Gavelic

Gavelic Terms and Conditions

Welcome to Gavelic (“Platform”, “we”, “our”, or “us”).

Gavelic provides a Consumer-to-Consumer (“C2C”) online marketplace that enables users to list, discover, bid on, and purchase second-hand goods through auction and transaction facilitation services. The marketplace run under Rule-based contract execution which all fund releasing, refund and cancel result during auction and transaction is executed based on the open and agreed agreement auto and half auto.

By registering, accessing, or using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions (“Terms”), which constitute a legally binding agreement between you and Gavelic.

You represent and warrant that you are at least 18 years of age or have reached the age of legal majority in your applicable jurisdiction.

If you do not agree with these Terms, you must not register or use the Platform.

1. Platform Role, Limitation of Liability and Disclaimer

1.1 Platform Positioning and Sale Contract

The Platform provides technology services that facilitate auctions, communication, and standardized transaction procedures between users.

The Platform is not a party to any contract of sale between buyers and sellers.

Any contract relating to the purchase and sale of goods exists solely between the Buyer and the Seller.

The Platform does not:

  • purchase
  • own
  • sell
  • authenticate
  • inspect
  • guarantee
  • represent
  • or warrant

any goods listed by users.

The Platform does not make commercial judgments on behalf of any Buyer or Seller.

Users acknowledge and agree that the Platform operates strictly under a multi-party technological framework, and the legal relationships are distinctly separated as follows:

(a) Sale of Goods Contract (Buyer & Seller): Any contract relating to the listing, bidding, purchase, and handover of goods is formed exclusively and directly between the Buyer and the Seller. The Platform is not a party to this contract.

(b) Technology Services (Platform & Users): The relationship between the Platform and any User is strictly limited to the provision of information technology, auction hosting, and rule-based API routing services. The Platform acts neither as an agent nor a fiduciary for any User.

(c) Financial Services (Users & Payment Provider): By passing identity verification and receiving funds, the Seller establishes a direct and independent financial services agreement (such as a Stripe Standard Account) with the third-party payment provider. The Platform does not receive, hold, safeguard, or control user funds at any time.

1.2 Zero-Touch Payment Principle

All payment authorization, capture, processing, and settlement activities are handled by third-party payment service providers, including Stripe Connect or other payment providers designated by the Platform.

The Platform does not directly receive, hold, safeguard, or control users’ transaction funds.

Payment processing is subject to the terms and conditions of the applicable payment service provider.

Any instruction given by the Platform to a payment service provider to capture, cancel, or release a payment authorization is given solely to execute transaction conditions pre-agreed between the Buyer and the Seller, and the Platform holds no beneficial interest in, and no power to use for its own benefit, any transaction funds at any time.

Users acknowledge and agree that by completing the identity verification and payment setup process, Sellers establish a direct "Stripe Standard Account" (or equivalent), forming an independent financial services contract directly with the payment provider. The Platform is not a party to that financial contract. The Platform shall not be liable for any actions taken by the payment provider against the Seller, including but not limited to freezing accounts, recovering negative balances, or deducting Chargeback or Dispute Fees. The Seller retains ultimate financial responsibility for all chargebacks, refunds, and associated fees incurred on their connected payment account.

1.3 Disclaimer of Goods and User Conduct

The Platform does not guarantee:

  • authenticity of goods
  • quality
  • condition
  • functionality
  • legality
  • ownership rights
  • accuracy of descriptions
  • buyer or seller performance

Users are solely responsible for evaluating transaction risks and conducting appropriate checks before completing transactions.

1.4 Disclaimer of Warranties

The Platform is provided on an “as is” and “as available” basis.

To the maximum extent permitted by applicable law, the Platform does not provide any express or implied warranties regarding:

  • uninterrupted availability
  • error-free operation
  • security
  • absence of viruses
  • fitness for a particular purpose

2. Account Registration, Identity Verification and Security

2.1 Account Eligibility

Users must:

  • provide accurate and complete information
  • maintain updated account information
  • comply with applicable laws and regulations

Each individual may maintain only one personal account unless otherwise approved by the Platform.

2.2 Account Responsibility

Users are responsible for all activities conducted through their accounts.

Users must not:

  • share accounts
  • impersonate others
  • create false identities
  • use accounts for unlawful purposes

2.3 Identity Verification (KYC)

Certain services, including Protected Auction transactions, require identity verification through Stripe Connect or other third-party verification providers.

Users authorize the Platform to facilitate transmission of required information for verification purposes.

The Platform does not independently verify user identity and does not guarantee the honesty, reliability, or integrity of any user.

2.4 Multiple Account Liability

Users must not create multiple accounts without authorization.

Where the Platform reasonably believes that multiple accounts are controlled by the same person or related party, the Platform may treat such accounts as belonging to the same user.

The Platform may restrict, suspend, or take appropriate action against related accounts, including applying transaction restrictions where necessary to protect the integrity of the Platform.

3. Prohibited Items and User Conduct

3.1 Prohibited Goods

Users must not list, sell, purchase, offer, or facilitate transactions involving any of the following, whether or not the item is described as genuine, functional, or lawful:

  • (a) Drugs and pharmaceuticals — dangerous drugs and controlled substances (Dangerous Drugs Ordinance, Cap. 134); pharmaceutical products, prescription medicines, and poisons, including Chinese proprietary medicines requiring registration (Pharmacy and Poisons Ordinance, Cap. 138; Chinese Medicine Ordinance, Cap. 549); drug paraphernalia; and any substance marketed for psychoactive effect.
  • (b) Weapons and dangerous articles — firearms, ammunition, and imitation firearms (Firearms and Ammunition Ordinance, Cap. 238); prohibited weapons such as knuckledusters, gravity knives, flick knives, and stun devices (Weapons Ordinance, Cap. 217); explosives, fireworks, and firecrackers (Dangerous Goods Ordinance, Cap. 295); and dangerous or hazardous materials of any kind.
  • (c) Stolen, fraudulent, and illicit items — stolen or unlawfully obtained property (Theft Ordinance, Cap. 210); counterfeit currency and forged documents (Crimes Ordinance, Cap. 200); hacked, compromised, or fraudulently obtained accounts or credentials; and identity documents of any kind.
  • (d) Counterfeit and infringing goods — goods bearing forged trademarks or falsely described goods (Trade Descriptions Ordinance, Cap. 362); and infringing copies of copyright works (Copyright Ordinance, Cap. 528). Counterfeit goods are prohibited whether or not they are represented as genuine.
  • (e) Regulated and dutiable goods — tobacco products, including cigarettes and alternative smoking products such as e-cigarettes and heated tobacco products (Dutiable Commodities Ordinance, Cap. 109; Smoking (Public Health) Ordinance, Cap. 371); and alcoholic liquor, the online sale of which requires a licence and is subject to age restrictions.
  • (f) Wildlife and endangered species — specimens or products of endangered species, including ivory, rhinoceros horn, pangolin products, certain corals, reptile leathers, and traditional medicines containing endangered species ingredients (Protection of Endangered Species of Animals and Plants Ordinance, Cap. 586); and live animals, the sale of which is subject to licensing (Public Health (Animals and Birds) Ordinance, Cap. 139).
  • (g) Obscene and indecent materials — obscene articles, and indecent articles listed or displayed without statutory compliance (Control of Obscene and Indecent Articles Ordinance, Cap. 390); and any content involving child exploitation, possession or distribution of which is a serious criminal offence and will be reported to law enforcement.
  • (h) Gambling and lottery items — unlawful gambling instruments, lottery tickets, Mark Six-related products, and any goods facilitating unlawful gambling (Gambling Ordinance, Cap. 148).
  • (i) Telecommunications and surveillance equipment — radiocommunications apparatus without type approval, signal jammers, and unauthorized interception or surveillance devices (Telecommunications Ordinance, Cap. 106).
  • (j) Financial products and instruments — securities, structured products, virtual asset services, stored value facilities, or any regulated financial product or service the offering of which requires a licence (Securities and Futures Ordinance, Cap. 571; Payment Systems and Stored Value Facilities Ordinance, Cap. 584; Anti-Money Laundering and Counter-Terrorist Financing Ordinance, Cap. 615).
  • (k) Human-derived and medical items — human organs, tissue, blood, and bodily fluids (Human Organ Transplant Ordinance, Cap. 465); and medical devices whose supply is restricted by law.
  • (l) Other prohibited items — illegal services of any kind; items subject to import/export licensing offered without such licence (Import and Export Ordinance, Cap. 60), including strategic commodities; recalled or banned consumer products; and any other goods the sale, possession, or transfer of which is prohibited or restricted under Hong Kong law.

This list is illustrative and not exhaustive. The Platform may prohibit additional categories, or remove any listing, at its reasonable discretion, including where an item presents legal, safety, or reputational risk even if not expressly listed above.

The Platform may prohibit additional categories at its reasonable discretion.

3.2 Fraud Prevention

Users must not:

  • engage in fraud
  • provide false information
  • upload fake documents
  • submit false shipping information
  • manipulate payment systems
  • misuse refunds or chargeback processes

3.3 AML, Sanctions and Export Compliance

Users agree to comply with applicable:

  • anti-money laundering laws
  • counter-terrorist financing requirements
  • sanctions regulations
  • export control laws

Users must not use the Platform to conduct transactions involving sanctioned persons, entities, countries, or territories where prohibited by applicable law.

3.4 Fair Business Practices and Platform Integrity

Users must not engage in activities that undermine platform fairness, including:

  • creating fake transactions
  • manipulating ratings or reviews
  • artificially increasing demand or transaction history
  • manipulating search ranking
  • abusing automated tools, bots, scripts, or unauthorized software
  • interfering with auction systems

4. Intellectual Property and User Content

4.1 Ownership Responsibility

Users represent that they own or have legal authority to use all:

  • images
  • descriptions
  • trademarks
  • documents
  • content

uploaded to the Platform.

4.2 Content License

Users grant the Platform a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and transmit uploaded content solely for:

  • operating the Platform
  • promoting listings
  • improving services

4.3 Infringing Content

Where the Platform reasonably believes content infringes third-party rights, the Platform may remove such content or restrict access.

The relevant user remains responsible for resulting claims.

5. Auction Rules

5.1 Auction Outcome

The highest bidder at the end of an auction period becomes the winning Buyer.

The winning Buyer agrees to complete the transaction according to the Platform’s procedures.

5.2 Anti-Sniping Extension

If a valid bid is submitted within the final three (3) minutes of an auction:

  • the auction time will automatically extend by five (5) minutes
  • the extension reason will be displayed

The extension may repeat until no further qualifying bids are received.

5.3 Anti-Shill Bidding

Users must not manipulate auction prices.

Sellers must not:

  • bid on their own listings
  • use related accounts
  • instruct third parties to artificially increase prices
  • create false demand

The Platform may cancel affected auctions, restrict accounts, or take other reasonable actions against violating users.

6. Payment, Fees and Payment Processing

6.1 Payment Processing

Protected Auction payments are processed through third-party payment providers.

The Platform does not hold user funds.

6.2 Transaction Fees

Applicable service fees for each Protected Auction transaction shall be displayed during checkout.

Service fees may include:

  • buyer service fees
  • seller service fees
  • applicable third-party payment processing fees

The checkout page shall constitute the final and prevailing fee schedule for that transaction.

6.3 Payment Failure

A transaction may be automatically cancelled where:

  • (a) payment authorization is not completed within the prescribed time
  • (b) the parties fail to complete handover method pairing within the required period or after the maximum permitted attempts
  • (c) the Seller fails to provide required shipping information within the prescribed time
  • (d) payment authorization fails
  • (e) KYC requirements are not satisfied
  • (f) prohibited activity is detected
  • (g) technical or legal restrictions apply
  • (h) the applicable payment authorization expires, or is due to expire, before the transaction conditions for payment capture can be satisfied and evidenced.

Where applicable, any outstanding payment authorization may be released in accordance with the procedures of the relevant payment service provider.

6.4 Chargebacks

Where a Buyer initiates a chargeback or payment dispute after completion of a transaction, the Platform may:

  • provide relevant transaction records to payment providers
  • restrict account access
  • seek recovery where legally permitted

7. Protected Auction Transactions

Protected Auction transactions are governed by the separate:

Auction Terms & Agreement

By participating in a Protected Auction, users agree to be bound by that agreement in addition to these Terms.

Participation in any Protected Auction requires prior acceptance of the then-current Auction Terms & Agreement. Users must complete such acceptance before completing identity verification. In addition, before placing the first bid or exercising a buy-now option for each Protected Auction listing, the Platform may require the user to reconfirm certain key provisions of the Auction Terms & Agreement. Failure to provide the required confirmations will prevent participation in the relevant Protected Auction.

The "Protected Auction" designation refers only to the standardized payment-hold and conditional-release procedure described in the Auction Terms & Agreement, and does not denote any authentication, inspection, insurance, or guarantee of items or users.

Participation in Protected Auctions is further subject to the tiered star rating threshold set out in the Auction Terms & Agreement. A user whose star rating falls below two (2) stars may not initiate, bid in, or use the buy-now function of, any Protected Auction until the rating returns to two (2) stars or above.

8. Normal Auction Transactions

Normal Auctions provide auction and communication functions only.

The Platform does not:

  • process transaction payments
  • control delivery
  • provide dispute resolution

Users participate at their own risk.

9. Electronic Records and Data Retention

9.1 Electronic Evidence

Electronic records maintained by the Platform may be used as evidence of:

  • transactions
  • communications
  • authorizations
  • system activities

9.2 Data Retention

The Platform may retain relevant information after account termination for:

  • legal compliance
  • fraud prevention
  • chargeback handling
  • dispute investigation
  • regulatory requirements

10. Suspension and Termination

The Platform may reasonably:

  • suspend accounts
  • remove listings
  • cancel auctions
  • restrict access
  • refuse future registration

Reasons may include:

  • fraud
  • abuse
  • legal compliance requirements
  • security concerns

10.1 Platform Override for Compliance

Notwithstanding any automated, rule-based execution, or standardized transaction procedures described in these Terms or the Auction Terms & Agreement, the Platform reserves the right to manually intervene, suspend, freeze, or cancel any transaction, account, or payment authorization at any time. This right may be exercised if the Platform reasonably suspects a violation of applicable laws (including but not limited to the Trade Descriptions Ordinance, Cap. 362, or the Copyright Ordinance, Cap. 528), or upon request or order by law enforcement, regulatory authorities, or payment service providers.

11. Limitation of Liability

To the maximum extent permitted by Hong Kong law:

The Platform shall not be liable for:

  • disputes between users
  • product defects
  • counterfeit goods
  • inaccurate listings
  • user fraud
  • shipping problems
  • indirect or consequential losses

The maximum liability of the Platform shall not exceed the total service fees actually received by the Platform from the specific transaction giving rise to the claim, except where such limitation is prohibited by law.

Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under Hong Kong law, including liability for death or personal injury caused by negligence, or liability for fraud or fraudulent misrepresentation.

12. Indemnity

Users agree to indemnify the Platform, its affiliates, employees, and service providers against losses, claims, penalties, damages, and reasonable legal costs arising from:

  • breach of these Terms
  • unlawful activities
  • infringement of third-party rights
  • misuse of the Platform

This indemnity does not apply to the extent that any loss arises from the Platform's own fraud, or from liability that cannot lawfully be excluded, and applies to consumers only to the extent permitted by applicable law.

13. Privacy

User personal information is collected, processed, stored, and disclosed in accordance with:

  • applicable Hong Kong privacy laws
  • the Platform Privacy Policy

14. Amendments and Severability

The Platform may modify these Terms from time to time.

Users will be notified through reasonable electronic means.

Continued use of the Platform after changes constitutes acceptance of the revised Terms.

If any provision is held invalid or unenforceable, the remaining provisions remain effective.

15. Third Party Rights

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of these Terms or the Auction Terms & Agreement.

16. Language and Precedence

These Terms, the Auction Terms & Agreement, and related policies may be translated into other languages, and the Platform may publish guides, summaries, FAQs, or promotional materials describing the Services. In the event of any inconsistency, the English versions of these Terms and of the Auction Terms & Agreement shall prevail over any translation, guide, summary, FAQ, or promotional material.

17. Governing Law and Jurisdiction

These Terms shall be governed by and interpreted according to the laws of the Hong Kong Special Administrative Region.

Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

18. User Acknowledgement

By selecting “I Agree”, you confirm that:

  • you have read and understood these Terms
  • you agree to comply with these Terms and the Privacy Policy
  • you understand that Gavelic operates as a technology marketplace platform
  • you understand that Protected Auction transactions follow predefined automated procedures
  • you acknowledge that Gavelic does not act as a bank, escrow provider, auction owner, product authenticator, or party to the sale contract.