Welcome to www.smoothseconds.com (the “Website”) and thank you for visiting.
General Terms and Conditions
- General Provisions
These terms and conditions (the “Terms and Conditions”) apply from 1 January 2021 to all use of the smoothseconds.com website (the “Website”) (whether via your computer, mobile device or any other software application), to all services offered by smoothseconds and to all agreements Smoothseconds enters into for the use of the Website and services.
By visiting our Website, you agree to these Terms and Conditions. Smoothseconds recommends that anyone using the Website or any of these services (a “User”) read these Terms and Conditions in advance. Smoothseconds may amend these Terms and Conditions from time to time. We therefore recommend that you read them regularly.
Products and services may be offered or sought by a User on the Website, both free of charge and for a fee to Smoothseconds (the “Advertisement”). An Advertisement includes, among other things, the title and description of the products or services offered or sought.
- Protection of your privacy
Our Privacy Statement explains how we handle your personal information and protect your privacy when you use our Website.
The services of Smoothseconds are only accessible to underage Users if they have obtained permission from their legal representative or it is customary in society for a particular minor of that age to perform the act in question independently.
- Unauthorized use of the Website
The contents of the Website may not be copied, reproduced and/or disclosed by the User except for RSS feeds for personal use and/or news items up to a maximum number of 100 Advertisements or 100 hyperlinks to Advertisements. This means, for example, use in personal weblogs or other personal websites. The User is not permitted to change the content of the Website, other than as described in these Terms and Conditions.
User is not permitted to collect personal data from Users who place an Advertisement on the Website (“Advertisers”) (including email addresses and phone numbers) and/or to solicit Advertisers to offer their own products and/or services.
The database of Advertisements is subject to the database rights of Smoothseconds. This means, among other things, that the User is not permitted to retrieve and reuse a substantial portion of the contents of the database of Advertisements and/or to repeatedly and systematically retrieve and reuse non-substantial portions of the contents of the database of Advertisements within the meaning of the Database Act, unless the above personal use exception and/or news reporting exception is met. Translated with www.DeepL.com/Translator (free version) Also, the User is not permitted to display hyperlinks to Advertisements on any other website unless prior written permission has been obtained from Smoothseconds, or unless the personal use exception and/or news reporting exception above has been met.
Unless Smoothseconds has given its permission (for example, in the case of API partners), it is not permitted to post Advertisements on the Website through an automated system, or by any means other than through the Website.
You are not permitted to post Advertisements on behalf of or on behalf of third parties unless Smoothseconds has given its permission (for example, in the case of API partners).
5. Misuse of the Website and its consequences
For your security and to prevent abuse, email addresses are protected by Smoothseconds. Any messages are sent directly to you and you can choose to respond back or not.
To report illegal and infringing Advertisements, offensive content and other problems, please use the Report to Smoothseconds system; this way we can work together to ensure that the site remains as clean and safe as possible. Complaints about scams can be reported through our contact option shown on Help and Info page.
If we receive indications and/or complaints from other Users or for other reasons are of the opinion that a certain User is not acting in accordance with the law and/or the General Terms and Conditions and/or the Privacy Statement, we may – if we see reason to do so – for security reasons and for the protection of our Users, among other things, take the measures listed below. Smoothseconds may also take these measures if you use the Website in an unreasonable manner, such as if your use interferes with other Users or disrupts the proper functioning of the Website:
- Smoothseconds may exclude the relevant User from Smoothseconds’ services or restrict certain functionalities for such User. This may include, for example, suspension of the relevant User’s account, removal of reviews, limited ability to post Advertisements or responses; and/or
b. Smoothseconds may remove one or more of the User’s Advertisements, including without refund of any payments.
For examples of violations of the Terms and Conditions click here.
Smoothseconds may process the personal data of data subjects as part of the above measures. If there is reason to do so, Smoothseconds may, within the limits of the law, pass on the personal data of those concerned, for example to the police. How this works is further described in our Privacy Statement.
- We give no guarantees
We cannot guarantee that our services will always meet your expectations. We also cannot guarantee that the Website will function without error and/or that continuous and/or secure access to the Website or parts thereof can be obtained.
All information and numbers on the Website are subject to spelling or typographical errors.
- Limitation of liability Smoothseconds
We exclude, to the fullest extent permitted by law, liability for any damages suffered by a User due to
(i) use of Smoothseconds’ services;
(ii) the unavailability or insecurity of the Website or parts thereof;
(iii) inaccurate information on the Website;
(iv) purchase of third party services or use of purchased products through the Website; or
(v) changes in Smoothseconds’ services or changes in or to the Website.
If for any reason we are nevertheless liable, our liability is limited to a maximum of (a) the total consideration paid by the User to Smoothseconds during the 6 months preceding the act giving rise to the liability, or (b) € 150, whichever is higher.
- Changes to the Services and the Website
Smoothseconds may change the Website or parts thereof at any time.of the services and the Website Smoothseconds may change the Website or parts thereof at any time.of the services and the Website We will endeavor to provide notice of any such change or termination within a reasonable time before it is implemented.
- Third party websites and services
The Website contains references to the websites of third parties (e.g. by means of a hyperlink or banner). Smoothseconds has no control or influence over the content of these websites. On these websites the (privacy) rules of that particular website apply. If you have any questions about these rules of third-party websites, please refer to their respective websites. This also applies to using the services of third-party service providers, such as third-party payment services. The use of these services will then fall under the (privacy) rules of the relevant service provider.
- Complaint Procedure
Complaints can be submitted at email@example.com. We are in no way obligated to act on these complaints but we try to include it in our service.
- Other provisions
Smoothseconds (“Smoothseconds”) has not yet registered.provisions Smoothseconds may change the terms and conditions or parts thereof at any time. Smoothseconds will endeavour to give notice of any such change within a reasonable time before it takes effect. The changes will become effective within a reasonable time after they are announced, or after you have resumed using the Website and/or Smoothseconds’ services following the change, whichever is earlier.
If we do not enforce a provision in the general terms and conditions, it does not mean that we waive the right to enforce it at a later date or against another User. Agreements that deviate from the provisions of the general terms and conditions are only valid if confirmed in writing by Smoothseconds. If one or more provisions of the General Terms and Conditions are declared invalid by a competent court, this will not affect the other provisions of the General Terms and Conditions.
Notices to Smoothseconds (other than regarding infringing or otherwise unlawful Advertisements) may be directed to Smoothseconds accessible at firstname.lastname@example.org. Notices to Users will be sent to the email address provided, or by registered mail in the event that an address is available. Notifications made by registered mail will be deemed to have been received 5 (five) business days after the date of mailing.
These Terms and Conditions constitute the entire agreement between you and Smoothseconds superseding any prior agreements. The agreements that follow from all services of Smoothseconds and the General Terms and Conditions are governed by Dutch law. In the event of a dispute arising from these agreements or the General Conditions, only the District Court in Amsterdam will be competent, unless the dispute has been submitted to the Consumer Disputes Committee (Stichting Geschillencommissies Consumentenzaken). You can also submit your complaint to the Dispute Commission via the European ODR Platform. If the User is acting as a consumer (a natural person not acting in the exercise of a profession or business), then this User will further have the option, within one month after Smoothseconds invokes the jurisdiction of the Amsterdam District Court, to opt for resolution of the dispute by the competent court according to law.
Users may be asked to rate an Advertiser with whom they have communicated about an Advertisement, had a lot of interaction, rate through ‘Experiences’. The given rating consists of a number of stars and a standard text that the User chooses. The rating is publicly visible a few days after it is given.
Smoothseconds has no influence on the reviews via Experiences. It may happen that an assessment does not reflect the actual situation (entirely) correctly.
a. must be done truthfully;
b. must relate to the relevant Advertiser;
c. must relate to the Advertisement for which the option to review is offered;
d. must not be done with the probable intent of harming the Advertiser or otherwise misusing Experiences.
II Rules for Placing Advertisements
Smoothseconds is an advertising platform
Smoothseconds is a platform where an Advertiser can place Advertisements and a User can view these Advertisements.
Smoothseconds is not a party to the agreement that is formed between an Advertiser and a User. Advertisers and Users must resolve disputes among themselves.
- General rules for placing an Advertisement on the Website
2.1 Advertisements placed on the Website by an Advertiser must comply with the following general rules.
2.2 Formatting an Advertisement:
- Only one specific product may be offered or sought in each Product Advertisement.
b. Each title and text of an Advertisement shall include a description of the product or service offered or sought.
c. Titles and texts of Advertisements may be written in Dutch or English only.
d. It is not permitted to have multiple identical Advertisements online or placed on the Website at the same time. It is not permitted to offer the same object or service in more than one Advertisement at the same time on the Website. It is not permitted to post multiple identical Advertisements or multiple Advertisements for the same item or service using more than one account.
e. If an Advertisement is removed from the Website prior to the end of the initial Advertising Period (or any extension of the Advertising Period), no identical Advertisement or Advertisement for the same object or service may be placed within the remaining term of the original Advertising Period unless there is a valid reason for doing so (e.g., accidental removal of the Advertisement or where the sale has unexpectedly failed). Translated with www.DeepL.com/Translator (free version)
- Advertiser agrees that Smoothseconds may use all photos and information regarding the watch, we do this for advertising purposes.
2.3 Advertising Content Not Allowed:
a. The title and text of the Advertisement must not be misleading, inaccurate or incorrect. The title and text should accurately and clearly describe the product being offered for sale or the service being provided.
b. It is not permitted to offer or present certain legal rights, such as the User’s right to a product or service that meets the specified specifications, as an additional service, for example by charging a fee for them or respecting them only for a fee.
c. In any case, an Advertisement must not contain discriminatory, pornographic, offensive or and threatening or inflammatory content. Also, the content must not contain political messages and personal data of third parties or be contrary to public order or morality.
d. It is not permitted to place an Advertisement for the sole purpose of directly or indirectly promoting a business. Ads that advertise indirectly may also be removed.
e. It is not permitted to post photos with an Advertisement that do not relate to the product or service offered.
f. Free Ads may only list websites or include links to websites if paid for. It is not permitted to mention websites or to include links to websites that are filled in whole or in part with links to advertising websites or to advertisements that are aimed in particular at processing advertising revenue by generating clicks.
g. It is not permitted to place Advertisements, which are placed solely to generate clicks to a particular website.
2.4 Illegal or unlawful products or services
It is not permitted to offer products that are illegal or unlawful or whose trade is prohibited.
Both Advertiser and User should always pay close attention themselves when offering and responding to products and services. Advertisers and Users are expected to know themselves the laws and regulations governing the relevant product or service. We recommend that, if in doubt, you seek further information or advice, for example on the website of the relevant regulator. The list of suspicious or prohibited products or services also contains suggestions about this.
2.5 No infringement of intellectual property rights of third parties
a. It is not permitted to include a product in an Advertisement that infringes on the intellectual property rights of third parties. This means, among other things, that it is not permissible to offer a product that
In the title or text of the Advertisement, only the trade name of the company from which the relevant product or service originated may be used. Mention of trade names belonging to products or services not offered in the Advertisement is not permitted.
c. The product may be compared to other products only in the text of the Advertisement and not in the title. De vergelijking mag op geen enkele wijze verwarring scheppen over de oorspronkelijke herkomst van het product. No brand name belonging to the other comparable product may be mentioned in the comparison.
d. It is not permissible to include a disclaimer in the Advertisement regarding the authenticity of the product offered in the Advertisement. Advertisers should make sure that their products are genuine and allowed to be traded before offering them on Smoothseconds.
3. Placing an Advertisement
3.1. My Smoothseconds
An Advertiser places their Advertisement through the upload page on the Website. Before an Advertiser can place an Ad, they must first log in.
When creating a user account, it is not permitted to choose an advertiser name that contains a [url]or part of a [url]
You are not allowed to provide your login details to third parties. You are not permitted to use third party login credentials to place Advertisements.
3.2. Conclusion of Advertising Agreement between Smoothseconds and Advertiser
a. After logging in, the Advertiser can use the “Place Ad” button to create an Ad. While creating the Advertisement, the Advertiser can see a preview of the Advertisement under the “View Advertisement” button. The Advertiser may amend the Advertisement as a result of this example. After seeing the sample, the ‘Place Advertisement’ button can be clicked. This establishes the advertising agreement (the “Advertising Agreement”) between Smoothseconds and the Advertiser for free Ads. In the case of paid Advertisements, the Advertising Agreement will come into existence upon completion of the payment procedure on the Website.
b. Smoothseconds will retain all data from each Advertising Agreement for 14 days after the removal of the Advertisement. Smoothseconds will retain all data from each Advertising Agreement for 14 days after the removal of the Advertisement. Through the contact option shown on the Help and Info page, the Advertiser may request this information within 14 days, quoting the e-mail address with which the Advertisement was placed and quoting the Advertisement number.
3.3. Period that an Advertisement remains on the Website
Advertisements for which no special rules apply will remain on the Website for at least 28 days provided the applicable (payment) terms have been met and the Advertiser does not remove the Advertisement himself. For Advertisements for which special rules apply, you will see the terms and conditions on our Website, before placing your Advertisement. Smoothseconds does reserve the right to remove ads at any time.
If the product offered in the Advertisement is sold, the Advertisement should be removed. Upon sale of the product offered in the Advertisement, the Advertising Agreement between you and Smoothseconds will end, and Smoothseconds will have fully performed its obligations under the Advertising Agreement. If the product is sold but the ad is not removed a penalty of 2% of the asking price may be charged.
- Dissolution right
4.1 The right to dissolve as referred to in Article 6:230o of the Dutch Civil Code may in certain cases apply to the placement of an Advertisement. Click here for more information on the right of rescission.
4.2 In any event, the right of rescission does not apply to Advertisements that, pursuant to the provisions of the General Terms and Conditions (including pursuant to Chapter I, Article 6) (i) have been removed from the Website or (ii) are posted by Users who are excluded from Smoothseconds’ services or subject to certain restrictions.
4.3 Unless otherwise agreed, you agree that an Advertisement will be posted immediately, during the legal dissolution period. This has implications for any applicable right of rescission. You also represent that you waive any applicable right of rescission once Smoothseconds has fulfilled the Advertising Agreement.
4.4 If the right of rescission referred to in clause 4.1 applies to the Advertisement placed by you then you agree that if you exercise your right of rescission, you will owe Smoothseconds a proportionate fee for the services provided by Smoothseconds. In certain cases, such proportionate fee will be calculated based on the number of days remaining of the agreed advertising period upon your use of your termination right and/or the average number of bids for products or services for Advertisements in the same category, as determined by Smoothseconds from time to time.
4.5 If you exercise the right of rescission, Smoothseconds will refund the price of the service, less a proportionate fee, to you within 14 days of your request for rescission. Click [hier]for more information on exercising the right of rescission.
Bids are not binding
5.1. Unless otherwise provided in these Terms and Conditions, a bid for a product or service in an Advertisement is not binding.are not binding An Advertiser is not obliged to accept such a (reasonable) bid. If such a bid is accepted by an Advertiser, it does not obligate the bidder to purchase.
5.2. If the Advertisement is removed due to the expiration of the posting period or for any other reason, the associated bids will also be removed.
5.3. It is not permitted to place bids on Advertisements for the sole purpose of disrupting the bidding process.
6. Rules for offering the price/payment methods in an Advertisement
6.1. An Advertiser may not require a User in an Advertisement to use certain payment methods. Click here for more information on secure payment.
6.2. An Advertiser is not permitted to list only a portion of the price in the price field of the Advertisement. The asking price stated in the price field must include all unavoidable costs (items) for the User. This means that all costs necessarily incurred by the User to purchase and use the offered product, or to purchase the offered service, including but not limited to obligatory delivery costs, taxes, transfer costs and (driving) preparation costs, must be included in the listed asking price.
6.3. Advertisers who, as entrepreneurs, offer their goods and services to private individuals are required under Article 38 of the Sales Tax Act to indicate prices including VAT in an Advertisement.
7. Reporting of illegal or infringing Advertisements to Smoothseconds
7.1. Reports of Ads in violation of the Terms and Conditions
a. The Infringement Notification Form can only be used by intellectual property rights holders or their agents and legal authorities (see more on this under 6.2). Ads that otherwise violate the Terms and Conditions, such as Ads offering illegal products or having defamatory content, may be reported through the Report to Smoothseconds system.
b. Abuse of the Report to Smoothseconds system is considered an act in violation of the Terms and Conditions and may result in us taking the actions described in Section I, Article 6 against the affected reporter.
7.2. Notifications in case of infringement of intellectual property rights
a. Smoothseconds’ “Reporting of Infringement” Program is designed to ensure that products offered in Advertisements do not infringe on the copyright, trademark or other intellectual property rights of third parties. Learn more about the Smoothseconds Breach Notification Program here.
b. Rightholders may report an Advertisement that infringes their rights, and request its removal by completing the Report of Infringement form and sending it to Smoothseconds according to the instructions. If the Infringement Notification Form is completed correctly and completely and received by Smoothseconds, the relevant Advertisement will be removed.
c. The information requested in the Report of Infringement form is intended to ensure that the party reporting the Advertisement is the rights holder himself or is officially authorized by the rights holder. Also, that information should allow us to identify the Advertisement to be removed.
d. Once Smoothseconds has received a fully and correctly completed Infringement Notification Form for the first time, subsequent notifications can easily be sent to Smoothseconds via email.
8. We make no guarantees
8.1. Advertisers and Users should conduct their own sufficient research and be adequately informed before placing an Advertisement on the Website. We do not control the quality of the content of the Advertisement, the safety or legality of the products or services advertised, the accuracy of the listings, the authority of Advertisers to sell products or offer services and/or the authority of Users to purchase products or take the services. Smoothseconds makes no guarantee about this.
8.2. Smoothseconds also cannot guarantee to you that the products or services offered by Advertisers on the Website will meet your expectations.
9. Indemnification service Advertisements and limitation of liability Smoothseconds
9.1. Each User shall indemnify Smoothseconds against claims by third parties relating to damage suffered by;
(i) entering into an agreement based on an Advertisement,
(ii) the use of products purchased through the Website; and
(iii) the use of services offered through the Website; and
(iv) the (allegedly) infringing and/or otherwise unlawful nature of the (content of the) Advertisement and/or the product supplied.
9.2. The terms of Smoothseconds’ limitation of liability are contained in Chapter I, Article 8.
10.1. Smoothseconds may change the Website or portions thereof, including the advertising duration, renewal options, category layout, Website layout and search options, at any time and in its sole discretion. We will endeavor to announce any such change within a reasonable time before it is implemented.
10.2. Smoothseconds may change the prices of the paid Advertisements at any time. If during the term of an Advertising Agreement a price increase occurs that is more than the CBS Consumer Price Index figure, the Advertiser is entitled to terminate this Advertising Agreement. On the Advertising Rates page you will find an overview of categories and possible costs for placing an Advertisement.
11. The Advertisement may also be published elsewhere
11.1. Smoothseconds may use the Advertisement and its content for its own publicity purposes. This includes that an Advertisement or a portion thereof may be shown by us through other distribution channels, such as on websites that are part of the eBay group (such as eBay.co.uk or PayPal.co.uk), third-party websites, in print media or on television.
11.2. By placing an Advertisement, you automatically grant Smoothseconds a free, worldwide, irrevocable, sub-licensable and transferable license to use, reproduce, distribute and disclose (and allow third parties to use and reproduce) the Advertisement and/or (parts of) its content for marketing, promotional and/or advertising purposes. You warrant that you are authorized to grant this license.
11.3. We may provide third parties with access to an Advertisement for publicity purposes to enable them to promote it and other Advertisements on third party websites, by email and through other channels. These promotions may include (parts of) the Advertisement.
11.4. The formatting of Advertisements may be changed such that the Advertisements are accessible from mobile devices or other third party software applications.
11.5. The Website contains references (e.g. through a hyperlink or banner) to the websites of third parties. Deze verwijzingen These references may also be placed in or adjacent to an Advertisement.ook worden geplaatst in of naast een Advertentie. Smoothseconds has no control or influence over the content and policies of these websites. Op deze websites gelden de (privacy)regels van die betreffende website.