Effective Date: January 1, 2025
1. ABOUT KOPKAP
Kopkap is operated by:
Aurelia Luce
Sole Proprietorship (Eenmanszaak)
Registered in the Netherlands
KVK: 98831399
VAT: NL005356274B85
Kopkap operates an online intermediary platform within the meaning of Article 3(g) of Regulation (EU) 2022/2065 (Digital Services Act).
Kopkap is a digital platform facilitating responsible rehoming and transfer of ownership of companion animals between users.
Important: Kopkap does not sell animals and does not take ownership at any time.
2. ROLE OF THE PLATFORM
- Kopkap enables users to publish listings for the transfer of ownership of companion animals.
- Any agreement is concluded exclusively between users.
- Kopkap acts solely as a technical intermediary and secure payment facilitator.
- Kopkap does not verify ownership, health condition, legality, veterinary compliance, or transport documentation.
- Kopkap is not a breeder, seller, buyer, transporter, or exporter.
- Any financial compensation agreed between users forms part of a private ownership transfer agreement between them.
3. ELIGIBILITY
3.1 Age Requirement
The Platform is limited to individuals aged 18 or older.
3.2 Verification Requirements
- Sellers (Transferors) must complete identity verification before listing.
- Professional users must comply with applicable EU and national laws.
3.3 Age Verification
Kopkap reserves the right to request additional proof of age at any time.
If a user is found to be under 18, the account may be immediately suspended or terminated.
Any ownership transfer initiated by a minor may be cancelled.
4. USER VERIFICATION (KYC)
- No transfer listing may be published without identity verification.
- Verification may include:
- Government-issued ID
- Address confirmation
- Biometric verification
- Bank validation
- VAT verification (if applicable)
- Business registration documents
- False information results in immediate suspension.
- Verification may be conducted via Stripe Connect or approved providers.
5. PRIVATE & PROFESSIONAL USERS
5.1 User Declaration
Users must declare whether acting as:
- Private individual
- Professional breeder or trader
5.2 Professional Responsibilities
Professional users are solely responsible for compliance with:
- EU consumer law
- VAT obligations
- Withdrawal rights
- Mandatory disclosures
Kopkap does not assume professional obligations.
6. RIGHT OF WITHDRAWAL (PROFESSIONAL USERS)
Where the transferor acts as a professional, EU consumer withdrawal rights may apply.
Such rights are exercised exclusively against the professional user.
Note: Kopkap is not responsible for processing returns.
7. PAYMENT & PROTECTION SYSTEM
- All financial compensation must be processed exclusively via Stripe Connect.
- Off-platform payments are strictly prohibited.
- Funds may be held during a Protection Period determined by Kopkap policy.
- Kopkap may temporarily freeze funds in case of dispute or fraud suspicion.
- Kopkap decisions concern only fund release and do not constitute judicial rulings.
- Stripe operates as an independent regulated payment institution.
7.1 Currency
All amounts on the Platform are displayed and processed in Euros (€), unless explicitly stated otherwise.
8. ANIMAL LEGALITY & WELFARE
8.1 Legal Requirements
Only animals legally eligible for ownership transfer under EU and national law may be listed.
8.2 Transferor Representations
The transferor represents that:
- They legally own the animal
- Transfer is lawful
- Required permits are obtained
- CITES rules are respected
8.3 Transport Compliance
Sellers and recipients are strictly prohibited from using transport methods that violate EU animal welfare legislation, including Council Regulation (EC) No 1/2005.
8.4 Transferor Responsibilities
The transferor is solely responsible for:
- Health
- Vaccination
- Microchipping
- EU Pet Passport
- Veterinary documentation
- Import/export compliance
Kopkap does not verify veterinary documentation.
Users indemnify Kopkap against any claim arising from unlawful ownership transfer.
9. PROHIBITED LISTINGS
Users may not publish:
- Illegal animals
- Stolen animals
- Animals subject to abuse
- False or misleading information
- Duplicate listings
- Listings violating EU restrictions
10. DUPLICATE LISTINGS & ACCOUNT ABUSE
- Only one active listing per animal is permitted.
- Multiple accounts for the same purpose are prohibited.
- Reposting identical listings without justification is prohibited.
11. DATABASE RIGHTS & ANTI-SCRAPING
The Platform database is protected under EU Database Directive (96/9/EC).
Prohibited: Automated data extraction, scraping, or republication is strictly prohibited.
Legal action may be taken against violators.
12. REVIEWS & USER FEEDBACK
- Users may provide feedback after completed ownership transfers.
- Reviews must be truthful and based on actual interaction.
- Defamatory or abusive reviews may be removed.
- Kopkap does not guarantee review accuracy.
13. ARTIFICIAL INTELLIGENCE DISCLAIMER
Kopkap may use AI technologies to assist listing creation, improve search, detect suspicious activity, and provide support.
Important: AI-generated content may contain inaccuracies. Users remain responsible for verifying information. Kopkap excludes liability arising from AI-generated outputs.
14. RANKING TRANSPARENCY
Listings may be ranked based on:
- Publication date
- Relevance
- Completeness
- Verification status
- Engagement indicators
- Compliance history
Ranking systems may change at any time. Paid visibility features, if introduced, will be clearly indicated.
15. DIGITAL SERVICES ACT – NOTICE & ACTION
Illegal content may be reported via in-app reporting tools or email.
Kopkap will act without undue delay.
Repeated violations may result in suspension.
16. INTERNAL COMPLAINT SYSTEM
Users may challenge:
- Content removal
- Account suspension
- Fund withholding
Complaints must be submitted within 6 months.
17. OUT-OF-COURT DISPUTE RESOLUTION
EU users may use the European Commission's ODR platform:
https://ec.europa.eu/consumers/odr
Access to courts remains unaffected.
18. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Kopkap excludes liability for:
- User misconduct
- Animal health issues
- Transport violations
- Regulatory breaches
- Indirect damages
Maximum liability is limited to:
The higher of:
- Fees paid in previous 6 months
- or €250
19. DATA PROTECTION (SUMMARY)
Kopkap acts as Data Controller under GDPR.
Personal data is processed for:
- Contract performance
- Fraud prevention
- Legal compliance
Financial data retained 7 years under Dutch law.
A separate Privacy Policy applies.
20. SUSPENSION & TERMINATION
Kopkap may suspend or terminate accounts for fraud, legal risk, policy violations, or failure to complete verification.
Listings may be removed without compensation.
21. GOVERNING LAW
Dutch law applies.
Disputes fall under jurisdiction of competent Dutch courts.
22. CONTACT INFORMATION