Poykee is a marketplace where you can sell art directly to buyers around the world. We want to make sure that you and your buyers have a positive experience on Poykee. Please read on to find out more about your rights, as well as what is expected of you, as a seller. Poykee is acting as a trusted third party and enables contact between the Buyers and Sellers. In this role, it is specified that Poykee, who is neither a Seller, nor a Buyer, does not have any control over the sales made by the Users on the Website and cannot be held liable in this respect, in any capacity. These General Terms and Conditions form the complete agreement between the Parties and replace any previous agreement or arrangement, spoken or written that may link them.
In return for using the Website, the Seller authorises Poykee to retain Commission on the Price of the Article; the applicable rate has been agreed in advance by the Seller and Poykee. The applicable rates are as follows: 8% excluding tax.
1. What Can be Sold on Poykee
Poykee is a unique marketplace. Buyers come here to purchase items that they might not find anywhere else. Everything listed for sale on Poykee must be original art.
2. What Can't be Sold on Poykee
Even if they otherwise meet our marketplace criteria, prohibited items, services, and items that violate our intellectual property policies are not allowed to be sold on Poykee.
The main characteristics of the Article that they are selling (nature and functions of the Article, colour(s), material(s), age, style, dimensions, etc.); If the Article is inspired by the work of a well-known designer (without being an original piece), the Seller may only refer to the designer by indicating that the Article is "in the style of...". If the Seller puts an Article up for sale that is a re-edition, they undertake to specify this in the Advertisement and are not permitted to present the Article as an original piece.
3. Representing Yourself, Your Shop, and Your Listings Honestly
At Poykee, we value transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business.
By selling on Poykee, you agree that you will:
The User acknowledges that no property will be transferred to them, and no right or licence will be granted to them, other than the right to use the Website for the duration of the Contract. Any use of elements of the Website that is not expressly authorised will result in the civil and/or criminal liability of the perpetrator and will be subject to judicial action being taken against them. Registered trademarks, product names and names or logos appearing on the Website belong to their respective owners. References to products, services or other information by quoting a trade name, a logo, a brand, a manufacturer, a supplier or other, does not constitute and does not imply acceptance, sponsorship, a partnership or a recommendation on the part of Poykee.
4. Communicating with Other Poykee Members and Privacy
You can communicate directly with your buyers or other Poykee members. Messages are a great way for buyers to ask you questions about an item or an order.
Messages may not be used for the following activities:
Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on Poykee.
Examples of interference include:
Harassment: Any use of Poykee messages to harass other members is strictly prohibited. Similarly, Conversations may not be used to support or glorify. If you receive a Convo that violates this policy, please let us know right away.
5. Privacy and Protecting Personal Information
Only the Sellers are responsible for the Advertisements placed on the Website and the information that they contain on the sale of the Articles through the Website and the handling of any complaints made by Buyers; the latter are solely responsible for their purchases made through the Website, as well as all actions that they may take on or through said Website.
The fact that any User has ticked the box "I have read the Terms and Conditions and agree to adhere to them unconditionally" upon registering on the Website constitutes the irrevocable acceptance, without exception, of all of these stipulations. Said acceptance shall take effect as of the date of registration on the Website by the User and shall apply for the duration of the Contract. These Terms and Conditions form a contract between Poykee and the User.
The User declares and guarantees that they have the legal capacity to enter into a contract and, if they represent a company or any other legal entity, that they are authorised to act in the name and on behalf of said company or entity. These Terms and Conditions shall prevail between Poykee and the User over any other contractual or non-contractual document issued by a Seller and/or a Buyer. Poykee reserves the right to modify these Terms and Condtions at any time.
Any modification shall immediately take effect upon publication of the new version of the Terms and Conditions on the Website. Therefore, the User undertakes to regularly consult the Terms and Conditions of the Website in order to be aware of any modifications that have been made. The Client may request to be informed of the modified Terms and Conditions. The User is free to cancel their registration on the Website in accordance with the procedures set out below if they do not agree with the modified Terms and Conditions. By default, they shall be considered to have accepted without reserve the new version of the Terms and Conditions.
This data is stored in Israel. If the User wishes to know how Poykee uses his Personal Data, to request that this data be amended or to object to its processing, the User can contact Poykee in writing at the following by email at [email protected];
6. Creating and Uploading Content
As a member of Poykee, you have the opportunity to create and upload a variety of content, like listings, Convos, text, photos, and videos. In order to keep our community safe and respectful, you agree that you will not upload content that is:
7. Building a Positive Reputation Through our Reviews System
Reviews are a great way for you to build a reputation on Poykee. Buyers can leave a review, including a one to five star rating. On the rare occasion you receive an unfavorable review, you can reach out to the buyer.
Reviews and your response to reviews may not:
8. Providing Great Customer Service
We expect our sellers to provide a high level of customer service. By selling on Poykee, you agree to:
9. Responding to Requests for Cancellations, Returns, and Exchanges
Please be aware that in addition to this policy, each country has its own laws surrounding shipping, cancellations, returns, and exchanges. Please familiarize yourself with the laws of your own country and those of your buyers’ countries.
If you are unable to complete a transaction, you must notify the buyer via messages and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises.
European Union Right of Withdrawal
Buyers in the European Union (EU) may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any reason. The details of this right vary by EU member state. The right of withdrawal does not apply to custom items or certain perishable goods. Rights with respect to digital items vary by EU member state.
Poykee’s Case System
We ask buyers to contact sellers directly and attempt to resolve any outstanding issues before opening a case on Poykee. For this reason, it is important that you fill out your shop policies and regularly respond to Conversations from your buyers.
The Seller is solely liable for the successful delivery of the Article ordered by the Buyer within the above-mentioned periods. The risks linked to the delivery are assumed by the Seller, who is responsible for taking action against the delivery firm if necessary.
The Seller undertakes to describe the characteristics of the Article as accurately as possible in the Advertisement. The Seller must also answer any Questions asked by Users referring to the Article on sale as accurately as possible.
Buyers may file a case for a non-delivery or a not-as-described item. You must respond to any open cases within three days or the time frame noted by Et Poykee in the case. Poykee may request your assistance in resolving a case opened against your shop. Poykee reserves the right to escalate a case early for circumstances such as seller inactivity, harassment, refusal of service, case manipulation, and undermining the integrity of the case system.
Cases can be filed in the following circumstances:
- There is no proof that the item was shipped to the buyer.
- An item was not sent to the address provided on Poykee.
- The item received is a different color, model, version, or size.
- The item has a different design or material.
- The seller failed to disclose that an item is damaged or is missing parts.
- The buyer received the incorrect quantity of items (e.g., the buyer purchased three items but only received two).
- The item was advertised as authentic but is not authentic.
- The condition of the item is misrepresented (e.g., the item is described as new but is used). If Poykee determines that an item is not as described, you will be required to refund the order, including original shipping and return shipping.
- Items that are damaged by the shipping carrier (if properly packaged by the seller).
- Items that have been altered, used, worn, washed, or discarded after receipt.
- Items that are received after the agreed-upon delivery date due to shipping delays.
- Items that are returned without a return agreement.
- Items that are accurately described but don’t meet a buyer's expectations.
- Cost of shipping disputes.
- Items that are purchased in person.
- Items prohibited from sale on Poykee , including services and intangible goods.
- When a dispute is ineligible for our case system, we encourage both parties to work together to come to an amicable solution.
10. Registration on the website
To be able to buy or sell Articles on the Website, the User must register on the Website by creating an account. Registration on the Website is free of charge and accessible to any individual User over 18 years of age, as well as any legal entity.
Any User who wishes to sell their products on the Website is under obligation to provide Poykee with their personal details. Furthermore, Poykee is authorised to gather documents proving the Seller's identity. These documents may be requested by the teams at Poykee and are used with the sole aim of guaranteeing the security of financial transactions and fighting against fraud. Sellers may request the list of supporting documents that they are to send to Poykee in order to receive authorisation to sell on the Website by sending an e-mail to [email protected]
When registering on the Website the User may choose to follow Poykee's news by clicking on the box provided for this purpose. By providing their postal address, the User accepts that Poykee will handle details relating to their location. The handling of this data allows the User: to search for Articles based on their own location or another location; to enable other Users to identify any Article put up for sale on the Website in a specific location.
When registering, the User will choose a username and password. The User undertakes not to register under a name that is liable to infringe upon third party rights (brand, corporate name, business name, etc.). The username and password will be strictly personal and confidential and the User is to use them in such a way that they remain confidential.
With the aim of enabling the User not to have to identify themselves every time they access the Service on the same day, except for the first time, Poykee uses session cookies. These computer files allow the User to be identified when connecting to the Website.
Poykee also uses third-party cookies. The third parties authorised to access the data gathered in the third-party cookies by Poykee undertake to use the data in accordance with the law and to protect the privacy of internet users. The User may access all the information contained in the files relating to the cookies used by Poykee by submitting a request by email to the address [email protected]
of the Users
The Seller is solely liable for the successful completion of the sales contract that they enter into with the Buyer. The Seller shall safeguard Poykee against any damages incurred by Poykee and/or against any action for damages that may be taken against Poykee regarding an operation carried out by the Seller on the Website.
Poykee shall only be liable for damages directly incurred by the User, whereby it is established that said damages have resulted from Poykee's failure to fulfil their obligations. On the other hand, Poykee may under no circumstances be held liable for: - damages caused by the User or a third party, or resulting from a case of force majeure; - indirect damages, including but not limited to operating losses (turnover, revenue or profits), lost opportunities, lost data, damage caused to image or reputation, commercial or economic detriment, possible cessation of the User's activity.
Poykee will not intervene in the contractual relationship between the two parties, other than providing the Website in order to facilitate contact between the Buyer and the Seller. In particular, Poykee will not intervene in any way as an authorised representative, broker or agent of either of the parties and shall be totally uninvolved with contractual relationships that are likely to be concluded directly or indirectly between the Buyer and the Seller via the Website or otherwise. As a result, PoykeeE, who is not involved in the contractual or non-contractual relationships between the Buyer and the Seller, may not be held liable, for any reason, for any damage of any kind resulting from said relationships, vis-à-vis the Buyer, the Seller or third parties.
13. Cancellation of the contract/store
of the Users
Any User may demand cancellation of their registration on the Website by sending a request to Poykee by email at : [email protected]
Cancellation of their registration will result in cancellation of the Contract.This cancellation will take effect within thirty (30) clear days as of receipt of the request to cancel the registration by Poykee
Poykee reserves the right to rightfully cancel the Contract without prior notice or formality in the event of the User's failure to fulfil their obligations as set out herein. Cancellation of the Contract will result in the immediate cancellation of the User's registration. The User will be informed of said cancellation by email at the address provided during registration. Cancellation shall take place notwithstanding any damages and interests that Poykee may claim to remedy damage incurred due to any breach that the User is held responsible for.
The duration of the Contract is equal to the duration of the User's registration on the Website. The Parties acknowledge and accept that they may not in any case make a commitment in the name and/or on behalf of the other party. Furthermore, each of the Parties shall remain solely responsible for their actions, allegations, commitments and services.
The Parties acknowledge and accept that they shall act independently of each other and, in particular, that Poykee purely plays the role of middleman between the Sellers and Buyers, in such a way that they are a third party to the relationships formed between the Parties and this Contract may by no means be considered to establish a de facto corporation, a silent partnership or any other situation resulting in any reciprocal representation or solidarity between them in terms of their respective creditors.
Any unforeseeable event beyond the control of the Parties such as (and not limited to) acts of war or terrorism, criminal acts, riots, natural or industrial catastrophes, explosions, legal demands and other legislative or regulatory provisions restricting Poykee from carrying out their activity, interruptions in electronic communication networks for reasons beyond Poykee's control, etc., are to be considered cases of force majeure. In the event of force majeure, Poykee may be forced to suspend Website activity. The effects of the Contract will then be suspended and will resume once the situation of force majeure has come to an end and will continue for the duration of the Contract remaining as of the moment of suspension.
The validity, interpretation, execution or cancellation of the Contract and any consequences thereof are governed by Israeli law and construed in accordance therewith. The resolution of any dispute or disagreement regarding the validity, interpretation, execution or cancellation of the Contract and any consequences will be subject to the exclusive competence of the jurisdictions of the Israeli court, even in the event of emergency interim proceedings, incidental claims, warranty claims or multiple defendants.
14. Website interruption
Poykee undertakes to make every effort to ensure the proper functioning of the Website and its accessibility by the User, but they are only bound by an obligation of means regarding the continuity of access to the Website. Poykee does not guarantee the continued existence or performance of the Website.
Poykee reserves the right to suspend access to the Website, temporarily or permanently, without prior notice. They may interrupt access to the Website, mainly for maintenance reasons, updates and in the event of an emergency. The temporary or permanent interruption of the Website shall not constitute a ground for liability on the part of Poykee, and will not grant the User any right to indemnity.
As a result, Poykee may not be held liable for the loss of money or reputation, nor for special damages, whether indirect or caused by the interruption of the Website service. Likewise, Poykee may not be held liable for any deterioration of materials, software or data (example: contamination by a virus) uploaded by the User for use on the Website. In order to avoid disagreements as far as possible, the User must ensure that they regularly take measures to safeguard their data and software. The User agrees to use the Website as it is provided, at their own risk and in full knowledge of the facts.