Brilly terms of use
This version of the Terms of Use is valid from December 1, 2023..
To advertise and trade safely and securely on Brilly, means that you need to follow our terms of use. Read the terms and conditions, if you have any questions, contact us.
Brilly is an advertising site for eyeglass products, both used and new. Brilly is a forum that allows users to advertise, sell and buy. Brilly does not own any of the goods that are advertised or sold through the site and is therefore not a party to agreements between sellers and buyers. Brilly is an advertising site only. In the event of a dispute between seller and buyer, the parties must contact each other to resolve the dispute. By using the Services, you agree to the Terms of Use and undertake to comply with them.
The terms of use are for your safety and the safety of your counterparty and for us to be able to provide the best and safest services possible.
Generally
These terms of use govern the use of Brilly’s website and mobile applications (collectively, we refer to these as the “Website”) and the services provided by Brilly (the “Services”). The services are provided by Brilly AB, org. number xxxxxx-xxxx org. Brilly AB The Terms of Use apply to everyone who uses the Website, both private individuals, companies and other professional users who use the services.
Your personal data
Brilly AB is responsible for the processing of your personal data that occurs when you use the Website and the Services. Complete and detailed information on how we process personal data can be found here: https://brilly.se/privacy-policy/
Your account on Brilly exists to offer secure contacts between buyers and sellers. If you feel that you are done and no longer need your account, you can close it.
Terminate your account. Unfortunately, you cannot close your account yourself yet, we are working on it. In the meantime, you can send an email to info@brilly.se
Thanks for your patience
Conditions for you to be able to use the Services
To use the Services, you must be 18 years of age or have parental consent. Brilly has the right to deny use of the Services to persons or companies that have previously violated the Terms. If you register a company as a user, you certify that you have the authority to bind the company to the Terms and Conditions (company signatory or authorized representative). Use of the Services requires a user account. Keep in mind that your account is personal and you are responsible for all activity that occurs through it. You may need to verify yourself with BankID or any other methods of verification in order to use the Services.
Brilly reserves the right to block or suspend users who abuse, manipulate or use the Services in violation of the Terms.
Advertising on Brilly
To advertise on Brilly, you must follow the rules for advertising. Brilly reserves the right to refuse and remove ads that do not comply with the rules. If you are unsure whether your ad complies with the rules, contact our customer service. Brilly publishes ads from both private individuals and companies. At Brilly, we inform users if an ad is published by a private person or a company, which has implications for how the Consumer Purchase Act applies. As a company, you may not advertise as a private person and Brilly reserves the right to decide whether an ad is business-like and should be published as a business advertisement. Read more in our rules for advertising.
For companies that advertise with us, Brilly’s terms and conditions for companies also apply.
Publication time
Brilly is considered to have completed its service when the advertisement has been approved and published on the Website. As soon as the purpose of the advertisement is fulfilled, you as a user must remove the advertisement. An ad is automatically removed two months after the publication date.
Review and control of ads and users
Brilly has the right to review ads and to deny or remove ads that violate the Terms, third-party copyright, other regulation or the spirit of Brilly.
Brilly carries out checks on users, for example to verify a user’s identity. If you choose not to participate in such a check, Brilly reserves the right to close your account.
Purchases between private individuals
On Brilly’s website, both companies and individuals have the opportunity to advertise. Keep in mind that different rules apply to purchases between private individuals and to private individuals’ purchases from companies. When you buy goods or services from a private person, consumer protection laws do not apply, which means, among other things, that you have no right of withdrawal, right of exchange or open purchase.
Obligation to provide information
When you sell via the Website, Brilly may ask for additional information from you when Brilly is obliged to do so. The fact that you provide the requested information is a prerequisite for us to be able to provide our services, and we therefore reserve the right to suspend users who do not provide the requested information.
For you who are a company advertiser, Brilly is obliged to use the data to provide information about your company to consumers.
Brilly’s messaging service
In our messaging service, you who have an account on Brilly can send and receive messages. Messages that you have sent to or received are collected in your user account. Please note that you must have a user account on Brilly in order to send messages and read messages sent to you by other account users.
Your name is shown to whoever you are sending messages to or receiving messages from.
When you use the messaging service, your username is also displayed
Good tone and a pleasant demeanor are an obvious prerequisite for a good deal. Therefore, it is not permitted to:
• Threaten, harass or otherwise act offensively towards anyone in Brilly’s messaging service.
• Use Brilly’s messaging service to perform any illegal, deceptive or harmful act.
• Otherwise abuse Brilly’s messaging service, for example by sending spam, unauthorized marketing or other unwanted messages.
Brilly may remove or stop messages with objectionable or impermissible content. Brilly also stops messages or removes content that violates our Terms of Use or that violates applicable laws and regulations. Brilly reserves the right to suspend users who do not follow the rules of the messaging service or who use it in ways that may be harmful to us or our users.
Reviews
Brilly allows users to submit reviews of other users on the Website. Brilly has the right to make these reviews freely available on the Website. Writing false reviews is prohibited. The same rules apply to the content of reviews as for the messaging service, see above.
Refund and credit
If you have paid for an ad that is denied publication, you will receive a credit on Brilly corresponding to the value of the ad. Credit can also be offered in the event of certain technical problems or incorrect payments to Brilly. The balance is linked to the advertiser’s e-mail address, is valid for one year and cannot be used for partial payment. Misuse, manipulation or use of the Services in violation of Brilly’s rules does not give the right to a refund or compensation and means that any balances are declared invalid.
Third Party Information
Brilly can display additional information in connection with your ad. Such additional information is based on the information that you as an advertiser enter, for example map information can be displayed based on the zip code you have entered. This additional information is obtained from third parties and Brilly assumes no responsibility for any inaccuracies. You must check yourself that this information is correct. Please let us know if something is incorrect.
User Generated Content
User-generated content refers to such content that users of the Services create and/or post on the Website, such as e.g. images, videos and ad texts (“User Generated Content”).
You warrant that you hold the necessary rights to User Generated Content that you contribute to the Website. This ensures that User Generated Content does not contain intellectual property rights, such as music, video, image, logo or anything else that you do not have permission to use.
You warrant that you have ensured that the persons who can be identified in the User Generated Content (for example, in an image or film or by their name alone) are aware of how the material will be used and have agreed to participate in the User Generated Content and give permission Brilly to use the User Generated Content for marketing purposes.
By posting User Generated Content on the Website, for example by publishing an advertisement, you grant Brilly an unrestricted right to freely dispose of that content. This means that Brilly has the right to process, format, store or copy it and make it available to the public, regardless of media channel, and to transfer these rights to our partners. Brilly may also use the User Generated Content for marketing purposes. Brilly’s rights remain even after an ad has been removed.
You waive any claim for compensation from Brilly for Brilly’s use of the User Generated Content by posting it to the Site.
Immaterial rights
Brilly, holds all the intellectual property rights to text, image, design and the other material and information displayed to you through your use of the Services. The same applies to all program code for our Services. All material is the exclusive property of Brilly.
You may not copy, reproduce, publish, upload, send or distribute any material or information from the Website without the prior written permission of Brilly.
Use of automated services such as robots, spiders, indexing or the like, as well as other methods for systematic use of the content on the Website is not permitted without prior written permission from Brilly.
Any unauthorized use entails liability for compensation. Anyone who intentionally or through gross negligence breaks the law can be punished with a fine or imprisonment of up to two years and be ordered to pay damages.
Marketing
According to the Marketing Act, our marketing must comply with good marketing practice.
It is prohibited to send advertising via e-mail, SMS or other channels for direct communication, such as Brilly’s messaging service, to natural persons unless they have agreed to it in advance.
Limitation of liability
Brilly does not guarantee continuous, uninterrupted or secure access to the Services. The operation of the Website may be disrupted by factors beyond Brilly’s control. Brilly cannot be held responsible for damages directly or indirectly caused by use of the Website and its content. The website is an advertisement site. Brilly is not responsible for the advertised product or service. Brilly has no control over and is not a party to agreements made between a buyer and a seller.
Brilly only reimburses direct costs incurred when using the Services as a direct result of negligence or error on Brilly’s part. Brillys is not responsible in any case for indirect damages such as loss of profit, loss of data, costs that have become useless or other consequential damages. In the event of technical errors that affect the advertising, the possible advertising cost will be reimbursed at the most.
Brilly is not responsible for damage caused by non-appearing or delayed advertisement responses or incorrect information in the advertisement text.
Indemnification
You as a user undertake to hold Brilly harmless if a third party makes a claim for compensation from Brilly due to User Generated Content or because you have otherwise acted in violation of these Terms of Use or in violation of applicable law or third party rights.
Right of withdrawal
When you as a consumer buy services via the Internet, you generally have a 14-day right of withdrawal. Advertising on Brilly means that you waive your right of withdrawal, however, because Brilly’s service means that you request the service to start immediately. You accept that the right of withdrawal ends when the service has been completed. Brilly’s service is considered complete as soon as your ad has been published.
Transfer
By accepting the Terms of Use, you agree that the agreement you have entered into with Brilly may, without your consent, be transferred to another company or third party in connection with a collection or business transfer that includes the Services.
Changes in the Services
Brilly may at any time and without prior notice decide to change or discontinue the Services or replace the Services with other services. If this happens, Brilly reserves the right to terminate your access to the Services, we will inform you of this by notification to your registered email address. Any compensation to Brilly will in such cases be refunded to you.
Changes to the Terms of Use
Brilly may change these Terms of Use. However, to the extent that we make material changes that require your consent, we will obtain this before the change takes effect.
Applicable law and dispute resolution
Swedish law shall apply to the Services and these Terms of Use. Disputes must be settled by the Swedish general court. You can also contact the General Complaints Board, read more at www.arn.se