a sustainable economy for everyone.

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4. Registration and Eligibility

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To access and use the Cirkular platform, you must:

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• Legal Age: Meet the legal age of majority or the minimum age required to enter into binding agreements in your jurisdiction. In Germany, the age of majority is 18. Other European Union countries: 18 years old (except Scotland, where it is 16). United States: 18 years old (may vary by state for certain contracts).

• Accurate Information: Provide truthful, accurate, and complete information during the registration process.

• Identity Verification: Complete any required identity authentication processes, such as online identification or comparable, particularly after reaching specific transaction thresholds.

• Acceptance of Terms: By registering or using Cirkular, you acknowledge and accept these Terms, forming a legally binding agreement.

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Cirkular operates as an invite-only platform to ensure a trusted and engaged community. Access can be obtained in two ways:

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a) Through a referral by an existing user, with unique referral link.

b) By joining our waitlist. Waitlist sign-ups may be contacted for a get-to-know to determine compatibility with the platform.

While we welcome all individuals interested in our mission, we reserve the right to determine onboarding eligibility based on various factors, including but not limited to:

• Alignment with Cirkular's values and community guidelines.

• A demonstrated interest in sustainable consumption and responsible resale.

• Capacity to actively contribute to the platform's growth and vibrancy.

• Current platform capacity and user demand.

• Geographic location and access to logistical services.

• Availability of customer support resources

Cirkular retains sole discretion in deciding onboarding eligibility.

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Platform access limitations and usage inquiries

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Cirkular reserves the right to:

• Deny access to users who fail to meet eligibility requirements.

• Limit, suspend, or terminate accounts that violate these Terms or provide false or incomplete information.

• Request additional verification steps to ensure compliance with legal and security standards.

• Investigate any suspected breaches of these Terms or illegal activities on the Platform.

• Initiate legal proceedings against users who violate these Terms or engage in illegal activities.

• Report any suspected illegal activities to law enforcement or other appropriate authorities where we have reasonable grounds to believe such activities have occurred.

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Account Security

• Users are responsible for safeguarding their account credentials.

• Any unauthorized use of your account must be reported to Cirkular immediately.

• Cirkular is not liable for any loss arising from the unauthorized use of your account due to your negligence.

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Multiple Accounts

• Users are limited to one account unless explicitly authorized by Cirkular. Violation of this rule may result in suspension or termination.

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5. Overarching User responsibilities

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When using Cirkular, you agree to

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• Provide accurate, honest, and complete information about the items you upload, including their condition, specifications, and authenticity.

• Use the platform responsibly, without engaging in fraudulent or deceptive activities.

• Refrain from uploading images or descriptions that include nudity, sexually explicit material, hate speech, or other content deemed offensive or inappropriate.

• Refrain from uploading images featuring people, including identifiable faces, without their consent or relevance to the item being sold.

• Attempting to manipulate, hack, or reverse-engineer Cirkular’s algorithms, pricing models, or platform functionality.

• Refrain from uploading malware, viruses, or any material that may harm the platform or other users.

• Respect intellectual property laws, refraining from listing counterfeit, stolen, or otherwise unlawful items.

• Represent and warrant that you are the lawful owner of the item and have the full legal right to sell and transfer ownership to Cirkular.

• Represent and warrant items you sell are free from any claims, liens, or encumbrances by third parties

• Complete identity verification when required, ensuring compliance with Cirkular's policies.

• Comply with hazardous materials and data responsibilities as outlined in section 6 when shipping items or handing them over to our logistics partners / Cirkular riders.

• Follow all applicable laws and regulations relevant to your use of the platform.

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Failure to adhere to these responsibilities may result in account suspension, refusal of services or legal action.

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6. Managing your belongings on Cirkular

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When you manage your belongings on Cirkular:

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1. Catalog, sell and invest: We provide the means to catalog, sell, and invest your belongings, transforming how you manage what you own. By creating a digital inventory, you gain unparalleled control over your possessions and can actively shape their lifecycle:

   • Catalog: You may build a digital inventory to track your items, monitor their value over time, and organize your belongings efficiently.

   • Sell: You may seamlessly identify and sell items for instant financial returns, maximizing convenience and transparency.

   • Invest: You may utilize the proceeds from your sales to explore opportunities for reinvestment through our trusted and reliable partners. The investment feature is currently in beta and may become available in the future, subject to applicable laws and regulations.

2. Accuracy and Transparency: You must ensure truthful and specific information about the condition, specifications, and key features of your item so we can determine the most accurate price and maximize relevance of recommendations. Please refer to sections 5 and 6 for more details on pricing and item characterization.

3. Algorithms and Humans: By using our Platform, you agree that Cirkular’s algorithms are the foundation method for evaluating and determining the condition and pricing of the Items. At the same time, you acknowledge AI assessments are not guarantees but serve as probabilistic estimations, which always need to be validated by users. The user bears ultimate responsibility for accuracy of information on their items.

4. Cirkular Score: You embrace the Cirkular Score as the main trust and transparency building mechanism. The Cirkular Score is our innovative mechanism designed to foster trust, transparency, and engagement within the marketplace. It reflects your reliability, accuracy in item listings, and overall platform behavior. For specific examples and details, please refer to our [Cirkular Score Policy].

   • How It Works: Accurate listings improve your Cirkular Score, leading to better offers and enhanced platform benefits. Stark inaccuracies or repeated discrepancies may decrease your score, affecting offers and platform benefits. Your Cirkular Score may also be influenced by the activities of users you refer.

   • Gamification and Engagement: The Cirkular Score connects to our internal ranking system, enabling users to climb 10 levels that unlock surprises, quizzes, challenges, and rewards. It introduces a gamified experience while fostering ongoing engagement.

   • Social and Trust Signal: The score also serves as a trust-signaling mechanism within the community, enhancing transparency and ensuring a smooth, efficient selling experience for all users.

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7. Item characterization

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• AI-Generated Evaluation: Cirkular’s AI evaluates your items and provides initial descriptions, conditions, and attributes. These serve as a starting point for your review.

• User Validation Required: Users are responsible for reviewing, validating, and correcting any inaccuracies to ensure the details reflect the item’s true nature.

• Item authenticity & ownership: You must not list or attempt to sell any Item that is illegal, counterfeit, stolen, or otherwise fraudulent.

• Authentication for Selected Items: For high-value items, designer goods, collectibles, or similar categories, Cirkular reserves the right to request proof of authenticity or certification to ensure compliance with platform standards. Such proof may include original invoices, manufacturer’s certificates, or other equivalent documentation. Failure to provide satisfactory proof upon request might prevent users from selling these specific items.

• Impact of Inaccuracies: Significant discrepancies, such as undisclosed damage or grossly incorrect specifications, may result in adjustments to your Cirkular Score and other corrective actions.

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8. Valuation and pricing

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1. AI-Powered Pricing: Cirkular’s proprietary AI evaluates your items based on condition, brand, market demand, resale potential, and many more indicators providing an instant offer. This price is designed to maximize convenience and save you time. These valuations are probabilistic estimates at the moment of sale and may differ from the final price Cirkular will achieve when completing the sale to a partner. 

2. Market dynamics: Pricing offers are dynamically influenced by current market trends, geographical factors, demand fluctuations, and resale potential. As such, offers are valid only for a limited time and may change if not accepted promptly.

3. Offer factors: The price offered accounts for all operational factors, including resale channels, logistics and costs to provide the Cirkular services. 

4. Non-Monetary Options for Unsellable Items: If an item does not qualify for resale, Cirkular may suggest alternative options such as recycling or donation, ensuring every item has a second life.

 

Cirkular is not liable for inaccuracies resulting from AI-based evaluations but strives to improve accuracy through continuous updates and user feedback.

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9. Selling items and contractual obligations

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1. Formation of Sales Contract: When you list an item for sale on Cirkular, our platform uses advanced AI to evaluate your item and provide a direct offer. This offer represents the exact amount you will receive if you choose to sell.

   • The user has the chance to review and correct the predictions made by our AI in such a way that they reflect the true and accurate nature and condition of the item at stake for sale.

   • By clicking “Sell”, accepting the offer and confirming the accuracy of the item information, a legally binding sales contract is formed between you and Cirkular.

   • Ownership of the item transfers to Cirkular immediately upon issuing payment, while the user retains physical custody as a temporary custodian until the item is handed over to a designated logistics partner.

2. Offer Validity

   • Instant offer validity: Offers generated by Cirkular are valid only at the moment they are presented. If you choose not to sell immediately, a new offer must be generated at a later time. This means the price offered applies only if you choose to sell immediately.  Once you accept an offer by clicking sell, the amount is fixed and will not be revised.

   • Inventory and 7-Day offer validity: If you wish to secure an offer for a longer period, you can add the item to your Digital Inventory. Provided that all item information remains accurate and unchanged, Cirkular will honor the offer for 7 days from the time the item is added to your inventory. After 7 days, the offer may be revised based on updated market data and AI re-evaluation.

   • Offer dynamism: Subsequent offers may differ from previous offers due to various factors, including market demand fluctuations, availability of comparable items, algorithm updates, and other dynamic conditions. 

3. Item Condition and Verification: The offer is based on the details provided by the user, including condition, specifications, and images. Upon receiving the item:

   • Cirkular verifies its condition and authenticity against the original evaluation.

   • If discrepancies are found, Cirkular reserves the right to adjust the user’s Cirkular Score or take corrective actions, as outlined in our [Cirkular Score Policy].

4. Payments

   • Payments are processed instantly upon sale confirmation and sent to the user’s chosen payment method (e.g., bank account, PayPal).

   • Users are responsible for ensuring the accuracy of their payment details to avoid delays or failed transactions.

5. Right to Cancel

   • Users may cancel a sale any time before the item is picked up or dropped off for shipping.

   • If a sale is canceled users must return the payment in full within 14 days. Failure to comply may result in legal or financial consequences, including offsets against future transactions or debt collection proceedings and account freezing on the platform.

   • Repeated cancellations may lead to account suspension or adjustments to the user’s Cirkular Score.

6. Ownership and Responsibilities

   • A) Responsibility Before Transfer of Ownership

     • Once you confirm the sale of an item and receive payment from Cirkular, ownership of the item transfers to Cirkular. However, you retain physical possession of the item as a temporary custodian until it is handed over to Cirkular or its designated logistics partner. During this period, you agree to the following:

       • Duty of Care: You shall handle the item with the same care and diligence that a reasonable person would exercise with their own property.

       • No Material Alteration: You shall not use the item in any way that materially alters its condition, functionality, or value. This includes but is not limited to: Causing damage to the item; Subjecting the item to excessive wear and tear; Modifying or altering the item in any way; Using the item for purposes beyond its intended use

       • Continued Use: While you may continue to use the item for its intended purpose, such use must be reasonable and not materially affect its condition. Any usage that could potentially impact the item's value or functionality should be avoided.

       • Disclosure of Changes: If any changes occur to the item's condition during your custodianship, you must immediately inform Cirkular through the designated channels within the app. Failure to disclose such changes may result in adjustments to your Cirkular Score or other corrective actions.

       • Secure Storage: You shall store the item in a safe and secure location to prevent damage, loss, or theft.

       • Timely Handover: You shall ensure the timely handover of the item to Cirkular or its logistics partner according to the agreed-upon schedule.

     • During this period, the user is required to ensure its condition remains as described at the time of sale. 

     • Users may continue to use the item as a courtesy, provided such use does not materially alter its condition. Any usage that results in visible damage, excessive wear, or diminished functionality must be flagged on the platform, or otherwise may lead to adjustments to the user's Cirkular Score or other corrective actions.

     • This arrangement is a binding obligation under these Terms.

   • B) Physical reversal of ownership

     • Reversal of ownership is generally excluded once items are in transit or delivered to Cirkular.

     • In exceptional cases, users may request a reversal through designated channels in the app. However, Cirkular retains full discretion over whether to honor such requests.

     • If a reversal is granted, users must refund the payment in full within 14 days, and additional handling or logistics fees may apply.

7. Logistics and Handover

   • After selling an item, users have three options for delivery:

     1. Self-Packing and Drop-Off: Pack the item yourself and deliver it to a designated drop-off point using our prepaid shipping label.

     2. Packing Assistance: Use the provided QR code to drop off the unpacked item at a participating location where it will be professionally packed for you.

     3. Pick-Up Service: Schedule a convenient pick-up time, and our riders or designated logistics partners will collect the item directly from your location, ensuring minimal effort for you.

   • Responsibility and Risk: Risk and responsibility for the item transfer to Cirkular or designated logistics partner upon pickup or posting. Users must ensure items are securely packed or accurately represented during the handover.

   • Special Cases for Delivery Failures: In the rare event of logistical failures (e.g., lost or damaged items), users will not bear liability if all handover and packing guidelines were followed.

   • Shipping compliance: You must comply with all applicable laws and regulations when shipping items, including those concerning hazardous materials. Before shipping any electronic devices, you are responsible for backing up and deleting all personal data. 

   • Hazardous Materials and Data Responsibility

     • Hazardous Materials Compliance:

       • a. Users must comply with all applicable regulations when sending products containing potentially hazardous materials, such as lithium-ion batteries.

       • b. Devices with lithium-ion batteries must have the battery properly inserted into the device before shipping.

       • c. Packages containing more than two devices with batteries, or additional spare batteries, must be labeled in accordance with legal hazardous materials shipping regulations. Cirkular may provide the required labels upon request.

     • Prohibited Shipments: Users must not ship devices with visibly damaged or swollen batteries. Devices with such defects cannot be legally returned. Cirkular will inform the user and offer safe disposal services.

     • Defective Battery Handling: If a defect is detected upon inspection, users will be informed and given the choice of safe return (with or without the battery) or free disposal. Costs associated with safe shipping of defective batteries may be charged to the user.

     • Data Deletion Responsibility:

       • a. Users are required to back up and securely delete all personal data, including contacts, photos, messages, and other files, before sending devices to Cirkular.

       • b. While Cirkular may perform standard resets or data deletions as part of its inspection, the company does not guarantee data security and cannot be held responsible for any residual data accessed by third parties.

8. Multiple Products, High-Volume Listings and Unusual Patterns

   • Each item you sell through Cirkular constitutes a separate contract.

   • Cirkular is designed for private individuals and supports transactions in quantities customary for personal use. If you submit multiple identical items or an unusually large number of products, particularly within the same category or of identical type, we reserve the right to:

     1. Request additional information or documentation, such as proof of ownership for the items.

     2. Adjust offers or classify you as a commercial user, which may be subject to additional terms.

   • While Cirkular welcomes diverse listings, we may conduct additional reviews for submissions that exhibit unusual patterns, such as listings that appear inconsistent with a private individual's usual selling behavior.

   • In cases of unusual submissions, Cirkular may reject the listing, make counteroffers, or contact you for further verification.

9. Handling of Additional or Unlisted Items

   • If additional items are picked up or sent alongside those explicitly listed and sold on the platform, Cirkular will assume these items are also intended for sale unless there is clear evidence to the contrary (e.g., personal documents, cash, or unrelated valuables).

   • Items unintentionally included will be set aside, and users will be contacted by Cirkular’s customer service team to arrange their return.

   • If the items are intended for sale but were not listed, Cirkular may generate an offer based on their evaluation. Ownership will transfer upon acceptance of the offer.

   • Users must notify Cirkular within 14 business days if any additional items included were sent in error and require return.

10. Handling of Unidentified Items

• If Cirkular receives an item that cannot be linked to a user or a specific transaction, the item will be securely stored for a period of six months from the date of receipt.

• During this time, Cirkular will make reasonable efforts including reviewing shipping labels, packaging, and any accompanying documentation to identify the rightful owner through available customer records and communications.

• Any personal data accessed in this process will be handled in accordance with the following principles:

• Data Minimization: We will only access the minimum amount of personal data necessary to identify the owner.

• Purpose Limitation: The data will be used exclusively for identification purposes and will not be processed for any other reason.

• Data Security: We will implement appropriate technical and organizational measures to protect the data from unauthorized access, use, or disclosure.

• Data Deletion: Once the owner is identified or after a reasonable period (not exceeding six months), the personal data will be securely deleted, unless legal obligations require further retention.

• If no owner is identified within this period, ownership of the item will transfer to Cirkular, and it may be resold, recycled, or responsibly disposed of.

• Users are encouraged to contact customer service ([email protected]) promptly if they believe they have inadvertently sent an unregistered item.

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10. Privacy and Data 

By using Cirkular, you consent to the processing of your personal data as described in our Privacy Policy [link]. You agree to keep your account credentials secure and to comply with all applicable data protection laws.

 

• Your Data Subject Rights: Under the GDPR, you have the following rights regarding your personal data:

  • Right of Access: You can request access to your personal data.

  • Right to Rectification: You can request correction of inaccurate or incomplete data.

  • Right to Erasure ('Right to be Forgotten'): You can request deletion of your data under certain conditions.

  • Right to Restriction of Processing: You can request restriction of processing under certain conditions.

  • Right to Data Portability: You can request to receive your data in a portable format.

  • Right to Object: You can object to the processing of your data under certain conditions.

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• To exercise any of these rights or if you have any questions about data protection, please contact us at [email protected]. We will respond to your request within one month. You also have the right to lodge a complaint with a supervisory authority.

• Data Retention: Data is retained as long as required to provide services, comply with legal obligations, or support platform improvements. User data will be deleted upon account termination, subject to applicable retention requirements.

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11. Dispute Resolution and Governing Law

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1. Governing Law: These Terms, and any disputes arising from them, will be governed by the laws of England and Wales, excluding its conflict of law principles. However, if required by mandatory consumer rights or protections in your country of residence, the laws of your jurisdiction will apply.

2. Dispute Resolution Process:

   • Initial Resolution: Users are encouraged to contact us directly at [email protected] to resolve any concerns amicably.

   • Mediation/Arbitration: If unresolved, disputes may be referred to mediation or binding arbitration, as applicable in the user's jurisdiction and as outlined in our Dispute Resolution Policy.

   • Class Actions: By using the Platform, you agree to resolve any disputes with Cirkular on an individual basis and waive your right to participate in class or collective legal actions.

   • Jurisdiction: Disputes that proceed to court will be subject to the exclusive jurisdiction of the courts of London, England, except where local consumer protection laws mandate jurisdiction in your place of residence.

3. Exclusions: Claims for injunctive relief or intellectual property violations may bypass the above processes and proceed directly to court.

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12. Limitation of Liability

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1. Scope of Liability: To the fullest extent permitted by applicable law, Cirkular, its directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, revenue, goodwill, data, or other intangible losses arising from:

• Challenges or difficulties in accessing or using the Platform. 

• Errors, inaccuracies, or omissions in pricing, AI evaluations, or item descriptions.

• Delays, interruptions, or failures in the Platform’s functionality or operations.

• Actions or inactions of third-party service providers (e.g., logistics partners).

• Loss of data remaining on devices sold to Cirkular.

Neither party shall be liable for any delay or failure to perform its obligations under these Terms and Conditions due to any cause beyond its reasonable control, including but not limited to Acts of God, such as earthquakes, floods, storms, or fires; War, terrorism, or civil unrest; Government regulations or embargoes; Labor strikes or lockouts; Pandemics or epidemics; Major disruptions to transportation, communication, or energy supply. The party affected by such an event shall promptly notify the other party and shall use reasonable efforts to mitigate the effects of the force majeure event. The obligations of the affected party shall be suspended during the period of the force majeure event, but only for so long as the event prevents performance.   

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Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law. Our total liability to you shall not exceed the amount paid to you for the item in question.

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2. User Responsibility: You are solely responsible for:

• Ensuring the accuracy and completeness of information provided about your items.

• Adhering to platform guidelines and safeguarding your account credentials.

• Complying with applicable laws and regulations regarding item ownership, authenticity, and sales.

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3. Indemnification and Maximum Liability: 

• You agree to indemnify and hold harmless Cirkular from any claims, liabilities, damages, or expenses (including legal fees) arising from:

  • Disputes or claims by third parties regarding the ownership or rights to the item.

  • Any breach of your representations and warranties regarding the item.

  • Any claims arising from the content you upload.

• In all cases, Cirkular's total liability, whether in contract, tort, or otherwise, shall not exceed the amount paid to you for the item in question.

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13. Termination

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1. User Termination: You may terminate your account at any time by notifying us through the app or email. Termination will require confirmation to prevent accidental closures. Upon termination:

   • All active sales will be canceled.

   • Access to the platform will be revoked.

   • Certain data may be retained as required by law or outlined in our Privacy Policy.

   • You may request a copy of your personal data before termination, subject to applicable legal and privacy requirements.

   • If you wish to reinstate your account, you must contact Cirkular's support team at [email protected] within 30 days. Reinstatement will be subject to review and approval.

2. Cirkular Termination: We may suspend or terminate your account immediately if:

   • You breach these Terms.

   • We suspect fraudulent, unlawful or harmful behavior.

   • Termination is required by legal or regulatory obligations.

   • Reinstatement following termination by Cirkular is at our sole discretion. Users may appeal the decision by contacting support at [email protected] with a detailed explanation within 14 days.

   • Where possible, we will notify you before termination unless the breach is serious.

3. Effect of Termination: Transactions already completed will remain binding. Ongoing deliveries or pickups already scheduled will proceed unless explicitly canceled. Reversal of ownership for cancellations follows the outlined principles outlined in section 8. Upon termination, all personal data will be processed as per our Privacy Policy, including deletion unless required for legal or compliance purposes.

 

14. Amendments to Terms

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1. Notification of Changes: Cirkular reserves the right to update these Terms periodically. When updates occur, we will notify users through the "Last Updated" date at the top of these Terms, and, for significant changes, via email or platform notifications. Users will be notified of significant changes 30 days in advance.

   • Significant changes to these Terms include any modifications that materially affect your rights or obligations, introduce new fees or charges, or alter the core terms of the agreement, including those related to formation of sales contracts, data privacy, dispute resolution, or governing law.

2. Continued Use: By continuing to use the platform after receiving notice of changes, you agree to the updated Terms.

3. Opt-Out Rights: If you disagree with the changes, you may terminate your account and discontinue use of the platform.

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15. Contact Information

If you have any questions or feedback regarding these Terms or our platform, please contact us at:

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Cirkular World Ltd

71-75 Shelton Street Covent Garden

WC2H9JQ

London

Email: [email protected]

 

We are committed to responding promptly.