Terms of Service

Please read these Terms of Service carefully before using our Service.

1 · Interpretation and definitions

1.1 Interpretation

The words whose initial letter is capitalised have meanings defined under the following conditions. The definitions have the same meaning whether they appear in the singular or the plural.

1.2 Definitions

For the purposes of these Terms of Service:

• Account — a unique account created for you to access our Service.
• Affiliate — an entity that controls, is controlled by, or is under common control with a party (50%+ ownership).
• Application — the software program provided by the Company, named Nextmine.
• Buyer — a user placing orders for Goods.
• Country — Denmark.
• Company (“the Company”, “the Operator”, “We”, “Us”, “Our”) — OMJ, Poul Anker Bechs Vej 302, 9200 Aalborg SV, Denmark, CVR 30860403.
• Content — text, images or other information you post, upload or make available.
• Device — any device that can access the Service.
• Feedback — feedback, innovations or suggestions you send about our Service.
• Good — the items (jewelry and related items) offered for sale or trade on the Service.
• Order — a request to purchase or trade Goods.
• Payment Processor — the third-party payment infrastructure used (Sharetribe and its underlying provider, Stripe), each under its own terms.
• Seller — a user listing Goods for trade.
• Service — the Application, the Website, or both.
• Terms — these Terms of Service, the entire agreement between you and the Company.
• Third-party Social Media Service — services or content provided by a third party that may be made available by the Service.
• Website — Nextmine, accessible at nextmine.io.
• You — the individual or legal entity accessing or using the Service.

2 · Contact us

If you have any questions about these Terms, you can contact us by email at hi@nextmine.io, or by visiting nextmine.io.

3 · Acknowledgment

These Terms govern the use of the Service and form the agreement between you and the Company. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. They apply to all visitors and users. By accessing or using the Service you agree to be bound by them; if you disagree with any part, you may not access the Service.

You represent that you are over the age of majority according to the laws of your country or of Denmark, whichever is higher. The Company does not permit those under that age to use the Service. Your use is also conditioned on acceptance of our Privacy Policy.

4 · The nature of our service

Nextmine is an online marketplace that allows sellers to list Goods and buyers to purchase them. Buyers and sellers transact directly with one another. We are a facilitator and are not a party to any sale concluded between a buyer and a seller.

We do not own, take possession of, inspect, appraise, authenticate, certify or guarantee any Good. Any description, attribution, valuation, materials, age, origin or condition statement is made solely by the seller, who is solely responsible for its accuracy. Any reference in our marketing to curation or selection describes editorial selection only and is not an appraisal, authentication or warranty.

5 · Governing law

The laws of Denmark, excluding its conflict-of-law rules, govern these Terms and your use of the Service. Your use may also be subject to other local, national or international laws.

5.1 United States legal compliance

You represent that you are not located in a country subject to a U.S. government embargo or designated as “terrorist supporting”, and that you are not on any U.S. government list of prohibited or restricted parties.

5.2 Severability

If any provision is held unenforceable, it will be changed and interpreted to accomplish its objectives to the greatest extent possible, and the remaining provisions continue in full force.

5.3 Waiver

Failure to exercise a right or require performance of an obligation does not affect a party’s ability to do so later, nor does waiver of a breach waive any subsequent breach.

6 · User accounts

6.1 Account creation

You must provide information that is accurate, complete and current. Failure to do so is a breach that may result in termination. You may not use a username that belongs to another person, is unlawful, infringes another’s rights, or is offensive.

6.2 Account information

You may be asked to supply your name, email, phone number and address, and documents for identity verification. Before or during listing Goods, you may be asked for bank account details and identity documents (as required by our Payment Processor and Section 8). Before or during an Order, you may be asked for payment card details, billing address and shipping information.

6.3 Account review

Unless part of a feature of the Service, we do not perform background checks or endorse users, and accept no responsibility for the accuracy of information provided by users.

6.4 Account password

You are responsible for safeguarding your password and for all activity under it. Do not disclose it to any third party, and notify us immediately of any unauthorized use.

6.5 Account termination

We may suspend or terminate your account immediately, without notice, including if you breach these Terms. Termination does not affect Orders already in progress, which are completed or refunded under Section 9. You may stop using the Service or delete your account at any time.

7 · Content

7.1 Your right to post content

You are responsible for the Content you post, including its legality and appropriateness. By posting Content you grant us the right and licence to use, modify, display, reproduce and distribute it on the Service. You retain your rights to your Content and warrant that it is yours to post and does not violate others’ rights.

7.2 Listing review

We may, at our discretion and as optional quality control, review, approve, decline, reformat or remove any listing or Content. Any such review is discretionary and is not a warranty, endorsement, appraisal or authentication that a Good is accurate, authentic, lawful or as described. We assume no liability arising from the review, approval or non-removal of a listing.

7.3 Content restrictions

You are solely responsible for all activity under your account. You may not transmit Content that is:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory or mean-spirited.
• Spam, unsolicited advertising, chain letters, lottery or gambling.
• Containing viruses, malware or harmful code.
• Infringing any proprietary rights.
• Impersonating any person or entity.
• Violating the privacy of any third person.
• False or misleading.

We reserve the right, but not the obligation, to determine whether Content is appropriate and to remove it. You use the Service at your own risk.

7.4 Content backups

Although regular backups are performed, we do not guarantee against loss or corruption of data. Keep an independent copy of your Content.

7.5 Copyright infringement (DMCA)

We respect intellectual property rights. If you believe your copyrighted work has been infringed, send a written notice to hi@nextmine.io including: your signature; a description of the work; the location of the infringing material; your contact details; a good-faith statement; and a statement under penalty of perjury that the information is accurate and you are authorised to act.

8 · Seller obligations

By listing a Good, you (as seller) represent and warrant that:

• You lawfully own or are authorised to sell the Good, free of any undisclosed lien or third-party claim.
• The Good is not stolen, counterfeit or a misrepresentation, and infringes no rights.
• Your description — materials, gemstones, metal, hallmarks, weight, age, origin, maker, condition — is accurate and not misleading.
• The sale, export and shipment comply with all applicable laws (precious metals and stones, cultural property, endangered-species materials such as ivory or certain corals (CITES), and sanctions/export controls).
• You will ship promptly, in the condition described, fully insured and with tracking (see 8.2).

You, not the Company, are responsible for any taxes, duties and legal obligations arising from your sale, except where these Terms or law expressly place an obligation on the Company.

8.1 High-volume sellers (U.S. INFORM Consumers Act)

Sellers who reach a high volume of transactions must, upon request, provide and verify bank account information, contact information and tax identification number. We may collect, verify and — where required by law — disclose certain seller identity and contact information to buyers. Failure to provide required information may result in suspension.

8.2 Shipping, tracking and insurance

You must ship every Good fully insured and with tracking, and provide a valid tracking number when marking the item as shipped. You choose the insured value, but it is your responsibility to insure the shipment for at least the sale price.

Risk of loss and damage in transit rests with the seller until the buyer receives the Good. If a package is lost, stolen or damaged in the mail, the loss is yours to bear and to recover from your carrier or shipping insurer. The Company is not a shipper or insurer, does not carry insurance on your behalf, and cannot and will not reimburse you for items lost, stolen or damaged in transit. Where an item is not received or arrives damaged, the buyer’s remedy is the dispute process in Section 9.9, which may result in a refund funded from amounts otherwise payable to you.

9 · Orders, payments and disputes

By placing an Order you warrant that you are legally capable of entering into binding contracts.

9.1 Our position in orders

We are a facilitator between buyers and sellers and a third party to Orders, which limits our liability in any dispute between them. We are not a party to any agreement you enter with another user.

9.2 Payment and payout schedule

All payments are processed through our Payment Processor (Sharetribe / Stripe), under its own terms. We do not hold or control user funds; funds are collected from the buyer at purchase and held by the Payment Processor — not by us — until released.

Payout to the seller follows a fixed schedule. Funds are released to the seller 14 days after the buyer confirms receipt of the item. If the buyer does not confirm receipt, funds are released automatically 30 days after the seller marks the order as shipped. The buyer cannot accelerate payout. This is a payout schedule for sellers; it is not a buyer guarantee, and we do not hold funds in trust.

Sellers must provide a valid tracking number when marking an item as shipped.

9.3 Service fees

We charge fees (and applicable taxes) for use of the Service:

• Buyer fee: a 6% fee is added on top of the item price at checkout.
• Seller commission: an 18% commission is deducted from the sale price paid out to the seller.

The exact amounts are displayed during your Order. We reserve the right to change fees, with changes applying to Orders placed after the change.

9.4 Taxes and marketplace facilitator obligations

Prices may exclude taxes. Where required by law (including as a “marketplace facilitator” under applicable U.S. state law), we will calculate and collect sales tax, VAT, GST or similar at checkout and remit them. Otherwise, the seller and/or buyer is responsible for applicable taxes.

9.5 Customs, import duties and cross-border shipments

Goods may ship internationally. Unless stated otherwise at checkout, the buyer is the importer of record and is responsible for all import duties, VAT, customs charges and brokerage fees. Risk of loss or damage in transit is governed by Section 8.2 and rests with the seller until the buyer receives the Good.

9.6 Availability, errors and inaccuracies

Goods may be mispriced, described inaccurately or unavailable. We do not guarantee the accuracy of any information and may correct errors and update information at any time without notice.

9.7 Order cancellation

By us: we may refuse or cancel an Order at any time (e.g. availability, errors in description or price, suspected fraud).

By sellers: if a seller cancels before funds are released, the amount paid by the buyer (including refundable Service fees) is refunded to the buyer.

By buyers: a buyer may cancel only before the seller has shipped, subject to the rules shown at checkout. Once shipped, an Order may not be cancelled for change of mind; the only remedy is the dispute process in 9.9.

9.8 Returns and final sales

Goods may not be returned or exchanged for change of mind or subjective dissatisfaction. The Service does not operate a returns facility and does not fund change-of-mind returns. This does not exclude a buyer’s remedies where a Good is not received or is materially not as described (Section 9.9), nor any non-excludable right under the mandatory law of the buyer’s own jurisdiction.

9.9 Order disputes

If a buyer is dissatisfied — for example, the item was not received, or is materially not as described — they must raise an issue directly with the seller within 48 hours of receiving the item. To do this, open the order under Orders & sales in your account and choose Raise an issue. This shares the seller’s contact details with you so the two of you can resolve the matter directly between yourselves. If it is not resolved within 7 days of first contact, we will review the case and may, at our reasonable discretion, facilitate a refund, partial refund or release of funds. While a dispute is open, payout is paused. Our decision relates only to the timing and release of funds held by the Payment Processor and does not determine the underlying legal rights between buyer and seller.

Deadline where an item never arrives. If your order does not arrive, you must raise an issue before the order completes automatically — which happens 30 days after the seller marks the order as shipped. We send reminders before this deadline. Once an order has completed, it can no longer be disputed and no refund can be issued through the Service, so if your order has not arrived, raise an issue before this deadline.

9.10 Returns as part of a dispute resolution

Where a dispute is resolved in the buyer’s favor on the condition that the Good is returned to the seller, the buyer must return it promptly, insured and with tracking, and submit the return tracking number on the order page. The buyer pays for return shipping. Because a return only arises from a dispute (not change of mind), this cost is not reimbursed by the Company. The buyer’s refund for the item is released once the seller confirms the returned Good has been received, or automatically if the seller does not confirm within 10 days of the return being shipped. If the buyer does not ship the return within 14 days, the order is completed and the seller is paid. If the returned Good arrives damaged, altered or not the item that was sold, the seller may reopen the dispute for our review.

Card chargebacks are handled separately under the card networks’ rules and fall outside this payout schedule.

10 · Disclaimer and limitation of liability

10.1 Limitation of liability

The entire liability of the Company and its suppliers, and your exclusive remedy, is limited to the amount actually paid by you through the Service, or USD 100 (or local-currency equivalent) if you haven’t purchased anything. To the maximum extent permitted by law, we are not liable for any special, incidental, indirect or consequential damages. Some jurisdictions do not allow such limitations, so some may not apply to you.

10.2 “As is” and “as available”

The Service is provided “as is” and “as available”, with all faults and without warranty of any kind. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement, and make no representation that the Service will be uninterrupted or error-free, or that Goods listed by sellers are authentic or as described.

10.3 Links to other websites

The Service may link to third-party sites we do not control and for which we assume no responsibility. Read their terms and privacy policies.

10.4 Translation

If these Terms have been translated, the original English text prevails in case of a dispute.

11 · Complaints and disputes with us

11.1 How to raise a complaint

Email hi@nextmine.io with your name and account email, the relevant Order number, a description of the issue and the outcome you seek. We aim to acknowledge within 15 business days and provide a substantive response within 30 days.

11.2 Which process applies

• A complaint about an Order with another user is handled under Section 9.9.
• A complaint about the Service or the Company is handled under this Section 11.

11.3 Informal resolution first

You agree to first try to resolve any concern informally by contacting us before pursuing any other remedy.

12 · Intellectual property of the service

The Service and its original content (excluding user Content), features and functionality are the exclusive property of the Company and its licensors, protected by copyright and trademark laws. Our trademarks may not be used without our prior written consent.

13 · Your feedback to us

You assign all rights in any Feedback you provide. If that assignment is ineffective, you grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use and exploit such Feedback without restriction.

14 · Changes to these terms

We may modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to give at least 30 days’ notice before the new terms take effect. By continuing to use the Service after revisions become effective, you agree to the revised terms. If you do not agree, please stop using the Service.

Questions? Contact us at hi@nextmine.io.