FREEKI LTD TERMS AND CONDITIONS

This User Agreement becomes effective upon the acceptance of our users who accept it by agreeing to this Terms and Conditions and registering a Freeki.com account.
1. INTRODUCTION
You are welcome to the official website of Freeki Ltd also known as Freeki.com. This User Agreement fully govern the use of and operation of our website and when accessing or using our services. Therefore, you are advised to review the terms and conditions listed below prior to using this website as the use of this website indicates you agreed to be completely bound by its terms and conditions.
2. ABOUT FREEKI LTD
Freeki Ltd/ Freeki.com - An E-commerce platform integrated with our global logistics services which is an interphase between suppliers and customers as well as ensures the safe delivery of goods to the customer and efficient payment to the supplier.

Freeki.com does not have possession of anything listed or sold through it, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. Freeki.com is a marketplace that allows users to offer, sell and buy various goods and products all around the globe.

The pricing, listing, posting and other guidance provided the company is optional as parties may decide whether or not they want to go with it or operate under fresh terms which must be consented to by Freeki.com. Also, Freeki.com does not review users listings or content.

Freeki Ltd may help to resolve disputes using various programmes like mediation, etc but exempts itself from any liability arising from the existence, quality, safety or legality of items advertised or the accuracy of the users content, listings or feedback; the ability of buyers to pay for items; or for refunds.

Freeki Ltd has a valid payment method with the sellers at all times as the company automatically charges the seller’s account for the percentage of the proceeds of sale being the chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up your account.
FREEKI UK AND FREEKI AFRICA
When a new user gets on the Freeki.com’s platform, he is to choose between two sections- Freeki UK and Freeki Africa. Freeki UK is for users (both buyers and sellers) located in the United Kingdom as well as in European, American and other Western countries.

Freeki Africa on the other hand is for users located in the African countries. Here, African crafts, art work, artifacts, African clothes, etc are being sold.

The Buyer is responsible for choosing the measurements for the textile Order he makes under Freeki Africa. Therefore, neither Freeki Ltd nor the Tailor/seller would be held liable for any error, mistake or inaccuracy the buyer makes when choosing the measurements of the textile order. The Buyer is bound by the measurements he chooses. However, the Tailor/Seller would be held liable if he fails to comply with the measurements chosen and provided by the buyer when sewing the outfit. Again, Freeki Ltd is exempted from liability if the seller fails to comply with buyer’s measurements.

It is the responsibility of the Tailor/seller to provide the material used in sewing the Freeki Africa’s outfits and not Freeki.com. Therefore, it is the Tailor/seller and not Freeki.com that shall be held responsible for failing to supply such material or providing one that is not ordered by the Buyer. The Tailor/seller shall provide the material within 3 days.

3. REFUNDS
In the case of refunds, if a seller chooses or is required to reimburse the buyer or Freeki Ltd where a case was resolved in the buyer's favour, the following would be applicable:
  1. Funds will be removed from the seller's PayPal account to reimburse the buyer for the cost of the item and other associated cost such as logistics/ delivery cost in accordance with the seller's authorisation provided to us under this User Agreement; or
  2. In the case where there are insufficient funds in the seller's PayPal account, Freeki.com directly refund the buyer for the cost of the item and the original logistics/delivery cost, after which, the seller must reimburse us in full, and in a timely manner.
4. USING FREEKI LTD
While using or accessing the Freeki Platform, the following guidelines and or policies must be strictly adhered to. Thus, you will not:
  • infringe the copyright, trademark or other rights of third parties;
  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, or our systems or policies;
  • sell any counterfeit items;
  • use our Services if you do not have the legal capacity to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
  • fail to pay for items purchased by you, unless you have a valid reason as set out in a Freeki Ltd policy, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy);
  • fail to deliver items sold by you, unless you have a valid reason as set out in a Freeki Ltd policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
  • manipulate the price of any item or interfere with any other user's listings;
  • post false, inaccurate, misleading, defamatory, or libellous content;
  • take any action that may undermine the Feedback or ratings systems;
  • transfer your Freeki.com account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • use the contact information of other users for any purpose other than in relation to a specific Freeki.com transaction on the Freeki.com site (which includes using this information to send marketing materials directly to Freeki.com users unless the user has given explicit consent to receiving these materials);
  • distribute viruses or any other technologies that may harm Freeki.com, or the interests or property of Freeki.com users;
  • use any robot, spider, scraper or other automated means to spy on or access our Services for any purpose;
  • bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any Freeki Ltd application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Freeki Ltd. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Freeki Ltd or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
  • commercialise any Freeki Ltd application or any information or software associated with such application;
  • harvest or otherwise collect information about users, such as email addresses, without their consent; or
  • circumvent any technical measures we use to provide the Services.

Also, if you are registering with Freeki.com as a business entity, you represent that you have the authority to legally bind that entity.

If found violating the policy on Offers to buy or sell outside of Freeki.com, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account and in the case of a seller who asks for the buyer's contact information in the context of buying or selling outside of Freeki.com, you will face liability for all final value fees in consideration for the introduction to a buyer for that item on the Freeki.com site, even if the item does not sell.

Freeki Ltd also reserves the right to discontinue any account or cancel any account for any reason specifically for an account that has been inactive for a long period of time or that which has proven fraudulent activity connected to it.
PROHIBITED ITEMS
Everyone who uses our platform understands and accepts that FREEKI LTD and its agents are expressly prohibited from transferring any explosives, guns, ammunition, weapons, flammable products, live pets, live plants, any contraband, drugs or narcotics, and or any illegal goods. Upon discovery, such prohibited items and may be confiscated or disposed of by law enforcement the Order may be cancelled in entirety without any remuneration or compensation to the subject buyers and sellers. The subject buyers and sellers will be solely responsible for any fees, fines, damages, or other liabilities arising from a violation of these terms .
ABUSING Freeki.com
The following are the circumstances where transactions with Freeki.com may be abused:
  1. where it is suspected that you are creating problems or possible legal and financial liabilities and risks for us, our users, suppliers or other third parties;
  2. where it is suspected you are infringing the rights of third parties;
  3. where you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
  4. where we are unable to verify or authenticate any information you provide to us after endeavouring to do so.
Where there is a User Abuse as shown in any of the above scenarios, Freeki Ltd may limit, flag, suspend, or terminate your user account(s) and access to our Services, restrict or fully prohibit access to, and your activities on, our Services, cancel bids, remove or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services. Where a User Policy issue arises, we will take into consideration such as the User’s performance history and may opt a more lenient approach to make for a win/win situation for both parties but we will apply this approach with our discretion.

5. FEES
Payment for an item is a full, one-off payment. Instalment payments are disallowed in the Freeki.com Fees Policy.

Freeki.com charges are based on percentage of sales as commission. We may introduce new fees from time to time when the need arises. A 30 days advance notice of any change or introduction of new fees will be given and as such users may close their accounts without penalty within 2 weeks of giving their notice.

A seller is still liable for percentage-based commissions arising from sales of listings on Freeki.com even if payment is made outside Freeki.com. Such services include referencing your contact information or asking for a buyer’s information and in these circumstances, the seller will be charged for transaction commissions in consideration for the introduction to a buyer for that item or good on the Freeki.com website if the sale was made outside the Freeki.com platform.

Sellers are required to have a sales proceed receipt method with Freeki.com, to allow for transfer of net sales proceed.

All proceed transfer are transfer at net of sales commissions.
6. PURCHASE CONDITIONS
When purchasing an item, a buyer must comply with the User Agreements relating to Purchase Conditions and he or she is responsible for:
  • Reading the full item list before making a commitment to buy.
  • Enters into a legally binding contract when he commits to buy an item;
7. INTERNATIONAL BUYING AND SELLING.
It is the responsibility of Sellers and buyers to comply with all laws and regulations applicable to international sales, purchases, and postage of items. Most of our Services are readily accessible to international sellers and buyers. We also offer certain programmes and tools of particular assistance to international sellers and buyers, such as estimated local currency conversion.
8. CONTENT
When we are provided with content either physically or via our platform, using our services, you grant us a non-exclusive, international, perpetual (or for the duration of any copyright or other rights in such content), royal free, irrevocable, sub-licensable right to use the content and you authorise us to exercise any database and/or intellectual property rights you have in or to the content in any media known now or developed in the future. Also, you waive all rights including intellectual property rights and moral rights in the content and promise not to assert such rights you have in the content against us, our sublicensees or our assignees.

Freeki.com tries to offer reliable data, but cannot guarantee that the content provided through the Services will always be available, accurate, complete and current. Therefore, Freeki.com or its product data providers is not to be held responsible or liable for inaccuracies. When you use catalogue content in connection with your listings, you agree to ensure that the content directly associated with your listings is and remain accurate, and that you continue to fully comply with this User Agreement and all Freeki.com policies. The catalogue and product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the catalogue or product data or create any derivative works based on that data.

The name "Freeki.com" or ‘Freeki Ltd’ and other Freeki marks, logos, designs and phrases is a trademark and may not be used unless expressly authorised by Freeki Ltd in writing.

The user and Freeki Ltd are separate and independent controllers, and as such are not to be jointly but shall be individually and separately responsible for complying with the obligations that apply to each party as a controller under applicable data protection laws. Users shall comply with their obligations under applicable data protection laws (including but not restricted to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”) and supplementing EU and local data protection laws. This also includes the obligation to provide safeguards for the transfer of personal data to a third country or an international organisation.

The further processing of the personal data is not permitted unless when legally required (for instance where a retention obligation is applicable).

The failure to abide by the above mentioned obligations may lead to account suspension or/ and account being closed permanently.
9. LISTING
When a user lists an item for sale on Freeki.com Services, he or she agrees to comply with Freeki.com's listing policies that:
  • The user bears responsibility for the accuracy and content of the listing and item offered.
  • Freeki.com cannot guarantee exact listing durations as the user’s listing may not come up immediately when searched by keyword or category for several hours (for up to 24 hours in some circumstances).
  • Your fixed-price listings renew automatically every 30 days, based on the listing terms at that time, until the quantities are sold out or until either you or Freeki.com in his own discretion cancels such listings.
  • Any content or listing that violates Freeki.com’s policies may either be modified or may be outrightly deleted by Freeki.com using its discretion;
  • You bear the responsibility for all taxes (including but not restricted to penalties, fines, charges, or late payment interest) related to your sales on the Freeki.com.
  • Freeki.com may revise product data linked with listings to add or supplement, remove, or correct information;
  • Listing results appearing in search and browse may be based but not restricted to factors such as listing format, title, bidding activity, end time, buyer’s location, search query, number of listing matching the buyer’s query, keywords, price and postage cost, Feedback and Freeki.com policy compliance;
  • Freeki.com may provide you with options to consider when creating your listings. Such recommendations may be based on successful sales history of similar sold and current listings. Note that results will vary for individual listings. You also agree that we may display the sales and performance history of your listings to other sellers in order to assist you in your listings experience.
10. RETURNS
Under certain circumstances sellers can create their own rules to automate returns and refunds. For new sellers, Freeki.com may set a default rule that automates the return process for some or all listings where returns are accepted. A Freeki Ltd return postage label will be provided to your buyer in the case of a return.

To refund the buyer, the seller authorises Freeki ltd to request PayPal to reverse the refund amount (in the same or other currency) from the seller’s PayPal account, and place the amount on your seller invoice as a fee (which may be charged to the seller’s automatic payment method on file).

Where the buyer returns an item because it does not match the listing description, sellers will usually bear responsibility for return postage costs. Similarly, the cost of return shipping for an item that is not as described is the seller’s responsibility.

The seller authorises Freeki.com to include return postage charges and auto-refunds on the seller invoice as a fee, which may be charged to his or her automatic payment method on file, in the following situations:

  • A Freeki-generated return postage label is used, and the seller is responsible for its cost;
  • Returns and refunds have been automated; and/or
  • The seller fails to send his/her buyer a return postage label and instead uses a Freeki-generated label.

Where the seller chooses to refund the buyer via Freeki.com, he authorises Freeki.com to request PayPal to reverse the refund amount (in the same or other currency) from the seller's PayPal account, to the buyer.

When a buyer wants to make a return, he or she must state the reason for the return.

Where the item arrives damaged, faulty or broken, the buyer must provide at least 5 photographs showing the defects or faults on the product.

The buyer has 7 days to make a return and if after that time he does not make that return, then the seller can contact Freeki.com’s Admin or Customer Support Service and then the buyer will be foreclosed in making the return.

Buyers are allowed to cancel a return in case they changed their mind about returning it.

However, buyers must be sure they want to cancel their returns, as they would not be allowed to re-open a Return case once it is closed.

Where a buyer abuses the Returns Policy, this may result in a range of actions, such as issuing warnings to buyers, blocking buyers from requesting returns or refunds on Freeki.com, blocking buyers from opening claims, the loss of Freeki.com Money Back Guarantee coverage, and finally account suspension.

11. Freeki.com Moneyback Guarantee.
The Freeki.com Money Back Guarantee helps buyers and sellers communicate and resolve issues if there is a problem with a purchase. The Freeki.com Money Back Guarantee policy is part of this User Agreement and is by reference, incorporated. You agree to comply with the policy and permit us to make a final decision on any case.

Sellers must have a payment method on file with Freeki.com. Although, sellers by choice, may change this payment method by contacting Freeki.com. If Freeki.com resolves a case in the buyer's favour, or if a seller chooses to reimburse a buyer, Freeki.com may notify PayPal of the relevant case and remove funds from the seller's PayPal account to reimburse the buyer for the full cost of the item and postage. In the case where there is insufficient funds in the seller's PayPal account, Freeki.com will directly refund the buyer and charge the seller's designated payment method or put the amount on the seller's invoice.

Under the Freeki.com Moneyback Guarantee, a seller:
  • authorises and instructs us to request PayPal to collect or reverse variable amounts from your PayPal account to reimburse a buyer;
  • authorises and instructs us to request PayPal to collect or reverse variable amounts in other currency holdings from your PayPal account to reimburse a buyer where he does not have sufficient funds available in the transaction currency;
  • authorises and instructs us to request PayPal to restrict the seller’s access to funds (the restriction will be for the sum equivalent to the cost of the item and original postage costs paid by the buyer) in his PayPal account at any point during the time of the refund. (This may lead to PayPal determining to restrict funds in the seller’s PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies;
  • in cases where Freeki.com refunds the buyer directly, authorises and instructs us to charge the payment method you select to recover the amount we pay to the buyer and;
  • authorises and instructs us to place the reimbursement amount on the seller invoice, including but not restricted to the cost of return postage cost.

You agree that your authorisations above-mentioned will be made on a recurring basis and on various dates as required by us in order to implement the terms of the Freeki.com Money Back Guarantee policy.

Under this policy, sellers are free to choose their preferred method except where it is impossible to choose that particular method. However, if sellers do not provide Freeki.com with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including engaging collection agencies. If Freeki.com suspects abuse or violation of the policies by the seller, we may suspend the Freeki.com Money Back Guarantee policy without notice.

12. Correcting mistakes in payments to buyers and sellers
Freeki.com reserves the right to correct any processing errors it discovers. It will amend or correct any processing errors by debiting or crediting the payment method used for the Freeki.com Money Back Guarantee refund policy.

13. International Shipping Programme
Since Freeki.com offers international freight services, one of the ways that it may make Freeki.com listings available to international buyers on Freeki.com is through its International Shipping Programme. Where you are a seller with items for sale located in the UK, other European nations, America, China and other Asian Nations which is being purchased from you by an international buyer in a country eligible for the International Shipping Programme, you the seller will post the item to our shipping centre located in the UK, and where you are a seller with items for sale located in Nigeria which is being purchased from you by an international buyer in a country eligible for the International Shipping Programme, you the seller will post the item to our shipping centre located in Nigeria.

A third party global high-tech shipping provider will oversee the customs clearance, processing and international postage of the item to your buyer. International buyers will pre-pay any applicable postage and import charges during checkout and will benefit from international tracking of the item from the shipping centre to delivery for items that are purchased by international buyers through the International Shipping Programme.

Freeki.com may choose to make a seller’s listings available to international buyers through the International Shipping Programme unless the seller decides to opt out of the programme at either an account, country or listing level.

You will also be acknowledging that you have read and agreed to the International Shipping Programme Seller policies and that they will apply to you as a seller and to all of your new and existing listings. These terms include, but are not restricted to the following provisions:

  • a third party agreement for the parcel customs clearance, processing (for non-EU shipments), and international postage and tracking services, including your consent to the disclosure of certain personal information to third parties in connection with those services;
  • an authorisation for third parties to act in your place to facilitate the export clearance of items that you sell through the International Shipping Programme outside the EU;
  • that you agree and are responsible for ensuring that your listings and items are compliant with applicable overseas laws and regulations;
  • a description of the items that are ineligible for the programme and restrictions on the value, weights and dimensions of items that may be sold through the programme;
  • a list of countries that are eligible for the programme; and
  • policies governing the handling of lost, damaged and undeliverable items (including their possible disposal), returns, and the resolution of Freeki.com Money Back Guarantee claims for items that you sell through the programme.
  • The Seller delivers and transfers risk of loss or damage by handing over goods to us. We will ensure the goods are cleared for export and delivered to the named place of destination. It is, however, the buyer’s responsibility to cover all transfer and insurance costs as the Buyer bears the risks of loss or damage from the moment they we receive the goods from the seller.

13.1. Prohibited items on the International Shipping Programme.
The following items are officially prohibited on Freeki.com’s platform and cannot therefore be freighted under the Freeki International Shipping Programme:
  • Illegal substances such as illegal drugs, marijuana and other related items.
  • Any government-banned items.
  • Human beings, animals and other living organisms.
  • Weapons
  • Perishable goods.
  • Substances that dissolves, solidifies or changes to any other state after a certain temperature.

13.2. Restricted items for Freight.
Under the International Shipping Programme, all items not mentioned under the Prohibited items can to be shipped by Freeki.com with the assistance of high-tech shipping companies. The only exceptions are cars and other motor vehicles that do not qualify under our International Shipping Programme. Under the platform, sellers are allowed to list cars and other motor vehicles but it is not the responsibility of Freeki.com to ship them and it is left to the seller and buyer to make their own private arrangement for the shipping.

CAR SHIPMENT
In addition to the above terms, all sellers using our service to transfer and or sell vehicles must ensure that they prove their ownership of said vehicle through the relevant vehicle licensing agencies.

A Bill of Lading will be issued and lodged with all relevant paperwork confirming shipment, departure ports and delivery ports and the type of shipment.

The nature, specifications and condition of all vehicles will be agreed by both seller and buyer. FREEKI LTD is not party to said agreement and will only ensure that all shipments are collected from the seller and delivered to the buyer.

FREEKI LTD will only bear the risk for any loss or damage incurred when the shipment is in its possession, which is when the shipment is collected from seller and transferred to freight company and when it is collected at the destination port and delivered to the buyer. FREEKI LTD will not be liable for the shipping process and terms must be agreed by sellers and buyers as to insurance.

Car Seller Responsibilities.
  1. Seller must ensure that the vehicle is as described.
  2. Seller must be responsible for including the international freight cost and local logistical cost on the automobile listing.
  3. Seller is responsible for sending the vehicle purchased to the customer’s chosen sea port destination.
  4. Sellers are responsible for ensuring the vehicle’s Bill of lading, is sent to Freeki.com Office in the Customer destination homeland as quickly as possible via a registered courier service with tracking number.
  5. Any additional cost resulting from delay in receiving Bill of Lading will be charged to the seller’s account.

14. LIABILITY
Freeki.com is safe and secure; however it cannot guarantee an always constant access to its services or guarantee its functionality as it is subject to network, logistics or natural forces beyond Freeki.com’s control.

None of the items or goods listed on Freeki.com are owned or sold by it. Also, it is not involved in the sale transaction between the buyers and sellers on Freeki.com.

Therefore, the buyer and seller hereby agree that Freeki.com (including our parent, subsidiaries, affiliates, directors, agents and employees) would be held free from any liability in contract, pre-contract or other representations in tort, for all transactions conducted on the Freeki.com.

Freeki.com would also not be held liable for the following:

  • Any business losses, such as loss of data, profits, revenue, business, delay, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by Freeki.com.
  • For any damage to your hardware from using our services.
  • Viruses or other malicious malware gotten from accessing Freeki.com’s services,
  • Errors, inaccuracies or mistakes including typographical errors made in our services;
  • Loss of business or business opportunity due to any changes made in the Freeki.com’s policies or Terms and Conditions.
  • Any change in the operation or practice of the user’s business as a result of any changes made in the future in Freeki.com’s policies or Terms and Conditions.
  • Any consequences resulting from the suspension of a user’s account with Freeki.com;
  • Any misrepresentation (whether or not fraudulent) of the validation of the information presented by the users, identity of the users or third parties or accuracy of the items provided by the users posted on Freeki.com.
  • Freeki.com will not be held liable for any VAT issues as VAT liability tests is in the purview of the seller.
  • The seller indemnifies Freeki.com from all claims relating to the quality of the goods and services provided by the seller and the seller further indemnifies Freeki.com from third parties’ claims resulting from any violation of laws and regulations by the seller.

Users also agree that Freeki.com is exempted from liability from delay in the shipment or international freight of goods under its International Shipping Programme from the loss of goods at the high seas as this part of the operation is solely in the hands and control of high tech shipping companies Freeki.com employed for this purpose.
Limitation of Liability
  • The total cumulative liability of FREEKI LTD for any and all claims and damages, whether arising from statute, contract, tort or otherwise, shall not under any circumstances exceed the total fees paid by service users to FREEKI LTD for its services as per the relevant order transaction.
  • Except as otherwise provided herein, FREEKI LTD makes no warranties for any of its services and hereby disclaims all warranties or representations, expressed or implied, including any implied warranties of title, non- infringement, merchantability, fitness for a particular purpose or use, and any warranties arising from course of dealing, usage or trade practice.
  • Under no circumstances will FREEKI LD be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to a shipment or these terms, even if advised of the possibility of such damages.
Indemnification
Service users agree to indemnify, defend and absolve FREEKI LTD and it’s employees, officers and directors from and against any and all losses, liabilities, damages, payments, settlements, judgments, penalties, fines, expenses, (including legal fees), and costs and or claims (whether actual, potential, threatened or pending), brought by any person or entity, including damages for injury or death of persons and/or damage to property, including real property and/or the environment, claim liability and damages, arising from the acts or omissions of the sellers,, its agents, employees or representatives.
15. LEGAL DISPUTE
In the case of a dispute arising between Freeki.com and a user, the matter should first be directed to Freeki.com’s Customer Support Service. Only when it cannot be resolved by Customer Support Service would it be referred to mediation and if it still cannot be resolved then referred to arbitration before it is now referred to litigation after all forms of Alternative Dispute Resolution (ADR) have been explored.

All claims or disputes shall be governed by English law and parties are to submit themselves only to the exclusive jurisdiction of the English courts and in all cases English law will be applicable.

If a dispute is to be resolved through arbitration, it would be before a single arbitrator held in England and governed by English law pursuant to the UK Arbitration and Conciliation Act, 1996 as amended, replaced or re-enacted from time to time.

A person who is not a party to the User Agreement has no right to enforce any term in this User Agreement however this does not affect any right or remedy of a third party specified in this User Agreement.
16. LEGAL NOTICES
Freeki.com shall send notices to the users by email to the email address they provide to it during the registration process.
17. COMPENSATION
Freeki.com will be compensated in full (along with its officers, directors, subsidiaries, agents, joint ventures and employees) for any losses or costs, including reasonable legal fees, it incurs arising out of any breach of the User Agreement by the user, his/her improper use of Freeki.com's Services or his/her breach of any law or the rights of a third party.
18. User Privacy Policy
All parties (Freeki.com, sellers, buyers, agents, involved third parties including shipping companies and courier services) are under the obligation to be confidential about the content of this agreement as well as information and data they receive from this platform and the business from this platform and not use outside the scope of this contract or give it to third parties. The obligation is still in force two years after the termination of this agreement.

The User Privacy Policy applies to the use of Freeki.com’s website, applications tools and services. Freeki.com is also responsible for the collection and protection of User’s data relating to the provision of its services and whether it operates in the particular country.
18.2. Data Protection Officers.
We make the provision for Data Protection Officers for countries where it is mandatory to do so. Users are free to contact their Data Protection Officers to make enquiries about complaints or questions relating to Data Protection or Freeki.com’s User’s Privacy Policy. The list of the contact details for Data Protection officers can be found here.

If you do not have a Data Protection Officer for your country, you are free to contact the Freeki.com’s admin whose contact details can be found on its website.

Note that Freeki.com may share your information with third parties. This is for the purpose of not only providing great customer service but to also provide users with personalized marketing and advertisement strategies and also prevent and detect fraudulent activity.
18.3. Data Storage and Deletion
In accordance with the applicable data protection laws, User’s data will be stored by Freeki.com but will be deleted after usage in accordance with the data storage and deletion policy. User’s data will only be kept or retained for longer if Freeki.com is legally obliged to do so such as in the case of tax, auditing or accounting purposes.

Freeki.com may also retain data for a longer period of time in cases where data may be needed for the execution or contracts or for the defence against a legal action or claim. In these circumstances, the duration of the restriction of processing depends on the respective statutory limitation or retention periods.

Generally, under this policy, as far as is legally permissible, Freeki.com restricts the processing of user’s data instead of deleting it (for instance by restricting access to it).
18.4. Users’ Rights on Data Storage and Management
Users have the right to access, rectify, erase and restrict the processing of data with regard to their personal data subject to restrictions under National law or Freeki’s User Data Policy. Also, users can withdraw their consent and object to Freeki.com’s processing of their personal data on the ground of legitimate interests. Users are free to lodge a complaint with Freeki.com’s Admin or Customers Service Support on this issue.
18.5. Right to Consent to Cookies or other similar Technology
In order to give our users the best customer experience as well as provide them with more personalised marketing or advertisement, cookies may be used by Freeki.com. However, users have the right to refuse to consent to the use of cookies if this feature is supported in their device.
18.6. Data Security
In order to prevent data loss, mis-use, unauthorised access or disclosure, Freeki.com puts in technical measures in place such as using firewalls, encryption, restrictions on physical access to data, etc to further protect user’s data.
19. Rules For Sellers.
Freeki.com is committed to protecting an owner’s intellectual property rights. This is to ensure that users abide by the law and have trust in our platform. Therefore, owners of intellectual property owners could report to Freeki.com, listings or items that infringe on their intellectual property rights. These infringing and illegal listings or items are removed from the site, so as to secure the intellectual property of our buyers and sellers.

Other repercussions of sellers failing to adhere to Freeki.com’s policies on Rules for Sellers may lead to cancelling listings, buying or selling restrictions and/or even account suspension.

Members who are not intellectually property owners can as well assist Freeki.com by getting in touch with these owners and inform them to contact Freeki.com.
19.1. Listing or selling Policies.
For a better user experience and adhere to our policies, sellers must comply with the following policies:
  1. Freeki Ltd will only pay sellers after 7 days after the goods has been delivered to the buyer.
  2. Buyers and sellers can message each other on the platform but it is the seller that should message the buyer first indicate interest in the listing or product but such communication must be not be outside the product or Freeki.com business.
  3. The seller must guarantee that information listed on Freeki.com relating to his products satisfies all legal requirements and in particular satisfies information requirements for consumer protection.
  4. Sellers must guarantee that the information provided by him does not violate any third party’s copyright.
  5. The seller will contact buyers or customers no more than is necessary for processing the transactions referred to by Freeki.com. In particular, the seller will not send any advertising email or other commercial advertisements to the buyer without the prior consent of Freeki.com and in addition, the seller shall refrain from advertising any of Freeki.com’s competition.
  6. The seller must guarantee that there are no ongoing criminal, bankruptcy or tax proceedings or tax proceedings or penalties in relation to the products they are selling via the platform.
  7. Sellers are to provide accurate and consistent details about their items and to be clear, unambiguous and specific about the terms and conditions of the sale of such items.
  8. Sellers are to act professionally and friendly throughout the sale process.
  9. Sellers are not to withhold information that would jeopardise the sale and delivery of the item or good.
  10. Sellers can list cars and other motor vehicles for sale but should make arrangements with the buyer as to how the goods will be shipped as Freeki.com excludes itself from the shipping/freight of cars and motor vehicles.
  11. Sellers have the responsibility to replying to buyer’s questions or enquiries promptly before, during and after the purchase to maximise buyer’s satisfaction.
  12. Sellers are to incessantly review and update listings to make sure all information is accurate and up to date.
  13. Sellers must not provide fraudulent or misleading information of the item or terms and condition of sale and if found out will be held liable.
  14. Sellers are not allowed to change the terms and conditions of the item when the buyer has committed to buying it.
  15. Sellers are not allowed to provide inaccurate or vague product location, for instance stating the item’s location to be UK when the item is actually located in Italy.
  16. Sellers must only describe the items in the listing and not other products not included in their listing.
  17. Specify the condition of the item.
  18. Specify if the item has any fault or defect so that the buyer knows what he is getting himself into and if he fails to do that will be made to pay for the refund or face legal liability.
  19. Sellers must specify the item they want to sell in a clear photograph and any defect or fault on the item that is visible must be shown in the photograph to enable the buyer see the extent of the defect and let him make up his mind on whether to go about buying that particular item.
  20. Sellers must also specify whether the item is a used or/and refurbished one and show a photograph of it.
  21. When cancelling a listing for whatever reason (for instance, the item is out of stock, is damaged or a mistake was made in the listing), sellers have the duty to inform the buyer of this cancellation and his or her reason for cancelling it. The seller must also inform Freeki.com as well of the cancellation and the reason for doing so.
  22. Sellers must not cancel the listing 30 days after a sale has been made.
  23. Sellers must not use swear words, profane offensive language on Freeki.com’s platform.
  24. Sellers must not send anyone on Freeki.com any nudity, obscene images or vulgar words or images or content on the platform,
  25. Sellers are also not allowed to send content that is not related to the listings on Freeki.com’s platform.
  26. Sellers must and should state the price of each of their listing content or item.
  27. It is the legal obligation for sellers to sort out issues for your buyer if the sold item comes out damage or faulty when delivered to the buyer.
  28. Sellers must make sure the items they are offering are in stock for the duration of the listing and are delivered to the buyer so that he feels comfortable that the goods is available and will be delivered in a timely manner.
  29. Sellers must not offer an inflated number of items in a multi-quantity listing.
  30. Sellers have the responsibility of reviewing Freeki.com’s Rules for sellers as well as general Terms and Conditions before embarking on listing their items on the platform to avoid unknowingly breaking the rules although ignorance of these rules is not an excuse as you would have agreed to the terms and conditions before being allowed to create an account and sell on the platform.
  31. Items sold by business sellers to non-business consumers must be of satisfactory quality, as described and fit for purpose in conformity with the Sales of Goods Act 1979 (as amended).
19.2. Freeki.com Employee Trading.
When Freeki.com employees buy and sell on the platform, the same rules apply to them as Freeki.com’s members who are non-employees of Freeki.com. Freeki.com employees are held to the highest standards of conduct on the platform and need to comply with the terms and conditions of Freeki.com.
19.3. International Trading Policy.
Buyers who are buying goods from another country must check the import laws of their country as well as the laws in the other country they are buying from. Therefore, Members are responsible for making sure their transactions are lawful in both the country of the seller and the country of the buyer.

For some examples of items that may be legally prohibited or restricted, or that violate our policies in Freeki.com Nigeria, see Prohibited list under the International Shipping Programme.
19.4. Transactions outside of Freeki.com.
Under this policy:
  • Sellers and buyers cannot use the Freeki.com’s platform to engage in or complete transactions outside of Freeki.com.
  • Sellers and buyers cannot refer to or promote external websites that promote sales outside of Freeki.com.
  • Show item descriptions outside Freeki.com.
  • Sellers may not list an item and then offer additional identical, similar or related items for sale outside Freeki.com.
  • Sellers or buyers are not allowed to use any user information to contact another member to buy or sell off Freeki.com.
  • Sellers and buyers should complete purchase transactions in order to benefit from protection from Freeki.com.
It is important to note that transactions done using the Freeki.com to facilitate or promote transactions outside of the platform will not be protected by Freeki.com. Also, if the seller’s policies are not followed, it could result in a range of actions such as administratively cancelling listings, hiding or demoting all listings from search results, blocking some or all of your messages/communication with other members, lowering seller rating, buying or selling restrictions, account suspension, application of fees, and recovery of expenses as well as non-refund of fees involved in transactions done outside of Freeki.com done using the platform.
19.5. Resolving Technical Issues on the Platform.
If Freeki.com’s features is unavailable or is slowly loading, we might be carrying out scheduled maintenance. However, notice on this shall be provided by Admin on the Platform.

If there is no scheduled maintenance, and it shows the platform is functioning as normal but you're still experiencing difficulty, you can try clearing your cache and cookies.

Freeki.com can work with most browsers and if it does not the user might be the using the older version of a browser and may have to update it. Users may also try turning off ad plugins or extensions, and make sure there are no issues with his/her internet connection.
19.6. Profanity Policy
Freeki.com does not allow for threats, offensive language and hate speeches. Accordingly, the following must be observed:
  • Freeki.com users are prohibited to engage in threats of death or bodily or physical harm or any kind of harassment via any means including by email, member to member messaging, on our public message boards such as Admin, Freeki.com’s discussion boards or groups, etc.
  • Where a member receives a threat, he/she should be reported to admin and then local law enforcement.
  • The platform strongly prohibits the use of hateful, obscene, offensive, derogatory, profane, racist, sexual, defamatory, or violent language in profiles, user IDs, chat rooms, discussion boards or groups, member communication, Freeki.com’s Claims, listings, Feedback, collections, and on any other part of the platform.
  • Goods, items, or products that contain profanity may be allowed to the extent that:
    • Items such as CDs, DVDs, books or other media with titles that include language which may be considered to be profane are allowed on Freeki.com as long as any profane words are part of the official title,
    • Adult Items that include language which may be considered to contain profanity as part of their official title or description must be listed in the Adult Only category.
    • Freeki.com may allow items such as shirts, hats, etc. containing profanity to be listed if the profane word is blurred out completely in any images, and the majority of the word has been replaced with asterisks in the item listing so that the profanity is not conspicuous.
If a user goes ahead to list a profane item or listings, Freeki.com has so many actions to actions against this such as cancelling the account out rightly, account suspension, limitation of account privileges, amongst other actions.
19.7. Other Seller’s Policies.
Sellers must also comply with the following policies:
  • They must avoid relisting items that Freeki.com removed because they violated a policy.
  • Members must offer retail service levels.
  • Members must not create additional accounts in order to circumvent selling restrictions, buying limits, suspension, or to manipulate any part of Freeki.com’s feature.
  • Members are not allowed to bid on their own items.
  • Members are not allowed to sell their account without seeking permission from Freeki.com.
  • Members are not allowed to spy on and gather information in order to use it in another website as this infringes on the intellectual property rights on Freeki.com with dire legal consequences.
  • Members should only use Freeki.com’s platform for the intended purpose which is for retail buying and selling.
  • Members are not allowed to interfere with another member's transaction.
  • Members such as sellers are not permitted to email buyers in a completed transaction to warn them away from a seller or item. If you have a problem with a transaction, please kindly contact Admin or contact Customer Service Support.
  • Users who met on the Freeki.com’s platform cannot go outside the platform to transact business outside Freeki.com.
  • Users are encouraged to report any user interference or fraudulent activity they discover to Freeki.com’s Admin or call our Customer Care Support service via email or call our hotline.
  • Users are allowed to have more than one account for the following reasons such as for users who would like to buy and sell may want separate accounts for each activity or other users who maintain businesses on Freeki.com may prefer to manage separate accounts for different products.
  • Users are not allowed to have more than one account in order to register new accounts to avoid buying and selling restrictions or limits or other policy consequences for an account that has violated the policies.
20. Policies for Buyers.
Sellers are not required to agree to any extras or changes from the terms of your listing. If a buyer is making demands that are not a part of your original listing, you will be protected from negative Feedback and defects when you either deliver the item purchased by the buyer according to the original terms of your listing, or cancel the transaction.

It is mandatory that buyers comply with the following policies:
  • Buyers are not allowed to ask or demand for an item not offered in the original listing.
  • Buyers are not allowed to make false claims such as claiming an item was not received when there is a proof of delivery of that item that shows the contrary or falsely claiming that an item was not as described.
  • Buyers are not allowed to abuse or misuse returns such as using and damaging an item and then returning it or returning an item other than the original one received by the buyer.
  • Buyers should not return an item on the false claim that that item was not described when in fact it has been accurately described.
  • Buyers are supposed to return an item in the same packaging it came with and not in another packaging and the packaging or container must not have been destroyed so much that it is in a bad state.
  • Although buyers are allowed to retract a bid under special circumstances, they are not allowed to abuse the bidding process such as bidding for any purpose other than to purchase the item.
  • Although buyers are allowed to use messages to ask questions but they are not allowed to send messages to harass or intimidate the seller into getting into another business outside the original agreement.
  • Buyers are not allowed to intimidate or harass sellers over an item not received when the time for delivery has not yet elapsed.
  • Buyers are not allowed to ask from a refund from Freeki.com or use the Freeki Money Refund Service when he or she has already received a refund from the seller or when the buyer has not paid for an item.
  • Buyers are not allowed to falsely declare an item as a gift on custom form and if found out is an illegal activity attached with dire legal consequences.
  • Buyers are not allowed to engage in malicious buying such as bidding or deliberately incompleting the purchase.
  • Buyers are not allowed to give false information details such as wrong contact details and must consistently update their account details where any change arises.
  • Buyers are not allowed to buy with the intent to circumvent a listing such as:
    1. placing a bid that greatly surpasses the value of the item in order to prevent a sale without the intention of buying that item.
    2. buyers cannot bid on multiple items listed by a seller unless they intend to buy all of the items.
    3. A buyer cannot try to buy or bid on an item if he or she is on a seller's blocked bidder or buyer list.
    4. A buyer cannot use another account to buy or bid on an item if he or she is on a seller's blocked bidder or buyer list.
    5. A buyer is not allowed to make part payment of a purchase and will not be granted the purchase until full payment of that item is made.
    6. Freeki.com may put an end to a purchase process if after 4 days the buyer fails to complete a part-payment.
    7. Freeki.com will not refund or credit a buyer’s account any payment relating to listings or accounts on which it takes any action.
  • A seller may report a buyer who does not meet the listing requirements or terms. There are other things a seller can do to prevent fraudulent practices from buyers including:
    • block buyers who don't meet certain criteria or terms.
    • Require buyers to make immediate payment on listings.
    • Block specific fraudulent bidders and buyers.
    • Cancel bids
    • Report a buyer to Freeki.com.
21. Purchase Retractions.
A purchase is a binding contract between the buyer and seller. The circumstances where a buyer will be allowed to retract or cancel a purchase are:
  • When honest mistakes occur such as when the buyer accidentally enters the wrong price or amount, for instance entering £55.50 instead of £5.50. If this happens, the buyer needs to immediately enter the correct price.
  • When a buyer cannot reach a seller despite having tried to call the seller all to avail.
  • The seller changed the product’s description significantly after you have placed an order.
  • Cancellation or retraction of purchases will not be allowed if a buyer merely changes his or her mind about going ahead with the purchase or making multiple purchases and/or orders when he/she actually intended to make only one purchase. For this reason buyers should make multiple purchases only if they want to purchase all of them.
22. Freeki Shipping Policies.
As stated earlier before, Freeki.com through its International Shipping Programme, offers International freight services for its users. How it works is that where you are a seller with items for sale located in the UK, other European nations, America, China and other Asian Nations which is being purchased from you by an international buyer in a country eligible for the International Shipping Programme, you the seller will post the item to our shipping centre located in the UK, and where you are a seller with items for sale located in Nigeria which is being purchased from you by an international buyer in a country eligible for the International Shipping Programme, you the seller will post the item to our shipping centre located in Nigeria. A third party global high-tech shipping provider will oversee the customs clearance, processing and international postage of the item to your buyer.

Under the International Shipping Programme, a Shipment is deemed unacceptable if:
  • It contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as narcotics.
  • no customs declaration is made when required by applicable customs regulations.
  • It is classified as prohibited according to articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization (“Dangerous Goods”),
  • Its address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling,
  • It is containing any other item which Freeki.com decides cannot be carried safely or legally.
22.1. Inspection.
Freeki.com has the right to open and inspect a Shipment without notice for the purposes of safety, security, customs or/and regulation.
22.2. Deliveries
Shipments are delivered to the shipping centre of either the United Kingdom or Nigeria as the case may be. Sellers may either bring the products themselves to the shipping centre or send the item(s) by posting it to the shipping centre.

When the items are finally delivered to the shipping centre of the country of destination, it is the responsibility of the buyer to come to that particular shipping centre to pick up the item(s) or send a courier service to pick it up for him/her.

Where the Buyer cannot be identified or located despite reasonable efforts to do so, the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Freeki.com or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Freeki.com.

Freeki.com shall have the right to order the shipping company to destroy any Shipment that is in the list of Freeki.com’s prohibited list of goods.
22.3. Shipment Charges and Fees.
Freeki.com shall be responsible for paying the Shipping Company for its shipping services from the money being paid to it by the buyer. However, if there is additional costs incurred for shipping the goods or there is a surge on the shipping charges and/or fees, the buyer shall be notified of this with an invoice exhibiting the breakdown of these new charges and shall be required to pay up for these additional charges/fees.

Shipment charges are part of the money paid by buyers for the purchase of an item and they are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by the shipping company to confirm this calculation.

Individual packages should not exceed 100kg. In cases, where the individual package exceeds 100kg, the buyer should contact Freeki’s Admin or Customer Service Support.
22.4. Shipping Liability.
As earlier stated, Freeki.com is exempted from liability from loss of goods at the high seas as Freeki.com will employ a high-tech shipping company for the shipping of packages and/or items. The liability of Freeki.com starts from when the goods have been shipped to the country of destination. In other words, Freeki.com becomes liable only from the transit of the goods from the shipping port to Freeki’s shipping centre and in cases of it being responsible for the final delivery; the liability will extend to when the goods get to the Buyer. Freeki.com is also exempted from liability from damage or loss of goods caused by delay when it is not within its control, such as when the goods has been handed over to a shipping company for shipping and the latter delays in the shipping and/or delivery of the goods.

Goods brought into the destination country shall be warehoused in Freeki’s shipping centre. Buyers are to collect their items or send a courier service to do that for them within 7 days when the goods arrive at the shipping centre. Freeki Ltd shall not be liable for goods that deteriorate or get damaged if the goods stay more than 7 days. If after three months and the owner still fails to pick up the item despite being contacted to do so, he will forfeit the right to the goods.

As stated earlier, Freeki Ltd is not liable for any loss or damage arising out of circumstances beyond Freeki.com’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data ; any defect related to the nature of the Shipment, even if brought to the knowledge of Freeki.com; any act or omission by a person not employed or contracted by Freeki.com - e.g. Seller, Buyer, Shipper, Receiver, third party, customs or other government official; “Force Majeure” or Act -e.g. earthquake, cyclone, storm, flood, fog, hurricane, ship wreck, war, plane crash, embargo, riot, civil commotion, or industrial action.

When automobile goods under Freeki.com’s Automobile Category is ordered and paid for, Freeki.com obtains the automobile from the seller and it is only responsible for sending the bill of lading to the buyer but is not responsible for the shipping of the automobile overseas which is the responsibility of the buyer to do. The only thing Freeki.com may do to assist the buyer is to suggest a recommended and trusted Shipper to the buyer to ship the automobile on behalf of the Buyer.

Therefore, in the shipping of automobiles, Freeki.com will not be held liable for not shipping the automobile overseas to the buyer as long as it delivers the bill of lading to the Buyer.
22.5. Claims
All claims must be submitted in writing to Freeki Ltd within thirty (30) days from the date that Freeki Ltd accepted the Shipment, failing which Freeki Ltd shall have no liability whatsoever. Claims are also limited to one claim per Shipment.
22.6. Shipment Insurance.
Freeki Ltd may in connection with the shipping company be able to arrange insurance covering the value in respect of loss of or damage to the Shipment, provided that the Buyer so instructs Freeki Ltd in writing, including by completing the insurance section on the front of the waybill of the shipping company involved or by Freeki.com’s automated systems and pays the applicable premium. Shipment insurance does not however cover indirect loss or damage, or loss or damage caused by delays.
22.7. Routing.
The buyer agrees to all routing and diversion and the possibility that the Shipment may be transported via intermediate stopping places or/and routes.
22.8. Seller’s warranties and indemnities.
A seller shall indemnify and hold Freeki.com not responsible for any loss or damage arising out of the seller’s failure to comply with the following warranties and representations:
  • All information provided by Shipper or its representatives must be complete and accurate;
  • The Shipment is acceptable for transport and is not under the prohibited list of Freeki.com’s Prohibited list as abovementioned.
  • The Shipment was protected against unauthorized interference during preparation, storage and any transportation to Freeki.com;
  • Seller has complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations as well as Freeki.com’s policies;
  • Seller has obtained all necessary consents in relation to personal data provided to Freeki.com including Buyer’s data as may be required for transport, customs clearance and delivery, such as bio data, mobile number and email address.
23. Termination of Contract
This agreement remains valid as soon as the seller, buyer or other party concerned signs this Terms and Conditions and will remain valid indefinitely, until termination by either party. Although, termination can occur at any time but a period of a month’s notice must be given and must be in writing, either by email, post or via fax. The terms and conditions during this notice period still apply during that period.
24. Severability
Each provision of this Terms and Conditions shall be enforced independently so that the invalidity or unenforceability of one provision does not affect the other in these Terms and Conditions.
25. Modification of Policies.
Freeki.com reserves the right to modify or make changes to its terms and conditions without giving any reasons for doing so. In doing do, Freeki.com will give users adequate notice via email. The modified terms shall be deemed effective after two weeks of notifying users. The modified terms and conditions will be also be deemed consented to if the user does not object to them in writing within two weeks of receiving the modified terms.
26. Governing Law
Any dispute arising from or in any way connected with these Terms and Conditions shall be subject, to the exclusive jurisdiction of the courts of, and governed by English law and both seller and buyer as well as Freeki.com irrevocably submits to such jurisdiction.