General Terms and Conditions for Advertising on Soeco by Yllw Marketplace

General

1. These general terms and conditions (the “Terms”) apply to companies (“Advertiser”) that advertise via Soeco by Yllw Marketplace (“Soeco by Yllw”). The platform is provided by Soeco Kontorsmöbler AB, reg. no. 556894-0562, Pumpvägen 1, 247 50 Dalby (hereinafter referred to as “Soeco by Yllw”).
2. By publishing an advertisement on Soeco by Yllw, the Advertiser accepts these Terms and undertakes to comply with them.

Advertiser’s Obligations

Conditions for advertised goods

3. The Advertiser warrants that the goods advertised on Soeco by Yllw:

• correspond to the information stated in the advertisement,
• are the property of the Advertiser,
• are not pledged, subject to security interests, or otherwise encumbered,
• are not stolen property,
• are not counterfeit or unauthorized copies, and
• are available for sale for the entire time the advertisement is published.

4. The Advertiser is responsible for storing the advertised goods in a secure and appropriate manner until the goods are handed over in accordance with an order from Soeco by Yllw, including during any reservation period in accordance with clause 5 below.
5. The Advertiser accepts that a product may be reserved by a customer for up to ten calendar days. During the reservation period, the product may not be sold to another buyer or removed from the Marketplace. Breach of this obligation may result in liability for damages corresponding to 25 percent of the product’s value. Soeco by Yllw reserves the right to extend a reservation when there are special reasons.

Rules for Advertisement Design

6. The Advertiser is responsible for ensuring that advertisements published on Soeco by Yllw:

• comply with applicable Swedish legislation, including but not limited to the Marketing Act (2008:486) and the General Data Protection Regulation (GDPR),
• comply with ICC’s rules on advertising and marketing communication,
• do not contain material that infringes on third-party copyright or other intellectual property rights.

7. The advertised product must be described accurately and truthfully. The product’s condition and any defects must be clearly indicated in both text and images. The Advertiser undertakes to follow the advertising guidelines provided by Soeco by Yllw.
8. External links may not be included in advertisements.
9. The advertisement must meet the technical and editorial requirements established by Soeco by Yllw from time to time.

Reservations and Publication

10. Soeco by Yllw reserves the right to adjust an advertisement if it is deemed to improve quality.
11. If an advertisement does not meet the requirements applicable to advertising on the Marketplace, Soeco by Yllw has the right to refuse publication or suspend the advertisement. The Advertiser will then be given the opportunity to correct the content.
12. Soeco by Yllw cannot guarantee that the Marketplace will be free from technical errors or interruptions.
13. Soeco by Yllw also cannot guarantee that an advertised product will be sold.
14. The number of visitors to the Marketplace may vary over time. Soeco by Yllw is not responsible for such variation.
15. Soeco by Yllw has the right to change the design of the platform, which may involve changes to advertisement formats and how advertisements are displayed.

Advertiser’s Liability

16. The Advertiser shall indemnify Soeco by Yllw for damages or costs arising from the Advertiser’s:
    (i) breach of these Terms,
    (ii) unauthorized use of the platform,
    (iii) actions in violation of applicable legislation, or
    (iv) publication of advertisements that infringe on third-party rights.
     
17. The Advertiser’s liability is limited to direct damages, unless the damage was caused intentionally or through gross negligence.
18. The Advertiser’s liability is not affected by the fact that Soeco by Yllw has reviewed an advertisement without raising objections.
19. The parties shall inform each other if claims are directed against Soeco by Yllw in connection with an advertisement. If requested by Soeco by Yllw, the Advertiser shall, at its own expense and to a reasonable extent, assist Soeco by Yllw in handling such claims.

Intellectual Property Rights

20. By publishing an advertisement via Soeco by Yllw, the Advertiser grants Soeco by Yllw a non-exclusive right to use the advertisement material for the purpose of marketing the product on the Marketplace.

Force Majeure

21. Soeco by Yllw is not liable for damages or delays caused by circumstances beyond Soeco by Yllw’s control, which could not reasonably have been foreseen or avoided.
22. If the performance of an obligation is prevented due to COVID-19 or similar extraordinary circumstances, this shall be considered force majeure and release the party from liability, provided that the circumstance constitutes an obstacle that could not reasonably have been avoided.

Processing of Personal Data

23. Both parties may process necessary personal data regarding the other party’s contact persons in connection with the agreement, such as names and contact details. The purpose is to administer the contractual relationship and enable communication between the parties.
24. Soeco by Yllw is the data controller for its processing of personal data. Data is retained for as long as necessary for the agreement or as required by law. When the data is no longer needed, it will be deleted or anonymized. Registered individuals have the right to information, rectification, or deletion in accordance with applicable data protection legislation. Requests should be sent to villkor@soecobyyllw.se.
25. Soeco by Yllw reserves the right to contact the Advertiser regarding matters related to advertisements.

Early Termination

26. Either party has the right to terminate the cooperation with immediate effect if the other party materially breaches its obligations under these Terms and fails to remedy such breach within 14 days after being notified, or if there are reasonable grounds to believe that obligations will not be fulfilled.
27. Soeco by Yllw has the right to terminate the cooperation and remove an advertisement with immediate effect if the Advertiser does not comply with these Terms or if the advertisement violates laws, regulations, or other binding rules.

Sales Agreement

28. When an advertised product receives a request from a customer, a separate sales agreement is entered into between Soeco by Yllw and the Advertiser, in accordance with the specific terms stated in that agreement.
29. Sales to end customers are handled by Soeco by Yllw.
30. When a listed item is sold through Soeco by Yllw Marketplace, the sales amount is shared equally between the Advertiser and Soeco by Yllw, with a distribution of 50 percent each.

Amendments

31. Soeco by Yllw reserves the right to update these Terms. The version in effect is the one published on the Marketplace at any given time.

Governing Law and Disputes

32. These Terms are governed by Swedish law. Any dispute between the parties shall primarily be resolved through negotiations. If no agreement is reached, the dispute shall be finally settled by arbitration in simplified proceedings.