Conditions of Use
Draft — pending attorney review. This document was prepared by Klatchit and has not yet been reviewed by outside counsel. It states how Klatchit actually operates and we intend to be bound by it, but it is not legal advice and may change once reviewed.
These terms govern your use of the Klatchit marketplace as a buyer or a visitor. Using the site means you accept them. Selling is additionally governed by the Seller Agreement. For how we handle your data, see the Privacy Notice.
Terms of use
Using Klatchit
Klatchit is a marketplace that connects buyers with independent sellers. When you buy, your contract of sale is with the seller; Klatchit provides the platform, payments infrastructure, and buyer protection. You agree to use the marketplace lawfully and not to misuse listings, messaging, or other buyers' and sellers' information. You are responsible for what happens under your account, including keeping your sign-in details to yourself.
Who you are buying from
Except where a listing says the item is sold by Klatchit, every item on this marketplace is sold by an independent third-party seller. That seller is the merchant of record: they own the goods, set the price and the terms, describe the item, and are the party you contract with. Klatchit's own house store is the only exception, and its listings identify Klatchit as the seller. Klatchit is not a party to your contract with a third-party seller and does not take title to their goods.
No endorsement
Listing a product, ranking it in search, featuring it in a deal, or showing a seller a badge is not an endorsement or a guarantee. Klatchit checks a seller's identity before their first sale and enforces its policies, but it does not inspect, test, or authenticate every item offered. Some placements are paid and are labelled as such. Reviews and ratings are the opinions of the people who wrote them.
Orders & payments
Each seller processes your payment through Stripe. Prices, shipping, and return terms are set by the seller and shown before you check out. Completing an order authorizes the seller to charge your payment method for the amount displayed. An order from more than one seller is charged as more than one payment, and each appears separately on your statement.
Selling on Klatchit
Sellers are identity-checked before their first sale and are responsible for the accuracy of their listings, fulfilling orders on time, and honoring their published return policy. Commission and payout terms are described on the Fees & payouts page. Selling is additionally governed by the Seller Agreement, which every store must accept.
Returns, refunds & protection
Returns follow the seller's published policy, and eligible orders are backed by buyer protection. See the Returns & refunds page for how this works.
Product integrity & lot codes
Sellers must not remove, obscure, deface, or relabel a manufacturer's lot code, date code, serial number, or safety labelling on any item they list, and must not list expired goods. Where a category requires it, the expiry date must be disclosed on the listing and the lot code affirmed intact before the offer can go live. Doing otherwise is a policy violation and can cost a seller their account — see the Intellectual Property Policy.
Your content
Reviews, questions, photos, and messages you post stay yours. By posting them you give Klatchit a non-exclusive, worldwide, royalty-free licence to host, display, reproduce, and distribute that content in connection with running and promoting the marketplace, and you confirm you have the right to grant it. Don't post anything unlawful, deceptive, infringing, or abusive.
Acceptable use
Don't scrape, crawl, or bulk-collect data from the marketplace outside the published API and its terms; don't interfere with the site's operation or security; don't buy or sell fake reviews; don't use the marketplace to launder money, evade sanctions, or transact in prohibited goods; and don't open a new account to get around an enforcement action against an existing one.
Which terms apply
More than one document can bear on the same situation. Where they conflict, the more specific one wins, in this order:
- a written agreement signed between you and Klatchit, if there is one;
- for sellers, the Seller Agreement and the policies it incorporates — including the Intellectual Property Policy;
- these Conditions of Use;
- the informational pages describing fees, returns, shipping, and buyer protection.
A seller's own store policies bind that seller and their buyers. They never reduce what Klatchit's policies require of the seller, and a seller cannot give themselves rights against Klatchit by writing them into a store policy.
Removing listings and suspending accounts
Klatchit may remove, hide, edit, or restrict any listing, review, message, image, or store, and may limit, suspend, or close an account, where it reasonably believes the content or conduct breaks these terms, the Intellectual Property Policy, another published policy, or the law — and to comply with a valid legal demand or a notice under the DMCA process. Where the situation allows it, we tell the affected seller what was removed and why.
Enforcement follows the published policy, and a seller who thinks a decision is wrong has a route to say so: a counter-notice for a copyright removal, a dispute for the other claim types, and an appeal against an action taken against the store as a whole. Those routes, and the exact thresholds behind each step, are set out in the Intellectual Property Policy. Klatchit does not owe compensation for a listing removed, or an account restricted, in good faith under these policies.
What Klatchit does and does not warrant
Klatchit provides the marketplace as is and as available. To the fullest extent the law allows, Klatchit disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement, and does not warrant that the site will be uninterrupted, error-free, or secure against every threat.
Klatchit does not manufacture, inspect, store, or ship the goods sold by third-party sellers, and makes no warranty about them — their quality, safety, legality, authenticity, or fitness for what you want them for. Any warranty on such an item comes from the seller or the manufacturer, not from Klatchit. This paragraph does not apply to items sold by Klatchit's own store.
Nothing here excludes anything that cannot lawfully be excluded — such as liability for death or personal injury caused by negligence, for fraud, or any right you have under consumer-protection law that cannot be waived.
Limitation of liability
To the fullest extent the law allows, Klatchit is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost sales, lost data, or loss of goodwill, arising out of the marketplace or anything bought through it — even if we were told such damages were possible.
Klatchit's total liability to you for any claim connected with the marketplace is limited to the greater of the amount Klatchit earned in fees on the transaction the claim relates to, or one hundred U.S. dollars. Claims about a defective, misdescribed, or undelivered item lie against the seller who sold it; buyer protection, where it applies, is described on the Returns & refunds page and is offered on its own terms rather than as an admission of liability.
Your indemnity to Klatchit
You will indemnify and hold harmless Klatchit and its officers, employees, and agents from any claim, demand, loss, liability, or expense — including reasonable legal fees — arising out of your breach of these terms or of the law, content you post, or, if you sell, the goods you sell and the way you sell them. Klatchit will tell you promptly about any claim it wants covered and will not settle it without your agreement, which you will not unreasonably withhold.
Sellers give a broader indemnity, covering intellectual-property claims, product liability, and tax, in the Seller Agreement.
Problems, reports, and disputes
Take a problem to the route built for it:
- A problem with an order — message the seller first; if that does not resolve it, open a claim from your order.
- A charge you don't recognize — identify it at What's this charge? before contacting your bank. A chargeback filed against a seller for a charge that turns out to be yours costs them money and time.
- Infringement of your intellectual property — file a notice. Copyright notices and counter-notices follow the DMCA process.
- Anything else — contact us.
Governing law and venue: to be confirmed with counsel before these terms are finalized. Until then, nothing here waives any right you have to bring a claim where the law says you may bring it.
Intellectual property
What is prohibited, how an upheld claim is scored, and the exact thresholds that suspend or close a repeat infringer's account are set out in the Intellectual Property Policy. Copyright notices and counter-notices go through the DMCA process. To report an infringing listing, file a notice.
Privacy
How we collect, use, and share your data — and the choices you have — is covered in full in our Privacy Notice and Cookie Notice. You can review, export, or delete your data anytime from your privacy settings.
Changes and ending your use
Klatchit may update these terms as the marketplace changes. Material changes are announced before they take effect, and continuing to use the site afterwards means you accept the updated terms. You can stop using Klatchit at any time and close your account from your privacy settings. Terms that by their nature should outlast the account — the disclaimers, the limits above, your indemnity, and any obligation you already owed — survive it.
This overview is provided for convenience and doesn't replace legal advice. Questions? Contact us.